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Suit Challenging Star of David In US Supreme Court Dismissed As Frivolous

By Howard M. Friedman

In Smith v. Roberts, (IN Ct. App., Sept. 8, 2009), an Indiana state Court of Appeals rather easily dismissed as frivolus an unusual lawsuit filed by an Indiana resident against U.S. Chief Justice John Roberts. According to the court, plaintiff's "complaint alleges there is a Star of David carved into the Supreme Court building and 'alleges that Roberts has acted negligently in his officials [sic] duties by allowing and continuely [sic] establishing, advocating, and advancing the Jewish religion in violation of the First Amendment to the United States Constitution of America [sic].'" The Indiana appellate court said that plaintiff had essentially conceded that relief was not available under either the Federal or Indiana Tort Claims Acts, the statutes he had invoked. At any rate, the court siad, it could not grant relief against the U.S. Supreme Court.

Full post as published by Religion Clause on September 14, 2009 (boomark / email).