A Conservative’s View….

My latest effort, a pamphlet on the American legal system (because I don’t lack for ego), A Conservative’s View of the American Concept of Law, has been released, and it can be found on amazon.com: https://amzn.to/2L4iVXx .  Links also can be found on my Books page.

Our legal system is explicitly founded on natural law through our Creator’s endowment—the origin and source of our fundamental principles.

“Impose Boundaries on Immigration Law”

That’s the title of Deputy Attorney General Rod Rosenstein’s op-ed in last Thursday’s Wall Street Journal.  In it, he decried the lack of uniformity of our immigration laws and associated judicial rulings on those laws.

…US immigration law is far from uniform. Inconsistent rulings by the 12 federal appellate courts have created a hodgepodge of jurisprudence, in which the applicable legal precedents depend on the location of the immigration court that heard a case.

He proposed a solution.

Congress can and should restore uniformity and promote efficiency by consolidating all immigration appeals in a specialized court of immigration appeals.

Brussels Interferes Again

Now the European Court of Justice has decided to weigh in on Brexit.

The European Court of Justice’s opinion, which requires confirmation in a final court ruling, says the U.K. can unilaterally stop the process of leaving the EU, something that Brussels and the U.K. government had sought to oppose. A final ruling is expected within the next few weeks.

This is yet another cynical effort by Brussels to interfere in the domestic affairs of a sovereign nation, this time compounded by Brussels’ insistence on punishing the Brits for their impertinence.

Justice and Law

An Indian, a Creek, stands accused of murdering a fellow tribesman.  He was arrested on the Creek’s Oklahoma reservation, and with that, he’s demanding that he be tried in Federal court rather than in an Oklahoma State court.  The matter of which court should have jurisdiction, which centers on the existence or absence of the Creek Nation reservation in Oklahoma, now is before the US Supreme Court.

The government’s lawyer, US Deputy Solicitor General Edwin Kneedler, declaimed

This would be a dramatic change from the way everyone has understood it for the past 100 years[.]

He continued:

A Judge’s Ruling on Female Genital Mutilation

Charges related to female genital mutilation were dismissed last week against Detroit doctor Jumana Nagarwala, who has a history of performing such “surgeries.”  Federal District Judge Bernard Friedman, of the Eastern District of Michigan, ruled that Congress had overstepped its authority in passing a law banning this FGM.

Sadly, the judge was right.  That law, passed in 1996, was done under our Constitution’s Commerce Clause, which authorizes Congress to regulate interstate commerce (along with trade with foreign nations and with the Indian Tribes).

However, Friedman wrote,

A Bogus Beef

Recall CNN‘s Jim Acosta striking a White House intern (albeit lightly) and actively preventing her from doing her job.  In consequence of that, the White House suspended Acosta’s accesses to the White House.

Now CNN is suing the White House to get Acosta’s credentials back.  They’re doing it, too, on the risible grounds that the suspension violates Acosta’s 1st and 5th Amendment rights of free speech and due process.

Sure.

The EU and National Sovereignty

Poland enacted a law at the start of the year that lowered the mandatory retirement age of all of its judges from 70 to 65.  This resulted, among other things, in the required retirement for 27 of the nation’s 72 Supreme Court judges (a too-big Court, anyway IMNSHO, and they ought not be replaced, but that’s a separate story).

The ruling Law and Justice (PiS [Prawo i Sprawiedliwość]) party says the changes are necessary to a justice system they say is controlled by an untouchable “caste” of judges steeped in communist-era mentality.

The European Union has demurred.

Future Nominations for Judgeships

A denizen of flyover country—Jan Graham of Nebraska, in fact—had a thought in her Letter to the Editor of Wednesday’s Wall Street Journal:

Every one of those Harvard and Yale law students protesting Brett Kavanaugh’s appointment should have their names written down and kept in case they want to be a judge someday. At that point their college-age record can be used to show that they don’t believe in due process and shouldn’t ever be considered for the bench.

Nor can they be considered, legitimately, for any prosecutorial office, Federal, State, or count/parish.

Full stop.

The ABA and Judicial Ratings

Judge, now Justice, Brett Kavanaugh is on the Supreme Court and hearing cases.  The American Bar association is still looking for relevance here.  The ABA, after first giving Kavanaugh glowing marks as a judge wrote to the Senate Judiciary Committee that it was “reopening” its evaluation—timing its letter for 5 Oct, just before the Senate’s floor vote on Kavanaugh’s confirmation.

The ABA was ignored when Kavanaugh, et al., were being evaluated for a Supreme Court nomination and again when Kavanaugh was nominated. That prior ABA endorsement was simply the association’s jumping on the band wagon.

A Newly Conservative Court?

Jess Bravin, writing in The Wall Street Journal, thought so.

When Justice Brett Kavanaugh takes the bench Tuesday, it will mark the culmination of the Republican Party’s 50-year drive to cement a conservative majority on the Supreme Court.

At the least, he argued,

[A] five-justice majority more sensitive to regulatory and litigation costs on business should tip more outcomes toward industry and employers, imposing higher bars for workers, consumers and environmentalists, according to legal experts who have studied the court and Justice Kavanaugh’s jurisprudence. At the same time, the new majority is likely to show more sympathy for social conservatives resisting the encroachment of gay rights and access to contraceptives, as well as greater tolerance for state initiatives to curb the availability of abortion.