Posts Tagged ‘Supreme Court’

Sotomayor for the Supreme Court

May 27, 2009

I’ve been holding off a bit with regards to the nomination of Judge Sotomayor for the Supreme Court. As noted in a previous entry I favored Ken Salazar for the position. Nevertheless, I feel that a few things need to be addressed with her selection.

Certainly everything that noted barrister David Kopel in his short assessment, found HERE should be looked over closely. As should the many concerns and comments there as well as over at my good friend TexasFreds.

In various places around the Internet I saw references to “reverse racism.” That, in and of itself is “bass ackwards” to quote an old Marine that I knew when I was growing up. Racism is racism. End of discussion. Same thing with sexism. Ms Sotomayor appears, at least from her history as reported too widely to cite, to have more than a bit of racist and sexist in her. I’d hoped that we as a nation had grown beyond all that sort of thing. Yet, in the last election cycle we were inundated with being told that it was not about race at all, but “change.” Then no sooner than the ballots were counted all that could be heard was how the United States had elected it’s first “Black President.” So much for a nation outgrowing it’s past like an adolescent outgrowing poor social skills. Not to mention that the man is half white, and half Arab… I suppose some things never do really change.

Also, having read the quotations from the Kopel piece I have to seriously wonder about the woman’s grasp of the Constitution and Bill of Rights. Yes, I read her bio, and what came immediately into my mind were the words of a Professor Emeritus said to me many years ago. I shall repeat them here; “Never, young man, confuse education with intelligence.”

I shall leave me readers with that tiny bit of wisdom that I was blessed to be able to learn in years gone by.

Justice Ken Salazar?

May 24, 2009

As I have posted elsewhere, Ken Salazar is a nice guy. He appears to work very hard at pleasing as many people and causes as he possibly can. That, however, is not leadership. Leadership is about making hard choices based upon personal beliefs and solid ethics. It’s decidedly not about pleasing groups or popularity. That is “leading” by way of polls and political correctness. Soon, the impostor in chief will submit a nominee for the Supreme Court. The obama has a lot of political debts left to be paid off. Not the least of which is the Latino contingent. So will obama toss the Latinos a bone or continue to hold them out in front of a bus where they will be easy to toss under as a matter of political expediency? The obama also has some real serious debt politically in Colorado. Two birds with one stone perhaps? As much as I disagree with obama I’m not about to call him stupid when it comes to obfuscation and related “skills.”

I’m thinking that the heavy hitters in Colorado may have hit a home run on this one. After all, being a Justice on the Supreme Court isn’t at all about intestinal fortitude, and hasn’t been for quite some time, if indeed it ever was. It is about turning any argument away from the true issue at hand. Witness the recent decisions in the Heller case, and another having to do with domestic violence that was really about ex post facto law. The Supreme Court was at best disingenuous, and in the worst sense kowtowing to political correctness.

Based upon the preceeding realizations of truth I whole heartedly support Ken Salazar for a position on the Supreme Court of the United States of America. He would fit right in.

Misinformation…

May 7, 2009

Misinformation, or deliberately misleading the public with an agenda driven policy? You decide.

Nothing to see here, move along: “The fact that Obama is essentially replacing — and I’m going to use these terms loosely — but a more liberal judge with what will eventually probably be a liberal judge doesn’t really change things a lot, but if John McCain were the president of the United States today, this court would be changing in extreme ways, wouldn’t it?” –CNN anchor Rick Sanchez

Misdiagnosis: “They’re very comfortable, the core of the Republican Party, with their message of skepticism about government. … Cut taxes, shrink government. … But it doesn’t sell with, with people outside of their base demographic which are white males. There’s something about that message that turns off families, that turns off women, that turns off people who think that caring matters about other — I know that this sounds silly, but caring about other people.” –Newsweek’s Howard Fineman ++ “Can they get past the cacophony of Rush Limbaugh, Dick Cheney, Newt Gingrich? These are sort of trollish figures. These aren’t the caring people, are they?” –MSNBC’s Chris Matthews in response

Stranger than fiction: “Barack Obama is a truly flabbergasting President. And in a good way — not the way some of his predecessors were. He’s not flabberghastly…. His verbiage is a melting pot that’s always bubbling.” –Washington Post TV critic Tom Shales

From the sycophants: “Let me just say, I thought that in terms of mastery of the issues, we have rarely had a president who is as well briefed and speaks in as articulate a way as this president does.” –CNN political analyst David Gergen

