notoriously poor legal decisions, and judicial activism.
Note: The Supreme Court section has moved to its own page.
Recent rulings about the Ten Commandments have brought public scrutiny to the role of federal judges.
There is also a page nearby about the Property Seizures and the Supreme Court's recent eminent domain ruling.
There is a separate page about lawyers in general and frivolous lawsuits in particular.
This is an excellent commentary
on judicial activism, criminal justice, and media sensationalism:
Monroe judge charged in scheme to hide her address. Town Justice Lurlyn Winchester was arrested Wednesday [6/7/2017] on charges that she lied and gave fabricated documents to a bank and law enforcement officers to conceal that she lived in Rockland County and not in Monroe. Winchester, 58, was released on $50,000 bail bond after appearing in federal court in White Plains on felony charges of making false statements to a lender and obstruction of justice. She's accused of presenting a phony lease and rent checks to a bank in 2015 to deceive the lender into thinking she and her husband were going to rent out their New City home.
Boys sentenced in sexual abuse of Twin Falls girl; family upset with punishment. The family of a girl who was sexually abused last June are still not satisfied with the sentences recently given to the boys who abused her, the family's attorney said. Mark Guerry said he's unable to comment more specifically on the sentences after 5th District Magistrate Thomas Borresen again sealed the case and ordered the attorneys involved "to not discuss anything that was said or done." [...] Three boys, ages 14, 10, and 7, were charged in the case. The older boys, brothers, are from Eritrea, an African country, while the younger boy is from Iraq. The boys are from refugee families, but it is unclear how long they had been in the community.
Media Blackout: No Jail Time for Muslim 'Refugees' Who Raped 5-Year-Old Girl. The travesty of justice in Idaho is now complete. In the summer of 2016, a 5-year-old girl was orally and anally raped and urinated upon by three Muslim migrant boys in Twin Falls, Idaho. Since then, instead of getting justice, the victim's family has been abused by law enforcement and governing authorities as if they were the criminals — because what happened to their little girl contradicts the politically correct narrative about Muslim migrants. On Tuesday [6/6/2017], the perpetrators were sentenced, and the final injustice was done to this poor girl.
Drop that gavel!
Kelly: Courts Have Blocked Me 'From Doing Those Things I Know Would Make Americans Safe'. Homeland Security Secretary John Kelly told Congress on Tuesday that he expects that some of the foreign fighters who traveled to Iraq and Syria to return home to continue their plotting, and "we expect that some will look to travel to the United States to carry out attacks." But because the courts have blocked President Trump's temporary travel ban, Kelly said he is "not fully confident" that the Department of Homeland Security is doing "all that we can to weed out potential wrong-doers."
Federal Judge Is "Humiliated" For Having To Actually Uphold Immigration Law. If Judge Reinhardt is so upset by having to enforce federal immigration law, he can resign. The federal government is specifically tasked with protecting the nation from foreign invasion, which includes those who come to this country illegally as well as overstay their visas. The majority of countries in the world, including Mexico, refuse to tolerate those who are unlawfully present, and many, including Mexico, have harsher penalties.
DHS Officers Humiliate Judges by Enforcing Immigration Laws, Declares Judge. Judges are humiliated and dehumanized whenever they must enforce the nation's immigration laws, according to a senior judge on the far-left Ninth Circuit Court of Appeals. The judge's cry of outrage came when he could not block the orderly repatriation of an illegal immigrant who has two drunk driving convictions, plus a U.S. wife and three children. "We are unable to prevent [Andres] Magana Ortiz's removal, yet it is contrary to the values of this nation and its legal system," complained Judge Stephen Reinhardt, who wishes to extend citizens' rights to illegal foreign migrants.
Supreme Court Expedites Trump's Petition on Travel Ban Executive Order Case. President Trump issued Executive Order 13780 (EO) on March 6, Section 2(c) of which temporarily restricted travel from six Muslim-majority countries associated with terrorism while the United States developed new vetting procedures to keep the nation safe. Immigration activists sued, along with several immigrants and their families. A liberal federal district judge in Maryland granted a preliminary injunction blocking Section 2(c) of the EO. The U.S. Court of Appeals for the Fourth Circuit then affirmed the trial court's injunction in a 10-3 decision, ruling that the EO violated the Constitution's Establishment Clause, and taking the almost unheard-of step of all the court's judges hearing the case, instead of sending it to a three-judge panel.
The federal courts just joined 'the resistance'. Last Thursday, the Fourth Circuit Court of Appeals joined the resistance. In a 205-page opinion, it struck down President Trump's 90-day travel ban on foreign nationals from six majority Muslim countries. The ban was squarely within the authority of the president under USC 1182(f), which provides that: "Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation ... suspend the entry of all aliens or any class of aliens." That's clear enough, but the court set aside the order for two reasons. First, the text had to be read in the context of Trump campaign speeches that dripped "with religious intolerance, animus and discrimination." Second, the court doubted that the order's "vague words of national security" were supported by evidence that the excluded foreigners posed a danger to Americans.
How Sharia Supremacism and Judicial Imperialism Threaten National Security. The Fourth Circuit Court of Appeal's ruling against President Trump's so-called travel ban empowers both radical Islam and judicial imperialism. The combination portends lasting damage to the United States. To rehash, the executive order (EO) proclaimed temporary restrictions (the main one, for 90 days) on travel to the United States by the nationals of six countries — Iran, Libya, Somalia, Sudan, Syria, and Yemen. Those countries, along with Iraq (cited in Trump's original executive order, but not the revised EO at issue), had previously been singled out by Congress and President Obama — not because they are Muslim-majority countries, but because a) the presence or promotion of terrorism in their territories makes their nationals suspect and b) their anti-Americanism and/or dysfunctional governments render it impossible to conduct background checks on visa applicants. This Fourth Circuit's en banc review of prior invalidations of the EO by "progressive" activists masquerading as jurists produced 205 pages of opinions.
YouTube removes latest Planned Parenthood video on judge's order. YouTube removed a video showing top Planned Parenthood officials making gruesome comments about abortion on the order of a federal judge in California. U.S. District Judge William Orrick, who granted the preliminary injunction in favor of the National Abortion Federation to halt the release of the videos, ordered any links to the video to be removed after it was published by the Center for Medical Progress on Thursday [5/25/2017]. Judge Orrick also ordered CMP lead investigator David Daleiden and his attorneys to appear in court June 14, The Associated Press reported, for a hearing where he will consider holding them in contempt for releasing the footage.
On travel ban, judges reach 'Trump only' decision. There's a glaring political divide in the 4th Circuit Court of Appeals decision to stop President Trump's revised executive order limiting entry into the U.S. for some people from a few terror-plagued Muslim-majority nations. The court ruled against the president by a solid 10 to 3 vote. All ten on the winning side were appointed by Presidents Barack Obama or Bill Clinton. All three on the losing side were appointed by Presidents George W. Bush or George H.W. Bush. If anything, the decision shows the value of a two-term presidency in shaping the courts. The 4th Circuit, once solidly conservative, is conservative no longer with six Obama appointees.
Fake Judge Booted After Texas Learns She IS NOT a U.S. Citizen!. New reports are coming out of Corpus Christi, Texas that a fake municipal court judge has been placed on unpaid leave after city officials learned she IS NOT a U.S. citizen. How in the world did this happen?
Fake Law. Just as fake news spreads ideologically motivated misinformation with a newsy veneer, fake law brings us judicial posturing, virtue signaling, and opinionating masquerading as jurisprudence. And just as fake news augurs the end of authoritative reporting, fake law portends the diminution of law's legitimacy and the warping of judges' self-understanding of their constitutional role.
Federal judge orders Georgia to reopen voter registration ahead of 6th District runoff. A federal judge on Thursday [5/4/2017] ordered Georgia to temporarily reopen voter registration ahead of a hotly contested congressional runoff in the 6th District. U.S. District Judge Timothy Batten made the ruling as part of a broader lawsuit by a Washington-based advocacy group, which last month accused Georgia of violating federal law by reducing the amount of time residents have to register to vote. Voter registration shut down March 20 ahead of the deciding runoff June 20 for the 6th District election, which is being held in the northern suburbs of metro Atlanta. Batten, however, ordered registration immediately reopened until May 21.
Who needs elections? We got judges! What do you do when you lose everything between Maryland and the California border? You look for friendly judges who hate Trump as much as you do. You get these judges to write opinions that slow down or stop President Trump's agenda. It probably draws a cheer from left-wing precincts, but it does not serve the independence of the judiciary. After all, who wants to take the field when the guy calling balls and strikes is a partisan for the other team?
We're down to one branch of government. How did we reach the place where nobody knows what the "law of the land" is until the Supreme Court rules? How did the Supreme Court acquire so much blatantly unconstitutional and immoral power? The answer is easy: the Court stole it.
Does Judge Orrick Think President Obama 'Fundamentally Transformed' Executive Orders? William H. Orrick III is a Democrat campaign bundler and left-wing political activist. He has been known as "Judge Orrick" since 2013, when President Obama managed to get him on the federal bench — with the assistance of Republicans Senators Jeff Flake (Arizona), Lisa Murkowski (Alaska), and Susan Collins (Maine). All other Republicans opposed Orrick's nomination, except Bob Corker (Tennessee) who failed to vote. It was as Judge Orrick that the San Francisco-based social justice warrior issued a 49-page decision this week. His decision purported to invalidate President Trump's executive order (EO) on federal funding for "sanctuary" jurisdictions — cities, counties and other municipal subdivisions that refuse to cooperate in federal immigration-law enforcement. I say "purported" because Orrick's screed is a ruling about nothing. The Trump Justice Department had argued that the EO did nothing to alter pre-existing law.
Judge Orrick's Nullification of the Rule of Law. The Left, and the Democrats have now come full circle. Of course, Obama did not really believe in the rule of law — he believes only in what he deems is "progress" — and invoked the "Supreme Law of the Land" only because he judged it could be massaged to advance his leftist goals. This week, a grafting, Obama appointed district court judge, William H. Orrick, delivered a poorly written and lawless decision that — in essence — invokes the long discredited principle of nullification. Historically, nullification was the belief that a state could nullify, or interpose itself between its own laws and any federal law it deems unconstitutional. In this instance, we have cities that, by and and large, have been controlled by the Left for decades trying to establish a basis for so called "sanctuary cities." In truth they are are seeking nothing so much as a right to nullify federal laws they do not like.
Wife of Judge Who Blocked Pro-Life Videos Exposing Planned Parenthood is a Pro-Abortion Activist. In California, a federal judge blocked the release of additional videos exposing the abortion industry after the National Abortion Federation (NAF) said they were concerned about footage from events it sponsored for abortion groups across the country. Last month, four videos released by the Center for Medical Progress showed Planned Parenthood executives negotiating the sale of babies killed in abortions. As LifeNews previously reported, NAF filed a suit in federal court "seeking a temporary restraining order and preliminary injunction which would prohibit the Center for Medical Progress (CMP), David Daleiden, and others from releasing recordings and materials they illegally obtained at NAF's educational meetings."
San Francisco Federal Judge, Obama Bundler, Blocks Trump Sanctuary City Defunding Order. San Francisco based Federal Judge, William Orrick, issued a preliminary injunction today blocking any attempt by the Trump administration to withhold funding from "sanctuary cities" that do not cooperate with U.S. immigration officials. Judge Orrick said president Trump has no authority to attach new conditions to federal spending.
Judge blocks Trump order on sanctuary city money. A federal judge in San Francisco has blocked a Trump administration order to withhold funding from communities that limit cooperation with U.S. immigration authorities.
Judge Who Blocked Trump Sanctuary City Order Bundled $200K for Obama. Federal Judge William Orrick III, who on Tuesday blocked President Trump's order to withhold federal funds from sanctuary cities, reportedly bundled hundreds of thousands of dollars for President Barack Obama. Orrick, of the Northern District of California, issued an injunction against the Trump administration after the city of San Francisco and county of Santa Clara sued over the president's plan to withhold federal funds from municipalities that harbor illegal immigrants.
Judge who blocked Trump's sanctuary city order should have recused himself. The federal judge who ruled against President Trump's effort to withhold money from so-called sanctuary cities had no business presiding over the case. The appearance of partiality should have been enough for Judge William Orrick to disqualify himself. His established record of political and personal bias demanded recusal. I'm betting he didn't even consider it. Orrick came into the case with glaring conflicts of interest. First, he was an accomplished "bundler" for Barack Obama, raising over $200,000 and personally donating more than $30,000. Later, he was rewarded with a federal judgeship. So, his political favoritism is more conspicuous than it would be for your average federal judge. Second, Orrick worked on key immigration cases for Obama's Justice Department, overseeing the Office of Immigration Litigation.
A Ruling about Nothing. A showboating federal judge in San Francisco has issued an injunction against President Trump's executive order cutting off federal funds from so-called sanctuary cities. The ruling distorts the E.O. beyond recognition, accusing the president of usurping legislative authority despite the order's express adherence to "existing law." Moreover, undeterred by the inconvenience that the order has not been enforced, the activist court — better to say, the fantasist court — dreams up harms that might befall San Francisco and Santa Clara, the sanctuary jurisdictions behind the suit, if it were enforced. The court thus flouts the standing doctrine, which limits judicial authority to actual controversies involving concrete, non-speculative harms. Although he vents for 49 pages, Judge William H. Orrick III gives away the game early, on page 4. There, the Obama appointee explains that his ruling is about ... nothing.
Judge Blocking Sanctuary City Order Apparently Still Thinks He's Part of Obama Admin. A judge just declared taxpayers must give money to a city that refuses to enforce federal immigration law while at the same time refusing to give any redress for the family of dead Kate Steinle due to that same sanctuary city policy. Judge William Orrick, a legacy of the liberal gentry whose grandfather founded one of the big corporate law firms in San Francisco, whose father also sat on the federal bench (and the left complains of "nepotism"?), and who, according to Public Citizen, bundled nearly a quarter of a million for Obama's campaigns, blocked Trump's executive order defunding sanctuary cities by claiming sanctuary cities' refusal to actually enforce immigration law is an act of "immigration enforcement strategy." This, in the city that freed the killer of Katie Steinle just before he killed her. Oh, and by the way, liberal judges in the city also said that Kate's family can't sue the city for the sanctuary city policy that killed her.
Judge halted execution plan, then participated in death-penalty protest. An Arkansas judge who barred the state from hurriedly executing eight inmates attended a death-penalty rally just hours later — even posing as a condemned man as part of the protest.
AR Supreme Court Bars Judge Wendell Griffen from Death Penalty Cases. The Arkansas Supreme Court is taking action against Pulaski County Circuit Court Judge Wendell Griffen. The high court ruled early Monday afternoon that Judge Griffen be barred from hearing any death penalty, execution or drug protocol cases. The decision follows Griffen's protest Friday outside the Governor's Mansion against the scheduled executions.
Arkansas Supreme Court bars judge who joined protests from hearing death penalty cases. A state judge who railed against the death penalty at protest rallies while he blocked executions in his courtroom ran afoul of the Arkansas Supreme Court on Monday [4/17/2017] as the legal fight over a planned spate of executions continued into the night. The state high court barred Pulaski County Circuit Court Judge Wendell Griffen from hearing cases involving executions, capital punishment and the state's lethal injection protocol, then referred him to the Arkansas Judicial Discipline and Disability Commission. Judge Griffen lost the battle, but he may have won the war: The Arkansas high court also granted stays of execution to the two convicted murderers scheduled to be put to death by lethal injection Monday, Bruce Ward and Don Davis.
Judicial Independence in the Government of the People. Judges who hear individual cases should have the ability to use their discretion to dispense mercy and, even, leniency when and where they determine it is due. Without judicial independence, judges would be unable to render fair and impartial decisions based on the law alone. Too often they might be motivated by questions of whether their decisions are unpopular, or favor the powerful and well-connected over the weak, the criminal, and the despised. This is far different from allowing life-tenured federal judges to unduly interfere in political questions against the actions of elected political actors, unless it is plain and clear from the text of the law or the Constitution that the elected political actor has gone outside of lawful bounds.
A Federal Court Rewrites the Civil Rights Act. At what point do we declare that the judiciary is facing a credibility crisis? When do we finally decide that laws passed by Congress have no meaning and that judges are able to rewrite them at will, often using the most laughably specious reasoning? Yesterday [4/4/2017], the Seventh Circuit Court of Appeals unilaterally revised that the Civil Rights Act's ban on employment discrimination on the basis of "race, color, religion, sex, or national origin" so that it now includes a ban on sexual-orientation discrimination as well. Never mind the actual words on the page. Never mind the common meaning of the words then or now. All that matters is the right result -- the triumph of the social-justice "super clause" that is hidden in every law, regulation, or constitutional provision.
Obergefell's Toxic Judicial Legacy. The cultural, legal, and political consequences of establishing a right to same-sex marriage have dominated discussions regarding Justice Kennedy's Obergefell decision. Will religious institutions that oppose same-sex marriage lose their tax-exempt status? What will happen to vendors whose consciences prohibit them from participating in same-sex weddings? How and when will schools address same-sex marriage? Those consequences are important and merit serious discussion. However, another aspect of the case — Justice Kennedy's instructions regarding judges' authority to create new "rights" — will prove equally important in the long run. In Obergefell, Justice Kennedy did far more than merely discover a constitutional right to same-sex marriage. He wrote that judges have an ongoing "duty" to identify and protect new "fundamental rights." He maintained that judges should institute new rights whenever their "reasoned judgment" suggests that it is appropriate to do so.
Judge OK's Petition for America's First 'Genderless' Person. A Portland student has become the first American to gain legal designation as "genderless", following a ruling by a Multnomah County judge. The March 10 decision, reported for the first time on Thursday, involved a 27-year-old who was born male but claimed to identify with no gender whatsoever. Judge Amy Holmes, who approved the petition, also last year approved a "non-binary" gender designation for another Portland resident.
Federal Judge Extends Halt of Trump's Travel Ban Indefinitely. The same federal judge in Hawaii that temporarily blocked the president's travel ban 2.0 has now extended that injunction indefinitely, multiple sources reported early Thursday morning. The updated decision by U.S. District Court Judge Derrick Watson now means that the travel ban will be put on ice unless it is reinstated by higher appeals judge. Trump's second travel ban came after a three-judge panel issued a similar stay to an earlier version which temporarily halted the immigration and travel from citizens of seven majority Muslim countries to the United States. The original order also included preferential treatment for Christian refugees seeking resettlement in the United States. The second ban reduced the ban to only six countries and dumped the overt religious stipulations, but it still was not enough for Judge Watson[.] "The Court will not crawl into a corner, pull the shutters closed, and pretend it has not seen what it has," Watson wrote in his opinion.
Another Reason To Impeach Anti-Trump Judge Theodore Chuang. Theodore Chuang, the Federal District Judge for the District of Maryland who halted most elements of President Trump's latest executive order temporarily banning travel from six Middle Eastern countries, as well as refugees from all countries, served as deputy general counsel at the Department of Homeland Security Judge Chuang(DHS) in the Obama administration from 2009 to 2014. Breitbart's Michael Patrick Leahy says his March 15 ruling in the case, International Refugee Assistance Project (IRAP) v. Trump, in which DHS, the State Department, and President Trump are defendants, raises legitimate questions about whether he should have recused himself from hearing the case in the first place.
Liberal Judges Unwittingly Declare ObamaCare Religious Mandate Unconstitutional. They don't realize it, but liberals have just declared that Obama's HHS mandate — which forced Catholics to cooperate with providing abortion and contraception — is unconstitutional. The new interpretation of the Establishment Clause espoused by the activist judges who are striking down Trump's EO is that anything that has a disparate impact on a religious group is unconstitutional. The rulings by activist judges declaring Trump's EO on immigration to be unconstitutional were based on arguments that if the EO/law had a disparate impact on any faith, or that if the person behind the EO/law ever said anything that could be construed to violate the new liberal interpretation of the establishment clause, then the EO/law in question was unconstitutional.
When Judges Cross Lines. Activist federal judges in Hawaii and Maryland have issued rulings blocking the Trump administration's second executive order (EO) limiting travel to the U.S. from certain unstable, dangerous countries. Per the courts, these orders will supposedly prohibit potential religious discrimination until the complainants' case can be heard on the merits. However, they do nothing of the sort. In fact, they simply offer more of the same flawed reasoning found in the orders blocking implementation of the first "travel ban," EO-13769. They also demonstrate the dangers that emerge when the courts appoint themselves enforcers of an anti-borders orthodoxy, rather than performing their constitutionally assigned function as the interpreters of existing legal precedent.
Feud in the Ninth Circuit. Whatever else one can say about President Trump's so-called travel ban, it has ignited a fabulous feud among the riders of the 9th United States Appeals Circuit. One has called the whole case a "folly" and likened it not just to a dog being wagged by its tail but also to a St. Bernard "being wagged by a flea on its tail." It's hard not to imagine that, from the high bench, the sages of the Supreme Court are enjoying the spectacle. The business about the St. Bernard and the flea is from of one the clearest-thinking judges on the whole appeals bench, Alex Kozinski. He issued a dissent from the refusal of the 9th circuit to give a full, en banc review of a district court's decision to block President Trump's travel ban. He warns of a chilling effect of courts holding politicians to account for comments made on the stump.
What 2 Obama Judges Got Wrong in Striking Down Travel Executive Order. Two federal judges, both nominated by President Barack Obama, have issued injunctions against President Donald Trump's revised executive order temporarily restricting travel from six terrorist safe havens in the Middle East and Africa. The decisions by Derrick Kahala Watson in Hawaii and Theodore David Chuang in Maryland should shock no one — not because the judges are correct, but because their decisions follow the same pattern as prior decisions in Washington state and the 9th U.S. Circuit Court of Appeals over the first order. These rulings ignore or misinterpret federal immigration law that gives the president the clear authority to act and prior Supreme Court precedents that support the legality of the president's actions.
Trump: 'People are screaming to break up the 9th Circuit'; Here's how to do it. Currently, said circuit is composed of nine Western states and the territory of Guam. What this means in practice is, thanks to blue-slip tradition in the judiciary committee — which effectively subjects blue state judicial appointments to approval from blue state senators — liberal jurists from California, Hawaii, Oregon, and Washington end up ruling on cases in Alaska, Arizona, Idaho, Nevada, and Montana. So, not only is the Ninth Circuit a primordial ooze for bad, oft-overturned jurisprudence, but it subjects millions in red states to blue state super-legislation (as the majority of federal cases never go to the Supreme Court). It also subjects everyone involved to an overburdened circuit taking a disproportionately long time to serve justice. While Trump's opponents will surely see the suggestion as cause for yet another hysteric meltdown, Congress has the power to do just this — and more — by simply passing legislation.
Five 9th Circuit Judges Dish Out Ruthless Take Down to Anti-Trump Travel Ban Decision. [Scroll down] The five judges note some of the absurdities in the original 3-judge panel decision: claiming a consular officer must be deferred to more than the President of the United States; claiming first amendment rights exist for foreigners when the Supreme Court twice ruled otherwise; the claim that people here could claim a constitutional right for someone else to travel here, a decision specifically rejected by the Supreme Court just a year ago; and analogous Trumpian kind of immigration exclusion was uniformly approved by Circuit courts across the country in decisions issued between 2003 and 2008. As the five panelists conclude, the overwhelming precedent and legal history reveals a court simply cannot "apply ordinary constitutional standards to immigration policy." The five judges don't quit there, though. They go on to identify other "obvious" errors.
Stop 'Stalking' Local Courthouses, California's Top Judge Tells ICE. In a letter to Attorney General Jeff Sessions and Homeland Security Secretary John Kelly, state Chief Justice Tani Cantil-Sakauye asked the federal government to immediately stop detaining suspected undocumented immigrants at courthouses in California. "Enforcement policies that include stalking courthouses and arresting undocumented immigrants, the vast majority of whom pose no risk to public safety, are neither safe nor fair," she wrote. "They not only compromise our core value of fairness but they undermine the judiciary's ability to provide equal access to justice."
The Editor says...
Send the Refugees to Hawaii. There is more judicial tyranny to warn you about. Judge Derrick Watson of Hawaii [...] blocked President Trump's temporary immigration ban. [...] Judge Watson's decision puts all of us in grave danger. Attorney General Jeff Sessions says around three hundred of the FBI's active domestic terror investigations involve people who came here as refugees. That's a lot of potential jihadists. How many more Americans must die in the name of political correctness? So I say send all the refugees to Honolulu. Every last one of them.
Was Obama Involved in Pre-Planned Judicial Block of Trump Travel Ban? As the Honolulu News Media points out: U.S. District Judge Derrick Kahala Watson, who halted President Donald Trump's revised travel ban Wednesday, is a 1984 graduate of Kamehameha Schools who was in President Barack Obama's class at Harvard Law School. Watson, 50, was appointed by Obama in November 2012 and confirmed by the U.S. Senate in April 2013. Coincidences? Or did President Obama travel to Hawaii to initiate, facilitate, or participate in the decision by Judge Watson?
Hawaii Judge's Ruling Could Lead to Constitutional Crisis. When a Ninth Circuit panel issued a decision striking down President Trump's original travel ban, I described its opinion as "limited in impact, but full of mischief." The biggest piece of mischief, I thought, was the panel's suggestion the administration's order violates the Establishment and Equal Protection Clauses because it was intended to disfavor Muslims. Citing statements made by Trump when he ran for president, the panel found that this argument raises "serious allegations and present significant constitutional questions." However, it "reserve[d] consideration of these claims until the merits of this appeal have been fully briefed." This bit of result-driven idiocy has now become the basis for the decision by a federal district judge in Hawaii striking down the Trump administration's new travel ban. Eugene Kontorovich at the Volokh Conspiracy exploded it following the Ninth Circuit panel's ruling.
When Leftist Judges Didn't Complain: 2014 — To Protect Tourism, Hawaii Paid Homeless to Leave. Remember in 2014, when Hawaii gave the homeless one-way tickets out of Hawaii? Why do we have to take refugees from terror nations who haven't gone through "extreme vetting"? They wanted to keep them away from tourists but somehow tourists won't be aghast at thousands of poorly screened and potential jihadists from Iran, Somalia, Sudan, Libya, Yemen, and Syria. One of the reasons a Hawaiian judge gave for putting a halt to Trump's travel ban from these extremely dangerous terror nations is it would hurt tourism! Just two-and-a-half years ago. Hawaii launched a $1.3 million initiative to fight homelessness by flying them out of Waikiki to the lower 48.
Thomas Jefferson: His opinion on our radical leftist "Judges". The brilliant words of Thomas Jefferson echo through the ages, a slap in the face to rogue despots wearing black robes.
3 Most Idiotic Pronouncements From Hawaii Judge's Decision Restraining Trump's Executive Order. On Wednesday evening [3/15/2017], a federal judge in Hawaii issued one of the most inane and insane judicial rulings in recent memory, placing a national temporary restraining order on President Trump's revised executive order concerning refugees and immigration from terror-rich countries. The decision is a clear usurpation of legislative function by the judiciary and a clear overwriting of power delegated to the president by the Constitution and relevant legislation. What's worse, the logic essentially allows any state to destroy the president's power as commander-in-chief.
The judges & others who left alleged EMT killer walking free. Just what does it take to get a ticking-time-bomb thug off the streets? That searing question is prompted by news that the man charged with the murder of an EMT last week had no business walking free — yet officials failed to rein him in. At just 25, José Gonzalez already had 31 arrests, including violent incidents, before his fatal run-in with EMT Yadira Arroyo. Reports also say he was a Bloods gang member. Yet a Mayor de Blasio-tapped rookie judge, David Kirschner, still gave him a free pass — just three weeks before the fatal encounter.
Judge Considers Ordering President Donald Trump to Double 50,000 Refugee Inflow to the United States. A federal District Court judge in Maryland is considering whether he should order President Donald Trump to double the annual inflow of refugees up to 100,000 per year. Any demand by the judge that the federal government airbus an extra 50,000 migrants — including many adherents of Islam's sharia legal system — into American neighborhoods would be an unusual intervention into government roles normally left to the elected President and Congress. If actually implemented, the judge's plan also would be extremely expensive for Americans, because state and local communities subsidize each new immigrant with roughly $1,600 each per year for decades.
More on the Left's Judicial Coup. Two federal judges, one in Hawaii and one in Maryland, have enjoined execution of President Trump's travel order. These court orders are obviously illegal and unconstitutional. Under the Constitution and federal law, the president has the power to suspend immigration from any and all countries if he deems it in the best interest of the United States. The idea that Trump's travel order "discriminates" against foreign Muslims is ridiculous. The Supreme Court has made clear, in cases we have cited repeatedly, that no foreigner has a right to enter the U.S. Our immigration and travel policies are entirely our business. If we choose to "discriminate," we are entitled to do so, and have in fact done so throughout our history. What we are witnessing is nothing less than a left-wing judicial coup, an effort to nullify the result of the last election by unconstitutionally depriving the president of his powers. And what reason is there to assume that the coup will stop with Trump's inoffensive travel order?
Lawmakers warn judges ruling on travel bans against exceeding power. This week's rulings against President Trump's revised executive order on travel and refugees have sparked heated pushback from Republicans on Capitol Hill, who say judges have crossed the line to become adversaries of this White House — and suggested retribution could be coming. Even some judges seemed worried about the tenor of recent rulings, saying their colleagues appeared to be letting personal beliefs taint their legal reasoning.
Could Someone Please Inform the Judiciary That Jihadists Are Muslim? [E]ven a cursory look at the six countries included in Trump's temporary travel ban exposes the court's legal, intellectual, and moral bankruptcy: Syria not only contains the capital of ISIS's caliphate, it's also home to thousands of al-Qaeda-affiliated and other jihadist terrorists, and its government is a Hezbollah-, Iran-, and Russia-supported genocidal regime that is largely responsible for the worst humanitarian catastrophe of the 21st century. Iran is a sworn enemy of the United States, is responsible for the deaths of hundreds of Americans, and is likely the world's foremost terror-exporting nation-state. Yemen is the home of one of al-Qaeda's most potent remaining branches, is torn apart by civil war, and does not have a functioning government by any reasonable standard. Libya is split between warring jihadist militias and nominal American allies. ISIS attempted to establish a fallback stronghold in the city of Sirte, and it has been torn apart by civil war. Somalia is a failed state. Its own jihadist army, al-Shabaab, has exported terror beyond its borders, and Somalian immigrants have not only conducted terror attacks in the United States, they've sought to join with ISIS to carry out terror attacks at home and abroad. Sudan long ago harbored Osama bin Laden, but in more recent years has launched its own jihadist genocide, killing tens of thousands (or, more likely, hundreds of thousands) of innocent men, women, and children. But to a federal judge in Hawaii, all this is largely irrelevant.
