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Keyword: judiciary

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  • Va. Republicans to fire McAuliffe’s Supreme Court pick, install their own

    08/03/2015 9:39:35 AM PDT · by FoxInSocks · 37 replies
    The Washington Post ^ | August 3, 2015 | Jenna Portnoy
    RICHMOND — Virginia Republicans will reject Gov. Terry McAuliffe’s pick for the state’s newest Supreme Court justice and install their own choice, igniting a political firestorm that will come to a head when lawmakers return to Richmond in two weeks. McAuliffe’s nominee, Fairfax Circuit Court Judge Jane Marum Roush, has already been sworn in, meaning Republicans will take the rare step of unseating a justice after she has taken the bench. Leaders of the GOP-controlled General Assembly announced they plan to elect Virginia Court of Appeals Judge Rossie D. Alston, Jr., who previously served on the Prince William County circuit...
  • "...the people will have ceased to be their own rulers..."

    07/15/2015 2:20:05 PM PDT · by EternalVigilance · 14 replies
    First Inaugural ^ | MONDAY, MARCH 4, 1861 | President Abraham Lincoln
    "I do not forget the position assumed by some, that constitutional questions are to be decided by the Supreme Court; nor do I deny that such decisions must be binding in any case, upon the parties to a suit; as to the object of that suit, while they are also entitled to very high respect and consideration in all parallel cases by all other departments of the government. And while it is obviously possible that such decision may be erroneous in any given case, still the evil effect following it, being limited to that particular case, with the chance that...
  • The Unsoundness of Judicial Supremacy [MUST READ]

    07/07/2015 11:13:08 AM PDT · by EternalVigilance · 30 replies
    The Witherspoon Institute - Public Discourse ^ | July 8th, 2015 | Paul R. DeHart
    "Decisions of the Supreme Court that go beyond power delegated to the judicial branch or are contrary to the Constitution are null and void. To protect our constitutional republic, citizens, states, and the other branches of the federal government must resist any such decision." The Supreme Court looms large in American politics. In fact, many accept the claim—made by the Court and others—that the Supreme Court gets the final say as to what counts as law under our system of government. Judicial review is now bound together with the doctrine of judicial supremacy, crafted by Chief Justice Roger Taney in...
  • Judge not: GOP blocks dozens of Obama court picks

    07/06/2015 5:41:16 AM PDT · by Zakeet · 16 replies
    Politico ^ | July 6, 2015 | Burgess Everett and Seung Min Kim
    The GOP-controlled Senate is on track this year to confirm the fewest judges since 1969, a dramatic escalation of the long-running partisan feud over the ideological makeup of federal courts. The standoff, if it continues through the 2016 elections as expected, could diminish the stamp that President Barack Obama leaves on the judiciary — a less conspicuous but critical part of his legacy. Practically, the makeup of lower-level courts could directly affect a number of Obama’s policies expected to face legal challenges from conservatives. Republicans appear willing to absorb criticism that they’re interfering with the prerogative of a president to...
  • Pound Sand, Your Honor! More Americans Want States to Ignore Federal Courts

    07/03/2015 8:02:37 PM PDT · by VitacoreVision · 17 replies
    The New American ^ | 03 July 2015 | Selwyn Duke
    While dissenting from the recent Supreme Court decision rubber-stamping same-sex “marriage,” Justice Antonin Scalia warned his colleagues that with “each decision ... unabashedly based not on law” the Court moves “one step closer to being reminded of [its] impotence.” And a new poll shows that another such step has in fact been taken, with more Americans supporting the idea that states should have the right to ignore federal court rulings. Writes Rasmussen Reports, “A new Rasmussen Reports national telephone survey finds that 33% of Likely U.S. Voters now believe that states should have the right to ignore federal court rulings...
  • Same-Sex Marriage: Efforts To Have Justices Ginsburg And Kagan Recused Take A Troubling Turn

    06/22/2015 7:20:13 PM PDT · by lbryce · 24 replies
    Western Journalism ^ | June 22, 2015 | Herbert W. Titus and William J. Olson
    Not only will we soon know how the U.S. Supreme Court decides the issue of same-sex marriage in the Obergefell case — we will also know if the Court will follow federal law and its own judicial ethics rules in reaching that decision. On June 17, 2015, former U.S. Magistrate Judge Joe Miller wrote and published an article calling for Justices Ruth Bader Ginsburg and Elena Kagan to recuse from participating in the consolidated same-sex marriage cases now pending before the U.S. Supreme Court on the ground of bias. In support, Miller noted that both justices had officiated in the...
  • Justice Ruth Bader Ginsburg Isn’t Even Pretending to Be Impartial