Uh, no: “Everybody, including Republicans, would have to say that his first 100 days have been great.” –CBS News executive producer Rick Kaplan

Reporting the important stuff: “The first couple took full advantage of the cool spring night. After a date night out on Saturday evening, President Barack Obama and first lady Michelle Obama decided to take a stroll when their motorcade arrived back at the White House.” –Associated Press writer Christine Simmons

And then we have…

He Was Hoping to Remake the Whole Universe!: “Obama, on 100th Day, Says He Is ‘Remaking’ America” –Bloomberg ++ “President Obama ‘Humbled’ by Limits of Job” –USA Today

We All Have to Make Sacrifices: “First Lady Michelle Obama Steps Out in Lanvin Sneakers and They’re Only $540!” –Daily News (New York)

Everything Seemingly Is Spinning Out of Control: “Woman Steals Ambulance, Tears Up Grass Doing ‘Donuts’ in Millennium Park” –Chicago Sun-Times

News of the Tautological: “Flushing Government Stimulus Cash Down the Toilet?” –Associated Press

News You Can Use: “Airline Seats to Mexico Easy to Come By” –Associated Press

Bottom Stories of the Day: “Two Men Ordered to Stay Away From Britney Spears” –Reuters

(Thanks to The Wall Street Journal’s James Taranto)

Batting clean up…

Another misdiagnosis: “The Republican Party is in deep trouble. Americans do want to pay taxes for services. Americans are looking for more government in their life, not less.” –former secretary of state Colin Powell

From the Clintonistas: “It’s their best issue that these tea baggers, they turned everybody off. There were a bunch of, like, 75-year-old cranky white guys mad at everything. It just couldn’t have been a better event for the Democratic Party. I hope they come back and tea bag some more. … I think that the Democrats are going to be smart enough to- when this recession is over and it will be over, to jump back on top of the spending issue like President Clinton did back in the ’90s. … Republicans shouldn’t be worried. They should be in agony. They should be throwing up. Republicans had better get a better policy on prescription drugs and quickly they’re going to need a lot more Prozac.” –CNN analyst James Carville

Europeanness envy: “I really hope that every citizen of the United States would imitate the rest of the world because they’re all for Obama. Every other country adores what happened, in our great country, to have him as president. … I love everything he’s done and everything he’s doing. I think we should give him all-out support for anything he wants to do. We should all help. He’s giving our country back to us.” –singer Tony Bennett

“Under Obama’s reasoning, the judge’s job isn’t to interpret the law: the judge should walk a mile in the appellant’s Birkenstocks.” –Human Events editor Jed Babbin

“It seems the Hog Producers have squealed a bit about their product getting a bad name so, according to the NY Times, it will no longer be called the Swine Flu. Henceforth it will be called Influenza A(H1N1). … I have a better idea for a new name. How about Montezuma’s Revenge?” –political analyst Rich Galen

“President Obama’s strongest talent is not his speechifying, which is frankly a bit of a snoozeroo. In Europe, he left ’em wanting less pretty much every time (headline from Britain’s Daily Telegraph: ‘Barack Obama Really Does Go On A Bit’). That uptilted chin combined with the left-right teleprompter neck swivel you can set your watch by makes him look like an emaciated Mussolini umpiring an endless rally of high lobs on Centre Court at Wimbledon. Each to his own, but I don’t think those who routinely hail him as the greatest orator since Socrates actually sit through many of his speeches.” –columnist Mark Steyn

“Segway’s inventor revealed plans to make a hybrid electric car powered by an engine which uses cow manure for fuel, and then use that engine to light Third World homes. Imagine generators that run on manure. Every time President Obama says he doesn’t want to run private industry a third of the planet could be electrocuted by the power surge.” –comedian Argus Hamilton

Jay Leno had to add hit two bits…

Sixty-nine-year-old Supreme Court Justice David Souter said he’s going to retire next month. Why’s he retiring? I mean, he’s a senior citizen. What’s he going to do? He’s going to sit around the house all day in his robe being judgmental, right? He might as well just stay on the job.

As a replacement for Judge Souter, they say President Obama is looking for a woman, and the rumor is Hillary Clinton is on the short list. Yeah. That’s got to be Bill’s worst nightmare, huh? A woman who can rule on the death penalty.

