Tag: Courts

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I used to think that the best job in the world, a job from which you would rarely get fired, was being the weatherman. Let’s face it, half the time weather people can’t predict sunrise with accuracy. But, in spite of telling you that you won’t need your umbrella today, and you getting drenched in […]

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With nearly seven in 10 American adults worried about cultural and political threats to free speech, good news may be closer than you think. In fact, a recent court decision provides hope that free speech protections are trending upward, charting the course for future victories for all Americans. Free speech was at the very center […]

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Contributor Post Created with Sketch. Slate Peddles Conspiracy Theory to Explain Conservative Courts

 

Mark Joseph Stern is a silly person. He’s also a lawyer and writer, employed by Slate to cover the courts with that straight-down-the-middle reportage we’ve come to expect from his colleague Dahlia Lithwick.

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https://www.nytimes.com/2019/06/04/climate/climate-lawsuit-juliana.html This is just one of many articles and the case isn’t new, but it represents more than “kids suing government to protect their future health losses from climate change.”  Read More View Post

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Jim Geraghty of National Review and Greg Corombos of Radio America welcome a federal judge’s decision to strike down Obamacare now that Congress has repealed the individual mandate. They also cringe as President Trump’s digs his legal holes deeper and deeper with more impulsive, ranting tweets. And they react to Massachusetts Sen. Elizabeth Warren admitting she’s not a person of color just weeks after trying to score political points with her DNA test.

Jim Geraghty of National Review and Greg Corombos of Radio America prepare for Thanksgiving by each discussing three things for which they’re politically thankful. They discuss the positive aspects of the midterm elections, the big confirmation fight, and important news this year from the courts and the Congress. Happy Thanksgiving and join us again on Friday for another special edition of the Three Martini Lunch.

Jim Geraghty of National Review and Greg Corombos of Radio America react to reports that former FBI Director James Comey is described as “insubordinate” in the forthcoming inspector general’s report and former deputy director Andrew McCabe is asking for immunity before testifying to Congress about the Hillary Clinton email investigation. They also push back against the outrage surrounding the arrest of an illegal immigrant delivering pizzas to a military base, pointing out the man told a judge he would leave the country eight years ago and never did. And they’re puzzled by Sen. Bernie Sanders refusing to endorse his own son’s congressional bid when he’s been very active backing other candidates around the country.

Contributor Post Created with Sketch. The Limits of Textualism

 

In his recent column for Defining Ideas, Clint Bolick, a member of the Arizona State Supreme Court, addresses the central question of modern constitutional jurisprudence: What is the proper way to interpret the Constitution? Bolick, who is also my colleague at the Hoover Institution, casts his lot with the late Justice Antonin Scalia and his many followers who endorse textualism as the one proper method. The argument goes as follows: Textualism—the effort to find the accurate meaning of every word of the relevant provision—helps prevent activist judges from undermining the rule of law by creating new rights under the guise of a “living constitution” on such key issues as abortion, the death penalty, and gay rights, even when there is no basis for such rights in the Constitution or the laws as written.

Bolick’s strict textualist approach is a needed antidote to unduly adventurous constitutional interpretations. But however necessary the careful reading of text is to constitutional deliberation, it is not the full story. Sometimes, the courts must overturn erroneous precedents—and other times, they must, by “necessary implication,” read terms into the Constitution for its prohibitions to make sense. In such cases, the text alone is not a large enough tool-kit to do the job.

Jim Geraghty of National Review and Greg Corombos of Radio America focus squarely on the media in this episode of the Three Martini Lunch awards. They begin by discussing two massive stories that media either ignore or are severely downplaying – one overseas and one here in the U.S. Then they switch gears to reveal which stories received far too much coverage in 2017. Finally, they choose what they see as the best stories of the past year.

