Keyword: activistjudges

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  • Federal Judge strikes down South Carolina marriage ban

    11/12/2014 7:53:25 AM PST · by GIdget2004 · 55 replies
    WACH Fox 57 ^ | 11/12/2014 | WACH Fox News Center
    A federal judge has struck down South Carolina's ban on same-sex marriage. U.S. District Judge Richard Gergel on Wednesday ruled against the state's constitutional amendment banning gay marriage. But marriage licenses can't be immediately handed out. Gergel gave state Attorney General Alan Wilson a delay until Nov. 20.
  • Jonathan and Reginald Carr death sentences overturned

    07/26/2014 9:02:00 AM PDT · by kiryandil · 46 replies
    The Wichita Eagle ^ | July 25, 2014 | Amy Renee Leiker
    The Kansas Supreme Court on Friday overturned death sentences for Jonathan and Reginald Carr, brothers convicted of murdering five people in one of Wichita’s most notorious crime sprees. The state’s high court in separate rulings issued Friday unanimously struck down three of each man’s four capital murder convictions in the Dec. 15, 2000, execution-style killings of four people in a snow-covered soccer field. A remaining capital murder conviction for each man was upheld by the court, but the death sentence connected to it was vacated after a 6-1 majority said the district court judge who presided over the brothers’ trial...
  • Judge: Gay Couples Can Keep Marrying in Colorado

    07/10/2014 4:19:29 PM PDT · by BurningOak · 8 replies
    ABC News ^ | Jul 10, 2014 | NICHOLAS RICCARDI
    Gay couples can keep getting married in Colorado, even though the state's gay marriage ban is still in effect, a judge ruled Thursday. The decision added to the national confusion over same-sex marriage, as the judge said a county clerk can continue giving marriage licenses to gay couples despite what the state's attorney general calls "legal chaos" as the issue makes its way to the U.S. Supreme Court. An hour after the ruling, Denver's clerk said she would join her counterpart in the liberal college town of Boulder in providing marriage licenses to same-sex couples. Pueblo County's clerk said he...
  • Boulder County Clerk to Begin Issuing Same Sex Marriage Licenses [Colorado!]

    06/25/2014 5:51:14 PM PDT · by BurningOak · 15 replies
    Boulder County, Colorado ^ | Wednesday, June 25, 2014 | Boulder County, Colorado
    Boulder County, Colo. – In response to the historic ruling in the 10th Circuit Court today, Boulder County Clerk and Recorder Hillary Hall will begin issuing same sex marriage licenses immediately, beginning today, June 25, 2014 in our Boulder office at 1750 33rd Street, and in our Lafayette and Longmont offices starting Friday, June 27, 2014. Because 10th Circuit decisions are binding in the State of Colorado, the precedent established by Kitchen v. Herbert is applicable to the same-sex marriage ban contained in the Colorado Constitution. The Tenth Circuit found that “those who wish to marry a person of the...
  • Judge strikes down Wisconsin gay marriage ban

    06/06/2014 2:48:56 PM PDT · by Olog-hai · 44 replies
    Associated Press ^ | Jun 6, 2014 5:17 PM EDT | Scott Bauer
    A federal judge struck down Wisconsin’s ban on same-sex marriage on Friday, ruling it unconstitutional. It wasn’t clear whether U.S. District Judge Barbara Crabb's 88-page ruling cleared the way for same-sex marriages to begin immediately. But the ruling makes Wisconsin the 27th state where same-sex couples can marry under law or where a judge has ruled they ought to be allowed to wed. […] The American Civil Liberties Union filed a lawsuit in February on behalf of four gay couples, then later expanded to eight, challenging Wisconsin’s constitutional ban on gay marriage. Messages left with ACLU’s attorneys were not immediately...
  • Ohio judge orders man to hold ‘I am a bully!’ sign

    04/12/2014 12:59:16 PM PDT · by Olog-hai · 19 replies
    Associated Press ^ | Apr 12, 2014 12:40 PM EDT
    A judge has ordered a man convicted of harassing a neighbor and her disabled children to stand on a street corner with a sign that says he is a bully. Municipal Court Judge Gayle Williams-Byers ordered 62-year-old Edmond Aviv to hold the sign for five hours Sunday. The sign reads: “I AM A BULLY! I pick on children that are disabled, and I am intolerant of those that are different from myself. My actions do not reflect an appreciation for the diverse South Euclid community that I live in.” The judge also said the sign’s letters must be large enough...
  • Utah asks Supreme Court to block same-sex unions

