Archive for the ‘Supreme Court’ Category
Monday, July 9th, 2018
In advance of President Donald Trump announcing his nominee to the Supreme Court to replace retiring justice Anthony Kennedy tonight, here are a few links of interest on the subject:
The Volokh Conspiracy’s Jonathan Adler looks at President Trump’s reported finalists:
According to press reports, rollout packages have been prepared for four potential nominees, all of whom sit as judges on U.S. Courts of Appeals: Brett Kavanaugh (D.C. Circuit), Raymond Kethledge (6th Circuit), Amy Coney Barrett (7th Circuit), and Thomas Hardiman (3rd Circuit). All four potential nominees are on Trump’s list of 25 potential SCOTUS nominees, and all four are highly qualified jurists of the sort the President said he would appoint.
Jim Geraghty is hoping for Amy Comey Barrett, just to watch the left-wing anti-Catholic freakout:
The way Senate Democrats treated Barrett last autumn — in particular, Senator Dianne Feinstein’s argument that Barrett was simply too religious and too devoutly Catholic to serve on the bench, declaring, “the dogma lives loudly within you,” revealed an argument this country needs to have: whether the country accepts deeply religious people in positions of legal authority.
(It’s kind of amazing that a country that has freedom of religion, that was founded in part by Pilgrims, was a beacon for those seeking religious freedom for generations, and that has had George Washington, John Adams, Dwight Eisenhower, John Kennedy, Jimmy Carter, Ronald Reagan, and George W. Bush as presidents would even need to have this debate. But it is illustrative of how different the modern Left is from previous generations.)
Yes, there are plenty of progressive and Democratic Catholics in this country. But I don’t think you have to look too hard to find progressives who believe, more or less, that devout Catholics — perhaps devout Christians of any stripe — simply can’t be trusted to rule on the law and should be prevented from serving in the judiciary whenever possible. A Catholic judge can insist, loudly and often, that they believe their role as a judge is to rule on the law and the Constitution alone, and that while their faith no doubt shapes their values and their worldview — as much as any religion, philosophy, or atheism shapes the values and worldview of any other judge — and some progressives will insist it’s all a ruse. Some are determined to see any religiously active Christians as theocrats in black robes. (As this 2007 cartoon demonstrates, the arguments are sometimes not that subtle at all; merely an affiliation with a Catholic faith makes you an agent of the Pope.)
You know that if Barrett is the nominee, someone on the Left will make an openly sexist criticism. You know her seven children will be discussed in depth. You know that someone will inevitably make an argument that amounts to, “Look, if we’re going to allow Catholics to be judges, they at least have to be lapsed Catholics.”
Why do some progressives see Catholics and/or Christians as aspiring dictators from the bench, eager to toss away any established rights, established traditions, and impose an oppressive doctrine on the entire country and stifle dissent and differing points of view?
Because that’s how some progressives see the role of the judiciary.
Contrasting Amy Comey Barrett with Ruth Bader Ginsburg.
Democratic Senator Dick Durbin of Illinois thinks other Democratic senators should be just fine and dandy with losing their own senate seats in order to defeat President trump’s Supreme Court pick, whoever it is. I wonder what that would accomplish, given that President Trump could just resubmit them to a more Republican senate for approval come January…
Via Adler comes news that there’s a FantasySCOTUS page where people can vote for their preferred pick. Barrett is leading there.
“Sen. Kirsten Gillibrand (D., N.Y.) said Thursday the upcoming fight over President Donald Trump’s Supreme Court nominee was about whether the country would ‘criminalize women.'” OK, you caught us! At our Secret Patriarchal Oppressor Tribunals (SPOT), we often opine “Hey, what if we just threw everyone with two X chromosomes into prison! That would solve all our problems!” Good times, good times…
Tags:Amy Coney Barrett, Brett Kavanaugh, Catholics, Dick Durbin, Jim Geraghty, Jonathan Adler, Kirsten Gillibrand, Raymond Kethledge, Supreme Court, Thomas Hardiman, War on Catholics
Posted in Democrats, Supreme Court | No Comments »
Friday, June 29th, 2018
Half the year gone! And so far, those of you who declared “Surely Democrats can’t keep up this level of lunacy” are losing your bets…
How Democrats’ said lunacy will backfire on them:
Democrats should also understand that these public tantrums and other slights are simply bad politics. Voters don’t respond well to angry chanting losers harassing people, or to vulgar celebrities, or to threats verging on intimidation and violence. There is nothing inspirational about it, and it makes the targets of the anger look that much more reasonable. If Democrats think this crazed behavior will generate a “blue wave” in November, they are mistaken.