Well, as you know, Supreme Court judge is a job for life. There’s only one other job in Washington that’s a job for life. That’s on the Joe Biden Clarification and Apology Unit. And that’s 24/7. That’s very hectic.

In fact, just a day after saying he wouldn’t go anywhere in confined places like an aircraft or a subway because of the swine flu, Vice President Biden rode a train from Washington to Delaware. You know what that means? Not even Joe Biden listens to Joe Biden.

SOURCE

Senate Vote on D.C. ban a victory?

March 3, 2009

As always, the devil will be in the details. The much hailed Heller verses D.C. Supreme Court ruling was a wolf in sheep’s clothing, as I posted about at the time. The last paragraph of the ruling has opened up more onerous attacks on the Second Amendment than has generally been seen in the past. The latest ruling utterly denied the ex post facto aspects of the non-felony Domestic Violence lifetime gun ban, and now the political shenanigans of Speaker Pelosi will again thwart the Constitutional protections granted to all Americans in the Bill of Rights.

Senate Repeals D.C. Gun Ban By Large Vote
— But the fight in the House is just beginning

Gun Owners of America E-Mail Alert
8001 Forbes Place, Suite 102, Springfield, VA 22151
Phone: 703-321-8585 / FAX: 703-321-8408
http://www.gunowners.org

Monday, March 2, 2009

By a resounding vote of 62 to 36 last week, the U.S. Senate has approved
an amendment, offered by Senator John Ensign of Nevada, to repeal the
D.C. gun ban.

Congratulations!

But the battle is not over.

This week, the House will take up the D.C. voting legislation. And
anti-gun Speaker Nancy Pelosi is angling to impose a “gag
rule” on the
House, so that D.C. gets its unconstitutional representative, while
continuing its draconian anti-gun laws (like microstamping).

So here’s the deal: The House will be asked to consider a
“rule” which
establishes the time for debate and provides for which amendments may be
considered — and which may not.

It is expected that the Pelosi rule will seek to deny the House any vote
on the D.C. gun ban and thereby strip the repeal of the ban from the
House bill.

So what we are asking you to do is to write and/or call your congressman
and demand that he oppose any rule that strips the D.C. gun ban repeal
from the D.C. voting bill.

Just to remind you of how draconian the D.C. gun law is:

* Following the Supreme Court’s decision in Heller declaring the law to
be unconstitutional, D.C. made a few cosmetic changes which will, as a
practical matter, allow it to continue to deny its citizens the right to
keep and bear arms.

* Then, the City Council passed a whole series of new anti-gun measures.
These include a requirement that most guns used for self-defense
“microstamp” fired casings in two places with a “unique
serial number.”

Aside from being ineffectual with respect to stolen guns or crimes where
the brass has not been left behind, this microstamping provision is
intended to make guns so expensive that they won’t be available anywhere
— including your state.

ACTION: Write your Representative and urge him or her in the strongest
terms to oppose any rule which will strip the gun ban repeal from the
D.C. voting bill.

You can go to the Gun Owners Legislative Action Center at
http://www.gunowners.org/activism.htm to send your Representative the
pre-written e-mail message below.

You can also call him or her toll-free at 1-877-762-8762.

—– Prewritten Letter —–

Dear Representative:

This week, when the House takes up the D.C. voting legislation, please
vote against any rule that strips the Senate’s pro-gun language and/or
imposes a “gag rule” on members of the House.

Just to remind you of how virulently anti-gun the D.C. gun law is:
Following the Supreme Court’s decision in Heller declaring the law to be
unconstitutional, D.C. made a few cosmetic changes which will, as a
practical matter, allow it to continue to deny its citizens the right to
keep and bear arms.

But, in addition, the City Council passed a whole series of new anti-gun
measures. These include a requirement that most guns used for
self-defense “microstamp” fired casings in two places with a
“unique
serial number.”

Aside from being ineffectual with respect to stolen guns or crimes where
the brass has not been left behind, this microstamping provision is
intended to make guns so expensive that they won’t be available anywhere
— including my state.

I urge you, in the strongest terms, to oppose any rule that makes it
impossible for you to vote on the D.C. gun ban repeal.

Sincerely,

Cowards of the Court: Mysandry and the Constitution

February 28, 2009

The Supreme Court did in fact fail to address the actual issue this past week regarding the Lautenberg Domestic Violence Law. They approved ex post facto law, and, the taking of rights based upon less than felony behaviors.

