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Archive for the 'Judicial activism' Category

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 [...]

A beautiful definition of what constitutes judicial activism

Tweet In preparation for a possible Supreme Court ruling overturning ObamaCare, the Left is already hysterically screaming about the Supreme Court’s judicial activism.  The Wall Street Journal will have none of this, and provides a simple, elegant definition of what constitutes actual judicial activism: Judicial activism is not something that happens every time the Supreme [...]

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 [...]

Elena Kagan Open Thread *UPDATED*

Tweet 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 [...]

Cross-dressing jihadists, disillusioned Leftists, and judicial madness

Tweet 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 [...]

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

Tweet 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 [...]

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

Tweet 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 [...]

Abortion, politics and Obama’s agenda

Tweet 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 [...]

Those logical disconnects

Tweet 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 [...]

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

Tweet 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, [...]

Bang, bang! *UPDATED*

Tweet 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 [...]

The madness of the judiciary

Tweet 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 [...]

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

Tweet 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 [...]

Marriage is not an individual right

Tweet 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 [...]

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

Tweet 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 [...]