    05/20/2015 7:33:15 AM PDT · by SeekAndFind · 43 replies
    National Review ^ | 05/20/2015 | Ian Tuttle
    Since there was no bride to be the “belle” at the ritzy D.C. wedding of Shakespeare Theater Company artistic director Michael Kahn and Manhattan architect Charles Mitchem this weekend, Ruth Bader Ginsburg, who officiated, was happy to play the part. And she did so with panache, says Maureen Dowd: The most glittering moment for the crowd came during the ceremony. With a sly look and special emphasis on the word “Constitution,” Justice Ginsburg said that she was pronouncing the two men married by the powers vested in her by the Constitution of the United States. . . . The...
  • Iowa Judge dismisses entire jury pool because 111 of the 112 are white

    05/16/2015 3:37:16 AM PDT · by Altura Ct. · 78 replies
    Daily Mail ^ | 5/13/2015
    Iowa judge dismisses entire jury pool in murder trial of black man because 111 of the 112 people are white An Iowa judge has dismissed a 112-member jury pool after determining that a black man charged with murder couldn't get a fair trial 111 members of the jury identified as white Tyrone Washington Jr., 41, of Northwood, Iowa is accused in the August 2013 stabbing death of his ex-girlfriend, Justina Smith Defense attorney Charles Kenville requested to have jury pool stricken, and Judge Colleen Weiland granted his motion An Iowa judge has dismissed a 112-member jury pool after determining that...
  • Chief Justice Roberts Not Stepping Down Despite Report

    03/04/2010 11:56:48 AM PST · by Ol' Sparky · 107 replies · 4,721+ views
    FoxNews | 3/4/10
    Chief Justice John Roberts is not stepping down from the Supreme Court, despite a celebrity gossip report, a source very close to Roberts told Fox News. RadarOnline.com reported Thursday that Roberts, 55, would be resigning for personal reasons. But the source said the report is "completely untrue." There is "no medical issue, no issue at all," the source said, adding that there is not even a 1 percent chance that Roberts is considering resignation.
  • Minimum sentence for California rapist too 'cruel,' rules judge

    04/08/2015 3:18:57 PM PDT · by jimbo123 · 29 replies
    NY Daily News ^ | 4/8/15 | DOYLE MURPHY
    Orange County Superior Court Judge M. Marc Kelly claimed it would be cruel and unusual punishment to sentence a child rapist to the California state minimum of 25 years in prison. A California judge is under fire for handling a child rapist with kid gloves. Orange County Superior Court Judge M. Marc Kelly sentenced Kevin Jonas Rojano-Nieto to just 10 years in prison — less than half the 25-year minimum — for sodomizing a 3-year-old relative. The 20-year-old creep locked the little girl inside the family’s garage with him, and then covered her mouth when he heard her mother coming,...
  • AL Supreme Court Halts Issuance of Counterfeit Marriage Licenses

    03/04/2015 6:54:44 AM PST · by EternalVigilance · 78 replies
    Barbwire ^ | March 4, 2015
    Montgomery, AL – In a historic ruling, the Supreme Court of Alabama in a 7-1 decision has affirmed natural marriage and ordered Alabama’s probate judges to immediately stop issuing illegal marriage licenses to same-sex couples. The ruling represents a significant shift of momentum in the same-sex marriage agenda, and is a direct challenge to the orders of U.S. District Court Judge Callie Granade, who in January purported to overturn Alabama’s marriage laws. The ruling of the Alabama Supreme Court offers the most forceful and clearly articulated rebuttal to date of the imaginative arguments for same-sex “marriage” employed by federal courts....
  • Obama says he won’t be deterred by ‘one federal judge’ on immigration

    02/25/2015 11:57:25 PM PST · by 2ndDivisionVet · 97 replies
    The Washington Times ^ | February 25, 2015 | Ben Wolfgang
    A confident President Obama said Wednesday he won’t be stopped by “one federal judge,” telling a Miami crowd he’ll move ahead with his controversial executive action on immigration and vowing his administration will become even more aggressive in the weeks and months to come. At a town hall meeting hosted by Telemundo and MSNBC, the president also threatened to veto GOP-backed legislation that would undo his immigration action. That measure is expected to come up for a vote later this week. Mr. Obama took executive steps last year to halt deportations for millions of illegal immigrants, but a federal judge...
  • Southern Baptist Leader Russell Moore: Alabama Judges Must Uphold ‘Gay Marriage’ Ruling or Resign

