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Archive for the 'Judges' Category

Sotomayor reminds us that affirmative action is terribly unfair

Tweet Justice Sotomayor came to San Francisco and inadvertently made the case that affirmative action terribly unfair — and, moreover, that people are right if they believe, not that it gives qualified minorities a chance, but that it handicaps non-minorities at the expense of any minorities, qualified or not. Let me unpack that first sentence.  [...]

Your betters in Washington are just more important than you are

Tweet There’s still time to make a stand by signing the White House petition urging that we establish “gun free zones” around the President, VP, and their families.  The thinking is that what’s sauce for the goose (we, the People) should definitely be sauce for the gander (our employees in Washington, D.C.). As of now, [...]

The Watcher’s Council forum examines the ObamaCare opinion

Tweet If you’d like to see in one place a broad range of opinions about the Supreme Court’s ObamaCare decision (or, more accurately, opinions John Roberts’ intellectual spasm), check out this week’s Watcher’s Council forum.  This is a special one, because we not only have a sampling of Council members participating (including me), but we [...]

Is there a rehearing in ObamaCare’s future?

Tweet You probably know that Glenn Reynolds pointed out that, if the administration is going to go around arguing that ObamaCare isn’t a tax, they’re conceding that it’s unconstitutional.  That’s a clever line, but Rhymes With Right explains that the administrations’ strenuous denials also open a pathway to a Supreme Court rehearing.

Judge Roberts’ decision forces Americans to stand on their own two feet — and that’s a good thing *UPDATED*

Tweet [UPDATE:  Since I wrote this post, there is now reason to believe that Roberts issue his opinion for the wrong reasons, not the right ones.  If I were to rewrite this post today, I would be less charitable to the man.  Nevertheless, putting aside Roberts' motives, I stand by the substance of my post, [...]

Second and third thoughts about the ObamaCare decision, which does have some saving grace

Tweet I was driving along in the car and, suddenly, the phrase “Roe v. Wade” popped into my head.  In 1973, the Supreme Court waded into what should have been a state-by-state legislative matter, and created the most vicious 39 year fight in America since the Civil War.  One side found the decision completely invalid, [...]

A careful analysis of the ObamaCare ruling (NOT)

Tweet I’ve now had the chance to digest myriad analyses of the Roberts decision on ObamaCare.  I think I can sum up the various conclusions that liberal and conservative pundits have reached.  Here goes: The decision is a victory for Obama and the Democrats because it keeps ObamaCare on the books.  However, it’s a victory [...]

Congress not only can tax anything that moves, it can tax anything that doesn’t move

Tweet The Supreme Court opinion on ObamaCare runs to 193 pages.  It is the size of a book, only more boring than any book anyone would ever want to read — and that is true despite the fact that Ruth Bader Ginsburg, the worst writer on the court, didn’t write it.  I’ve been making a [...]

What do you bet that, if this is true, the source is Elena Kagan?

Tweet The White House and the lapdog media have an unusually depressed, belligerent tone when it comes to the upcoming opinion on Obama Care.  They’re even more depressed than they should be given the pathetic showing their case (not their lawyer, but their case) made during oral argument.  Put another way, it’s hard to believe [...]

It isn’t the Supreme Court’s job to re-write a Congressional bill that’s had its unconstitutional heart cut out

Tweet In one of his more delightful articles, Jonah Goldberg tackles Justice Ginsburg’s disingenuous claim that the most “conservative” thing the Supreme Court can do is to pick its way through all 2,700 pages of the ObamaCare bill and save all the good bits.  After politely decimating Ginsburg’s word choice, Goldberg has this to say: [...]

Second guesses and theories about the Supreme Court decision and its aftermath

Tweet In the days and weeks preceding oral argument before the Supreme Court on ObamaCare, all Democrat (politicians and pundits) and a surprising number of conservatives were convinced that the Supreme Court would sustain ObamaCare.  After two and a half days of argument, the conventional wisdom has suddenly shifted.  Democrats are sure they’ll lose, and [...]

Drudge headlines give reason for hope — real hope, not Dope Hope

Tweet This guy turned out to be a Dope, rather than offering Hope: These Drudge headlines, though, do offer hope, real hope for a resurgent constitutionalism in America: Reminder to self: Don’t count your chickens before they hatch. Beware hubris. Don’t put the horse before the cart.