Anyone that has the temerity to think that the current make up of the Supreme Court will, in practice and fact defend the Constitution and it’s base principles is quite simply delusional. They are a bunch of politically correct kiss asses.

Since I am more than aware some will view this as a rant against women I need to state unequivocally that I believe that Domestic violence is a very real problem. My problem is with how it is addressed, and dealt with. Men are overwhelmingly brought up on charges of domestic violence more often as compared to women. Further, that when women are charged, the implication in nearly all cases is changed and they are ordered into “parenting classes” or some other such nonsense. Thereby allowing them to continue to be full citizens, as opposed to men convicted for the same crimes. Note please, that I am throughout this op/ed  addressing non-felony domestic violence convictions. When women are in fact charged in the very same situations that men are, probation, and restoration of rights is common. When it is a man? Probation is de facto only an available alternative if the man is a celebrity, or related to powerful individuals. That is called sexism for those that are incapable of rational thought.

The issue of ex post facto law strikes at the very basis of Anglo American jurisprudence. Changing the rules after the game has already been played is immoral. Approving such a thing is also immoral, and that is precisely what our Supreme Court did. Utilitarianism has no place in a republic where people are protected from the tyranny of the majority. At least in theory that is the presumption.

I have no faith whatsoever in the Supreme Court when it comes to protecting the people of our nation. Our alternative then appears to be seeking redress through our locally elected representatives at the state level, and or through the affirmative action by state Governors, as in commuting sentences or the more difficult pardon process.

What then is needed to rectify the situation? Stay tuned folks, because this is getting too long winded as is.

Misandry and the Supreme Court

December 18, 2008

Misandry as expressed by in the various laws passed by people like Patricia Schroeder exhibit the pure hatred that some people have for the Constitution.

One more than significant part of that hatred was the love affair with things like ex post facto law as an inextricable portion of the notorious Lautenberg Domestic Violence Amendment to the Gun Control Act of 1968.

True to form this abomination of Anglo American Law was passed without a vote by sneaking it into a completely different budget vote without any debate.

This is poor law, it was poorly written, then  re-written by regulatory fiat via the rogue agency BATFE. It uses ex post facto penalties. It takes inalienable rights away for less than felony behaviors. It does so for life.


Finally, the Supreme Court is taking up at least part of this assault on common sense and the Constitution. The question however is not one of law, it is one of whether they will bow to political correctness.

READ HERE

This is a long read, and filled with terminology that only Lawyers could love…

Buttered popcorn and Budweiser beer

December 3, 2008

The Supremo’s have decided to take a look at Obama, and his constitutional qualifications as regards becoming the President of the United States. Given the courts propensity to buck real issues I have serious doubts that the Black Crows will do anything substantial.

Yes, on occasion they do actually accomplish something. However, it is most often a half baked attempt. That goes double if it truly is a constitutional issue. The recent D.C. gun control case is a perfect example. It only applies to D.C. while still leaving the door wide open for further oppression by those that know how to take care of all of us better then we ourselves do.

For my part I think that I will sit with a bowl of buttered popcorn and a Budweiser while I watch the show.

Eco-Fascist’s lose

November 14, 2008

The Black Crows got another one correct this past week when the Navy won a case that directly involved American national security. Largely based upon speculation whale activist’s had sued to stop the Navy from doing their job. That being the defense of the United States.

The United States Navy scored a victory this week in the U.S. Supreme Court in a battle against environmentalists and their accomplices in the Ninth Circuit Court. The question was whether the Navy could test sonar systems off the California coast in spite of alleged harm to whales and dolphins. The sonar is essential in detecting new “quiet” submarines deployed by China and North Korea. A district court in California had ruled that the Navy must cease such exercises in order to save the whales, and the Ninth Circuit Court agreed. The Bush administration had countered by exempting the Navy from the federal laws cited in the case, saying that national security trumped the whales. This week, the Supreme Court agreed. “We do not discount the importance of plaintiffs’ ecological, scientific and recreational interests in marine mammals. Those interests, however, are plainly outweighed by the Navy’s need to conduct realistic training exercises,” Chief Justice John Roberts wrote in the majority opinion. “We see no basis for jeopardizing national security.”

Unfortunately, the decision could be rendered moot by the incoming Obama administration, which would likely stop the exercises.