    12/31/2013 3:08:41 PM PST · by Olog-hai · 25 replies
    Associated Press ^ | Dec 31, 2013 5:30 PM EST | Paul Foy
    Utah took its fight against gay marriage to the U.S. Supreme Court on Tuesday, asking the high court to suspend same-sex unions that became legal when a judge struck down the state’s voter-approved ban. The heavily Mormon state wants the marriages to stop while it appeals a judge’s decision, which said banning gay couples from marrying violates their right to equal treatment under the law. In papers filed Tuesday, the state asked Justice Sonia Sotomayor to overturn a decision that has led to more than 900 gay marriages in Utah. Sotomayor handles emergency requests from Utah and other Rocky Mountain...
  • U.S. court rejects stay in Utah pro-gay marriage ruling

    12/22/2013 7:54:49 PM PST · by Oliviaforever · 82 replies
    Reuters ^ | 12/22/13
    NEW YORK (Reuters) - A federal appeals court on Sunday declined to stop officials in Utah from issuing marriage licenses to same-sex couples following a judge's ruling last week that overturned the state's ban on gay marriage.
  • AP: Narrow ruling rejects Ohio gay marriage ban

    12/23/2013 9:46:52 AM PST · by Oliviaforever · 21 replies
    CINCINNATI (AP) — A federal judge has declared in a ruling that applies only to death certificates that Ohio's ban on gay marriage is unconstitutional. In his decision Monday, Judge Timothy Black orders state officials to recognize such unions on death certificates. Although his ruling applies narrowly, his statements about Ohio's gay-marriage ban are sweeping and expected to incite further litigation challenging the law.
  • Gay marriage catches conservative Utah off guard

    12/21/2013 7:43:18 PM PST · by Olog-hai · 23 replies
    Associated Press ^ | Dec 21, 2013 7:39 PM EST | Michelle L. Price
    A day after a judge’s surprise ruling overturned Utah’s same-sex marriage ban, at least one county clerk intended to open early Saturday to issue licenses. About 40 minutes north of Salt Lake City, about 300 hundred people showed up at the Weber County Clerk’s Office on Saturday afternoon but were later turned away without marriage licenses. […] The confusion Saturday and reports of other crowds scrambling to find an open office illustrated how gay marriage caught many in Utah off guard. …
  • NJ court agrees to allow same-sex marriages Monday

    10/18/2013 2:33:03 PM PDT · by Olog-hai · 12 replies
    Associated Press ^ | Oct. 18, 2013 5:06 PM EDT | Geoff Mulvihill
    Same-sex marriages will begin within days in New Jersey after the state’s highest court ruled unanimously Friday to uphold a lower-court order that gay weddings must start Monday and to deny a delay that was sought by Gov. Chris Christie’s administration. … A judge on the lower court had ruled last month that New Jersey must recognize same-sex marriage and set Monday as the date to allow gay weddings. Christie, a Republican who is considered a possible 2016 presidential candidate, appealed the decision and asked for the start date to be put on hold while the state appeals. A spokesman...
  • French court: ID checks on minorities deemed legal

    10/02/2013 12:36:30 PM PDT · by Olog-hai · 14 replies
    Associated Press ^ | Oct 2, 2013 3:24 PM EDT | Elaine Ganley
    A French court on Wednesday rejected claims that police identity checks on 13 people from minority groups were racist, saying officers didn’t overstep any legal boundaries. … The French ruling comes amid a public furor over stop and frisk policies of the New York Police Department. But in that case, being closely watched here, a judge has ruled against NYPD practices said to discriminate against blacks and Hispanics. Anti-racism groups say that non-white French—particularly blacks or those of Arab origin—face routine discrimination that diminishes their chances of finding jobs, getting into nightclubs and carving out a place for themselves in...
  • New Jersey Judge: Same-Sex Couples Must Be Allowed to Marry

    09/27/2013 11:58:26 AM PDT · by Olog-hai · 42 replies
    NBC New York ^ | Friday, Sep. 27 2013 2:51 PM EDT
    A state court judge said in a ruling Friday that same-sex couples must be allowed to marry in New Jersey, and that the rights given to them under the state’s civil unions law are not equal to federal benefits now granted to married gay couples. Judge Mary Jacobson granted a summary judgment requested by Garden State Equality, which had claimed that the U.S. Supreme Court’s rejection of the federal Defense of Marriage Act meant that same-sex couples in civil unions in New Jersey were being denied equal protection. …
  • Scranton police/fire unions get $21M judgment against city; may seize assets

