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'Supreme' stupidity

Avatar by Dr Ransom at 01:37 PM ET , Friday, Jan 20, 2006

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Categories: Politics: History, Legal Eagles, The Left Wing, Get A-CLU!



Scroll down to the last third of this Human Events Online page from Jan. 17 to find their editors' top ten Supreme Court cases that need an immediate shredding. Guess which one is number one:

10. U.S. Term Limits v. Thornton

1995 decision that denied the peoples of the states the right to set term limits on their congressional representatives even though the Constitution is silent on term limits and the 10th Amendment leaves to the states and the people powers that the Constitution does not explicitly give to the federal government or expressly deny to the states.


9. Baker v. Carr

1962 decision that laid the groundwork for the “one man, one vote” standard ending county representation in state legislatures and forcing states, unlike the U.S. Senate, to redistrict based solely on population.


8. Plyer v. Doe

1982 decision that said that the 14th Amendment’s Equal Protection Clause requires state governments to provide public education to illegal aliens.


7. Grutter v. Bollinger

2003 decision that said the University of Michigan Law School could use race as a factor in admissions so it could achieve a “critical mass” of a particular racial group.


6. Wickard v. Filburn

1942 decision that said Congress could regulate a farmer’s growing of wheat for his own use on his own property under the constitutional language that authorizes Congress to regulate commerce “among the several states.”


5. McConnell v. Federal Election Commission

2003 decision that upheld the McCain-Feingold law’s prohibitions on political speech.


4. Berman v. Parker

1954 case that said the District of Columbia could seize a department store and hand it over to a private developer to redevelop a “blighted” neighborhood, even though the department store itself wasn’t “blighted.” Decision set the stage for the 2005 Kelo v. New London decision allowing government to take property other than for direct “public use.”


3. Everson v. Board of Education

1947 decision that said 1st Amendment Establishment Clause erected a “wall of separation” between church and state. Precursor to the 1971 Lemon v. Kurtzman decision that created a three-pronged test for when “wall of separation” was breached and led to cases such as McCreary County v. ACLU of Kentucky, which prohibited the posting of the 10 Commandments in a courthouse.


2. Lawrence v. Texas

2003 decision that declared same-sex sodomy a constitutional right, creating the rationale for the Massachusetts Supreme Judicial Court to declare a right to same-sex marriage.


1. Roe v. Wade

1973 decision that declared abortion-on-demand a constitutional right, overturning the abortion laws of the states, and led to further abominations such as Stenberg v. Carhart, which declared partial birth abortion a constitutional right.


A conservative adherent's parallel utopian universe?

Or a possible future tense after Alito's confirmation and the likely subsequent quitting of liberal justices Ginsburg, Stevens and arguably Souter?



Now it's news

Avatar by Dr Ransom at 04:43 PM ET , Tuesday, Jan 10, 2006

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Categories: Politics: Legal Eagles



Headline from the Drudge Report, just slightly modified to make it actual news:

ALITO: [...] PRESIDENT [IS] ABOVE THE LAW.



But, but ...

Avatar by Dr Ransom at 07:55 PM ET , Thursday, Jan 05, 2006

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Categories: Politics: Legal Eagles, Deep Doctrine Magic: Life Applications




The Washington Post reports on the state of private-becomes-public affairs in Maryland.

Acquitting a Germantown man who exposed his buttocks during an argument with a neighbor, a Montgomery County Circuit Court judge ruled yesterday that mooning, while distasteful, is not illegal in Maryland.

Part of the judge’s rationale?

“If exposure of half of the buttock constituted indecent exposure, any woman wearing a thong at the beach at Ocean City would be guilty.”

And that’s ... bad?



Yeah, that'll work

Avatar by Dr Ransom at 05:34 PM ET , Wednesday, Nov 02, 2005

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Categories: Politics: Legal Eagles, The Left Wing



MoveOn.org's recent email newsletter subject line:

Wow! 350K against Alito — can we reach half a million?

Wow! indeed! 350,000 dollars?

Wow! No.

Yesterday more than 350,000 Americans signed the petition to stop Alito. Now we're shooting for half million signatures by tomorrow, so we can publish the total in the newspaper that Congress reads. Can you help us get there?

[. . .]

Oh. Sorry. It’s not money they’re collecting, only names.

