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Keyword: dredscott

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  • The Lone Man Resisting Judicial Tyranny

    07/03/2016 12:41:19 PM PDT · by T Ruth · 27 replies
    The Stand ^ | Monday, May 9, 2016 | Bryan Fischer
    The Constitution gives absolutely no authority, none, to the federal government to dictate marriage policy to the states. *** *** When the Obergefell case was decided by the Supreme Court, its ruling legally applied only to the plaintiffs before it, as is true in any case before any court. The concept of “judicial review” - in which the Court, and not Congress, gets to decide what the law is - is not found in the Constitution anywhere. It was invented out of the ether by Chief Justice John Marshall in 1803 as a way for the Court to grant dictatorial...
  • Dred Scott Decision Still Resonates Today [March 6, 1857]

    03/08/2016 10:37:11 AM PST · by iowamark · 82 replies
    On March 6, 1857, the Supreme Court handed down its decision in the Dred Scott case, which had a direct impact on the coming of the Civil War and Abraham Lincoln’s presidency four years later. The case of Dred Scott v. Sandford was one of the most controversial decisions in the court’s history. At the time, the Supreme Court’s majority came from pro-slavery states or had connections to pro-slavery presidents. The case had been in the court system for more than a decade. Scott had been born into slavery in 1795. In subsequent years, he lived in two parts of...
  • Nuns on the Bus: Dispatches From a Papal Road Trip

    09/24/2015 7:39:05 PM PDT · by Citizen Zed · 7 replies
    Rolling Stone ^ | 9-24-2015 | TARA MURTHA
    When the nuns first hit the road in 2012, their mission was to collect stories of economic oppression in protest of the Paul Ryan budget — in defiant response to Pope Benedict XVI's startling decision to launch an investigation into the Leadership Conference of Women Religious, an umbrella group that represents more than 80 percent of religious sisters in the United States. The investigation was an outright attack on women's role in the Church and was referred to as "a crackdown on American nuns." Their alleged transgression was spending too much time on social justice issues, and promoting "certain radical...
  • Why the Supreme Court is not Supreme

    08/31/2015 1:14:30 PM PDT · by Kaslin · 22 replies ^ | August 31, 2015 | Matt Barber
    “Judicial activism occurs when judges write subjective policy preferences into the law rather than apply the law impartially according to its original meaning.” – The Heritage Foundation To vocal opponents of judicial activism, this comes as little surprise. The U.S. Supreme Court has suffered a major credibility blow in the wake of its politically motivated 5-4 Obergefell v. Hodges “gay marriage” opinion. In it, they presumed to do the impossible – both redefine the age-old institution of natural marriage and to give this fictional definition precedence over freedoms actually enumerated in the Bill of Rights. According to Rasmussen, only “36...
  • Democrats on civil rights: Bullet or bribe? (...history of discrimination, dependency)

    07/28/2015 8:33:15 AM PDT · by Perseverando · 9 replies
    WND ^ | July 27, 2015 | Bill Federer
    Booker T. Washington In 1857, the Supreme Court, with seven of the nine justices being Democrat, decided that Dred Scott was not a citizen, but property. Chief Justice Roger Taney, appointed by Democrat President Andrew Jackson, wrote that slaves were “so far inferior … that the Negro might justly and lawfully be reduced to slavery for their own benefit.” After the Civil War, the 13th Amendment was adopted Dec. 6, 1865, abolishing slavery in America. Once Southern Democrats were forced to free their slaves, they attempted to effectively re-enslave them by passing “Black Codes” and “Jim Crow Laws” which...
  • Obergefell: The Dred Scott of Our Time

    07/12/2015 3:40:12 PM PDT · by DWW1990 · 10 replies ^ | 7/12/15 | Trevor Thomas
    In 1854, around one single issue—opposition to slavery—the Republican Party was formed. As historian David Barton notes, “The Republican agenda was clear, for every platform since its inception had boldly denounced slavery. In fact, when the U. S. Supreme Court delivered the 1857 Dred Scott ruling protecting slavery and declaring that Congress could not prohibit it even in federal territories, the Republican platform strongly condemned that ruling and reaffirmed the right of Congress to ban slavery in the territories. But setting forth an opposite view, the Democrat platform praised the Dred Scott ruling, and the continuation of slavery, and also...
  • Mike Huckabee: Conservatives Can Ignore Gay Marriage Ruling Like Lincoln Ignored Dred Scott