Jim Geraghty of National Review and Greg Corombos of Radio America applaud President Trump’s nomination of Don Willett and James Ho for spots on the Fifth U.S. Circuit Court of Appeals. They also are cautiously optimistic that this NFL weekend might actually focus on football as three teams announce they will be standing for the national anthem. And they throw up their hands as a anti-Trump elementary school librarian publicly rejects the donation of Dr. Seuss books from First Lady Melania Trump, while also slamming Education Secretary Betsy DeVos and falsely accusing Dr. Seuss of racism.

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I wanted to post this great Bloomberg article, not so you have to sit through their whining about Garland or their complaining about how Trump is going to move the courts, but because once you get past that, the charts they are listing are real eye-openers. Trump Begins the Rightward Shift of America’s Courts Read […]

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The Massachusetts Supreme Judicial Court is moving the Black Lives Matter agenda to the bench. Here’s part of their ruling: “[A black male], when approached by the police, might just as easily be motivated by the desire to avoid the recurring indignity of being racially profiled as by the desire to hide criminal activity.” Read More […]

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Read the amendment. Laws cannot pass through congress that will infringe on the freedom of the press. If laws like this are passed then the president should not enforce them and the courts should strike them down. Read More View Post

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Contributor Post Created with Sketch. Hispanic Judges and Who Said It First

 

Sotomayor Latina MagazineJustice Sonia Sotomayor’s comment that a “wise Latina woman” will make a better decision than a white male judge is well known and, inexplicably to me, didn’t get her branded a racist and disqualified from the bench.

However, now that Donald Trump is taking mega-heat from all sides for saying the judge in his case, who is of Mexican descent, might not be fair to him, another of Sotomayor’s comments, even more on point, needs to be looked at:

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As you’re already aware, the Federal government is suing Apple Inc to force Apple to provide software for breaking the encryption of an Apple phone owned by San Bernardino County and used by a county employee in the pursuit of his terror and his wife’s attack on county offices. Apple’s CEO has demurred and is […]

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Promoted from the Ricochet Member Feed by Editors Created with Sketch. The Barter System of Justice

 

shutterstock_167988596In a perfect world criminals would be punished appropriately and expediently, and the innocent would find vindication in our courts of law. We do not live in a perfect world. We have the highest rate of imprisonment in the world, our crime rates are low and lowering, but our system can hardly be described as just.

Justice Alex Kozinski of the US Court of Appeals Ninth Circuit wrote an article in the Georgetown Law Journal last summer that is bringing the injustice of our system to light. As George Will put it:

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The third in a series on what I take to be the best or second best political strategy on the market in terms of the strategy’s return on investment, and on what should be the contents of the bill or bills this strategy would require, and on what we can do to get started. I […]

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Promoted from the Ricochet Member Feed by Editors Created with Sketch. Unlearning Constitutional Law

 
Unlearn
Take it from Yoda.

In a recent post on Marbury v. Madison, I mentioned Michael Stokes Paulsen, co-author of The Constitution: An Introduction and a clear thinker extraordinaire. I’ve been doing a little more reading from him, along with a bit from Ricochet’s own John Yoo. (It’s wonderful what you can download in PDF these days to read on your phone.)

Paulsen has a significant analysis of the role of stare decisis, the fancy Latin name for the principle that a court should follow precedent. More simply, it’s the idea that what courts have said in the past should determine what a judge says today.

Contributor Post Created with Sketch. Obama’s Lawless Amnesty Foiled Again

 

5th-cirThe Fifth Circuit Court of Appeals has rejected the Obama administration’s request that it be allowed to go forward with its scheme to amnesty several million illegal aliens without Congress’s permission.

Twenty-six states, led by Texas, sued to stop the president’s plans, which he announced in November, to issue work permits, Social Security numbers, driver’s licenses, and more to illegal immigrants who have U.S.-citizen or permanent-resident children.

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Americans seem to live with the illusion that love is a good thing. This is because democrats do not read books. In English, the great writer is Shakespeare, than whom no greater can be imagined. One cannot read the love stories in Shakespeare without coming to three basic insights: First, love leads to civil war […]

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