Why Democrats are freaking out over Justice Anthony Kennedy’s retirement:
How did we get here? Two tracks converged to deliver us this dysfunction. The first is narrowly political. The Democrats, confident that they were on the right side of history, thought there was no harm in accelerating the rush to total victory. For years, Democrats practiced the rule that all is fair in judicial-confirmation battles, starting with the war on Judge Robert Bork in 1987. Then, under the leadership of Barack Obama and then–Senate majority leader Harry Reid, they did away with the filibuster on judicial appointments short of the Supreme Court, opening the door for Republicans to nudge it slightly more wide open.
The second track is longer. Starting over a century ago, progressives began emphasizing ends over means. If the Supreme Court could deliver wins unattainable at the ballot box and unsupported by the Constitution, so be it. Thus was born the “living Constitution” — the doctrine that holds that the magical parchment should mean whatever progressives need it to mean at any moment. This was how Anthony Kennedy became an (apparently temporary) gay-rights hero. After consulting his feelings, he found a constitutional right no one had found in the text before.
This idea that the Supreme Court is there to serve as a Praetorian Guard around progressive policies was on full display this week. Prior to Kennedy’s retirement announcement, the court issued a 5–4 ruling in Janus v. AFSCME, which held that public-sector unions can’t compel nonunion members to pay fees for union representation, thus violating the First Amendment.
Justice Elena Kagan caustically disagreed. For her, the problem with the decision was that “public employee unions will lose a secure source of financial support.”
“The First Amendment was meant for better things,” Kagan concluded in her dissent. “It was meant not to undermine but to protect democratic governance — including over the role of public-sector unions.”
In short: The Supreme Court isn’t there to protect the meaning of the First Amendment; the Supreme Court is there to protect a secure source of financial support for public-sector unions. If the First Amendment gets in the way, that’s okay.
The panic unfolding across the progressive landscape stems from the creeping fear that the Supreme Court might start doing its job — and not the job progressives have assigned it.
Hugh Hewett: “Turns out ‘But Gorsuch’ was a good argument after all.”
What will the #NeverTrump coalition in the Beltway (with an annex in New York) say now?
For a while, before tax cuts and regulatory reform boosted the economy, before defense spending increased, before Jerusalem was recognized as Israel’s capital, and before a “maximum pressure” campaign led to a detente with North Korea, #NeverTrumpers were fond of mockingly summarizing Trump supporters’ arguments as “But Gorsuch.”
This bit of childish taunting always struck me as an unknowing admission of ignorance about the role assumed by the Supreme Court in modern American governance. Even when 21 appeals court judges took their seats — orchestrated by Senate Majority Leader Mitch McConnell and his Republican colleagues — still the one-note pundits played on, only louder: President Trump was so awful and evil, and conservatives who supported him had done so for one lousy seat on the Supreme Court.
The implication from all the noise and a thousands posts was that “Gorsuch” wasn’t worth it. Now, after Justice Neil M. Gorsuch’s first year on the court, it will be impossible to overstate what his confirmation has meant.
Anthony Kennedy as moderate conservative pragmatist:
While Justice Kennedy was usually a moderate conservative, there were areas of the law in which Justice Kennedy was not particularly moderate and others in which he was not particularly conservative. Particularly in areas touching on the freedom of speech and personal liberty, Justice Kennedy would swing for the fences. Justice Kennedy was easily the most speech-protective Justice on what was a quite speech-protective Court. Whether the speech at issue concerned political campaigns or product pricing, “offensive” messages or dishonest claims about military service, Justice Kennedy believed in uncompromising First Amendment protection. By some accounts it was Justice Kennedy who pushed the Court (and a reluctant Chief Justice) to invalidate the McCain-Feingold campaign finance law, and this would be entirely consistent with what we saw in his First Amendment opinions.
Speech was not the only freedom that mattered to Justice Kennedy. He had a deep concern for Due Process, as shown in his embrace of habeas rights for alleged enemy combatants, his concerns about the application of capital punishment to some classes of criminal defendants, and his embrace of constitutional limits on punitive damages. He also, perhaps most famously, believed that due regard for individual liberty barred the government from adopting laws prohibiting or disregarding same-sex relationships, as in Lawrence, Romer, Windsor, and Obergefell. In these areas, there was nothing modest, moderate, or minimalist about Justice Kennedy’s views or the doctrinal rules he would embrace.
Given the makeup of the Roberts Court, as went Justice Kennedy, so went the Court. Where Kennedy was a moderate conservative favoring a minimalist approach, the Roberts court would tend to adopt a moderate conservative opinion. Where Justice Kennedy favored a more muscular approach, on the other hand, there were almost always at least four votes to go along. (NFIB v. Sebelius being a notable exception.) If Justice Kennedy wanted to recognize same-sex marriage or preclude the use of the death penalty for those convicted of non-lethal crimes, the liberals would agree. If Justice Kennedy wanted to protect campaign-related or commercial speech, the conservatives were there. so the Roberts Court was generally as conservative and as moderate as Justice Kennedy wanted to be.