    09/21/2013 2:20:34 PM PDT · by DeaconBenjamin · 20 replies
    Scranton Times Tribune ^ | September 20, 2013 | By Jim Lockwood
    Scranton's police and fire unions have received a judgment against the city for the overdue $21 million that the city owes the unions from a landmark arbitration ruling. The money was due July 2, but the city has not yet paid and is still seeking borrowing or selling an asset to honor the bill, Mayor Chris Doherty said. But the judgment means the unions now can seize city assets and sell them to collect what is owed, said city solicitor Paul Kelly and the unions' attorney, Thomas Jennings. "Whenever a judgment is granted, you can go to the sheriff and...
  • Exclusive: Supreme Court's Ginsburg vows to resist pressure to retire

    07/04/2013 10:56:55 AM PDT · by Perdogg · 75 replies
    Yahoo ^ | July 4, 2013 | By Joan Biskupic | Reuters – 5 hours ago
    At age 80, Justice Ruth Bader Ginsburg, leader of the Supreme Court's liberal wing, says she is in excellent health, even lifting weights despite having cracked a pair of ribs again, and plans to stay several more years on the bench. In a Reuters interview late on Tuesday, she vowed to resist any pressure to retire that might come from liberals who want to ensure that Democratic President Barack Obama can pick her successor before the November 2016 presidential election.
  • Arizona Sheriff Joe Arpaio to appeal ruling in racial profiling case

    05/25/2013 11:26:59 AM PDT · by Olog-hai · 18 replies
    Fox News ^ | May 25, 2013
    Maricopa County Sheriff Joe Arpaio will appeal a federal judge’s ruling that his agency systematically singled out Latinos in its trademark immigration patrols, marking the first finding by a court that the agency racially profiles people. Tim Casey, the lead attorney representing America’s self-proclaimed toughest sheriff in the case, said an appeal of the finding that the agency racially profiles people was planned in the next 30 days. The decision by U.S. District Judge Murray Snow in Phoenix backs up years of allegations from Arpaio’s critics who say his officers violate the constitutional rights of Latinos in relying on race...
  • Supreme Court mulls review of federal gay marriage laws

    11/25/2012 10:50:44 AM PST · by 2ndDivisionVet · 38 replies
    A San Francisco couple is waiting to find out if the U.S. Supreme Court will take their case challenging the 1996 law that prohibits the federal government from recognizing same-sex marriages. Karen Golinski and Amy Cunninghis got married during the brief window in 2008 when gay and lesbian couples could tie the knot in California. Golinski immediately tried to add her wife to her employer-sponsored health care plan. But because she is married to another woman and works for the U.S. government, her otherwise routine request was denied...
  • Judge Denies Hobby Lobby's Morning-After Case

    11/19/2012 5:17:44 PM PST · by mikrofon · 32 replies
    ABC News ^ | 11/19/2012 | AP
    By TIM TALLEY Associated Press OKLAHOMA CITY November 20, 2012 (AP) A federal judge Monday rejected a request by Hobby Lobby Stores Inc. to block part of the new federal health care law that requires it to provide the morning-after and week-after birth control pills. In a 28-page ruling, U.S. District Judge Joe Heaton denied a request by Hobby Lobby to prevent the government from enforcing portions of the health care law that will require it to include contraceptives the company considers objectionable in its health insurance plan. The Oklahoma City-based arts and craft supply company and a sister...
  • Another Federal Judge Rules Defense of Marriage Act Unconstitutional

    05/25/2012 10:33:26 AM PDT · by kevcol · 50 replies
    KQED (Bay Area/CA) ^ | May 25, 2012 | News Staff and Wires
    (Bay City News) A federal judge ruled in Oakland that the state's public-employee pension system must make long-term care insurance equally available to same-sex spouses and partners. U.S. District Judge Claudia Wilken said a provision of the federal Defense of Marriage Act, or DOMA, is unconstitutional to the extent that it limits same-sex spouses of state workers in obtaining the insurance. . . Wilken said the DOMA ban violated the U.S. Constitution's guarantee of equal treatment. She wrote that there was no proof the DOMA provision was "rationally related to a legitimate government interest." . . In today's ruling, Wilken...
  • Marshall [R-Va] says 'sodomy is not a civil right'

