Archive for the 'Judicial activism' Category

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

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 attention, [...]

“In God We Trust” banned in California classrooms

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 God [...]

Liu out!

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 Congress [...]

Judge not lest ye be judged

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 is [...]

Random wonderful stuff

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 racial [...]

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

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 America).  [...]

Elena Kagan

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 words, [...]

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

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, however, [...]

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

h/t:  Mike Devx

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

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 liberal [...]

Elena Kagan Open Thread *UPDATED*

To no one’s surprise, Obama nominated Elena Kagan to fill the opening on the Supreme Court.  Many have pointed to the fact that she’s never served as a judge before as one of the main reasons Obama did so — she has no paper trail.  Since I have a generally low estimation of judges at [...]

Cross-dressing jihadists, disillusioned Leftists, and judicial madness

Sadie sent me a great trio of stories today, and I want to pass them on to you: The UN wants to make sure that the Western nation’s efforts to protect themselves against cross-dressing jihadists (you know, those guys who don burqas to hide bombs) don’t offend transgendered individuals (who may or may not be [...]

Roe v Wade a warning about Supreme Court involvement in gay marriage

Whether you are for or against gay marriage, Robert George issues a sound warning about the dangers that flow from letting the Supreme Court get its hands on the issue: It would be disastrous for the justices to do so [rule against California's Prop. 8 and, by extension, make gay marriage the law of the [...]

Do we dare vote against the first Hispanic justice? *UPDATE*

I keep seeing headlines all over the place to the effect that Republican Senators will be afraid to vote against the first proposed Hispanic justice.  This may certainly be true for Senators, who are a weaselly, unprincipled bunch, I suspect, though, that for many voters Obama himself is causing the bloom to depart the identity [...]

Abortion, politics and Obama’s agenda

Okay, I admit it.  I’m easy.  Call me “winsome” and write a thoughtful, well-informed, interesting article about the continuing resonance abortion has on the political process — even if it did not serve as the centerpiece of this last political campaign — and of course I’m going to link to the article.  In this case, [...]

Those logical disconnects

I’m sorry blogging has been so light today, but it’s been a go-go-go kind of day that’s left little time for anything but, well, going.  I did have a thought today, which I’ll share with you. Most lawyers I know have little that’s complimentary to say about the average trial court judge, a feeling that [...]

Do I see a “to hell with democracy” moment in California’s future? *UPDATED*

A few months ago, the California Supreme Court overruled the will of the California voters and announced that gay marriage was a fundamental right.  The voters responded by changing the California Constitution to state that, in California, marriage is between one man and one woman.  As you know, if it were up to me, I’d [...]

Bang, bang! *UPDATED*

Just in time for July 4th, the Supreme Court confirmed that the Second Amendment says what it means and means what it says. I personally am not now, nor have I ever been, a gun owner.  I keep meaning to go the local firing range and take lessons (operating on the principle that, since I’m [...]

The madness of the judiciary

The alternative title for this post would have been:  You’re in prison, not a hotel.  From Best of the Web Today: He Wouldn’t Hurt a Fly Henry Boateng is an inmate in a Massachusetts State prison. He went to court arguing that his rights were being violated. Yesterday, a federal judge agreed: Boateng, who has [...]

Why you shouldn’t cut off your nose to spite your face

I’ve been finding very disturbing the intense hostility that conservatives direct against John McCain. So much so that I wrote a very long rant on the subject, which American Thinker was kind enough to publish and which I reprint below: Perhaps because I’m a neocon, and not a dyed-in-the-wool, native-born conservative, I look at John [...]

Marriage is not an individual right

Marriage is not, and never has been, a personal right.  In Western society, it operates at two levels.  First, it functions at a religious level.  This is a deeply personal level, because in every religion, marriage is, or is equivalent to, a sacrament.  In America, you have the Constitutional right to be married in the [...]

A weird little potential backlash from the Calif. Sup. Ct. ruling

Dennis Prager has a good column discussing what will be, in his view, the ramifications of the California Supreme Court decision creating a new right out of thin air.  One of the points he makes is that, in the future, to avoid charges of discrimination, homosexual relationships will have to be promoted equally with heterosexual [...]

Links to good discussions of the Calif Supreme Court decision

Cliff Thier talks about the far-reaching implications of the Court’s (and the government’s) “fundamental rights” language. The WSJ’s editors take on the election ramifications of the decision — a bit of unexpected, and undeserved, good luck for Republicans in a terribly managed campaign season. As was to be expected, National Review quickly put together a [...]

Obama and the judges

Edward Whelan, after pointing out that a President Obama would have the potential to appoint up to six new Supreme Court justices, looks at Obama’s rhetoric about the Constitution and the law, and uses that information to explain clearly what type of justices Obama would appoint: [I]n setting forth the sort of judges he would [...]

This is weird — the 9th Circuit issued a correct ruling

The Ninth Circuit, which is the laughing stock of the federal judiciary because it is overruled so often, did something bizarre yesterday: it issued a Constitutionally correct decision. Not only that, the decision meant that a citizens’ group will be able to engage in free speech that is contrary to the type of speech the [...]