(Hat tip: The Other McCain.)
Kurt Schlichter on the insanity gripping the Democratic Party:
There’s no sign of sanity. This week they turned the hate up to “11,” then cranked it to “17.” There are not many places to go once you reach “You are real live Nazis murdering children by not letting aspiring Democrat voters flow into the country at will!” At some point, instead of a few wild-eyed randos with crummy aim trying to off libs’ political/cultural opponents, they are going to start collectively going to go for the throat.
Our collective throat. Which I do not anticipate us Normals responding to in a huggy, loving kind of way.
Snip.
We’re already seeing it play out. The mainstream media quit even pretending to be honest – it’s in full scale fib mode. Look at the Time magazine cover of the little girl whose scumbag mom dragged her across the desert to help her break our laws (apparently without daddy’s permission and not for the first time). That Time cover is a lie, but it’s no surprise. The only surprise is that Time magazine is still a thing.
In fact, the whole manufactured outrage over Democrat-preferred criminals being treated like every other criminal was a lie. And the media not only doesn’t care but actively and consciously supports lying to you to support its liberal allies. But no one cares anymore. They can lie and lie and lie, and do, and we just smile and buy more guns and ammo.
So the leftists attempt to intimidate us into submission, showing up at people’s houses and screaming at them in restaurants. Take that, Sarah! The idea is since the leftists can’t convince Normals with the power of their ideas – because leftists’ ideas inevitably involve Normals ceding more of their rights and money to leftists – the left wants to make submission and obedience the price for being able to participate in the culture. But what’s inevitable is that us newly militant Normals, whose power is political rather than cultural, are going to respond pursuant to the New Rules and demand that leftists bake us a cake.
The craziness among Democrats can be explained by the behavior of cultists after a prophecy fails: the moderates, the ones who were the biggest brake on untrammeled lunacy, are the ones out the door first.
The more lukewarm Democrats are either keeping their mouths shut or are disappearing from the Party. The ones who remain are the ones who are more committed (translation: barking mad moonbats) who are the ones we hear talking about impeachment, banishing Trump supporters from the public square, protesting at Republican’s houses, etc.
It also explains why Democratic Party big wigs are losing primary challenges to candidates of the more barking mad persuasion (e.g. Joe Crowley, one of the biggest of the Democratic House big wigs who lost to someone who can only be described as a commie).
Speaking of which, the House’s fourth-ranking Democrat just got knocked off by a woman who wants to abolish ICE. “The objection of the hard Left is not to the current style or kind of immigration enforcement; their objection is to the existence of immigration enforcement.”
Mega Turbo Democrat Dumbass: “I’m going to find the Congressman’s kids and kill them. If you’re going to separate kids at the border, I’m going to kill his kids. Don’t try to find me because you won’t.” Yeah, that last bit turned out to not be the case: The FBI arrested him within hours.
“Janus Ruling Could Cost Unions Hundreds of Millions.” (Hat tip: Director Blue.)
“In ruling on bullet-stamping law, California Supreme Court says state laws cannot be invalidated on the grounds that complying with them is impossible.” Evidently liberals find this whole “reality” thing too much of a drag…
Keep in mind that a majority of Democrats don’t want to abolish ICE. (Hat tip: Ace of Spades HQ.)
In East Texas, more of that voter fraud Democrats claim doesn’t exist.
And also in South Texas. Bonus: Hidalgo County fraud, which we’ve previously covered.
Bonus: Judges orders redo of Democratic primary runoff due to voting fraud:
A judge ordered a do-over of a contested Democratic primary runoff race in South Texas after invalidating the runoff results due to voter fraud. The runoff was decided by six votes.
Ofelia “Ofie” Gutierrez contested the results of the May 22 Democratic primary runoff for Kleberg County Justice of the Peace Precinct 4 after losing to incumbent Esequiel “Cheque” De La Paz by a vote of 318 to 312.
Gutierrez alleged that more than six illegal votes were counted, cast by people who didn’t reside within Precinct 4 and therefore weren’t eligible to vote in the election.
On Tuesday, visiting Judge Joel Johnson threw out seven of the 16 ballots Gutierrez challenged in court. All seven were cast by voters related in some way to De La Paz.
“Head of prominent charity that campaigns against child abuse is arrested for ‘trying to arrange to rape multiple children as young as two.”
200 Muslim migrants attempt to storm the Croatian border yelling “Allahu Akbar.”
Iran reopens uranium plant. (Hat tip: Stephen Green at Instapundit.)