    05/17/2012 7:08:16 PM PDT · by kevcol · 24 replies
    Richmond Times-Dispatch ^ | May 17, 2012 | Wesley Hester
    RICHMOND Va. -- In a testy interview today with CNN's Brooke Baldwin on the Virginia legislature's recent refusal to appoint openly gay Richmond prosecutor Tracy Thorne-Begland to a judgeship, Del. Robert G. Marshall, R-Prince William, declared that "sodomy is not a civil right." . . Marshall, a U.S. Senate candidate and one of the General Assembly's most conservative members, denied that he had lobbied against Thorne-Begland because he is gay, but instead termed him an "activist." . . "He can be a prosecutor if he wants to," Marshall said, "but we don't want advocates as judges." . . Marshall rejected...
  • Conservatives Split on Gingrich's Courts Plan

    12/19/2011 9:54:13 PM PST · by Jim Robinson · 70 replies · 1+ views
    FOX News ^ | Dec 19, 2011 | By Shannon Bream
    For nearly a decade, 2012 contender Newt Gingrich has been floating some controversial ideas aimed at reining in the federal judiciary. He's called that branch of government "grotesquely dictatorial" and elitist. Should he become president, Gingrich says he'll ignore Supreme Court decisions if they don't square with his interpretation of the Constitution or what he believes the country's founders intended. Gingrich says federal judges should be called before Congress to explain their decisions, suggesting Sunday that he'd even approve of arresting them if they refused to show up. It's an issue raised Thursday in Fox News' GOP debate in Iowa,...
  • Statement by Gov. Rick Perry: U.S. Senate Should Reject Nomination of Lib Judicial Activist Halligan

    12/06/2011 11:04:18 AM PST · by shield · 54 replies
    Rick Perry for President ^ | 6th December 2011 | Governor Rick Perry
    Statement by Gov. Rick Perry: U.S. Senate Should Reject Nomination of Liberal Judicial Activist Caitlin Halligan AUSTIN – Gov. Rick Perry today issued the following statement: “As New York Solicitor General, Caitlin Halligan used her liberal interpretation of the law to target pro-life Americans, gun owners, and gun manufacturers, and otherwise use the law as a liberal political tool. The last thing the American people need on the second highest court is another liberal judicial activist, like Ms. Halligan, who lacks respect for the U.S. Constitution. “The nomination of liberal activist Caitlin Halligan to the D.C. Circuit Court of Appeals...
  • Judicial Activism Goes Berserk

    10/08/2011 12:14:46 PM PDT · by BuckeyeTexan · 17 replies
    LawInjustice ^ | 10/08/2011 | Carey Branstetter
    In a pending civil lawsuit in a Texas Federal Court, a constitutional nightmare is occurring that could have ominous consequences for all Americans. In violation of the Constitution, The activist federal judge in this case has made a U.S. business owner essentially a slave without any due process or hearing. All of the relevant details of this profoundly disturbing case are summarized at case overview tab on No case in recent judicial history resembles more of a Stalinist show trial. The conduct appears to be more corruption than merely judicial activism and the litany of outrages occurring are almost...
  • Texas: Judge stays sonogram law (calls it state-ordered speech)

    08/31/2011 12:30:56 AM PDT · by Cincinatus' Wife · 38 replies
    Houston Chronicle ^ | August 30, 2011 | TODD ACKERMAN
    A federal judge in Austin on Tuesday ruled that key components of Texas' abortion-sonogram law are unconstitutional, stopping the state from enforcing it until a court rules on a legal challenge filed on behalf of several obstetrician-gynecologists. U.S. District Judge Sam Sparks said...the law, which was to take effect Thursday, violates the free speech rights of doctors and patients. He ordered that the state cannot impose penalties against doctors who don't fulfill its requirements. "The Act's onerous requirements will surely dissuade or prevent many competent doctors from performing abortions, making it significantly more difficult for pregnant women to obtain abortions,"...
  • Gov. Rick Scott says senators want court to push their failed rail policies (suing Scott on HSR)

    03/03/2011 3:17:16 AM PST · by Cincinatus' Wife · 27 replies
    St. Petersburg Times ^ | Janet Zink Times/Herald Tallahassee Bureau
    TALLAHASSEE — Gov. Rick Scott says two state senators suing him because he rejected federal money to build high-speed rail want the court to push their failed policies. His sometimes stinging response filed Wednesday with the Florida Supreme Court calls them "senators whose policy preferences have not prevailed in the political process." Republican Thad Altman and Democrat Arthenia Joyner filed the lawsuit Tuesday, saying Scott overstepped his executive authority by killing the project after the Legislature approved it and appropriated money for it. Oral arguments in the case are set for 3 p.m. today. Both sides have asked the court...
  • '3 strikes' sentence overturned for lack of jury