So today we're aiming to boost the total to half a million signatures, and do it by tomorrow. If we can get there, we'll run an ad in Roll Call, the newspaper that Congress reads, to show them the new total.

(Emphases in original.)

Quake in fear, senators. The MoveOn.Orcs are going to ... publish an ad.



Another Rove-ing conspiracy?

Avatar by DaveLoneRanger at 09:03 AM ET , Tuesday, Nov 01, 2005

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Categories: Politics: Legal Eagles



Guest item by DaveLoneRanger

The choice of Miers seemed like it was off-kilter from the get-go. Bush was not in the dark about how rank conservatives would feel about Harriet Miers. Therefore, this (and the propensity to trust the President) make me wonder. What if the Miers nomination was a ploy? Let's assume it was, and think about how it would have gone down.

After a huge fight over Roberts (and the fact that he got through), the Democrats would have their weapons loaded, cocked, safety off, prepared to shoot down ANY nominee that the President puts forth, to prove how manly and brave they are. Lo and behold, Bush puts forth someone that they appear not to mind too much, but whom conservatives are not happy about. Democrats have their small heydays digging up info on her. Conservatives begin protesting the choice, insisting that they need a fight for true conservative principles.

Miers is in close with the President, so she could easily agree to time a resignation from the nomination. The result would be, Democrats wasted some of their ammo by firing on instinct (the old west “hat on a stick” trick), and will now have to reload. Conservatives are all fired up, demanding a true conservative. Then, whammo. President Bush rapidly (almost as if it were already decided...) puts Alito in place. The conservative fire is still burning, the conservatives, still on their feet in anger, now applaud and prepare for the fight. Democrats are aghast, and continue reloading for the fight.

So, I know this sounds like a conspiracy theory, but doesn't it make sense that the whole thing was planned, all along? Democrats are left empty and void; conservatives are left fired up and ready for action. Good results all around.



Figurative literal 'foam'

Avatar by Dr Ransom at 08:29 AM ET , Tuesday, Nov 01, 2005

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Categories: Media, Politics: Legal Eagles



From philosophy professor/blogger Keith Burgess-Jackson — I'm unsure why yesterday's Best of the Web Today didn't pick up on a lesser “angle,” though. They're usually quite good at spotting abuses of a certain literal term that is far too often used figuratively:

I fired up the plasma television and turned to the Fox News Channel for news of the nomination. There on the screen was Bob Beckel, foaming at the mouth (literally), railing against Judge Alito.


Now was this man really literally “foaming at the mouth,” to coin the phrase, or was he just really especially angry?



4 p.m.: Cheney tries audio therapy

Avatar by Dr Ransom at 04:05 PM ET , Monday, Oct 03, 2005

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Categories: Politics: Legal Eagles



For some time now, Rush Limbaugh has had the transcript from his 1 p.m. EDT interview with Vice President Cheney on the website. Rush spared no tough questions. A few relevant excerpts from Cheney:
I'm confident that she has a conservative judicial philosophy that you'd be comfortable with, Rush.


“Comfortable” ... all right. Perhaps instead of being merely “comfortable,” many conservatives would rather be thrilled to the point of joyous tears upon hearing this choice, but obviously that won't happen often with this administration. Yet has it ever really happened before? The right wing does have a tendency to lionize the past.

I would take exception with the notion that somehow this was an effort to appease the left. That's not been George Bush's stock-in-trade. I've sat side by side with him now for nearly five years and seen him take on and fight some very tough fights.


Perhaps those fights have been regarding the War on Terror and tax cuts. Otherwise, in terms of moral issues, reigning in spending or even moderately undermining the assumption that government's “compassionate” is frequently the answer to societal ills, Bush has done little to fight hard.

You'll be proud of Harriet's record, Rush. Trust me.


New Chief Justice Roberts' record remains to be seen — it'll be interesting to read his first opinion(s). Perhaps Bush does have a plan, and will see that all things work together for good to those who've voted for him because they yet hold the belief that he's conservative and unafraid to put up with political pillaging.

Yet as mentioned before, it's hard enough to trust our Creator; much less a flawed, fallible man, even though he is the president.



Former Democrat ...

Avatar by Dr Ransom at 11:26 AM ET , Monday, Oct 03, 2005

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Categories: Politics: Legal Eagles



The AP catches up to the Freepers:

Supreme Court nominee Harriet Miers gave $1,000 to Democrat Al Gore's unsuccessful presidential bid in 1988 — and 12 years later contributed to the effort to end Gore's chance of winning the White House.



