Posts Tagged ‘Samuel Alito’

LinkSwarm for June 24, 2022

Friday, June 24th, 2022

Two landmark Supreme Court cases drop, another woke social justice child-rapist exposed, Keith Olbermann channels John C. Calhoun, and the secret plans to nuke Yorkshire. It’s the Friday LinkSwarm!

  • Just like the old gypsy woman said leakers indicated, the Supreme Court has overturned Roe vs. Wade.

    The Supreme Court on Friday overturned Roe v. Wade, the 1973 ruling that legalized abortion, allowing a Mississippi law that bans abortions after 15 weeks to take effect.

    “The Constitution does not confer a right to abortion; Roe and Casey are overruled; and the authority to regulate abortion is returned to the people and their elected representatives,” Justice Samuel Alito wrote for the 6-3 majority.

    Justice Alito was joined by Justices Amy Coney Barrett, Neil Gorsuch, Brett Kavanaugh, Clarence Thomas, and Chief Justice John Roberts in the majority. Justice Roberts wrote in a concurring opinion with the majority that he would have taken a “more measured course” stopping short of overturning Roe altogether, but agreed that the Mississippi abortion ban should stand.

    The Court’s liberal Justices Stephen Breyer, Elena Kagan, and Sonia Sotomayor dissented….

    The ruling in Dobbs v. Jackson Women’s Health Organization means each state will now be able to determine its own regulations on abortion, including whether and when to prohibit abortion.

  • The Supreme Court also handed down a landmark pro-Second Amendment case.

    In New York State Rifle and Pistol Association v. Bruen, the Court affirmed that gun rights are due the same protection as all other constitutional rights.

    To which I can only reply “Duh. What took them so long?”

    Today’s Supreme Court decision in New York State Rifle and Pistol Association v. Bruen is not only the most important Second Amendment ruling since D.C. v. Heller, it is potentially the most important Second Amendment ruling in American history.

    Not sure about that, as Heller firmly established the gun ownership was an individual right unconnected to militia service. That laid the conceptual groundwork for today’s ruling.

    For all the brouhaha, the question at hand in Bruen was rather straightforward: Can the state of New York require that applicants for gun-carry permits “demonstrate a special need for self-protection distinguishable from that of the general community,” or is New York obliged by the Constitution to offer a “shall issue” regime of the sort that 43 of the other 49 states have adopted? By a 6–3 vote, the justices decided that the latter approach is required. In the United States, Clarence Thomas’s majority opinion concluded, “authorities must issue concealed-carry licenses whenever applicants satisfy certain threshold requirements, without granting licensing officials discretion to deny licenses based on a perceived lack of need or suitability.” Moreover, while there is nothing illegal about America’s existing state-level permitting systems, those systems may not be mere smokescreens for outright prohibition, unequal protection, or unacceptable delay. “We do not rule out,” Thomas added in a footnote, any “constitutional challenges to shall-issue regimes where, for example, lengthy wait times in processing license applications or exorbitant fees deny ordinary citizens their right to public carry.”

    As Justice Alito was keen to note, this “holding decides nothing about who may lawfully possess a firearm or the requirements that must be met to buy a gun. Nor does it decide anything about the kinds of weapons that people may possess.” It concludes solely that:

    The exercise of other constitutional rights does not require individuals to demonstrate to government officers some special need. The Second Amendment right to carry arms in public for self-defense is no different. New York’s proper-cause requirement violates the Fourteenth Amendment by preventing law-abiding citizens with ordinary self-defense needs from exercising their right to keep and bear arms in public.

    Bottom line: New York is allowed to exclude carry-permit applications on a categorical basis (e.g., the applicant has a felony conviction), but not on a subjective one (e.g., the applicant doesn’t “need” a gun in the view of the determining officer).

    To get there, the majority first determined that “nothing in the Second Amendment’s text draws a home/public distinction with respect to the right to keep and bear arms.” Indeed, “to confine the right to ‘bear’ arms to the home,” the majority observed, “would nullify half of the Second Amendment’s operative protections.” This, Thomas explained, would not do, because “the constitutional right to bear arms in public for self-defense is not ‘a second-class right, subject to an entirely different body of rules than the other Bill of Rights guarantees.’”

  • In light of the ruling, Borepatch offers up a rare word of praise for Mitch McConnell for black holing the Merick Garland nomination in 2015.
  • Liberals are taking the gun and abortion rulings well. Ha, just kidding! Keith Olbermann came out for nullification. Because nothing says “progressive liberalism” like adopting the policies of South Carolina from 1832.
    