    06/27/2015 9:34:27 PM PDT · by Steelfish · 19 replies
    WashingtonTimes ^ | June 27, 2015 | Valerie Richardson
    Mike Huckabee: Conservatives Can Ignore Gay Marriage Ruling Like Lincoln Ignored Dred Scott By Valerie Richardson - The Washington Times June 27, 2015 DENVER — Former Arkansas Gov. Mike Huckabee suggested Saturday that conservatives treat the Supreme Court’s gay marriage decision like Abraham Lincoln treated the high court’s pro-slavery ruling in Dred Scott: Ignore it. “They can do same thing that Abraham Lincoln did about the Dred Scott decision of 1857,” Mr. Huckabee said at the Western Conservative Summit. “The Dred Scott decision said that African-Americans were not fully human, that they need not be treated as fully human.”
  • Another Dred Scott Ruling?

    03/12/2015 11:17:06 AM PDT · by Kaslin · 12 replies ^ | March 12, 2015 | Ken Blackwell
    As the U.S. Supreme Court prepares to consider whether to overturn the marriage laws of all the states—as some activist federal judges have already done in some of the states--conservatives are naturally calling for judicial restraint. We must warn the court against another exercise of “raw judicial power” like that handed down with its infamous 1973 Roe v. Wade ruling. That cruel and unjust ruling is viewed as illegitimate by tens of millions of Americans. Young people, especially, are turning against abortion-on-demand. We see this in every pro-life march. And this public outcry is being translated into a bumper crop...
  • The case for imposing gay ‘marriage’ is remarkably similar to that for slavery...

    03/02/2015 6:33:27 AM PST · by wagglebee · 27 replies
    LifeSiteNews ^ | 2/27/15 | Michael Stokes Paulsen
    February 27, 2015 ( -- No, of course Old Abe never said a lick about same-sex marriage. The idea would have been unheard of in the 1850s—or even the 1950s. The issue of Lincoln’s day was slavery—in particular, the extension of that peculiar institution into federal territories and even into free states. But in connection with the slavery issue, Lincoln had plenty to say about the use and abuse of judicial authority to propagate social policy and about the dangers of judges usurping legislative authority. The man whose birth we honored two weeks ago thus spoke, indirectly, to one of the central controversies...
  • State Legislators Renew Battle Against Same-sex Marriage Decrees

    01/30/2015 12:08:11 PM PST · by Tolerance Sucks Rocks · 29 replies
    The New American ^ | January 30, 2015 | Jack Kenny
    In what has been described as a new front in the battle over same-sex marriage, legislators in several states under judicial orders to confer marital status on same-sex couples have introduced bills to forbid state or local officials from issuing marriage licenses to couples of the same gender. The bills would also strip the salaries of employees who issued the licenses, the New York Times reported Thursday.The bills have been introduced in the legislatures of Oklahoma, South Carolina, and Texas, with South Carolina also considering a bill that would allow officials to opt out of issuing such licenses if it...
  • The Death of Taney

    10/16/2014 9:05:49 PM PDT · by iowamark · 61 replies
    On Oct. 12, 1864, President Abraham Lincoln must have breathed a bit easier. Not because the war was over — it would last another six months. Not because he had been re-elected — the election remained nearly a month away. And not because Gen. William T. Sherman had begun his decisive march through Georgia — the general was still holding Atlanta. While much remained unsettled, Lincoln’s achievements as president seemed more secure that autumn day because the president learned that his old nemesis Roger B. Taney, the Maryland-born chief justice of the Supreme Court, had died. Ever since Taney had...
  • 100 Years Ago: Why Bankers Created the Fed

