The Supreme Court’s Duty

A caller asks Dennis Prager a question… I only include the response by Prager as the caller drug-on-and-on Good short way to see the issue[s] at hand.

  • “One of the most curious things about Roe is that, behind its own verbal smokescreen, the substantive judgment on which it rests is nowhere to be found.” — Laurence H. Tribe, Harvard law professor (SEE MORE: “Roe v. Wade Is Bad Law ~ Per Liberal Scholars“)

Glenn Beck and Ben Shapiro Discuss Brett Kavanaugh (SCOTUS)

Ben Shapiro was on the Glenn Beck Show discussing the possibilities of Brett Kavanaugh sliding Left or Right. Ben seems to think he will be closer to Alito rather than be another Roberts. Which is good. The best woman was not chosen, but Trump may have another go at it this term! At any rate, now that reality has set-in, you get to hear the real Ben Shapiro.

Professor John Eastman Discusses the SCOTUS Cases and More

Larry Elder interviews Professor John Eastman in regards to the recent Supreme Court decisions and the nomination process for Justice Kennedy’s replacement. Discussion about the Courts purpose and how States should have more say, and audio of Kennedy attacking Bork is added (the start of this whole politicization of the nomination process BTW). Enjoy.

We Are Sick Of It! Ergo, Trump

Larry Elder explains how we got Trump. The Left is confused… but its decades of abuse by them… but they are doubling down. And that is why Trump will rock in 2020. Here are some background to this “abuse”

The #BlueWave Turns To Drowning (Rush Limbaugh)

Rush Limbaugh discusses how the Dems thought they were sitting pretty just a couple months ago, and then… their world came crashing down. While he lightly passes over the possible future actions of the Dems (riots), Democrat leaders and Leftist orgs are actually calling for violence. (I added a scene from Matrix on my VIMEO version)

A comment at my LIVELEAK noted this:

It has been a crushing week for the poor demokkkrats. If you see one, be humane and offer water to them, they are probably dehydrated from tear loss.

  1. Their hopeful for the replacement of Pelosi got beat by a 28 yr old Socialist
  2. Supreme Court rules in favor of Trump travel restrictions
  3. Supremes rule unions cannot force workers to pay union dues
  4. Justice Kennedy announces retirement
  5. CNN viewership takes another nose dive

Larry Elder discusses Chief Justice Roberts excoriation of non-sequiturs… here is LAW & CRIME’S partial comment:

Chief Justice Roberts took no small measure of offense. The majority decision notes:

  • Finally, the dissent invokes Korematsu v. United States, 323 U. S. 214 (1944). Whatever rhetorical advantage the dissent may see in doing so, Korematsu has nothing to do with this case. The forcible relocation of U. S. citizens to concentration camps, solely and explicitly on the basis of race, is objectively unlawful and outside the scope of Presidential authority. But it is wholly inapt to liken that morally repugnant order to a facially neutral policy denying certain foreign nationals the privilege of admission.

The chief justice wasn’t quite finished and almost took the opportunity to overrule the Korematsu decision–but stopped just short of doing so. He wrote, “The dissent’s reference to Korematsu, however, affords this Court the opportunity to make express what is already obvious: Korematsu was gravely wrong the day it was decided, has been overruled in the court of history, and—to be clear—’has no place in law under the Constitution.’

SCOTUS Hears Oral Arguments Regarding Masterpieces Cakeshop

Michael Medved discusses and takes some calls regarding SCOTUS hearing oral arguments today about Masterpieces Cakeshop’s case (Podcast: SCOTUS Hears Oral Arguments For Masterpiece Cakeshop Case [The Federalist] | Statement of cake artist Jack Phillips following oral arguments at US Supreme Court [ADF])

SCOTUS Is Worried About Lower Courts!

The L.A. Times notes the following… I will emphasize the main point:

….The court’s conservative justices agreed with Trump and his lawyers, who argued that the Constitution and federal immigration laws give the chief executive broad power to restrict or “suspend” the entry of foreign individuals or groups into this country.

[….]