  • Woke “socialist high school teacher” is “fighting for a better society” by filming himself having sex with a 13-year old student during lunch breaks.
  • Long, interesting twitter thread on how crime has soared under various George Soros-backed DAs.
  • Ukraine has banned the main opposition party. Not a great look. Though you know FDR would have tried that with Republicans if he thought they posed more of a threat to his agenda and the Supreme Court would let him get away with it…
  • Biden Administration to oil companies: “Hey, we need you to refine more oil! Also, we want to put you all out of business in five to ten years.”
  • “Court Rules Virtue-Signaling Minneapolis Mayor Failed to Protect Citizens With Enough Cops…The Minnesota Supreme Court has ordered kneeling Minneapolis Mayor Jacob Frey and his band of defundanistas to hire more cops as required under the city’s charter or show why they can’t.”
  • Remember Andrew “failed Florida Democratic Gubernatorial candidate/gay meth orgy participant” Gillum? Well, he was just indicted on 21 counts of “conspiracy, wire fraud and making false statements” for raking off campaign contributions into his own pocket.
  • This week’s example of a reporter making up sources comes to you from Gabriela Miranda of USA Today.
  • Reason to worry: China has a new aircraft carrier the size of our own Nimitz-class carriers. But not too much: It probably won’t be ready for active service until 2025, and it’s oil-boiler powered rather than nuclear.
  • Israel is headed for yet another election. “After almost one year of taking power, Israel’s ruling coalition has agreed to dissolve the parliament and hold new elections. ‘Israeli Prime Minister Naftali Bennett’s office announced Monday that his weakened coalition will be disbanded and the country will head to new elections.'” (“How many elections is that now, five?” “Shut up! Don’t tell Mere!”)
  • International Swimming Federation bans men from competing. It’s astonishing that headline even needs to be written…
  • Twitter board recommends that they accept Elon Musk’s offer. Maybe he can get them to unlock my account.
  • The Denver Airport is expanding, and they’ve actually leaning into the conspiracy theories.
  • Powers that be in Tennessee are threatening YouTuber Whistlin Diesel with a year in prison for…splashing with a jet ski. Sounds like a clear abuse of power to me…
  • A review of one of the last production Trebants, the crappy, under-powered, plastic communist car East Germans had to wait years to buy. Let this be another reminder that commies aren’t cool and the consumer goods produced by commie companies that don’t have to deal with market competition are crap.
  • I’ve posted a lot of Peter Zeihan video this year, so you might be interested to know that his book The End of the World is Just the Beginning: Mapping the Collapse of Globalization is now out.
  • “In my day, we had to work twenty-five hours a day, eight days a week, and they set off a nuclear explosion underneath us! You tell that to kids these days and they don’t believe you!”
  • “After ‘Lightyear’ Bombs, Disney Quietly Cancels Their Upcoming Movie ‘Brokeback Woody.
  • Supreme Court Strikes Down Warrantless Gun Seizure 9-0

    Tuesday, May 18th, 2021

    Here’s some welcome news in the form of a rare 9-0 Supreme Court decision upholding Fourth Amendment rights against warrantless gun seizure:

    In a unanimous opinion Monday, the U.S. Supreme Court ruled against police who seized a man’s guns without a warrant while he was in the hospital for a suicide evaluation.

    Police cannot justify the warrantless search and seizure based on the “community caretaking” exception to the Fourth Amendment, Justice Clarence Thomas wrote in his opinion for the high court.

    The Supreme Court had recognized the exception in a 1973 case, Cady v. Dombrowski, in which police searched the trunk of a car that had been towed after a crash.

    The Supreme Court ruled Monday in a challenge by Edward Caniglia, who retrieved an unloaded gun during an argument with his wife, put it on the table and said, “Why don’t you just shoot me and get me out of my misery.”

    Caniglia’s wife ended up spending the night at a motel. When she called her husband the next day, the wife was unable to reach him. She called police in Cranston, Rhode Island, for a wellness check.

    Caniglia agreed to go to the hospital but only after police allegedly promised that they wouldn’t confiscate his firearms. Police entered Caniglia’s home and took two guns.

    The 1st U.S. Circuit Court of Appeals at Boston had ruled against Caniglia, ruling that the community caretaking exception applies to homes and cars. The Supreme Court disagreed.