    12/23/2013 3:22:13 PM PST · by BfloGuy · 138 replies
    The Mises Daily ^ | 12/23/2013 | Christopher Westley
    It is little wonder that early Democrats garnered such popular support and would demand Andrew Jackson end America’s experiment with central banking. Jackson called it “dangerous to the liberty of the American people because it represented a fantastic centralization of economic and political power under private control.” It’s hard to believe that guy who said that is now on the $20 bill. Jackson also warned that the Bank of the United States was “a vast electioneering engine” that could “control the Government and change its character.” These sentiments were echoed by Roger Taney, Jackson’s Treasury Secretary, who talked of the...
  • The Zimmerman Verdict: Shades of Dred Scott (Yes, they're going there already)

    07/16/2013 10:47:44 PM PDT · by 2ndDivisionVet · 43 replies
    EURWeb ^ | July 16, 2013 | Lloyd "Kam" Williams
    “Southern trees bear a strange fruit Blood on the vines and blood at the root Black bodies swinging in the southern breeze Strange fruit hanging from the poplar tree Pastoral scene of the gallant south The bulging eyes and the twisted mouth Scent of magnolias, sweet and fresh Then the sudden smell of burning flesh” “Strange Fruit” by Abel Meeropol / Billie Holiday *I was quite dismayed by the George Zimmerman acquittal. It’s almost as if nothing has changed in the 5 years since Obama was elected, in the last 50 years since the Voting Rights Act was passed, or...
  • Just One Small Point ...

    03/12/2013 8:48:00 AM PDT · by Kaslin · 1 replies ^ | March 12, 2013 | Paul Greenberg
    "Law sharpens the mind by narrowing it." --Edmund Burke . . Our governor here in Arkansas now has vetoed not one but two anti-abortion bills that made it past the state legislature this session. One bill sought to protect the unborn starting at the 20th week of pregnancy. The other would go into effect after 12 weeks' gestation if a fetal heartbeat could be detected. Both are now law, passed over the governor's objections. The Hon. Mike Beebe is ordinarily the most reasonable and agreeable of men -- even if he is a lawyer by trade and a politician by...
  • NAPOLITANO: Akin absurdity aside, rape never justifies abortion

    08/23/2012 8:39:41 PM PDT · by Tolerance Sucks Rocks · 55 replies
    The Washington Times ^ | August 22, 2012 | Andrew P. Napolitano
    The criticisms of the recent absurd comments by Missouri Republican Rep. Todd Akin, who at this writing is his party’s nominee to take on incumbent Missouri Democratic Sen. Claire McCaskill in November in a contest he had been expected to win, have focused on his clearly erroneous understanding of the human female anatomy. In a now infamous statement, in which he used the bizarre and unheard-of phrase “legitimate rape,” the congressman gave the impression that some rapes of women are not mentally or seriously resisted. This is an antediluvian and misogynistic myth for which there is no basis in fact...
  • My take on the ObamaCare decision

    07/02/2012 11:21:51 AM PDT · by OldNavyVet · 20 replies
    Old Navy Vet ^ | 2 July 2012 | Old Navy Vet
    My take on the ObamaCare decision, based upon 1857 Dred Scott decision.
  • Rush Limbaugh bust for Hall of Famous in Missouri

    03/12/2012 4:40:42 AM PDT · by Lattero · 4 replies · 1+ views
    Politico ^ | 3/6/12 | Tim Mak
    The Hall of Famous Missourians will soon add a bust of Rush Limbaugh to its ranks, according to reports. Along with a bust of Dred Scott, the slave who sued for his own freedom in a famous 1857 case Dred Scott v. Sandford, the embattled talk radio personality will soon be added to the Hall. Continue Reading The sculpture is currently being made by sculptor E. Spencer Shubert, and, according to the St. Louis Post-Dispatch, is being paid for by private funds raised by the Speaker of the Missouri House. Limbaugh, a native of Cape Girardeau, Missouri,will be inducted into...
  • Republicans, Let us Honor Abraham Lincoln Today