    02/10/2011 12:34:03 PM PST · by SmithL · 2 replies
    San Francisco Chronicle ^ | 2/10/11 | Bob Egelko, Chronicle Staff Writer
    A federal appeals court has overturned the 25-years-to-life sentence of a South Bay man who was caught driving while intoxicated in 1999, six years after a drunken accident that killed a passenger. A Santa Clara County judge based his decision to sentence Rick Wilson under California's "three strikes and you're out" law on findings he made about Wilson's previous crime. That violated Wilson's right to have a jury decide those questions, the Ninth U.S. Circuit Court of Appeals in San Francisco said in a 2-1 ruling Tuesday. The court cited a 2000 U.S. Supreme Court decision that entitles defendants to...
  • N.J. Supreme Court weighs state's obligations to school funding during recession

    01/07/2011 5:33:42 AM PST · by Titus-Maximus
    Star Ledger ^ | 1/6/2011 | Chris Megerian
    TRENTON — Wednesday’s long argument over funding New Jersey schools returned to the state Supreme Court, where stark battle lines were drawn. The Newark-based Education Law Center, which advocates for needy students, argued that cuts in school funding made by Gov. Chris Christie and the Legislature last year violate the state’s constitutional obligations. It wants the state ordered to fully bankroll the court-approved school funding formula. In response, the state argues that cuts to education couldn’t be avoided because of the recession — and that the court has no role in how the state spends its money because there’s no...
  • Regensburg Gymnasium Must Remove its Cross

    11/15/2010 9:20:49 PM PST · by 0beron · 6 replies
    The Eponymous Flower ^ | 11/15/2010 | Tancred
    The Cross in the classroom was removed in the Albert-Magnus Gymnasium after a protest from parents. Even the morning school prayer was reduced to a good morning meditation prayer circle. Regensburg [] As one father weighed in, the cross was removed from Albert-Magnus Gymnasium's classroom and the usual school prayer was mangled into a neutral good morning circle meditation. This was reported in the Mittelbayrische Zeitung. With this we see the effect Crucifix-ruling of the Federal Constitutional Court.
  • Arizona Gov. Jan Brewer slams 'foreign interference' in immigration lawsuit

    10/06/2010 7:28:01 PM PDT · by goldendays · 35 replies ^ | 10/06/2010 | SCOTT WONG |
    Jan Brewer is asking a federal court to disallow foreign governments from joining the federal lawsuit. | AP Photo Close By SCOTT WONG | 10/6/10 9:57 AM EDT Updated: 10/6/10 7:21 PM EDT In a new twist in the fight over Arizona’s immigration law, Republican Gov. Jan Brewer on Tuesday asked a federal court to disallow foreign governments from joining the U.S. Department of Justice lawsuit to overturn the law. The move comes in response to a 9th Circuit Court of Appeals ruling issued Monday, allowing nearly a dozen Latin American countries — Mexico, Argentina, Bolivia, Brazil, Costa Rica, Ecuador,...
  • Iowans Seek to Sack Three Judges who Legalized Gay “Marriage”

    09/09/2010 2:24:38 PM PDT · by topher · 63 replies ^ | September 9, 2010 | By Peter J. Smith
    Thursday September 9, 2010 Iowans Seek to Sack Three Judges who Legalized Gay “Marriage” By Peter J. SmithDES MOINES, Iowa, September 9, 2010 ( – Retired U.S. Supreme Court Justice Sandra Day O’Connor on Wednesday waded into a unique state electoral battle, where conservatives are seeking to recall from the bench three state Supreme Court justices that legalized same-sex “marriage” in 2009. Speaking at a panel organized by the Iowa State Bar Association in the Hotel Fort Des Moines, O'Connor asserted that “the judges should not be subject to retaliation" from voters for the decisions they render.According to the...
  • Fed judge: [Federal] Gay marriage ban unconstitutional

    07/08/2010 2:09:02 PM PDT · by Pyro7480 · 116 replies · 1+ views
    AP (via MSNBC) ^ | 07/08/2010 | Denise Lavoie
    A U.S. judge in Boston has ruled that a federal gay marriage ban is unconstitutional because it interferes with the right a state to define marriage. U.S. District Judge Joseph Tauro on Thursday ruled in favor of gay couples' rights in two separate challenges to the 1996 Defense of Marriage Act. The state had argued the law denied benefits such as Medicaid to gay married couples in Massachusetts, where same-sex unions have been legal since 2004. Tauro agreed, and said the act forces Massachusetts to discriminate against its own citizens....
  • Christie fires NJ Supreme Court Justice. Huzzah!