    02/17/2015 7:36:19 AM PST · by Faith Presses On · 31 replies
    Christiannews.net ^ | 2/15/15 | Heather Clark
    A prominent Southern Baptist leader who raised concerns last year after he advised that Christians should support the rights of other religions and also traveled to the Vatican for an interfaith conference on marriage is now stating that probate judges in Alabama should either follow the recent federal ruling in favor of “gay marriage” or resign. Russell Moore, the president of the Southern Baptist Ethics & Religious Liberty Commission, made the statement recently to the Baptist Press when asked about his prediction on which way the U.S. Supreme Court might rule on the issue of same-sex “marriage.” He opined that...
  • Alabama Chief Justice Roy S. Moore Memorandum to Alabama Probate Judges

    02/14/2015 1:06:43 AM PST · by Ray76 · 16 replies
    MEMORANDUM TO: Alabama Probate Judges FROM: Chief Justice Roy S. Moore RE: Sanctity of Marriage ruling Date: February 3, 2015 The purpose of this memorandum is to provide guidance to the probate judges of Alabama as to their duties under Alabama's Sanctity of Marriage Amendment ("the Amendment"), Art. I, § 36.03, Ala. Const. 1901, and the Alabama Marriage Protection Act ("the Act"), § 30-1-19, Ala. Code 1975, in light of the recent orders of the United States District Court for the Southern District of Alabama. A news story has quoted the Honorable Greg Norris, President of the Alabama Probate Judges...
  • Scott Walker Just Pulled Off a Supreme Court Coup in Wisconsin

    01/22/2015 6:04:22 AM PST · by Diana in Wisconsin · 40 replies
    The Daily Beast ^ | 1-21-2015 | Jack Holmes
    The Wisconsin state Senate has just paved the way for the state Supreme Court to elect its own chief justice—and the conservatives’ pick might shake up the governor’s own case. Eighty-one-year-old Shirley Abrahamson has been chief justice of the Wisconsin Supreme Court for 18 years, but that tenure looks like it’s about to come to an abrupt end. A state constitutional amendment, passed Tuesday in the state Senate 17-14 along strict party lines, will allow the court’s seven justices to vote on a chief justice, undoing a 126-year-old tradition that grants the post to the longest-serving justice on the bench....
  • What Rand Paul’s Embrace of Judicial Activism Says about Him

    01/20/2015 11:50:41 AM PST · by 2ndDivisionVet · 4 replies
    National Review's The Corner ^ | January 19, 2015 | John Yoo
    Paul’s claims about judicial activism raise fundamental doubts about his positions on social issues. He says he is for judicial activism, but he also asserts he is pro-life. So does that mean he is for or against Roe v. Wade, perhaps the ultimate case of judicial activism in conservative eyes, a case where even liberal heavyweight scholar John Hart Ely said, “It is not constitutional law and gives almost no sense of an obligation to try to be.” Paul claims to be against gay marriage. So does he support the Court’s activism in United States v. Windsor in 2013, which...
  • Federal Appeals Court Appears Poised To Strike Down Three Southern States’ Same-Sex Marriage Bans

    01/09/2015 9:00:49 PM PST · by 2ndDivisionVet · 23 replies
    BuzzFeed News ^ | January 9, 2015 | Chris Geidner
    After oral arguments about Louisiana, Mississippi, and Texas’ bans on marriages for same-sex couples, the 5th Circuit of Appeals looks likely to strike the laws down. NEW ORLEANS — After three hours of arguments, the 5th Circuit Court of Appeals appeared poised to strike down bans on same-sex couples’ marriages in Louisiana, Mississippi, and Texas — joining all but one of the other appellate courts to consider the issue. If the court upholds the lower court decisions striking down the Mississippi and Texas bans and reverses the trial court decision upholding Louisiana’s ban, it could have the effect of bringing...
  • Judge Hinkle says all 67 counties may issue marriage licenses to gay couples (Florida)

    01/01/2015 4:35:04 PM PST · by 2ndDivisionVet · 29 replies
    The Tampa Bay Times ^ | January 1, 2015 | Anna Phillips
    U.S. District Judge Robert Hinkle has answered one of the state's big questions about gay marriage: Can all 67 counties issue licenses to gay couples who want to marry? Yes, they can, Hinkle wrote in an order released Thursday afternoon, "Reasonable people can debate whether the ruling in this case was correct and who it binds," Hinkle wrote. "There should be no debate, however, on the question whether a clerk of court may follow the ruling, even for marriage-license applicants who are not parties to this case." Hinkle also warned that clerk's who don't issue marriage licences could be sued:...
  • Judge turns loose thug who posted gun threat against cops

    12/24/2014 10:06:37 AM PST · by 2ndDivisionVet · 26 replies
    The New York Post ^ | December 24, 2014 | Josh Saul and Jamie Schram
    Judge Laura Johnson (left) released Devon Coley (right) without bail after he made death threats against the NYPD on Facebook. A Brooklyn judge cut loose a gang member who had posted online threats to gun down cops in the hours after two NYPD officers were executed in their patrol car — ignoring prosecutors’ pleas to keep him behind bars, The Post has learned. Criminal Court Judge Laura Johnson let Devon Coley, 18, waltz free without bail despite the fact that he faces seven years behind bars on charges he made a terroristic threat — complete with an image of a...
  • Welcome to lawless Obama’s America, hombres!