We Are Living Under Judicial Anarchy!. On "The Mark Levin Show" Wednesday night, Conservative Review's editor-in-chief called out "rogue judges" in today's "judicial anarchy," as one Derrick Watson, a federal judge in Hawaii, blocked President Trump's second draft of the executive order suspending travel from six high-risk countries. "We have, ladies and gentlemen, rogue federal district judges now; we have rogue courts," Levin exclaimed. "We have judicial anarchy taking place ... where judges are seizing plenary authority from the president of the United States to keep this nation safe — to control our borders and to determine the nature of our immigration in this country." [Audio clip]
Rogue judges give legal standing to hypothetical immigrants. When President Trump issued his revised immigration order, I warned that unless we reassess our erroneous views of judicial power, the courts would create an affirmative right to immigrate. Even though the revised order applies only to prospective immigrants who have never stepped foot on our shores, we predicted that the courts would completely erase national sovereignty. They did not disappoint. Over the past few days, several liberal legal groups and a handful of blue states (led by Hawaii) have sued against the new order. One federal district judge grotesquely manipulated the rules of standing and issued a temporary restraining order against the executive order, even in a case where Trump's moratorium was inapplicable.
A Liberal Coup Is In Progress. Derrick Watson, a Democratic Party activist who was appointed to the federal bench in Hawaii by President Obama in 2012, has issued a purported injunction barring implementation of President Trump's travel order. I have not yet read Watson's opinion, and will comment on it in detail when I have done so. But I have read Trump's order, and the idea that it somehow can be blocked by a federal judge is ridiculous. The order is absolutely within the president's constitutional discretion. What we are seeing here is a coup: a coup by the New Class; by the Democratic Party; by far leftists embedded in the bureaucracy and the federal judiciary. Our duly elected president has issued an order that is plainly within his constitutional powers, and leftists have conspired to abuse legal processes to block it.
A New, Ideological Litmus Test for Christian Judges. On December 2014, a reporter at a local Wyoming paper, the Pinedale Roundup, called the town's municipal judge, Ruth Neely, to ask if she was "excited" to be able to perform same-sex marriages. (Two months earlier, the state had decided not to defend its same-sex marriage ban after it was struck down by a federal judge.) In the ensuing conversation and later ones, Judge Neely explained that she'd never been asked to perform a same-sex marriage and mentioned her religious belief that marriage is the union of a husband and wife. She also made clear that her beliefs would not prevent any same-sex couple in the area from getting married. (They have not, in fact, done so, either: To this day, no one has asked her to perform a same-sex wedding.) Ominously, the reporter later called Judge Neely and offered not to run the story if she would "state a willingness to perform same-sex marriages." This odd reaction to the judge's response to a hypothetical question was a portent of further trouble.
Judge gives custody of child to 1 dad and 2 moms. An unconventional family produced a child before becoming tangled in a lengthy custody battle that ended last week when a New York judge awarded shared custody of the boy to his dad and two mothers. The boy in the case is the biological child of a man and one of his neighbors. Both the man and his wife had a longstanding, intimate relationship with the birth mother, according to court documents.
Sonia Sotomayor saddened by perception of judges as political. Supreme Court Justice Sonia Sotomayor bemoaned people losing confidence in judges they believe to be political while taking questions at the University of California, Berkley on Thursday. Sotomayor urged the crowd, "[D]on't give up hope on us" and said judges are "human beings who care deeply about what we're doing," according to the Associated Press. The justice also said since the late Justice Antonin Scalia's death that the eight remaining justices are "talking more" and "trying to reach consensus more."
Oregon judge faces scrutiny for allegedly helping illegal immigrant escape ICE. An Oregon judge is being investigated after she allegedly helped an illegal immigrant elude ICE agents in January by guiding the man through a private entrance at the courthouse. Multnomah County Judge Monica Heeranz was notified by court staff that ICE agents were waiting outside her courtroom to possibly apprehend Diddier Pacheco Salazar, a 22-year-old Mexican national attending a DUI hearing, U.S. Attorney Billy Willaims said. Specific details about what happend inside the courtroom next is not clear. But Salazar reportedly somehow managed to leave the room using an employee exit.
Anti-Trump Democrats' Best Allies Are Senate Republicans. So far, the Senate has confirmed 14 of the 549 senior federal positions that President Trump needs to run the government and who need Senate confirmation — Cabinet secretaries and people who run the departments, bureaus, agencies and the rest of the government. The rest of the government is being run by career bureaucrats and a few Obama holdovers. There are another 120 vacant federal judgeships and, of course, the Neil Gorsuch nomination to the Supreme Court. Each requires Senate approval.
A Federal Court of Appeals Goes to War against the Second Amendment. What happens when you mix contempt for individual rights with a healthy dose of willful ignorance and fear? You get the Fourth Circuit Court of Appeals, the court that's teaching the legal Left the recipe for attacking the Second Amendment. Twice in less than a month, the court has radically restricted the constitutional rights of gun owners. In January, it held that even lawful gun owners are inherently "dangerous" and can face limitations on their constitutional rights, including the right to be free of unreasonable search and seizure, simply because they possess a gun.
The Fourth Circuit Runs Roughshod over Heller and the Second Amendment. Freed up by the Supreme Court's ongoing reluctance to engage in depth with the Second Amendment, the Fourth Circuit has taken it upon itself to rewrite Heller en banc. In a 10-4 decision, issued yesterday afternoon [2/21/2017], the court upheld Maryland's ban on both "assault weapons" and "high capacity magazines." By so doing, it deprived the people of Maryland, the Carolinas, and the Virginias of the core protections to which the Constitution entitles them.
More of Hillary Clinton's secrets are kept from the public as judge turns down demand for State Department documents about her secret server. A federal judge ruled yesterday [2/21/2017] not to hand another 30 documents pertaining to former Secretary of State Hillary Clinton's secret email server over to a conservative watchdog group. Judge James E. Boasberg concluded that 'Judicial Watch has not provided a sufficient basis to believe that the information withheld by the State Department would shed light on any government misconduct,' the decision read, according to Politico. Using the Freedom of Information Act, Judicial Watch, the group that got many of Clinton's emails released, wanted additional correspondence about Clinton's server released to the public.
The Ninth Circuit's Stay On Trump's Immigration Order Is Legal Garbage. The ruling is no surprise. Two of the judges were appointed by presidents Carter and Obama. And it is the Ninth Circuit, which is not exactly a hotbed of conservative thought. After hearing the oral arguments, my only question was whether it would be a 2-1 ruling against President Trump, or a 3-0 ruling. Turns out, we're not even 100 percent sure on that front. More surprising was just how sloppy the opinion was. It was weak on facts. Weak on law. Weak on analysis. Heavy on conjecture and supposition and misspeak. It's clear the judges were simply going through the exercise of writing an opinion so they could get to the outcome they wanted. The problem is, the outcome they wanted is, legally speaking, wrong.
The Ninth Circuit: Dangerously Out Of Order. Three unelected federal judges in San Francisco yesterday [2/9/2017] ordered the Trump administration to continue accepting visitors and would-be immigrants from seven dangerous countries that are incubators of Muslim terrorism. [...] The open-borders crowd doesn't have a legal leg to stand on. That may be why at a press conference celebrating the outrageous ruling, a member of Washington Attorney General Bob Ferguson's (D) team deployed the phrase "social justice" to justify the decision. "Social justice" is a magical amulet that nullifies anything the Left doesn't like, including the president's executive order. Its very invocation is an admission that a cause is illegitimate and un-American.
Judicial imperialism has been developing for decades. [70 items.]
There Are Still 117 Court Vacancies To Be Filled By Trump. President Donald Trump's influence on the federal judiciary goes further than just filling one seat on the Supreme Court. The president needs to fill 117 vacancies on various federal courts. On Jan. 31, Trump nominated Neil Gorsuch to fill the Supreme Court seat left vacant by the death of Justice Antonin Scalia. While this was certainly an important seat to fill, more than 13 percent of all lifetime judiciary positions remain vacant.
Gowdy Slams 9th Circuit Opinion: No Right For Non-Citizens To Come To US. South Carolina Republican Rep. Trey Gowdy, a former federal prosecutor, took apart the 9th Circuit Court of Appeals ruling that blocked President Donald Trump's immigration pause Thursday night. Gowdy said in a statement that no one should be surprised with the ruling that came from the court and that the 9th Circuit "has a well-earned reputation for being presumptively reversible. Unlike the district court order, there is at least a court opinion which can be evaluated."
Analysis: Ninth Circuit Would Allow 9/11 Hijacker to Sue to Come to U.S.. The judgment of the Ninth Circuit upholding the temporary restraining order (TRO) against President Donald Trump's recent executive order restricting travel from seven terror-prone countries would have allowed one of the 9/11 hijackers to sue the government to come to, or stay in, the United States. Under the court's novel theory of legal standing, "injuries" to public universities that result from foreign students and teachers not being able to enter the country give the states standing to sue.
The Ninth Circuit's Power Grab. A federal judge in Seattle, James Robart, issued a temporary restraining order against the travel ban at the behest of two states, Washington and Minnesota, run by Democratic governors. Now, the Ninth Circuit has upheld this single, unelected jurist's usurpation of the power to make American national-security policy. According to the three-judge panel, even illegal aliens, to say nothing of aliens holding non-immigrant visas or permanent-resident status, have due-process rights against government actions to protect Americans from foreign threats. Therefore, the president and Congress (i.e., the branches of government constitutionally responsible for national security) may not take such actions unless and until the judiciary (the branch with no such responsibility) has approved those actions. That aliens are not citizens and have no constitutional right to come to the United States is apparently superseded by their newfangled "right" to be welcomed into the United States courts. And even if they are not here already, even if they remain in the far reaches of the globe, this alien "right" may be asserted by state governments.
Ninth Circuit Court Now Demands It Be Protected From Itself. The Ninth Circuit Court of Appeals is now independently, on its own impetus, requesting an internal vote on a full panel en banc hearing to review its own decision. Additionally, the full ninth are asking the Trump administration to file an additional brief telling the court why the three member original appeals ruling authority was wrong. In essence, the smart judges know what wasn't considered, and are now looking for an out.
Why the 9th Circuit Order Was Wrong, and What Trump Should Do About It. At Defining Ideas, Michael McConnell, a former federal appellate judge and now a distinguished professor at Stanford Law School, addresses the 9th Circuit panel's decision denying the Trump administration's motion for an emergency stay, and finds it wanting. [...] The 9th Circuit order did not challenge the blindingly obvious fact — 8 U.S.C. §1182(f) — that the president can, by order, suspend the entry of "any class of aliens" into the United States. So the 9th Circuit decision was wrong. Where does the Trump administration go from here?
Troops Await Deployment Orders from Ninth Circuit. Apart from the unremitting attacks on Republicans by paid mobs and Democratic congressmen desperate to help the base forget they lost big time and will continue to do so in 2018, the big news this week has to be the Ninth Circuit Court of Appeals granting itself the right to dictate foreign policy despite the clear words of the Constitution and federal law granting the president the absolute right to preclude entry to any alien he thinks poses a threat to national security. Following a nonsensical decision by federal court Judge James Robart in Washington state staying the suspension of entry from seven countries, the administration sought to overturn it — the most popular Trump executive order — in the Ninth Circuit, the largest and most frequently overturned federal Circuit Court.
The Ninth Circuit gets it wrong. A three-judge panel of the Ninth Circuit Court has repeated the mistakes made by the district court judge who stayed President Trump's executive order (EO) temporarily suspending visas from seven terrorist havens. Both the judge in Washington State and the San Francisco-based circuit court have now refused to recognize the authority of Congress and the president to make this national security decision. Neither the judge in Washington State nor the court has offered anything approaching a detailed discussion of 8 U.S.C.§1182(f), the law which specifically gives the president authority to suspend the entry of any aliens into the U.S. if he believes their entry would be "detrimental to the interests of the United States." Unless this statutory provision is unconstitutional, the president has acted completely within the law.
Trump is Right, There are Some Major Problems With Ninth Circuit Travel Ban Decision. Without getting too buried in the legal weeds, the weakest claims by the Ninth Circuit revolve around two areas: 1) the judges assert the courts can use Trump's prior statements on the campaign trail to determine the (maybe bad?) motivation behind the law 2) the judges remarkably found that the states of Washington and Minnesota having standing to sue. If Trump appeals the decision to the U.S. Supreme Court, it is possible that the justices would come to a 4-4 decision which would effectively leave the 9th Circuit decision in place. But, it is also equally possible that one of the Justices could be swayed to Trump's side based on some shaky principles put forward by the notoriously liberal-leaning Ninth Circuit. "Look, this is not a solid decision. This is a decision that looks like it's based more on policy than on constitutionality. There are many, many flaws," Constitutional law expert Alan Dershowitz said during a recent television appearance.
Court ends constitutional government by blocking Trump. The 228-year experiment with a Constitutional Republic took another step closer to ending today in a 9th Circuit Court of Appeals courtroom when a panel of three judges upheld a district court's decision that the president of the United States and Congress cannot control our borders. So much for the idea that elections have consequences. [...] he judges involved in this should be impeached for exceeding their authority. There is no way every single district judge in America has the power or authority to make a policy decision affecting the national security of 320 million Americans. The Supreme Court should make that perfectly clear.
The 9th Circuit's dangerous and unprecedented use of campaign statements to block presidential policy. The U.S. Court of Appeals for the 9th Circuit has just upheld a nationwide temporary injunction on President Trump's executive order relating to refugees and visas from certain countries. I think the court's opinion is weak in most respects, but I will address one of the most interesting and potentially far-reaching aspects. Generally, the president has vast discretion in issuing visas. One of the major arguments against the executive order is that while in principle a president can limit immigration from the seven affected countries, it would be unconstitutional for President Trump in particular to do so, because in his case the action is motivated by impermissible religious bias. The central exhibit for this argument is his campaign statements about a "Muslim ban." While the 9th Circuit did not address this at great length, focusing instead on due-process arguments, it did accept the basic validity of the form of the states' argument. "The States' claims raise serious allegations and present significant constitutional questions," wrote the court.
Trump Must Break Judicial Power. When politicians don black robes and seize powers they do not have, they should be called out for what they are — usurpers and petty tyrants. And if there is a cause upon which the populist right should unite, it is that elected representatives and executives make the laws and rule the nation. Not judges, and not justices.
A legal analysis of the Ninth Circuit's dangerous usurpation of presidential power. What we have here is a creeping constitutional coup. As long as President Obama was in charge and had a massive open-door policy at our borders and at our airports, in violation of statutory law, the judiciary was content to be silent. But when Donald Trump became president and tried to use the powers of the presidency to put some national security safeguards into place, the judiciary sprang into action. The judiciary has usurped the executive branch's powers and has created a parallel constitution — one that bears no relation to the founding document of our nation.
The Threat to the Integrity of an Independent Judiciary. President Trump's executive order on refugees was temporarily halted by a federal judge in Seattle without much in the way of legal reasoning, and it will shortly be ruled on again by a three-judge panel of the Ninth Circuit, one of whom is an Obama appointee, another a Carter appointee. If the rule of written law is the point of judicial independence, it shouldn't matter who appointed the judges, since their independence should produce uniform results regardless of their political leanings. And if you believe this is the way courts actually work, then naturally it is outrageously improper for prominent political figures to harangue the courts in an effort to influence their decisions. Trump has been doing a lot of haranguing.
Only CBS Highlights Long History of Democratic Presidents Slamming Judges. ABC and NBC on Thursday [2/9/2017] worried that Donald Trump is "taking shots at one of the pillars of this country," judges. Of the three networks, only CBS This Morning bothered to explain that there is nothing unusual about a president fighting with the judiciary. Reporter Jan Crawford highlighted the long history of Democrats, including Franklin Roosevelt, Bill Clinton and Barack Obama, of attacking judges. ABC's Good Morning America and NBC's Today skipped this point. Crawford explained, "President Obama berated conservative justices who were sitting right in front of him during the 2010 State of the Union address." She added, "President Clinton suggested at one point he would ask a lower federal court judge to resign over one of his controversial decisions."
Judge Who Will Rule on Trump Travel Order Won ACLU 'LGBT Award'. Judge Michelle T. Friedland, who is on the three-judge panel that will rule on President Donald Trump's executive order aimed at stopping terrorists from traveling to the United States, won the ACLU of Southern California's LGBT Award in 2009, according to the Democratic Sen. Patrick Leahy of Vermont. "She received the President's Pro Bono Service Award in 2013 from the State Bar of California and the LGBT Award from the American Civil Liberties Union of Southern California in 2009," Leahy said in the U.S. Senate on April 10, 2014, stating his approval of Friedland's confirmation to the U.S. Court of Appeals for the 9th Circuit.
Short Circuit: Bill Aims to Deep-Six 9th. How big is the 9th U.S. Circuit Court of Appeals? The San-Francisco-based circuit is so big that it represents nine states, including Nevada, 20 percent of the U.S. population and 40 percent of the nation's land mass. It's so big that Congress has looked at bills to split the circuit since 1941, and it's so big that none of those measures have succeeded.
What every American wants to know about federal judges. [T]he Seattle federal judge heard oral argument on the two states' emergency application for a temporary restraining order against the president. During that oral argument, the judge asked a lawyer for the Department of Justice how many arrests of foreign nationals from the seven countries singled out by the president for immigration suspension there have been in the United States since 9/11. When the DOJ lawyer said she did not know, the judge answered his own question by saying, "None." He was wrong. There have been dozens of people arrested and convicted in the United States for terrorism-related crimes since 9/11 who were born in the seven countries. Yet even if the judge had been correct, his question was irrelevant — and hence the answer meaningless — because it does not matter to a court what evidence the president relied on in this type of order. This is the kind of judicial second-guessing — substituting the judicial mind for the presidential mind — that is impermissible in our system.
Want to take back our sovereignty? Start by breaking up the Ninth Circuit. The time has come to strip the Ninth Circuit down to size. This court is by far the most anti-constitutional circuit amidst a federal judiciary where the majority of the circuits don't respect the Constitution as written. Most of the members of the Ninth have literally supplanted the written Constitution for an ever elastic set of ethos that are anchored to nothing more than the political values of these unelected judges at the time they woke up that day. Most importantly, what they have done to the sovereign state of Arizona is outrageous. Congress owes it to the good citizens of the Grand Canyon State to free them of the clutches of judicial tyranny.
The Judicial Coup Against President Trump. The federal judiciary is one of the core elements of the Deep State, and Federal Judge James' Robart's anti-constitutional order suspending President Donald Trump's Executive Order pausing immigration from seven terrorist hotspots is only the first step in a well thought out plan by the Deep State to conduct what amounts to a coup against the newly-elected Trump government. And Judge Robart's order was only the first step in how the coup will be conducted, step two has already been executed.
Immigration Rulings Continue Democrats' Strategy to Collect Votes. The Democratic Party has a 200-year history of activism with regard to defying federal law in order to control the movement of people. These efforts have always used one major strategy: to use the local power of mayors and state officials to rewrite and defy federal law. Now they are using judges sympathetic to the Democratic Party's political strategy.
Impeach Judge James L. Robart. Our friend Daniel Horowitz, whose recent articles for Conservative Review help make the case for the impeachment of Federal District Judge James L. Robart, the federal judge who vastly exceeded his authority in restraining President Trump's Executive Order temporarily pausing travel from seven terrorist hotspots, has a book-length explanation of what needs to be done to rein-in the federal judiciary and restore it to its proper constitutional role. In his book Stolen Sovereignty, Horowitz reminds us that "the courts did not create themselves."
Conservatives Build Case To Impeach Judge Robard. Yesterday [2/6/2017], we called for the impeachment of Federal District Judge James L. Robart, who on February 3, 2017 issued a temporary restraining order barring the federal executive branch from implementing President Trump's Executive Order temporarily barring travel from seven terrorist hotspots. It wasn't long before other conservatives made the case for the impeachment of Judge Robart. [...] Trump has the statutory authority to do what he did. Period. And Judge Robart had nothing but personal whim to justify his arbitrary and capricious ruling restraining the President's Executive Order.
The Tyrant in the Room. Calling judges tyrants may seem harsh, but anyone who makes up laws under the guise of interpreting the law is a tyrant imposing his personal will on the people. Such actions are a rejection of the core tenet of the Constitution that political power flows not from the barrel of a gun or from being appointed to the Supreme Court, but from the people. Liberals love tyrannical judges, because liberals have never been able get society to accept their agenda via democratic processes. Americans would not have voted to legalize abortion for any reason up until the moment of birth, for example.
Sorry: Trump's immigration order is totally legal. If the law means anything, the Trump administration will succeed in overturning the so-called court ruling against its travel ban. The nationwide stay of the ban issued by Judge James Robart, a Washington state-based federal district judge, is tissue-thin. It doesn't bother to engage on the substance, presumably because facts, logic and the law don't support Robart's sweeping assertion of judicial authority in an area where judicial power is inherently quite limited. This doesn't justify President Donald Trump tweeting that Robart is a "so-called judge." That slam earned Trump bipartisan blowback and may encourage other judges to tilt against Trump's ban in response to a perceived threat to the independence of the judiciary. But Robart's handiwork is shoddy and usurpatory, despite the fact that he is indeed a literal judge.
How to Drain the Judicial Swamp. It's no surprise the Democrats plan to fight against the nomination of President Trump's Supreme Court pick, 10th Circuit Court of Appeals judge Neil Gorsuch. There are no confirmation battles like Supreme Court confirmation battles because, as we always hear, such a decision can "shape the country for a generation." This doesn't sound like the role envisioned by the founders. As Alexander Hamilton wrote in The Federalist, No. 78, the judiciary is (theoretically) the "least dangerous" branch of government because it "has no influence over either the sword or the purse." So how have the courts been afforded so much power? "Afforded" is the word. In reality, the judiciary has become the most dangerous branch due to ignorance and congressional abdication of responsibility.
U.S. judge who stayed President Trump's immigration order abused his judicial power. I just read the ruling of U.S. District Judge James Robart blocking a sitting American president's ability to impose temporary rules limiting the entry of migrants seeking access to the United States so that the existing programs are properly evaluated and modified, as necessary, for reasons of national security. Can you spell "forum shopping" for a favorable judge? Imagine the attorney general of the state of Washington being able to strategically pick a judge who allows his personal preferences to override his responsibility to respect the law and apply it properly rather than acting as an independent arbiter with the duty to respect and follow the law.
Robart's Renegade Ruling. The old saw that "bad facts make bad law" is supposed to be operative only when a court is in a position of making law — i.e., deciding a vexing legal question in the absence of firm guidance from a statute or precedent. That is not the situation, however, in the matter of President Trump's temporary ban on entry into the U.S. by refugees and aliens from seven Muslim-majority countries. Federal district judge James Robart of Seattle was not on tabula rasa when he issued a temporary restraining order suspending the ban. He was acting in defiance of the law.
Federal appeals court decides to schedule a hearing on Trump travel order. A federal appeals court will hear arguments Tuesday on whether to restore President Trump's controversial immigration order, marking a critical juncture for the president's directive temporarily barring refugees and those from seven Muslim-majority countries from entering the United States. The hearing, which will be conducted by telephone, is to review an order by a lower court judge to put Trump's directive on hold.
Judge Robart's Dunce Cap. Does the 9th Circuit want anyone to assert border integrity? Doesn't look like it. Late in the day last Saturday [2/4/2017], the 9th Circuit Court of Appeals denied president Trump's DOJ emergency request to stay the temporary restraining order issued by Seattle federal district court judge James L Robart. Judge Robart blocked Trump's executive order temporarily halting travel from seven countries, whose ties to terrorism pose a significant security risk to the United States.
Justice Department demolishes case against Trump order. James Robart, the U.S. district judge in Washington State, offered little explanation for his decision to stop President Trump's executive order temporarily suspending non-American entry from seven terror-plagued countries. Robart simply declared his belief that Washington State, which in its lawsuit against Trump argued that the order is both illegal and unconstitutional, would likely win the case when it is tried. Now the government has answered Robart, and unlike the judge, Justice Department lawyers have produced a point-by-point demolition of Washington State's claims.
Time To Strip Lower Courts Of Jurisdiction Over Immigration. If pigs could fly conservatives would take back the White House and the legislative branch of government with solid constitutionalists in one election cycle. But even that tantalizing fairy tale would be rendered moot if nothing is done to immediately reform the federal judiciary and stave the coming tide of judicial tyranny. Nowhere is this more evident than with the Court's unconstitutional doctrine of conferring super rights on illegal aliens. As I noted following the Supreme Court's bloodless coup on our constitutional form of government, as bad as 5-6 SCOTUS justices seem to be, they are on the level of James Madison when compared to some of the lower court judges. There are solid post-constitutional majorities on 9 of the 13 circuit courts as well as a majority of district courts. Obama has filled 53 of the 179 appellate judgeships in the federal circuits and over 250 of the 673 on a district level. These are people who believe that the Constitution is unconstitutional and that illegal aliens have the right to come here and demand services. Why should we tolerate this for one more day?
'Muslim ban' injunction is a judicial coup against President Trump. Federal district judge James Robart of Seattle ordered a complete, nationwide temporary restraining order against President Trump's temporary ban on visitors from seven Middle Eastern countries. If you read the ruling, as I have, you can see that this is clearly unconstitutional on its face, and constitutes a judicial coup against President Trump and the executive branch.
Judge Roberts Was, and Is, Wrong About U.S. Refugee Arrests From Countries Within Trump Visa Ban. Last week Seattle Judge Robart claimed no one had been arrested from the seven nations that are included in President Trump's executive order. [...] Judge Robart is just factually wrong.
Judge Robart's Black Humor. The Left goes shopping for a likeminded judge, and finds a Seattle District Court judge who is sympathetic to Black Lives Matter and does pro-bono work for refugees. He has the added advantage of being located in the Ninth Circuit, the wackiest, most reliably left-wing precinct of the U.S. appellate system (though that may change soon). Said judge then intervenes to suspend the implementation of an executive order issued by the president of the United States to help safeguard the country. The Justice Department quickly asked for an emergency stay of Judge Robart's order, but, as could have been predicted, the left-leaning Ninth Circuit just as quickly denied the request. Additional legal briefing in the ninth circuit is forthcoming, but most observers believe the case is headed for the Supreme Court.
Judge's blocking of travel ban sets stage for epic court battle. A federal judge in Seattle Friday [2/3/2017] struck down a week-old executive order that barred all refugees and travelers from seven Muslim-majority nations from entering the United States — a dramatic move that set the stage for a contentious battle between President Trump and the courts. The ruling by Judge James Robart, a George W. Bush appointee, nixed Trump's order and ruled that travel restrictions across the country should be lifted immediately.
Amherst Student Expelled for Sexual Misconduct Can't Defend Himself — It Would 'Impose Psychological Trauma' on Accuser. Remember Amherst College student "John Doe," who was expelled for sexual misconduct, even though he had good reason to believe that his accuser had actually assaulted him? A judge recently blocked Doe's attempt to subpoena his female accuser's text messages on grounds that re-litigating the matter "would impose emotional and psychological trauma" on her. Consider the implications of this decision. According to Seattle District Judge James Robart, a student who believes Amherst violated his due process rights, wrongfully expelled him, and ignored subsequent evidence that his accuser, "Sandra Jones," was the actual violator of the college's sexual misconduct policies, does not deserve the opportunity to make his case because someone else's feelings are more important. Whatever happened to believing the victim?
Federal Judge Who Blocked Part Of Trump's Immigration Ban Is Obama Appointee And Clinton Donor. The federal judge who issued a nationwide stay on deportations Saturday for individuals trapped in airports following President Donald Trump's executive order on immigration is an Obama appointee and a Clinton donor. Judge Ann Donnelly of the United States District Court for the Eastern District of New York was appointed by Barack Obama in 2015 and is a graduate of Ohio State University's Moritz College of Law.
How Donald Trump and Friends Can Crush the Great Crime Wave. [Scroll down] Under Chief Justice Earl Warren, the magnification of technicalities went into overdrive. With Mapp v. Ohio (1961), the Warren Court extended the exclusionary rule to state prosecutions, and with Miranda v. Arizona (1966), it added to the right of a suspect to remain silent a right not to be questioned and a right to receive helpful legal advice from detectives whose true job is to solve crimes. Decided on a 5-4 vote and perhaps the most controversial ruling of Warren's tenure, Miranda provoked three bitter dissents, which make interesting reading for anyone of Roosevelt's or Cardozo's bent of mind. And then there is the interdiction of the death penalty, a series of rulings starting with Trop v. Dulles (1954) that traduced the original meaning of the Eighth Amendment and, through its multifarious restrictions and requirements, has made the condign punishment of capital crimes virtually impossible.
The Conquering Loser. [George Washington's] worst fears have been realized in Obama's "fundamentally transformed" America, where judges, bureaucrats, and pols liberated from the constraints of religion and morality invent bogus rights that collide with God-given ones, starting with the right to life of unborn children.
Judge booted from bench after allegedly offering plea deals for sex. An Arkansas judge has been removed from his state's bench for life after allegedly offering secret plea deals to women in exchange for having sex with him. Judge Tim Parker of Carroll County, Arkansas, resigned Saturday after a judicial oversight group investigation uncovered his alleged actions, which were outlined in a letter that was made public on Tuesday [1/3/2017]. The investigation found that Parker conducted his business over jail phones and also swapped cash and prescription pills for sex acts, according to The Daily Beast. The judge Parker "engaged in a pattern of personal relationships with many female litigants" from 2013 to 2016, the Arkansas Judicial Discipline and Disability Commission (JDCC) said in the letter. "Allegations also exist about trading cash or prescription pills for sexual favors or money with many of the same women, as well as other women in the community."
Keep an Eye on Santa Clara County. A state commission last week has cleared Judge Aaron Persky of wrongdoing in the case of Brock Turner — the Stanford swimmer who was convicted of sexually assaulting an unconscious woman and sentenced to six months in jail, prompting a national firestorm and calls to remove Persky from the bench.
Obama loses Merrick Garland battle — but reshapes federal courts for decades to come. President Obama has reshaped the federal courts for decades to come with a record number of women and minorities appointed to lifetime judgeships, despite losing his high-profile battle over the U.S. Supreme Court this year. Of the more than 340 judges nominated by Mr. Obama and confirmed by the Senate, about 42 percent are women, 19 percent are black and 11 percent are Hispanic — more female and minority appointees than any other president. Mr. Obama also has appointed at least 11 federal judges who are openly gay, another record.
Two Democrat Judges Removed From Office For "Case-Fixing Schemes". In what should be national news, two Democrat judges were removed from office for "case-fixing schemes." One unethically intervened in cases, according to the Pennsylvania Court of Judicial Discipline. The other was "guilty of seven violations of judicial ethics rules, including bringing the court into disrepute," according to the Philadelphia Inquirer. Guess why you're not hearing about this on the national news? The two judges are Democrats.
Spray-painting 'Kill all police' on wall isn't a terrorist threat, judge rules. Spray-painting 'Kill all police' on a public wall doesn't rise to the level of a terrorist threat, a Detroit judge ruled Tuesday [12/13/2016]. Stuart Lewis, 49, of Detroit, faced a series of charges after police pinpointed him as the culprit who painted anti-police graffiti on a wall last October. After discovery of the graffiti threats, Detroit Police Chief James Craig vowed to find and arrest whoever was responsible. The department followed through, dispatching its Special Response Team — the equivalent of SWAT — to arrest Lewis at his home. The man's dog was killed during the raid.