    05/04/2010 11:48:04 AM PDT · by patriotgal1787 · 17 replies · 853+ views
    Publius' Forum ^ | May 4, 2010 | Warner Todd Huston
    Warner Todd Huston -- the "Publius" on the right hand side of the photo above -- caught my eye today with this post. It gives me faith that there are some honest elected representatives who still have America's best interests at heart. And this one in NEW JERSEY, yet!!! My favorite sentiment about the U.S. Supreme Court is from that rascal President Andrew Jackson. In 1832 the U.S. Supreme Court issued a decision in Worcester v. Georgia that Old Hickory wasn’t too happy with. In reply he is famous for the sentiment that the Court made its decision and proposed...
  • Dan Walters: California's judges play an ever bigger policy role

    03/19/2010 7:59:44 AM PDT · by SmithL · 4 replies · 216+ views
    Sacramento Bee ^ | 3/19/10 | Dan Walters
    As noted in this space countless times, California's government is broken, endemically incapable of addressing the state's most pressing policy issues. As the crisis has deepened, another factor has made itself increasingly evident – intervention by state and federal courts in what used to be political policy decision-making. The chronically unbalanced state budget is the most obvious example of the system's dysfunction. Any major financial decision discomfits someone. Those who feel aggrieved often go to court, seeking either to overturn or at least delay its implementation. One federal judge seized control of the prison health care system, saying the state...
  • Taser ruling sets standards for police, claims

    12/28/2009 9:24:51 PM PST · by SmithL · 97 replies · 1,564+ views
    San Francisco Chronicle ^ | 12/8/9 | Bob Egelko, Chronicle Staff Writer
    Police need reasons to believe a suspect is dangerous before firing a Taser and can't use their stun gun simply because the person is disobeying orders or acting erratically, a federal appeals court in San Francisco ruled Monday. The decision by the Ninth U.S. Circuit Court of Appeals sets judicial standards for police and for people who claim they were victims of excessive force after police hit them with a Taser dart. "The objective facts must indicate that the suspect poses an immediate threat to the officer or a member of the public," Judge Kim Wardlaw said in the 3-0...
  • Courts play referee role in California budget cutting

    12/28/2009 7:53:29 AM PST · by SmithL · 11 replies · 723+ views
    Sacramento Bee ^ | 12/28/9 | Kevin Yamamura
    During his first year in office, Gov. Arnold Schwarzenegger railed against state lawmakers, calling them "girlie men" and "obstructionists." As he enters his final year, Schwarzenegger is targeting a different branch of government: judges who "are going absolutely crazy." The Republican governor openly complains about the judiciary these days for blocking budget decisions and forcing California to find billions of dollars elsewhere. Recent judgments have contributed to the state's $20.7 billion projected deficit. Courts have ruled that California's attempts to divert transit and redevelopment money are illegal. They have found in some cases that the state cannot furlough workers. They...
  • Feds defy order to provide same-sex benefits

    12/18/2009 10:17:09 PM PST · by SmithL · 11 replies · 967+ views
    San Francisco Chronicle ^ | 12/18/9 | Bob Egelko, Chronicle Staff Writer
    SAN FRANCISCO -- The Obama administration refused Friday to follow a federal judge's order to provide insurance benefits to the wife of a lesbian court employee in San Francisco and said its hands were tied by a discriminatory law. "This issue shows exactly why Congress needs to repeal" the law, which prohibits federal benefits to same-sex couples, government lawyer Elaine Kaplan said in a message to attorneys for court employee Karen Golinski. One of Golinski's lawyers, Jenny Pizer of the gay-rights group Lambda Legal, said Kaplan's response was "something we might have expected from the Bush or Reagan administration, and...
  • Another Radical Judge

    11/10/2009 5:48:58 PM PST · by Kaslin · 6 replies · 909+ views ^ | November 10, 2009
    Federal Bench: Yet another judicial nominee seeks to impose the "empathy" standard on the courts. He thinks judges should base rulings on a plaintiff's status, legislate from the bench and amend the Constitution. Indiana federal judge David Hamilton stands poised to be confirmed by the U.S. Senate to assume a seat on the 7th Circuit Court of Appeals serving Illinois, Indiana and Wisconsin. He's a former fundraiser for Acorn and a former leader of the Indiana chapter of the American Civil Liberties Union. He is also another in a series of activist judges who believe the U.S. Constitution is not...
  • Edward Chen: Son Of Sotomayor