THE HIGH-COURT DECISION SUGGESTS THAT THE JUSTICES WERE MORE TROUBLED BY THE BOLD INTERVENTION OF THE JUDGES WHO BLOCKED TRUMP’S ORDER THAN BY THE NEW PRESIDENT’S AGGRESSIVE USE OF HIS AUTHORITY.

[….]

In appealing to the high court, acting U.S. Solicitor General Jeffrey Wall contended that the judges had wrongly “second guessed” the president’s determination that travelers from these six nations could threaten the nation’s security. He quoted a June 19 opinion by Justice Anthony M. Kennedy that said “national security policy is the province of the Congress and president,” adding that courts should “accord deference to what the executive branch has determined is essential to national security.”()

(LA TIMES)

Race, Gender and Class Take Precedence Over Justice (SCOTUS)

Chief Justice John Roberts and justices Samuel Alito and Clarence Thomas dissented:

  • “Today, with the admirable intention of providing justice for one criminal defendant, the court not only pries open the door; it rules that respecting the privacy of the jury room, as our legal system has done for centuries, violates the constitution,” [….] “it is questionable whether our system of trial by jury can endure this attempt to perfect it.” ~ Samuel Alito

Here is the WALL STREET JOURNAL article Dennis was reading from:

For 250 years U.S. law has protected jury verdicts from being overturned due to juror misconduct or bias. A liberal Supreme Court majority has now carved out an exception for racial bias, and in an ill-defined way with no limiting principle that is likely to damage the jury system.

After a Colorado jury convicted a Mexican man of sexual harassment, two jurors signed affidavits that a retired police officer on the jury had expressed racial animus during deliberations. The juror was reported to have stated that “nine times out of 10 Mexican men were guilty of being aggressive toward women and young girls,” among other slurs. The defendant’s counsel sought to overturn the conviction based on racial animus but was denied by the trial judge.

The Sixth Amendment guarantees a trial by an impartial jury, and the legal system affords numerous protections against juror bias and misconduct. Jurors can be screened for bias prior to selection. The judge and counsel can discipline juror misconduct during the trial, and jurors may report on their peers before a verdict is rendered. Any single juror’s bias can also be policed by 11 others. 

The no-impeachment rule rooted in English common law also shields verdicts from being challenged. As Justice Anthony Kennedy explained in the 5-3 majority opinion this week in Pena-Rodriguez v. Colorado, the rule “promotes full and vigorous discussion by jurors by providing considerable assurance that after being discharged they will not be summoned to recount their deliberations” or otherwise harassed. It also “gives stability and finality to verdicts.”

Yet Justice Kennedy joined the Court’s four liberals in Pena-Rodriguez to overturn that standard for accusations of racial bias. The Justice writes for the majority that racial bias is such “a familiar and recurring evil that, if left unaddressed, would risk systemic injury to the administration of justice.”

Pena-Rodriguez declares a new racial standard for overturning jury verdicts that was rejected by Colorado and has no constitutional basis. It also doesn’t establish a bright-line test of what constitutes unacceptable racial prejudice. Judges are apparently supposed to know it when they see it. “Not every offhand comment indicating racial bias or hostility will justify setting aside the no-impeachment bar,” Justice Kennedy concedes, but that ambiguous caveat won’t prevent endless complaints and appeals.

As Justice Samuel Alito muses in dissent, would a micro-aggression such as “this macho type” be permissible? How about positive racial bias? Take Justice Sonia Sotomayor’s famous comment that a wise Latina woman would “more often than not reach a better conclusion than a white male who hasn’t lived that life.” And what about religious prejudice or sexism that also receive equal protection under the Constitution?

“Although the Court tries to limit the degree of intrusion, it is doubtful that there are principled grounds for preventing the expansion of today’s holding,” writes Justice Alito. “Nothing in the text or history of the [Sixth] Amendment or in the inherent nature of the jury trial right suggests that the extent of the protection provided by the Amendment depends on the nature of a jury’s partiality or bias.”

Justice Kennedy counters that at least 16 jurisdictions have adopted a rule for racial-bias exceptions. But Congress explicitly rejected such an exception in 1975, and so have two-thirds of states. The Supreme Court had heretofore rejected exceptions to the no-impeachment rule.