    The 1st Circuit’s community caretaking rule “goes beyond anything this court has recognized,” Thomas wrote. “What is reasonable for vehicles is different from what is reasonable for homes. Cady acknowledged as much.”

    The full text of the decision can be found here.

    The First Circuit’s “community caretaking” rule, how-ever, goes beyond anything this Court has recognized. The decision below assumed that respondents lacked a warrantor consent, and it expressly disclaimed the possibility that they were reacting to a crime. The court also declined to consider whether any recognized exigent circumstances were present because respondents had forfeited the point.

    Nor did it find that respondents’ actions were akin to what a private citizen might have had authority to do if petitioner’s wife had approached a neighbor for assistance in-stead of the police. Neither the holding nor logic of Cady justified that approach. True, Cady also involved a warrantless search for a firearm. But the location of that search was an impounded vehicle—not a home—“‘a constitutional difference’” that the opinion repeatedly stressed. 413 U. S., at 439; see also id., at 440–442. In fact, Cady expressly contrasted its treatment of a vehicle already under police control with a search of a car “parked adjacent to the dwelling place of the owner.” Id., at 446–448 (citing Coolidge v. New Hampshire, 403 U. S. 443 (1971)). Cady’s unmistakable distinction between vehicles and homes also places into proper context its reference to “community caretaking.” This quote comes from a portion of the opinion explaining that the “frequency with which . . . vehicle[s] can become disabled or involved in . . . accident[s] on public highways” often requires police to perform noncriminal “community caretaking functions,” such as providing aid to motorists. 413 U. S., at 441. But, this recognition that police officers perform many civic tasks in modern society was just that—a recognition that these tasks exist,and not an open-ended license to perform them anywhere.

    * * *

    What is reasonable for vehicles is different from what is reasonable for homes. Cady acknowledged as much, and this Court has repeatedly “declined to expand the scope of . . . exceptions to the warrant requirement to permit warrantless entry into the home.” Collins, 584 U. S., at ___ (slip op., at 8). We thus vacate the judgment below and remand for further proceedings consistent with this opinion.

    In some ways this was a very narrowly tailored opinion, in that the Second Amendment was not invoked at all, only the Fourth. And indeed, Justice Samuel Alito’s concurring opinion specifically states that “Our decision today does not address those issues” in relation to the constitutionality of red flag laws. However, the decision was a blow for individual rights against warrentless police seizures in the home. Also, by explicitly including guns as property that is equally protected from such warrentless seizures, the Supreme Court has properly supported Second Amendment rights against the state’s overreach.

    Now if they could do something about civil asset forfeitures…

    Election Fraud Update for December 7, 2020

    Monday, December 7th, 2020

    We are rapidly approaching the endgame on election fraud remedies. States must ratify their final electors by December 8 (the “safe harbor” date), and electors meet and vote on December 14. Either the Supreme Court will have stopped the steal by that date, or Joe Biden will officially receive enough electoral votes to be elected President.

  • President Donald Trump lays out the case for significant voter fraud having altered the outcome of the 2020 Presidential election:

  • Here is a complete transcript of the speech.
  • Supreme Court Justice Samuel Alito has agreed to hear arguments that Pennsylvania’s loose mail voting requirements violated both state and federal law. Moreover, hearing it within the “safe harbor period by Tuesday “may signal that the Supreme Court takes Kelly’s case, which was rejected by the Pennsylvania Supreme Court with prejudice last weekend.”
  • The mysterious case of four suitcases of ballots pulled out from under a table after counting had supposedly stopped:

    President Donald Trump’s legal team on Dec. 3 presented surveillance footage at a Georgia state legislature hearing that appears to show ballot-counting workers telling poll observers late at night on Election Day to leave before continuing to count and pulling out what appears to be boxes filled with ballots.

    In the hearing on Dec. 3, Jacki Pick, a lawyer who is volunteering with the campaign’s legal case, said the team received video footage from State Farm Arena’s vote-tabulation center in Fulton County, Georgia. The team said that GOP poll watchers weren’t allowed to watch the counting process in the poll center.

    According to Pick, an unusual occurrence took place later in the evening at around 10 p.m. local time: A woman—described as a blonde woman with braids—told workers to stop counting and notified everyone to go home.

    Describing the video footage, Pick said, “Everyone clears out, including the Republican observers and the press, but four people stay behind and continue counting and tabulating well into the night.” The four counted unobserved until about 1 a.m., according to the video.