    10/29/2009 5:07:43 PM PDT · by raptor22 · 6 replies · 762+ views ^ | October 29, 2009 | INVESTORS BUSINESS DAILY Staff
    Judiciary: The nominee for a California federal district court is an ACLU activist and another advocate for the empathy standard of jurisprudence. He also has a problem with "America the Beautiful." The nomination of Edward Chen is the latest in a series of nominations of people who have no particular fondness for the traditions of law and justice. These nominees see racism everywhere, and believe the courts should be used as instruments of social justice and not to discern the intent of the Founding Fathers who wrote the U.S. Constitution. They believe their "life experience" should be the final arbiter...
  • Schwarzenegger to seek Supreme Court appeal of prison ruling

    09/01/2009 10:06:06 PM PDT · by SmithL · 6 replies · 337+ views
    SacBee: Capitol Alert ^ | 9/1/9 | Kevin Yamamura
    Gov. Arnold Schwarzenegger wants to file an appeal with the U.S. Supreme Court of a federal order to reduce the state's prison population by more than 40,000 inmates over the next two years, his office announced Tuesday. A federal three-judge panel last month ordered California officials to reduce the state's prison population because overcrowding has led to unconstitutional levels of care. The order required the state to present a reduction plan by Sept. 18. Schwarzenegger on Tuesday asked the panel to delay that order, a procedural move likely to be rejected. If that happens, the governor plans to file a...
  • CALIFORNIA: State ordered to reduce prison population

    08/04/2009 8:52:11 PM PDT · by SmithL · 21 replies · 1,351+ views
    San Francisco Chronicle ^ | 8/4/9 | Bob Egelko
    San Francisco -- A federal court panel ordered California on Tuesday to reduce the population of its bulging prisons by 40,000 over the next two years to meet constitutional standards for inmate health care, and said it could be done without releasing dangerous prisoners to the streets. "The convergence of tough-on-crime policies and an unwillingness to expend the necessary funds to support the population growth has brought California's prisons to the breaking point," the three-judge panel said. Unless the courts intervene, the panel said, inmates will continue to suffer and die needlessly because prisons lack the space and the staff...
  • The Rise of the Judges in 2010

    06/17/2009 11:58:40 AM PDT · by truthnomatterwhat · 10 replies · 556+ views
    The Voice magazine ^ | June 17, 2009 | Brian Burke
    Our greatest liberties come from the constitution. Having power hungry ideological judges misinterpret it, could only bring us back into the bondage of tyranny and oligarchy. The Founders of this great land were wise enough to put three branches of US Government in place, so one could keep the other in check, preventing unconstitutional governance. We are gradually losing this as a nation. Presidents, politicians and special interest groups lobby for Judicial nominees who would rule according to their ideology, while rejecting those who simply follow the guidance of the constitution of the United States. Yet something is brewing in...
  • California Supreme Court's ruling on same-sex marriage ban nears (Prop 8 ruling)

    05/21/2009 11:03:40 AM PDT · by CounterCounterCulture · 52 replies · 1,432+ views
    San Jose Mercury News ^ | 20 May 2009 | Howard Mintz
    California Supreme Court's ruling on same-sex marriage ban nears The clock is ticking down on the California Supreme Court's imminent decision on whether to uphold Proposition 8, the voter-approved ballot measure restoring the state's ban on same-sex marriage. Based on regulations that require the justices to rule within 90 days of oral arguments in a case, the Supreme Court's decision in the legal challenge to Proposition 8 now will fall on one of three remaining days: Tuesday or next Thursday, or June 1. The high court normally only rules on Mondays and Thursdays, but will issue rulings next Tuesday because...
  • Homosexual agenda 'tramples' religious freedom

    04/17/2009 11:03:49 AM PDT · by DesertRenegade · 5 replies · 531+ views
    One News Now ^ | April 17, 2009 | Pete Chagnon
    A pro-family leader says it will only be a matter of time before Vermont's homosexual "marriage" law will be challenged in court. Vermont's new law allowing homosexuals to "marry" contains strong religious exemptions. It states that members of the clergy are not required to "solemnize any marriage" and that the refusal to do so "shall not create any civil claim or cause of action." The law also states that any religious organization within the state will be exempt from providing goods, services, and benefits if those items are requested as part of a solemnization or celebration of a marriage that...
  • Iowa Same-Sex ‘Marriage’ Ruling an Assault on Midwestern Values