    09/15/2003 6:37:23 AM PDT · by republicanwizard · 155 replies · 876+ views
    National Park Service ^ | 9/15/2003 | RepublianWizard
    Third Debate with Stephen A. Douglas at Jonesboro, Illinois September 15, 1858 MR. DOUGLAS' SPEECH. LADIES AND GENTLEMEN: I appear before you today in pursuance of a previous notice, and have made arrangements with Mr. Lincoln to divide time, and discuss with him the leading political topics that now agitate the country. Prior to 1854 this country was divided into two great political parties known as Whig and Democratic. These parties differed from each other on certain questions which were then deemed to be important to the best interests of the Republic. Whig and Democrats differed about a bank, the...
  • Dred Scott's Revenge - By applying positivism instead of natural law, 19th century courts...

    05/14/2009 7:45:29 PM PDT · by neverdem · 25 replies · 1,116+ views
    Reason ^ | May 14, 2009 | Andrew Napolitano
    By applying positivism instead of natural law, 19th century courts burdened American racial history to this day. When Thomas Jefferson wrote in the Declaration of Independence that "all Men are created equal, that they are endowed by their Creator with certain inalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness," he could not have meant then what we understand these words to mean today. When the framers of the government wrote in the Constitution that "No person shall be...deprived of life, liberty, or property, without due process of law," and that the Constitution is "the supreme...
  • Harvard re-examines Dred Scott decision

    04/09/2007 7:08:03 AM PDT · by presidio9 · 136 replies · 1,990+ views
    Associated Press ^ | 04/08/07 | STEVE LeBLANC
    A century and a half after the Supreme Court ruled in the Dred Scott decision that no black — slave or free — could ever become a U.S. citizen, the case's legacy is still being debated. The fallout from the 1857 decision, which helped spark the Civil War, was the subject of a mock re-hearing of the case before a 10-member court led by Supreme Court Justice Stephen Breyer at Harvard Law School on Saturday. While the decision, issued by Chief Justice Roger B. Taney, is almost universally seen as the moral low point of the court's history, participants in...
  • Granddaughter of Famous US Black Slave Dred Scott Fights for Unborn Rights to End Abortion

    03/07/2007 3:41:15 PM PST · by wagglebee · 41 replies · 1,651+ views
    LifeSiteNews ^ | 3/7/07 | Hilary White
    ST. LOUIS, March 7, 2007 ( - In March 1856, a black slave named Dred Scott was judged by the US Supreme Court to be less than a person. Today his great, great granddaughter, Lynne Jackson, is pointing to the case as a beacon of hope that full human rights will be extended to all citizens, regardless of their age, size or degree of dependency. The March 6, 1857 Dred Scott decision ruled that any person descended from black Africans, whether slave or free, is not a citizen of the United States, according to the U.S. Constitution. Blacks, the ruling...
  • Infamous Dred Scott slavery case decision took place 150 years ago this week

    03/08/2007 9:07:26 AM PST · by lunarbicep · 892 replies · 6,522+ views ^ | Thursday, March 8, 2007 | BRYAN F. Le BEAU
    The framers of the United States Constitution believed that people of African descent “had no rights which the white man was bound to respect,” and that “the negro might justly and lawfully be reduced to slavery for his benefit…. [to be] bought and sold and treated as an ordinary article of merchandise and traffic, whenever profit could be made by it.” With reference to the words “all men are created equal” in the Declaration of Independence: “It is too clear for dispute that the enslaved African race was not intended to be included, and formed no part of the people...
  • the Republican Justices Dissented from the Dred Scott Decision

    03/06/2007 7:37:02 AM PST · by since 1854 · 36 replies · 995+ views
    The American Thinker ^ | March 6, 2007 | Michael Zak
    On this day in 1857, the Supreme Court announced its infamous Dred Scott v. Sanford decision. The slave, Dred Scott, having travelled in northern states, where he was free, was suing for his freedom after returning to Missouri. The Justices had been wrestling with how a person could be a slave, then free, then a slave again depending where he was. The solution for the seven Democrats on the Supreme Court (the two Republicans dissented) was that blacks could not be citizens anywhere, North or South, so they had no standing to sue in court for anything. Chief Justice Roger...
  • Dred Scott decision still haunts country, professor says (Mega Barf Alert)