The ruling is a step toward corrupting juries with political standards based on the progressive obsessions with race, gender and class. It also continues Justice Kennedy’s long march away from constitutionally neutral standards on race. “As this Court said some years ago,” Justice Alito concludes, “it is questionable whether our system of trial by jury can endure this attempt to perfect it.”

 

 

Is a Judicial Coup Underway? Dr. John Eastman Thinks So

John and Ken discuss the legal attacks against Trumps temporary travel ban with Professor John Eastman, who is the Henry Salvatori Professor of Law & Community Service at Chapman University Fowler School of Law. Dr. Eastman makes note that the provision allowing for the President to do this is clear. It is also clear the Courts (specifically the 9th Circuit) has overstepped its bounds… yet again. Stefan Molyneux points out that in 2012, The U.S Supreme Court reversed 86% of the 9th Circuit Court of Appeals rulings that it reviewed. WOW. That is a clear sign of something going on — like Judicial activism. Since the argument Trump used is essentially the same as Obama’s, it is hard to see why all the Justices via SCOTUS wouldn’t agree with Trumps Constitutional right in this matter.

God Bless Harry Reid! (The Hammer and Joe Manchin)

The HAMMER notes well in this WASHINGTON POST opinion piece that we should be thanking God for Reid’s power grabs.

…God bless Harry Reid. It’s because of him that Gorsuch is guaranteed elevation to the court. In 2013, as Senate majority leader, Reid blew up the joint. He abolished the filibuster for federal appointments both executive (such as Cabinet) and judicial, for all district and circuit court judgeships (excluding only the Supreme Court). Thus unencumbered, the Democratic-controlled Senate packed the lower courts with Obama nominees.

Reid was warned that the day would come when Republicans would be in the majority and would exploit the new rules to equal and opposite effect. That day is here.

The result is striking. Trump’s Cabinet appointments are essentially unstoppable because Republicans need only 51 votes and they have 52. They have no need to reach 60, the number required to overcome a filibuster. Democrats are powerless to stop anyone on their own.

And equally powerless to stop Gorsuch. But isn’t the filibuster for Supreme Court nominees still standing? Yes, but if the Democrats dare try it, everyone knows that Majority Leader McConnell will do exactly what Reid did and invoke the nuclear option — filibuster abolition — for the Supreme Court, too.

Reid never fully appreciated the magnitude of his crime against the Senate. As I wrote at the time, the offense was not abolishing the filibuster — you can argue that issue either way — but that he did it by simple majority. In a serious body, a serious rule change requires a serious supermajority. (Amending the U.S. Constitution, for example, requires two-thirds of both houses plus three-quarters of all the states.) Otherwise you have rendered the place lawless. If in any given session you can summon up the day’s majority to change the institution’s fundamental rules, there are no rules.

McConnell can at any moment finish Reid’s work by extending filibuster abolition to the Supreme Court. But he hasn’t. He has neither invoked the nuclear option nor even threatened to. And he’s been asked often enough. His simple and unwavering response is that Gorsuch will be confirmed. Translation: If necessary, he will drop the big one.

It’s obvious that he prefers not to. No one wants to again devalue and destabilize the Senate by changing a major norm by simple majority vote. But Reid set the precedent….

Trade, Taxes, and Executive Orders | Mark Levin (UPDATED)

(Originally posted on the 27th of January)

People warned the Democrats… “what would happen if a Republican does what your guy did?” Well…

Mark Levin gives us an Econ 101 class on tariffs and taxes. This is why the unions love this because it protects their jobs and not other businesses in the States. An interesting part of the call which I stitched to before the other segment is an article in the Wall Street Journal which notes that the reason car manufacturers build in Mexico is due to free-trade agreements:

  • Audi says that an array of free trade agreements favors Mexico over U.S. sites. Its not just the price of skilled labor that is attractive to Audi. If you think about a $50,000 car made in the U.S. that is then exported to Europe there is a 10% duty on that car. So that’s $5000 in duties that Audi is paying. When that same car is made in Mexico there is no duty. This means with an already concentrated area of auto manufactures in Mexico, low cost skilled labor and free trade agreements it is a huge win for Audi and it will be easy to do business. No reinventing the wheel or stepping out alone as the only auto manufacture, Audi is simply following suit.  (WSJ)

Not only will these Executive Orders (E.O.) worsen us in the long run (unless this administration has something else up their sleeve), it is the same thing we gripped about when Obama was President and Left leaning legal scholar, Jonathan Turley said was not what the office of President was intended for. Agreed.

