This is what happens when you let a Federal Judge rule over a State Judge in internal matters in the State. Thomas Jefferson said in reference to Judical Review in a letter to William C. Jarvis in 1820:
“To consider the judges as the ultimate arbiters of all constitutional questions [is] a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy. Our judges are as honest as other men and not more so……”
A federal judge has ruled that Muslims in a Tennessee congregation have a right to occupy their newly built mosque, overruling a county judge’s order that was keeping them out.
The Islamic Center of Murfreesboro sued Rutherford County on Wednesday and U.S. District Judge Todd Campbell granted the mosque an emergency order to let worshippers into the building before the holy month of Ramadan starts at sundown Thursday. Federal prosecutors also filed a similar lawsuit.
But a county building codes inspector announced Thursday the mosque would not be ready for occupancy for at least two weeks, reported Tennessean.com.
Septic facilities need to be installed, and approval needs to be obtained from the state Department of Environment and Conservation, the fire marshal, and other entities, said Rutherford County Building Codes Director David Jones after he inspected the Islamic Center on Thursday morning. There’s also exterior work that needs to be done before the building is ready for its final inspection, he said.
The future of the mosque had been in question since May, when a local judge overturned the county’s approval of the mosque construction. This month, he ordered the county not to issue an occupancy permit for the 12,000-square-foot building.
In past years, community members have gathered for Eid-al-Fitr — the breaking of the fast for Ramadan — in the parking lot of the rented worship space that they outgrew, the Tennessean.com reported.
The contentious fight over the mosque stems from a 2010 lawsuit filed by a group of residents who made repeated claims that Islam was not a real religion and that local Muslims intended to overthrow the U.S. Constitution in favor of Islamic religious law.
Those claims were dismissed, but opponents won with a ruling that overturned the approval to build the mosque on the grounds that county didn’t give adequate public notice of the meeting.