High court gets it wrong in church-state case

There was a time in this country when most people understood what the U.S. Constitution said, even on controversial and evolving legal situations like the separation of church and state. States and municipalities did whatever they wanted, pretty much, whether constitutional or not, like they still do sometimes, but the U.S. Supreme Court always had the last and most reasonable word. Of course it wasn't always so -- there have, as we all know, been some amazing doozies over the years. But that was then, before the likes of Byron White and William Rehnquist were on the court. Now, with Chief Justice John Roberts and Associate Justices Antonin Scalia, Samuel Alito and Clarence Thomas in four of the panel's nine seats, the high court can no longer be relied on for sound reasoning in the face of the kind of blatant partisanship that comes from highly paid advocates. Each yearly term of the current panel reveals further examples of this, from the utterly regrettable Bush v. Gore decision in 2000 (the constitutional way to determine who won a presidential election is to stop counting the votes!) to the shockingly unrealistic Citizens United decision (Congress is constitutionally barred from placing reasonable limits on campaign contributions!) earlier this year. So, it came as little more than rueful surprise to see the court rule 5-4 Wednesday that a Christian religious cross erected on national parkland as a war memorial in California's Mojave Desert did not violate the First Amendment, as the New York Times reported. It wasn't just that the cross itself was on public land, or that the government had tried to relieve itself of responsibility by selling the tiny bit of land under the Sunrise Rock cross to a veterans' group, but that U.S. officials refused to allow representatives of other religions to place their own memorials there! The First Amendment's prohibition on laws "respecting an establishment of religion" has come to bar the United States from favoring any religions over others. It is a tribute to the soundness of this reasoning that such disputes rarely reach the high court, even with the loud and often overbearing religious leaders that populate the country. Yet favoring is clearly what the government did at Sunrise Rock. "The Constitution does not oblige government to avoid any public acknowledgment of religion's role in society," Justice Anthony Kennedy wrote for the court majority. "Here one Latin cross in the desert evokes far more than religion. It evokes thousands of small crosses in foreign fields marking the graves of Americans who fell in battles, battles whose tragedies are compounded if the fallen are forgotten." But in dissent, Justice John Paul Stevens, the only war veteran on the court, said "I certainly agree that the nation should memorialize the service of those who fought and died in World War I, but it cannot lawfully do so by continued endorsement of a starkly sectarian message." The case is entitled Salazar v. Buono, No. 08-472.

Elections in Sudan don't live up to Western standards

The United States and other Western nations didn't wait until the votes were completely counted in Sudan to begin questioning the validity of the results of the first multiparty election in the East African nation in 24 years. The U.S. State Department said Monday that the weekend balloting was "not a free and fair election," given wide reports of alleged fraud and boycotts by various groups. "It did not, broadly speaking, meet international standards," State Department spokesman P.J. Crowley said in Washington, according to the Reuters international news service. Sudan's president, Omar Hassan al-Bashir, and his National Congress Party are expected to easily win re-election and continue to dominate politics, at least in the northern portion of the insurgency-torn oil-producing nation still under the control of the government in Khartoum. But given that the election occurred at all, even flawed, was seen as a positive development by the West. The balloting fulfilled another portion of the 2005 peace deal that interrupted a 22-year civil war between Sudan's Muslim-dominated north and Christian and Animist groups in the south led by the Sudanese People's Liberation Army. The third and, perhaps, most important condition of the Comprehensive Peace Agreement is a vote on whether to permanently separate the northern and southern regions of Sudan by 2011, Reuters said. "I think we recognize that the election is a very important step" in carrying out the 2005 peace deal, Crowley said. "The United States will continue to work with the government in the north, the government in the south, as we move forward with ... the vitally important referenda that'll happen in January of next year." Initial polls indicate Bashir's party would receive as much as 90 percent of the vote in northern Sudan, Reuters said. In a separate statement, delegations from the United States, Britain and Norway -- guarantors of the peace deal, said the election suffered from poor preparation and other irregularities and called on the Khartoum government to fix these problems before the next round of voting. "We note initial assessments of the electoral process from independent observers, including the judgment that the elections failed to meet international standards," the three countries said in a statement. "We are reassured that voting passed reasonably peacefully, reportedly with significant participation, but share their serious concerns about weak logistical and technical preparations and reported irregularities in many parts of Sudan. Observers from the European Union and the Carter Center also said the elections did not meet international standards. Bashir still faces genocide charges filed last year by the International Criminal Court in The Hague over hundreds of thousands of killings in the Darfur region of eastern Sudan, where millions were displaced by conflict between the Khartoum government and ethnic rebel groups that was not related to the 22-year war between north and south.

Voters in divided Sudan go to polls despite continuing controversy

Word from Sudan is that voters are jamming polling places in the country's first multiparty election in 24 years in the face of an unsettled political situation, calls for boycotts and allegations of fraud. The landmark election implements another requirement of a 2005 agreement that ended, at least temporarily, a decades-long civil war but left the oil-rich country divided between the government-controlled Muslim north and the Christian- and Animist-controlled south. The election is a prelude to the unification vote planned for 2011, according to Cable News Network (CNN). Voting continues through Tuesday. Reports of irregularities poured in from all over the country, despite the presence of 750 international monitors, including former U.S. President Jimmy Carter, and 18,000 Sudanese monitors, CNN said. But some problems were expected "in a country that hasn't had an election in 23 years or so," Carter said. "Most of the problems I saw this morning were logistical in nature and have already been corrected, at least around Khartoum," he said. But he said some problems were expected "in a country that hasn't had an election in 23 years or so." Many reports of irregularities were coming from the south, the stronghold of the opposition Sudan Peoples' Liberation Movement. In fact, complaints about fraud by the ruling National Congress Party caused the withdrawal of its candidate from the presidential race against President Omar al-Bashir, who took power in a 1989 military coup and implemented Islamic law, CNN said. In Juba, Southern Sudan's president, Salva Kiir, called the balloting a significant milestone for the country and said he had voted for the first time in his life. SPLM spokesman Yein Matthew told CNN that it was documenting incidents in the region and would present a list of them on Monday. "There are so many, and we are still tracking them down," Matthew said. More than 2 million people died in the civil war, not including the conflict in the western Sudan region of Darfur. That conflict, which received broad international media coverage, was between the government militias and ethnic rebels and resulted in genocide charges being filed against al-Bashir by the International Criminal Court in The Hague, CNN said. Al-Bashir denies the charges.