Ruth Bader Ginsburg’s disdain for the Constitution she swore to support and defend

Tweet On August 10, 1993, as one of the requirements for becoming a United States Supreme Court justice, Ruth Bader Ginsburg placed her hand on the Bible and spoke the following words: I, Ruth Bader Ginsburg, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all [...]

Even legal ethics opinion writers cannot resist the urge to be anti-Republican pundits

Tweet As a dues paying California lawyer, I periodically receive an email from the California State Bar offering random tidbits and squiblets of news some assumes California lawyers might find interesting.  The January edition intrigued me because of drive-by punditry that appeared in an ethics analysis of Judge Richard Posner’s latest decision.  I wasn’t paying [...]

“In God We Trust” banned in California classrooms

Tweet Do you have any spare change lying around?  Yes?  I thought you might. My dollar coins say “In God We Trust.” My dollar bills say “In God We Trust.” My quarters say “In God We Trust.” My dimes say “In God We Trust.” My nickels say “In God We Trust.” My pennies say “In [...]

Liu out!

Tweet I haven’t been blogging about far Left judicial activist Goodwin Liu, but if you’ve been following the story on your own, you’ll be happy to know that the Senate Republicans successfully filibustered his nomination — a reminder, as if we need one, that the filibuster is an important tool for allowing the minority in [...]

Judge not lest ye be judged

Tweet People who know me in person also know that nothing is more likely to send my blood pressure spiking than talk about judges.  (To any of my readers who are in fact judges, I’m sure you’re the exception to anything nasty I might be about to say about judges.)  I dislike judges, something that [...]

Random wonderful stuff

Tweet Just random stuff that’s so good you shouldn’t miss it: Shirley Sherrod’s been on a roller coaster.  Thanks to a video snippet that Andrew Breitbart posted, she got pilloried as the face of Leftist/NAACP racial intolerance.  When it turned out the snippet was out of context, she got sanctified as the face of true [...]

Everything you needed to know about the Dems, run through the Kagan filter

Tweet Kim Priestap, who blogs at Up North Mommy, got an impassioned email from the Democratic Party, raving about Elena Kagan.  Does it rave about her brains?  No (although it mentions as an aside that she’s “among the best legal minds this country has to offer,” which is a depressing comment about legal minds in [...]

Elena Kagan

Tweet You’ve probably noticed that I’ve had nothing to say about Kagan.  There is nothing to say.  She’s a bright, often charming, lady from the far Left who, entirely separate from her anti-Constitutional ideology, is grossly unqualified in terms of professional experience and intellectual heft to be a Supreme Court justice.  She is, in other [...]

A leftist guide to mis-defining terms when it comes to Kagan

Tweet The American Prospect has written a little guide for its readers explaining why Republican attacks will fall off Kagan like eggs off Teflon.  You and I know that they won’t matter because of the Democratic majority, and maybe the American Prospect knows that too, because its defense is lazy.  One aspect of the defense, [...]

“If judges want to legislate, then they should run for the legislature” — Christie strikes again

Tweet h/t:  Mike Devx

Tony Blankley tells Republicans in the Senate that it’s time to stop playing by the old rules

Tweet Gentleman of the old school might confirm Kagan.  Americans who believe in the Constitution and its freedoms must not: Those [traditional Senate] rules [for confirming Supreme Court Justices] might be summarized as follows: (1) The president is entitled to an appointee who generally shares his views (i.e., a liberal president is entitled to a [...]

Wednesday morning stuff *UPDATED*

Tweet A few things have crossed my radar this morning that I hope you’ll find as interesting as I did: Is Michelle Obama depressed?  One of my friends thinks she is.  That is, she thinks Michelle has moved beyond anger and arrogance and landed in sheer misery.  She sent this link along as an example [...]

Letting others take down E.J. Dionne, so we don’t have to

Tweet I read E.J. Dionne’s fatuous defense of Kagan in The New Republic, and started formulating a response to his superficial argument comparing Kagan to Roberts.  (It was so superficial it almost, but not quite, devolved into “and they’re both homo sapiens.”)  Fortunately, I was spared that effort when I read both Paul Mirengoff’s and [...]