Category Archives: Courts

More Government Overreach

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This time by President Joe Biden’s (D) Attorney General, Merrick Garland (D). Garland has decided to sue Idaho over that State’s abortion law because, Garland claims, that law might put doctors at hospitals that accept Medicare, and those hospitals, at risk of Federal law violation if they follow Idaho’s law.

That Federal law

requires hospitals accepting Medicare to provide emergency treatments, which can sometimes include abortion.

Idaho’s law, on the other hand,

has exceptions allowing doctors to perform abortions to save the life of a pregnant woman or in cases of rape or incest that have been reported to law enforcement.

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Supreme Court Leaks

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The Wall Street Journal excerpted an article by Joan Biskupic for CNN regarding Supreme Court discussions among the Justices [emphasis added].

Chief Justice John Roberts privately lobbied fellow conservatives to save the constitutional right to abortion down to the bitter end, but May’s unprecedented leak of a draft opinion reversing Roe v Wade made the effort all but impossible, multiple sources familiar with negotiations told CNN.

Wow. Not only was a Supreme Court draft opinion leaked to the press, the Court’s private discussions about that opinion are leaked to the public.

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“Misquote”

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US District Judge Charles Atchley, Jr, issued a preliminary injunction barring the Federal government from enforcing President Joe Biden’s (D) Executive Order and his Department of Education’s “guidance” equating sex and gender identity that

unilaterally redefin[ed] federal law to not only prohibit male-female distinctions in school sports, restrooms, and locker rooms, but also compel employers to use employees’ preferred pronouns

The Biden administration, further, is threatening to withhold “substantial federal funding” if institutions did not comply.

In his ruling, Atchley

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A Lawless DA

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Los Angeles District Attorney George Gascon doesn’t like California’s Three Strikes law, which requires prosecutors to include in their charging documents prior felony convictions—which on conviction for the current crime can seriously extend the penalty for that crime. Pursuant to his dislike, Gascon has refused to charge those prior felonies, and he’s ordered the prosecutors in his office to refuse, also.

Subsequent to implementing that practice, Gascon was ordered by the relevant California State district court to cut that out and to charge in accordance to the Three Strikes law. He appealed and lost at the appellate level. He’s still refusing to charge under the law, and now under two court orders, and he’s appealing the whole thing to the State’s Supreme Court.

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“Technical Expertise”

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In The Wall Street Journal‘s editorial regarding the Supreme Court’s ruling in West Virginia v EPA, in which the Court ruled that the EPA had badly overstepped its bounds, the Editors pointed out that

[t]he dissenters bemoan that Congress lacks the expertise to regulate technical subjects such as climate change.

This is a cynically offered sophistry by those activist Justices. There’s nothing preventing an inexpert Congress from consulting experts. Congress does, after all, hold the occasional hearing on matters related to legislation under consideration.

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“Rights” and Precedent

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There is considerable discussion concerning whether a constitutional right to an abortion existed and was taken away by the Supreme Court’s just released ruling on Dobbs or whether, as Justice Alito emphasized in his Dobbs opinion for the Court that such a right never existed, it was merely the creation of Roe and then claimed again in Casey.

And therein lies the point of this post.

There is no right to an abortion contained in our Constitution, whether couched in the 14th Amendment or in any other part of the document—not literally, not figuratively, not encompassed in any penumbra.

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A 2nd Amendment Ruling

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The Supreme Court, by a 6-3 ruling, has struck down a New York law that required citizens to show a proper cause and good moral character in order get a license to carry a firearm outside the home. That “proper cause” and the goodness of a citizen’s “moral character” were as defined by the State’s government personnel, and if they didn’t feel like it, or if the “need” didn’t suit them, or if these Moral Superiors didn’t like the man, they blithely could deny the applied-for license.

Justice Clarence Thomas, writing for the Court, said that was unconstitutional.

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Rule of Law

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The matter of leaking the Supreme Court’s draft opinion on Dobbs v Jackson Women’s Health Organization has drawn into the open the Progressive-Democratic Party’s and its politicians’ utter contempt for law, along with these persons’ preference for our nation being ruled by men—so long as those men are members of Party.

Here are a couple of canonical examples. First up, President Joe Biden (D) through his Press Secretary, Jen Psaki:

Q    Why not criticize this leak?
MS. PSAKI:  Again, because I think what is happening here, and what we think is happening here, is there’s an effort to distract from what the actual issue here—
…
MS. PSAKI:  And we are not—we are working not—to not allow that to be the distraction.

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Former President Donald Trump Has a Plan

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Former President Donald Trump (R) has a plan for recovering our nation from the ravages of Progressive-Democratic Party control over the last year and more, and that will continue to be inflicted over the next several months to three years. In the main, he’s on the right track; although I disagree with his constant harping on personalities, like his disparagement of Senate Minority Leader Mitch McConnell (R). McConnell’s tactics, to take the particular case as illustrative, are not Trump’s but without McConnell’s skillful politics, there would be no Supreme Court Justice Neil Gorsuch; we would have Merrick Garland inflicted on us. Without McConnell’s acumen, Trump would not have all those hundreds of conservative—which is to say, textualist—district and appellate court judges confirmed.

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Ketanji Brown Jackson and the Second Amendment

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Short and sweet. And wrong. At Tuesday’s morning session of the hearing to confirm/reject Judge Ketanji Brown Jackson:

Senator Chuck Grassley (R, IA): Do you believe the individual right to keep and bear arms is a fundamental right?
Brown Jackson: Senator, the supreme court has established that the individual right to keep and bear arms is a fundamental right.

Notice that. A court says so. Not our Constitution—the second of our Bill of Rights—says so.

This should be disqualifying.

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