Archive for the ‘Supreme Court’ Category

LinkSwarm for April 14, 2014

Monday, April 14th, 2014

Time for another LinkSwarm:

  • By the standards of signing up the previously uninsured, “Obamacare may be headed for an epic failure.”
  • Health and Human Services secretary Kathleen Sebelius resigns, leaving behind a legacy of incompetence and deception. “Rarely has any single public official done more to undermine the public’s confidence in the ability of government to function than Kathleen Sebelius.”
  • This just in: People still think ObamaCare sucks the farts out of dead wildebeests.
  • “Democrats face this reality: [ObamaCare]’s a political loser, and there’s no easy fix.”
  • New Jersey children lose health insurance thanks to ObamaCare.
  • The real reason for the Bundy Ranch standoff: Harry Reid’s son is in the pay of a Chinese solar power company that wants the land.
  • How Harry Reid’s insider trading and crony deals have made him a wealthy man.
  • Speaking of Harry Reid (via Iowahawk’s Twitter feed):

  • It turns out that the Overland Park Jewish Center shooter shared two fraternal organizations with late Sen. Robert Byrd.
  • Left out of all the left-wing Cesar Chavez hagiography: “Chavez had a very strong dislike for illegal immigrants.”
  • Indeed, we can best honor Cesar Chavez by making his birthday National Border Controls Day.
  • Backers of illegal alien amnesty may think it’s now or never.
  • It must have been a sad day for John Edwards, being barred from his sugar momma’s funeral.
  • Jay Carney is so use to lying, he can’t even resist PhotoShopping his own house. Badly. (Or maybe The Washingtonian is simply desperate to glamorize all Democrats profiled they won’t let little things like “competence” stand in the way…)
  • Is it just me, or did Hillary Clinton choose a singularly unflattering outfit for ducking shoes in?
  • The ideological slap-fight between radical lesbian feminists and tranny activists. “But all crazies are not created equal and, as crazy as the radical man-hating lesbians may be, they at least have valid science on their side in saying that ‘female’ is a biological category — genetically determined, rather than being a ‘social construct.’”
  • Vermonters just aren’t sure they want eyeball-bleeding tax rates just to satisfy the left-wing fantasy of single-payer health care.
  • France’s ruling socialists get their collective (ha!) asses kicked in municipal elections.
  • Property prices collapse in China. (Hat tip: Ann Althouse.)
  • Puerto Rico: 1.2 million workers, $70 billion in debt.
  • DC Power couple divorcing. Hilarity to ensue for, oh, probably a year or so.
  • Cowardly Brandeis University withdraws planned honorary degree for Ayaan Hirsi Ali.
  • Who is killing the bankers of Europe?
  • Ex-Supreme Court Justice John Paul Stevens wants to “fix” the Second Amendment so its easier to disarm citizens.
  • Alec Baldwin forgets yet again that Twitter is not his friend.
  • Round Rock incumbent City Councilman Carlos Salinas appears to be benefiting from his position in a way that violates both city and state codes. How nice to pass a city-funded, interest-free loan for a building to a crony, then lease the same building back at below-market rates…
  • Well, this is disturbing: Kobe Bryant dispensing actual wisdom: “If we’ve progressed as a society, then you don’t jump to somebody’s defense just because they’re African-American. You sit and you listen to the facts just like you would in any other situation, right?” (From a New Yorker piece behind a paywall.) And naturally a firestorm erupted…
  • Speaking of the NBA: How two brothers owning a failing ABA franchise managed to earn a cool$1 billion from the NBA. The advantages of foresight,,,
  • PAX coming to San Antonio in 2014.
  • And remember that your taxes are due tomorrow…

    Guns/Crime Roundup for January 30, 2014

    Thursday, January 30th, 2014

    Time for another roundup of gun news, with a nice savory side-dish of criminal stupidity:

  • Dick Metcalf is like a guy who converted to Islam, then wonders why he can’t be a Catholic bishop anymore.
  • Could Abramski vs. United States strike down the ATF’s “straw purchase” regulations? Even so, unlike the poster, I don’t think this will mean “the gun-grabber’s drive for universal background checks is over as a constitutional matter,” since the gun grabbers will never give up on trying to disarm the law-abiding…
  • 12-year Oklahoma girl shoots home invader. She and her family are the sort of people Piers Morgan wants to disarm.
  • Sprouts decides that they don’t want law-abiding gun owners to shop there.
  • Florida lawmakers attempt to get the state to ban cooperation with Obama’s gun-grabbing agenda. Since it cites the Tenth Amendment, it’s not quite South Carolina’s 1832 Ordinance of Nullification… (Hat tip: Alphecca.)
  • Illinois wants to disarm those on medical marijuana.
  • Here’s a ProTip for another criminal supergenius: If you’re a registered sex offender, don’t film yourself firing guns.
  • Nicholas Johnson’s Negroes and the Gun: The Black Tradition of Arms is now out.
  • Naked and masturbating in the middle of an intersection is no way to go through life, son. (Hate tip: Ace.)
  • District Judge Strikes Down ObamaCare’s Contraceptive Mandate

    Tuesday, December 17th, 2013

    U.S. District Judge Brian Cogan struck down the ObamaCare contraceptive mandate. If you read the actual decision, it’s a smackdown of both the mandate itself and the Obama Administration’s position on same;

    As for the self-certification requirement, the Court rejects the Government’s position that plaintiffs may be compelled to perform affirmative acts precluded by their religion if a court deems those acts merely “de minimis.” This argument – which essentially reduces to the claim that completing the self-certification places no burden on plaintiffs’ religion because “it’s just a form” – finds no support in the case law. As discussed, where a law places substantial pressure on a plaintiff to perform affirmative acts contrary to his religion, the Supreme Court has found a substantial burden without analyzing whether those acts are de minimis.”

    Cogan ruled against some of the plantiff’s arguments on other technical issues, but on the central issues of the case he ruled “the Mandate burdens plaintiffs’ religion by coercing them into authorizing third parties to provide this coverage through the self-certification requirement, an act forbidden by plaintiffs’ religion.”

    On his Facebook page, Ted Cruz hailed the ruling as a “Major victory for religious liberty.”

    Gabriel Malor of Ace of Spades has analyzed the ruling in more detail.

    Cogan’s ruling deals specifically with religious non-profits covered by the Religious Freedom Restoration Act, and as such does not directly affect the Hobby Lobby case the Supreme Court will be taking up (“none of these cases bear directly on the issue at hand”). However, his overall reasoning, if applied to that case, could very well lead to ruling that the contraceptive mandate is an unconstitutional burden on freedom of religious conscious as well.

    Remember, the fervor with which Nancy Pelosi refused to remove the contraceptive mandate and taxpayer-funded abortion from ObamaCare, even when it cost most of Bart Stupak ostensibly “pro-life” Democrats their seats, indicated that liberals regarded those sections as one of act’s most important features. If Cogan’s ruling is upheld, this is not only a major victory for religious liberty, but also a huge blow to ongoing Democratic attempts to marginalize religion in American life.

    Also remember that ObamaCare has no severability clause. If Judge Cogan’s ruling is upheld, there’s still a chance (though by no means a guarantee) that the rest of the act can be found unconstitutional as well.

    Blogroll Addition: Legal Insurrection

    Thursday, August 29th, 2013

    I’ll be wearing my science fiction hat a lot this week, so expect light posting through Labor Day (and maybe a little beyond).

    So instead of Actual Content, I’m going to highlight some new additions to the Blogroll.

    First up: Legal Insurrection (or Le·gal In·sur·rec·tion, to use the full, “Hell no I’m not going to type that every time” name), which I’ve linked the occasional tidbit from forever, but only just added to the blogroll. Run by Cornell Law Professor William A. Jacobson, Legal Insurrection covers a wide variety of political topics, legal and otherwise. And he was kind enough to add a link to my post on the #SolidarityIsForWhiteWomen tag to his own post.

    He posts frequently on interesting topics, so go over and take a look when you get a chance.

    Today’s Super-Genius Liberal Tweet

    Thursday, July 25th, 2013

    Today’s super-genius liberal tweet comes to you from a Kate White-Hancock, AKA @lsalander13, who asks:

    “@TPM Question: Where Was FOX News When Clarence Thomas Said FILTHY Perverse PORNOGRAPHIC Unwanted Things To Anita Hill AT WORK??”

    Ignoring the red herring nature of trying to change the subject from Anthony Weiner, and the fact that none of Anita Hill’s allegations were ever proven, I think one reason Fox News may not have covered that was that Thomas’ confirmation hearings occurred 1991, and Fox News Channel wasn’t founded until 1996

    Supreme Court Voting Rights Act Decision Texas Fallout

    Wednesday, June 26th, 2013

    We’re already seeing some fallout from the Supreme Court’s Shelby County vs. Holder decision (the complete text of which is now online).