Judicial Activism Set the Stage for Trump Win. Donald Trump's election as president is due in no small part to the prominence of the Supreme Court in the campaign, following a spike in judicial activism this decade. Doubts about Trump faded when Republicans and like-minded voters looked back at the High Court's unmistakably activist decisions on ObamaCare and same-sex marriage, and considered the consequences of a Court dominated by Hillary Clinton appointees. [...] Voters who called High Court appointments the most important factor in their presidential choice constituted a full 21% of the electorate, and they voted overwhelmingly for Trump. After he issued a highly praised list of potential Supreme Court nominees, conservatives critical of Trump consistently cited the Court as the best or only reason to vote for him.
7 things Sessions can do immediately to restore the rule of law at Justice. [#5] Replace immigration judges: Why do we have so much amnesty even though the congressional statutes call for illegal aliens to be deported? The immigration judges within the Executive Office for Immigration Review (EIOR) have granted de facto amnesty by overturning deportations and letting criminal aliens roam free. The administrate judges within the Board of Immigration Appeals (BIA), which serves as the appellate body of EOIR, have the ability to overturn a deportation order from a lower administrative judge and can review all enforcement actions taken by ICE and the border patrol. As Ian Smith of the Immigration Reform Law Institute warned, many of these administrative judges were former lawyers for illegal immigrants or organizations funded by George Soros.
Minnesota: Judge sentences last of 9 Muslim terrorists to 30+ years prison, then defends Islam as non-violent. After sentencing 9 more Muslims for their Islamic terrorist activities, the judge said this: "I will fight anyone who says Islam is a dirty religion or one of violence. It is not," Davis said.
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Judge lets Florida run its own election. A federal judge did something rare for his occupation these days. He refused to take over a state function, in this case running the Florida election. He is an Obama appointee, and Democrats were gleeful when he got the case. Now they have the sadz.
Judge convicted of bribing federal officer with Bud Light. Federal prosecutors say a North Carolina judge has been convicted of bribery after he offered Bud Light and cash to an officer in exchange for text messages from his wife's cellphone because he suspected she was cheating on him. The U.S. Attorney's office said Friday [10/21/2016] that a jury deliberated for 33 minutes before finding Superior Court Judge Arnold Ogden Jones II guilty of paying a bribe and other charges.
Ex-Arkansas judge indicted on federal fraud, bribery charges. A former Arkansas judge accused of giving lighter sentences to defendants in exchange for nude photos and sexual acts has been indicted on federal fraud and bribery charges, according to a federal indictment unsealed Monday [10/17/2016].
Illinois judge cites "cisgender" subjects in transgender bathroom ruling. A judge in Illinois has dealt another blow to parents seeking to protect the privacy of students in bathrooms, locker rooms and showers. This is a case which dates back to last winter when the families of girls in Illinois school District 211 went to court asking for an injunction against a new federal mandate saying that boys who "identify" as girls should be allowed in their toilet and changing facilities. That case has bounced back and forth a few times now, but the most recent ruling just came down and it went against the parents. A federal judge has ruled that there is no constitutional right not to share restrooms or locker rooms with transgender students and the wording of his ruling is rather jaw dropping.
GOP Judge Paves Road For Thousands Of Potential Non-Citizens Voting In Kansas. Despite news percolating throughout the country about non-citizens registering to vote under loose Motor-Voter practices, the courts are refusing to allow states to verify citizenship as a condition for registering to vote. Yesterday, the Tenth Circuit Court of Appeals upheld a district court's injunction against a Kansas law requiring those registering with federal Motor-Voter forms to show proof of citizenship. The original injunction forced the state to register 20,000 individuals who failed to show proof of citizenship. Now, that number could rise to 50,000.
Pro-life pregnancy centers must make abortion referrals, 9th Circuit rules. The 9th Circuit Court of Appeals ruled against a coalition of pro-life pregnancy centers on Friday, upholding a California law that requires them to refer patients to publicly funded contraception and abortion services, even if doing so violates their moral and religious beliefs. The decision upheld a lower court ruling saying California law AB 775, or the FACT Act, does not violate the First Amendment rights of the National Institute of Family and Life Advocates and two other faith-based nonprofits. Matt Bowman, senior counsel at the Alliance Defending Freedom, which represents the appellants, called the decision a "clear violation" of constitutionally protected rights to freedom of speech and religious expression.
Federal Judge Sees Little Value in Studying Constitution in Law School. Judge Richard Posner (shown) is perhaps the most quoted and most significant federal appellate court judge in the country, and his recent comments (which he has attempted to "clarify") are illustrative of the differing views on the role of the federal judiciary in the current presidential campaign. In a brief article published recently in Slate, Posner was highly critical of American law schools. Among his criticisms was a dismissal of a need to study the meaning of the Constitution. "I see absolutely no value to a judge of spending decades, years, months, weeks, days, hours, minutes, or seconds studying the Constitution, the history of its enactment, its amendments, and its implementation (across the centuries — well, just a little more than two centuries, and of course less for many of the amendments)," he wrote. "Eighteenth-century guys, however smart, could not foresee the culture, technology, etc., of the 21st century."
Federal Judge Meddles In Florida Voter Registration Deadline. Once again it is prudent to remind everyone to ignore media polls. Instead, focus on what the desperate Clinton campaign is doing, not what the media are trying to portray. Clinton's legal team appealed to a federal court to extend the Florida voter registration deadline — which is tomorrow, Tuesday [10/11/2016], at 5:00pm. Currently, it appears the judge has granted a 24 hour extension through Wednesday.
In 'Unprecedented Move', Judge Orders Fmr. CIA Officials to Testify About Enhanced Interrogation Program. A federal judge has ruled that two former top CIA officials must submit to depositions in a lawsuit filed on behalf of three individuals who allege they were subjected to enhanced interrogation techniques at CIA "black sites." The American Civil Liberties Union (ACLU) filed the lawsuit under the Alien Tort Statute, which allows federal lawsuits to be brought for certain international law violations. The lawsuit claims two former CIA-contracted psychologists, James Mitchell and John "Bruce" Jessen, were responsible for developing the enhanced interrogation methods that were allegedly used against former black site detainees Gul Rahman, Suleiman Abdullah Salim, and Mohamed Ahmed Ben Soud. Rahman actually died while in custody at a CIA black site in Afghanistan.
Court Judge: 'No One Should Have' Guns — 'Not Police, Not Security'. According to Oregonlive.com, circuit court judge Kenneth Walker of Multnomah County, Ore. decided to go on a tangent about gun control during a criminal sentencing on Monday [9/26/2016]. "If I could, I would take all the guns in America, put them on big barges and go dump them in the ocean," the judge said. "Nobody would have a gun. Not police, not security, not anybody. We should eliminate all of them."
Heather Mac Donald Fact-Checks Hillary Clinton on Systemic Bias and Stop-and-Frisk. [Scroll down] [C]avalier claims are being made about stop-and-frisk — an investigative method in which police, upon observing suspicious behavior, stop a person to ask questions and pat the person down to check for weapons. While Trump endorses the practice, both Clinton and Lester Holt suggested that it has conclusively been found unconstitutional by the courts; and Clinton insists that it is also ineffective. The claims are based on a ruling by a single, agenda-driven judge (who was actually removed from the case, as Ed Whelan explained at the time). But, as Heather relates, the Supreme Court sanctioned stop-and-frisk in the 1960s, so "[n]o federal judge would have the power to declare pedestrian stops unconstitutional." Moreover, Stop-and-frisk remains a lawful and essential police tactic. Criminologist David Weisburd examined the practice in New York City and found that it reduced crime in shooting hot spots.
Sharia-compliant judge sentences 73-year-old female Christian pastor to study the Islamic faith. A 73-year-old Christian minister and landlord who apparently was wrongly convicted of pushing her unruly and law-breaking Muslim tenant down a small flight of stairs must spend six months in jail and comply with a judge's unconstitutional order that she learn about the Islamic faith as part of her probation, the state's highest court concluded today.
Appeals court: Ohio voter purge illegal. For 20 years, Ohio has purged its voter rolls of people who have not voted in the last several elections. The usual reasons for why people don't vote is that they are dead, or have moved out of state. [...] The few genuine voters that are purged who simply haven't taken the time to vote but are still eligible may find it inconvenient that they need to register again (although it's become ridiculously easy to register these days). But is that any reason to throw the whole process out and invite voter fraud? The ACLU and liberal Democrats thinks it is.
Mass. High Court: Blacks Have Special Right To Run From Cops. Black men may have a legitimate reason to flee Boston police during investigatory or "Terry" stops, the Massachusetts Supreme Judicial Court ruled Tuesday [9/20/2016]. The court found that systemic racism in the Boston Police Department may be considered in conjunction with a suspect's decision to flee from police during a stop. A Terry stop, named for the U.S. Supreme Court case which sanctioned the practice, refers to a brief detention and search of an individual due to reasonable suspicion of criminal conduct.
Obama's judges help to set election rules for November. President Obama has been unable to fill a seat on the Supreme Court for six months, but his lower court appointments could help swing the presidential election to his chosen successor. Judges named by Obama to federal appellate and district courts overseeing North Carolina, Texas, Michigan and Wisconsin have in recent months voted to strike down restrictions on voting imposed by Republican legislatures. In Michigan and North Carolina, his Supreme Court nominees helped block efforts to restore the restrictions for this fall's elections.
Obama taps first Muslim for federal bench. President Obama used lawmakers' first day back in Washington after a seven-week recess to push the Senate on judicial nominations. Obama nominated Abid Riaz Qureshi to the U.S. District Court for the District of Columbia on Tuesday [9/6/2016]. Qureshi, a partner in a Washington law firm who specializes in False Claims Act cases, healthcare fraud and securities violations, is the first Muslim nominated to the federal bench.
How Liberal Judges Took Control of 70 Percent of US Appeals Courts. On the campaign trail in 2008, Barack Obama promised to fundamentally transform the United States of America. After nearly eight years as president, he has delivered on one front by reshaping the federal judiciary. That revolution has been comprehensive, dramatic, and under the radar. When Obama entered the Oval Office, liberal judges controlled just one of the 13 circuits of the U.S. Court of Appeals. Fifty-five successful presidential nominations later, liberal majorities now control nine of those appeals benches, or 70 percent.
Obama appointments already pulling appeals courts to the left. [Scroll down] The Fourth Circuit, which sits just one level below the Supreme Court and is headquartered in Richmond, Va., is a prime example. Previously viewed as one of the most conservative appellate courts in the country, it has drifted significantly to the left, with Democratic appointees now outnumbering their Republican counterparts two-to-one. That circuit not only recently struck down North Carolina's voter ID law, but also ruled in favor of a transgender student seeking to use high school bathroom facilities matching the student's gender identity rather than biological gender.
With Wyoming Judge's Case, Left Aims To Ban Religious People From Legal Field. If your religious views block you from performing a job, don't do that job. That's the Left's refrain about religion and expressing it. If you're religious, that's fine, but it really needs to not impinge on others via your career. Keep your relationship with a Higher Power meekly to yourself. The case of Judge Ruth Neely in Wyoming shows, in stark clarity, that it doesn't actually matter whether religious people do their jobs well and keep their religion to themselves. It's unacceptable to think and believe certain things, such as marriage being an institution between one man and one woman, and if you do that, forget about going into the legal profession.
Dallas Judges Shred Constitution, Steal Millions. Jeff Baron is a Dallas resident and U.S. citizen who was put into "virtual slavery" by U.S. District Court Judge Royal Furgeson after Baron settled an otherwise ordinary contract dispute in his court. Although Baron was never accused of any crime and had just resolved the dispute in Furgeson's court, Furgeson seized the sum total of Baron's personal property and possessions, including his home and car, and suspended nearly all of his civil rights, including his right to be represented by counsel, right to own property, right to earn income, and right to travel. Four years later, Baron was still in civil lockdown — even after the U.S. Fifth Circuit Court of Appeals reversed the unlawful rulings and enjoined any further liquidation of Baron's property.
Obama's Immigration Judges Threw Out Every Other Deportation Order In 2016. An analysis from the University of Syracuse shows that immigration judges ruled in favor of illegal immigrant defendants in more than half of the deportation cases heard throughout Fiscal Year 2016. The data shows that 169,258 immigration cases have been closed in US immigration courts from September 2015 [to] August 2016. 96,223 cases ended with "non-citizens against whom Homeland Security sought removal orders" being allowed to stay in the country.
Judges nixed DHS bids to deport illegal immigrants 100,000 times: report. Immigration judges around the country are denying the Department of Homeland Security's attempts to deport illegal immigrants in record numbers, according to a new report. Over the last 10 months, immigration judges opted against the department's efforts to remove some 96,223 illegal immigrants, including criminals, according to the Transactional Records Access Clearinghouse, a Syracuse University-based nonprofit. At this rate, TRAC estimates the number of illegal immigrants allowed to remain in the U.S. despite DHS attempts to remove them will surpass last year's breaking number of 106,676. With the court's protection, subjects can often remain indefinitely.
Immigration Judges Allow Illegal Aliens To Stay in the U.S.. According to a new report by Transactional Records Access Clearinghouse (TRAC), a Syracuse University-based nonprofit, immigration judges are denying DHS' attempts to deport illegal aliens in 57% of their cases. So far in FY16 immigration judges have released 96,233 illegal aliens, including criminals, back into U.S. communities. If the judges' decisions continue at this rate they will exceed last year's deportation denials that allowed 106,676 illegal aliens to remain in the U.S.
Federal Judge Declares 'Black Lives Matter' From The Bench. A federal judge in Washington state declared "black lives matter" during a hearing Monday [8/15/2016]. U.S. District Judge James Robart, a former President George W. Bush appointee, is presiding over the implementation of a 2012 consent decree requiring Seattle to adopt various police reforms. The city's police department was accused by the federal government of engaging in various practices, such as excessive force, that fell disproportionately on non-white residents and therefore violated their civil rights. The consent decree was reached so the city could avoid fighting a costly lawsuit against the feds. This is the first time the contentious political movement has had its anthem officially supported by a judge in a federal courtroom.
When abortion funding is a fundamental right, but religious liberty is not. The courts of Sodom and Gomorrah have struck again. On Friday [8/12/2016], just as I was finishing my article concerning the distortion of religious liberty and property rights in America, the federal judiciary illustrated my point once again. In two separate decisions in different parts of the country — when juxtaposed to one another — the federal judiciary demonstrated that, in their estimation, the Constitution is unconstitutional. On Friday, Judge Michael R. Barrett, a federal judge for the Western Division of the Southern District of Ohio, blocked the state's new law cutting off state funding to Planned Parenthood. This Bush appointee, who once served as chair of the Hamilton County Republican Party, said that the injunction was necessary because otherwise the abortion-provider "will suffer a continuing irreparable injury for which there is no adequate remedy at law."
Federal judge strikes down Wisconsin's voter ID law. A federal judge in Milwaukee struck down Wisconsin's voter identification law Tuesday [7/26/2016], declaring that a requirement that voters show a state-issued photo ID at the polls imposes an unfair burden on poor and minority voters.
Kansas judge rules 17,500 suspended voters can cast ballots in all races. A Shawnee County judge has ruled that 17,500 voters can have their votes counted in state and local races as well as federal ones in Tuesday's Kansas primary election. "Losing one's vote is an irreparable harm in my opinion," Judge Larry Hendricks said in his ruling Friday [7/29/2016]. A state board approved a rule earlier this month to allow people to vote only in federal elections — not state and local ones — if they registered at DMV offices but failed to provide proof of citizenship as required by Kansas law.
Ohio Judge Sentences Lawyer To 5 Days In The Slammer For Wearing Black Lives Matter Pin. A municipal court judge in Ohio ordered his bailiff to take a black attorney into custody and sentenced her to five days in jail because she refused to remove a Black Lives Matter pin in the judge's courtroom. The incident occurred on Friday in the Youngstown, Ohio courtroom of Judge Robert Milich, reports local CBS affiliate WKBN-TV.
Federal appeals court rules Texas voter ID law has a 'discriminatory effect'. The U.S. 5th Circuit Court of Appeals handed a significant victory to voting rights Wednesday when it ruled a controversial Texas voter ID law has a "discriminatory effect" that violated the U.S. Voting Rights Act. The law requires voters to show a government-issued form of ID before voting and places strict parameters on which types of identification are acceptable; the court found these restrictions to disproportionately affect minority voters.
Fifth Circuit Strikes Down Texas Voter ID Law. Texas' voter ID law discriminates against minorities and must be revised before Election Day, the en banc Fifth Circuit affirmed Wednesday [7/20/2016]. The ruling came in under the wire of a July 20 deadline that the U.S. Supreme Court set with the Nov. 8 presidential election in mind, allowing time for a lower court to propose changes to the voter ID law. "We conclude that the district court did not clearly err in determining that SB 14 has a discriminatory effect on minorities' voting rights in violation of Section 2 of the Voting Rights Act. As discussed below, we remand for a consideration of the appropriate remedy in light of the impending general election," Judge Catharina Haynes wrote for the majority.
A Texas-Sized Voter ID Problem. Yesterday, the Fifth Circuit Court of Appeals ruled that Texas's voter ID law discriminates against minority voters. The court didn't strike down the law entirely, however, instead sending it back to a lower court, ordering changes before the coming November elections. Currently 33 states have some form of voter ID laws. Of these states, nine have a strict photo ID requirement. Not surprisingly, many of the states with no form of voter ID laws — like California, New York and Massachusetts — are not only Democrat controlled but are some of the most liberal in the nation. The concern that Texas and many other states have is the very real problem of voter fraud, which has grown in part as a result of the unabated flow of illegal immigrants over America's porous borders. Since the current administration has refused to enforce our nation's immigration laws, many state governments have responded by enacting voter ID laws as a means of protecting their citizens.
Texas Judge Uses Naturalization Ceremony to Bash Trump and Guns. Texas held the largest naturalization ceremony this week that the Lone Star State's capital has ever seen. The ceremony was used to assault Donald Trump, the Second Amendment, and the death penalty before 1,210 new U.S. citizens and their families and friends. The Guest of Honor, Democrat Travis County Judge Sarah Eckhardt told the participants flanked by voter registration tables, "I encourage everyone to register to vote and hopefully, not for that guy who is against immigrants."
Why Mississippi's Law on Religious Rights and LGBT Discrimination Got Blocked. Why doesn't anyone care about Mississippi? This spring, the state's legislature passed H.B. 1523, an extensive law written to protect people who believe any of the following: that marriage is between a man and a woman; that sex should only happen in the context of marriage; and that the words "male" and "female" refer to "an individual's immutable biological sex as objectively determined by anatomy and genetics at time of birth." The law claim these protections are a form of religious freedom. It provides that religious organizations can refuse to rent out their social halls for a same-sex wedding, for example, and that clergy can refuse to perform a same-sex marriage ceremony. These groups can also fire a single mother who gets pregnant, or, in the case of religious adoption agencies, decline to place a child with a same-sex couple. Doctors and psychologists can refuse to get involved with gender-reassignment procedures or take cases that would violate their religious beliefs. Schools and other public agencies can create "sex-specific standards" for dress code, bathrooms, and more. State employees can also refuse to sign same-sex-marriage licenses, and they can't be fired for saying they believe homosexuality is wrong, for example. It is, without a doubt, the most extensive legislation of its kind to be passed into law since the U.S. Supreme Court's same-sex-marriage decision one year ago. And for the most part, the country has been silent. Now, a federal judge has blocked the law from going into effect, which was set to happen on July 1.
Judge blocks Mississippi religious objections law. A federal judge has blocked a Mississippi law that would let merchants and government employees cite religious beliefs in denying or delaying services to same-sex couples.
Lighthouse Cuban migrants climbed isn't 'dry land,' judge rules. The lighthouse that a group of Cuban migrants scaled in an attempt to reach the United States isn't "dry land," a federal judge ruled Tuesday [6/28/2016]. The decision means 24 migrants who've been detained for more than a month on a U.S. Coast Guard cutter will be processed for repatriation back to Cuba, the agency said in a statement.
The McDonnell Case: Another Study in Criminal Law as Democratic Partisan Warfare. It's common for those unhappy with a decision to criticize the partisanship of the judges involved, but the weakness of the case, which was evident when it was argued in the Supreme Court (and during the trial itself), and the fact that it was reversed unanimously warrants a raised eyebrow. It comes on the heels of the reversed prosecutions of then-Senator Ted Stevens, Governor Rick Perry, House Majority leader Tom DeLay, the IRS war on Obama's opponents in the tea party and other conservative groups, and the outrageous trampling the rights of those who worked for and supported Wisconsin Governor Scott Walker. This case and those matters lead to an inescapable conclusion: With the endorsement of partisan juries and/or judges, the Democratic Party seeks to and will use the power of the prosecution to destroy Republican political leaders and anyone who supports them.
Judge Richard Posner: 'No value' in studying the U.S. Constitution. Seventh Circuit Judge Richard Posner sees "absolutely no value" in studying the U.S. Constitution because "eighteenth-century guys" couldn't have possibly foreseen the culture and technology of today. In a recent op-ed for Slate, Judge Posner, a senior lecturer at the University of Chicago Law School, argued that the original Constitution, the Bill of Rights, and the post-Civil War amendments "do not speak to today."
Concealed carry, California and the 9th Circuit's misrepresentation of the facts. Thursday [6/9/2016], the 9th Circuit Court of Appeals ruled in a 7-4 decision that Americans don't have a right to carry concealed handguns for protection. Since California bans people from openly carrying guns, their decision amounted to prohibiting people from carrying guns at all (whether openly or concealed). It is clear that a judge's political affiliation determines whether he thinks that people have a right to defend themselves. Democratic judges are now moving to overturn recent Supreme Court decisions that struck down bans on guns. Last year, about 0.24 percent of adult Californians had a concealed handgun permit. In the rest of the U.S., the rate was 24 times higher, for a rate of 5.8 percent. In many parts of California, it is essentially impossible to get a permit. In San Francisco County, just four people (0.0005 percent of the adult population), got a permit in 2015. That is an improvement over 2012, when just two permits were granted — one of which was to the sheriff's personal attorney.
Oregon judge allows person to change gender from female to 'non-binary'. An Oregon judge ruled Friday [6/10/2016] that a transgender individual can legally change their sex to "non-binary" rather than male or female in what is believed to be an unprecedented ruling. The Oregonian reported that Multnomah County Circuit Court Judge Amy Holmes Hehn legally changed Jamie Shupe's, 52, sex from female to non-binary. [...] Shupe is an Army veteran who retired in 2000 a sergeant first class. She began transitioning in 2013 while living in Pittsburg and knew that neither the male or female gender label fit.
First-of-kind ruling changes Army vet's gender from female to nonbinary. Oregon residents can now legally identify as having a nonbinary gender identity, according to a recent court ruling that legal experts say is the first of its kind in the US. On Friday [6/10/2016], Judge Amy Holmes Hehn legally changed the sex of Army veteran Jamie Shupe from female to nonbinary. Judge Hehn wrote in the ruling that Mx. Shupe's "sexual reassignment has been completed," therefore complying with Oregon's law allowing for the change of a person's sex if a judge determines they have had surgical, hormonal, or other treatment related to gender transition. "Oregon law has allowed for people to petition a court for a gender change for years, but the law doesn't specify that it has to be either male or female," said civil rights attorney Lake J. Perriguey, who filed Shupe's petition for gender change in April, to CNN. "The law just says, 'change.' Historically, people have asked for a gender change from male to female and the other way around, but Jamie is the first to ask for the gender of 'nonbinary.'"
Federal judge rules California transgender inmates must get some female items. A federal judge ruled Thursday [6/9/2016] that California prison officials must let transgender inmates have more female-oriented commissary items including nightgowns, robes, sandals, scarves and necklaces as part of a settlement that will make the stat the first to pay for an inmate's sex reassignment surgery. California agreed in August to provide some items to transgender inmates who are housed in male prisons, aside from providing surgery to 56-year-old Shiloh Quine. U.S. Magistrate Judge Nandor Vadas decided that the policy didn't go far enough. He said transgender inmates housed in men's prisons should have many of the same items provided to female inmates. Shiloh's attorneys argued that the state was keeping some items from transgender prisoners "based solely upon gender norms" rather than security concerns.
Report: Were judge's Mexican parents illegals? The sometimes controversial scoop journalist that runs GotNews.com has published documents that raise questions about the citizenship status of the parents of federal Judge Gonzalo Curiel, presiding over a suit against Trump University. Charles C. Johnson put up documents showing that Curiel's father crossed the U.S. border with Mexico at least twice and might not have become a U.S. citizen. He also published images of the death certificates of the judge's parents that apparently show no Social Security number.
Trump Is Right: The Shame of Paul Ryan and Mitch McConnell. In a shameful haste to embrace identity politics, the latter the political descendant of slavery and segregation, Speaker Paul Ryan and Senate Majority Leader Mitch McConnell have stunningly given thumbs up to a judge who has made no bones about injecting his ethnic heritage into his role as a lawyer and judge. In a broadside against Judge Gonzalo Curiel, who presiding over the case against Trump University (a case in itself riddled with bad judicial decision-making as the judge has assigned the case to a notoriously Clinton-supporting law firm — more of which later this week), Trump has assailed the Indiana-born judge as "of Mexican heritage" who has "an inherent conflict of interest." The response from the Speaker? "It's reasoning I don't relate to. I completely disagree with the thinking behind that." Said McConnell: "I think it's a big mistake for our party to write off Latino Americans."
Donald Trump's own lawyer is donating to Hillary Clinton. While Donald Trump has been trying to reframe his attacks on Judge Gonzalo Curiel — complaining about his membership in a Latino lawyers organization, or accusing him of bearing some responsibility for the Trump U plaintiffs' law firm's six-figure speech payments to Hillary Clinton — it turns out that his own lawyer has given to Clinton's presidential campaign, and he did so after Trump hired him. The lawyer defending Trump in the case, Daniel Petrocelli, has donated to Clinton and several Democrats over the years, Yahoo News' Mike Isikoff noted. The Center for Responsive Politics, which tracks political donations, says that in January, Petrocelli donated $2,700, the maximum amount allowable for a contribution to Hillary Clinton's presidential primary campaign. Isikoff had also reported that Petrocelli had been hired by Trump a month earlier, in December 2015. Further, Petrocelli's law firm, O'Melveny & Myers, has given nearly $20,000 to her campaign, Yahoo News reported.
Trump and the Judge. Something that we think still confuses a lot of conservatives is their presumption that leftwing arguments are supposed to be applied evenhandedly. Thus their befuddlement over Trump's comment about the judge. To be clear, we don't like what Trump said and find the implications troubling. We are not defending that position specifically. But we also think that this issue points to an underlying problem resulting from the politicization of the judiciary begun by the left. When Sonia Sotomayor said that being a "wise Latina" influences her decisions for the better, that — we were told — was not merely nothing to worry about but a sign of her judicial temperament and fitness for the High Court. When Trump says being a Latino will influence this judge's hearing of his case, he's Hitler.
Stanford sexual assault: judge facing recall campaign over light sentence. The victim of a sexual assault by a former Stanford University swimmer said on Monday [6/6/2016] she was "overwhelmed and speechless" at the deluge of support for her as the judge who gave her attacker a light sentence faced a recall campaign. Brock Allen Turner, 20, who was convicted of sexually assaulting an unconscious woman on campus, was sentenced to six months in county jail and probation — a punishment that is significantly less severe than the minimum prison time of two years prescribed by state law for his felony offenses.
La Raza Judge Gonzalo Curiel and the Hispanic National Bar Association. Now, I doubt you could find a more conformational reason for Donald Trump to be concerned about a Judge overseeing the Trump University lawsuit, which everyone admits is based on some sketchy legal standing, than Judge Curiel specifically belonging to a legal enterprise of affiliates who have clearly stated their intent to target Trump's business interests.
Alberto R. Gonzales: Trump has a right to ask if Judge Gonzalo Curiel is fair. An independent judiciary is extremely important. But that value is not the only one in play here. Equally important, if not more important from my perspective as a former judge and U.S. attorney general, is a litigant's right to a fair trial. The protection of that right is a primary reason why our Constitution provides for an independent judiciary. If judges and the trials over which they preside are not perceived as being impartial, the public will quickly lose confidence in the rule of law upon which our nation is based.
Donald Trump Is Correct To Hit 'La Raza' Judge For Latino Identity Politics. The controversy erupted when Trump told CNN's Jake Tapper that Gonzalo Curiel — the judge in the Trump University class action lawsuit — might not give him a fair shake because of the judge's connection to Mexican political activism. After critics bemoaned such an accusation as racism, Trump doubled down on "Face the Nation." "[Judge Curiel] is a member of a club or society, very strongly pro-Mexican, which is all fine," Trump told CBS's John Dickerson. "But I say he's got bias." The club Trump was referring to was La Raza Lawyers; an organization with the stated mission "to promote the interests of the Latino communities throughout the state." Translated, "la raza" means "the race." Imagine the outcry if white attorneys from Mississippi, such as this author, started a a legal association called "The Race" with the stated mission to promote the interest of white, Southern communities. Hollywood stars and entertainers, such as Bryan Adams, would boycott the state in perpetuity.
The Donald & The La Raza Judge. Before the lynching of The Donald proceeds, what exactly was it he said about that Hispanic judge? Stated succinctly, Donald Trump said U.S. District Judge Gonzalo Curiel, who is presiding over a class-action suit against Trump University, is sticking it to him. And the judge's bias is likely rooted in the fact that he is of Mexican descent. Can there be any defense of a statement so horrific? Just this. First, Trump has a perfect right to be angry about the judge's rulings and to question his motives. Second, there are grounds for believing Trump is right.
Donald Trump and Gonzalo Curiel. Every mature, intelligent person in this country knows that the judge in the Trump University case, United States District Court Judge Gonzalo Curiel, could very well be biased against Donald Trump, the one man who has the testicular fortitude to declare that he will build a wall on the Mexican border. Judge Curiel is of Mexican heritage. There is, by the way, a law already on the books calling for building such a wall (Secure Fence Acts, 2006 and 2008), but establishment politicians in both parties have no interest in doing so. The "righteous indignation" Republicans Paul Ryan and Newt Gingrich are displaying over the fact that Trump asserted Curiel is biased (because of his heritage), does not impress those of us who tend to agree with Trump. Lou Dobbs of Fox Business News, in a recent interview with Gingrich, read from a list of ethnic organizations in which Judge Curiel holds membership. All are activist Spanish-heritage groups. Dobbs also pointed out a possible conflict of interest in the case. One of the attorneys in the law firm appointed by Curiel to represent the plaintiffs has contributed money to Hillary Clinton's 2016 run for President.
Bloggers and researchers are doing the digging MSM reporters refuse.
Judge Presiding Over Trump University Case Is Member Of La Raza Lawyers Group. United States District Court Judge Gonzalo Curiel, the man presiding over the class-action lawsuit against Trump University, is a member of the La Raza Lawyers of San Diego and oversaw the gift of a law school scholarship to an illegal alien. In his 2011 judicial questionnaire to become a federal judge, Curiel revealed his history with La Raza. GotNews.com originally reported this Tuesday [5/31/2016], and The Daily Caller has independently verified.
