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Keyword: judiciary

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  • The Ultimate Oxymoron

    05/15/2011 2:20:53 PM PDT · by jazusamo · 19 replies
    American Thinker Blog ^ | May 15, 2011 | Jim Yardley
    How many oxymoron jokes can there be? A lot, I can assure you. One of the most common examples would be military intelligence , with the phrase amicable divorce close behind. My personal favorite has to be a phrase used over and over (and probably one of the first any of us ever heard): common sense . Rick Moran's AT blog entry on May 14 titled " IN Court Says No Right To Resist Illegal Police Entry To Your Home " does a great job illustrating the out-of-control nature of our judiciary. It seems that last Thursday, the Indiana...
  • Appeals panel hearing ObamaCare suit comprised of 2 Obama nominees and a Clinton nominee

    05/10/2011 7:00:58 AM PDT · by UniqueViews · 28 replies
    Washington Examiner ^ | May 10, 2011 | Philip Klein
    A three-judge federal appeals panel comprised of two Obama nominees and a Clinton nominee will hear arguments later this morning in two lawsuits challenging the constitutionality of the national health care law. The makeup of the U.S. Fourth Circuit of Appeals panel is crucial, because in lower court rulings so far, Democratic judges have upheld the law while Republican judges have declared it unconstitutional. The judges on the panel will be Obama nominees James A. Wynn, Jr and Andre M. Davis, who will sit on the panel along with Clinton nominee Diana Gribbon Motz.
  • The Case For Originalism: Why The Constitution Must Be Interpreted According To Its Original Meaning

    04/27/2011 1:23:13 PM PDT · by stevelackner · 8 replies
    STEVELACKNER.COM ^ | April 27, 2011 | Steve W. Lackner
    Elbridge Gerry said to his colleagues in the First Congress in 1789, "The people of America can never be safe, if...[the federal government has] a right to exercise the power of giving constructions to the constitution different from the original instrument." Interpreting the Constitution according to the original meaning of the provisions therein is today labeled as the philosophy of originalism. It is the only logical and legitimate method of Constitutional interpretation. Early American Constitutional scholar St. George Tucker wrote in 1803, "The advantages of a written constitution, considered as the original contract of society must immediately strike every reflecting...
  • Waging war, union-style, in Wisconsin

    04/09/2011 2:21:52 AM PDT · by Cincinatus' Wife · 17 replies
    Washington Times ^ | April 9, 201 | Robert Knight
    It seems like only yesterday that progressives were warning us about “politicizing the judiciary.” That was after Iowa’s voters declined last November to retain three Supreme Court justices who had ruled to overturn the state’s marriage law. Today, after a feverish and expensive campaign by unions to remove conservative Wisconsin Supreme CourtJustice David Prosser, you’ll hear no such talk..... ....They reasoned, correctly, that flipping Justice Prosser’s seat to the liberal Ms. Kloppenburg could create a 4-3 liberal majority that could undo what Mr. Walker and the GOP legislature had wrought. The unions pulled out all stops,.....As with the unsavory behavior...
  • Judge who struck down Prop 8 confirms he's gay

    04/07/2011 5:42:53 PM PDT · by Free ThinkerNY · 100 replies
    Associated Press ^ | April 7, 2011
    The federal judge who struck down California's gay marriage ban has confirmed longtime rumors that he's gay, but said his sexuality was irrelevant in deciding the landmark case. Speaking for the first time about the case since retiring from the bench in February, former Chief U.S. District Judge Vaughn Walker said he never considered recusing himself from deciding the constitutionality of Proposition 8 because of his sexual orientation, the San Francisco Chronicle reported.
  • Senate Judiciary Approves Pro-Abortion Goodwin Liu Nomination

    04/08/2011 9:13:20 AM PDT · by julieee · 2 replies ^ | April 8, 2011 | Steven Ertelt
    Senate Judiciary Approves Pro-Abortion Goodwin Liu Nomination Washington, DC -- The Senate Judiciary Committee approved the nomination of a pro-abortion activists President Barack Obama nominated for a federal appeals court in the western United States.
  • Does Supreme Court Precedent Or The Constitution Prohibit A State From Banning Sex Toys?