Speaking of Iran, protests there continued for a sixth day following a currency collapse. “On Sunday, the rial plunged 15 percent to IRR 89,000 against the dollar on the black market. Since the U.S. withdrawal from the Iranian nuclear deal on May 8, the rial has lost more than 40 percent of its value.”
The dumbasses at the Austin City Council approved building a soccer stadium. Because subsidizing a popular sport just wasn’t insulting enough to taxpayers…
Were Houston police officers dosed with flyers laced with Fentanyl left on patrol car windshields? Followup: Lab tests say no.
What it’s like to service an SR-71. “Our last structural integrity review was in 1987, and it declared that the aircraft was about 180 percent stronger than the day it was made. The higher and faster you flew it, the stronger the titanium became.”
CNN’s ratings fall below those of the food network. (Hat tip: Ace.)
Black man being arrested for shoplifting calls police Nazis. So they charged him with a hate crime. All hate crime laws are stupid, but those that criminalize free speech are an order of magnitude stupider. (Hat tip: Instapundit.)
A Tweet with some numbers from the latest Harris poll:
A sample from the #WalkAway tag on Twitter:
Are eight AT&T buildings (including one in Dallas) hubs for NSA spying?
Multiculturalism Watch: Excavating the Aztec’s ceremonial skull rack, which the Spanish conquistadors estimated as holding 130,000 skulls from human sacrifices. “Gomoz Valdas found that about 75% of the skulls examined so far belonged to men, most between the ages of 20 and 35—prime warrior age. But 20% were women, and 5% belonged to children. Most victims seemed to be in relatively good health before they were sacrificed.”
Harlan Ellison, RIP.
Tags:#NeverTrump, 2018 Election, Air Force, aircraft, Alexandria Ocasio Cortez, Anthony Kennedy, Austin, Aztec, Border Controls, Borepatch, California, Croatia, Democrats, Elections, FBI, Fentanyl, Foreign Policy, Guns, Harlan Ellison, Hidalgo County, Houston, Houston Police Department, Hugh Hewitt, Immigration and Customs Enforcement, Iran, Janus v. AFSCME, Jihad, Joe Crowley, Jonah Goldberg, Kurt Schlichter, LinkSwarm, Media Watch, Military, Neil Gorsuch, NSA, soccer, SR-71, Supreme Court, unions, Voter Fraud
Posted in Border Control, Crime, Democrats, Economics, Elections, Foreign Policy, Guns, Jihad, Media Watch, Military, Supreme Court, Texas, unions | No Comments »
Wednesday, June 27th, 2018
In a 5-4 decision in Janus v. AFSCME, the Supreme Court has struck down the compulsory collecting of public employee union dues from non-members for collective bargaining, ruling that it violates non-members’ First Amendment rights. Justice Samuel Alito wrote the majority opinion, joined by Chief Justice Roberts and Justices Thomas, Kennedy and Gorsuch.
States and public-sector unions may no longer extract agency fees from nonconsenting employees. The First Amendment is violated when money is taken from nonconsenting employees for a public-sector union; employees must choose to support the union before anything is taken from them. Accordingly, neither an agency fee nor any other form of payment to a public-sector union may be deducted from an employee, nor may any other attempt be made to collect such a payment, unless the employee affirmatively consents to pay.
Text of the decision here.
This is a huge blow to the Democratic Party’s union dues collecting machine. And the small remaining rump of #NeverTrump’s mocking cries of “But Gorsuch” ring particularly hollow today.
Tags:AFSCME, Janus v. AFSCME, Samuel Alito, Supreme Court, unions
Posted in Supreme Court, unions | No Comments »
Tuesday, June 26th, 2018
In a 5-4 decision (Roberts writing the majority opinion, joined by Kennedy, Thomas, Alito and Gorsuch), the Supreme Court has upheld President Donald Trump’s travel ban from terrorism-supporting countries:
Under the Immigration and Nationality Act, foreign nationals seeking entry into the United States undergo a vetting process to ensure that they satisfy the numerous requirements for admission. The Act also vests the Presi- dent with authority to restrict the entry of aliens when- ever he finds that their entry “would be detrimental to the interests of the United States.” 8 U. S. C. §1182(f). Relying on that delegation, the President concluded that it was necessary to impose entry restrictions on nationals of countries that do not share adequate information for an informed entry determination, or that otherwise present national security risks….
By its plain language, §1182(f) grants the President broad discretion to suspend the entry of aliens into the United States. The President lawfully exercised that discretion based on his findings—following a worldwide, multi-agency review—that entry of the covered aliens would be detrimental to the national interest. And plaintiffs’ attempts to identify a conflict with other provisions in the INA, and their appeal to the statute’s purposes and legislative history, fail to overcome the clear statutory language….