    03/31/2006 7:20:24 AM PST · by Cat loving Texan · 65 replies · 1,703+ views
    Austin American Statesman ^ | 3/31/06 | Paul Thissen
    Analysis of an almost-150-year-old U.S. Supreme Court decision — the Dred Scott case — is important because it helps answer a contemporary question, said Harvard law professor Randall Kennedy: "Why are black people so angry?" Part of the answer is the racism inherent in the foundation of our government, he said, and it's not a historical artifact. "Do we still live in a pigmentocracy? Yeah, we live in a pigmentocracy," Kennedy said Thursday night. "Until it is a (case) that one can read and feel that it is repudiated, it will continue to have . . . a certain potency."...
  • This day in history,March 6,1857 Supreme Court rules in Dred Scott case

    03/06/2006 3:54:26 PM PST · by mdittmar · 1 replies · 267+ views
    History Channel ^ | March 6,2006 | History Channel
    The U.S. Supreme Court hands down its decision on Sanford v. Dred Scott, a case that intensified national divisions over the issue of slavery. In 1834, Dred Scott, a slave, had been taken to Illinois, a free state, and then Wisconsin territory, where the Missouri Compromise of 1820 prohibited slavery. Scott lived in Wisconsin with his master, Dr. John Emerson, for several years before returning to Missouri, a slave state. In 1846, after Emerson died, Scott sued his master's widow for his freedom on the grounds that he had lived as a resident of a free state and territory. He...
  • On this day (March 6, 1857) - Dred Scott v. Sanford decided

    03/06/2006 1:46:57 AM PST · by Tarkin · 6 replies · 612+ views
    From Wikipedia: Dred Scott was an American slave who was taken first to Illinois, a free state, and then to Minnesota, a free territory, for an extended period of time, and then back to the slave state of Missouri. After his original master died, he sued for his freedom. He initially won his freedom from a Missouri lower court, but the decision was reversed by the Missouri Supreme Court and remanded to the trial court. Simultaneously, Scott had filed suit in federal court, where, after prevailing on the issue of his status as a citizen of Missouri, he lost a...
  • Harriet Scott's burial place has been located (Dred Scott's Wife)

    03/05/2006 12:29:31 PM PST · by Recovering_Democrat · 1 replies · 590+ views
    STL TODAY ^ | 3/5/06 | Todd C. Frankel
    Somewhere in a north St. Louis County cemetery choked with weeds and surrounded by trash, where toppled tombstones poke through the brush, lies a legend of history. Harriet Scott, it turns out, is buried here, somewhere, at Greenwood Cemetery. For years, no one knew where she lay. They were uncertain even of when she died. Some assumed she rested next to her husband, Dred Scott, in St. Louis. His grave can be found at a tidy, well-marked spot in Calvary Cemetery, where only the grave of playwright Tennessee Williams receives more visitors.

    02/15/2006 2:40:12 PM PST · by Lesforlife · 9 replies · 723+ views ^ | February 15, 2006 | Jill Stanek
    Chicago is no longer my kind of town. It's a liberal Democrat kind of town. It's a town with a gay and lesbian center – funded by taxpayers. It's a town that aborts over 20,000 of its residents a year. It's Jesse Jackson's home town. It's a town where Republicans meet in catacombs. It's a town where even Catholic priests vote 4-to-1 Democrat. So imagine my surprise when last week the overpowered Cook County Republican Party issued a press release accusing Democrat tyrants of abusing their most prized possession, African Americans.
  • On Judge Alito, the San Francisco Chronicle is Unfit to be a Newspaper