Resisting Obama's Transgender Directive: A Hill to Die On. [T]he left, without remorse, appoints results-oriented, activist judges, whom they view not as protectors of the Constitution and law but as vehicles to advance its political agenda by any means necessary, including twisting the meaning of constitutional and statutory provisions and often inventing rights out of whole cloth.
Indiana High Court Rules People Cannot Resist Illegal Entry by Police Into Homes. People have no right to resist if police officers illegally enter their home, the Indiana Supreme Court ruled in a decision that overturns centuries of common law.
Another Awful Antitrust Ruling Damages Another U.S. Industry. Acting on a Federal Trade Commission lawsuit, a federal judge has rejected the planned $6.3 billion merger of Office Depot and Staples. It's yet another example of why our nation's antiquated antitrust law should be either reformed or repealed entirely. The ink wasn't even dry on the judge's order when, as CNBC.com noted, "analysts called into question the office-supply chains' ability to effectively compete in the market as stand-alone companies."
Federal Judge Says Texas Can't Outlaw Harboring Illegal Aliens. A federal district judge in San Antonio has issued an order stopping a Texas law criminalizing the harboring of illegal aliens, at least for now. The judge issued the preliminary injunction in MALDEF's (Mexican American Legal Defense and Educational Fund) lawsuit challenging Texas House Bill 11, a law which open border advocates are fighting because they say it improperly targets illegal alien shelters and those who rent to illegal aliens.
TX Judge resigns when caught texting instructions to prosecutors to help win convictions. Texas district Judge Elizabeth E. Coker is stepping down from the bench after being caught engaging in a massive perversion of justice. A whistleblower revealed that Corker was sending text messages to prosecutors with suggestions on questions to ask in court in order to secure a conviction.
Judge threatens to free men accused of violent crimes if Louisiana doesn't provide attorneys. Each of the seven defendants has been charged with a serious crime — including murder, rape, armed robbery or assault with a firearm. Now a Louisiana judge is threatening to set them free before their cases have a chance to go to trial. In an effort to pressure state lawmakers to provide more reliable funding for public defenders, Orleans Parish Judge Arthur Hunter Jr. on Friday [4/8/2016] ordered that all of the men be released on the grounds that the state is violating their right to a competent defense.
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The Courts are Even Worse than Obama Administration on Immigration, Sovereignty. Once again, the unelected federal courts are violating Congressional authority over the most important societal question: who is allowed to become a member of our society? As we've explored in detail in recent months, throughout our history the courts have always stayed away from questions of immigration and citizenship, with the understanding that a sovereign nation has the right to determine who enters its society and on what conditions a person is admitted to that society. In a representative democracy, those decisions are made by the elected branch of government. Unfortunately, the modern judiciary thinks otherwise, and [...] the courts will completely take over immigration if they are not stripped of their ill-gotten powers.
Court tells TUSD to improve teachers' racial diversity. The Tucson Unified School District has been ordered to improve racial diversity among its teachers. In a district that has spent years under federal oversight for desegregation efforts, U.S. District Judge David Bury has told it to reduce by half the number of schools where racial disparities exist among the teaching staff — affecting more than one-third of TUSD schools.
Judge rips thug: 'Black lives don't matter to black people with guns'. A Manhattan judge on Tuesday [3/29/2016] lashed into a Harlem man convicted of attempted murder — telling him that "black lives don't matter to black people with guns" before tossing him in prison for 24 to 26 years. "Black lives matter," Justice Edward McLaughlin told defendant Tareek Arnold, 24, as he sentenced him in Manhattan Supreme Court. "I have heard it, I know it, but the sad fact is in this courtroom, so often what happens is manifestations of the fact that black lives don't matter to black people with guns."
Man commits food stamp fraud, escapes jail time because he's an immigrant. A Massachusetts store owner was reportedly given a reduced sentenced with no jail time Tuesday [3/22/2016] in a food stamp fraud case because he is an immigrant. Julio Rodriguez used his position owning Bethania's Fish & Meat Market to trade benefits for cash. He was able to scam the system for an estimated $46,000 between September and December, 2014. Hampden Superior Court Judge Tina S. Page reduced the sentence to not include incarceration so Rodriguez would not be deported. Rodriguez is in the country on a green card. "Had he been a citizen of the U.S. he would in all likelihood be serving a substantial sentence," Page said, according to MassLive.com.
Potential Supreme Court Candidate Defended Pipe Bomber, Child Murderer. Judge Jane Kelly, who was appointed to the 8th Circuit Court of Appeals in 2013, is reportedly on President Obama's short list for the Supreme Court vacancy left by Justice Antonin Scalia. Before becoming a judge, Kelly worked for years as a public defender in Iowa. In 2005, Kelly was the appointed attorney for a 26-year-old man named Casey Frederiksen, who was charged with possession of child pornography. Although Frederiksen had previously been convicted of sexual assault involving a minor, Kelly urged the judge to grant him leniency, arguing that he was not a danger to others and should be released and allowed to live with his father. Frederiksen was sentenced to 14 years in prison in the case. A decade later, Frederiksen was convicted of murder and sexual assault in the 2005 cold case killing of 5-year-old Evelyn Celeste Miller.
Ohio judge rules some 17-year-olds can vote in primary. An Ohio judge has granted teenagers who will turn 18 before Election Day the right to vote in the state's presidential primary elections in a new decision that could boost Bernie Sanders's chances in the state on Tuesday.
Four Out of Five of Obama's Supreme Court Finalists Are Obama Donors. The White House has reportedly narrowed its list of potential Supreme Court nominees down to five people, and four of them have donated to Barack Obama's political campaigns. The five federal judges who will be interviewed by the White House for the nomination are federal judges Sri Srinivasan (who has donated $4,250 to Obama), Jane Kelly ($1,500 to Obama), Paul Watford ($1,000 to Obama), Ketanji Brown Jackson ($450 to Obama), and Merrick Garland, who has not donated to Obama. None of the judges are major political donors and the contributions made to Obama account for the majority of each judge's political giving. The donation from Jackson is the only federal political contribution she made that was large enough to be included in election filings.
Coming Supreme Court Battle Shows Need for Fixed Judicial Terms. Contrary to the judiciary's reputation as the least dangerous branch, judges exercise almost every executive and legislative power other than going to war. Their ability to make, transform, and distort the nation's fundamental law is why the battle over Antonin Scalia's successor is likely to be so brutal. That wasn't the Constitution's original plan. The courts were important, but were not to supplant the other branches. Rather, judges were expected to constrain the executive and legislative branches. Alexander Hamilton, though a proponent of strong central government, expected the judiciary to play a "peculiarly essential" role to safeguard liberties and act as an "excellent barrier to the encroachments and oppressions of the representative body." Judges were not to implement the popular will, but instead to "guard the Constitution and the rights of individuals" from "the people themselves."
Judge's order could expose 10M California schoolkids' personal info, say critics. A federal judge's order earlier this month that California public schools turn a trove of personal information on millions of children over to two nonprofits has parents worried and privacy rights advocates outraged. The nonprofits, who advocate for special needs kids, say they need the info to gauge compliance with federal law, but critics don't believe Social Security numbers, home addresses and other sensitive records should be included. The ruling by Judge Kimberly Mueller of the Eastern District of California, applies to all students enrolled in Golden State public schools at any time since 2008, a number estimated at 10 million.
Bill would reduce reach of liberal court. A pair of Republican senators has resurrected an old idea: splitting the Ninth Circuit, the largest and most liberal court of appeals in the country, into two courts. Sens. Steve Daines, R-Mont., and Dan Sullivan, R-Alaska, aren't the first to try. The Ninth Circuit dominates the western United States, serving about one-fifth of the population of the country, and the resultant caseload has created a bureaucratic logjam that court-watchers of all stripes dislike. Conservative critics derive extra motivation from the fact that the court, long perceived as being dominated by California, issues reliably liberal decisions that bind a full 20 percent of the nation's population. But that same notion discourages liberal lawmakers from changing the court, and so the Ninth Circuit has stood, unreconstructed, since its establishment in 1866.
U.S. judge grants injunction against anti-abortion activists. A U.S. judge on Friday [2/5/2016] granted a preliminary injunction stopping the distribution of surreptitious videos taken by anti-abortion activists who alleged Planned Parenthood staff discussed the illegal sale of aborted fetal tissue. The National Abortion Federation (NAF), a nonprofit representing abortion providers, accused the Center for Medical Progress and its founder, David Daleiden, in a lawsuit last year of illegally infiltrating and recording its private meetings.
Judge's courtroom gun ban still in effect; 2 police officers refuse to surrender weapons. A "Lone Ranger" judge says no guns in his Douglas County courtroom — not even on police officers. Omaha police officers say no way; they're not disarming. The issue was expected to come to a head Monday [1/25/2016] at a hearing on the fifth floor of the Douglas County Courthouse. But for all the hubbub — police officers, prosecutors and even fellow judges gathered in a hallway, wondering if an officer would actually be handcuffed for refusing to disarm — the hearing ended with a whimper.
While No One Was Watching, Obama Took Control of the Courts. The New York Times wrote in 2014, "Democrats have reversed the partisan imbalance on the federal appeals courts that long favored conservatives, a little-noticed shift with far-reaching consequences for the law and President Obama's legacy." It didn't favor conservatives but there was a dramatic shift to the far left. The appellate is under the control of leftists and ACLU types. They own the Court of Appeals. As he has done by ignoring Congress and the Supreme Court of the United States, Obama has been eliminating voices not his own. He has been erasing the Separation of Powers and our Constitution. He has been obliterating states rights. The judicial branch was also on the agenda. This is part of Mr. Obama's fundamental transformation.
Will The Senate Confirm This Judge Who Called Reagan A Bigot? A judge who accused the Reagan administration of "bigotry" is expected to be confirmed Tuesday [1/19/2016] by the Republican-led Senate for an Obama-appointed federal judgeship in Minnesota. Justice Wilhelmina Wright, who currently sits on the Minnesota Supreme Court, accused former President Ronald Reagan and Chief Justice William Rehnquist in 1989 of helping white people avoid desegregated public schools, reported The Daily Signal.
Judge ignored warnings, freed 'slasher'. The career criminal charged with slashing a woman on her way to work in Chelsea was on the streets because a judge ignored warnings that he's a "high risk" defendant and sprung him without bail on an earlier assault, The [New York] Post has learned. Kari Bazemore is also suspected in yet another attack on a Bronx woman after Manhattan Judge Laurie Peterson set him free on Dec. 31.
Alabama Chief Justice Screwed 66 Judges. Defying history, the law, and common sense, Alabama Chief Justice Roy Moore has issued an order prohibiting Alabama probate judges from issuing marriage licenses to same-sex couples. Those judges now face a choice between disobeying the law of the land and disobeying their boss. Moore issued his law not as chief justice, but in his administrative role as head of the Alabama court system.
Feds Say Alabama Judges Must Obey US Supreme Court Decision. Alabama Chief Justice Roy Moore — ousted from office a decade ago when he refused to remove a Ten Commandments monument from state property — on Thursday [1/7/2016] stood by his assertion that Alabama probate judges should not issue marriage licenses to gay couples, a seemingly direct challenge to a U.S. Supreme Court ruling that effectively legalized same-sex marriages nationwide.
Ninth Circus Court: Car Theft No Longer Grounds For Deportation. Vehicle theft does not constitute a crime of moral turpitude for the purposes of deporting an immigrant, the en banc Ninth Circuit ruled Monday [12/28/2015].
Relief for Immigrant Convicted of CA Car Theft. In the case at hand, an immigration judge ordered the deportation of Gabriel Almanza-Arenas after finding that his conviction for vehicle theft in California met the statutory bar as a crime involving moral turpitude. The Board of Immigration Appeals had affirmed that finding, concluding that Almanza-Arenas had a duty he did not meet to produce evidence showing that he did not intend to permanently deprive anyone of the vehicle he stole.
Activist Judge Legalizes Illegal Gun Confiscation in New York. [Scroll down] [Andrew] Carroll decided to sue in federal court for violations of his Second Amendment and other rights. He also demanded that the county be enjoined from destroying his guns and to stop them from future illegal gun confiscations. The decision by District Judge Arthur Spatt was almost as incredulous as the confiscation of the guns themselves. He denied the injunction against Nassau police, citing the belief that Carroll could be compensated monetarily for having his guns stolen by law enforcement. I challenge the judge to show me in the constitution where any government agency, local, state or federal are allowed to illegally seize guns and then compensate the owner with cash. It is more likely that this judge just wants to make it very expensive for Carroll to get his guns back and even if he receives money in place of the guns, Nassau County will in all likelihood refuse him a permit to buy new guns.
Muslim judge sworn in on Koran in New York. A Muslim Civil Court judge was reportedly sworn in Tuesday in New York using the holy book of Islam as a testament to her faith. "All is praise [sic] is indeed due to the Most High!" Hon. Carolyn Walker-Diallo, a life-long resident of Brooklyn, said in a post on her website. "I am humbled that my community has entrusted me with the immense responsibility of ensuring that EVERYONE has notice and a FAIR opportunity to be heard in the halls of justice."
Carolyn Walker-Diallo, Muslim judge, sworn in on Koran in Brooklyn. A routine municipal ceremony has become seeped in controversy after a Brooklyn Civil Court judge was sworn in using a Koran. Carolyn Walker-Diallo, who was elected last month in Brooklyn's 7th Municipal District, took her oath of office Thursday [12/17/2015] using the holy book of Islam as a testament to her Muslim faith. The swearing-in session went off without a hitch, but after attendees posted video of the ceremony to social media, the backlash became so severe that some of Walker-Diallo's supporters became concerned for her safety.
U.S. judge sworn into office on Quran. New York's newest 7th Municipal District Court judge for the Brooklyn borough, a Muslim woman named Carolyn Walker-Diallo, has reportedly shied from the Bible and turned to the Quran to swear in to her seat. The Gulf News first reported the matter, saying the use of the Quran gives "hope" to the Muslim community.
Judge receives death threats after being sworn in on Koran. The NYPD hate-crimes unit is investigating threats made to a Brooklyn Civil Court judge who was sworn in on a Koran, The [New York] Post has learned. Judge Carolyn Walker-Diallo got two calls at 11:30 a.m. Tuesday at the courthouse on Schermerhorn Street, law enforcement sources said on Wednesday [12/16/2015]. [...] David Bookstaver, a spokesman for the state's courts, said judges need only swear an oath of office that they will uphold the law, and that there are no requirements to use a religious text.
Federal Judge Who Outlawed Racial Profiling is Victim of Black Mob Violence. Federal Judge Susan Dlott wrote the book on racial profiling in 2002. Last week, she ripped it into one million tiny pieces when three black people broke into her $8 million Cincinnati home and started beating her and her 79-year old husband. "There's three black men with guns at our house," Dlott told a 911 operator after she escaped the home invasion and ran to her neighbor's house one mile away. And just in case the operator did not hear her the first time, Dlott said it again: "My husband and the dogs are still there. There are three black men with guns and masks at the house." That's Racial Profiling 101: Identifying the criminals by race, as if that had something to do with it.
Federal judge bans school's live Nativity show. A federal judge has banished the Baby Jesus and the Three Wise Men from an Indiana high school's Christmas musical. U.S. District Court Judge Jon DeGuilio, appointed to the bench by President Obama, issued an injunction against Concord Community Schools on Dec. 2. The court order forbids students from presenting a live Nativity scene during the Concord High School's Christmas Spectacular. The judge said that portion of the show is overtly religious in nature.
The Editor says...
Group gets judge's OK to parade nude in S.F.. It's illegal to go naked in public in San Francisco, unless you're part of an event with a city permit, like a parade. And that's what 50 to 100 nudists plan to do on city streets Saturday [9/26/2015], with an assist from a federal judge.
Also posted under the poisonous fruits of liberalism.
Hundreds of deported immigrants with mental disabilities may return to US. Hundreds of immigrants with mental disabilities who were deported from the U.S. after representing themselves in court may be allowed to return to the country under a settlement approved by a judge Friday [9/25/2015].
Arkansas judge reinstates Medicaid contract with Planned Parenthood. A federal judge on Friday [9/18/2015] ordered Arkansas to temporarily reinstate its Medicaid contract with Planned Parenthood after the state blocked funding over concerns about secretly recorded videos released by an anti-abortion group.
Grievance Driven Asian Judge Makes Up Her Own Law, Declares Illegals Should. It's the next immigration outrage Donald Trump should denounce. As we previously predicted, Obama-appointed judge Dolly Gee acted as a kritarch, a judge who thinks she can make law, and ordered the release of the illegal immigrants who had been lured to the United States by Obama's Administrative Amnesty. Essentially, it's a unilateral abolition of one of the few remaining aspects of immigration law enforcement. And needless to say, it's based less on the law than on Gee's personal feelings. Who is Dolly Gee? She's the first Chinese-American to serve as a U.S. District Court Judge, previously nominated by President Clinton but not confirmed until nominated again by Obama. And she sees her role in the court system as a way of achieving racial revenge against Whites.
Conservatives demand GOP field pledge no more moderate judges. In advance of Wednesday's [9/16/2015] Republican presidential debate, conservatives are mounting a campaign to get the candidates to pledge that if elected they won't nominate moderate Supreme Court judges like Chief Justice John Roberts, and Justices David Souter and Anthony Kennedy. "No More Roberts, Souters or Kennedys" is the rallying cry of the effort from the Judicial Crisis Network, led by Carrie Severino, a former clerk to Republican Justice Clarence Thomas. Souter retired in 2009.
Tennessee judge dismisses divorce case, cites Supreme Court same-sex marriage ruling. A judge in Tennessee has dismissed a divorce case, saying the U.S. Supreme Court's ruling on same-sex marriage has negated his state's ability to define divorce. Hamilton County Chancellor Jeffrey Altherton wrote in his decision that he cannot grant Thomas and Pamela Bumgardner's divorce because Obergefell v. Hodges redefines the rules for marriage, and thus the rules for divorce.
Can Federal Judges Run Public Schools? Judicial tyranny, specifically in our American court system, has usurped legislative jurisdiction, and I am so bold as to add Divine jurisdiction, in our Constitutional Republic. We saw its egregious head again this past weekend after a Mississippi school district canceled Brandon High School's marching band playing of the Christian hymn "How Great Thou Art" during halftime at Friday night's [8/21/2015] football season opener. The reason? It was decided that singing a hymn was too similar to a recent ban by U.S. District Judge, Carlton Reeves, given to Rankin County School District on July 10, saying it promoted Christianity during school hours after it agreed to stop. So Reeves fined the district $7,500 and again ordered it to stop sponsoring prayers at graduations, assemblies, athletic competitions and other cschool events, WLBT-TV reported.
Court Rules Illegal Aliens Have Second Amendment Rights. A recent decision by the U.S. Seventh Circuit Court of Appeals that says illegal aliens — what the left likes to call "undocumented immigrants" — enjoy a Second Amendment right to bear arms, even if their presence in this nation is criminal.
Judge blocks release of recordings by anti-abortion group. A federal judge on Friday [7/31/2015] blocked the release of any recordings made at meetings of an abortion providers' association by an anti-abortion group that previously revealed secretly recorded videos of a Planned Parenthood leader.
Obama Appointee And Bundler Blocks More Video Releases By Group Behind Planned Parenthood Sting. A federal judge late Friday [7/31/2015] granted a temporary restraining order against the release of recordings made at an annual meeting of abortion providers. The injunction is against the Center for Medical Progress, the group that has unveiled Planned Parenthood's participation in the sale of organs harvested from aborted children. Judge William H. Orrick, III, granted the injunction just hours after the order was requested by the National Abortion Federation. Orrick was nominated to his position by hardline abortion supporter President Barack Obama. He was also a major donor to and bundler for President Obama's presidential campaign. He raised at least $200,000 for Obama and donated $30,800 to committees supporting him, according to Public Citizen.
Fear and Fascism: Judge Bars Release of More Planned Parenthood Videos. A temporary restraining order has been issued preventing an anti-abortion group from releasing any video of leaders of a California company that provides fetal tissue to researchers. The group is the same one that previously shot viral covert video of a Planned Parenthood leader discussing the sale of aborted fetuses for research. The Los Angeles Superior Court order issued Tuesday [7/28/2015] prohibits the Center for Medical Progress from releasing any video of three high-ranking StemExpress officials taken at a restaurant in May. It appears to be the first legal action prohibiting the release of a video from the organization.
Court bars anti-abortion group from releasing new videos. A temporary restraining order has been issued preventing an anti-abortion group from releasing any video of leaders of a California company that provides fetal tissue to researchers.
More about Planned Parenthood.
Judge blasts ICE, says immigrant children, mothers should be released from detention centers. A federal judge has ruled that hundreds of immigrant women and children held in detention facilities should be released, finding that their detention was in serious violation of an earlier court settlement. U.S. District Judge Dolly Gee in Los Angeles ruled late Friday [7/24/2015] that federal officials had violated an 18-year-old court settlement regarding the detention of migrant children.
Judge orders Obama administration to release illegal immigrants from 'deplorable' facilities. A federal judge in California has ruled that hundreds of illegal immigrant women and children in U.S. holding facilities should be released, another apparent setback for President Obama's immigration policy, according to The Los Angeles Times. U.S. District Judge Dolly Gee said Friday [7/24/2015] that the conditions in which the detainees are being held are "deplorable" and violate parts of an 18-year-old court settlement that put restrictions on the detention of migrant children. The ruling also raises questions about what the administration will do with the estimated 1,700 parents and children at three detention facilities, two in Texas and one in Pennsylvania.
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Federal judge frees Fla. imam — a former Marine accused of radicalizing homegrown terrorists. A gang leader-turned-radical-Muslim imam considered so dangerous he was kept in shackles and assigned his own guard while he was held in a Florida prison for four years has been freed by a federal judge who said he believes Marcus Dwayne Robertson is a "very bad man," but that federal prosecutors were "woefully inadequate" in making their case for keeping him behind bars.
Constitutional Remedies to a Lawless Supreme Court. This week, we have twice seen Supreme Court justices violating their judicial oaths. Yesterday, the justices rewrote Obamacare, yet again, in order to force this failed law on the American people. Today, the Court doubled down with a 5-4 opinion that undermines not just the definition of marriage, but the very foundations of our representative form of government. Both decisions were judicial activism, plain and simple. Both were lawless.
Constitutional Remedies to a Lawless Supreme Court. This week, we have twice seen Supreme Court justices violating their judicial oaths. Yesterday [6/25/2015], the justices rewrote Obamacare, yet again, in order to force this failed law on the American people. Today, the Court doubled down with a 5-4 opinion that undermines not just the definition of marriage, but the very foundations of our representative form of government. Both decisions were judicial activism, plain and simple. Both were lawless.
U.S. attorney chills Reason-able speech. What do you call it when a prosecutor forces a magazine to hand over confidential information — and then orders the magazine not to publish anything about it? Some might call it heavy-handed judicial overreach, but lately it's just another day at the office for those who purport to administer justice.
Court: Mother and daughter deported to Guatemala need to be returned to U.S. immediately. A mother and her 12-year-old daughter who were deported to Guatemala on Friday [6/19/2015] need to be immediately returned to the United States, a U.S. Court of Appeals judge ordered. In a rare move, Chief Judge Theodore A. McKee of the Third Circuit Court of Appeals has order U.S. officials to search for the 34-year-old mother, Ana, and her daughter, who were pulled from their rooms at a Pennsylvania family detention center at 3 a.m. Friday and placed on a plane flying to Panama City.
Kalief Browder was no circus freak. [Scroll down] Browder was charged with robbery, grand larceny and assault. His friend and alleged accomplice was not incarcerated for the matter but Browder was because of his probation. His bail was set at $3,000, a sum his family could not raise. After his indictment, another judge ordered Browder kept behind bars without bail. He was sent to Riker's Island, where he was locked up for three years without a trial. This actually happened. No one disputes these facts. And it happened in America, no less, where you're supposedly innocent until proven guilty.
Fare-skipping Ohio woman ordered to take a hike at sentencing. A fare-skipping Ohio woman was sentenced last Thursday to walk 30 miles in 48 hours as a form of punishment by a judge known for his eye-for-an eye sentences. Victoria Bascom, 19, who did not pay for a 30-mile cab fare back in February for a ride from Cleveland to Painesville, WATE.com reported. Judge Michael Cicconetti gave Bascom two options at sentencing: 30 days in jail or the hike.
Canadian judge could free former teen terrorist who killed US Army medic. A former teen terrorist who killed a U.S. Army Delta Force medic in Afghanistan in 2002 was released on bail Thursday [5/7/2015] by a Canadian judge, a move that allows the former Guantanamo Bay detainee to appeal his U.S. conviction while free. Omar Khadr, a Canadian citizen, was just 15 when he threw the grenade that killed U.S. Army medic Christopher Speer as Speer and four others cleared a building in the Khost province following an air raid. Captured at the scene, Khadr admitted carrying out the act years later while in Guantanamo.
SFC Christopher Speer Is Dead; Omar Khadr Is Free. A Canadian judge ruled this week that former Gitmo detainee Omar Khadr poses no public safety threat. Tell that to the children of Sergeant First Class Christopher J. Speer and the surviving American soldiers who valiantly fought Khadr on the battlefield.
Obama Potential Supreme Court Nominee Let Off Cartoon Gunman Because She Wasn't Sure What "Jihad" Meant. The Mohammed cartoon shootings did not turn into a massacre because of the quick actions of police officers on the scene. But if a massacre had occurred, much of the responsibility would rest with Judge Mary H. Murguia. [...] Elton Simpson got off with a slap on the wrist because Murguia chose not to find that he was lying about being engaged in terrorism. Now a man has been shot and a serious terrorist attack was narrowly averted because Judge Murguia refused to do her job.
Judge: DEA not liable for botched sting that killed truck driver. The drug war means never having to say you're sorry. ["]A Houston-based federal judge ruled that the U.S. Drug Enforcement Administration does not owe the owner of a small Texas trucking company anything, not even the cost of repairing the bullet holes to a tractor-trailer truck that the agency used without his permission for a wild 2011 drug cartel sting that resulted in the execution-style murder of the truck's driver, who was secretly working as a government informant.["] The Houston Chronicle story also points out that the ruling will spare the DEA a "potentially embarrassing trial." Another way to phrase that might be that the ruling prevents the public from knowing the details of just how ruthless and indifferent to collateral damage drug warriors can sometimes be.
NY Judge Gives 2 Chimpanzees 'Human' Status. As far as a judge in New York is concerned, the "Planet of the Apes" is no longer a fantastic sci fi movie because he has given two chimps legal status as humans. The judge has given the chimps legal status so that they can "challenge their captivity."
N.Y. Judge Grants Legal Rights To 2 Research Chimps. The judge in the case has amended her ruling to strike out the term "writ of habeas corpus." It is now unclear whether Hercules and Leo, the chimps at Stony Brook University, can challenge their detention.
Black Judge Gives Black Home Invader Probation, Attacks White Family for Racism. A black judge, offended by a white family's concern that their toddler was frightened of black men after a violent home invasion and robbery, publicly shamed them and let off the convicted man with mere probation.
How the Environmentalists are Destroying California. In 2007, they mobilized around saving the Delta Smelt, a three-inch baitfish, as an outgrowth of a policy that for decades put animal life and vegetation ahead of drinking water and food. The Delta Smelt requires a rare and somewhat precise mixture of fresh and salt water. It is by any measure a fragile species. In August 2007, Federal Judge Oliver Wanger ruled that the fresh water pumped into the Central Valley, the lifeblood of its economic base, threatened the survival of the Delta Smelt. He ordered a severe reduction in the water directed to Central Valley agriculture. The ruling (subsequently reversed for sloppy science and then upheld) resulted in a loss of thousands of jobs and acres of farmland.
Judge Cuts 15 Years Off Mandatory Sentence of Man Convicted of Sodomizing Toddler. An Orange County Superior Court judge decided a Santa Ana man convicted of sexually assaulting a child should not have to serve the minimum sentence of 25 years to life in prison, saying that the sentence would be cruel and unusual punishment.
Black Judge heaps Scorn on Three-year old Racist. Louisville has a new hero: A black judge unafraid to stand up to the relentless white racism that is everywhere, all the time, and explains everything. And the racist at the receiving end of Judge Olu Stevens' courageous scorn? A three-year-old girl.
Judges Order Sheriff to Remove American Flag From Courthouse. By now you've all heard about the flag controversy at the University of California-Irvine, where the student government voted to ban flags, including the American flag, in student government offices. While a higher student body vetoed that measure, the debate on the university's campus is not over. Now, on the East Coast, we're seeing a similar controversy brewing at a courthouse in Virginia.
Obama Threatens Immigration Officials Who Don't Comply With Executive Amnesty. President Obama sent a strong message to illegal immigrants counting on the legality of his executive actions on immigration reform at a Wednesday [2/25/2015] town hall. He said that the Texas ruling against him was only temporary and that he would hold immigration officials accountable to his directives. "Unfortunately a group of Republican governors sued," Obama admitted, referring to the Texas court ruling against his actions. "They found a District Court judge who enjoined ... but that's just the first part of the process. This is just one federal judge."
Activist NJ judge rules greedy unionistas get their pension payment no matter what. New Jersey is broke. That fact is not in dispute. But greedy public employee unionistas sued to force Governor Chris Christie into fully funding their gold-plated pension system. And an activist judge said "yes."
Obama-Nominated Judge: New Illegal Immigrants Must Be Released. A federal judge has ordered the federal government to grant U.S. civil rights to illegals who are caught at the border, and to release all migrants except for those who may endanger Americans. The migrants "may have legitimate claims to asylum ... [and] their presence here may become permanent ... [so] that they are entitled to the protection of the Due Process Clause, especially when it comes to deprivations of liberty," said the judge, who was nominated by President Barack Obama. Under current rules, border-crossers who are released are also allowed to compete against Americans for jobs, and to attend U.S. schools and to receive welfare, until their cases are decided by immigration judges.
Alabama same-sex marriage resistance, federal law to collide in court. Estimates vary, but judges in about 45 of the state's 67 counties refused to issue licenses for same-sex marriages, while more than 20 judges complied with the federal courts. After listening to about 30 minutes of arguments from each side, U.S. District Judge Callie Granade called a recess and then quickly issued her ruling in support of four same-sex couples seeking action against Mobile Probate Judge Don Davis, who had refused to issue them marriage licenses.
U.S. Judge Orders Alabama Official to Issue Same-Sex Marriage Licenses. A federal judge here [in Mobile, Alabama] on Thursday [2/12/2015] ordered that a county probate judge must comply with her earlier ruling and cannot refuse to issue marriage licenses to same-sex couples. The federal judge, Callie V. S. Granade of Federal District Court here, wrote that the county judge, Don Davis, of Probate Court in Mobile County, cannot deny a marriage license "on the ground that plaintiffs constitute same-sex couples or because it is prohibited by the sanctity of marriage."