Well, Reagan was once a Democrat also. Yet recent converts to conservatism always bear watching in case their beliefs regarding some issues aren't as deeply held — such as Bush himself, actually.





Stealth

Avatar by Dr Ransom at 11:03 AM ET , Monday, Oct 03, 2005

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Categories: Politics: Legal Eagles



MSNBC runs down some conservatives' comments:

Is Miers a “safe” choice? Perhaps, in the sense that her record, at least at first glance, does not give the Democrats a clear ideological target. Her views on abortion, gay rights and the death penalty may not be deeply held and, for now, remain unknown.

And even stalwart liberal Democratic senators have remarked over the past few months that they like and respect Miers, but they usually voiced their praise in terms of how quickly she returned their phone calls.



Whoop-de-doo.

Somehow I discern Senate Democrats will quickly get over their love for this woman merely because of her communication skills (again, also evident from her White House website interactions).



Oct. 3, 2005: Harriet Meirs

Avatar by Dr Ransom at 09:37 AM ET , Monday, Oct 03, 2005

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Categories: Politics: Legal Eagles



All right. It turns out this morning's nominee is at least quite a campaigner, as evidenced from a pre-Election Day question/answer session on the White House website.

The President responded swiftly to the attacks on September 11th. He has our country on the offensive against terrorism. American is waging a global war on terrorism with the help of many friends and allies from around the globe. The President believed it important to confront regimes that harbored or supported terrorists as well as the terrorists. And he is also confronting outlaw regimes that pursue weapons of mass destruction, and he is committed to ensuring that the terrorists do not obtain the world’s most dangerous weapons. At the same time, the President led in the creation of the Homeland Security Department and strengthening our defenses here at home. Although I am sure the President would be the first to say more needs to be done, we are a safer Nation today than we were four years ago.



Other topics covered include the No Child Left Behind Act, oil drilling in Arctic National Wildlife Refuge, economic growth and job creation, care for the elderly and veterans, and whether the actual Camp David was used as a set for some TV show:

Sam

[. . .]

I hope this doesn't disappoint you too much, but I understand that the real Camp David was not used to film episodes of the West Wing. Camp David is a beautiful, serene place. It provides a perfect backdrop for the President to meet with and entertain foreign and other visitors. It is a real asset for the United States Government.



That's right.

Overall, Ms. Meirs seems a very down-to-earth person, as demonstrated from these comments in truly polished “organized” chat-room style:

Alba — Hello to a fellow Texan!

[. . .]

I hope you agree! And I hope I have answered your question. Thanks for writing!

[. . .]

Bob, thanks for the kudos.

[. . .]

Hi Andrea.

[. . .]

And a Happy Halloween to you too. You should check out our Halloween page

[. . .]

I appreciate all of those who wrote in today and you for being with us also. Hearing from Americans across the country is inspiring and interesting. I hope everyone has a great weekend.....and don't forget to reset your clocks Saturday night. Harriet



Perhaps it is time to establish a Supreme Court blog, and let this woman write it.

Meanwhile, no questions or reactions from her regarding social issues, her judicial philosophy, positions on abortion, euthanasia and of course Separation Anxiety. Yet for all you Borderline People, she did answer a question about border security, sort of:

Eric — You ask a timely question about our borders because the President recently signed an appropriations bill to fund the Department of Homeland Security, which includes more money to protect our borders. Since taking office, the President has tripled funding for homeland security.

With respect to securing our borders, it's important to take a step back and see how far we've come since September 11. Three years ago, there were inspectors from three different Federal agencies at our ports of entry. Today, the Department of Homeland Security's Customs and Border Protection (CBP) consolidates all port inspection activities into a single workforce to create “one face at the border.” The Border Patrol is also part of CBP. More than 18,000 CBP Officers, 1,400 CBP Agriculture Specialists, and 11,000 Border Patrol Agents now guard our Nation's borders.

Another initiative that is doing a great job to protect our borders is the US- VISIT program. The US-VISIT entry-exit system uses biometric technology to help ensure that our borders remain open to legitimate travelers but closed to terrorists. US-VISIT was launched at 116 airports and 16 seaports across the country, and the program is expanding to land ports of entry. This program has been very successful, processing more than 8.5 million travelers since January.