    Pick said that video footage shows Fulton County election workers waiting at their scanning areas until GOP poll observers and reporters left the room before they started “scanning ballots,” ostensibly without any observation.

  • National Review‘s Rich Lowry says that there’s nothing nefarious going on. I’m not so sure.
  • Ruby Freeman and daughter/supervisor Wandrea “Shaye” Moss (involved in the suitcases full of ballots) are also involved in this video-captured thumb drive handoff:

    If that’s not suspicious activity, they’re certainly doing an amazing imitation of looking suspicious while doing something.

  • Freeman seems to have lawyered up.
  • “GA Rep Says Forensic Tests Run On Sequestered Dominion Equipment Found Votes Switched From Trump to Biden.”
  • “Whistleblowers Dispute Over 1 Million Ballots, Cite Dominion Tampering, Shipping Filled Ballots Across State Lines.”

    The Amistad Project has gathered whistleblowers and sworn declarations revealing over one million potentially fraudulent swing-state ballots, including completed ballots getting shipped across state lines, postal service workers being told to prioritize Biden mail, and officials tampering with Dominion systems to prevent an audit.

    In total, over 300,000 ballots are at issue in Arizona, 548,000 in Michigan, 204,000 in Georgia, and over 121,000 in Pennsylvania.

    The declarations state that unlawful actions by state and local election officials in swing states, and possibly U.S. Postal Service officials,” the Amistad Project noted.

    The evidence details “the failure of election officials in blue jurisdictions to maintain ballot chain of custody,” and include “photographs of individuals improperly accessing voting machines and a detailed eyewitness account of the breaking of sealed boxes of ballot jump drives and commingling of those jump drives with others.”

    In addition to voting machine tampering, the Amistad Project’s findings reveal efforts by Postal Service officials in at least three of six swing states. “Details include potentially hundreds of thousands of completed absentee ballots being transported across three state lines, and a trailer filled with ballots disappearing in Pennsylvania,” the group notes.

    The Amistad Project feels that one whistleblower, a USPS truck driver Jess Morgan, had “fraudulent ballots were mistakenly placed” in his Pennsylvania-bound truck.

    (Hat Tip: Cut Jib news at Ace of Spades HQ.)

  • “Up to 280,000 Ballots ‘Disappeared’ Overnight Along with Trailer, USPS Whistleblower Alleges.” (Hat tip: Director Blue.)
  • “Judge Orders Forensic Audit of Dominion Voting Machines in Michigan.” “‘Our team is going to be able to go in this morning at about 8:30 and will be there for about eight hours to conduct that forensic examination and we’ll have the results in about 48 hours, and that’ll tell us a lot about these machines,’ Trump election attorney Jenna Ellis told Fox News.” Maybe this will finally provide the Dominion smoking gun. (Hat tip: Stephen Green at Instapundit.)
  • Did Dominion give Biden a 5% boost in Georgia?
  • “Biden Received ‘Mathematically Impossible’ Spike in Votes When Suspicious Ballots Counted in Georgia.” (Hat tip: Director Blue.)
  • Trump campaign witness Melissa Carone’s testimony about Michigan fraud was evidently deemed worthy of Saturday Night Live parody.
  • “Arizona GOP finds 2% of duplicate ballots took votes away from Trump after judge allows sample to be examined.”
  • Wisconsin supreme court refuses to hear election fraud cases.
  • A breakdown in Georgia court orders relating to election fraud cases through November 30.
  • The Red Headed Libertarian summarizes the evidence:

  • A call for an audit in Maricopa County, Arizona:

  • More evidence of Georgia fraud:

  • Scott Adams makes the case for witnesses being denied their rights to observe elections by force:

    (Hat tip: Mark Tapscott at Instapundit.)

  • Twitter has evidently taken down this video:

  • Sydney Powell discusses election fraud with Mike Huckabee.
  • “Pair Charged With Voter Fraud Allegedly Submitted THOUSANDS of Fraudulent Applications on Behalf of Homeless People.”
  • George Soros Appoints Chair of Smartmatic Parent Company to Lead Open Society Foundations.” That would be Mark Malloch-Brown. (Hat tip: Cut Jib news at Ace of Spades HQ.)
  • Mysterious Tower Of Missing Trump Votes Appears In Utah Desert.”
  • Let me know if I missed any important election fraud news in the comments.

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    SCOTUS Strikes Down Public Employee Union Fees For Non-Members

    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.