There has to be a reason that Greenpeace stays the hell out of the way of the U.S. Navy…


Washington, D.C. City Council Ignoring Supreme Court Ruling

July 29, 2008
Gun Owners of America E-Mail Alert
8001 Forbes Place, Suite 102, Springfield, VA 22151
Phone: 703-321-8585 / FAX: 703-321-8408
http://www.gunowners.org

Monday, July 28, 2008

In open defiance of the Supreme Court's decision striking down the
Washington D.C. gun control law, the City Council passed an
"emergency" law that keeps in place almost all of the law that was
ruled unconstitutional.

For example, though the Court ruled specifically that the city's ban on
handguns violated the Second Amendment, most handguns still
cannot be registered because D.C. bureaucrats classify
semi-automatic pistols as "machine guns."

Even Dick Heller, who brought the case against Washington's gun
ban, was rejected when he tried to register his handgun because any
"bottom loading" firearm is a "machine gun" 
according to the D.C.
police.

Similarly, while the Court found that "the requirement that any lawful
firearm in the home be disassembled or bound by a "trigger lock" is
unconstitutional, the city kept in place the "lock up your 
safety" law
unless the resident is in immediate danger.

The D.C. Council is thus rendering the Supreme Court victory for gun
rights meaningless, while leaving residents defenseless.

Congress needs to repeal the District's gun control law to ensure that the
Supreme Court decision is not a hollow victory.

According to Article I, Section 8 of the U.S. Constitution, Congress has
the authority and responsibility to govern the District. It can simply
repeal the District's onerous gun law.

Not surprisingly, however, House Speaker Nancy Pelosi (D-CA) has no
intention of allowing the D.C. gun ban repeal legislation to come to the
floor, even though it is cosponsored by more than half of the members
of Congress.

To free the bill from the Speaker's death grip, Representative Mark
Souder (R-IN) has filed a discharge petition to bring the bill directly to
the floor. Rep. Souder needs 218 cosigners for the petition to be
successful. There are currently 109 signers.

There are not many days left in this legislative session, so it is vital that
the discharge petition moves quickly. Please contact your representative
and urge him or her to support the repeal of the D.C. gun ban and to
sign the Souder discharge petition. You can visit the Gun Owners
Legislative Action Center at http://www.gunowners.org/activism.htm to
send your Reps. the pre-written e-mail message below.

----- Pre-written letter -----

Dear Representative,

The Washington, D.C. city council is making a mockery of the recent
Supreme Court decision supporting the individual right to keep and
bear arms.

Though the Court ruled the city's handgun ban unconstitutional, DC is
still making it illegal to own most handguns. The Court also ruled that
the District's gun lock and gun storage law violates the Constitution, but
under the city's new "emergency" gun law, firearms must be kept
inoperable unless there is an immediate danger to residents.

Representative Mark Souder has filed a discharge petition to bring a bill
to repeal the District's gun laws to the floor for a vote.

Please stand up for the Second Amendment and sign the Souder
discharge petition.

Sincerely,

D.C. Refining of Gun Laws–Offensively Stupid

July 21, 2008

Washington D.C. is not into following the law it would appear. At least when it doesn’t suit them is probably a more accurate way to phrase the situation.

Only a few weeks after the U.S. Supreme Court’s ruling in the Heller case, which struck down D.C.’s ban on handguns and allowed having a firearm in operable condition at home, D.C. has passed “emergency” law and new police regulations intended to retain as much of the ban and storage requirement as possible. The law was crafted in consultation with the Brady Campaign, according to the Washington Post.

There are many objectionable features to the new D.C. law and regulations, but two stand out as particularly egregious. Though the Supreme Court ruled that D.C. could not ban handguns, the new rules would still ban all or most semi-automatic pistols. And in spite of the fact that the court ruled that D.C. cannot ban the use of guns for protection in the home, the District still prohibits having a gun loaded and ready unless an attack within your home is imminent or underway.

Without Congress’ intervention, D.C. can violate the intent of the Heller decision indefinitely. That is because under “Home Rule,” D.C.’s emergency bills are not subject to review by Congress, and D.C. can reinstitute “emergency” laws every 90 days. The city’s officials are already thumbing their noses at the Supreme Court.

source

Personally, I would love it if the Supreme Court charged all those involved in these shenanigans with contempt and had them paraded before the Court dressed in those pretty orange jump suits, on television, and had some serious discussions with them.