In addition to the majority opinion, Justice Clarence Thomas’ concurring opinion takes a very strong swipe at the Ninth Circuit Court’s increasing tendency to issue blanket, “universal” injunctions:
Injunctions that prohibit the Executive Branch from applying a law or policy against anyone—often called “universal” or “nationwide” injunctions—have become increasingly common. District courts, including the one here, have begun imposing universal injunctions without considering their authority to grant such sweeping relief. These injunctions are beginning to take a toll on the federal court system—preventing legal questions from percolating through the federal courts, encouraging forum shopping, and making every case a national emergency for the courts and for the Executive Branch.
I am skeptical that district courts have the authority to enter universal injunctions. These injunctions did not emerge until a century and a half after the founding. And they appear to be inconsistent with longstanding limits on equitable relief and the power of Article III courts. If their popularity continues, this Court must address their legality.
The text of the decision is here.
Tags:9th Circuit Court, Clarence Thomas, Donald Trump, Jihad, John Roberts, Supreme Court, Trump vs. Hawaii
Posted in Jihad, Supreme Court | No Comments »
Monday, June 25th, 2018
“Most” in this case means that the Supreme Court sided with Texas in Abbot v. Perez for 10 out of 11 disputed districts:
Extinguishing the possibility that Texas could be placed back under federal electoral supervision, the U.S. Supreme Court on Monday pushed aside claims that lawmakers intentionally discriminated against voters of color when they enacted the state’s congressional and state House maps.
In a 5-4 vote, the high court threw out a lower court ruling that had found that lawmakers intentionally undercut the voting power of Hispanic and black voters, oftentimes to keep white incumbents in office. The Supreme Court found that the evidence was “plainly insufficient” to prove that the 2013 Legislature acted in “bad faith.”
The Supreme Court also ruled that all but one of the 11 congressional and state House districts that had been flagged as problematic could remain intact. The one exception was Fort Worth-based House District 90, which is occupied by Democratic Rep. Ramon Romero and was deemed an impermissible racial gerrymander because lawmakers illegally used race as the predominant factor in deciding its boundaries.
The decision also means that “preclearance” (i.e., Texas having to have all redistricting cleared by the federal government) is finally well and truly dead.
Justice Samuel Alito wrote the majority opinion, with concurrences from justices Roberts, Kennedy, Thomas and Gorsuch.
Here’s the text of the decision.
As for House District 90, the text of the decision states that “On remand, the District Court will have to consider what if any remedy is appropriate at this time.” Since it’s already held by a democrat, expect the lower court’s enthusiasm for an immediate remedy to the issue to be tempered, and this late in the game, they might merely order that the issue be addressed following the 2020 census, which would fall to the 87th Texas legislature in 2021.
Tags:87th Texas Legislature, Abbot v. Perez, Greg Abbott, preclearance, Redistricting, Supreme Court, Texas, Texas House District 90
Posted in Supreme Court, Texas, Uncategorized | No Comments »
Friday, June 22nd, 2018
The whole “OMG, we lock up illegal alien kids!” panic the Democrats and the media (but I repeat myself) have ginned up is a sign of just how good the economy is under President Donald Trump, and just how desperate Democrats are to find an issue to run on in November. Faced with the prospect of running on tranny bathrooms, gun control and calling ordinary Americans racists (yet again), they hit upon screeching about the fate of some 2,000 illegal alien minors as the only naked emotional appeal left in their arsenal.

Here it is, folks: the only tactic Democrats could agree to run on this fall.
So naturally, President Trump defused the issue he inherited from Obama with an executive order, causing Democrats to turn on a dime from “OMG, this is the most important moral crisis of our time!” to “That’s not good enough, you heartless monster, we want immediate full amnesty or we keep screaming our heads off!” Ditto for Sen. Ted Cruz’s legislative fix, which was instantly labeled a “cynical ploy.” You know, just like Democrats manufacturing the whole issue.
Expect Democrats to to start bloviating about something equally ludicrous but completely different with the same overheated emotional furor next week…
Rio Grande Valley Sector Chief Manuel Padilla says the entire problem stems from Obama-era laxness:
“It’s a very complex situation,” he told “CBS This Morning” co-host Gayle King. “When you have high levels of activity, and a lack of resources – personnel, technology, infrastructure – it creates this kind of chaotic environment.”
I know this is complicated for you and your team, but what people are talking about is cruel and inhuman behavior, is how it’s perceived,” said King. “Do you actually agree with this policy?”
“I do agree that we have to do something. We created this situation by not doing anything,” Padilla said. “So what happened with zero tolerance is, we were exempting a population from the law. And what happens when you do that, it creates a draw for a certain group of people that rises to trends that become a crisis.”
“I’m going to give you an example: Because we were releasing family units, May 2, just last month, we had a full-blown MS-13 (gang member) accompanied by his one-year-old child. He thought he was going get released into the community; that was not the case.”
