Posts tagged as:

Supreme Court

Drug Sniffing Dogs and the Fourth Amendment

March 27, 2013

When Justices Scalia, Thomas, Alito, and Kennedy are join the majority in a Supreme Court opinion, you can usually be sure that the Court ruled the right way.  It isn’t that those Justices are always correct, but the first three have great respect for the Constitution and Kennedy usually at least tries to reach decisions [...]

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The Insidious Redefining of Judicial Activism

April 3, 2012

Barack Obama lashed out at the supreme court yesterday (based on what some speculate is a leak from his former Solicitor General, Elena Kagan, that the court has found some or all of the bill unconstitutional), stating that the overturning of ObamaCare would be an act of judicial activism.  Now, either Obama does not understand judicial activism, or [...]

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“Political Jurisdiction” and Birthright Citizenship

August 13, 2010

Arguments about whether or not children of illegals should be afforded citizenship rights because they were born within America’s territorial jurisdiction continue.  Does territorial jurisdiction also mean political jurisdiction?  Should that distinction matter?  I think we really do need to sort this out. Perhaps we can without messing with the Constitution.  The Supreme Court may [...]

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Elena Kagan, the 112th Supreme Court Justice

August 6, 2010

The Senate voted last evening to confirm Elena Kagan 63-37 as John Paul Stevens’ replacement on the Supreme Court.  She will be sworn in tomorrow and will preside with the others on October 1. In the end, five Republicans voted for her and one Democrat voted against her (Ben Nelson, who’s on clean up duty [...]

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Gun Rights Preserved at Local Level

June 28, 2010

Today, the Supreme Court ruled that the Second Amendment also applies to state and local guns laws.  The 5-4 decision in McDonald v. Chicago reiterated that you have the right to own a gun for use in protection of your home and/or property.  This decision was not intended to limit any bans on felons or [...]

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Axis of Right Radio, Show #6, 5/19/2010

May 19, 2010

Episode #6 of Axis of Right Radio is now available. In this episode, Mike, Ryan, and Sal discuss the British Election, the economic situation in Greece and how it foreshadows our own economic problems, the nomination of Elena Kagan to the U.S. Supreme Court, and the new Arizona Immigration law. As promised in the podcast, [...]

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Did Elena Kagan Violate the Law?

May 13, 2010

According to Sen. John McCain (R-AZ), she did.  As a recipient of federal funds, Harvard University was required to allow military recruitment and ROTC on campus.  She was also required to not apply any university non-discrimination policy to the  military organizations on campus.  When she kicked off the recruiters and ROTC, she knowingly and willingly [...]

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Elena Kagan, Supreme Court Justice?

May 10, 2010

Elena Kagan. What can I say?  At least Harriet Miers seemed like a pleasant lady, despite the thin resume!  The President’s next pick for the Supreme Court is a woman (I wonder if she’s a typical white person), Elena Kagan, who’s never written an opinion, nor has ever been a judge.  Yet, the Left is [...]

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Justice John Paul Stevens to Retire

April 9, 2010

Justice John Paul Stevens has announced that he is retiring from the Supreme Court when the current session ends this July.  Stevens was one of the court’s most liberal members, although he was appointed to the bench by Republican President Gerald Ford.  Stevens’ retirement will give a second Supreme Court pick to President Barack Obama.  [...]

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Justice Thomas Explains Citizens United Case in Simple Terms

February 4, 2010

Justice Clarence Thomas explained the Citizens United v. FEC case in the simplest terms that I have heard yet: If 10 of you got together and decided to speak, just as a group, you’d say you have First Amendment rights to speak and the First Amendment right of association. If you all then formed a [...]

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Democrats in Congress Want to Override Supreme Court

February 2, 2010

So I guess that according to liberals, Supreme Court decisions are sacrosanct only when they legislate liberal policies from the bench.  Yet when the court rules in favor of the Constitution as they ruled in Citizens United v. Federal Election Commission by holding that collections of people (unions, corporations) had the same free speech rights [...]

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A Right to Life

January 22, 2010

Today marks the 37th anniversary of one of the worst legal decisions to come down from the Supreme Court in the history of this nation – Roe v. Wade.  So much has been said about the issue of abortion, and regular readers of this blog know where myself, Mike, and Ryan stand on the issue.  [...]

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Don’t Breathe, It’s Now Harmful to Public Health

December 7, 2009

Well, I suppose one can breathe IN, just not OUT! CO2 is a danger to public health;  so says the Environmental Protection Agency today in a Pearl Harbor-like surprise that’s slated to doom our long-term economic future. In 2007, the Supreme Court allowed the regulation greenhouse gases, including CO2, by the EPA.  Seeing Cap-and-Trade about [...]

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The Unconstitutionality of ObamaCare

September 29, 2009

According to a recent New York Slimes Piece, several states across the nation are passing laws and resolutions outlawing the proposed government mandate requiring all citizens to have health insurance.  The Slimes piece, of course, takes a swipe at the efforts as mostly symbolic and posing little chance of success, but in reality, these laws [...]

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Sotomayor is Confirmed

August 7, 2009

With a 68-31 vote (Teddy “Fins” Kennedy was too ill to vote) the US Senate voted to confirm Sonia Sotomayor the 111th Supreme Court Justice.  Nine RINOs, Lindsey Graham among them, added their votes to 59 Dems.   She’s also the third woman and (I’m not sure if anyone knows about this) she’s the first Latina on the court!  I [...]