    12/16/2014 10:29:25 PM PST · by 2ndDivisionVet · 16 replies
    The Washington Times ^ | December 16, 2014 | Charles Hurt
    Just when President Obama thought it was safe to show his face in an American courtroom again, in walks John Wayne in a black robe to deliver one of the greatest legal beatdowns ever suffered by a sitting president. Except for all the other beatings President Obama has already endured in federal court and from Supreme Court justices, including the ones he himself picked. And this guy still sells himself as some kind of constitutional law expert? Already, the Supreme Court has ruled against Mr. Obama some thirteen times. And that’s just counting the instances where the Supreme Court ruled...
  • Court Warns Against Opening the Door to Polygamy and Beyond

    11/12/2014 9:52:15 PM PST · by 2ndDivisionVet · 11 replies
    The ruling on Thursday by the 6th United States Circuit Court of Appeals warns of changing the biological definition of marriage and thus opening the door to polygamy. The Denver Post reported, Breaking ranks with other federal courts around the country, the 6th U.S. Circuit Court of Appeals ruled 2-1 that states have the right to set rules for marriage and that changing a definition that dates to "the earliest days of human history" is better done through the political process, not the courts. "Surely the people should receive some deference in deciding when the time is ripe to move...
  • Grassley Outlines Approach to Judicial Confirmations

    11/10/2014 8:24:14 PM PST · by 2ndDivisionVet · 16 replies
    Legal Times ^ | November 10, 2014 | Mike Sacks
    Sen. Chuck Grassley, R-Iowa, the presumptive chairman of the Senate Judiciary Committee, on Monday outlined his leadership plans—including his vow to confirm “consensus” nominations to the federal judiciary. Grassley, currently the committee’s ranking Republican, told his home state papers over the weekend that he intended to chair the Judiciary Committee. The committee, Grassley said Monday, “should not be a rubber stamp for the president” when it comes to nominations. Grassley said in his statement: Factors I consider important include intellectual ability, respect for the Constitution, fidelity to the law, personal integrity, appropriate judicial temperament, and professional competence. Judges are to...
  • Obama praises Supreme Court on gay marriage, has no plans to be a justice

    10/21/2014 9:51:24 PM PDT · by 2ndDivisionVet · 19 replies
    The Washington Post ^ | October 20, 2014 | Robert Barnes
    The life of a Supreme Court justice would be “a little bit too monastic” for President Obama, according to an interview he gave the New Yorker about his legal legacy. Obama also praised the Supreme Court’s recent decision not to review lower-court rulings that struck down state prohibitions on same-sex marriage, saying he believes that the Constitution provides gays the right to marry. And he said that 81-year-old Justice Ruth Bader Ginsburg “gets to decide, not anybody else, when she chooses to go” into retirement. Obama made the remarks to the magazine’s legal correspondent, Jeffrey Toobin. Toobin noted that the...
  • City Threatens to Arrest Ministers Who Refuse to Perform Same-Sex Weddings (Idaho)

    10/18/2014 4:09:39 PM PDT · by EternalVigilance · 131 replies
    Fox News ^ | Oct. 20, 2014 | Todd Starnes
    Two Christian ministers who own an Idaho wedding chapel were told they had to either perform same-sex weddings or face jail time and up to $1,000 in daily fines, according to a lawsuit filed Friday in federal court. Alliance Defending Freedom is representing Donald and Evelyn Knapp, two ordained ministers who own the Hitching Post Wedding Chapel in Coeur d’Alene. “Right now they are at risk of being prosecuted,” attorney Jeremy Tedesco told me. “The threat of enforcement is more than just credible.” The wedding chapel is registered as a “religious corporation” limited to performing “one-man-one-woman marriages as defined by...
  • Texas Gets a Stay, Saves Voter ID for November