What is interesting is the juxtaposition the Dems find themselves in regarding the E.O.’s. You see, you had many challenges to Obama’s E.O.’s and he holds the record for the most overturned by the Supreme Court (SCOTUS) in our history as a country. But they were brought to the court mainly by Republican Attorney Generals in a state[s] or a group — or a combination thereof. AND YES, many of these actions Trump is taking with his pen and paper are just as unconstitutional. However, in 2018 we find this:

  • The GOP will be defending just eight seats, while Democrats must fight for 23 — plus another two held by independents who caucus with Democrats. (THE HILL)

This means that since the Democrats know their constituents are already upset enough at them to switch parties… why would you rock the boat on some of these executive orders that they know their constituents like. Like the car manufactures/unions. What Democrat in their right mind would bring a case to SCOTUS to overturn something they wish they had did?

Or how bout’ the growing concern in the black community about jobs and the influx of illegal immigrants? You see, they type of people Trump is putting on the Court would vote AGAINST what Trump is doing. They are originalists, and so, the Democrats would certainly win these cases if brought before the conservative Court.

AGAIN… they also have to win in 2018. They are essentially protecting 25-seats… 10 of which are “red-state” seats.

So many of these E.O.’s Trump is writing could easily be overturned if moved forward by the Democrats. Right now however, doing so would be politically dangerous for them. For now at least.

Again, I emphatically agree with HOTAIRExecutive Orders Are Not The Way To Do Policy…Even Good Ones

President Donald Trump’s latest executive order is as good as executive orders come. Trump has banned executive appointees from becoming a lobbyist of the particular branch they served in for five years, plus several other restrictions.

“2. If, upon my departure from the Government, I am covered by the post-employment restrictions on communicating with employees of my former executive agency set forth in section 207(c) of title 18, United States Code, I agree that I will abide by those restrictions.

“3. In addition to abiding by the limitations of paragraphs 1 and 2, I also agree, upon leaving Government service, not to engage in lobbying activities with respect to any covered executive branch official or non-career Senior Executive Service appointee for the remainder of the Administration.

“4. I will not, at any time after the termination of my employment in the United States Government, engage in any activity on behalf of any foreign government or foreign political party which, were it undertaken on January 20, 2017, would require me to register under the Foreign Agents Registration Act of 1938, as amended.

“5. I will not accept gifts from registered lobbyists or lobbying organizations for the duration of my service as an appointee.

This is really good policy, and also delivers on Trump’s “drain the swamp,” rhetoric from the campaign. Ethics reform is something all governments should engage in, because it can increase transparency and keep cronyism from rearing its ugly head. It can possibly save the government money, and reduce the debt.

But there’s still a massive problem. Trump is doing this action through executive order, instead of letting it go through the legislative process. The Constitution is quite clear on which branch originally comes up with rules. From Article I, Section 8, Subsection 14 (emphasis mine):

  • The Congress shall have Power…To make Rules for the Government and Regulation of the land and naval Forces;

It’s Congress which develops the rules for government employees, not the president. Trump is acting as CEO of the government (which he’s not), meaning he’s so used to doing things his way, without having to have others sign off on his actions. He’s taking another page out of former President Barack Obama’s playbook, but promising he’ll do it right. ….

(H-T to REGGIE DUNLOP for the above)

What leftist is going to bring the above to the Court? This is how I described it on my Facebook:

Many of the economic one will be too far along to be challenged (like the pipelines for instance). There are 25-Dem seats up in 2018 (10-in red states). Only 7-GOP seats. What Democrats would challenge the E.O. putting tariffs on Mexico (something I hate but unions l-o-v-e). The Dems have already alienated their base… unions.