    According to Texas Attorney General Greg Abbott, the Voter ID law will take effect immediately.

    “With today’s decision, the State’s voter ID law will take effect immediately. Redistricting maps passed by the Legislature may also take effect without approval from the federal government.”

    What remains unclear is whether the State of Texas can declare the 2011 redistricting maps valid without further court challenge. There’s currently a bill before Gov. Perry to confirm the 2012 interim maps as the official maps. However, that passed the Texas House and Senate before the Supreme Court ruling. Perry may well decide to veto the measure in order to go with the 2011 maps, which would be more favorable to Republicans.

    Supreme Court Limits Preclearance Provision of Voting Rights Act

    Tuesday, June 25th, 2013

    The Supreme Court today limited use of the “preclearence” requirements of the Voting Rights Act of 1965.

    Hopefully I’ll have more details when the actual text of the decision is up later today.

    I also wonder if Texas might re-institute the 2011 redistricting map, which was struck down by the San Antonio district court largely on the ground the Supreme Court just invalidated.

    SCOTUSblog has more.

    LinkSwarm for June 18, 2013

    Tuesday, June 18th, 2013

    Too much going on, so here’s a LinkSwarm to start your day:

  • Why the IRS scandal is worse than the others.
  • Snowden: Obama made all NSA abuses worse. Well, making things worse is Obama’s magic touch…
  • The NSA confirms it can listen to domestic phone calls without a court order. Or so Rep. Jerrold Nadler (D-NY) said a few days ago, but now he’s trying to walk his statement back.
  • Even Al Gore is shocked at the NSA’s sweeping domestic surveillance. Hey Al: That’s just what happens when you have no controlling legal authority.
  • Don’t tell the liberals, but conservatives actually won the Arizona voting rights case.
  • Erdogan cracks down in Turkey. (Hat tip: Claire Berlinski’s Twitter feed.)
  • Q: What do Democrats call illegal aliens who have beaten women and children? A: Evidently future Democratic voters, since they refuse to amend the Gang of 8 illegal alien amnesty bill to exclude them.
  • A rundown on Texas gun laws signed into law from the most recent session. (Previously.)
  • Democratic Rep. John Larson (D–Con) whines that it’s so very, very unfair that ObamaCare applies to congress. Hold on, Rep. Larson. When I can get some time on a scanning-tunneling microscope, I’ll see if I can find an appropriately sized violin.
  • Maureen Dowd slams Obama some more: “When the man who polled where to take his summer vacation and whether to tell the truth about his affair with Monica Lewinsky tells you you’re a captive of polls, you’d better listen up.” Bonus: Description of the NSA program as “No Call Left Behind.”
  • A new crime control initiative in Houston: arm the law-abiding. More on the Armed Citizen Project here.
  • Second Amendment activists gather twice the necessary number for signatures to force a recall election for Colorado Senate President John Morse.
  • Animal Rights activists get Obama Administration to end testing on chimps. So much for liberals being part of the “science-based community.”
  • SooperMexican makes brutal fun of the SNAP Challenge. (If you’ve never heard of the SNAP challenge, it’s another variant on the “Any time conservatives cut a dime of government funding, 10 million children starve!” argument.)
  • Scientists invent a robotic cat. Evidently it has the “massive indifference to your presence” and “not coming when you call it” parts of a cat’s personality down pat…
  • Ted Cruz Sides with the Dissent in Maryland vs. King

    Tuesday, June 4th, 2013

    Ted Cruz sides with the dissent in the recently decided Maryland vs. King DNA gathering case:

    All of us should be alarmed by this significant step towards government as Big Brother. The excessive concentration of power in government is always inimical to liberty, and a national database of our DNA cannot be reconciled with the Fourth Amendment.

    Accumulating DNA from arrestees—without warrant or probable cause to seize the DNA—is not designed to solve the crime for which the person has (rightly or wrongly) been arrested. Rather, it’s to test the DNA against a national database to potentially implicate them in other unsolved crimes. But the Constitution requires particularized suspicion of a specific crime; indeed, the Fourth Amendment was adopted to prohibit the British practice of “general warrants” targeting individuals absent specific evidence of wrongdoing.

    The Actual Text of the Maryland vs. King Decision

    Tuesday, June 4th, 2013

    Actual text of the Supreme Court’s Maryland vs. King “police can take DNA samples” decision can be found here in PDF form. Still haven’t read it yet.