    10/14/2014 6:06:16 PM PDT · by 2ndDivisionVet · 46 replies
    Legal Insurrection ^ | October 14, 2014 | Amy Miller
    An en banc ruling of the Fifth Circuit has issued a stay against last Friday’s order striking down Texas voter identification laws. The Court looked at four key factors when deciding whether or not to grant a stay pending appeal: (1) whether the stay applicant has made a strong showing that he is likely to succeed on the merits; (2) whether the applicant will be irreparably injured absent a stay; (3) whether issuance of the stay will substantially injure the other parties interested in the proceeding; and (4) where the public interest lies. The first two factors are the most...
  • 9th Circuit lifts stay on gay marriage in Idaho

    10/13/2014 2:43:36 PM PDT · by 2ndDivisionVet · 23 replies
    The Spokesman-Review ^ | October 13, 2014 | Betsy Z. Russell
    BOISE - The 9th Circuit Court of Appeals issued an order Monday lifting the stay that blocked same-sex marriage from starting in Idaho - effective Wednesday morning. Marriage licenses can legally be issued to same-sex couples statewide starting at 9 a.m. on Wednesday. Deborah Ferguson, attorney for the four couples who sued to overturn Idaho’s ban on gay marriage, hadn’t even filed her reply to the state’s latest legal filings when the order came out mid-day Monday. “I guess they kind of knew what we were going to say,” she said. Ferguson filed the case on behalf of four Idaho...
  • What the 'gay marriage' debate is really about

    10/10/2014 10:29:10 PM PDT · by EternalVigilance · 66 replies
    WND ^ | Oct. 10, 2014 | Matt Barber
    Exclusive: Matt Barber warns, 'The courts are tossing around spiritual nitroglycerin' It’s called Pandora’s Box. And the Supreme Court just opened it. Did you actually think the debate over “gay marriage” was about marriage? Have you really come to believe that this cultural kerfuffle has anything to do with “civil rights” or “equality”? Have you bought into the popular premise that this is a legitimate discussion on federalism – that it’s a reasonable disagreement over whether the U.S. Constitution’s equal protection clause requires that newfangled “gay marriage,” something rooted in same-sex sodomy, a deviant and disease-prone behavior our Constitution’s framers...
  • Supreme Court clerk: Plum job for legal elite

    10/04/2014 10:47:42 AM PDT · by 2ndDivisionVet · 2 replies
    The Salt Lake Tribune / The Associated Press ^ | October 4, 2014 | Mark Sherman
    Joshua Matz didn’t bother waiting to write about the Supreme Court until he went to work there. He teamed with a renowned Harvard law professor to finish a book about the court before he started his year as a law clerk to Justice Anthony Kennedy. Unlike Matz, Christopher Michel is not listed as an author of the book he worked on years before his clerkship with Chief Justice John Roberts. But former President George W. Bush offered warm praise for onetime presidential speechwriter Michel as his collaborator on his memoir, "Decision Points." Bush said in the book’s acknowledgements that Michel’s...
  • Missouri Must Recognize Same-Sex Marriages Granted Elsewhere, State Court Rules

    10/03/2014 8:21:10 PM PDT · by 2ndDivisionVet · 18 replies
    BuzzFeed News ^ | October 3, 2014 | Chris Geidner
    The case was brought by 10 same-sex couples who are represented by the ACLU. Missouri must recognize the marriages of same-sex couples that were granted elsewhere, state Judge Dale Youngs ruled on Friday. “[T]o the extent these laws prohibit plaintiffs’ legally contracted marriages from other states from being recognized here, they are wholly irrational, do not rest upon any reasonable basis, and are purely arbitrary,” Youngs wrote. The ruling followed a hearing in September on the case, which was brought by 10 same-sex couples represented by the American Civil Liberties Union. “Missouri has finally recognized our couples’ marriages as being...
  • 80 Utah Lawmakers Tell Supreme Court Gay Marriage Will Lead To Incestuous Marriage, Polygamy: READ

    09/16/2014 2:33:44 PM PDT · by 2ndDivisionVet · 17 replies
    Towleroad ^ | September 10, 2014 | Sean Mandell
    Eighty legislators from Utah have submitted an amicus brief with the Supreme Court in which the legislators warn the Court that legalizing same-sex marriage would lead to the legalization of incestuous and polygamous marriages. The brief comes following the request for a writ of certiorari from both Utah's Attorney General, Sean Reyes, and the plaintiffs in Kitchen v. Herbert, the case that found both both a district court and the 10th Circuit Court of Appeals ruling in favor of marriage equality in Utah. As Joe.My.God points out, "the brief is signed by 22 of the 29 members of the state...
  • Is Polygamy the Next Gay Marriage?

