Fox News: On the Record w/ Greta

“Oklahoma Law Bans Sharia”

9 November 2010
VAN SUSTEREN: Oklahoma voters saying no to Islamic law. Last week 70 percent
of Oklahoma voters approved a referendum barring state court judges from
considering international or Islamic Sharia law in deciding cases.
But there is a catch. Joining us live is "Wall Street Journal" Supreme Court
reporter Jess Bravin. Jess what happened to the law? It was passed by the voters,
and then what happened to it?

JESS BRAVIN, "WALL STREET JOURNAL": A federal judge enjoined it until a

November 22nd hearing. A Muslim activist in Oklahoma City filed a lawsuit alleging
that it violates the First Amendment of the U.S. constitution which protects religious
freedom. And the judge said he's likely to prevail and barred the law from taking
effect until a hearing to listen to the merits.

VAN SUSTEREN: So it's a temporary restraining order.

Here's what I don't get. I know that the vote was 70 percent, but was Sharia law
even being used in Oklahoma? Was it an issue?

BRAVIN: I guess it depends on what you think an issue is. None of the people
behind the amendment who I spoke to could cite any instance of an Oklahoma judge
ever citing Islamic religious law or any religious law. But they are persuaded some
day they might. To prevent the Oklahoma judiciary from turning to medieval Islamic
religious code for its judicial guidance they thought this amendment was necessary.

VAN SUSTEREN: If I were looking at it as a judge, usually judges only decides

controversies when they are real controversies, like you have an instance where the
courts have used Sharia law, not that it is likely to happen. I've never seen it used in
court. And this is like it might happen, so the judge is deciding it too soon.

BRAVIN: You mean the federal judge enjoining this amendment?

VAN SUSTEREN: It is not an issue. It is not being used.

BRAVIN: Well, yes, but the question is, let's say the amendment -- voters pass
amendment saying Muslims have an inferior religion. That doesn't have legal effect
necessarily. No judge is going to apply that. But it is a statement of religious
preference by the state. Is that constitutional? That's how the judge looked at this
case.
 VAN SUSTEREN: I guess if as a result we are not going to let Muslim kids go to
public school or something. I'm just a little bit surprised as this seems to be jumping
the gun.

BRAVIN: Well, the judge gave her reasons. Here's the opinion explaining why she
believes at this point, until there's a chance to air the issues more fully, there is a
likelihood that the plaintiff would win. And the reasons are pretty much three.
One, she says this measure singles out a particular religious tradition for
stigmatization. "The measure bars consideration of any foreign or international
authorities, specifically Sharia," is what it says. So what is the reason for singling out
new one religion?
There is evidence that the sponsors don't think much of this religion. They've
called it a threat, and so forth. So that's one reason, it singles them out for disfavor.
Two, he [the plaintiff] says he has a will based on some religious precepts; if a
court can't apply his will he's lost the right to have his will invoked. The third reason
[is that] it puts the Oklahoma courts in the position [of deciding] what is and isn't
Sharia law. Sharia law is not one book with 10 pages. It is a lengthy tradition not
applied consistently. So you will have Oklahoma judges trying to decide: Is that a
Sharia principle or not?

VAN SUSTEREN: It will be interesting to see what happens, but I can't imagine
Sharia law being used in any court. We'll see what happens on this one, thank you.
***

VAN SUSTEREN: Check out our entire interview with President Bush Friday night
10 p.m. eastern.
And still ahead, Conan O'Brien returns. Do you think he's ready to kiss and make
up with NBC? Guess again. Conan is next.

(COMMERCIAL BREAK)

VAN SUSTEREN: It's time, last call.

He's back. Conan O'Brien made his big debut on TBS last night, and he
immediately went after an old favorite target. (BEGIN VIDEO CLIP) CONAN O'BRIEN,
LATE NIGHT TALK SHOW HOST: People ask me why I named the show "Conan." I did
it so I'd be harder to replace. (LAUGHTER) (APPLAUSE) He's out. Get another Conan!
(LAUGHTER) I'm going to be honest. It's not easy doing a late-night show on a
channel without a lot of money that viewers have trouble finding. (LAUGHTER) So
that's why I left NBC. (LAUGHTER) (APPLAUSE) The weird thing is this, though. I put
myself and my staff through this crazy huge ordeal all because I refused to go on at
midnight, OK? So I work, you know, and then I get this job at 11:00. It's supposed
to be a big deal. Then yesterday daylight savings time ended. (LAUGHTER) Right
now it's basically midnight. (LAUGHTER) What the hell is that all about? I'm an idiot.
 (APPLAUSE)

(END VIDEO CLIP) VAN SUSTEREN: Welcome back, Conan. That is your last call.
We're closing down shop. Thank you for being with us tonight. We'll see you all again
tomorrow. "The O'Reilly Factor" is next. Goodnight from Washington.
END