    01/17/2006 3:20:20 PM PST · by Congressman Billybob · 49 replies · 1,962+ views
    Special to FreeRepublic ^ | 17 January 2006 | John Armor (Congressman Billybob)
    Today (Tuesday) the San Francisco Chronicle ran an editorial entitled, “Why Alito is the wrong choice.” Instead of demonstrating what it says, it demonstrates why the Chronicle has failed to do its homework as reporters, in preparing its editorial. Here’s why: The editorial begins with this statement: In some ways, Alito's taciturn approach to questions about the great constitutional issues of our time was similar to that of Chief Justice John G. Roberts Jr. But the distinction between the history of the two judges -- and the role of the justice they were nominated to replace -- are important. First,...
  • Rush Limbaugh: Rush Answers Abortion Question

    07/08/2005 6:06:03 PM PDT · by wagglebee · 118 replies · 3,290+ views ^ | 7/8/05 | Rush Limbaugh
    I've saved this and the response to it for today, Open Line Friday, to share with you. This woman is a subscriber at She said, "Rush..." Her name is Anita. "Rush, I'm a die-hard fan. Though I was raised to support a woman's right to choose, since becoming a mother and listening to you over these many years, I've come to strongly believe that abortion is wrong. But because I'm conservative and believe in property rights, I can't reconcile the government's involvement in the ultimate property right to your own body. Can you help me?" So I thought about...
  • Seeking info about more cases like Dred Scott

    04/01/2005 7:03:18 AM PST · by Fabozz · 8 replies · 310+ views
    I'm trying to find more cases like Dred Scott (in which the Supreme Court determined that African-Americans could never become citizens, for those who aren't familiar with it) in which the Supreme Court ruling was eventually overturned by executive order or Congressional legislature. Many thanks!
  • Terri Schiavo has passed away

    03/31/2005 6:55:11 AM PST · by Eurotwit · 2,923 replies · 74,367+ views
    CNN ^ | 3/31 1005 | CNN
    Breaking now on CNN
  • Michael Schiavo Files Request With the SCOTUS, USSC Refuses to Take Schiavo Case

    03/24/2005 7:22:09 AM PST · by ConservativeMan55 · 1,175 replies · 32,601+ views
    <p>Michael Schiavo has filed a petition with the Supreme Court asking them to stay out of the case.</p>

    03/23/2005 1:35:17 PM PST · by davidosborne · 455 replies · 28,520+ views ^ | LIVE |
    Link to LIVE Florida Senate DEBATE.. ABOUT TO VOTE
  • Picture of the children arresting for trying to bring Terry [Schiavo] water (God Bless Them!)

    03/23/2005 12:00:12 PM PST · by areafiftyone · 934 replies · 31,410+ views
    US News ^ | 3/23/05
    Pinellas Park police Lt. Kevin Riley, standing upper right, prepares to arrest members of the Keys family as they were attempting to bring Terri Schiavo water Wednesday morning, March 23, 2005 outside the Woodside Hospice in Pinellas Park, Fla. The Keys family, of Burnet, Tex., kneeling, from left, Josie, 14, Gabriel, 10, Chris, the children's father, and Cameron 12, were all taken into custody. Galen Keys, upper left, the children's mother looks on, but was not arrested.The mother insists it was the children's idea: "I am proud of them," said the boys' mother Geilen Keys from Texas, who was not...
  • 11th Circuit refuses to hear Terri Schiavo's case...

    03/23/2005 12:19:12 PM PST · by plewis1250 · 129 replies · 4,946+ views
    Per Sean Hannity
  • Gov. Jeb Bush Speaking At 3PM EST [Schiavo]

    03/23/2005 11:51:43 AM PST · by kingattax · 1,305 replies · 54,094+ views
    FoxNews | 3-23-2005
    On Fox News Channel, Martha McCallum just announced that Florida governor Jeb Bush will make a statement on the Terri Schiavo case at 3 PM EST.
  • Thomas Sowell: 'Cruel and unusual' punishment for being an inconvenience