    09/13/2014 5:10:33 PM PDT · by 2ndDivisionVet · 59 replies
    The Daily Beast ^ | September 12, 2014 | Sally Kohn
    Should we really care if more than two consenting adults want to marry each other, or if polygamy advocates see the LGBT movement as an inspiration? A few years ago, when I was rushing my daughter to pre-school one morning, a similarly tardy and exasperated-looking mom passed us on the stairs. My daughter took this as an opportunity to announce, “I have two moms.” The exasperated mom picked up her hunched shoulders to turn to Willa and, after a sigh, say, “You don’t know how lucky you are.” This has happened to us a lot. On more occasions than I...
  • Trayvon Martin Autopsy Doctor Says Prosecutors ‘Hoped To Lose’ Case Against Zimmerman

    08/15/2014 1:55:54 PM PDT · by 2ndDivisionVet · 4 replies
    <p>The doctor who conducted the autopsy on Trayvon Martin, and who later raised eyebrows with his uneven testimony during the trial of George Zimmerman, has released a 37-page e-book in which he argues prosecutors “hoped to lose the case.”</p> <p>Despite that claim, “Dead Men Can’t Lie,” e-book by Dr. Shiping Bao, offers no proof.</p>
  • D.C. seeks stay of gun ruling

    07/28/2014 7:23:57 PM PDT · by 2ndDivisionVet · 15 replies
    The Politico ^ | July 28, 2014 | Josh Gerstein and Byron Tau
    A federal judge's ruling barring enforcement of a key District of Columbia gun law seems likely to be put on hold, after lawyers for the district asked that the decision be delayed and the plaintiffs in the case signaled they're amenable to a 90-day delay. In a filing Monday afternoon in U.S. District Court in Washington, attorneys for the city said granting the delay will allow the city to preserve public safety while it pursues an appeal and considers possible responses to Saturday's decision by Judge Frederick Scullin, who found unconstitutional the district's ban on possession of handguns by individuals...
  • Federal District Court Strikes Down Washington, DC Handgun Carry Ban

    07/26/2014 5:10:05 PM PDT · by 2ndDivisionVet · 17 replies
    Legal Insurrection ^ | July 26, 2014 | Andrew Branca
    Concludes a blanket ban of carry of handguns outside the home cannot survive ANY level of scrutiny, and is therefore unconstitutional.Well, well, well–I guess the big guy upstairs knew I could do with a pick-me-up while I struggle through this respiratory infection. And boy, did he deliver big (with a h/t to Ace of Spades HQ). "In light of Heller, McDonald, and their progeny, there is no longer any basis on which this Court can conclude that the District of Columbia’s total ban on the public carrying of ready-to-use handguns outside the home is constitutional under any level of scrutiny....
  • Another Florida judge rules against gay marriage ban

    07/26/2014 4:02:43 AM PDT · by SoFloFreeper · 25 replies
    Tampa Bay Times ^ | 7/25/14 | Steve Rothaus
    For the second time in eight days, a South Florida circuit judge has declared the state's gay marriage ban unconstitutional and ordered that same-sex couples be allowed to marry.
  • Progressives learn the hard way that the Constitution is obstructionist

    07/24/2014 5:54:25 PM PDT · by 2ndDivisionVet · 5 replies
    The Washington Post ^ | July 23, 2014 | Charles Lane
    President Obama’s plan to transform the U.S. health-care market is once again in trouble. This time, two Republican-appointed judges on a federal appeals court have invalidated a key portion of the program. In other words, the U.S. constitutional system is functioning normally. That’s not to say that the majority of a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit correctly struck down the issuance of tax credits through the federal health insurance exchanges in 36 states — though it is true, as the judges said, that the law only speaks of “Exchanges established by the State.”...
  • The Supreme Court’s Coming Paralysis

    07/24/2014 4:00:50 AM PDT · by 2ndDivisionVet · 41 replies
    The Daily Beast ^ | July 22, 2014 | Jeff Greenfield
    Why there’s really no chance President Obama will be able to appoint another Justice to the bench, regardless of what happens in November. It’s a question that’s roiled the liberal universe for years: Why won’t 81-year-old Supreme Court Justice Ruth Bader Ginsburg resign from the Supreme Court and give President Obama the chance to pick her successor, in case the Senate turns Republican after the mid-terms? Harvard Law Professor Laurence Tribe, one of the left’s jurisprudential heroes, had a ready answer to that question when it was posed to him at the University of California Santa Barbara late last month....
  • Executions should be by firing squad, federal appeals court judge says