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Support for Sotomayor Slipping

July 9, 2009

Support for Sonia Sotomayor has slipped since the Supreme Court overturned her in the New Haven firefighters case, according to a recent Rasmussen poll.  Speaking of which, GOP Senators are apparently capitalizing on that case, calling two of the affected firefighters to testify before the Judiciary Committee confirmation hearings.  Americans by and large are against [...]

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Ruth Bader Ginsburg And Abortion as Eugenics

July 9, 2009

Ruth Bader Ginsburg gave an interview with the New York Times, which will be published in this Sunday’s New York Times magazine.  A portion of the interview is already available online.  In the interview, Ginsburg makes a rather incredible claim about the purpose, in her mind, of the landmark Roe V. Wade decision. JUSTICE GINSBURG: [...]

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Sonia Sotomayor Overruled (again) by SCOTUS

June 29, 2009

Sonia Sotomayor was overruled today by the Supreme Court, yet again.  In a 5-4 decision, the court held that the City of New Haven was not allowed to throw out the results of a test that was used to qualify firefighters for promotion.  The city threw out the test results because they felt that they [...]

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Supreme Court Issues Stay Against Chrysler Bankruptcy

June 9, 2009

The Supreme Court issued a stay on the Chrysler bankruptcy ruling yesterday afternoon, shortly before a court of appeals imposed deadline would have made the deal final.  The Chrysler bankruptcy, engineered by the Obama administration, would have engineered a sale of Chrysler to Italian automaker Fiat, and paid off the unions at the expense of [...]

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Court Refuses Challenge to “Don’t Ask Don’t Tell”

June 8, 2009

In 2007, an Army Captain was dismissed from the US military for violating the Army’s “Don’t Ask Don’t Tell” policy regarding gays in the military.  That captain, James Pietrangelo II, and 11 other members of the service brought a lawsuit because they don’t believe the decades-old policy is constitutionally sound.  Subsequently, their cases were thrown out by the federal [...]

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Obama Nominates Sotomayor for the Supreme Court

May 26, 2009

Earlier today, Barack Obama nominated Second Circuit Court of Appeals Judge Sonia Sotomayor to replace David Souter on the Supreme Court.  The media’s coverage of today’s nomination is strangely fixated on the fact that Sotomayor is a Hispanic woman, as if skin pigmentation and the absence of a penis are somehow qualifications for the highest [...]

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Suing a Chief Justice

January 13, 2009

Well-known atheist activist Michael Newdow is suing Chief Justice John Roberts over the phrase “so help me God”, to be used at Barack Obama’s Presidential Inauguration.  The Chief Justice was served with the suit at his primary residence, and reacted gracefully.  One has to wonder about the legal implications of suing a sitting justice of [...]

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Ignoring the Rule of Law

January 5, 2009

A disturbing trend has emerged over the last few years where intelligent people confuse what law ought to be and what law actually is.  This confusion is usually found in courts that do not understand or choose to ignore their constitutional roles, but not always. The ongoing saga of Roland Burris is an excellent example [...]

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Where Does Obama Stand on Gun Rights?

June 29, 2008

We’ve all seen the video from February where Obama agreed wholeheartedly with the 32-year-old DC gun ban, then when the Supreme Court interpreted the 2nd Amendment to mean what it says last week, he was for that too even though it overturned the 32-year-old DC gun ban. This incident recently reminded me of something my [...]

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SCOTUS: Child Rapists are Protected from the Death Penalty

June 25, 2008

The Supreme Court is getting out of control and the libs on the Court are certainly not making many friends lately.  What’s next I wonder? In the wake of pronouncing that al Qaeda has more rights than Nazis did, and with 42 states having passed anti-Kelo laws, the Supreme Court voted 5-4 that the death penalty is off-limits [...]

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Gitmo Detainees Get Their Day in Court

June 12, 2008

And the Constitution gets its day on the toilet paper roll!  The Supreme Court was about as off-base and dangerous today as as they were in Dred Scott.  POWs held at Gitmo will, for the first time in our history, be allowed to have access to civilian US courts during wartime. These are five Supreme Court Justices [...]

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Supreme Court Smacks Bush, Mexicans, World Court

March 25, 2008

The Supreme Court voted 6-3 today to strike down President Bush’s adherence to a 1963 International Treaty where aliens caught committing a crime must be aware that they are entitled to legal counsel/advice when tried in American courts.  In today’s case, Medellin v. Texas (2008), the defendant argued that he was not made aware of this detail after his arrest (even though he [...]

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First step in dismantling of Roe v. Wade

November 7, 2005

Tomorrow may mark the first step to the dismantling of the horribly-reasoned and dubious piece of Constitutional Scholarship known as Roe v. Wade. California has a ballot initiative for Parental Notification rights, which is expected to pass. It is expected that various liberal groups such as Planned Parenthood, NARAL, and others will file suite as [...]

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This one’s out of left field

November 5, 2005

According to the Providence Journal, Senator Chafee has warned of “enormous” consequences from any Democratic effort to kill the Alito appointment by stalling. Where did THAT Come from?

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The Myth of “Balance” on the Court

November 1, 2005

Why is there such clamor for maintaining “Balance” on the court? Specter maintains that the O’Conner seat is a “swing vote” on the court. I don’t seem to remember Clinton preserving the balance of the court by replacing Byron White (a judicial conservative) with Ruth Bader Ginsburg (ACLU lib). The truth is no nominee in [...]

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