Keyword: blackrobedtyrants

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  • The Fourth Circuit Runs Roughshod over Heller and the Second Amendment

    02/22/2017 12:26:00 PM PST · by Sgt_Schultze · 35 replies
    National Review ^ | 22 Feb 2017 | CHARLES C. W. COOKE
    Freed up by the Supreme Court’s ongoing reluctance to engage in depth with the Second Amendment, the Fourth Circuit has taken it upon itself to rewrite Heller en banc. In a 10-4 decision, issued yesterday afternoon, the court upheld Maryland’s ban on both “assault weapons” and “high capacity magazines.” By so doing, it deprived the people of Maryland, the Carolinas, and the Virginias of the core protections to which the Constitution entitles them. As Judge Traxler’s dissent pointedly establishes, the majority achieved this transformation by contriving “a heretofore unknown ‘test,’ which is whether the firearm in question is ‘most useful...
  • Trump Could Simply Ignore Court’s Order Halting Travel Ban

    02/08/2017 9:42:04 AM PST · by Sean_Anthony · 60 replies
    Canada Free Press ^ | 02/08/17 | Selwyn Duke
    Betrayed the letter and spirit of our nation's founding: Allowed the courts to run amok. We can continue drinking the judicial-supremacy Kool-Aid, committing national suicide, or we can drain the swamp infested with with black-robed tyrants Does our current status quo make our Constitution a suicide pact? Thomas Jefferson certainly said as much, warning that accepting judicial supremacy would make our founding document just that, a felo de se, as he put it in Latin. Acceptance of judicial supremacy, by the way, is precisely why President Trump’s temporary ban on immigration from seven Muslim-majority nations is on hold. Imagine that,...
  • 'Muslim ban' injunction is a judicial coup against President Trump (unconstitutional)

    02/04/2017 4:35:48 AM PST · by NYer · 81 replies
    American Thinker ^ | February 4, 2017 | Ed Straker
    Federal district Judge James Robart of Seattle ordered a complete, nationwide temporary restraining order against President Trump's temporary ban on visitors from seven Middle Eastern countries.  If you read the ruling as I have, you can see this is clearly unconstitutional on its face, and constitutes a judicial coup against President Trump and the executive branch. 1) The standards for granting a temporary restraining order are quite high. The plaintiff must show that he is likely to succeed on the merits, and would suffer irreparable harm if the injunction were not granted.  Here the people from the excluded countries cannot...
  • Judge Stays Most of Ohio Gay Marriage Ruling

    04/16/2014 10:01:08 AM PDT · by SeekAndFind · 121 replies
    ABC News ^ | 04/16/2014 | AMANDA LEE MYERS
    Ohio officials must immediately recognize the same-sex marriages of four couples who sued over the state's gay marriage ban, a federal judge said Wednesday, while staying the broader effects of his ruling to avoid "premature celebration and confusion" in case it's overturned on appeal. Judge Timothy Black stayed his ruling ordering Ohio to recognize the marriages of gay couples who wed in other states pending appeal in the 6th U.S. Circuit Court of Appeals in Cincinnati. The appeals process likely will take months. Had Black not issued the stay, all married gay couples living in Ohio would have been able...
  • New Jersey: Court Upholds Man Arrested For Visible Gun Case In Car

    05/28/2013 6:19:11 PM PDT · by KOZ. · 125 replies ^ | 5/27/2013 |
    New Jersey: Court Upholds Man Arrested For Visible Gun Case In Car New Jersey appellate court upholds five-year sentence for ex-cop who was driving with his legally owned guns. Readington TownshipMotorists driving through New Jersey can be subjected to a warrantless search if their luggage is similar in appearance to a gun case, an appellate court ruled last week. The Superior Court's Appellate Division upheld a five year prison sentence against Dustin S. Reininger, a former police officer who was in the process of moving from Maine to Texas when a Readington Township police officer recognized the cases in the...
  • Judge: Americans have no right to choose food

    10/06/2011 5:05:22 AM PDT · by tutstar · 126 replies
    WND ^ | 10 6 2011 | Bob Unruh
    A Wisconsin judge has decided – in a fight over families' access to milk from cows they own – that Americans "do not have a fundamental right to consume the milk from their own cow." The ruling comes from Circuit Court Judge Patrick J. Fiedler in a court fight involving a number of families who owned their own cows, but boarded them on a single farm. The judge said that's a "dairy farm" and is subject to the rules and regulations of the state of Wisconsin. "It's always a surprise when a judge says you don't have the fundamental right...
  • Breaking: 4th Circuit Rejects Two Obamacare Challenges on Procedural Grounds