Federal Judge Awards Illegal Alien Nearly $500K After Being Shot by Border Patrol Agent. U.S. District Court Judge James Soto awarded an illegal alien nearly $500,000 after he was shot in the back by a Border Patrol Agent. The now imprisoned Border Patrol agent claimed the immigrant threatened him with a rock. The judge ruled against the government and ruled in favor of the illegal alien.
Court and Constitution: The Argument Against Judicial Supremacy. Three weeks ago, Rand Paul argued, before a skeptical Heritage Foundation audience, that "judicial activism" wasn't the threat conservatives, for two generations, have thought it to be. A week and a half ago, Mike Huckabee suggested that a Supreme Court decision purporting to make gay marriage national would do no such thing until the states approved enabling legislation. Both drew heavy criticism for their remarks — some of it, at least, merited.
Federal judge strikes down Alabama bans on same-sex marriage. A federal judge struck down two Alabama laws banning same-sex marriage Friday [1/23/2015], making it one of dozens of states where it is now legal for gays and lesbians to marry.
Ferguson grand juror sues over gag order. A member of the grand jury that declined to indict the Ferguson police officer who fatally shot 18-year-old Michael Brown asked a federal court Monday [1/5/2015] to remove a lifetime gag order preventing jurors from discussing the case.
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Federal judge's ruling makes Florida the 36th state where gay marriage is legal. US District Judge Robert Hinkle issued a clarifying order on New Year's Day that all of Florida's county clerks have a legal duty to issue marriage licenses to same-sex couples seeking to wed. The couples can wed as soon as Tuesday [1/6/2015].
Judge frees 2nd cop-hater in 2 days. She keeps turning 'em loose. A day after freeing a gang member who posted an anti-cop death threat online, a Brooklyn judge ignored the admonishment of a court boss — and sprung a man who allegedly punched a police officer and threatened to kill his colleagues, The [New York] Post has learned.
Judges Strikes Down Arkansas, Mississippi Gay Marriage Bans. Federal judges on Tuesday struck down same-sex marriage bans in Mississippi and Arkansas, opening the door to gay nuptials in the Deep South. If their decisions stand, they could bring the number of states that allow gays and lesbians to wed to 37. U.S. District Judge Carlton Reeves in Mississippi said the state's gay marriage ban violated same-sex couples the rights guaranteed under the 14th Amendment of the U.S. Constitution.
Obama's Makeover of the Judiciary. With Republicans in control of the Senate for the first time since Barack Obama took office, the president may find it harder to appoint left-wing lawyers to judgeships. Whether he compromises on some of his nominees, including any to the Supreme Court, may depend on the willingness of the new Republican majority to engage the president on judicial philosophy.
Abolish elected judges. Retired U.S. Supreme Court Justice Sandra Day O'Connor is right. Judicial elections where they exist in 39 states should be abolished. They rest on sophomoric dogmas about justice that shortchange wisdom and the imperative of checks and balances to frustrate majoritarian oppression. Judicial elections should be replaced with merit appointments modeled on the Missouri Plan. It contemplates a nominating commission selected by the governor to vet candidates and send three to five names for his consideration. The governor's ultimate nominee would require confirmation by the legislature.
Federal Judge Offers Flimsy Legal Reasoning in Dismissing IRS Scandal Lawsuit. For years, the IRS served as a cudgel that worked to penalize and diminish the efficacy of political organizations that objected to the Obama Administration's radical agenda. The IRS demanded information on Tea Partiers and the organizations that applied for tax-exempt status, including records of members, emails, lists of reading materials and other protected information. While other leftist organizations were free to make differences in their communities and within the political process, Tea Party organizations were harassed and delayed by the IRS until after the 2012 elections.
True the Vote's Lawsuit Against IRS Gets Tossed by Federal Judge. On Thursday [10/23/2014], a federal judge in the United States District Court for the District of Columbia entered an order dismissing a lawsuit filed by True the Vote, a Houston, Texas-based non-profit organization focused on "voters' rights and election integrity" against the Internal Revenue Service (IRS). The order alleged that the IRS had improperly delayed granting their application for 501(c)(3) status and targeted them as a conservative organization. The opinion, by Judge Reggie B. Walton, found that the IRS had taken sufficient "remedial steps to address the alleged behavior."
Federal judge rules Alaska's same-sex marriage ban unconstitutional. A federal judge ruled Sunday that Alaska's ban on gay marriage is unconstitutional, paving the way for same-sex couples to begin marrying in the state for the first time. The state quickly said it would appeal the decision by U.S. District Court Judge Timothy Burgess, despite recent higher court rulings striking down similar bans around the country.
Judge strikes down Texas voter ID law. A federal judge on Thursday likened Texas' tough voter ID law to a poll tax meant to suppress minority voters and blocked Texas from enforcing it just weeks ahead of next month's election, knocking down a measure the U.S. Justice Department condemned in court as deliberately discriminatory.
Courts block voter ID laws in Texas, Wisconsin. A federal judge likened Texas' strict voter ID requirement to a poll tax deliberately meant to suppress minority voter turnout and struck it down less than a month before Election Day — and mere hours after the U.S. Supreme Court blocked a similar measure in Wisconsin.
Our Judicial Dictatorship. Do the states have the right to outlaw same-sex marriage? Not long ago the question would have been seen as absurd. For every state regarded homosexual acts as crimes. Moreover, the laws prohibiting same-sex marriage had all been enacted democratically, by statewide referenda, like Proposition 8 in California, or by Congress or elected state legislatures. But today rogue judges and justices, appointed for life, answerable to no one, instruct a once-democratic republic on what laws we may and may not enact. Last week, the Supreme Court refused to stop federal judges from overturning laws banning same-sex marriage. We are now told to expect the Supreme Court itself to discover in the Constitution a right of men to marry men and of women to marry women.
Judge Wants To Force A Printer To Make Pro-Gay T-Shirts. An administrative law judge has ruled that a Kentucky printer's refusal to print gay pride t-shirts "constitutes unlawful discrimination," and, by extension, that printers cannot refuse to print materials promoting ideas they disagree with.
The Senate and the Courts. With little fanfare, President Obama has enjoyed remarkable success in his project to remake the federal courts in his own ideological image. How much more he achieves during his final two years in office depends in large part on whether Republicans win control of the Senate this November.
Ninth Circuit Affirms That It's Illegal To Wear American Flag Shirts On Cinco De Mayo. It's official: the U.S. Ninth Circuit Court of Appeals has issued an order declining a request for an en banc hearing in a case involving four students in at a California high school who were sent home for wearing American flag T-shirts on Cinco de Mayo. The full slate of Ninth Circuit judges has thus agreed with a lower district court and with a trio of appellate judges that officials at Live Oak High School in Morgan Hill, Calif. could censor students who wanted to wear flag-emblazoned shirts.
Obama Reshapes Appellate Bench. For the first time in more than a decade, judges appointed by Democratic presidents considerably outnumber judges appointed by Republican presidents. The Democrats' advantage has only grown since late last year when they stripped Republicans of their ability to filibuster the president's nominees.
Harry Reid's Court-Packing Scheme Pays Off In Halbig Case. One of the main reasons that Senate Majority Leader Harry Reid blew up the traditional applicability of the filibuster in the United States Senate was so that President Obama could pack the DC Circuit Court of Appeals with liberal judges, anticipating the need for bias, or at least partisanship, on the bench in order to defend Obamacare from legal challenge. This particular appeals court, officially called the United States Court of Appeals for the District of Columbia Circuit, is often considered the second-most important court in the country since it handles so many cases related to the regulatory power of the federal government.
Louisiana Judge Throws Out Challenge to Landrieu's Residency. A state district judge on Friday [9/5/2014] threw out a challenge to Senator Mary L. Landrieu's bid for re-election in Louisiana. The judge, Wilson Fields, of Baton Rouge, ruled that a lawsuit questioning Ms. Landrieu's residency was premature. The suit, filed by State Representative Paul Hollis, claimed that Ms. Landrieu, a Democrat, lived full time in Washington and could not represent Louisiana because she was not a state resident. Mr. Hollis, a Republican, had briefly considered a run against Ms. Landrieu. Judge Fields said the United States Constitution made it clear that the residency of senators mattered only on the day of an election.
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One Judge to Decide the Future of Detroit. In a trial set to open in the federal courthouse here on Tuesday, nothing short of this city's future is at stake. If Judge Steven W. Rhodes approves a blueprint drawn up by Detroit officials to eliminate more than $7 billion of its estimated $18 billion in debts and to invest about $1.5 billion into the city's now dismal services, it will mark the beginning of the end of the nation's largest-ever municipal bankruptcy. The outcome will set this troubled city's new course for the coming decades, perhaps longer.
Democracy Alliance Bankrolled Court-Packing Scheme. A shadowy network of wealthy liberal donors bankrolled an operation to pack one of America's most powerful courts with progressive judges, according to documents reviewed by the Washington Free Beacon. Now the effort could prevent an Obamacare challenge from reaching the Supreme Court, legal experts say. The strategy to fill the D.C. Court of Appeals with left-leaning judges was aided by the American Constitution Society, a non-profit group that "promotes a progressive vision of the law." The ACS is funded in part by the Democracy Alliance, a liberal donor network that funnels millions to a web of dark-money member groups.
Judges are not 'neutral umpires'. In the last two years, 14 lower federal courts have ruled on the constitutionality of gay marriage bans, with all finding that the U.S. Constitution forbids prohibitions against same sex marriage. Of the 16 judges who have ruled for gay marriage, 13 were appointed by Democratic presidents. On the opposing side, all three dissenting judges were appointed by Republicans.
You can vote all you want, but it won't matter. Judges will decide what's best.
Cleveland judge accused of beating wife had 2,500 rounds of ammunition, semi-automatic rifles, sword and smoke grenades in home. Police confiscated smoke grenades, semi-automatic rifles, a sword, a bulletproof vest and more than 2,500 rounds of ammunition from the home of Cuyahoga County Common Pleas Court Judge Lance Mason's home, according to a police report. Mason, 46, entered no plea Monday [8/4/2014] during his initial appearance in Shaker Heights Municipal Court. He's charged with felonious assault, a second-degree felony. He's accused of punching his wife in the face several times along with biting and choking her.
10 states join Indiana's appeal of federal judge's same-sex marriage ruling. The attorneys general of 10 states have joined in Indiana's appeal of a federal judge's ruling that found the state law banning same-sex marriage unconstitutional. In a filing this week, the attorneys general of Alabama, Alaska, Arizona, Colorado, Idaho, Louisiana, Oklahoma, South Carolina, South Dakota and Utah filed a friend of the court brief alleging it is not the judicial branch's role to determine whether same-sex marriage should be permitted. "The moral, political, and social issues surrounding this case are profound and profoundly important," says the brief filed by Colorado Solicitor General Michael Francisco. "However, they are distinct from the purely legal principles that this court can address."
Oklahoma's ban on gay marriage unconstitutional, federal appeals court rules. A federal appeals court on Friday [7/11/2014] struck down Oklahoma's ban on same-sex marriages. The 10th Circuit Court of Appeals ruled 2-1 that the ban violates the U.S. Constitution's guarantee of equal protection under the law for everyone. "States may not, consistent with the U.S. Constitution, prohibit same-sex marriages," the judges wrote. The court stayed its opinion, putting it on hold pending an expected challenge.
Florida Court Overturns State's Same-Sex-Marriage Ban. A judge in Florida overturned the state's ban on same-sex marriage on Thursday [7/17/2014]. The ban had been approved by 62 percent of voters in 2008. "The court is aware that the majority of voters oppose same-sex marriage, but it is our country's proud history to protect the rights of the individual, the rights of the unpopular and rights of the powerless, even at the cost of offending the majority," Monroe County Circuit Judge Luis Garcia wrote in his opinion. Florida Attorney General Pam Bondi filed an appeal almost immediately.
Well-connected rookie judge to preside over Khattala Benghazi trial. Just three months into his tenure on the federal bench, and before his formal investiture ceremony later this week, newly minted U.S. District Judge Christopher "Casey" Cooper has been handed one of the most high-profile and politically sensitive American terrorism cases in recent years. Cooper, who was confirmed by the Senate in March, has been randomly assigned by the court's selection system to preside over the U.S. government's case against Ahmed Abu Khattala, a suspected ringleader in the deadly attack on U.S. outposts in Benghazi, Libya.
Federal Appeals Court Strikes Down Utah's Same-Sex Marriage Ban. For the first time, a federal appeals court has struck down a state's ban on same-sex marriage. A three-judge panel of the 10th Circuit Court of Appeals in Denver voted 2-1 that Utah's ban is unconstitutional. "We hold that the Fourteenth Amendment protects the fundamental right to marry, establish a family, raise children, and enjoy the full protection of a state's marital laws. A state may not deny the issuance of a marriage license to two persons, or refuse to recognize their marriage, based solely upon the sex of the persons in the marriage union," the court said.
Judge strikes down Montana immigrant law. A Montana judge struck down most of a 2012 voter-approved law requiring government officials to conduct immigration checks on anybody seeking services provided by the state — from unemployment benefits to crime-victim assistance.
Alabama judge rejects Catholic broadcaster's claim against ObamaCare mandate. A federal judge in Alabama has dismissed a Catholic broadcaster's legal claim that requiring employers to include contraception in their health care coverage is unconstitutional.
Also posted under Obama versus the Catholics.
Wisconsin AG Seeks Stay Halting Gay Marriages. Same-sex couples began getting married in Wisconsin on Friday [6/6/2014] shortly after a federal judge struck down the state's gay marriage ban and despite confusion over the effect of the ruling.
Judge strikes down Wisconsin gay marriage ban. A federal judge struck down Wisconsin's ban on same-sex marriage on Friday, ruling it unconstitutional. It wasn't clear whether U.S. District Judge Barbara Crabb's 88-page ruling cleared the way for same-sex marriages to begin immediately. But the ruling makes Wisconsin the 27th state where same-sex couples can marry under law or where a judge has ruled they ought to be allowed to wed.
Judge who sentenced rapist to 30 days faces suspension. A Montana judge who said a 14-year-old rape victim appeared "older than her chronological age" will be publicly censured and given a 31-day suspension without pay for his misconduct in the case, the Montana Supreme Court said in a Wednesday [6/4/2014] order. Justices said Judge G. Todd Baugh of Billings eroded confidence in the court system with his actions in the case of convicted rapist and former teacher Stacey Dean Rambold.
Judges [sic] Orders Temporary Halt to Ohio Executions. Ohio executions have been put on hold for 2 1/2 months after a federal judge said [5/27/2014] he wanted to hear arguments over the state's new lethal injection procedures.
Gay-Marriage Decisions Read Like GLAAD Press Releases Now. A district judge in Pennsylvania ruled yesterday that the state is obligated to recognize same-sex marriages. Given the sensitivity of the issue, the judge must have taken extra caution to present a sober, impartial analysis of the relevant case law, right? Of course not. His decision reads like a press release from a gay-rights organization, replete with emotional appeals, loaded terminology, and rhetorical flourishes. While reading the first paragraph of the decision, keep in mind that the author is supposed to be a neutral arbiter of the law: [...]
Federal judge puts U.S. Rep. John Conyers back on primary ballot. U.S. Rep. John Conyers' on-again, off-again roller coaster ride for the Aug. 5 ballot took a new twist Friday [5/23/2014] when U.S. District Judge Matthew Leitman put the 85-year-old congressman back on the ballot. Leitman's decision, released late Friday, contradicts the Secretary of State's review of Conyers' petitions, which found earlier in the day that Conyers had less than half the required signatures of valid registered voters on the petitions he turned in to qualify for the Aug. 5 primary ballot.
Judge allows long-time Dem Rep. Conyers on primary ballot. A federal judge put Michigan Rep. John Conyers, one of the longest-serving Democrats in Congress, on the primary ballot Friday [5/23/2014,] hours after state election officials declared him ineligible. Earlier Friday, Conyers lost his appeal to get on the August primary ballot after state officials found problems with his nominating petitions. But hours later, Detroit federal Judge Matthew Leitman issued an injunction ordering that Conyers' name be placed on the ballot.
Federal judge puts Rep. John Conyers back on the Democratic primary ballot. Michigan Secretary of State Ruth Johnson office affirmed a decision by Detroit-area election officials, agreeing that only 455 of the signatures he submitted were gathered by registered voters in his heavily Democratic district. At least 1,000 were needed to qualify for the August 5 primary election. But just hours later, Detroit federal Judge Matthew Leitman issued an injunction ordering election officials to put Conyers' name on the ballot while larger constitutional issues are sorted out. Leitman was appointed in July 2013 by President Barack Obama.
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Ohio court OKs order that dad can't have more kids. An Ohio appeals court has upheld a judge's order that a deadbeat father can't have more kids until he pays his back child support.
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It's open season on prostitutes.
Federal judge strikes down Wisconsin voter ID law. A federal judge struck down Wisconsin's voter identification law Tuesday, declaring that a requirement that voters show a state-issued photo ID at the polls imposes an unfair burden on poor and minority voters.
Report finds appeals court judges violated conflict-of-interest laws in 26 cases. More than a dozen federal appeals court judges have violated federal conflict-of-interest laws over the past three years, throwing into doubt decisions in 26 cases, according to an analysis from a watchdog group.
Calif. moves to ban judges affiliated with Boy Scouts. California is proposing to ban members of the Boy Scouts of America (BSA) from serving as judges because the Boy Scouts do not allow gay troop leaders, The Daily Caller has learned. 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.
Free Exercise Thereof. We are in a post-republic America. There is no rule of law, there is only a rule of judges. Legislation is equal to a dictate from the king. That we elect the barons and the lords to rule over us does not lessen tyranny, but it makes us feel better; it gives us faith in the "system" and that is all the government really needs. Through several supreme court decisions, largely where they have ruled on Obamacare, the message as been sent: Whatever the government chooses to do is within its power. [...] The laws against privacy and guns are passed by legislators. The laws against religion are passed by judges.
11 Reasons the left has not won the culture war. Let's start with the biggie: same-sex marriage. Yes, polls show gay marriage is breaking out all over, but when put to a vote same-sex marriage has lost (even in California) much more often than not. Furthermore, gay marriage is not being legalized through popular opinion or demand, it is being legalized through activist judges.
Federal Judge Overturns North Dakota's 6-Week Abortion Ban. A federal judge on Wednesday overturned a North Dakota law that bans abortions when a fetal heartbeat can be detected, which can be as early as six weeks into pregnancy and before many women know they're pregnant.
Federal judge strikes down Texas gay marriage ban. The state's gay marriage ban was challenged by two gay couples — one seeking to marry in Texas and one seeking to have their marriage, which was performed in Massachusetts, to be recognized.
Judge orders Kentucky to begin recognizing gay marriage. A federal judge in Kentucky took a final step Thursday forcing the state to begin recognizing same-sex marriages performed outside the state. U.S. District Judge John Heyburn was following through on his ruling earlier this month that found a portion of the state's constitution, which bans the recognition of gay marriage, violates the U.S. Constitution. On Thursday, the judge wrote the amendment was unlawful and "void and unenforceable."
Know-Nothing Judges. Conservatives and liberty lovers pretty much take it for granted that liberal judges don't know anything about the Constitution. That much seems obvious from the consistently ridiculous decisions made by left-wingers on the bench at all levels. Yet, it is somewhat jarring to come across a liberal judge who is so un-knowledgeable, so uneducated, so thoroughly ignorant of the foundations upon which this country was built that she literally does not know what the Constitution actually says[.]
NYT, federal judge overruling gay marriage ban confuse Constitution for Declaration of Independence. Both federal judge Judge Arenda L. Wright Allen and the one-time newspaper of record confused the Constitution for the Declaration of Independence during their haste to celebrate the overturning of Virginia's gay marriage ban Thursday night. "Our Constitution declares that 'all men' are created equal. Surely this means all of us," wrote Allen in a tautological pronouncement that cited a unilateral assertion of sovereignty penned in response to 18th-century British abuses of power, rather than the supreme law governing the U.S. The New York Times gave no indication it noticed Allen's glaring error, dedicating most of its 761-word article to sniffing at opponents of same-sex marriage.
Maine's highest court: Transgender student's rights were violated. The rights of a transgender girl from Orono were violated when school administrators made her use a staff bathroom at her elementary school instead of the girls' restroom, the Maine Supreme Judicial Court ruled Thursday [1/30/2014]. The ruling is the first in which a state supreme court has affirmed a transgender person's right to equal access to restrooms in places of public accommodation.
Federal ruling forbids states from checking voters' citizenship. A federal commission rejected three states requests to ask voters for proof of citizenship, issuing a complex decision Friday [1/17/2014] that said it's up to the national government, not the states, to decide what to include on registration forms. Under the motor-voter law, federal officials distribute voter-registration forms in all of the states. Arizona, Kansas and Georgia all asked that those forms request proof of citizenship, but the federal Election Assistance Commission rejected that in a 46-page ruling. The EAC said states can check driver's license databases or ask federal immigration authorities for information, but they cannot tell the federal government what to include on federal forms.
As trial nears, 9th Circuit Court accused of favoring Hollywood. The California-based 9th U.S. Circuit Court of Appeals is known for progressive rulings that champion individual rights over government and corporations, but when it comes to show business, the "Hollywood Circuit" — as it has been called — stands accused of routinely siding with the home-turf entertainment industry. Judges famously sided with film studios in the early 1980s when the studios sued Sony for infringing their copyrights by selling the Betamax video recorders. Had the Supreme Court not reversed the decision, the home video industry might never have been born.
Court affirms Mass. murderer's right to get sex change in prison. A federal appeals court on Friday [1/17/2014] upheld a judge's ruling granting a taxpayer-funded sex change operation for a transgender inmate serving a life sentence for a murder conviction, saying receiving medically necessary treatment is a constitutional right that must be protected "even if that treatment strikes some as odd or unorthodox."
Pennsylvania voter ID law struck down. Pennsylvania's voter ID law, among the nation's most stringent, was struck down Friday morning [1/17/2014] by a state judge. Commonwealth Court Judge Bernard L. McGinley ruled that the law, requiring almost all voters to present photo identification prior to voting, was an unreasonable burden on voters.
US judge strikes down Okla. same-sex marriage ban. A federal judge struck down Oklahoma's gay marriage ban Tuesday [1/14/2014], but headed off any rush to the altar by setting aside his order while state and local officials complete an appeal.
Judge Strikes Down Utah Traditional Marriage Laws, Calls Them 'Irrational'. In his 53-page opinion for Kitchen v. Herbert on Dec. 20, U.S. District Judge Robert Shelby — who was appointed by President Obama in 2011 — compared marriage laws that do not include homosexual pairings to racist laws. He noted that in its 1967 case Loving v. Virginia, the U.S. Supreme Court struck down as a violation of the Fourteenth Amendment a Virginia law that did not allow a white man to marry a black woman. [...] However, the ruling in Loving does not appear to stand for what Shelby says it does.
Federal Judge: Right to Same-Sex Marriage Is 'Deeply Rooted in This Nation's History and Tradition'. Judge Robert J. Shelby, whom President Barack Obama appointed to the U.S. District Court in Utah last year, issued an opinion on Friday [12/20/2013] declaring that a right to same-sex marriage is "deeply rooted in the nation's history and implicit in the concept of ordered liberty." Shelby was confirmed to the federal bench by a voice vote of the Senate on Sept. 21, 2012. There was no debate over his nomination, and no senator objected to his confirmation. He has now issued an opinion that could fundamentally alter American law and culture.
End Of Filibuster Brings the First Of Many Radical Judges. The first spoil of Harry Reid's shredding of the Senate's historic filibuster rules has been confirmed to the D.C. Circuit. Patricia Millett is another radical activist masquerading as judge.
Democrats use new power to tilt appeals court. Democrats overwhelmed outnumbered Republicans and pushed a pair of President Barack Obama's high-profile nominees through the Senate on Tuesday [12/10/2013], the first to win confirmation since the chamber weakened the age-old filibuster.
D.C. Circuit Court has Democratic majority bench for first time since Reagan administration. The U.S. Court of Appeals for the District of Columbia Circuit, considered the nation's second-most influential court behind the Supreme Court, now tilts Democratic, thanks to the Senate's new filibuster rules. The Senate on Tuesday [12/10/2013] confirmed President Obama's nominee Patricia Ann Millett to the appeals court, a long-delayed move that brings the bench's judicial lineup to nine — with five judges appointed by Democratic presidents and four by Republicans.
Reid the Rat. Harry Reid is having a banner year. The Senate majority leader has emerged as an unlikely darling of the Left, most recently because of his decision to annihilate longstanding Senate precedent by "nuking" the filibuster on executive-branch and judicial nominations. In the near term, this move will allow President Obama to pack the lower courts with liberal justices to rubber-stamp his extensive regulatory regime; in the longer term, it potentially sets the stage for the outright demise of the filibuster and "the end of United States Senate." At least, that's how Reid himself put it in 2005, when the Republican majority almost took the drastic step that he has now embraced.
Cruz: Dems want to pack court with judges to protect O-Care. Sen. Ted Cruz (R-Texas), the Senate's leading critic of the Affordable Care Act, denounced a vote Thursday to prohibit filibusters against appellate court nominees as a scheme to save the healthcare law. "The heart of this action is directed at packing the D.C. Circuit because that is the court that will review the lawless behavior of the Obama administration implementing ObamaCare," he said.
Nuclear Option 'Greatly Eroded' Graham's Leverage to Get Benghazi Answers. Sen. Lindsey Graham (R-S.C.) said that the nuclear option not only detonated the filibuster, but most of the leverage he held to get answers from the Obama administration about Benghazi. "After today, I fully expect President Obama to stack the D.C. Circuit Court with liberal, rubber-stamp judges. This court has primary jurisdiction over lawsuits that challenge Obamacare regulations. It is no accident the rules were changed to stack this court," Graham said after the vote Thursday.
Republicans Shouldn't Let Obama Pack the Courts. The fifth and sixth years of a presidency often end up being high noon for judicial politics. This time the first confrontation concerns the powerful D.C. Circuit Court of Appeals, the venue for many important regulatory issues and a training ground for future Supreme Court justices.
Obama packing the DC Circuit? The DC appellate court may be one of the few areas of the federal bench not demanding more judges, according to a column in The Hill by David Rivkin and Andrew Grossman. Already, the panel includes eight full-time judges split evenly between Democratic and Republican appointments, and six senior part-time jurists to take up more slack. None of its openings are considered to be among the "judicial emergencies" facing the federal courts, most of which Obama has ignored.
Don't Let Democrats Pack the D.C. Circuit. It is one of the most important battles raging in Washington, a fight that will have far-reaching consequences for everything from health care and the regulatory state to gun rights and the war on terrorism. Yet most Americans have heard nothing about it. I'm talking about Democratic efforts to pack the U.S. Court of Appeals for the D.C. Circuit. America has 13 different federal appellate courts, but the D.C. Circuit stands out as the most powerful, especially on regulatory and constitutional matters. No other appellate court wields so much influence over hot-button national issues.
Packing Washington's most crucial court. The U.S. Senate will soon vote on the nominations of three individuals to the U.S. Court of Appeals for the District of Columbia Circuit. This court is widely regarded as a steppingstone to the Supreme Court. Because of its location in the nation's capital, a considerable portion of its cases involve federal agencies. This makes the D.C. Circuit a watchdog over the executive branch.
Late-Term Abortion Still the Issue in Texas. Abortion-rights activists are celebrating this afternoon [10/28/2013] in the wake of the news that a federal court has struck down a provision of a controversial Texas law. [...] Federal District Court Judge Lee Yeakel ruled the bill's provision demanding that all doctors performing abortions in Texas have admitting privileges at hospitals was an unreasonable restriction of abortion rights. But the main parts of the legislation remain in place.
Federal judge rules part of Texas' new abortion law is unconstitutional. Texas officials have appealed a decision made Monday in federal court that would block a part of the state's new abortion law requiring doctors who perform an abortion to have admitting privileges at a nearby hospital. District Judge Lee Yeakel ruled Monday [10/28/2013] that the provision in the bill violates the rights of abortion doctors to do what they think is best for their patients and would unreasonably restrict a woman's access to abortion clinics. Attorney General Greg Abbott filed an emergency appeal of Yeakel's order to the 5th Circuit Court of Appeals in New Orleans.
Fed Judge: Texas Abortion Limits Unconstitutional. A federal appeals court didn't act on an emergency motion Tuesday [10/29/2013] that would've allowed some new abortion restrictions to take effect in Texas, the latest step in a lengthy battle activists on both sides predicted would end up before the U.S. Supreme Court.
Social Security Judge Accused of Disability Scheme. A retired Social Security judge in West Virginia collaborated with a lawyer to improperly award disability benefits to hundreds of applicants, according to a report released Monday [10/7/2013] by congressional investigators.
Who needs elections when you have left-wing activist judges?
Judge Expresses Ideological Solidarity With Would-Be Mass Murder. Liberals hold that "hate crimes" are worse than crimes involving the same conduct but not the same attitude. But the application of this doctrine may depend on which group the perpetrator hates. If he hates a group that liberals desire for their political base, his crime will be viewed as particularly heinous. If he hates a group that liberals dislike, it may earn him an expression of ideological solidarity from the sentencing judge and perhaps even a break on the sentence. This, at least, is my takeaway from the words of U.S. District Chief Judge Richard W. Roberts at the sentencing hearing of Floyd Corkins.
Connecticut judge declares 'No one should have guns'. A Superior Court judge in Bristol "expressed his contempt for the right to keep and bear arms' in a closed door meeting in his chambers, the state gun rights group Connecticut Carry reported last Thursday in a media advisory. Judge Robert C. Brunetti "exposed his bigotry for fundamental civil rights in front of at least three defense attorneys," the group explained. "No one in this country should have guns," the judge reportedly stated, adding "I never return guns."
Confessed child rapist gets 30 days in jail. The county attorney had asked the judge for 20 years with 10 years suspended. The girl's mother most certainly wanted something serious done. But this looks like the judge took things in his own hands and essentially gave Rambold what amounts to a slap on the wrist.
Former Senior High teacher gets 30 days for rape of student. A Yellowstone County district judge Monday [8/26/2013] ordered a former Senior High teacher convicted of raping a 14-year-old female student who later committed suicide to spend 30 days in jail.
Mont. judge apologizes for comments in teen's rape. A Montana judge on Wednesday stood by his decision to send a former teacher to prison for 30 days for raping a 14-year-old girl who later killed herself, but said he "deserved to be chastised" for his comments about the young victim.
Montana judge reconsiders controversial 30-day rape sentence. A Montana judge under fire for his comments about a 14-year-old victim in a schoolhouse rape case has ordered a new sentencing hearing for the former teacher who received just 30 days in prison for the crime.
Judge: Clerks must issue marriage licenses to gay couples. On Monday, Judge Alan Malott ruled it unconstitutional to ban same-sex couples from getting married in Bernalillo County. Malott ruled that the Bernalillo and Santa Fe county clerks must grant marriage licenses to gay couples who apply for them.
