A Texas school-prayer case that fueled calls by  Newt Gingrich to have judges subpoenaed to testify before Congress on why they ruled in a particular way and calls to curtail the power of federal judges settled last week. 

The case stems from a  lawsuit by two students who asked  that the federal court enjoin  religious displays at their school, including a prayer at the graduation ceremony. U.S. District Judge Fred Biery ruled in their favor, finding that the prayers were likely to violate the First Amendment’s establishment clause.

His original order was was reversed by the the U.S. Court of Appeals for the Fifth Circuit rather promptly. Texas Senator John Cornyn and Governor Perry were highly vocal in their criticism of Judge Biery.  Governor Perry described Judge Biery’s decision as “reprehensible” and an “inappropriate federal encroachment into the lives of Americans.” 

But no one was as fierce in their criticism as former Speaker Gingrich.  Mr. Gingrich lambasted Judge  Biery, a former United States Marine who is currently the Chief Judge, in television interviews and in many speeches, as evidence that the entire federal court  judiciary is out of touch and needs reining in.

Intense public criticism is perhaps expected in any case involving the Establishment Clause. Most times judges only discuss that type of intense criticism in private among their closest judicial colleagues or friends. But in an order approving the settlement, Biery closed, unusually, with a personal statement:  During the course of this litigation, many have played a part:

To the United States Marshal Service and local police who have provided heightened security:

Thank you.

To those Christians who have venomously and vomitously cursed the Court family and threatened bodily harm and assassination: In His name, I forgive you.

To those who have prayed for my death: Your prayers will someday be answered, as inevitably trumps probability.

To those in the executive and legislative branches of government who have demagogued this case for their own political goals: You should be ashamed of yourselves.

To the lawyers who have advocated professionally and respectfully for their clients’ respective positions: Bless you

The complete Settlement Agreement (Appendix I) and historical observations of the Court (Appendix II) may be found at the Court’s website http://www.txwd.uscourts.gov/opinions/cases/schultz/default.asp.