    09/08/2011 9:48:27 AM PDT · by maggief · 31 replies
    Forbes ^ | September 8, 2011 | Avik Roy
    Today, the U.S. Court of Appeals for the Fourth Circuit has rejected two Obamacare constitutional challenges, on the creative premise that the individual mandate is a tax, and that the Anti-Injunction Act requires that a tax already be implemented in order for plaintiffs to have standing to sue on the basis that a tax is unconstitutional.
  • Federal judge blocks Ala. illegal immigration law

    08/29/2011 12:27:09 PM PDT · by Second Amendment First · 352 replies
    AP ^ | August 29, 2011
    A federal judge temporarily blocked enforcement of Alabama's new law cracking down on illegal immigration, ruling Monday that she needed more time to decide whether the law opposed by the Obama administration, church leaders and immigrant-rights groups is constitutional. The brief order by U.S. District Judge Sharon L. Blackburn means the law won't take effect as scheduled on Thursday. The ruling was cheered by opponents who have compared the law to old Jim Crow-era statutes against racial integration. But Blackburn didn't address whether the law is constitutional, and she could still let all or parts of the law take effect...
  • Appeals Court in Ohio Upholds Health Law (Requirement to buy Health Insurance is Constitutional)

    06/29/2011 11:05:59 AM PDT · by Recovering_Democrat · 204 replies
    Wall Street Journal ^ | 6/29/11 | P Landers
    A federal appeals court in Cincinnati on Wednesday upheld the health-care law passed by Congress last year, saying the law's requirement for most Americans to carry insurance or pay a penalty is constitutional. The vote was 2-1 on the three-judge panel on the key question of whether the insurance requirement exceeded Congress's powers under the Commerce Clause of the U.S. Constitution. The majority concluded that it did not.
  • 4th Amendment Dead, SCOTUS dancing on grave

    05/16/2011 11:44:39 AM PDT · by jonascord · 154 replies
    US Supreme Court, Kentucky vs King ^ | May 16, 2011 | SCOTUS
    The Fourth Amendment expressly imposes two requirements:All searches and seizures must be reasonable; and a warrant may notbe issued unless probable cause is properly established and the scope of the authorized search is set out with particularity. Although“ ‘searches and seizures inside a home without a warrant are pre-sumptively unreasonable,’ ” Brigham City v. Stuart, 547 U. S. 398, 403, this presumption may be overcome when “ ‘the exigencies of the situation’ make the needs of law enforcement so compelling that [a]warrantless search is objectively reasonable under the Fourth Amendment,”
  • Wisconsin Fight Goes to Court

    03/29/2011 12:58:38 PM PDT · by prairiebreeze · 28 replies
    NRO ^ | March 28, 2011 | Robert Costa
    As the dust settles in Madison, Wisconsin Republicans face a troubling coda: Gov. Scott Walker’s budget-repair bill is being tripped up in the courts. Union heavies smell blood. And the unruly parade of lefty activists and hulking Teamsters that occupied the state capitol for weeks is back for a bruising final round. On paper, at issue is whether senate Republicans violated the state’s open-meeting laws. In mid-March, after a three-week stalemate, GOP lawmakers hustled Walker’s bill to the floor. The senate clerk approved the maneuver. But 14 Democratic state senators, on the lam in Illinois, howled in absentia. So did...
  • Brian Aitken’s Mistake - An outrageous gun prosecution in New Jersey

    03/28/2011 4:46:25 PM PDT · by neverdem · 59 replies
    Reason ^ | March 2011 | Radley Balko
    Sue Aitken called the police because she was worried about her son Brian. She now lives with the guilt of knowing her phone call is the reason Brian wound up sitting in a New Jersey prison. If it weren’t for a commutation of his sentence from the governor’s mansion, he would be stuck there for the next seven years. Aitken was sentenced in August for felony possession of a handgun. Before his arrest, Aitken, the owner of a media consulting business, had no criminal record. By all appearances he made a good-faith effort to comply with the stringent New Jersey...
  • Police state in electronic age?

    01/05/2011 11:23:52 AM PST · by Coleus · 13 replies
    The California Supreme Court ruled on Monday that police can search cell phone text messages of an arrested person without any warrant, and asserted that those arrested have no privacy rights over any personal belongings on them when they are taken into custody.  The 5-2 split verdict of the court settled a challenge to an appeals court judgment related to the arrest and trial of a drug dealer in 2007, but many see the verdict as a fresh encroachment by the government apparatus into the sphere of privacy rights and personal liberty.  Significantly, in a dissenting note, two judges...
  • Sex offender parolees test Jessica's Law housing limits in court

    12/22/2010 3:39:36 PM PST · by SmithL · 10 replies · 1+ views
    Contra Costa Times ^ | 12/22/10 | John Simerman
    Hundreds of paroled sex offenders are winning reprieves from a ban against their living near schools or parks as they flood local courts with constitutional challenges to the most controversial part of Jessica's Law. Judges in Contra Costa and elsewhere have routinely issued stays permitting sex offender parolees to ignore the ban on their living within 2,000 feet of a school or park where children "regularly gather," pending rulings in their cases. The slow pace of those challenges means the stays could last until their parole terms expire and the restrictions no longer affect them. In the East Bay, at...
  • Brian Aitken's Mistake. A NJ man gets seven years for being a responsible gun owner.