Congressional Democratic candidates are more left-wing than ever. I’m sure a platform of repealing tax cuts will go over swell among ordinary voters… (Hat tip: Borepatch.)
Actor Peter Fonda (who you may remember as The Devil in Ghost Rider) went off on an “unhinged even by the standards of blue checkmark liberals on Twitter” rant in which he called for Barron Trump to be raped by pedophiles. To which reporter Juan Williams said Fonda’s rant was “poorly worded.” Oh really? Just how should someone word an appeal that the children of one’s political opponents be raped by pedophiles? Where does Miss Manners stand on this vital issue of 21st century American etiquette?
Related tweet:
Eric S. Raymond on the mathematics of gun confiscation. “The critical fraction of American gun owners that would have to be hard-core enough to resist confiscation with lethal violence in order to stop the attempt is lower than 1 in 317. Probably much lower. Especially if we responded by killing not merely the doorknockers but the bureaucrats and politicians who gave them their orders. Which would be more efficient, more just, and certain to follow.”
More on American gun owners:
The Small Arms Survey estimates there are 393,300,000 civilian-owned firearms in the United States. The survey, performed by the Graduate Institute of Geneva, estimated the United States military has about 4.5 million firearms. It put the number of firearms owned by police throughout the United States at just over 1 million.
That means American civilians own nearly 100 times as many firearms as the U.S. military and nearly 400 times as many as law enforcement.
Federal Bureau of Investigation background check records suggest that civilians bought more than 2 million guns in May alone, which means civilians purchase more than double the number of firearms owned by police departments. The number of gun-related civilian background checks in May and April, at over 4.7 million, is greater than the number of firearms currently owned by the American military.
The FBI reported processing more than 25.2 million gun-related civilian background checks in 2017, which is more than the 22.7 million guns the Small Arms Survey estimates are currently held by every law enforcement agency in the world combined. Between 2012 and 2017, the FBI reported conducting more than 135 million civilian gun checks—more than the 133 million guns the Small Arms Survey estimates are in all the world’s military stockpiles.
The Small Arms Survey estimated there are about 1 billion firearms currently in circulation throughout the world. By its estimate, about 85 percent are owned by civilians and American civilians own nearly 40 percent of all the guns in the world. Researchers said worldwide firearms ownership was up since the last time they studied the issue about a decade ago.
In Carpenter v. United States, the Supreme Court ruled that cell phone metadata is protected from warrantless search and seizure:
“We decline to grant the state unrestricted access to a wireless carrier’s database of physical location information,” Chief Justice John Roberts wrote in the majority opinion. “In light of the deeply revealing nature of CSLI, its depth, breadth, and comprehensive reach, and the inescapable and automatic nature of its collection, the fact that such information is gathered by a third party does not make it any less deserving of Fourth Amendment protection.”
Roberts was joined by Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan. Justices Anthony Kennedy, Clarence Thomas, Samuel Alito, and Neil Gorsuch dissented.
This is the rare case where I side with the court’s liberal wing against its conservative wing. If there is a constitutional right to privacy, then surely metadata, which reveals your minute-by-minute physical location, among many other things, should be covered.
Federal court rules that the Consumer Financial Protection Bureau is unconstitutional for exercising executive authority but putting its director beyond the each of Presidential power.
Turkish jihadist scumbag president Recep Tayyip Erdogan calls a snap election, a tactic that could backfire.
The Southern Poverty Law Center just paid $3,375,000 to British politician Maajid Nawaz for smearing him as an “anti-Muslim extremist.”
In the wake of that settlement, the SPLC could be facing dozens of lawsuits from anti-jihad organizations and activists it has similarly smeared.
Germany just gave in to President Trump’s tariff reduction demands. Our President just might know more about negotiation than his critics would admit… (Hat tip: Director Blue.)
Evergreen State College professor warns that the campus Social Justice Warrior crisis is worse than people think. (Hat tip: Zero Hedge.)
Texas Democratic State Senator Carlos Uresti resigns after his felony conviction.
The Texas Supreme Court smacks down Austin’s plastic bag ban. (Hat tip: Dwight.)
D.C. votes to eliminate tipping.
Portland feminist bookstore closing. Naturally they blamed their poor business decisions on white male patriarchy. Insert your own Portlandia joke here.
West Virginia Democratic House candidate Richard Ojeda said he voted for Donald Trump.
As he himself foretold, Charles Krauthammer has died. He was a welcome voice of reason during the initial burst of Obamamania.
Commie soldier boy given an other-than-honorable discharge.
A long, sad profile of actor Johnny Depp. Stoned and broke because you can’t stop stupidly spending your money is no way to go through life, son…
“Onion Social Embraces Diversity By Adding Prophet Mohammed Emoji.”