    07/24/2014 3:24:53 AM PDT · by 2ndDivisionVet · 36 replies
    The Los Angeles Times ^ | July 23, 2014 | Maura Dolan
    Days before an Arizona murderer gasped and snorted for more than 90 minutes and died nearly two hours after his execution began, a conservative federal appeals judge called for replacing lethal injection with firing squads, saying the public must acknowledge that executions are "brutal, savage events." "Using drugs meant for individuals with medical needs to carry out executions is a misguided effort to mask the brutality of executions by making them look serene and beautiful — like something any one of us might experience in our final moments," U.S. 9th Circuit Court Chief Judge Alex Kozinski wrote in a dissent...
  • A stinging defeat for the government (Obamacare and Halbig v. Sebelius)

    07/22/2014 8:27:58 PM PDT · by 2ndDivisionVet · 11 replies
    The Incidental Economist ^ | July 22, 2014 | Nicholas Bagley
    In a major setback for the Affordable Care Act, the D.C. Circuit just released a fractured opinion invalidating the IRS’s rule extending tax credits to federally facilitated exchanges. The case, Halbig v. Sebelius, centers on the portion of the ACA governing the calculation of tax credits. The statute specifies that tax credits are available to most people who purchase a health plan “through an Exchange established by the State under 1311.” (See my earlier posts for a more detailed recap.) About two-thirds of the states, however, declined to establish exchanges. In those states, the federal government stepped in and established...
  • Conservatives get a big 2014 boost from ‘fatal blow’ to Obamacare

    07/22/2014 8:06:32 PM PDT · by 2ndDivisionVet · 25 replies
    Hot Air ^ | July 22, 2014 | Noah Rothman
    At first blush, a federal appeals court’s decision on Tuesday that dealt what many considered to be a near” fatal blow” to the Affordable Care Act could also appear to be a blow to Republicans’ hopes for retaking the Senate in November. Obamacare supporters are enraged. The decision in Halbig v. Burwell, which invalidated the federal government’s ability to provide subsidies for those Americans who purchased insurance through a federal health insurance exchange, could mean a major increase in premium rates for more than half of the 8 million who enrolled in ACA plans. The appeals court ruled that, as...
  • Halbig v. Burwell Would Free More Than 57 Million From The ACA's Individual & Employer Mandates

    07/21/2014 12:36:27 PM PDT · by 2ndDivisionVet · 7 replies
    Forbes ^ | July 21, 2014 | Michael F. Cannon
    The U.S. Court of Appeals for the D.C. Circuit, often described as the second-highest court in the land, could rule on Halbig v. Burwell as early as tomorrow. Halbig is one of four lawsuits challenging the legality of the health-insurance subsidies the IRS is dispensing in the 36 states that did not establish a health-insurance Exchange under the Patient Protection and Affordable Care Act, or “ObamaCare,” and thus have Exchanges established by the federal government. Though the PPACA repeatedly states those subsidies are available only “through an Exchange established by the State,” and there are indications IRS officials knew they...
  • WH trying to pre-empt sticker shock on September premium increases

    07/07/2014 10:25:29 AM PDT · by 2ndDivisionVet · 8 replies
    Hot Air ^ | July 7, 2014 | Ed Morrissey
    And well they might. Insurers got a close look at the profiles of the enrollees in the individual health-insurance market this spring, and they turned out to be sicker than projected, as the “young invincibles” took a pass on ObamaCare in 2014. That means that premiums will go up in the fall in order to cover the added expense of the higher-risk enrollments — and that has the Obama administration spin team working extra hard this summer to cover their rear ends just before the midterms: Most state health insurance rates for 2015 are scheduled to be approved by early...
  • High court is right’s backstop

    07/05/2014 2:52:25 AM PDT · by Cincinatus' Wife · 10 replies
    The Hill ^ | July 4, 2014 | Niall Stanage
    Conservatives increasingly see the Supreme Court as a last line of defense against the Obama administration’s agenda. Despite the court’s 5-4 vote to uphold the president’s healthcare law, the justices have more frequently pushed back at what conservatives see as overreach by the White House. A view that the High Court is having more success than the GOP House as a check on President Obama has been developing for some time, but became all the more prevalent after its decisions in the recent Hobby Lobby and Noel Canning cases. “What we are experiencing is a high court reining in an...
  • George F. Will: Stopping a lawless president

    06/21/2014 6:13:59 AM PDT · by Cincinatus' Wife · 143 replies
    Washington Post ^ | June 20, 2014 | George Will
    What philosopher Harvey Mansfield calls “taming the prince” — making executive power compatible with democracy’s abhorrence of arbitrary power — has been a perennial problem of modern politics. It is now more urgent in the United States than at any time since the Founders, having rebelled against George III’s unfettered exercise of “royal prerogative,” stipulated that presidents “shall take care that the laws be faithfully executed.” Serious as are the policy disagreements roiling Washington, none is as important as the structural distortion threatening constitutional equilibrium. Institutional derangement driven by unchecked presidential aggrandizement did not begin with Barack Obama, but his...
  • Cook County Judge Removed From Bench