Political Correctness Pushes Military Justice In Wrong Direction. [Scroll down] Take the case of Army Maj. Nidal Hasan, who decided, as he put it, to "switch sides" in the War on Terror by slaughtering unarmed fellow soldiers in a jihad-inspired shooting rampage at Fort Hood, Texas. After the defense rested this week in Hasan's case, Judge Col. Tara Osborn told prosecutors they won't be able to enter evidence that Hasan meant to commit jihad in his mass murder. She also disallowed his correspondence with al-Qaida leader Anwar al-Awlaki. This is key, since it forms the very core of the prosecution's assertion: That his murders were motivated by extremist Islamic ideology in the service of al-Qaida. Osborn's was a strange decision, to say the least.
Oklahoma Ban on Sharia Law Unconstitutional, US Judge Rules. An Oklahoma federal judge struck down a state constitutional amendment that forbade its courts from considering Islamic law in judicial decisions. The constitutional amendment — approved by more than 70% of Oklahoma voters in 2010 — was part of a broader national push led by a handful of organizations that claim Islamic Sharia law is creeping into courtrooms.
Judge Says Courts Must Accept Shariah Influence. An Oklahoma constitutional amendment barring the state's courts from weighing or using Shariah law was struck down in federal court. How can a law written to protect the Constitution be unconstitutional?
Tennessee judge, citing Jesus, changes baby's name from "Messiah". A Tennessee woman named her baby Messiah, but she and the boy's father couldn't agree on whose last name he should bear. So they went to court. Except at a hearing in Cocke County Chancery Court on Thursday, Child Support Magistrate Lu Ann Ballew changed Messiah's first name.
The Editor says...
Did you vote on this issue? It doesn't matter. Judges know what's best for you.
Dallas suburb cannot bar housing to illegal immigrants, court rules. A federal appeals court on Monday [7/22/2013] rejected a Dallas suburb's controversial law that would have prevented illegal immigrants from renting housing.
Federal Judge Blocks North Dakota's Six-Week Abortion Ban. A federal judge has bowed to pressure from pro-abortion forces, blocking the implementation of a new North Dakota law that would ban the murderous procedure after the sixth week of pregnancy. [...] Marjorie Dannenfelser of the pro-life Susan B. Anthony List had a few choice words for the judge's decision to ride roughshod over the will of the North Dakota electorate. "A single district judge is thwarting the pro-life legislation brought about by a surge of grassroots momentum ... and passed by the majority of the North Dakota state Legislature," said Dannenfelser, noting that Hovland had ignored scientific findings that offer clear evidence on the beginnings of human life in the womb.
Federal judge orders Ohio to recognize gay marriage performed in Maryland. Needless to say, if other courts follow this lead, we'll have coast-to-coast legal gay marriage as a matter of Full Faith and Credit with the only limitation on gay couples their ability to travel to a pro-SSM state temporarily to get hitched. The Windsor decision that the court cites here in support of its ruling held that Section 3 of DOMA, which bars the federal government from recognizing gay marriages performed in pro-SSM states, is unconstitutional.
Federal judge blocks North Dakota's abortion law from taking effect. A U.S. District Court judge issued a temporary block on Monday [7/22/2013] to North Dakota's new ban on abortions in cases where a heartbeat is detected in the fetus. The new state law could have an impact on those who are as early as six weeks pregnant. Judge Daniel Hovland in Bismarck called the law "clearly invalid and unconstitutional," The Associated Press reported. He issued a temporary injunction that prevents the law from going into effect until at least Aug. 1.
The Editor says...
Zimmerman Judge Ran Kangaroo Court. There are biased judges, and then there's Debra Nelson, who's presided over what can only be called a kangaroo court in the George Zimmerman trial. The bias of Nelson, Florida Circuit Court judge and a lifelong Democrat, in favor of the prosecution and its efforts to railroad Zimmerman as a racist murderer has been palpable throughout the case.
Why Zimmerman's Motion for Acquittal Should Have Been Granted. Immediately following the close of the State's case on Friday [7/5/2013], Mark O'Mara, the lawyer leading George Zimmerman's defense team, stood before Judge Nelson and made his oral motion for a judgment of acquittal for his client (a parallel written motion was also submitted to the Court). The motion was well-reasoned, and strongly founded on Florida's case law. It was also doomed to fail before a Judge who has consistently denied reasonable defense motions out of hand, while rubber-stamping motions by the State that bear not the slightest relevancy to the facts of this case.
Man charged with Brandishing for putting gun away. [Scroll down] I grew up in a legal family, married a judge's daughter and have known dozens of judges both good and bad over the years. I have never however, seen a judge behave as badly as the one in this case. He simply did not want to hear any of the defense.
Judge asks enviros for ideas to punish gas company. Apparently frustrated by a U.S. Supreme Court decision that struck down an $18 million penalty for a Texas natural gas firm, a federal judge is taking the unusual step of asking the environmental community for suggestions on how to sentence the company in a way that will have "the broadest possible impact."
The Wrong Standards for Tsarnaev. [Scroll down] Now the news comes that the person who actually read the Miranda warning to Tsarnaev wasn't even an FBI agent, but a U.S. magistrate judge. [...] This is an outright violation of the separation of powers. It is not for federal judges, or worse yet their assistants, to rove around looking for criminal cases in which to act as law enforcement agents. [...] But the Obama Administration apparently did not protest very hard against this violation of the separation of powers. And we can see why. When the war on terror began, the Left's immediate reaction was to domesticate it by subjecting it to the same rules that apply to domestic crime.
President Obama's Plan for A Socialist One Party State. An independent judiciary is also supposed to be a check and balance on the abuse of government power. But as his second term drags on, President Obama will have appointed more and more, and eventually a majority of, all federal judges. Moreover, these won't just be any judges but liberal judges chosen with a liberal judicial philosophy that their job is not to follow the law, but to do what they think is right, regardless of the law. What is "right" is going to be Obama's liberal/left agenda.
Legislating from the Bench on Gay Marriage. A political legislature known as the U.S. Supreme Court held a purely-legislative hearing about homosexual marriage on March 26. The hearing debated raw policy preferences and speculated about benefits for and against homosexual marriage. To anyone trained in the law, it violated almost every law and rule of the U.S. Supreme Court. Only a lawyer willing to 'tell' on his profession can reveal how disturbing was the High Court's oral argument in Hollingsworth v. Perry.
Sen. Graham Backs Radical Obama Judicial Appointment. The presidential judicial appointments — by custom — should be taken under consideration by the Senate, but not this one. For starters, [Caitlin] Halligan is a pro-abortion, anti-gun zealot, who just received the support of Sen. Lindsey Graham.
20 Reasons America Is Becoming An Increasingly Nonfunctional Society. [#3] Our legal system encourages frivolous lawsuits, is punitively expensive and because of the political inclinations of the judges, can often be almost random.
Part of NYPD's Stop-and-Frisk Ruled Unconstitutional. You can pass all the gun laws you want, but unless you empower the police to actually arrest those with illegal guns, none of those gun laws will matter. This is why Chicago is a shooting gallery ever weekend and NYC is the safest big city in the world.
Nine current and former Traffic Court judges indicted. Nine current or former Philadelphia Traffic Court judges were charged today ]1/31/2013] with conspiracy and fraud after a three-year FBI probe into ticket-fixing in the beleaguered court. A 77-count indictment, returned Tuesday but sealed until Thursday [1/31/2013], said judges or their assistants routinely shredded documents, used code words and practiced "a well-understood conspiracy of silence" that turned the court into two systems: One where the average citizen paid for infractions, while connected offenders were found not guilty or saw their cases dismissed, costing the Commonwealth an untold amount.
Judge finds NC 'Choose Life' plates unconstitutional. A federal judge has ruled it is unconstitutional for North Carolina to issue pro-life license plates unless the state offers similar plates supporting abortion rights. U.S. District Court Judge James C. Fox ruled on Friday [12/7/2012] that North Carolina cannot produce or distribute the "Choose Life" plate. Judge Fox concluded, "The State's offering of a Choose Life license plate in the absence of a pro-choice plate constitutes viewpoint discrimination in violation of the First Amendment."
The Editor says...
State judge rules Louisiana school voucher program unconstitutional. Gov. Bobby Jindal's voucher program that uses tax dollars to send students to private schools was ruled unconstitutional Friday [11/30/2012] by a state judge who said it's improperly funded through the public school financing formula.
Louisiana Citizens to Gun-Grabbing Judges: Come and Take It. While national eyes were on the presidential election on Nov. 6, citizens of Louisiana were voting on a state-constitutional amendment that made the right to keep and bear arms "a fundamental right," and put gun-grabbing judges on notice.
Judge in court to face charges hours after re-election. A Cook County judge who was re-elected Tuesday despite being suspended from the bench appeared in court a few hours later as a defendant in a battery case that her attorney said should be tossed because his client was "legally insane" at the time.Bribe wasn't big enough, so city inspector's conviction overturned, appeals court rules. Dominick Owens, 46, twice took bribes of $600 to issue certifications of occupancy for four newly constructed homes he hadn't inspected, a jury found following a trial in November. [...] But the sentence was reversed Thursday [10/11/2012] in a ruling issued by the Seventh Circuit of the U.S. Court of Appeals. Justices ruled that Owens should not have been convicted because prosecutors didn't prove the bribes he took were worth more than $5,000, as the law requires.
Pennsylvania court rules voters can cast regular ballots without ID. Pennsylvania voters who go to the polls without photo identification will be able to vote in next month's presidential election after all. They won't even have to fill out provisional ballots. So ruled a Commonwealth Court judge Tuesday [10/2/2012] in the closely-watched legal battle over Pennsylvania's controversial voter ID law.
The Sure Cure for Voter Fraud. The left already buys votes by the tens of millions using our tax dollars to elect toadies who will oppose our economic interests and moral beliefs. The left creates a vast superstructure of taxpayer-funded public schools, libraries, and colleges to brainwash young minds into becoming robots of leftism. The left does not need or want to buy or coerce individual voters; it does not even think of Americans as individuals. So why does the left still need to steal votes? The left needs voter fraud because at its core, the corrupt, vain, and dumb left is just that weak. What can we do, though, if judges step in and stop laws intended to stop voter fraud from being enforced?
Voter Fraud: Hard to Identify. Voter fraud has become a divisive political-campaign issue and given rise to proposals for new voter-identification legislation in 14 states this year. A Texas law passed last year was struck down by federal judges Thursday [8/30/2012] for failing to prove it wouldn't unfairly affect poor and minority voters. Some advocates for voter-ID laws point to findings that, in some jurisdictions, registration lists include a large proportion of names that don't belong — sometimes as high as 3%.
The Editor says...
I have just one question for the activist judge: How is it possible to prove something "unfair" won't happen to anybody?
Federal judge orders Ohio to keep its early balloting in place. A federal judge has ordered the battleground state of Ohio to open its polling places on the weekend and Monday prior to the Nov. 6 election, restoring the voting rules that were in effect in 2008, when more than 93,000 early ballots were cast. The decision is a significant victory for the Obama campaign, which hopes for another large turnout in a state that is seen as crucial to both Republicans and Democrats.
Federal judge says Ohio must count disputed votes. A federal judge ruled Monday [8/28/2012] that Ohio must count improperly cast ballots this fall if the mistake is caused by an election worker rather than the voter, a small but potentially significant issue in an important presidential battleground state. The decision could mean that thousands of votes that otherwise would have been rejected — most of them cast in urban areas where Democrats are concentrated — will have to be counted.
Liberal appeals court judge removed from hearing Tom DeLay's case. Tom DeLay has been on a legal odyssey for one-and-one-half years — a seemingly Quixotic effort to get a fair hearing before the 3rd Court of Appeals in Texas. On Friday [8/3/2012], however, the former U.S. House Republican Majority leader won a critical legal skirmish — the removal of Democratic Justice Diane Henson from hearing his appeal for financial and election-law crimes. Who is Henson? Certainly no paragon of judicial impartiality.
Obama nominates Asian-American lesbian for federal judgeship. President Obama nominated a Brooklyn prosecutor Thursday [8/2/2012] to be the first gay, Asian-American woman on the federal bench. Pamela Ki Mai Chen, a seasoned civil rights prosecutor, was recommended for the post by Sen. Chuck Schumer. Chen, who did not return a call for comment, is unlikely to go before the Senate for confirmation until after the presidential election.
Federal court rules Wisconsin schools' graduations in church were unconstitutional. A federal appeals court ruled Monday [7/23/2012] that two Wisconsin high schools violated the U.S. Constitution by holding graduations in a church — among the most recent decisions in a long-running debate about the separation of church and state. A three-judge panel from the 7th Circuit Court of Appeals ruled in September the schools did nothing wrong by hold graduation in Elmbrook Church, in the southeastern part of the state.
Federal Judge Imposes Racial Quota on FDNY, Responding to Minorities Who Failed Entrance Exams. A federal judge is ordering the New York City Fire Department to implement racial quotas to address grievances from minorities who failed entrance exams. On July 5 in Brooklyn, Nicholas G. Garaufis, a Clinton-appointed judge for the Eastern District of New York, issued a ruling that requires two of every five newly hired fireman to be black and one of every five, Hispanic — until the department has fulfilled the court-ordered quota of 186 black and 107 Hispanic hires.
Judge OKs Nudity at TSA Checkpoint. An Oregon man was cleared of indecent exposure charges Wednesday [7/18/2012] when a local judge said his protest of Transportation Security Administration screening procedures was constitutionally protected speech under state law. John Brennan, a 50-year-old technology consultant, was charged with the infraction after taking his clothes off at Portland International Airport in April, on a way to a business trip to San Jose. "I was mostly motivated by the absurdity of it all. The irony that they wanna see me naked. But I don't get to take my clothes off?" he said after being cleared.
Judge tosses out contraception lawsuit filed by Nebraska, six other states. A federal judge has dismissed a federal lawsuit in which Nebraska and six other states tried to block part of the federal health care law that requires contraception coverage. U.S. District Judge Warren Urbom of Lincoln dismissed the case Tuesday [7/17/2012], saying the plaintiffs did not have standing to bring the action challenging part of the Affordable Care Act.
Judge Scraps License for Colorado Uranium Mill. A state judge has struck down a license for a uranium mill issued by the Colorado Department of Public Health and Environment. In his much-anticipated ruling, Denver District Judge John McMullen said CDPHE did not allow adequate public comment before issuing a license to Energy Fuels, Inc. to operate the mill in rural Paradox Valley to process uranium for use in nuclear power plants.
Court Gives A Green Light To The Imperial EPA. Should one unelected agency dictate energy choices that could profoundly affect America's economy and our future? A court says yes, at least when it comes to climate change.
Outrageous: Judge Decides Law Doesn't Apply To Obama. A Circuit Court has decided that Florida election law applies to everyone but Barack Hussein Obama. In response to a suit brought by Florida resident and Democrat Party member Michael Voeltz challenging Obama's eligibility to the Florida ballot, Circuit Court Judge Terry Lewis ruled that Florida election law "...is not applicable to the nomination of a candidate for Office of President of the United States." This means that the Florida Statute which says, "the... nomination of any person to office... may be contested in the circuit court... by any elector or any taxpayer..." is null and void when it comes to Mr. Obama's nomination to the presidency.
ObamaCare and the Supreme Court. ObamaCare was passed as a vast, ugly pile of glop, and now this notional "reform" may be struck down by a 5-to-4 Supreme Court opinion. This corruption of process betrays just how dull our once-lustrous Constitution has become. Leftists have long used the Supreme Court to fast-track their agenda by having augurs "read" into the Constitution things invisible to us mortals. Now the left is discovering that he who lives by the sword may die by the sword — i.e., that we all should dread an imperial judiciary.
Impeach Pennsylvania's Sharia Judge. It isn't illegal to mock Muhammad in the United States, but it may be soon, courtesy Judge Mark Martin, who dismissed the case against [Talaag] Elbayomy.
Justice Department bars Texas voter ID law. The Justice Department has blocked a new law in Texas requiring voters to show a photo ID, saying that it disproportionately harms Hispanic residents. The action is the second time in three months that the Obama administration has blocked a state voter ID law.
Questions after Wisconsin judge stops new voter ID law. A Wisconsin judge has granted a temporary injunction to stop the state's controversial new voter identification law, but Republicans immediately questioned it after records showed the judge signed a petition to recall GOP Gov. Scott Walker.
Wisconsin GOP files complaint over 'bias' of judge who signed Walker recall petition. The Republican Party of Wisconsin has filed a formal complaint against a local judge after he temporarily blocked a GOP-backed voter ID law — after having signed a petition advocating for the recall of Republican Gov. Scott Walker. In a statement, the state party questioned the judge's "bias" and called for a probe by the state judicial commission into his "failure ... to maintain the appearance of impartiality" in the voter ID case.
Judge Orders Colo. to Spend $2 Bil. More on Education. A Colorado court order calling for massive education funding increases has roiled constitutional scholars and set the stage for a state supreme court ruling after the governor, state education commissioner, and state Board of Education have announced their appeal. Denver District Court Judge Sheila Rappaport declared Colorado's school finance system was "not rationally related" to the state constitution's "thorough and uniform" Education Clause. Her ruling in Lobato v. State requires legislators to spend on K-12 education an additional $2 billion a year above its current $9 billion.
Did anyone ask Sonia Sotomayor or Elena Kagan?
California judges asked to say if they are gay. It used to be considered bad form to out gay public figures — but now California judges are being asked to reveal their sexual identities in the name of diversity. The Judicial Applicant and Appointment Demographics Inclusion Act, which took effect Jan. 1, requires the state to ask its 1,600 judges whether they are homosexual. The goal is to "promote and increase the representation of lesbian, gay, bisexual and transgender people in the state's judicial branch," according to Equality California, which pushed for the bill.
Why bother to vote? The federal judges will decide what's best.
Federal Judge Finds 'Defense of Marriage Act' Unconstitutional. A federal judge in San Francisco says the U.S. government cannot deny health benefits to the wife of a lesbian court employee by relying on the 1996 law that bars government recognition of same-sex unions.
Gay Texas judge, Tonya Parker, won't perform marriages for straight couples. An openly gay Texas judge says she refuses to conduct marriage ceremonies for straight couples until same-sex couples can also wed. Dallas County Judge Tonya Parker explained her decision Tuesday [2/21/2012] at a monthly meeting for the Stonewall Democrats of Dallas.
The Editor says...
So if the roles are reversed, and a normal judge won't perform a same-sex wedding, nobody should have any objections.
Judge Strikes Down Law Banning Sex Offenders from Facebook. A federal judge in the Middle District of Louisiana has struck down a state law barring sex offenders from using Facebook and other social media on First Amendment grounds. Chief Judge Brian Jackson ruled Thursday [2/16/2012] that the law, which took effect in August, imposed "a sweeping ban on many commonly read news and information websites," as well as social networking sites. The definition of "chat room" in the law is so broad, for instance, the court's own website could fall under the ban, he said.
9th Circuit delusion. The U.S. Court of Appeals for the 9th Circuit just ruled that Proposition 8, California's constitutional marriage amendment defining marriage as between one man and one woman, is unconstitutional. This decision is one of the most radical to come out of a circuit known for fringe rulings. It's little wonder that this circuit is the nation's most overturned.
The Ninth Circuit Upholds A Constitutional "Right" To Gay Marriage. Everything that is wrong with our of control court system is on display today in the Ninth Circuit Court's decision in Perry v. Schwarzenegger, upholding a lower court ruling that the will of over 7 million Californians who voted for Prop. 8 doesn't matter. Morality based on ancient Christian moral precepts doesn't matter. Gay marriage is a "constitutional right" in California.
Neither liberty nor safety. Obama's FBI has obtained a court order against an American woman accused of mortgage fraud to force her to decrypt her PGP-scrambled hard drive so that the FBI can fish around without a warrant in her personal computer for incriminating evidence. The judge said the Fifth Amendment did not apply. For Obama, the Constitution (that "list of negative rights") does not apply whenever it acts to restrain his objectives.
Texas Wins One for Judicial Restraint. On January 20, the Supreme Court unanimously reversed the decision of a three-judge federal court in Texas in a case that shows the Voting Rights Act at its most unworkable. The Court's ruling highlights the importance of a state's legislative policy judgments in redistricting work and, in so doing, reinforces the importance of judicial restraint.
Court throws out judge-drawn Texas electoral maps. The Supreme Court on Friday [1/20/2012] threw out electoral maps drawn by federal judges in Texas that favored minorities.
Shariah in America's courts. A panel of federal judges has ruled that states cannot protect their courts from jurists who base their decisions on international or Koranic law. America needs better judges. On Tuesday [1/10/2012], the 10th Circuit Court of Appeals upheld a federal district court order blocking implementation of an amendment to the Oklahoma constitution that sought to ban judges from using international or Muslim law as a basis for deciding cases. The amendment was approved in November 2010 by a 70 percent popular vote but has never been enforced.
Judge orders removal of school prayer mural. A federal judge has ordered the immediate removal of a Christian prayer mural displayed in the auditorium of a Rhode Island high school, saying it violated a U.S. constitutional ban on state-sponsored prayer in public schools. U.S. District Judge Ronald Lagueux rejected the school's claims that the message in the mural — which opens with "Our Heavenly Father" and closes with "Amen" — was purely secular.
Judge: Christian Opposition to Same Sex Unions is Wrong. A New Jersey Judge has ruled that a Christian organization engaged in wrongdoing and violated the state's discrimination laws when it prevented a gay couple from holding a civil union ceremony on its property. Administrative Law Judge Solomon Metzger made the ruling Thursday [1/12/2012] in a case involving the Ocean Grove Camp Meeting Association. In 2007 the group stopped a lesbian couple from using its boardwalk pavilion.
Federal court blocks Oklahoma ban on Sharia law. An amendment that would ban Oklahoma courts from considering international or Islamic law discriminates against religions and a Muslim community leader has the right to challenge its constitutionality, a federal appeals court said Tuesday [1/10/2012]. The court in Denver upheld U.S. District Judge Vicki Miles-LaGrange's order blocking implementation of the amendment shortly after it was approved by 70 percent of Oklahoma voters in November 2010.
Jefferson County judge asked to step aside due to racial bias. A Luverne man challenging President Obama's inclusion on Alabama election ballots asked a black judge to step down from the case due to racial bias and lack of Constitutional knowledge, while lawyers for the state Democratic Party asked the judge to dismiss the case. The suit filed by Harold Sorenson Monday in Jefferson County Circuit Court is the second such case to come before Circuit Judge Helen Shores Lee.
Federal judge: Montana blogger is not journalist. A federal judge in Oregon has ruled that a Montana woman sued for defamation was not a journalist when she posted online that an Oregon lawyer acted criminally during a bankruptcy case, a decision with implications for bloggers around the country.
Crystal Cox, Oregon Blogger, Isn't a Journalist, Concludes U.S. Court. Representing herself in court, Cox had argued that her writing was a mixture of facts, commentary and opinion (like a million other blogs on the web) and moved to have the case dismissed. Dismissed it wasn't, however...
Couple forced to exchange Facebook passwords during divorce. Breaking up just got harder to do — thanks to a Connecticut judge who ordered a soon-to-be divorced couple to exchange their Facebook passwords.
Judge OKs American Flag Ban on Cinco de Mayo. Welcome to America, where wearing patriotic clothing can get you sent home from school. Seriously. Remember the case of the California boys who wore American flag apparel on Cinco de Mayo? They were sent home from school for disrespecting Hispanic children on "their day." Sounds like a violation of their First Amendment rights, doesn't it? Apparently not, according to a federal judge.
Judge: School could order removal of flag clothes. A federal judge says a Northern California high school official did not violate a group of students' right to freedom of speech when he ordered them to remove clothing with the American flag on Cinco de Mayo.
Activist judges at the highest level:
First Lady: Kagan, Sotomayor Will Protect Right to 'Love Whomever We Choose'. First Lady Michelle Obama told two audiences at Democratic fundraising events on Tuesday [10/25/2011] that the justices her husband appointed to the Supreme Court will protect the right to "love whomever we choose." She also said these justices would protect "privacy" — presumably a reference to the "right to privacy" the court invoked in the 1973 Roe v. Wade decision that legalized abortion in the United States.
Federal judge restores funds to Planned Parenthood. A federal judge Tuesday [8/30/2011] ordered Kansas to restore federal family planning funds to Planned Parenthood as the case is appealed. U.S. District Judge Thomas Marten ruled that the funding should be provided to Planned Parenthood on a quarterly basis, not the monthly allocation sought by the state. Planned Parenthood had threatened to close its Hays, Kansas, clinic this Friday unless it learned by then that its federal family planning funds would start flowing again.
Federal Fever. Most of the problems caused by politics and government in America today are caused by the federalization of government power and by the unnatural elevation of the judiciary over the elected branches of government.
Feds Put Hold on S.C. Voter ID Law. The Justice Department has put the brakes on enactment of a proposed election-law overhaul signed by South Carolina's Republican Gov. Nikki Haley, saying it wants more evidence that the changes will comply with Section 5 of the Voting Rights Act. ... South Carolina is one of nine states that must receive preclearance for any changes made to election law.
Judge stays sonogram law. A federal judge in Austin today granted a temporary injunction against key parts of Texas' new abortion-sonogram law, ruling that it violates First Amendment protections against state-ordered speech.
The Editor says...
I don't see anything about "State-ordered speech" in the First Amendment. One of us needs to read it again.
What good is the ballot box when a judge can override elected representatives?
Judge blocks Alabama immigration law. A federal district judge halted Alabama's new immigration law Monday just days before it was to take effect, making it the latest state to see a crackdown law blocked by a court.
Judge Sides With Polar Bears. The polar bear is the only species to ever be placed on the endangered species list based on global warming data models, which have been widely discredited. Government scientists have been pushing the global warming lie for years in order keep taxpayer funding coming their way while pushing an agenda that has little to do with the environment and everything to do with government control.
A Horrible Racial Preference Ruling in Michigan. On Friday [7/1/2011], a panel from the Sixth U.S. Circuit Court of Appeals struck down Michigan's ban on affirmative action. In a split decision, Judges R. Guy Cole, Jr. and Martha Craig Daughtrey had the presumption to overturn the wishes of a solid majority of Michigan voters who had approved the ban in a 2006 referendum ("Proposal 2"). The idea that two individuals could presume to annul the actions of a democratic majority is troubling. Far more troubling is the fact that, rather than interpret the law as established by the referendum, a federal court has decided once again to legislate from the bench.
Mich. Ban On Race In College Admissions Illegal. A federal appeals court on Friday struck down Michigan's ban on the consideration of race and gender in college admissions, saying it burdens minorities and violates the U.S. Constitution. The 2-1 decision upends a sweeping law that forced the University of Michigan and other public schools to change admission policies. The 6th U.S. Circuit Court of Appeals said the law, approved by voters in 2006, violates the 14th Amendment's Equal Protection Clause.
The Editor says...
The court is saying, in effect, that reverse discrimination is necessary to insure "Equal Protection." The court is also saying that elections don't matter as much as the opinions of activist judges.
Indiana Abortion Law Defunding Planned Parenthood is Blocked by U.S. Judge. An Indiana law defunding Planned Parenthood was blocked by a federal judge who said opponents of the statute showed a likelihood of success in the lawsuit. U.S. District Judge Tanya Walton Pratt in Indianapolis today [6/25/2011] granted Planned Parenthood's request for a preliminary injunction in a lawsuit filed after Republican Governor Mitch Daniels signed the law in May.
Judge tells Alamogordo man to remove abortion billboard . A state district judge Thursday [6/23/2011] ordered an Alamogordo man to immediately take down a billboard that implies his ex-girlfriend had an abortion.
Christie blasts court on schools ruling. The ink was barely dry on the 215-page New Jersey Supreme Court decision Tuesday [5/24/2011] ordering more money for schools when Gov. Christie seized the political moment in a hot Cherry Hill building where the New Jersey Army National Guard runs drills. "You don't elect the Supreme Court; you don't expect them to be making law," Christie told several hundred people gathered at his weekly traveling town hall.
Judge who struck down Prop 8 confirms he's gay. 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.
What Is 'Judicial Activism'? The term "judicial activism" once was rich in meaning. Keenan Kmiec, in a 2004 California Law Review article, describes its earliest known use: ["]Arthur Schlesinger Jr. introduced the term "judicial activism" to the public in a Fortune magazine article in January 1947.["]
April 5th Will Decide Who Governs Wisconsin: The Voters or 4 Judges. Regardless of your political persuasion, any intellectually honest individual understands that the government requiring an individual purchase something is exactly why our founders created a judicial branch. That's what they're there for. What they're not there for, however, is to use judicial fiat to overturn an election. But that is exactly what the Left in Wisconsin is counting on happening just a few days from now on April 5th.
Judge orders use of Islamic law in Tampa lawsuit over mosque leadership. The question of what law applies in any Florida courtroom usually comes down to two choices: federal or state. But Hillsborough Circuit Judge Richard Nielsen is being attacked by conservative bloggers after he ruled in a lawsuit March 3 that, to resolve one crucial issue in the case, he will consult a different source. "This case," the judge wrote, "will proceed under Ecclesiastical Islamic Law."
Chief Justice Roberts Blasts Lawmakers On Judicial Nominations. Citing the economic downturn as one of two "immediate obstacles" to improving the performance of the federal judiciary, Chief Justice of the United States John Roberts also focused part of his annual year-end report on the other problem he sees hampering the judicial branch: political intransigence in confirming federal judges.
Glorifying "Great" Liberal Judges. America was founded on the principle of representative democracy: The government would make policy based on the consent of the governed. Liberal elitists have grown increasingly impatient with this unenlightened system, and more and more, they are relying on judicial activists to remake society in their desired image. Far from being tribunes of the people, these judges are honored by the media elite for going around public opinion — and the Constitution — whenever the liberal impulse beckons.
Judge Blocks Oklahoma's Ban on Using Shariah Law in Court. An Oklahoma constitutional amendment aimed at stopping the use of Islamic law in its courts was dealt a serious blow on Monday [11/29/2010] when a federal judge temporarily blocked the state from putting it into effect. The amendment would forbid state judges from considering Islamic or international law in their decisions.
The Five Best Arguments Against Sharia in the United States. [#1] U.S. law is the "supreme law of the land," no exceptions. The specifics of what's in Sharia law are irrelevant. It doesn't matter whether Sharia is the most wonderful, mild and reasonable set of humanitarian recommendations ever devised, or if it's an oppressive medieval framework for a nightmarish theocracy — or something in between. All of that is off-topic. Why? Because in the United States of America, only U.S. law governs. Period. You can't violate a U.S. law and then offer up as a legal excuse, "Well, in Mongolia what I did is perfectly legal!" You'd be convicted, while the jury laughed.
Senate Starts Impeachment Trial. All the talk in Washington today is about President Obama's deal to extend all the Bush tax cuts, but the Senate this morning is focused on something altogether different: the impeachment trial of a federal judge, only the 12th one in Senate history.
Stopping Judicial Imperialism. While removing three state supreme-court justices at one time in Iowa is news today, the very same thing happened in California back in the 1970s. Every single death penalty imposed by a trial court in California was overturned by the state supreme court, with Chief Justice Rose Bird voting 64 times in a row that there was something wrong with the way each trial had been conducted. That was world-class chutzpah. The Ninth Circuit Court of Appeals recently ruled that Arizona does not have a right to require proof of citizenship before someone can vote. Where does it say that in the Constitution? The time is long overdue to stop treating judges like sacred cows, especially when they have so much bull.