    11/16/2010 12:24:09 AM PST · by The Magical Mischief Tour · 74 replies · 1+ views
    Reason Magazine ^ | 11/15/2010 | Radley Balko
    Sue Aitken called the police because she was worried about her son, Brian. She now lives with the guilt of knowing that her phone call is the reason Brian spent his 27th birthday in a New Jersey prison last month. If the state gets its way, he will be there for the next seven years. Aitken was sentenced in August after he was convicted of felony possession of a handgun. Before his arrest, Aitken, an entrepreneur and owner of a media consulting business, had no criminal record, and it appears he made a good-faith effort to comply with New Jersey's...
  • How can New Jersey imprison a gun owner who broke no laws?

    10/19/2010 9:17:19 PM PDT · by Neil E. Wright · 45 replies · 1+ views
    Gun Rights Examiner ^ | October 19, 2010 | David Codrea
    "Hey David," the Facebook message began, "Thought you might be interested in Brian Aitken, in jail in NJ for 7 years for owning legal guns." I get people approaching me all the time wanting me to write about their legal cases. Most of the time, I get very subjectively-recounted narratives with very little to substantiate, and even less on what the defendants may have actually done. Experience has made me naturally wary of jumping on such bandwagons without investigation.Here's what I've found.His supporters have established the "Free Brian Aitken" Facebook page. Mission: To help free Brian Aitken, an innocent gunowner...
  • Judge Will Let DOJ Suit Against Arizona Proceed

    10/12/2010 12:10:52 PM PDT · by roses of sharon · 39 replies
    From the Courthouse News Service, a federal district judge has rejected a motion to dismiss the suit brought by the Obama Justice Department against the state of Arizona: PHOENIX (CN) – A federal judge rejected motions in which Gov. Jan Brewer, Maricopa County Sheriff Joe Arpaio and Pinal County Sheriff Paul Babeu sought dismissal of a lawsuit challenging the constitutionality of Arizona’s new immigration law. The complaint filed by civil rights groups, including Friendly House and the American Civil Liberties Union, contains sufficient allegations that S.B. 1070 perceptibly impairs the ability of the organizational plaintiffs to provide the services that...
  • Supreme Court Justice Breyer Open to Banning Koran Burning

    09/14/2010 6:19:55 AM PDT · by kristinn · 347 replies · 3+ views
    Tuesday, September 14, 2010 | Kristinn
    U.S. Supreme Court Justice Stephen Breyer has expressed a willingness to ban protesters from burning the Koran as the modern day equivalent of shouting fire in a crowded theater.The Supreme Court has ruled burning the American flag in protest is protected speech under the First Amendment of the Constitution.Breyer spoke to George Stephanopoulos on ABC's Good Morning America today:But Supreme Court Justice Stephen Breyer told me on "GMA" that he's not prepared to conclude that -- in the internet age -- the First Amendment condones Koran burning.“Holmes said it doesn’t mean you can shout 'fire' in a crowded theater,” Breyer...
  • Judge Blocks Parts Of Arizona Immigration Law

    07/28/2010 10:29:45 AM PDT · by edpc · 478 replies · 16+ views
    AP via Yahoo News ^ | 28 July 2010 | JACQUES BILLEAUD and AMANDA MYERS
    PHOENIX – A judge has blocked the most controversial sections of Arizona's new immigration law from taking effect Thursday, handing a major legal victory to opponents of the crackdown. The law will still take effect Thursday, but without many of the provisions that angered opponents — including sections that required officers to check a person's immigration status while enforcing other laws.
  • Court: Man who shot friend has earned parole

    06/07/2010 6:49:31 PM PDT · by SmithL · 1 replies · 10+ views
    San Francisco Chronicle ^ | 6/7/10 | Bob Egelko, Chronicle Staff Writer
    SAN FRANCISCO -- A man who shot and wounded a friend in Berkeley in 1991 because he thought the man had stolen his money and a necklace should be released from prison, a federal appeals court has ruled in a rare repudiation of the state parole board. Damon Cooke, a financial consultant with no criminal record before his conviction for attempted murder, has mentored other inmates and has done nothing to support the board's conclusion in 2002 that he would be dangerous if released, said the Ninth U.S. Circuit Court of Appeals in San Francisco.Although state courts have been overturning...