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Thursday, January 10, 2008

Islam in American Courts

While the Supreme Court of the U.S. weighs arguments for or against state mandated voter I.D. laws, there is an alarming rise in court cases brought by muslims which involve prison litigation, asylum, and employment, most of which are brought in federal court.

According to Jeff Breinholt, the author of this article,

"...2007 ended with highest number of American court opinions involving Islam of any in U.S. history. They totaled 888 cases (792 federal opinions and 94 state opinions). While there were plenty of other cases involving Muslims, this search yields only those cases where Islam is specifically mentioned in the opinions.

To understand how recent a phenomenon this is – courts mentioning Islam in their opinions - there were more opinions mentioning Islam in 2007 than there were in all the years in U.S. history prior to 1980, combined.

From the total number of Islam cases in 2007, several can be eliminated from analysis: cases in which “Islam” or “Muslim” was the name of one of the parties but not otherwise relevant to the controversy, cases where the words were in the title of another case cited by a court, and cases in which the words were part of an analogy or rhetorical device in an opinion that otherwise does not involve Islam. This leaves a meaningful universe of relevant 2007 Islam cases totaling about 750 (mostly federal, with 83 from state courts).
Other categories for litigation brought by Muslims involve Libel and Slander; Constitutional Claims and Challenges to Government Operations; Private Terrorism Lawsuits; and Family Disputes.

Could it be these legal toe holds are part of a larger stategy? The “I Am a Muslim” Defense: Trying to Instill Islamic Law?