Larry Cohen
Lately, there have been references to many court decisions involving Menorahs.
Perhaps a legal primer on appellate court procedures and how they fit in might prove useful.
The final decider of disputes is the U.S. Supreme Court.
Whatever position the Supreme Court takes, that is the final law of the land on the matter. Other federal Courts of Appeal are considered to be lower courts and subservient to the decisions of the Supreme Court.
Only the essential decision of the case is considered to be the law.
A lower appellate court can make law on the matter if it addresses a portion of the issue that has not been decided by the Supreme Court.
Finally, what a federal Court of Appeal decides is only applicable to the particular jurisdiction it occupies.
How does this all apply to the question of the menorah? The U.S. Supreme Court has taken up the matter in the Allegheny Case (1989).
While there are considerable words used in their analysis, the basic decision of the court is that it is OK to place a menorah next to a Christmas tree.
This is the law of the land and no other court can overrule this decision.
A decision made by a federal Court of Appeal, in which Colorado is in that jurisdiction, can only apply to that portion of the issue that the U.S. Supreme Court has not addressed.
For example, if the Supreme Court did not decide on the dimensions of the menorah, then a federal Court of Appeal could come up with the menorah dimensions and that would apply throughout its jurisdiction which could include Colorado. Further, a federal Court of Appeal that affects Florida would have no effect on Colorado.
U.S. presidents since President Carter have participated in public menorah lightings on public land.
Governors of states have participated in menorah lightings. Mayors of many, many cities in the United States have participated in public menorah lightings.
Fort Collins City Council members believe that they have a clear understanding of the law and have applied it contrary to presidents of the United States, governors of various states and many, many mayors.
Wow. Our City Council must have a novel and new understanding of the law.
Why should Fort Collins stand out as being so different as to what has become commonplace in America?
A final word on Chabad, which is represented locally as the Chabad Jewish Center of Northern Colorado. They do not stand only for Jewish things.
When Katrina struck, Chabad at Tulane University spearheaded a relief effort for New Orleans and the Mississippi Coast that provided food, shelter and clothing.
They were publicly praised and thanked by President Bush.
When the tsunami struck Thailand, Chabad of Thailand provided food, clothing, shelter, and even toys for children.
They were thanked by the government of Thailand.
I can tell you, if some disaster struck Northern Colorado, Chabad in Fort Collins would spearhead a relief effort, too.
Larry Cohen is a retired attorney and president of Chabad Jewish Center of Northern Colorado.
Lately, there have been references to many court decisions involving Menorahs.
Perhaps a legal primer on appellate court procedures and how they fit in might prove useful.
The final decider of disputes is the U.S. Supreme Court.
Whatever position the Supreme Court takes, that is the final law of the land on the matter. Other federal Courts of Appeal are considered to be lower courts and subservient to the decisions of the Supreme Court.
Only the essential decision of the case is considered to be the law.
A lower appellate court can make law on the matter if it addresses a portion of the issue that has not been decided by the Supreme Court.
Finally, what a federal Court of Appeal decides is only applicable to the particular jurisdiction it occupies.
How does this all apply to the question of the menorah? The U.S. Supreme Court has taken up the matter in the Allegheny Case (1989).
While there are considerable words used in their analysis, the basic decision of the court is that it is OK to place a menorah next to a Christmas tree.
This is the law of the land and no other court can overrule this decision.
A decision made by a federal Court of Appeal, in which Colorado is in that jurisdiction, can only apply to that portion of the issue that the U.S. Supreme Court has not addressed.
For example, if the Supreme Court did not decide on the dimensions of the menorah, then a federal Court of Appeal could come up with the menorah dimensions and that would apply throughout its jurisdiction which could include Colorado. Further, a federal Court of Appeal that affects Florida would have no effect on Colorado.
U.S. presidents since President Carter have participated in public menorah lightings on public land.
Governors of states have participated in menorah lightings. Mayors of many, many cities in the United States have participated in public menorah lightings.
Fort Collins City Council members believe that they have a clear understanding of the law and have applied it contrary to presidents of the United States, governors of various states and many, many mayors.
Wow. Our City Council must have a novel and new understanding of the law.
Why should Fort Collins stand out as being so different as to what has become commonplace in America?
A final word on Chabad, which is represented locally as the Chabad Jewish Center of Northern Colorado. They do not stand only for Jewish things.
When Katrina struck, Chabad at Tulane University spearheaded a relief effort for New Orleans and the Mississippi Coast that provided food, shelter and clothing.
They were publicly praised and thanked by President Bush.
When the tsunami struck Thailand, Chabad of Thailand provided food, clothing, shelter, and even toys for children.
They were thanked by the government of Thailand.
I can tell you, if some disaster struck Northern Colorado, Chabad in Fort Collins would spearhead a relief effort, too.
Larry Cohen is a retired attorney and president of Chabad Jewish Center of Northern Colorado.
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