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Keyword: judicialactivism

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  • Judge sets aside charges in pipeline protest

    03/31/2018 6:24:54 AM PDT · by Alas Babylon! · 27 replies
    Boston Herald ^ | March 29, 2018 | Jordan Graham
    A Boston judge has cleared a group of climate protesters who were facing criminal charges stemming from a 2016 protest over a pipeline in West Roxbury, citing the necessity of their actions in a potentially landmark ruling. “It may well be the first of its kind in a case involving climate change, in that it’s a judicial recognition of the measures that we need to take to address climate change,” said Andrew Fischer, an attorney for some of the defendants. “In that sense, it is a revolutionary step.” The protesters, including Karenna Gore, the daughter of former Vice President Al...
  • A Prominent Liberal Judge From The 9th Circuit Court Has Died At 87

    03/29/2018 5:23:14 PM PDT · by mgstarr · 131 replies
    Judge Stephen Reinhardt of the US Court of Appeals for the 9th Circuit has died, a court spokesperson confirmed. He was 87. A liberal champion, Reinhardt was appointed to the bench by President Carter in 1980. He authored key liberal court opinions on hot-button topics ranging from abortion and marriage equality to assisted suicide and immigration. At the same time, the opinions made him a target of criticism from conservative corners — and of regular reversal from the Supreme Court.
  • Judge to Trump: Muting, not blocking followers, may end suit

    03/08/2018 6:15:16 PM PST · by mdittmar · 33 replies
    AP ^ | 3/8/2018 | LARRY NEUMEISTER
    NEW YORK (AP) — A judge recommended Thursday that President Donald Trump mute rather than block some of his critics from following him on Twitter to resolve a First Amendment lawsuit.U.S. District Judge Naomi Reice Buchwald suggested a settlement as the preferred outcome after hearing lawyers argue whether it’s constitutional for Trump to block some followers.“Isn’t the answer he just mutes the person he finds personally offensive?” she asked. “He can avoid hearing them by muting them.” The hearing stemmed from a lawsuit filed in July by the Knight First Amendment Institute at Columbia University and seven people rejected by...
  • Key Witness Served In 11th Hour Lawyers’ Showdown(Waco)

    03/03/2018 7:17:50 PM PST · by Elderberry · 9 replies
    When District Attorney Abel Reyna alighted from his car at the early voting center, the private investigator who served him with a witness subpoena had the rare distinction of a rooting section. The rooting section took cell phone in hand to report the news. As quickly as the gumshoe executed the return of service acknowledging that Abel Reyna is summoned to appear as a witness in the status conference hearing in the case of State V. Matthew Clendennen at 9 a.m. on Monday in the 54th Criminal District Court, the news hit the internet like a small pebble making wide...
  • 'Israeli judicial activism breaks records'

    02/27/2018 4:57:27 PM PST · by Eleutheria5 · 3 replies
    Arutz Sheva ^ | 28/2/18 | Mordechai Sones
    Professor Alex Stein, recently elected Supreme Court justice, was until recently completely anonymous to the Israeli public. However, a series of quotes from his personal Facebook account, which will be revealed this weekend in an article by Avishay Grynizig in the newspaper B'Sheva and published on Tuesday evening on Channel 2, make it apparent why Justice Minister Ayelet Shaked wanted to appoint him to the position. Stein is a well-known expert in economic law who is also well-known for his opposition to judicial activism. The Facebook account was limited to be viewed by friends, in which he raised his views...
  • Jeff Sessions: We Are Ending ‘Executive Branch Legal Activism’

    02/16/2018 5:29:55 AM PST · by davikkm · 48 replies
    breitbart ^ | JOEL B. POLLAK
    Attorney General Jeff Sessions told Breitbart News in an exclusive interview on Thursday that the Department of Justice was ending the “executive branch legal activism” of the previous administration, while also fighting the judicial activism of liberal judges. “I think the department did become too political” under President Barack Obama, Sessions said. “Essentially, it was executive branch legal activism. They would take cases or regulations or statutes and expand or redefine the meaning of words in them to advance the agenda that they thought ought to be advanced — an agenda that often had zero chance of passing Congress, where...
  • Supreme court agrees to consider internet sales taxes

    01/14/2018 9:15:09 AM PST · by Olog-hai · 76 replies
    NBC News ^ | Jan 12 2018, 5:55 PM ET | Pete Williams
    The Supreme Court agreed Friday to decide if states should be able to collect taxes on internet sales, which would generate billions in revenue for local governments, but also raise the cost of online shopping for consumers. Just over a quarter-century ago, the court ruled that a state could not force mail order catalog companies to collect sales taxes unless they had a physical presence in the state. Led by South Dakota, 36 states want the court to take another look at the issue, arguing that the 1992 decision was issued “before Amazon was even selling books out of Jeff...
  • Obama Donor Judge: No Sanctuary for American Victims