You can learn more about these initiatives on our Website at this link: http://www.whitehouse.gov/homeland/



Well, clearly an interesting personality, anyway, if she had little help writing these responses and interacting with the public via internet. Might she be similarly interesting in her responses to really, really original questions from Senate Democrats such as “Ms. Meirs, you really do hate black people, don't you?”?



Oct. 3, 2005: Courting liberals again?

Avatar by Dr Ransom at 09:18 AM ET , Monday, Oct 03, 2005

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Categories: Politics: Legal Eagles



Here we go again — at this point it sounds like another merely so-so Supreme Court nomination.

A senior administration official said the name of Miers came up in consultations with both Republican and Democratic senators as someone who could win bipartisan support.


And the reason Bush need to appease the minority party happy is what again?



The High Court's high probabilities

Avatar by Dr Ransom at 08:12 AM ET , Saturday, Oct 01, 2005

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Categories: Politics: Legal Eagles, Science: Future Tech



Wired News's Bruce Schneier had a few complaints about John Roberts' confirmation hearings, and it has little to do with abortion or gay rights or any of that:
[i]...[/i] There weren't enough discussions about science fiction. Technologies that are science fiction today will become constitutional questions before Roberts retires from the bench. The same goes for technologies that cannot even be conceived of now. And many of these questions involve privacy.

[. . .]

Recent advances in technology have already had profound privacy implications, and there's every reason to believe that this trend will continue into the foreseeable future. Roberts is 50 years old. If confirmed, he could be chief justice for the next 30 years.

[. . .]

Advances in genetic mapping continue, and someday it will be easy, cheap and detailed — and will be able to be performed without the subject's knowledge. What privacy protections do people have for their genetic map, given that they leave copies of their genome in every dead skin cell that they leave behind? What protections do people have against government actions based on this data? Against private actions?

Should a customer's genetics be considered when granting a mortgage, or determining its interest rate?

[. . .]

New technologies will be able to peer through walls, under clothing, beneath skin, perhaps even into the activity of the brain.


One can find other reasons for restricting these problems, even proactively, rather than invoking a mystic “right to privacy” as Roberts has done.

Yet Schneier also points out that Roberts once referred to “the so-called right to privacy.” That doesn't seem to be the new Chief Justice's opinion now.

(My guess is that Roberts has long since “moderated” his stance, and Bush does seem to be supporting “moderate” conservatives far too often and the results are often disgusting, as Ann Coulter points out this week.)

But why should the Supreme Court take up these issues now when it's Congress's job to make the laws. Why put so much faith in the Supreme Court?

Mark Levin in Men in Black describes it this way: so much of Congress is so public, its flaws so obvious, that perhaps too many people naturally put too much faith in a lesser-public entity such as the Supreme Court, where shouting matches and political moves, if any, are either never found out or discovered many years later. ...

Yet if people are concerned about having their thoughts read in public by some future technology — and they will be — members of Congress will scramble to act. No need to beg for help from the Court.



Sept. 14, 2005

Avatar by Dr Ransom at 04:45 PM ET , Wednesday, Sep 14, 2005

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Categories: Politics: Legal Eagles, The Left Wing, Rebuttals, Deep Doctrine Magic: Cross Firings



In continuing action on everyone's favorite answer-and-question show, Sen. Dianne Feinstein (D-Calif.) begins a discussion on separation-of-church-and-state issues yesterday afternoon's Senate Judiciary Committee confirmation hearings. Feinstein gives the answers; Supreme Court nominee John Roberts provides the questions:




Sept. 13, 2005

Avatar by Dr Ransom at 04:40 PM ET , Tuesday, Sep 13, 2005

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Categories: Politics: Legal Eagles



In ongoing John Roberts confirmation hearing action, Democrats are finally beginning to put on a much better show, specifically Sen. Joe Biden, D-Del, who wants Roberts to answer the abortion question so they can determine how much more to oppose him.

Indeed, according to the oft-cited Ginsburg Rule, Roberts does not have to put up with this. Yet it would be nice to have a nominee whose views on the topic are not nearly so vague, as Ann Coulter has frequently pointed out.

Meanwhile, I still remain frustrated that this Unknown gets cast as Supreme Court Chief Justice instead of already-existing stars such as Thomas or Scalia. Well, perhaps neither of them wanted to accept the position; as was noted about the late Rehnquist, it seems the Chief is needed to ensure everybody gets along well enough to survive. ...