RBG Watch – M.I.A.

AMERICAN THINKER notes the following in their larger article:

The last time she was seen was on December 6, 2018, when she heard arguments in person at the Court.  Since then, she underwent surgery on December 21 of last year after two cancerous growths from her left lung were discovered and removed.

[….]

Adding even more fuel to the speculation, Fox & Friends “accidentally” showed a memorial graphic that claimed that Ginsburg is dead.  The show apologized shortly after and blamed it on a “control room error,” but it’s worth noting that the graphic even being made and loaded is a disturbing, macabre preparation.

She was scheduled to attend a function called “An Evening with Justice Ruth Bader Ginsburg” in Los Angeles on Tuesday evening at the Skirball Cultural Center, but the event was “regrettably canceled” because she is still recuperating from her recent surgery.  A second engagement on February 6 with her and philanthropist David Rubenstein in New York City was also canceled….

Another site notes she will not be at the February 5th State of the Union Speech.

I want to make a couple points. FIRST, if this was being done for or by a conservative Justice, all hell would break loose. CNN, MSNBC, ABC, CBS, NBC, NPR, NYT, Chicago Tribune, L.A. Times, BBC, etc, etc, etc — would be running round the clock “watches” and demanding a replacement. Yes, the MSM would be demanding a replacement. Why? They are essentially Democrats.

SECOND, remember CNN and other news outlets with a “1st Lady Watch” I think a Justice hearing cases is a bit more important to the American Body Politic, where is Brian Seltzer’s running tally?

Maybe the folks at CNN think Trump is so horrible, he murdered her? So, I made my own “Calendar Watch” for RBG. The GREEN check-mark was the last time she was in Court listening to arguments. The BLACK check-mark was the date of her operation. The RED check-marks are days she has not been seen. As of today, she has missed Court for 59-days.


Some Humor


Scalia’s and Thomas’ Influence On the Court (Randy Barnett)

In an older interview revisited, I wanted to isolate this comment about the importance of tow Supreme Court Justices and their influence on the Court. Links to the original REASON-TV interview can be found via my post: “Why Merrick Garland Should NOT Be on SCOTUS.”

The Way It Was – Ruth Bader Ginsburg

WEASEL HAT-TIP

GOP WAR ROOM:

Justice Ruth Bader Ginsburg criticizes how Judge Brett Kavanaugh was treated during his SCOTUS confirmation hearings. Discussing the modern Supreme Court confirmation process, Ginsburg called the hearings a “highly partisan show” and “wrong” while speaking at the George Washington University Law School on 9/12/18. Be sure to like, subscribe, and comment below to share your thoughts on the video.

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.