    11/22/2017 9:21:35 AM PST · by Kaslin · 21 replies
    American Thinker.com ^ | November 22, 2017 | Daniel John Sobieski
    The Constitution and the laws passed by Congress define one person who determines and executes U.S. immigration policy and U.S. District Judge William Orrick is not it. Yet Judge Orrick is once again opposing the expressed will of the American people through their elected representatives by issuing a permanent ban on President Trump’s executive order defunding sanctuary cities: A federal judge in California has blocked President Trump’s executive order to cut funding from sanctuary cities that don’t cooperate with U.S. immigration officials. U.S. District Court Judge William Orrick issued the ruling Monday in lawsuits brought by San Francisco and Santa...
  • Peace Cross of Bladensburg ruled unconstitutional by appeals court

    10/18/2017 4:18:06 PM PDT · by markomalley · 26 replies
    Washington Times ^ | 10/18/17 | Bradford Richardson
    A three-judge court panel ruled Wednesday that a World War I memorial in the shape of a cross in Bladensburg, Maryland, is unconstitutional, a decision that a legal scholar says could imperil other similar memorials. In a 2-1 decision, the U.S. Court of Appeals for the 4th Circuit said the 40-foot cross erected 92 years ago violates the First Amendment’s Establishment Clause. “The monument here has the primary effect of endorsing religion and excessively entangles the government in religion,” Judge Stephanie Thacker wrote for the majority. “The Latin cross is the core symbol of Christianity. And here, it is 40...
  • Sotomayor: Judging brings emotions, but keep them in check

    10/16/2017 3:09:33 PM PDT · by Olog-hai · 32 replies
    Associated Press ^ | Oct 16, 2017 5:45 PM EDT
    U.S. Supreme Court Justice Sonia Sotomayor told college students in New York City that she sometimes feels “great turmoil” inside when she is hearing arguments on the bench, but works hard to keep her emotions and personal biases in check. […] “You can’t do human activity — and judging is a human activity — without having human emotions,” she told the crowd at the LeFrak Concert Hall. “The sense of how you deal with it is to acknowledge it. I look at it, examine it, try to figure out the effect it’s having, and then try to adjust my behavior...
  • Judge: Black Lives Matter is a movement that can't be sued

    09/28/2017 11:52:23 AM PDT · by doug from upland · 65 replies
    WRAL ^ | 9-28-17 | Kuinzelman
    BATON ROUGE, LA. — A federal judge has ruled that Black Lives Matter is a social movement that can't be sued over an officer's injuries during a protest following a deadly police shooting in Baton Rouge last year. A Baton Rouge police officer sued Black Lives Matter and DeRay Mckesson, a prominent activist in the movement. But U.S. District Judge Brian Jackson ruled Thursday that Black Lives Matter is not "an entity of any sort," and like the tea party or civil rights movement, it can't be sued.
  • U.S. Courts Taking Climate Change Seriously

    09/28/2017 6:35:19 AM PDT · by Oldeconomybuyer · 51 replies
    The Hartford Courant ^ | September 28, 2017 | by Robert Thorson
    Hallelujah! The third branch of the federal government, the appointed judicial branch, is finally getting serious about climate science. No longer can the elected executive branch and the elected legislative branches cave in to popular pressure to avoid the inconvenient truth that climate change adaptations will be hugely expensive. My hope is that the lawsuits that will surely follow Hurricanes Maria, Jose, Irma and Harvey will help normalize the idea that "government can be legally accountable for failure to prevent foreseeable harms to its citizens." That quote comes from a hot-off-the-press column published in the Sept. 8 issue of Science,...
  • Retired Jurist Makes Compelling Case For Term Limits In Stunning Admission

    09/13/2017 11:56:01 AM PDT · by DeweyCA · 26 replies
    Hotair.com ^ | 9-13-17 | Ed Morrissey
    For decades, a debate over lifetime appointments in the federal judiciary have pitted those who value freedom from political influence against those who see a need for accountability. The former want to continue the tradition, and the latter want either term limits, retention elections, or a combination of both, as many states have in place now. No serious effort has been made to propose such a system, but perhaps an “exit interview” by the New York Times’ Adam Liptak of retired appellate jurist Richard Posner will prompt one. And it should, as Posner inadvertently makes the best possible case for...
  • Appeals court rules against Trump administration on travel ban

    09/07/2017 4:22:33 PM PDT · by jazusamo · 67 replies
    CBS ^ | Sept 7, 2017 | AP
    The 9th U.S. Circuit Court of Appeals on Thursday rejected the Trump administration's limited view of who is allowed into the country under its revised travel ban. A three-judge panel decided that grandparents, cousins and similarly close extended family relationships of people in the U.S. shouldn't be prevented from coming to the country. The court also said refugees already accepted by a resettlement agency shouldn't be banned. The appeals court decision upholds a decision from a district court judge in Hawaii, who said the administration's view was too narrow. The decision impacts the revised travel ban, which temporarily suspends new...
  • Maryland ‘assault weapon’ ban appealed to U.S. Supreme Court