Fighting the Progressive Takeover of State Courts. The demand for a return to constitutional limits on government power, exemplified by millions of citizens across the country joining in rallies, events, and civic groups loosely under the banner of the Tea Party movement, is not limited to the executive and legislative branches.
Decrees of Separation. A law school audience fell into fits of laughter when a Senate candidate asked, "Where in the Constitution is separation of Church and State?" In fact, the phrase is nowhere in the document. ... Those scoffing law scholars might want to look at the Constitution's unadorned text instead of the judicial activist law review articles that take up so much of their day.
Senate Judiciary Vote Thursday for Five Fringe Obama Judges. The Senate Judiciary Committee is scheduled to vote today [9/23/2010] on five of President Obama's leftwing fringe judicial nominees — candidates that have once been returned to the President as unacceptable. Each of these controversial nominees was passed out of committee but are so controversial that President Obama and Democrat leaders have avoided discussing them in public.
Remove Iowa Supreme Court Judges. For too long we left the Iowa judicial branch to its own devices. Just like the rest of government, it has grown out of control without the blessing of Iowans or the watchful eye of voters. With the judicial retention vote looming, the debate has shifted into two separate, but vitally important topics. First is the Varnum v. Brien (Same-sex marriage) opinion that highlighted the Iowa Supreme Court's willful determination to legislate from the bench. The other question is: what to do about it.
Judge Overturns Nebraska Ban on Mutilating Flags. A federal judge overturned Nebraska's ban on flag mutilation Thursday [9/2/2010], clearing the way for Kansas church protesters to continue trampling on the U.S. flag when they protest at military funerals.
The Judiciary's Culturally Sanctioned Allergy to Christianity Flourishes. Does anyone find it ironic that the very people who protest so loudly over supposed affronts to Islamic religious expression are often so hostile to the slightest Christian religious expressions — even incidental expressions? The left is going bonkers over opposition to the ground zero mosque in the name of religious freedom, but the left's assault on Christian liberties proceeds unabated. One very recent example is the ruling by a three-judge panel of the 10th U.S. Circuit Court of Appeals that memorial crosses erected and displayed along Utah public roads to honor fallen state highway troopers must be removed as unconstitutional.
More about the proposed Ground Zero mosque.
Our Dying Constitution. Federal Judge Vaughn Walker, who unilaterally redefined the millennia old definition of marriage in his California marriage decision, will not have the last word on this issue. However, it is troubling who will. Many constitutional "experts" from both sides of the marriage argument agree that this issue will inevitably be "settled" by Supreme Court Associate Justice Anthony Kennedy. Thus, one judge (one man) may get to tell over 300 million people how they are allowed to order the very basis of their society. How did it come to this?
Judge overturned Prop. 8 while claiming he wasn't changing anything. Judge Vaughn R. Walker's opinion purporting to strike down California's Proposition 8 ballot initiative banning gay marriage is a screaming advertisement against the appointment and confirmation of renegade judicial activists like Elena Kagan. The labyrinth of twisted reasoning Walker constructs in his opinion is a testament to the depth of deceit that inhabits the modern left's thought processes.
Judicial Tyranny Strikes Again: Homosexual Marriage Imposed on D.C. Voters. In a 5-4 decision, the D.C. Court of Appeals held today [7/15/2010] that "We the People" do not have the right to vote on the issue of same-sex "marriage."
9th Circuit finds a right to lie. In a major First Amendment decision Tuesday [8/17/2010], the U.S. Court of Appeals for the 9th Circuit struck down a federal law making it a crime to falsely claim a military honor or decoration. In a 2-1 ruling, the appeals court panel found that the poetically named Stolen Valor Act is unconstitutional.
Red Herring Politics. [Scroll down] One appointment by Governor Jerry Brown ought to tell us a lot about his ideology. His most famous — or infamous — appointment was making Rose Bird chief justice of the California supreme court. She over-ruled 64 consecutive death penalty verdicts and upheld none. Apparently no judge or jury could ever give a murderer a trial perfect enough to suit Rose Bird. To hear Rose Bird and her supporters tell it, she was just "upholding the law." But, fortunately, the California voters saw right through that pretense, and realized that she was doing just the opposite — imposing her own personal opposition to the death penalty in the guise of interpreting the law.
Court strikes down mall talk rules. A California appeals court struck down a mall's rules banning strangers from talking about subjects other than the mall while inside the facility. ... The mall's rules, which were previously upheld by Placer Superior Court Judge Larry Gaddis, allow for conversations between two strangers on non-mall related topics only if an application is submitted 4 days in advance and approved by officials.
Judge rules it's ok to lie about military service. A panel of the 9th U.S. Circuit Court of Appeals decided in a 2-1 decision that it's OK to lie about your military service. Their rational was that fibs about one's military service don't actually harm anyone. This ruling contradicts years of precedent where the Supreme Court has explicitly stated that false statements of fact are not entitled to First Amendment protection.
9th Circuit: Mud from logging roads is pollution. A federal appeals court has decided that mud washing off logging roads is pollution and ordered the Environmental Protection Agency to write regulations to reduce the amount that reaches salmon streams.
Federal judge strikes down California's ban on same-sex marriage. A San Francisco federal judge today [8/4/2010] struck down California's ban on same-sex marriage, concluding that it tramples on the equal rights of gay and lesbian couples and that they are entitled to be married throughout the state.
The Judge Has Spoken — Whether You Like it Or Not. While Proposition 8 opponents style themselves as champions of tolerance, they've chosen judicial fiat over the slower, surer route of persuasion. Californians want to be sure that tolerance will be a two-way street. Will the courts force people to approve of same-sex marriage in the same fashion that San Francisco Superior Court judges voted to bar judges from taking part in the Boy Scouts because the Boy Scouts barred gays? Will advocates use the schools to promote same-sex marriages with young kids? These aren't unreasonable questions.
One Leftist Judge Slaps Down Seven Million Voters in California. You people know this as well as I do. The American people are boiling. The American people are furious. My e-mails are unbelievable. This federal judge yesterday, this decision, Prop 8, California, has just put people over the edge, and all of these decisions are coming one after another from all corners of the federal government. It's as if we have absolutely no say in what is going on all around us. Decisions are being made for us, in lieu of us and imposed on us.
Was Judge In California's Gay Marriage Case Truly Impartial? You do not have to be a legal expert to conduct this experiment. You can even try it at home. Slog through Judge Walker's 136-page opinion and then ask yourself: why does this document read like the battle report of a search-and-destroy mission? One would think, for example, that there are some rational bases for saying that marriage is what our society and our law have understood it to be for a few hundred years: the union of a man and a woman. Not in Judge Walker's court.
Disoriented Judge. All federal judges must swear they "will faithfully and impartially discharge and perform all the duties incumbent upon me ... so help me God." But can a judge given the opportunity to knock down a law that declared homosexual marriages invalid be impartial when he himself is openly homosexual?
Out Of Thin Air. The imperial judiciary has struck again, with Chief U.S. District Judge Vaughn Walker striking down California's Proposition 8, passed in November 2008 with 52% of the vote, on the grounds that the voter-approved law was a violation of gay couples' civil rights. Walker's ruling follows a Massachusetts federal judge's ruling last month that the state's married gay couples, also established by judicial fiat, were being wrongly denied the financial benefits of marriage because of the federal Defense of Marriage Act.
Incremental Tyranny. I hope the people of California have learned their lesson. All this silly voting stuff is "so Twentieth Century". Voting? We don't need no stinkin' voting. All we need is the "enlightened wisdom" of the judiciary.
Jefferson was Right to Fear the Courts. In a little more than a week, federal judges — liberal activists both — have ruled to stay or strike down state laws in defiance of the will of the people. Arizona's immigration law was first. Next was a ruling by a federal judge to strike down California's Proposition 8, which voters there passed to define marriage between a man and a woman.
California's bumbler in a black robe. After reading Walker's decision, Ed Whelan, a constitutional law authority and president of the Ethics and Public Policy Center, concluded that Walker was "intoxicated by his own bias." Yet, this latest decision marks the third time Walker has been rebuked by appellate courts since he was appointed to the federal bench by President Reagan.
How to Stop the Tyrannical Judiciary. What do we call a system of government in which an unelected cadre of self-professed wise men make decisions for a nation of millions, all the while insulting those millions as ignoramuses? We used to call it tyranny. Now, apparently, we call it an "independent judiciary." At least that's the way the left sees it.
Lack of Intellectualism Is Losing the Marriage Debate. Judge Vaughn Walker's legal ruling striking down California's Proposition 8 certainly was no triumph of intellectualism. ... Among other things, he said that opposition to faux marriage was ultimately based on "moral disapproval." While this is a rhetorically compelling argument in an age where "morality" has become a dirty word, it is also nonsense.
Court Spits in Voters' Eyes ... Again. California voters have long been scoffed at by activist judges substituting their own agenda in place of the law. The ignominious Jerry Brown state Supreme Court appointee, Rose Bird, habitually overturned death penalty cases because she personally didn't approve of the death penalty. The people of the Golden State eventually threw her out of office. The California voters passed Proposition 187 in 1994 by a margin of a mere 58.93%. Prop 187 would have, in accordance with Article II, Section 8 of the Constitution, denied taxpayer funded benefits to illegal aliens. It took just three days for a federal district court judge to spit in the eyes of the voters and enjoin enforcement of a statute passed by a clear majority of the voters.
Cherry-Picked Constitutionality. A federal judge ruled that only a state gets to define what "marriage" is in that state, and the federal government can't overrule it. ... At least two things about that line of reasoning are very bothersome, regardless of your opinion of gay marriage. First, it was not quite the "state" of Massachusetts that redefined marriage in this instance; four justices on its supreme court did. The state legislature did not redefine marriage. There was no popular vote to redefine it. The governor never signed legislation to redefine it. Four justices on the state supreme court did this. And now we have a federal judge ruling that the federal government must honor that decision of state judges. At this point, we have a total of five people redefining marriage as a legal institution for the remaining 310 million of us.
Values Voters and Limited Government. I'm all in favor of judges finding unconstitutional laws unconstitutional. [But] Liberal statists and Senate Democrats fearful of the country's burgeoning awareness of our decades-long drift away from the Founders' vision know that they need judges to protect big government. The left is entirely comfortable with liberal activist judges willing to accede to or create government power, as opposed to originalist judges who recognize constitutional limits on government power.
Residents get 6 votes each in suburban NY election. [Arthur] Furano cast multiple votes on the instructions of a federal judge and the U.S. Department of Justice as part of a new election system crafted to help boost Hispanic representation.
The Editor says...
Why stop at six votes? Why not give a dozen votes to everyone who is not (for example) a white male? How about allowing ten votes per Democrat, and one vote per Republican? All in the interest of fairness, of course.
Goodbye to One Man, One Vote. If you thought that "one man, one vote" reflected the full flowering of representative democracy, think again. In the village of Port Chester, N.Y., just a few towns north of my locality in Westchester County, there is a new system. It's "one (minority) man, six votes" — brought to us courtesy of the U.S. Department of Injustice and a lunkhead of a federal judge named Stephen Robinson.
How Is Rigging Elections Fair to Immigrants? A Nebraska town wants renters to prove they are in the country legally, and Port Chester, N.Y., was forced to swallow a goofy voting scheme that makes sense only if the aim is to erase the distinction between legal and illegal immigrants. Under the plan, imposed by a federal judge in response to a 2006 Justice Department civil-rights suit, each voter in the board of trustees election got six votes. A voter could give all six votes to one candidate, or divide them among several.
Vote system that elected NY Hispanic could expand. The court-ordered election that allowed residents of one New York town to flip the lever six times for one candidate — and produced a Hispanic winner — could expand to other towns where minorities complain their voices aren't being heard.
Progressives and the Declaration of Independence. In her Supreme Court confirmation hearings, Elena Kagan said she is a political Progressive and was dismissive of the Declaration of Independence, relying solely on the Constitution for legal decisions. That's a consistent position; Progressives don't like what the Declaration declares. U.S. courts follow stare decisis, meaning "to stand by that which has been decided before." They are supposed to follow established precedents; judges aren't to make things up as they go along. There are legislators for that. That leaves Progressives like Ms. Kagan stranded.
The worst judiciary ever. The Senate Judiciary Committee on Thursday [6/17/2010] forwarded to the full Senate the appellate judicial nomination of U.S. District Judge Robert N. Chatigny, whose self-proclaimed sympathy for "sexual sadists" knows few bounds. Thus proceeds President Obama's attempt to remake the federal judiciary into a den of criminal-coddling left wingers completely alien to most Americans' sense of equal justice under law. Together, these nominees are dangerous to the American legal system.
Sen. Sessions: President Obama Wants Judges to 'Promote Agenda'. As President Obama considers his options for a Supreme Court vacancy, Senate Republicans are preparing to use the upcoming hearings to explore what they say is the expanded role of government under the Obama presidency, the top Republican on the Senate Judiciary Committee told ABC News.
Which side are you on? NY judges consider joining teachers' union. In a remarkable display of self-degradation, some New York State judges are considering joining the United Federation of Teachers, a highly politicized, big bucks political donor, in an effort to raise their pay.
The End of Our Legal System: Judges Joining Unions? Unions are meant for one thing and one thing only: to "get" for its members. They have one purpose and that is to take as much from an employer as they can take, to get as much money and benefits as they can get away with. Unions are not interested in assuring quality workmanship, they are not interested in offering quality to customers, and they most certainly aren't interested in efficiency and modernization. Unions have but one purpose, to extort as many goodies as possible from an employer regardless of what it does to a business or a profession.
Supreme Court To Face Mecca. The reason Democrats are obsessed with controlling the courts is that unelected judges issuing final edicts is the only way liberals can attain their insane policy agenda. No group of Americans outside of Nancy Pelosi's district would vote for politicians who enacted laws similar to the phony "constitutional rights" liberal justices proclaim from the Supreme Court.
Don't rush to judgeship for Liu. The hypocrisy of Senate Judiciary Chairman Patrick J. Leahy knows no bounds. The Vermont Democrat insists on expediting a hearing for the wildly leftist, fundamentally dishonest appellate court nominee Goodwin Liu before committee members have received adequate access to Mr. Liu's records. Throughout his career, Sen. Leahy has insisted on seeing — and sometimes leaking — records that properly should remain private. Yet in this case, concerning records everybody agrees should be public, the senator acts as if they are irrelevant.
The Constitutional Crisis and the Security Crisis. [Scroll down] First, there is the matter of the ongoing constitutional crisis that, as al-Qaeda's attempted Christmas Day attack amply demonstrates, is now endangering our nation. The Constitution gives the political branches plenary responsibility for the conduct of war. The conduct of war includes the detention, trial, or release of enemy combatants. The federal courts have no role except the one they have usurped. This brazen power grab flouts the bedrock constitutional separation of powers, and the political branches do not have to abide it. Indeed, as national defense is their chief responsibility, it is their duty not to abide it.
Confiscating property: The Court's decision helps explain the vicious attacks on any judicial nominees who might use framer-intent to interpret the U.S. Constitution. America's socialists want more control over our lives, property and our pocketbooks. They cannot always get their way in the legislature, and the courts represent their only chance.
Not everything is unconstitutional. It's interesting that [Judge Nina] Gershon brought up the matter of separation of powers, since it's doubtful she understands them herself. Congress has the power to appropriate tax money, not the judicial branch. Gershon may be overstepping her judicial authority by dictating to Congress whom the body can and cannot fund. And she's yanked yet another right out of thin air: the "right" to federal funding. The arrogance of some federal officials — that they have a right to taxpayers' money — continues unabated.
The article above is really about ACORN.
Race & Gender of Judges Make Enormous Differences in Rulings, Studies Find. A judge's race or gender makes for a dramatic difference in the outcome of cases they hear — at least for cases in which race and gender allegedly play a role in the conduct of the parties, according to two recent studies.
Liu Nomination Pushes 9th Circuit Farther Left. By nominating UC Berkeley Law Professor Goodwin Liu to the US Court of Appeals for the Ninth Circuit, Barack Obama is working to push the nation's most liberal — and most overturned — court even further outside the mainstream of American jurisprudence. Liu, the son of Taiwanese immigrants, will face certain opposition from many Republicans in part because of his many liberal positions but also because he took an active role in opposing Supreme Court Justices John Roberts and Samuel Alito.
A constitutional right to welfare? Another day, another radical judicial nominee. President Obama once again has nominated for a federal judgeship a lawyer whose own words demonstrate unfitness for the position. In the case of Goodwin H. Liu, nominated on Feb. 24 for the 9th U.S. Circuit Court of Appeals, the substance behind the words is even worse than the verbiage.
Federal judge rules Day of Prayer unconstitutional. A federal judge in Wisconsin ruled the National Day of Prayer unconstitutional Thursday [4/15/2010], saying the day amounts to a call for religious action.
Gender Bias Bunk. [Scroll down] Any engineering, physics, math or computer-technology program that moves too slowly toward gender parity is inviting a government investigation and loss of funding. The nation's leading programs are under pressure to adopt gender quotas and to rein in their competitive, hard-driven, meritocratic culture — a culture that has made American science the mightiest in the world.
Cut the Power of the Family Courts. Do you think judges should have the power to decide what religion your children must belong to and which churches they may be prohibited from attending? We have long suspected that family courts are the most dictatorial and biased of all U.S. courts, routinely depriving divorced fathers of due process rights and authority over their own children, but this December a Chicago judge went beyond the pale.
Justice concludes black voters need Democratic Party. Voters in this small city decided overwhelmingly last year to do away with the party affiliation of candidates in local elections, but the Obama administration recently overruled the electorate and decided that equal rights for black voters cannot be achieved without the Democratic Party. The Justice Department's ruling, which affects races for City Council and mayor, went so far as to say partisan elections are needed so that black voters can elect their "candidates of choice" — identified by the department as those who are Democrats and almost exclusively black.
Justice Department Says Blacks in N.C. Town Can't Get Elected Without Democratic Party Label. The U.S. Department of Justice is refusing to allow the town of Kinston, N.C., to hold nonpartisan local elections on the grounds that African Americans cannot win election without being listed as Democrats on the ballot.
Another judicial radical. Another day, another Obama nominee who doesn't appear to love America. Another nominee who thinks the United States is inherently racist. Another nominee who thinks that judges should let their "ethnic and racial background" have an effect on how they conduct their trials. President Obama's radicalization of American government needs to be stopped.
Jesus, no, but yes to Allah. Senate Democrats are proving once again that no judicial nominee is too extreme for them to stomach. A move seems to be afoot to open debate on the Senate floor this week on the nomination of David Hamilton of Indiana to the 7th Circuit U.S. Court of Appeals. This judge is a radical's radical.
Another Radical Judge. Yet another judicial nominee seeks to impose the "empathy" standard on the courts. He thinks judges should base rulings on a plaintiff's status, legislate from the bench and amend the Constitution. Indiana federal judge David Hamilton stands poised to be confirmed by the U.S. Senate to assume a seat on the 7th Circuit Court of Appeals serving Illinois, Indiana and Wisconsin. He's a former fundraiser for Acorn and a former leader of the Indiana chapter of the American Civil Liberties Union.
How Joe Biden Wrecked the Judicial Confirmation Process. Before Judge Bork's nomination, Mr. Biden had said he would support him. And why not? He was widely considered a dazzling legal mind and had even received (during his confirmation to the D.C. Circuit Court of Appeals) a rating of "exceptionally well-qualified" from the liberal-leaning American Bar Association. ... But by the time of the actual nomination, Democrats were promising to play "hardball" with President Ronald Reagan's nominees and Mr. Biden was running for president.
The American Bar Association exposes its liberal bias once again. I wrote here about Goodwin Liu, the leftist law professor nominated by President Obama for a spot on the United States Court of Appeals for the Ninth Circuit. Among my observations was that Liu has only practiced law in earnest for two or three years. The rest of his time since graduating from law school has been spent as a law clerk or a law professor. Moreover, Liu appears to have no trial experience. Nor, as far as I can tell, has he ever argued a case before a court of appeal. ... Yet the ABA has rated Liu "highly qualified."
A Tangled Web. The original Civil Rights Act of 1964 was very straightforward in forbidding discrimination. But, even before that Act was passed, there were already people demanding more than equality of treatment. Some wanted equality of end results, some wanted restitution for past wrongs, and some just wanted as much as they could get. Opponents of the Civil Rights Act said that it would lead to racial quotas and reverse discrimination. Advocates of the Act not only denied this, they wrote the language of the law in a way designed to explicitly prevent such things. But judges, over the years, have "interpreted" the Civil Rights Act to mean what its opponents said it would mean, rather than what its advocates put into the plain language of the legislation.
The Left's Invisible Constitution: Barack Obama recently said "I want judges who have a heart, have an empathy for the teenage mom, the minority, the gay, the disabled. We want them to show empathy. We want them to show compassion." However, a true nation of laws requires that judges do their best to interpret laws as they are written, or, at the very least, to remain as restrained as possible in deviating from the text, not to inject their own personal view of what is just or compassionate.
Judge puts restraining order on Ill. abortion law. Just hours after a state board voted Wednesday [11/4/2009] to allow the enforcement of a long-debated Illinois law requiring a teenage girl's parents be notified before she has an abortion, a judge issued a temporary restraining order putting the measure back on hold.
Christian Girls, Interrupted. Two Christian girls. Two sets of distraught parents. And two state courts smack in the middle of it. One of these courts is in New Hampshire, where a judge recently ordered that home-schooled Amanda Kurowski be sent to public school. The order signed by Family Court Justice Lucinda V. Sandler says the 10-year-old's Christian faith could use some shaking up — and that the local public school is just the place to do it.
U.S. Courts Should 'Download' International Law into Domestic Law, Obama Nominee Says. Harold Koh, nominated by President Barack Obama to be the State Department's top legal adviser, once argued that U.S. federal court judges — including the Supreme Court — are the "critical link" between international and domestic law and play a critical role in bringing international norms into force as domestic law.
Will Iowa Become a Homosexual Mecca? Shock, amazement, anger, disgust. All were feelings experienced by Iowa conservatives last Friday [4/3/2009] after the state Supreme Court issued a unanimous decision which allows same sex marriages in the Hawkeye state. The Court struck down the existing law which states, "[O]nly marriage between a male and a female is valid," proclaiming in a sixty-nine page decision that the statute was unconstitutional. ... The Court ignored both Iowa public opinion and its constitutional duty to interpret the statute rather than enacting public policy.
Iowa, A Great Place To Be From. The state in which I was born and raised has become the latest judicial laboratory for deviant social policy. In a unanimous vote last week, the Iowa Supreme Court created the "right" to same-sex marriage. As is always the case, the voters had no direct say in the matter. Their state senators and representatives had acted responsibly on the matter several years ago by defining marriage as what it is — a union of one man and one woman. But that no longer matters in America, where we now live not in a representative republic but rather under a left-wing judicial oligarchy.
Judge Shocks America's Conscience. Recently, a federal court issued a decision that may be the next Supreme Court case in the War on Terror. The court ruled that terrorists held by the U.S. military in Afghanistan are entitled to the writ of habeas corpus, extending a panoply of rights to these detainees. This ruling could have a stunning impact on this and future wars, and bears out just how wrong last year's major Supreme Court habeas case was.
Judge Rules S.C. Not Allowed to Issue License Plates With Cross. A federal judge ruled Tuesday that South Carolina can't issue license plates showing the image of a cross in front of a stained glass window along with the phrase "I Believe."
ACORN's Federal Judge: Giving the term judicial activism new meaning, President Obama has nominated an ACORN loyalist to the U.S. Court of Appeals for the Seventh Circuit, the Chicago Tribune reports. ... The Judicial Confirmation Network notes that [David F.] Hamilton previously worked as a fundraiser for ACORN, the radical direct-action group that not only resurrects the dead and gets them to the polls every election but also shakes down banks and pressures them to make home loans to people who can't afford to pay them back.
A Legal Grand Slam! The advocates for same-sex marriage simply did not understand that courts generally do respect their role and the separation of powers. Simply put, courts cannot legislate.
Seeking to Shift Attention to Judicial Nominees. "Judges are what you refer to as a 'last 30 days' issue, and it's hard to know how it might play," said Evan Tracey, the head of CMAG, a company that monitors political advertising. "Now is the time when you start hearing messages that connect with the single-issue core voters — guns, abortion, civil rights. And it's all about judges."
Judges as social engineers: There is a growing tide of resentment against judges who clearly overstep their bounds in attempts to do that which they were never legally empowered to do, that is, act as social engineers instead of interpreters of law. These "activist" judges think nothing of stripping one group of citizens of their civil liberties, in order to grant special rights to another group — just because it seems like the popular thing to do.
The War Is Over. The War on Terror has radically altered the compact between the American people and their government by dramatically changing the nature of the U.S. courts. Until this new, unaccountable monster is caged, it will continue to devour our political community's capacity to wage war and to defend itself. And that caging had better happen soon, because the word "war" in this context refers only to our nation's forcible military response after the 9/11 attacks finally made the atrocities of radical Islam impossible to ignore any longer.
Quicksand for Judges: Congress returns from August vacation this week, but for Democrats on the Senate Judiciary Committee the summer winddown kicked off closer to April. By the time they left town for recess, they had chalked up one of the slowest rates for judicial confirmations in modern times. Since the beginning of the year, the Senate has confirmed a total of four nominees to the federal circuit courts .
Judge Orders Homosexuals' Names Placed on Adopted Boy's Louisiana Birth Certificate. The State of Louisiana is expected to appeal a federal court decision last week ordering the state's Office of Vital Records to change a child's birth certificate to list two homosexual men as his parents.
Good Judges Are More Important Than Ever. All nominees must be decent human beings that meet the highest standard of competence, honesty and integrity. But they must judge neutrally, without fear or favor, and without regard to what interests may be before them and their personal feelings for the litigants or the causes they may represent. Justice and the rule of law demand no less. The Constitution and laws must be interpreted as they were written, not as judges think they should have been written.
California Supreme Court allows good Samaritans to be sued for nonmedical care. Being a good Samaritan in California just got a little riskier. The California Supreme Court ruled Thursday that a young woman who pulled a co-worker from a crashed vehicle isn't immune from civil liability because the care she rendered wasn't medical. The divided high court appeared to signal that rescue efforts are the responsibility of trained professionals. It was also thought to be the first ruling by the court that someone who intervened in an accident in good faith could be sued.
Judicial Tyranny: The New Kings of America. Featured in this ground breaking book is the insight of Mark I. Sutherland, Dr. James Dobson, Chief Justice Roy Moore, US Attorney General Ed Meese, Ambassador Alan Keyes, Dave Meyer, Phyllis Schlafly, the Honorable Howard Phillips, Alan Sears, William Federer, Ben DuPre, Rev. Rick Scarborough, David Gibbs, Mathew Staver, Don Feder and Herb Titus. This book covers everything from problem judges, to international law, to congressional solutions, to the misunderstood concept of the 'rule of law' and is written for the everyday citizen.
Examples of judges legislating from the bench:
Judge: New money design should accommodate blind. When the next generations of $5, $10, $20 and $50 bills roll off the presses, there should be some way for blind people to tell them apart, a federal judge said Thursday [9/4/2008]. U.S. District Judge James Robertson said he would not allow the Treasury Department to go at its own pace as it complies with a May ruling that U.S. paper money discriminates against the blind.
Baggy pants ban 'unconstitutional'. A Florida judge has deemed unconstitutional a law banning baggy pants that show off the wearer's underwear. A 17-year-old spent a night in jail last week after police arrested him for wearing low pants in Riviera Beach, Florida. The law banning so-called "saggy pants" was approved by city voters in March after supporters of the bill collected nearly 5,000 signatures to put the measure on the ballot.
Free the California 52,000? A panel of three federal judges is holding a trial to determine whether to free 52,000 of California's 172,000 prison inmates to alleviate overcrowding. You might be asking yourself: Who elected these guys to run California? One of the three judges, U.S. District Judge Thelton Henderson, determined in 2005 that California's prison health care system is so bad that it's unconstitutional.
It's the judges who need a legal guardian. Rule of law in this country has been replaced by rule of judges. In case after case, citizens have watched as judges assumed sovereignty and ruled, like Humpty Dumpty, that the law is "just what they choose it to mean — neither more nor less." The latest case of such legal hubris comes from Missoula, Montana, where a judge has ruled that a parent is whoever he decides is a parent, regardless of what the law says.
Without Judicial Merit. Though the Missouri Plan is supposed to keep politics out of the process, it has instead transferred power from voters to state bar associations and legal groups that control the judicial commission. The result is a system that's contentious and opaque — and has tipped the state courts steadily to the left.
Gay Marriage Returns. California's Supreme Court is not the law of the land, but its 4-3 ruling, titled "In re Marriage Cases" for six consolidated appeals, explicitly told both the state's voters and its elected legislature to get lost. Back in 2000, California voters by 61% approved a proposition asserting that the state could only recognize a "marriage" between man and woman. Now comes the court.
Too "Complex"? Part III. There was a time when courts would have stopped politicians from interfering with people's property rights by banning chain stores. However, once the notion of "a living Constitution" became fashionable, the Constitution's protection of property rights has been "interpreted" virtually out of existence by judges.
Picking Judges: President Dwight Eisenhower was no liberal activist, but his appointment of Earl Warren as chief justice of the U.S. Supreme Court dramatically shifted the nation leftward for decades on everything from criminal justice to separation of church and state to legislative reapportionment. Similarly, President Ronald Reagan was far more successful in reshaping the courts than in reducing the size of government. So it's important to know how each of the current candidates will go about picking judges when one of them becomes president.
King Harry Reid Thinks Americans Don't Care About Judicial Activism. Senator Harry Reid, the Senate Majority Leader, told his fellow Senators last week that he "can't ever remember going home" and hearing voters complain to him about Bush's blocked judicial nominations or judicial activism.
Montana Judge: Man Has Right to Assisted Suicide. A Montana judge has ruled that doctor-assisted suicides are legal in the state, a decision likely to be appealed as the state argues that the Legislature, not the court, should decide whether terminally ill patients have the right to take their own life. (sic)
The Editor says...
Why can't judges be content to enforce the law, instead of legislating from the bench and manufacturing new "rights"? By the way, "their" is plural and "life" is singular.
Judicial Activism and the Threat to the Constitution. Where judges usurp democratic legislative authority by imposing on the people their moral and political preferences under the guise of vindicating constitutional guarantees, they should be severely criticized and resolutely opposed. In this publication, distinguished constitutional scholar and Princeton professor Robert P. George explains the meaning of judicial activism — how judges exceed their constitutional powers when they seek to write laws rather than interpret them, and examines the history of judicial activism in United States courts.
