The U.S. Senate has taken action that could mean a legal battle royal over the stimulus bill.
The Senate rejected an amendment offered by Senator Jim DeMint (R-South Carolina) that would have stripped language from the stimulus bill that would force colleges and universities to throw religious clubs off campus if the schools receive federal funds. (See earlier article)
Jay Sekulow of the American Center for Law & Justice had this reaction.
"Well, not only is it disappointing, it's almost a throwback to litigation that we conducted in the 1980s that we won unanimously at the Supreme Court," he says. "And I feel like this particular legislation pokes the finger in the eye of people who take religious faith seriously.
"It's discriminatory in its application, unconstitutional as it's written, [and] unfortunately it's going to take four or five years for it to be litigated all the way through," Sekulow adds.
With passage of the bill with the restrictions in place, how might colleges and universities be affected? "We're going to look at filing an application for a stay of this provision, trying to get it declared unconstitutional through a restraining order," he shares.
Sekulow plans to file suit the day after President Obama signs the bill.