Ted Cruz kicks Jimmy Kimmel’s ass.
Hong Kong banks don’t want your stinking money.
“Stop! Hammertime!” (Hat tip: Dwight.)
Tags:2018 Election, Austin, Border Controls, Carlos Uresti, Carpenter v. United States, Charles Krauthammer, Communism, Democrats, Elections, Eric S. Raymond, Evergreen State College, Germany, Guns, Illegal Aliens, Jihad, Jimmy Kimmel, Johnny Depp, Juan Williams, LinkSwarm, Maajid Nawaz, Media Watch, MS-13, Obituary, pedophilia, Peter Fonda, plastic bags, Recep Tayyip Erdogan, Richard Ojeda, Rio Grande Valley, Social Justice Warriors, Southern Poverty Law Center, Supreme Court, Ted Cruz, Texas, Texas Supreme Court, trade, Trade War, Turkey, West Virginia
Posted in Austin, Border Control, Communism, Crime, Democrats, Elections, Guns, Jihad, Media Watch, Social Justice Warriors, Supreme Court, Texas | No Comments »
Thursday, June 21st, 2018
In a 5-4 decision that broke across the court’s usual ideological lines (Kennedy, Thomas, Alito, Ginsburg, and Gorsuch in favor, Roberts, Breyer, Sotomayor, and Kagan dissenting), the Supreme Court has ruled in South Dakota v. Wayfair that states can force online retailers to collect sales tax for them, rejecting previous Quill Corp. v. North Dakota precedent from 1992 that required a physical presence in the state. “Rejecting the physical presence rule is necessary to ensure that artificial competitive advantages are not created by this Court’s precedents.”
As someone who both buys and sells books online, this is not an outcome I would have wished, but having Thomas, Alito and Gorsuch on the affirmative side of the opinion does give me pause. But the golden age of the wide-open online commerce Internet appear to be drawing to a close.
Here’s the text of the decision itself (Legal Insurruection initially had a link to the wrong decision).
Tags:Internet, interstate commerce, Quill Corp. v. North Dakota, South Dakota v. Wayfair, Supreme Court, Taxes
Posted in Supreme Court | No Comments »
Monday, June 18th, 2018
When you see a phrase like “Moose vs. Hovercraft,” you think it’s probably about some ironic iPhone game you can back on Kickstarter. (That, or a SyFy movie, in which case it would be Giant Moose vs. Megahovercraft.) But today the phrase pops up in relation to a case the Supreme Court has agreed to take up. Bonus: For the second time.
An Alaska hunter who wants to use his hovercraft to hunt moose persuaded the Supreme Court to take up his case Monday for the second time.
After its last hearing on John Sturgeon’s case, the Supreme Court found that the Ninth Circuit failed to recognize the unique conditions of Alaska that usually make the state the exception, not the rule, when it comes to Nation Park Service regulations.
On remand from the Supreme Court, however, the Ninth Circuit again ruled against Sturgeon, finding that the U.S. government had authority to regulate Sturgeon’s use of a hovercraft on the federally protected Nation River.
Sturgeon’s latest petition for certiorari, which he filed this past January,
Asks whether the Alaska National Interest Lands Conservation Act prohibits the National Park Service from exercising regulatory control over state, tribal or private land that overlaps with the National Park System in Alaska.
The Supreme Court decision for the first round of Sturgeon vs. Frost can be found here. An excerpt:
In 2007, John Sturgeon was piloting his hovercraft over a stretch of the Nation River that flows through the Yukon-Charley Rivers National Preserve, a conservation system unit in Alaska that is managed by the National Park Service. Alaska law permits the use of hovercraft. National Park Service regulations do not. See 36 CFR §2.17(e). Park Service rangers approached Sturgeon, informing him that hovercraft were prohibited within the preserve under Park Service regulations. Sturgeon protested that Park Service regulations did not apply because the river was owned by the State of Alaska. The rangers ordered Sturgeon to re move his hovercraft from the preserve, and he complied. Sturgeon later filed suit against the Park Service in the United States District Court for the District of Alaska, seeking declaratory and injunctive relief permitting him to operate his hovercraft within the boundaries of the Yukon-Charley. Alaska intervened in support of Sturgeon.
The Supremes remanded the case back to the Ninth Circuit saying they had misinterpreted the regulation in question:
Looking at ANILCA both as a whole and with respect to Section 103(c), the Act contemplates the possibility that all the land within the boundaries of conservation system units in Alaska may be treated differently from federally managed preservation areas across the country, and that “non-public” lands within the boundaries of those units may be treated differently from “public” lands within the unit. Under the Ninth Circuit’s reading of Section 103(c), however, the former is not an option, and the latter would require contorted and counterintuitive measures.