The Judiciary: Tyranny's Active Agent. Without exaggeration, it can be said that most of the activist, anti-traditional measures of government have been judicially imposed. Those have been predominantly aimed at outlawing Judeo-Christian morality, notably Roe v. Wade and measures to banish spiritual religion from education and politics, while encouraging an accelerating descent into the cesspool of sensual gratification. Such measures were judicially imposed precisely because there never has been sufficient public support for them to gain passage in Congress. Federal judges have simply legislated what, in their personal opinions, the law ought to be.
Schumachers ordered to pay $97,000 in protesters' legal fees. A federal judge has ordered one of Portland's last furriers to pay nearly $97,000 in legal fees to the animal-rights protesters he has accused of destroying his family business.
Washington Court to Decide if State's Voters Understood 2001 Tax-Cut Vote. "If Judge Roberts' decision is allowed to stand," said Jonathan Bechtle, director of the Evergreen Freedom Foundation's Citizenship and Governance Center, "it will put a dangerous tool into the hands of those who wish to undermine the peoples' right of initiative, since any court or the legislature will be able to nullify an initiative simply by making a technical change to whatever law it amends."
Harry Reid: Promise Breaker. Last month, Reid finally agreed to do something about the Senate's abysmal progress in moving President Bush's US circuit court judge nominations to an up-or-down vote on the Senate floor. Given the current Democrat-dominated Senate's snail's pace on circuit court confirmations (only eight circuit court nominees have been confirmed so far in this Congress), Reid promised McConnell that at least three nominations would be brought to a vote before the Memorial Day recess began. Reid broke that promise.
Political rhetoric over federal judges heats up. The calm couldn't last. Almost three years after the Senate confirmed two Supreme Court justices and rescued the judicial filibuster as part of an innovative bipartisan agreement, tensions are again rising over judicial nominations.
Faith of some is more equal than faith of others. [The] politicization [of the judicial nomination process] has reached such extremes that Republicans threatened to "shut down the Senate" in protest against it on Thursday. Their protest is justified. The experience of the essay's author is a perfect case study of how liberal senators have mischaracterized the views and records of so many of the nominees they opposed.
Frivolous politics: Part II. Differences in judicial nominees may seem like a small difference between the two parties. But federal judges serve for life — and some are a major disservice for life. Crazy decisions are still being made by federal judges appointed by Bill Clinton, Jimmy Carter and even Lyndon Johnson. Allowing these kinds of judges to create new "rights" for captured terrorists out of thin air would be an invitation to disaster. Yet more such judges will be appointed by Democrats.
Bush Renominates Judicial Picks. President Bush renominated six previously blocked candidates for federal appeals court yesterday [11/15/2006], triggering the first real battle with ascendant Democrats since the midterm elections and signaling what could be the start of a fierce two-year struggle over the shape of the federal judiciary.
Democrats warned not to block judges. The Senate's next Republican leader issued a veiled threat to block action on legislation if Democrats refuse to allow confirmation votes on President Bush's troubled judicial nominations.
The 9th strikes out on death penalty. There should be two U.S. Supreme Courts, one to reverse the Ninth U.S. Circuit Court of Appeals, the other to hear all other cases. Last term, more of the Supreme Court's caseload — 18 of 82 cases (22 percent) — came from the liberal Ninth Circuit, based in San Francisco, than from any other circuit, and the Ninth was reversed in 15 of the 18.
A judge drags his feet to avoid enforcing the death penalty.
Federal judge in Ohio stripped of five death penalty cases. A chief federal judge took away five death penalty cases from a colleague criticized by some prosecutors for taking as many as eight years to issue appeals rulings. U.S. District Judge Walter Rice is based in Dayton and was appointed by President Carter in 1980.
Judicial temperament? A poster of Che Guevara hangs on the wall of a judge who found Ohio's death penalty law constitutionally lacking. But his idol Che was not very respectful of the niceties of justice, and loved to watch firing squads at work.
Senate Abandons Judicial Nominees. There is a lot of blame to go around with respect to the Senate's obstruction of President Bush's judicial nominees. Democrats, who are philosophically opposed to the candidates, are playing games with the judicial confirmation process in order to appease the liberal wing of their party. They even took the extraordinary step of launching judicial filibusters to prevent up-or-down votes — a tactic that is not only unprecedented, but also flagrantly unconstitutional.
Men in Black is a must-read. Mark R. Levin showcases the justices' policymaking adventures with a litany of decisions wholly divorced from the Constitution. For example, the Court has ruled that cyberspace child pornography is protected free speech, but certain broadcast advertisements run prior to an election are not. Nazis marching in a predominantly Jewish neighborhood is sanctioned by the First Amendment, but not demonstrations in front of abortion clinics. The Court has decided that non-citizens have a right to compete for civil servant jobs, be members of the bar, and receive state benefits regardless of residency requirements. And illegal immigrants have a constitutional right to public education.
The legal system is now our enemy. Though there are many fine people in the legal profession, and though law is necessary to protect society from descending into chaos, I now fear the legal profession more than I do Islamic terror.
Prosecutor Appeals After Judge Drops Rape Charges Against Liberian Over Lack of Interpreter. The prosecutor in the case of a Liberian native charged with repeatedly raping and molesting a 7-year-old girl said Monday that he is filing an appeal of a controversial judge's ruling that dismissed all charges because an interpreter who spoke the suspect's rare West African dialect could not be found.
It Depends On The Meaning Of "Rape". Tory Bowen, a 24-year-old Lincoln, Nebraska, woman, has alleged that Pamir Safi, a 33-year-old Army reservist, raped her. In a bizarre case of prior restraint, Lancaster County District Judge Jeffre Cheuvront has banned certain words and phrases from the trial on the grounds that they could be prejudicial to the defendant. Those terms include "rape," "assailant," "victim," "sexual assault," and "sexual assault kit." The judge did not indicate what words are supposed to be left for the prosecutor to put on his case.
Judge in sex assault case sued by alleged victim. In the latest legal twist in the sexual assault prosecution of a Lincoln man, the woman at the center of the case sued the trial judge this week because he barred "rape" and other words from the courtroom.
Too short for prison? Every time you think that irresponsible judges couldn't possibly do anything else to show more concern for perpetrators than their victims, a jurist possessing a "uniquely enhanced" sense of justice raises the bar. The state of Nebraska was home to the most recent example of this just last week, with the sentencing of a man convicted of child molestation.
Court: Gay marriage in Canada should be recognized in New York. An appeals court has ruled that a gay couple's marriage in Canada should be recognized in New York. The Appellate Division of state Supreme Court today reversed a judge's ruling in 2006 that Monroe Community College did not have to extend health benefits to an employee's lesbian partner.
Court: Just being in U.S. isn't illegal. While unauthorized entry into the United States is illegal, being in the country after having entered illegally is not necessarily a crime, according to a new ruling by the Kansas Court of Appeals. In a Barton County case, a three-judge panel issued an opinion Friday [8/17/2007] that a judge could not deny probation and order jail time for convicted drug dealer Nicholas L. Martinez based solely on the grounds that Martinez is an unauthorized immigrant.
Vehicle doesn't have to be occupied to be carjacked, court rules. A defendant who accosted a woman soon after she got out of her car, took her keys and then drove off is guilty of carjacking, not just robbery, the state Supreme Court ruled. Defendant Henry A. Edmondson Jr. had argued that his conviction in Nashville for carjacking was improper because the victim wasn't in the car when it was stolen.
Judge rules against film sanitizers. Sanitizing movies on DVD or VHS tape violates federal copyright laws, and several companies that scrub films must turn over their inventory to Hollywood studios, an appeals judge ruled. Editing movies to delete objectionable language, sex and violence is an "illegitimate business" that hurts Hollywood studios and directors who own the movie rights, said U.S. District Judge Richard Matsch in a decision released Thursday [7/6/2006] in Denver.
New York Panel OKs Pistol-Packing Judges. It's one way to assure order in the court. The New York state Advisory Committee on Judicial Ethics has ruled that it is permissible for judges to pack a pistol beneath their robes while on the bench.
Losing an issue: Both the Senate and White House have risen from an all-year slumber that ignored their issue of judicial confirmations until now. Last Thursday night [7/20/2006], the Senate unexpectedly confirmed four judges, on a voice vote after no debate.
A Judge Who Deserves to be Benched. Anything that puts Democrats even an inch closer to appointing federal judges should be more than enough reason to get every right-winger off the couch and down to his polling place.
Dear Senator Kennedy: Resigning to Reform. Dear Senator Kennedy: Those of us who have been calling repeatedly for fundamental reform of what has become a corrupted judicial confirmation process can only read your July 30th op-ed in the Washington Post with astonishment. Most amazingly, after decades of abuse of the process you are now calling for reform yourself.
The face of judicial disgrace: By most accounts, Judge Edward Cashman was once a reasonable, fair-minded, common-sense Vermont jurist. Today, he epitomizes the black-robed high priests who are so familiarly out of touch with the will of their constituents and the laws of the land they are sworn to uphold. You've heard of Cashman. He's the judge who sentenced a child rapist to 60 days in prison because "anger doesn't solve anything. It just corrodes your soul."
The Ninth Circuit: Out of Control Judicially and Otherwise? The Ninth Circuit is a bit of a monster — for reasons of geography, population, number of Judges and, most conservatives and the Supreme Court of the United States would say, some of its peculiar jurisprudence.
9th Circuit Judge Sets Standard for Liberal Activism. The "right to privacy," which liberals maintain is implied in the U.S. Constitution and which was used by the U.S. Supreme Court to legalize abortion in 1973, apparently mattered little to Judge Stephen Reinhardt of the Ninth U.S. Circuit Court of Appeals earlier this month when he ruled on a case involving parental rights.
Liberal judge: Federal District Judge James Robertson, who resigned from the Foreign Intelligence Surveillance (FISA) court in protest over secret wiretaps ordered by President Bush, is regarded in Washington legal circles as one of President Bill Clinton's most liberal and partisan judicial appointments.
High courts rebuke activist judges. The Court of Appeals, the highest court in the Empire State, answered all the involved parties with a 4-2 spanking of the activists and made perfectly clear that only the people of New York have the ability to redefine the institution of marriage, clarifying the division that exists between the judiciary and the legislature.
Scalia's good sense. Long known as the most quotable of the nine justices on the Supreme Court, Antonin Scalia turns out to be just as refreshing off the bench. … "Anyone who thinks the country's most prominent lawyers reflect the views of the people needs a reality check," said Scalia. Today's judges, he said, are no more qualified than "Joe Sixpack" to decide the kind of moral questions that have roiled political debate for decades.
Muslim inmate wins court fight. A federal judge has ordered prison officials to allow a Muslim inmate to be fed an appropriate diet and to wear a headpiece consistent with Islamic teachings.
Supermax inmate wins lawsuit over correspondence limits. An inmate at the nation's most secure prison has won a lawsuit challenging the Bureau of Prisons' restrictions on the types of reading materials inmates are allowed to receive by mail.
[Why is mail allowed in and out of the Supermax prison anyway?]
The Left's Tactics on Judicial Warfare: The Left has a history of distortion — of both words and a nominee's record — so you can't assume that they mean what you mean or what they say is the truth.
Better off dead. "What distinguishes the rule of law from the dictatorship of a shifting Supreme Court majority," Justice Scalia wrote this week, "is the absolutely indispensable requirement that judicial opinions be grounded in consistently applied principle. That is what prevents judges from ruling now this way, now that – thumbs up or thumbs down – as their personal preferences dictate."
Foreign law is not law. The Constitution of the United States expressly forbad retroactive laws — "ex post facto" laws, it called them — but judicial decisions creating new rights, duties, and nuances out of thin air are for all practical purposes ex post facto law. "Evolving standards" are also ex post facto law, for who can know in advance how someone else's standards are going to evolve, much less which evolving standards will get a majority of the votes in the Supreme Court?
Update: The information in this subsection has been added since the compromise agreement of May 23, 2005.
An Admission of Guilt. Conservatives have good reason to be unhappy with the agreement announced [May 23] concerning the Senate's judicial-confirmation process. The agreement does not guarantee up-or-down votes on all of President Bush's judicial nominees, nor does it restore the Senate's unswerving 214-year tradition of majority vote for all judicial nominees. In addition, the agreement attempts to rewrite Article II of the Constitution, by giving the Senate an advise-and-consent role in the nomination, as well as the appointment, of judges. … The agreement acknowledges that Owen, Brown, and Pryor should never have been filibustered in the first place.
Seven "extraordinary" idiots. The only way for Americans to get some vague semblance of what they voted for is to elect mammoth Republican majorities — and no "mavericks." (Fortunately, for the sake of civilization and the republic, that process seems to be well under way.)
"Compromise" Always Positions to the Left. While compromise can be a good thing in theory, when applied as defined by the liberal left it is always a disaster for the conservatives in the United States.
The filibuster and Roe v. Wade: It is crystal clear that Americans are unhappy and concerned with the moral state of affairs of our country. The central aspect of that concern, as it concerns our judiciary, is legal abortion, as defined by Roe v. Wade. This is what this fight over judge appointments is about.
Minority rule: What has brought the country to the brink is not this president or conservative senators. It is rogue judges who have decided in their own minds – shaped by their own social and political biases – to reshape the country in their image.
The flinch heard 'round the world: Republicans were within hours of passing a procedural rule that would have eliminated the Democrats' unprecedented use of the judicial filibuster. It would not only have freed from filibuster limbo seven Bush nominees to the circuit courts, but it would have assured future nominees, particularly to the Supreme Court, an up-or-down vote. Then the Republicans flinched.
A betrayal of historic proportions. Though even some conservatives disagree, no matter how you spin it, this compromise agreement among the 14 self-anointed Senators is a big loser for Republicans and for the country.
The McCain mutiny: After all the glowing words surrounding the Senate "compromise" in which the Republicans folded their hand despite holding all the high cards, it is worth taking a look at who won what and why. The biggest winner is Senator John McCain, who once again sold out both principles and party, to the applause of the mainstream media.
Tell McCain it's "Joanie". Setting out this past week to prove he adores America, responsibility and institutional probity, John McCain actually proved he is one sorely confused politician. … To head off an immediate Senate dustup, he furthered judicial tyranny. He helped squelch a non-outrage for the sake of a real one.
Still brutish Senate: The lavishly acclaimed new era of good feelings in the Senate lasted less than four days.
A dead deal: In less than a week, the Democrats were back to their old tricks, this time filibustering the nomination of John Bolton to be U.N. ambassador.
The case for judicial term limits. The deal that pulled the Senate back from the brink of a shootout over judicial nominations this week didn't really settle anything. Democrats retain the right to filibuster future nominees "under extraordinary circumstances" — a phrase it is left to them to define. … Odds are the deal will collapse as soon as the next vacancy opens up on the Supreme Court.
A compromised party: The Republicans will be able to get a vote on three nominees — Priscilla Owen, Janice Rogers Brown, and William Pryor — people who represent the view that judges should enforce the laws passed by elected officials. Fine. But a lot more such judges need to be put on the federal courts, including the Supreme Court, to change the current pervasive judicial activism. Is that likely now?
Arizona taxpayers paying dearly for judicial activism. One of the most outrageous examples of out-of-control judges is the case called Flores v. Arizona, now pending in federal court in Tucson. Originally filed in 1992, plaintiff lawyers claim to represent an estimated 160,000 children of illegal immigrants attending Arizona public schools. The case seeks to force Arizona taxpayers to pay for bringing these children, euphemistically called English Language Learners, up to grade level.
Clinton-Appointed Judge Evokes Calls for Impeachment. While many conservatives want Congress to hold activist judges accountable, the House Judiciary Committee hasn't investigated a referral of a potential impeachment case involving a Clinton-appointed federal judge in Connecticut who engaged in what appeared to be a personal crusade to stop the execution of a serial killer.
Congress Has Constitutional Power to Reign in Activist Judges. Article III of the Constitution is the answer to judicial activism, [because it] can help Congress take away federal judges' power to legislate from the bench.
Do words break bones? It's a pretty sad day in America when one cannot criticize the judiciary and even individual judges without being accused of advocating violence against judges. This strained connection is but another example of liberals trying to chill conservative speech.
Judicial scandal: Documentary evidence is overwhelming. The NAACP Legal Defense Fund secretly requested that confirmation of a federal appeals judge nominated by President Bush be delayed until the court ruled in favor of affirmative action. The Senate, then under Democratic control, granted the delay.
The dishonest attack on Priscilla Owen: Justice Owen's resume is impeccable: top of her law-school class (completing undergraduate and law school in just over five years); highest score statewide on the bar exam; ten years on the Texas Supreme Court; reelected in 2000 with 84 percent of the vote and the endorsement of every major Texas newspaper; and the highest rating possible — a unanimous "well qualified" — from the American Bar Association (no conservative bastion), which Democrats once hailed as "the gold standard."
Nuclear? No, Restoration. Four years ago this week, President Bush nominated Texas Supreme Court Justice Priscilla Owen to the federal bench. Four years later, she and six other circuit court nominees remain unconfirmed and unvoted upon because of Democratic filibusters.
Justice Owen's Opponents vs the Facts.
Disparaging dissent. Senate Democrats gripe that Texas Supreme Court Justice Priscilla Owen and California Supreme Court Justice Janice Rogers Brown have authored dissents. According to their detractors, the dissenting views prove them outside the mainstream and unfit for appointment as federal appellate judges. To accept the argument as a general standard for judicial selection would transform constitutional law into a petrified forest. As with the physical sciences, progress in the law begins with challenges to orthodoxy.
The Senate's Sham Debate. Senators droned on last week, supposedly debating two female nominees for the U.S. appellate bench, but it was a sham. The real issue was the future makeup of the Supreme Court, which explains the audacious Democratic strategy of blocking President Bush's choices for lower courts.
The Senate's "Dirty Harry": Even to threaten to obstruct the operation of the Senate during a war is something that boggles the mind, whether or not the threat is actually carried out. It also boggles the mind to see liberals defending filibusters, whose best known use in the past has been to block civil rights legislation. What they are really defending is the right of those who lost an election to prevent those who won from governing.
Big-time bigotry: The essence of bigotry is denying other people the same rights you have. For generations, it was racial bigotry which provoked filibusters to prevent the Senate from voting on bills to extend civil rights to blacks. But bigotry is bigotry, whether it is racial bigotry, religious bigotry or political bigotry.
Why the right judge matters: A single federal judge can change the will of a large majority of the people and their elected representatives. This is what dictators do.
Above criticism? Over the past several decades, we have gotten used to judges being above the law, so it was perhaps inevitable that we would now be asked to get used to the idea that judges are above criticism.
Invoking the "nuclear option" — there is no other option. I think Republican Party honchos may be underestimating the grassroots passion over the judiciary. The outrage against activist courts — and by no means are all of them activist — is real, growing and far from a fringe phenomenon.
The constitutional option: What's really at stake. The Senate does not have coequal authority with the president on judicial appointments as the advice-and-consent function was not intended to confer veto power on the Senate.
Disinformation on judges: This is not about two people being nominated to be federal judges. It is about the whole role of judges in a self-governing republic. The voters' votes mean less and less as time goes by, when judges take more and more decisions out of the hands of elected officials and substitute their own policy preferences, all under the guise of "interpreting" laws.
Liberals rally around judicial supremacy. The judicial supremacists are just plain wrong when they assert that the rule of law requires the U.S. Supreme Court to be accepted as the final arbiter of constitutional questions. They are actually demanding that the rule of judges replace the rule of law.
American Bar Association takes another swipe at the Bush presidency. The ABA also has a hard time understanding political balance. It apparently thinks its 10-person task force was fair because it included three "conservatives." … The ABA report on Presidential signing statements is a transparent political exercise, and the lawyers should at least have the nerve to defend it as such, rather than pretend they are some neutral body.
Judicial Houdinis: When judges use "legerdemain," "slight-of-hand" and "obfuscation" to describe a ruling by their fellow judges, it's a clue that the "dissenting opinion" isn't boring.
It's More than Judges. Senate Minority Leader Harry Reid doesn't seem to get the fact that George W. Bush won the presidential election last November. He also doesn't get that the Republicans picked up five seats in the Upper Chamber. That's called a mandate. Despite this, Reid believes he can negotiate, or even dictate, which judicial appointments can be voted on in the Senate.
Confirm Janice Brown now. When California Supreme Court Justice Janice Rogers Brown faced a retention vote in 1998, 76 percent of Californians voted to keep her on their state's highest court. In San Francisco, perhaps America's most liberal city, she won 79.4 percent.
The Democrats' full-o-bluster. The Democrats are indeed full of bluster, but the current debate over their obstruction of President George W. Bush's judicial nominees is no trivial matter. This debate is not about a "looming Constitutional crisis" — we are in the midst of perhaps the most serious Constitutional crisis since the War Between the States.
Democrats Step Up Fight Against Nominees. When Senator Bill Nelson of Florida stepped before the microphones Thursday [4/7/2005] to announce that he would use "every parliamentary procedure that is available to me" to block the nomination of Stephen L. Johnson to lead the Environmental Protection Agency, he became the latest Democrat this week to stand in the way of President Bush's nominees.
Democrats Block Several Key Nominees. In the Senate, already at the edge of war over changing the rules for filibusters, Democrats are using a courtesy known as "holds" to stymie President Bush's appointees to head the Food and Drug Administration and the Environmental Protection Agency.
Benching the judges: Term limits aren't just for the U.S. President and legislatures in 15 states. They deserve to be extended, even to the Supreme Court. Why? … Partisan rancor in the U.S. Senate is dangerously high; add the issue of selecting federal judgeships, especially to the High Court and for a life term, and you reach meltdown.
Forgetting Facts While Making Law. In our system of limited government, with its separation of powers, we depend upon our unelected lifetime-tenured judges to restrain themselves from implementing their own moral, social and political values when they are unsupported by a plain understanding of the Constitution and at odds with the choices we make through the democratic process.
Where is that in the Constitution? Activist judges seldom rely on the words of the Constitution but on opinions of other judges that can be stretched and re-interpreted to fit the causes activists choose to promote or protect. Over time, the original intent of the Constitution gets lost in the sediment from layers of judicial interpretations.
High noon for judges. It is painfully ironic that we should be promoting the spread of democracy abroad when democracy is shrinking at home. Over the years, the outcomes of our elections have meant less and less, as judges have taken more and more decisions out of the hands of elected officials.
High noon for judges: Part III. People who complain about the frivolous lawsuits that have outraged some and ruined others financially need to connect the dots to the present Senate controversy over the confirmation of federal judges.
Justice Kennedy should stand for re-election. Now that he has made himself an uber-legislator, Supreme Court Justice Anthony Kennedy should do as lesser legislators do. He should stand for re-election. What I mean is, he should resign — and see if the president nominates him again, or the Senate confirms him. The Constitution, of course, sets no term limit for justices. They can resign, however, at any time.
Byrd's nuclear option. The unprecedented Democratic plan to filibuster judicial nominations that do not meet liberal specifications has exceeded all expectations. None of 10 filibustered Bush appellate court nominees has been confirmed, and another six are all designated filibuster victims. This is intended to have a chilling effect on Bush in filling Supreme Court vacancies.
Nuclear option is not nuclear. The Constitution empowers the president to appoint judges with the advice and consent of the Senate. The advice and consent power was never intended to confer co-equal power on the Senate over judicial (and other) nominations. Rather, it was designed to provide a legislative check to reduce the risk that the president would appoint unqualified judges or those with poor character.
The Importance of Righteous Judges -- A Biblical Perspective. In the Senate of the United States of America there is a battle raging. The outcome of this conflict will determine the direction of the nation for generations to come. It will affect every area of our lives, from morality to legal questions. The struggle is over who will serve as judges in the federal courts of our land. It seems as if a person's political views are more important than their character; their social views more essential than how they view the Constitution of the United States. It appears that we are in a time of crisis in the judicial branch of our republic.
Ending Judicial Filibusters: As the Senate prepares for commencement of the 109th Congress, it faces a historic opportunity. To optimize this opportunity, the Senate needs to address the abusive use of filibusters against judicial nominees.
Bill Frist: Filibuster of Judicial Nominees is "Dangerous" and "Radical". The Senate must be allowed to confirm judges who fairly, justly and independently interpret the law. The current Minority has filibustered ten — and threatened to filibuster another six — nominees to federal appeals courts. This is unprecedented in over 200 years of Senate history. Never before has a Minority blocked a judicial nominee that has majority support for an up-or-down vote on the Senate floor. Never.
Moderate Republicans May Sink Bush Nominee. A group of 'moderate' Republican senators may sink one of President Bush's conservative judicial nominees. If they do, it will mark the first time a Bush judicial nominee has been defeated by an actual vote (rather than a filibuster) in the Senate. Usually conservative Sen. Kay Bailey Hutchison (R.-Tex.), who often votes with pro-lifers, in this case is the prime mover in a group of pro-choice Republicans who have been holding up Holmes, said Manuel Miranda — who until February 6 [2004?] worked for Frist on judicial nominations. Within the Republican conference, said Miranda, "Hutchison has been the principal problem."
A lynch mob gathers. The nomination of Justice Janice Rogers Brown of the California Supreme Court to become a federal Court of Appeals judge has brought out vicious special interest groups with their long knives — and a long record of smears and character-assassination, going back to the campaign of wholesale misrepresentations that defeated the nomination of Judge Robert Bork in 1987.
A lynch mob gathers: Part II. The lynch mob atmosphere that has prevailed during confirmation hearings for judges who believe in upholding the Constitution is already in evidence among the special interest groups who are more concerned with their own political agendas than with anything as abstract as the rule of law.
A lynch mob gathers: Part III. California voters are hardly known for being on the far right. Yet they gave Janice Rogers Brown the highest vote of approval among the four justices on the same ballot.
More Senate Judiciary Committee Chicanery: Every president is entitled and expected to appoint to the bench those who share his worldview. The nominee's party affiliation is not a legitimate reason for the other party to oppose confirmation unless, perhaps, it will lead him to judicial activism on the bench. But in such cases it's not his party affiliation but his activism that makes him objectionable.
People for the American Way: The Campaign to Control America's Vote: Texas Supreme Court Justice Priscilla Owen is the latest victim of People for the American Way's campaign against President Bush's judicial nominees. On September 5, [2002,] the Senate Judiciary Committee in a 10-9 party-line vote rejected her nomination to the Fifth Circuit of the U.S. Court of Appeals.
Minority Rules: Filibustering the Constitution. The Constitution requires only a simple majority of 51 senators to confirm a judicial nomination. Any Senate rule or procedure — filibuster included — that allows the minority of the body to prevent the majority from consenting to a judicial nomination is in conflict with the Constitution.
Gay Marriage and the Federal Judicial Confirmation Process: When judges cross the line from adjudicating into lawmaking, it makes sense that Americans will seek to exercise something like electoral control over who can be a judge. That is, when these two distinct governmental powers are not kept within their constitutionally-ordained bounds, it is inevitable that the process for creating new federal judges will become regrettably politicized, thereby threatening the independence of the federal judiciary.
Democrats continue killing Bush's judicial nominations: In a move that President Bush called "shameful," the Senate Judiciary Committee rejected the nomination of Texas Supreme Court Justice Priscilla Owen to the U.S. Court of Appeals for 5th Circuit.
The Senate Is Supposed to Advise and Consent, Not Obstruct and Delay: Over a year after President Bush nominated his first group of circuit court judges, only two have been confirmed. Most have not even received a hearing, yet the number of vacancies on the federal bench has grown to crisis proportion.
Eight More Clarence Thomases: It seems safe to predict that President Bush's first Supreme Court nominee is going to set off World War III. A lot is at stake for liberals with the court. If they lose a liberal vote, they will be forced to fight political battles through a messy little system known as "democracy."
Journey into Weirdsville: Some of the stuff flying around about the nomination of Texas Supreme Court Justice Priscilla Owen to the U.S. Court of Appeals is really beyond the pale. When the Senate Judiciary Committee votes on the nomination, probably next week, we'll see if there's any sanity left in the confirmation process.
Toward Priscilla Owen, Not Even The Pretense Of Fairness: In the days leading up to that hearing, the usual left-wing groups put out reams of paper purporting to show that confirming Justice Owen was the worst thing that could happen to the Fifth Circuit. This wasn't surprising; these groups exist to bork Republican nominees.
Liberals Paint the "Wrong Picture" of Priscilla Owen: Abortion advocates falsely claim U.S. Court of Appeals for the 5th Circuit nominee is a conservative judicial activist.
Democrats Hold Judicial Nominations for 406 Days and Counting: Senate Democrats have held up hearings for the president's 46 judicial nominees for 406 days and counting. Former Attorney General Edwin Meese called the problem a "judicial emergency" and "one of the most important causes facing the nation."
Senate Democrats Prolonging Judicial Vacancy Crisis: It is sardonically amusing to note that when Bill Clinton was appointing judges the Dems liked, they claimed there was a crisis shortage of Federal judges, and rushed to confirm. Now a Republican will be naming judges, though there are more vacancies than before, Dems see no crisis and plan to block nominees.
Pickering Battle Places Congress on Verge of "Institutional Crisis": Republicans and even some Democrats on the Senate Judiciary Committee Thursday [3/7/2002] acknowledged that extremely bitter battles surrounding the confirmation of President Bush's judicial nominees are endangering the entire nomination process.
Democrat dillydallying: Senate Democrats running the obstruction campaign against President Bush's judicial nominees must be squirming in their seats as 2002 opens. There's no doubt such an obstruction campaign exists.
Feminists Attack the Judicial Nomination Process: All this year, liberals have been signaling to anyone who will listen that no matter how qualified President Bush's judicial nominees are, if they don't appear willing to rule the way the leftists want, those nominations are doomed to fail.
Senator Leahy does not meet his own standards: Senate Judiciary Committee chairman Patrick Leahy continues to insist that with him at the helm, judicial nominations are being confirmed at fair pace and that the Democrats' record on judicial nominations does credit to the Senate. Unfortunately, neither claim is true.
Addressing the 'Judicial Vacancy Crisis': Senator Patrick Leahy, when the Democrats were in the minority in the Senate, set an agenda for confirmation of judicial appointments. Now that he heads the Senate Judiciary Committee, he is failing to live up to the standards he set.
Hijacking the Constitution: The Democrat Senate is going to any lengths to halt President Bush's judicial nominees. Take for example the nominee for the Ninth Circuit. He is a highly skilled lawyer and professor, a resident of Hawaii, which is in the Ninth Circuit. Hawaii's Senators passed legislation requiring that every state in a circuit have a judge on the bench, and it has been 17 years since a Hawaiian was. But they won't back Bush's nominee.
The O.J. Simpson Case and the War on Terrorism: Since the terrorist attacks of September 11, 2001, many conservative lawyers and pundits have repeatedly raised the specter of the Simpson verdict to argue that America's civilian criminal justice system is broken — and that people accused of terrorist offenses ought to be tried before military tribunals.
Take Technicality Out of Miranda. Because the Miranda rights are not constitutional in character, Congress is free to develop alternative approaches to the issue. Indeed, it is a little known fact that Chief Justice Earl Warren's 1966 opinion in Miranda specifically "encouraged" Congress and the states to develop alternative approaches to the Miranda regime.
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Updated June 13, 2017.
©2017 by Andrew K. Dart