    04/05/2011 11:05:46 PM PDT · by stevelackner · 74 replies
    STEVELACKNER.COM ^ | 4/1/2011 | Steven W. Lackner
    In his dissent in Lawrence v. Texas (2003), the Supreme Court case that invalidated Texas’s sodomy law, Justice Antonin Scalia cites the 11th Circuit case of William v. Pryor (2001) which upheld Alabama’s prohibition on the sale of sex toys on the ground that “[t]he crafting and safeguarding of public morality…indisputably is a legitimate government interest under rational basis scrutiny.” Scalia lists this ruling as one of “[c]ountless judicial decisions and legislative enactments” that “have relied on the ancient proposition that a governing majority’s belief that certain sexual behavior is ‘immoral and unacceptable’ constitutes a rational basis for regulation.” He...
  • In Final Hours, Prosser Makes His Case: ‘David versus the Wisconsin Left’

    04/04/2011 3:25:59 AM PDT · by Cincinatus' Wife · 30 replies
    The National Review ^ | April 3, 2011 | Robert Costa
    Green Lake, Wis. — On the frozen lip of sprawling Big Green Lake, local Republicans gathered in a small hotel ballroom this afternoon for their annual Lincoln Day dinner. Mark Slate, a 39 year-old candidate for county judge, was decked in a stovepipe hat, but the real attraction was state supreme-court justice David Prosser, who gave a rousing speech, urging conservatives to support him on Tuesday, when he faces JoAnne Kloppenburg, an environmental lawyer, at the polls. In his remarks, Prosser noted that the race has gone national. Union-friendly groups are pouring millions into the contest, hoping to tilt the...
  • Do we need Judicial "Reform"?

    03/02/2011 11:44:11 AM PST · by US Navy Vet · 10 replies
    02 Mar 2011 | US Navy Vet
    I think that the US Congress needs to have hearings on reforming the ENTIRE Judiciary. Put ALL Federal Judges out of office and put REAL Original Consitutionalists on thier place.
  • Facebook post upsets father of 23

    01/23/2011 9:36:41 AM PST · by chemicalman · 60 replies · 1+ views
    Daily Comet ^ | January 23, 2011 | John DeSantis
    THIBODAUX — Larry Luther didn’t see the Facebook post by a Terrebonne Parish child-support hearing officer about a barroom bouncer appearing before him who has 23 children and “too much time on his hands.” But people who read a Courier and Daily Comet story containing questions about the posting’s propriety had little trouble determining who the posting was about and called Luther to tell him. Now the 41-year-old grandfather says he is preparing to file a Louisiana Judiciary Commission complaint against the hearing officer, William Dunckelman. “I am waiting on the papers in the mail,” Luther said Friday night. “I...
  • Once Again, MTV Exploits America’s Youth

    02/02/2011 9:53:42 AM PST · by Kaslin · 32 replies ^ | February 2, 2011 | Marybeth Hicks
    Admittedly, the Egyptian uprising, the nullification of Obamacare and the ongoing ramifications of "Snowpocolypse 2011" could render the controversy about an MTV original program insignificant by comparison. After all, MTV is only out to destroy an entire generation. No big deal. Every adult - not just parents - should take the time to learn about the MTV show "Skins," a new "teen drama" that the Parents Television Council (PTC) has deemed "the most dangerous show on TV." Be careful when you go hunting for information about "Skins" lest your spouse conclude you've developed an interest in child pornography. The publicity...
  • Texas Judge Barred From Considering Constitutionality of Death Penalty

    01/13/2011 2:42:29 PM PST · by BuckeyeTexan · 3 replies
    WallStreetJournal ^ | 01/13/2011 | Nathan Koppel
    Houston state trial judge Kevin Fine last year made big news when he declared the state’s death penalty unconstitutional, ruling that it violates due process protections “to execute innocent people.” (snip) But Fine later reversed course, deciding that he would rescind his ruling until he could hold a detailed hearing on the constitutionality of the death penalty. (snip) But the death penalty, it appears, is no longer on trial in Texas, after the state’s highest criminal court yesterday ordered Fine to dismiss Green’s death-penalty challenge, concluding the defendant had no grounds to raise a constitutional claim unless and until he...
  • Chief justice urges progress naming judges

    01/01/2011 12:18:26 PM PST · by TEXOKIE · 17 replies
    AP ^ | 1/1/11 | Jesse Holland
    WASHINGTON – Republicans and Democrats must find a long-term solution to selecting federal judges, Chief Justice John Roberts says, while blaming both sides for the political gridlock of judicial nominations in the Senate. "Each political party has found it easy to turn on a dime from decrying to defending the blocking of judicial nominations, depending on their changing political fortunes," Roberts said Friday in his year-end report. "This has created acute difficulties for some judicial districts. Sitting judges in those districts have been burdened with extraordinary caseloads." ---SNIP--- "I am heartened that the Senate recently filled a number of district...
  • Voting The Straight Party Ticket

