Jones Rushing was chosen on the basis of her record of commitment to extreme conservative causes and organizations rather than her legal career and experience.
While an intern at ADF in 2005, Rushing co-wrote a law review article with another ADF attorney titled, “Nothing To Stand On: ‘Offended Observers’ And The Ten Commandments,” which argued that the courts should prohibit legal challenges to government-sponsored religious displays, such as the Ten Commandments, by claiming taxpaying members of the community don’t have standing – or the right to sue. The article mocks the objections to unconstitutional government favoritism of religion as “delicate plaintiffs with eggshell sensitivities,” “weak” and “pretty wispy stuff.”
In reality, these displays cause real harm by signalling to people who don’t share the same religious beliefs that they are outsiders in their own community and are disfavored by their own government. If the courts adopted Rushing’s view on standing, community members would have no way to challenge religious displays in court.
Rushing has continued to advance ADF’s agenda of undermining church-state separation by acting as a mentor to young attorneys through ADF’s Blackstone Legal Fellowship program; she has spoken at Blackstone programs at least three times, including last year, according to Alliance for Justice, a progressive judicial advocacy organization.
During a 2013 panel discussion, Rushing indicated she opposed the ruling in U.S. v. Windsor, the Supreme Court decision that struck down the Defense of Marriage Act (DOMA), which barred the federal government from recognizing the civil marriages of same-sex couples. Rushing praised the dissent by the late Justice Antonin Scalia, who claimed that DOMA “did have a valid basis,” and she criticized the majority for choosing to “write the opinion in a unique way that calls it bigotry to believe that homosexuality does not comport with Judeo-Christian morality.”
From Huffington Post:
Rushing worked for Alliance Defending Freedom, a conservative Christian organization that has been classified as a hate group by the Southern Poverty Law Center. She has argued that there were “moral and practical” reasons for banning same-sex marriage. At 37, Jones is also the youngest federal judge in the country, and some Democrats opposed her on the grounds that she lacks the experience or legal ability to be a U.S. circuit judge. Every Senate Republican voted to confirm her.
The background report on Allison Jones Rushing from the Alliance for Justice is here.