Fox News articles can now be listened to, providing a new way to consume news. However, it is important to consider the nomination of Loren L. AliKhan to the U.S. District Court for the District of Columbia and its potential impact on civil rights. AliKhan’s history of making extreme arguments and consistently losing in court raises concerns about her qualifications, fairness, and legal judgment.
During her time in private practice and as Solicitor General of D.C., AliKhan targeted people of faith, including Sikhs. She opposed their right to gather for worship, the ability of religious organizations to choose teachers based on faith, and the freedom of faith-based groups to operate without government interference. These attacks on the First Amendment have been widely rejected by many courts and are not aligned with mainstream legal principles.
AliKhan’s extreme legal theory, if adopted, would have severely undermined the first freedom guaranteed by the Constitution. All nine justices of the U.S. Supreme Court, including Justices Ruth Bader Ginsburg and Sonia Sotomayor, rejected her theories in the 2012 case of Hosanna Tabor v. EEOC. The Supreme Court’s unanimous opinion labeled her arguments as “untenable” and not in line with the First Amendment.
Furthermore, AliKhan’s extreme views were also rejected by the District Court of District of Columbia, the same court she is currently nominated for. In the Capitol Hill Baptist Church v. Bowser case, she failed to justify the differential treatment of religious gatherings compared to political protests during the COVID-19 pandemic. As a result, D.C. taxpayers were ordered to reimburse the church $220,000 in legal fees.
AliKhan’s narrow views on religious liberty were also evident in her opposition to the religious liberty rights of Sikhs to build a temple in the nation’s capital. Her arguments in Jaswant Sawhney Irrevocable Trust, Inc. v. District of Columbia were deemed to be without legal basis and her analysis was criticized for being flawed. This threatens the religious liberty rights of a minority faith and goes against the principles of diversity.
AliKhan’s extreme legal theories have been consistently rejected by federal judges, including the U.S. Supreme Court. First Liberty Institute, along with other organizations, has expressed opposition to her nomination. It is imperative that the U.S. Senate rejects AliKhan’s nomination and prevents her from becoming a district judge.
By: Hiram Sasser
Executive General Counsel
First Liberty Institute
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