    11/04/2010 5:43:22 PM PDT · by Kaslin · 8 replies
    IBD Editorials ^ | November 4, 2010 | Staff
    Judicial Retention: Three judges in Iowa were disrobed on Tuesday for voting to end the state's ban on gay marriage. Even those who legislate from the bench would be wise not to ignore we the people. We've often complained about the power of unelected judges who, when not circumventing the U.S. Constitution and those of their respective states, are busy inventing new rights that often conflict with the will of the people, even after voters or their elected representatives have voted the opposite way. In some states, while voters may not get to pick the judges, they can vote to...
  • ...Catholic Politicians Who Support Abortion or Gay Marriage Must Publicly Repent

    10/18/2010 6:48:35 PM PDT · by JSDude1 · 2 replies ^ | October 18, 2010 | Michael W. Chapman
    ( – Catholic politicians who publicly support abortion or homosexual marriage and then seek to turn away from such “gravely sinful acts” must perform “public” actions of “repentance,” said Raymond Burke, the archbishop emeritus of St. Louis and the current head of the highest court at the Vatican, the Supreme Tribunal of the Apostolic Signatura. In remarks at the 5th Human Life International World Prayer Congress for Life in Rome, Italy, Arbp. Burke said that the culture today pushes a “cafeteria Catholicism,” whereby some Catholics pick and choose “what part of the deposit of faith to believe and practice.” As...
  • Iowa Holds A Major Judicial Election You’ve Heard Next to Nothing About

    10/12/2010 6:56:33 PM PDT · by JSDude1 · 4 replies
    Pajamas Media ^ | October 12, 2010 - | by Bryan Preston
    There aren’t a whole lot of things in politics about which anyone can claim: “This has never happened before!” But in Iowa, a major battle over judicial activism fits the bill. In all the years that Iowans have held to their odd, some would say cozy, system of appointing judges at all levels including the Supreme Court, a justice has never been voted off that court even though they all come up for a vote on a rotating basis. Each election cycle a few justices come up for retention, and in total they face the voters once every eight years....
  • Conservative group alleges liberal campaign on judicial elections ($oro$)

    09/12/2010 10:19:55 AM PDT · by Tolerance Sucks Rocks · 9 replies
    The Washington Post ^ | September 11, 2010 | Dan Eggen
    Record spending on judicial elections around the country has prompted calls for changes from a broad array of advocates, including moderate conservatives such as retired Supreme Court justice Sandra Day O'Connor. But a report issued Thursday by a small conservative group active in judicial elections alleges that the efforts to change such elections amount to a campaign to bolster liberals, with backing from financier and philanthropist George Soros. The report from the American Justice Partnership alleges that Soros has spent millions on "a highly coordinated, well-funded campaign" to "fundamentally alter the composition of America's state courts." Some advocacy groups say...
  • Kagan Now Recused From 21 Pending Supreme Court Cases

    09/10/2010 3:32:10 PM PDT · by OldDeckHand · 49 replies · 1+ views ^ | 09/10/2010 | Ashby Jones
    When President Obama nominated Elena Kagan to the Supreme Court in May, we and many others reported out that she’d likely have to recuse herself from a handful of cases for the upcoming term. The reason: she was the Solicitor General for the U.S. So she’d be conflicted on a number of cases, having already served as an advocate on many of them.
  • DEMOCRAT OR REPUBLICAN; Does it make a difference?

    08/12/2010 7:24:36 PM PDT · by geraldmcg · 12 replies
    WebToday ^ | 8-12-10 | WebToday
    WEBTODAY-- Since 1913 we have been transitioning to National Socialism and losing our freedoms bit by bit. Things are now so far gone that about the only difference between Democrats and Republicans is the rate of change. Full transition to National Socialism will be complete under the Democrats in about 10-15 years and under the Republicans in about 25-30 years. Paul Owen contends that the forces of destruction and corruption are so well entrenched you cannot fix the situation by simply throwing the "Bums" out. Throwing the "Bums" won't work because the "Bums" no longer run our country. Electing a...
  • Judge Robert Bork Blasts Elena Kagan

    06/23/2010 3:43:20 PM PDT · by BuckeyeTexan · 9 replies
    ABC News ^ | 06/23/2010 | Ariane de Vog
    Judge Robert Bork, whose nomination to the Supreme Court went down in flames in 1987 after contentious confirmation hearings, said for the first time today that he is opposed to Elena Kagan’s nomination to the Court. "Ms. Kagan has not had the time to develop a mature philosophy of judging," said Bork in a conference call organized by Americans United for Life. "It is typical of young lawyers going into constitutional law that they have inflated dreams of what constitutional law can do and what courts can do," Bork said. "That’s the danger of Ms. Kagan that she hasn’t had...