So I think even though these Democrats could challenge many of these — they are stuck between a rock and a voting booth. And let me also say, the people Trump is putting on the Supreme Court are originalists and would vote these down in a heart beat (bravo for Trump for putting forward such upstanding justices!)… but the cases have to make it there

In other words… if Trump were truly a dictator looking to split the branches of government… he would pick Justices who would support his Executive Orders.

“Ahhh ‘Heller’ No!” Hillary Shot Down by John Lott

THE FEDERALIST notes how the Supreme Court described the facts of the case:

District of Columbia law bans handgun possession by making it a crime to carry an unregistered firearm and prohibiting the registration of handguns; provides separately that no person may carry an unlicensed handgun, but authorizes the police chief to issue 1-year licenses; and requires residents to keep lawfully owned firearms unloaded and dissembled or bound by a trigger lock or similar device. Respondent Heller, a D. C. special policeman, applied to register a handgun he wished to keep at home, but the District refused. He filed this suit seeking, on Second Amendment grounds, to enjoin the city from enforcing the bar on handgun registration, the licensing requirement insofar as it prohibits carrying an unlicensed firearm in the home, and the trigger-lock requirement insofar as it prohibits the use of functional firearms in the home. The District Court dismissed the suit, but the D. C. Circuit reversed, holding that the Second Amendment protects an individual’s right to possess firearms and that the city’s total ban on handguns, as well as its requirement that firearms in the home be kept nonfunctional even when necessary for self-defense, violated that right.

No mention of toddlers.

JOHN LOTT’S article responding to Hillary Clinton’s claims in the 3rd Presidential debate in regards to the 2nd Amendment and the Heller Case:

…The 2008 Heller decision struck down Washington, D.C.’s complete ban on handguns.  Before the decision, people in the District could own a rifle or a shotgun, it was a felony to load the gun. This amounted to a complete ban on guns, and the Supreme Court said that Washington went too far.

But then, on Wednesday night, Clinton suggested that Wallace had misunderstood her statement.

She explained: “I support the Second Amendment… I disagreed with the way the court applied the Second Amendment in that case because what the District of Columbia was trying to do was to protect toddlers from guns. And so they wanted people with guns to safely store them.”

But the Supreme Court did nothing at all to stop safe-storage laws. And the Justices that Clinton promises to appoint to the High Court will, in all likelihood, again make it possible for the government to ban guns.

As to the storage laws, the Heller decision couldn’t have been clearer: “Nor, correspondingly, does our analysis suggest the invalidity of laws regulating the storage of firearms to prevent accidents.”  If the ruling contributed to the problem that Clinton describes, one would think that there would have been a lot of accidental gun deaths involving toddlers.  But there doesn’t appear to have been a single accidental gun death of any kind in the District, let alone for toddlers, during the eight years since the Heller decision was announced.

The only gun laws that the Supreme Court has struck down have been complete bans on guns. Let me repeat this: If Clinton’s judicial appointments vote to overturn Heller, governments will again be able to ban guns.

And this is a real possibility. Heller can be overturned with just one more appointment to the court.

The Supreme Court is currently tied 4-4 on the meaning of the Second Amendment.

Right now, all four liberal justices have made it clear that they believe in the government’s right to completely ban guns.

In 2010, Justice Stephen Breyer wrote: “I can find nothing in the Second Amendment’s text, history, or underlying rationale that could warrant characterizing it as ‘fundamental’ insofar as it seeks to protect the keeping and bearing of arms for private self-defense purposes.”

This decision will ensure that many Americans will face gun bans. With the change in the Supreme Court, the District of Columbia and some cities will quickly move to ban guns.

California has already banned over 12,000 models of handguns since 2001, with only a dozen that can still be sold in the state and even those likely banned within a few years.

If Clinton becomes president, all handguns in California will likely soon be banned.

[….]

That Hillary Clinton won’t honestly tell American’s what she intends to do if she becomes president, shows that she is concerned that many Americans do support gun ownership.  But regardless of whether or not she openly acknowledges her plans, the threat that she poses is still very real.