    03/23/2005 7:27:44 AM PST · by JesseHousman · 24 replies · 1,635+ views
    Naples Daily News ^ | March 23, 2005 | Thomas Sowell
    If the tragic case of Terri Schiavo shows nothing else, it shows how easily "the right to die" can become the right to kill. It is hard to believe that anyone, regardless of their position on euthanasia, would have chosen the agony of starvation and dehydration as the way to end someone's life. A New York Times headline on March 20th tried to assure us: "Experts Say Ending Feeding Can Lead to a Gentle Death" but you can find experts to say anything. In a December 2, 2002 story in the same New York Times, people starving in India were...
  • GOP Reacts to Judge's Ruling Against Terri's Parents

    03/23/2005 8:00:47 AM PST · by Pendragon_6 · 78 replies · 1,561+ views
    CNS News ^ | 3-22-2005 | Jeff Johnson
    ( - President Bush's spokesman and Republican congressional leaders Tuesday expressed disappointment over a federal judge's rejection of an emergency request to reinsert Terri Schindler Schiavo's feeding tube. Tuesday was the fourth straight day that the brain injured Florida woman has been without nutrition or hydration. Her husband, Michael Schiavo, last week won a legal battle to have the feeding tube removed and maintains that Terri would not have wanted to live in her present condition. White House spokesman Scott McClellan, who was traveling with the president in Albuquerque, N.M., said Bush "would have preferred a different ruling" from U.S....
  • Schiavo 11th Circuit U.S. Court of Appeals Decision

    03/23/2005 12:21:22 AM PST · by peyton randolph · 274 replies · 6,676+ views
    U.S. Court of Appeals for the 11th Circuit ^ | 03/23/2005 | U.S. Court of Appeals for the 11th Circuit
    FILEDU.S. COURT OF APPEALSELEVENTH CIRCUITMarch 23, 2005THOMAS K. KAHNCLERK[PUBLISH]IN THE UNITED STATES COURT OF APPEALSFOR THE ELEVENTH CIRCUITNo. 05-11556D. C. Docket No. CV-05-00530-TTHERESA MARIA SCHINDLER SCHIAVO,incapacitated ex rel, Robert Schindler andMary Schindler, her parents and next friends,Plaintiffs-Appellants,versusMICHAEL SCHIAVO,as guardian of the person ofTheresa Marie Schindler Schiavo, incapacitated,JUDGE GEORGE W. GREER,THE HOSPICE OF THE FLORIDA SUNCOAST, INC.,Defendants-Appellees.--------------------------Appeal from the United States District Court for theMiddle District of Florida--------------------------(March 23, 2005)Before CARNES, HULL, and WILSON, Circuit Judges.PER CURIAM:Plaintiffs have appealed the district court’s denial of their motion for atemporary restraining order to require the defendants to transport Theresa MarieOur dissenting colleague says...
  • Harry Blackmun, our own Roger Taney

    01/18/2005 3:54:04 PM PST · by TBP · 12 replies · 598+ views
    No Violence Period ^ | April 9, 1994 | PAUL GREENBERG
    INDULGE me in a momentary historical fantasy. Suppose that Roger Brooke Taney had not gone down in American history as the principal author of what is now almost universally acknowledged as the worst decision in the history of American jurisprudence, Dred Scott vs. Sandford in 1857. Suppose the country had been shaped in the image of Chief Justice Taney's decision, which decreed that slaves could be carried anywhere in the union, and that Negroes could not be citizens under the Constitution, for they were ""regarded as being of an inferior order and altogether unfit to associate with the white race...
  • Strict Interpretation favors Abortion Restrictions (vanity)

    11/14/2004 1:35:01 PM PST · by WKL815 · 41 replies · 2,387+ views
    I just finished watching C-SPAN and had to notify Tammy Bruce to repudiate her claim that conservative interpretation of the constitution does not lend itself to restricting abortion. Here is an excerpt from my letter in which I first discussed how I just recently became enlightened on the issue when President Bush mentioned the Dred Scott case in the town hall debate in October. I then go on to discuss why unborn babies are persons and thus entitled by the Constitution to the right to life. I do not believe unborn babies are property. So, how does one prove unborn...
  • On the Right Side of History - Pro-abortion moral relativists fear George W. Bush

