Sunday, August 22, 2010

The First Amendment Meets A DWI Case-No Campus Police At Religious Schools? (Updated)

I really want to read this opinion. Update- Here is the Opinion

It's not every day that First Amendment issues get raised in a drunk-driving case. But last week the Court of Appeals threw out a DWI case involving an arrest by a Davidson College police officer, agreeing with the defense that Davidson is a religious institution and giving police powers to the school is unconstitutional. "We hold that the delegation of police power to Davidson College ... is an unconstitutional delegation of ‘an important discretionary governmental power' to a religious institution in the context of the First Amendment," Judge James A. Wynn Jr. wrote in a unanimous opinion before his departure to the Fourth Circuit Court of Appeals. Allen Brotherton, who represented the defendant, said he thinks the opinion should have an impact on the way campus police departments on all church-affiliated schools in the state operate.

Tip of the Hat to Instapundit

Update this get more interesting:

Nomination under Clinton

On August 5, 1999, President Bill Clinton nominated Judge Wynn to serve on the United States Court of Appeals for the Fourth Circuit to fill a vacancy created by the decision by Judge James Dickson Phillips, Jr. to take senior status.

Wynn's nomination never received a hearing from the U.S. Senate Judiciary Committee.

President Barack Obama nominated Wynn and North Carolina Superior Court Judge Albert Diaz for seats on the Fourth Circuit on Nov. 4, 2009. [5][6][7] Obama's renomination of Wynn and nomination of Diaz were jointly endorsed by North Carolina senators Kay Hagan, a Democrat, and Richard Burr, a Republican.[8] The Senate Judiciary Committee voted 18-1 on Jan. 28, 2010 to send Wynn's nomination to the Senate floor.[9] His nomination was confirmed by the full Senate on August 5, 2010 by unanimous consent.[10]