    05/09/2014 2:35:43 PM PDT · by PBRCat · 14 replies
    The Chicago Tribune ^ | May 9, 2014 | Steven Schmadeke
    “Our goal is to maintain public confidence in our court system and its judicial officers.” “We are sympathetic to respondent’s mental health issues,” the ruling said. “Nonetheless, the judicial profession requires a high level of mental ability and proper mental function.” Brim had testified before the panel for nearly two hours in March in a bid to save her job. She was found not guilty of misdemeanor battery by reason of insanity last year for shoving a sheriff's deputy outside the Daley Center during a manic episode in March 2012. A day earlier, while on the bench, she broke into...
  • Roe and Gay Marriage

    05/01/2014 6:57:34 AM PDT · by SeekAndFind · 14 replies
    American Thinker ^ | 05/01/2014 | J.R. Dunn
    Behold a runaway judiciary. One that is forcing an unwanted socio-sexual innovation in violation of tradition, religious values, and simple logic on the country at large, with the support of media, academic, and political elites with no evident regard for the consequences. Gay marriage? Yes – and in detail. But in fact, we’ve seen the same scenario before, within living memory of many AT readers. Legalized abortion was forced on the country in 1973 by identical means. There was no public debate, no crisis that had to be met, no reason to establish it by legal duress except that the...
  • Calif. moves to ban judges affiliated with Boy Scouts

    04/21/2014 7:26:06 AM PDT · by Rusty0604 · 34 replies
    Daily Caller ^ | 04/21/2014 | Patrick Howley
    In a move with major legal implications, The California Supreme Court Advisory Committee on The Code of Judicial Ethics has proposed to classify the Boy Scouts as practicing “invidious discrimination” against gays, which would end the group’s exemption to anti-discriminatory ethics rules and would prohibit judges from being affiliated with the group. “The Committee’s invitation ignores the fact that the change also encompasses other youth organizations whose membership is limited on the basis of gender, e.g., the Girl Scouts, as well as the military, which continues to practice ‘discrimination’ on the basis of gender,” wrote Catherine Short, legal director of...
  • Immigration Reform in a Republican-Controlled Senate, Pt. 2

    04/16/2014 2:18:25 PM PDT · by ObamahatesPACoal
    The numbers count of any likely GOP Senate majority in the new Congress suggests that real immigration reform is by no means a forgone conclusion. Indeed, it could be rather iffy. The ratio of Democrats to Republicans is important, as is control of the Senate. And the actual composition of the crucial Senate committees matters as well, and that certainly includes the Senate Judiciary that has primary (but shared) jurisdiction over immigration legislation. As it stands now, of the eight Republican members of the Judiciary Committee, two were original members of the 2013 "Gang of Eight."
  • Ohio Representative Moves to Impeach (Federal) Judge for Pro-Gay Rulings

    04/09/2014 7:06:18 PM PDT · by xzins · 29 replies
    Christian Headlines ^ | Wednesday, April 09, 2014 | Carrie Dedrick
    Representative John Becker of Ohio has called to impeach a federal judge due to his recent rulings involving gay marriage. Becker says that U.S. District Court Judge Timothy Black has abused his power and went against the state and federal constitution through his pro-gay decisions. Becker’s office released a statement writing, “In an epic display of arrogance and incompetence, Judge Black announced that he will require the people of Ohio to disregard the Ohio Constitution and force the recognition of ‘homosexual marriages’ performed outside of Ohio. He persists in allowing his personal political bias to supersede jurisprudence.” In December the...
  • Texas Is Latest Red State To See Same-Sex Marriage Ban Ruled Unconstitutional (The Left gloats)

    02/26/2014 5:17:50 PM PST · by 2ndDivisionVet · 35 replies
    PoliticusUSA ^ | February 26, 2014 | Justin Baragona
    On Wednesday, a federal judge ruled that Texas’ amendment banning same-sex marriage is unconstitutional. While Judge Orlando Garcia stated that same-sex marriage should be legal in the state, he allowed his ruling to be stayed until an appeals court has a chance to review it. Therefore, at this moment, gay and lesbian couples cannot get married in the state of Texas. This is just the latest step in what will surely be the complete toppling of same-sex marriage bans across the country. Currently, gay marriage is legal in 17 states and the District of Columbia. At the same time, there...