    07/24/2017 10:51:32 AM PDT · by PROCON · 30 replies
    guns.com ^ | July 24, 2017 | Chris Eger
    Pro-gun rally in front of Maryland State House in Annapolis on Feb. 6, 2013 protesting the state’s controversial Firearms Safety Act. (Photo: Andrew Harnik/The Washington Times) A long-simmering challenge against Maryland’s 2013 Firearms Safety Act has been appealed to the nation’s highest court. Attorneys for the Maryland State Rifle and Pistol Association and the National Shooting Sports Foundation on Friday filed the 325-page petition to the U.S. Supreme Court on behalf of Stephen Kolbe and a series of gun stores and shooting clubs asking the court to protect popular semi-automatic rifles and magazines from prohibition. At stake is the 2013...
  • Judge rules in favor of Hawaii in challenge to Trump travel ban

    07/14/2017 12:31:43 AM PDT · by LeoWindhorse · 42 replies
    Hono Star Ad ^ | Star-Ad staff
    A federal judge in Honolulu has expanded the Trump administration’s list of family relationships needed by people seeking new visas from six mostly Muslim countries to avoid a travel ban. U.S. District Court Judge Derrick Watson ruled today that the travel ban exemptions should include grandparents, grandchildren, uncles, aunts and other relatives. President Donald Trump’s travel ban, which was partially allowed by the U.S. Supreme Court, did not include grandparents, grandchildren and other relations considered “bona-fide” family relationships to be granted an exemption to the ban. The administration said a bona fide relationship would be a parent, spouse, fiance, son,...
  • Comey visits The NYTimes building as Trump admits he did NOT record their conversations

    06/22/2017 7:50:34 PM PDT · by Whenifhow · 45 replies
    Daily Mail ^ | June 22 2017 | Jennifer Smith
    Former FBI director James Comey made a quiet visit to The New York Times building on Thursday, one of few public outings since he admitted leaking stories to the newspaper about President Trump before the Senate Intelligence Committee on June 8. Comey kept his sunglasses on and his gaze forward as he marched through the front entrance of the Times Square office building which houses the publication. He was accompanied by his wife Patrice Failor who also wore sunglasses. Unmistakable as he towered over the crowds in a crisp navy suit and tie on one of the warmest days of...
  • EXCLUSIVE - James Comey visits The New York Times building [tr]

    06/22/2017 8:00:29 PM PDT · by bryan999 · 38 replies
    Former FBI director James Comey made a quiet visit to The New York Times building on Thursday, one of few public outings since he admitted leaking stories to the newspaper about President Trump before the Senate Intelligence Committee on June 8. Comey kept his sunglasses on and his gaze forward as he marched through the front entrance of the Times Square office building which houses the publication. He was accompanied by his wife Patrice Failor who also wore sunglasses. Unmistakable as he towered over the crowds in a crisp navy suit and tie on one of the warmest days of...
  • Lack of Judicial Impartiality Threatens Rule of Law

    05/29/2017 11:10:44 PM PDT · by DeweyCA · 21 replies
    American Greatness ^ | may 28, 2017 | Roger Kimball
    Why do judges wear black robes? It’s a question few judges today seem to be asking themselves. It certainly appears not to have troubled the mind of Chief Judge Roger Gregory of the Fourth Circuit Court of Appeals who, it seems, must instead be a student of Jorge Luis Borges. A couple of days ago, Judge Gregory, writing for the majority, upheld a lower court’s decision against President Trump’s revised Executive Order imposing a temporary travel ban from a handful of countries identified as hotbeds of terrorist activity. As Byron York points out, the decision broke 10 to 3 along...
  • NC House Bill: U.S. Supreme Court Exceeded Authority of 'Almighty God' in Creating Gay Marriage

    04/12/2017 9:07:37 PM PDT · by Olog-hai · 31 replies
    Cybercast News Service ^ | April 12, 2017 | 4:24 PM EDT | Michael W. Chapman
    Members of the North Carolina General Assembly introduced a bill on Tuesday, citing the 10th Amendment, which affirms that the U.S. Supreme Court exceeded its authority under the Constitution and in relation to the “decree of Almighty God” by legalizing same-sex marriage, and contends that the Obergefell v. Hodges decision “is null and void” in North Carolina and that the Tar Heel state shall only recognize marriages between one man and one woman. The legislation explains that North Carolina seeks to follow the 2012 law that was established in Section 6 of Article XIV of the North Carolina Constitution, which...