The Ninth basically responded as they are usually wont to do. “Nah-uh, you’re not the boss of me! I do what I want! Screw you, moose-hunting hovercraft guy!” (I might be paraphrasing just a tad here.)
Having been ignored the first time, expect the Supreme Court to strike down upon the ninth with great vengeance and furious anger issue a more strongly-worded decision. The only question is whether it will be a narrowly-based textual decision, or a broader decision about federal regulation of state and private lands.
(Hat tip for my headline swipe.)
Tags:9th Circuit Court, Alaska, federalism, Hovercraft, Regulation, Sturgeon vs. Frost, Supreme Court
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Tuesday, June 5th, 2018
In a broadly-shared 7-2 opinion on narrow technical grounds, the Supreme Court ruled in favor of the christian baker in the Masterpiece Cakeshop “gay wedding cake” case.
Let’s look at the text of the decision itself:
That consideration was compromised, however, by the Commission’s treatment of Phillips’ case, which showed elements of a clear and impermissible hostility toward the sincere religious beliefs motivating his objection. As the record shows, some of the commissioners at the Commission’s formal, public hearings endorsed the view that religious beliefs cannot legitimately be carried into the public sphere or commercial domain, disparaged Phillips’ faith as despicable and characterized it as merely rhetorical, and compared his invocation of his sincerely held religious beliefs to defenses of slavery and the Holocaust. No commissioners objected to the comments. Nor were they mentioned in the later state-court ruling or disavowed in the briefs filed here. The comments thus cast doubt on the fairness and impartiality of the Commission’s adjudication of Phillips’ case.
Snip.
For these reasons, the Commission’s treatment of Phillips’ case violated the State’s duty under the First Amendment not to base laws or regulations on hostility to a religion or religious viewpoint. The government, consistent with the Constitution’s guarantee of free exercise, cannot impose regulations that are hostile to the religious beliefs of affected citizens and cannot act in a manner that passes judgment upon or presupposes the illegitimacy of religious beliefs and practices. Church of Lukumi Babalu Aye, Inc. v. Hialeah, 508 U. S. 520. Factors relevant to the assessment of governmental neutrality include “the historical background of the decision under challenge, the specific series of events leading to the enactment or official policy in question, and the legislative or administrative history, including contemporaneous statements made by members of the decisionmaking body.” Id., at 540. In view of these factors, the record here demonstrates that the Commission’s consideration of Phillips’ case was neither tolerant nor respectful of his religious beliefs. The Commission gave “every appearance,” id., at 545, of adjudicating his religious objection based on a negative normative “evaluation of the particular justification” for his objection and the religious grounds for it, id., at 537, but government has no role in expressing or even suggesting whether the religious ground for Phillips’ conscience-based objection is legitimate or illegitimate. The inference here is thus that Phillips’ religious objection was not considered with the neutrality required by the Free Exercise Clause. The State’s interest could have been weighed against Phillips’ sincere religious objections in a way consistent with the requisite religious neutrality that must be strictly observed. But the official expressions of hostility to religion in some of the commissioners’ comments were inconsistent with that requirement, and the Commission’s disparate consideration of Phillips’ case compared to the cases of the other bakers suggests the same.
In short, liberals might have eked out a win in this case if only they hadn’t displayed their usual naked contempt for Christian believers.
It’s also gratifying to see that constitutionally enumerated rights can still, at this late date, trump those “unenumerated rights” (read Obergefell) plucked from the thin air of penumbras and emanations that are so near and dear to left-wing legal theorist’s hearts.
Ann Althouse also points out Justice Thomas’ opinion concurring in part and concurring in the judgment:
The Colorado Court of Appeals was wrong to conclude that Phillips’ conduct was not expressive because a reasonable observer would think he is merely complying with Colorado’s public-accommodations law. This argument would justify any law that compelled protected speech. And, this Court has never accepted it. From the beginning, this Court’s compelled-speech precedents have rejected arguments that “would resolve every issue of power in favor of those in authority.” Barnette, 319 U. S., at 636…
States cannot punish protected speech because some group finds it offensive, hurtful, stigmatic, unreasonable, or undignified. “If there is a bedrock principle underlying the First Amendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable.”
And that, of course, is the entire point of the law. Tolerance is not enough. Liberals demand sanction and wish to criminalize dissent to their demands. You will be forced to approve of our lifestyle. You will be made to care. The law exists entirely to force Christians to bow to will of anti-Christian liberals.
Every knee must bend.
Tags:Clarence Thomas, Colorado, First Amendment, Gay Marriage, Masterpiece Cakeshop, Social Justice Warriors, Supreme Court
Posted in Social Justice Warriors, Supreme Court | 1 Comment »