    11/02/2004 1:05:55 PM PST · by NYer · 13 replies · 306+ views
    Catholic Exchange ^ | November 2, 2004 | Ken Concannon
    When the Supreme Court issued the Roe v. Wade decision 31 years ago, most pro-lifers understood that the Court had managed to resurrect Dred Scott v. Sandford, the 1857 decision that made it impossible to limit the spread of slavery prior to the Civil War. We are Approaching a Climactic Point Until this year I've heard the comparison between Dred Scott and Roe v. Wade a few times, but only in pro-life circles and publications. Within the last few months, however, I've heard Dred Scott mentioned twice by prominent politicians in very public places, when the issue under discussion was...
  • Mixed Results for Bush in Battles Over Judges -- putting a conservative stamp on the courts

    10/22/2004 11:27:38 AM PDT · by OESY · 9 replies · 840+ views
    New York Times ^ | Oct.ober 22, 2004 | NEIL A. LEWIS
    WASHINGTON - Soon after President Bush took office, two events set in motion what has become an extraordinary battle between the White House and Senate Democrats over the appointment of federal judges. First, the new president and his aides turned to the Federalist Society, a conservative lawyers' group, to help select candidates. Of Mr. Bush's first batch of nominees, 8 of 11 were proposed by the society. There could have been no clearer signal that Mr. Bush intended to follow the pattern set by his father and President Ronald Reagan of shifting the courts rightward and reaping the political benefit...
  • Speaking in the Tongue of Evangelicals

    10/17/2004 7:00:26 AM PDT · by Acton · 6 replies · 331+ views
    The New York Times ^ | 10-17-2004 | David D. Kirkpatrick
    David Kirkpatrick, writing an article in today's NY Times, writes critically of President Bush's reference to the Dred Scott case in the third debate: "To liberal lawyers and history buffs, it was a head-scratcher. Did President Bush mean to oppose slavery by pledging in the presidential debates not to appoint the kind of Supreme Court justices who decided the Dred Scott case, the 1857 decision that upheld the fugitive slave law? "To conservative Christian opponents of abortion, Mr. Bush's reference was clear as a bell: opposing Dred Scott is shorthand for opposing Roe v. Wade, the 1973 Supreme Court decision...
  • Bush Judges Rightly on Dred Scott

    10/10/2004 12:15:34 AM PDT · by Stoat · 194 replies · 4,531+ views
    The Claremont Institute ^ | October 9, 2004 | Ken Masugi
    Bush Judges Rightly on Dred Scott  Democratic politico Susan Estrich on television and the LA Times (see the last paragraph) both went after Bush for his comments on Dred Scott, in response to his answer about whom he would pick for the Supreme Court. But Bush was in fact right in using the Dred Scott case as an example of bad judging and a bad reading of the Constitution.  Like the justice he has expressed admiration for, Clarence Thomas, Bush believes that the Declaration’s “principle of inherent equality … underlies and infuses our Constitution.” Bush’s understanding differs from that...
  • Are the Supremes Really Supreme?: Lincoln and Judicial Despotism

    02/16/2004 10:57:51 AM PST · by Mr. Silverback · 73 replies · 426+ views
    BreakPoint ^ | Charles Colson
    What would happen if the Supreme Court declared an act of Congress unconstitutional -- and the president told the Court to go jump in a lake? It actually happened once -- a century and a half ago. In 1857, the Supreme Court ruled on the case of a Missouri slave named Dred Scott. Scott's master had taken him into the free state of Illinois. Because of the Missouri Compromise and a law passed by Congress, residents in free states could demand their freedom. Scott did. Scott's owner, John Sandford, challenged the constitutionality of the Missouri Compromise. He argued that slaves...
  • Split Decision: Supreme court upholds grad policy, strikes Undergrad

    06/23/2003 7:15:56 AM PDT · by Brian S · 646 replies · 564+ views
    MSNBC Live | 06-23-03
    Supreme Court rules in favor of U. of Michigan Admissions Policy