    04/03/2009 12:00:09 PM PDT · by DesertRenegade · 77 replies · 2,913+ views
    Americans for Truth ^ | April 3, 2009 | Peter LaBarbera
    Today Iowa becomes the first state not on either of the nation’s two liberal coasts to impose counterfeit, homosexual ‘marriage’ or its mischievous twin, ‘civil unions,’ on its citizens through judicial tyranny. To call this decision bankrupt is to understate its perniciousness. The evil genius of the pro-sodomy movement is that it targets noble institutions like marriage and adoption in the name of ‘rights,’ and then perverts and uses them to normalize aberrant and destructive behaviors. 'Homosexual ‘marriage’ is wrong because homosexual behavior itself is wrong and destructive – as proved by its role in the needless, early deaths of...
  • 41 Senate Republicans Send Letter To President Obama Urging Consultation On Judicial Nominees

    41 Senate Republicans Send Letter To President Obama Urging Consultation On Judicial Nominees March 2, 2009 President Barack H. Obama The White House 1600 Pennsylvania Avenue, NW Washington, D.C.  20500 Dear Mr. President: We look forward to working with you as you consider nominees for the federal judiciary.  Unfortunately, the judicial appointments process has become needlessly acrimonious.  We would very much like to improve this process, and we know you would as well.  It is in that spirit that we write early on to suggest two steps your Administration can take to achieve that shared goal.   First, in the beginning...
  • Calif. Supreme Court Could Strike Down Prop 8

    02/03/2009 11:11:08 PM PST · by nickcarraway · 52 replies · 3,131+ views
    NBC11 ^ | Tue, Feb 3, 2009
    The California Supreme Court announced Tuesday it will hear arguments on the constitutionality of Proposition 8, the state's ban on same-sex marriage, in San Francisco on March 5. The high court's written ruling on whether the voter initiative should be struck down will be due 90 days later. The measure, enacted by voters on Nov. 4, amended the state Constitution to provide that "only marriage between a man and a woman is valid or recognized in California." It overturned a decision in which the court said by a 4-3 vote in May that gay and lesbian couples have a constitutional...
  • Poll Shows Americans Wary About President Obama Appointing Activist Judges

    02/02/2009 11:21:29 AM PST · by wagglebee · 21 replies · 715+ views
    Life News ^ | 2/2/09 | Steven Ertelt
    Washington, DC ( -- For the pro-life movement, one of the biggest ramifications of the 2008 presidential election is a pro-abortion president who will appoint Supreme Court judges who will keep virtually unlimited abortions in place for decades longer. Now, a new poll suggests Americans are wary of such activist judges. Americans have long been concerned about judges making up the law from the bench, as the high court did in 1973 when it allowed abortion on demand via the Roe v. Wade and Doe v. Bolton decisions. Anyone who is curious about the attitude Americans have about President Barack...
  • Judges eye possible California inmate release plan

    12/04/2008 4:47:27 PM PST · by SmithL · 9 replies · 589+ views
    AP via SFGate ^ | 12/4/8 | DON THOMPSON, Associated Press Writer
    San Francisco, CA (AP) -- Three federal judges are considering whether they can force California to release 52,000 inmates to relieve crowded prisons without creating a public safety nightmare. The special panel seems persuaded by seven days of testimony that overcrowding in California prisons has led to unconstitutionally poor conditions for sick and mentally ill inmates. Now the judges must decide what to do about it. . . .
  • Misconduct charge dropped for judge who donated to Obama campaign

    11/19/2008 1:34:22 PM PST · by pissant · 18 replies · 1,030+ views
    Salt Lake Trib ^ | 11/19/08 | Matt Cannedham
    Utah's chief federal judge Tena Campbell will not face punishment for breaking the rules by donating to Barack Obama's presidential campaign. Because she admitted the error, promised to stop donating to candidates and publicly apologized, she will not face any serious sanction, according to Robert H. Henry, chief justice of the 10th Circuit Court of Appeals. Henry dropped a charge of judicial misconduct on Nov. 11, in a dismissal order that doesn't name Campbell, but the series of events it describes matches her case. The order also sheds new light on how she handled the violation once it was made...
  • Good News on the Law: Can President Obama Change the Supreme Court?

    11/07/2008 5:44:54 PM PST · by LikeLight · 52 replies · 1,926+ views
    Good News Daily ^ | 11/7/08 | Stephen L. Bloom, Esq.
    Good News on the Law: Can President Obama Change the Supreme Court?Date 11/07/08 | Topic: Life Today By Stephen L. Bloom Esq.Good News Daily It’s no exaggeration to say that the lives, liberty, and property of Americans (especially the lives of millions of unborn Americans) rest in the hands of the nine Justices of our Supreme Court. With stakes so high, will the election of Barack Obama bring sweeping change to the delicate balance of power on the nation’s top court? Will the rise of President Obama inevitably usher in a new Liberal majority of Supreme Court Justices? With so many...