Tag Archives: courts

Rogue Judge

Posted on by
Reply

A couple of teachers had the impudence to demur from compulsory “antiracism training” imposed by their Springfield Public Schools district managers.

In response, US District Judge Douglas Harpool, of the Western District of Missouri, not only ruled against the teachers, he ordered them to pay $313,000 in legal costs for bothering the district, and he did this cavalierly disregarding their arguments and issuing his ruling via summary judgment—which means the court—Harpool—never really took the case up, or took it seriously. He wrote in pertinent part, as summarized by Just the News:

This is a preview of Rogue Judge. Read the full post (357 words, estimated 1:26 mins reading time)

Typical Arrogance of the “Experts”

Posted on by
Reply

US District Judge Matthew Kacsmaryck, of the Northern District of Texas, has ruled that the FDA’s approval of the abortion drug mifepristone must be withdrawn and the drug pulled from the market while an existing court case makes its way through, and he made his ruling nation-wide.

The Court does not second-guess FDA’s decision-making lightly. But here, FDA acquiesced on its legitimate safety concerns—in violation of its statutory duty—based on plainly unsound reasoning and studies that did not support its conclusions[.]

No, no, no—leave our precious technocrats alone is the Leftist Lawyer cry. Only Government knows best. How dare anyone challenge Government’s experts. Areta Kupchyk, ex-FDA Associate Chief Counsel:

This is a preview of Typical Arrogance of the “Experts”. Read the full post (274 words, estimated 1:06 mins reading time)

Biden Courts

Posted on by
Reply

Last Wednesday, Magistrate Judge and Biden nominee to a Federal judgeship in the US District Court of Colorado Kato Crews was asked about a legal procedure and then a Supreme Court ruling that any first year law student would have known the answers to. Senator John Kennedy (R, LA) asked Crews

how he would “analyze a Brady motion,” with Crews answering that he had not “had the occasion to address a Brady motion” during his four and a half years on the bench.

Kennedy followed that with a question of whether Crews remembered the Supreme Court case Brady v Maryland and what the case held. Crews:

This is a preview of Biden Courts. Read the full post (378 words, estimated 1:31 mins reading time)

Consensus

Posted on by
Reply

US District Judge William Shubb blocked California’s Progressive-Democratic Party-dominated State house and Governor’s mansion law that sought to punish doctors accused of promulgating Covid “misinformation.” By “misinformation, those worthies meant anything that didn’t comport with California’s “medical consensus.” The block is, on the whole, good, but Shubb unfotunately centered his ruling on the difficulty in correctly defining “consensus” in this or that endeavor, or in correctly identifying the sources qualified to define the relevant consensus.

That’s merely a subset of the larger problem with consensus, though.

This is a preview of Consensus. Read the full post (194 words, estimated 47 secs reading time)

“Historical Tradition”

Posted on by
Reply

US District Court Judge Renee Marie Bumb extended her injunction against New Jersey’s Progressive-Democrat Governor Phil Murphy-led law attempting to block New Jersey citizens from carrying firearms virtually anywhere within the State. Her extension blocks

restriction[s] on permitted gun owners from carrying concealed weapons in public parks, on beaches, and in casinos.

Her prior injunction already blocks enforcement of those parts of the law that banned

guns from being carried in “sensitive locations,” including public libraries; museums; entertainment venues like stadiums, arenas, and amusement parks; bars; restaurants where alcohol is served; public parks; beaches; playgrounds; and airports and public transportation hubs.

This is a preview of “Historical Tradition”. Read the full post (365 words, estimated 1:28 mins reading time)

Dehumanizing Babies

Posted on by
Reply

Florida has a law (HB5, Reducing Fetal and Infant Mortality Act) banning abortions after 15 weeks of pregnancy. Florida’s Governor DeSantis (R) has characterized the law as

protect[ing] babies in the womb who have beating hearts, who can move, who can taste, who can see, and who can feel pain.

Planned Parenthood and the ACLU have sued, claiming that the ban violates the Florida Constitution. The Florida Constitution, Art I, Sect 23, grants a right of privacy to every natural person. The only part of the Florida Constitution that directly addresses abortion is Art X, Sect 22, which authorizes the State’s legislature to enact laws requiring notification of a minor’s parent or guardian prior to termination of the minor’s pregnancy.

This is a preview of Dehumanizing Babies. Read the full post (413 words, estimated 1:39 mins reading time)

A State Supreme Court Justice Didn’t Mince Words

Posted on by
Reply

In TWISM Enterprises v State Board of Registration, TWISM, an engineering company, sued Ohio’s Board of Registration over being denied a contract to provide engineering services to the State of Ohio. The Regulators had denied the contract on the grounds that Ohio’s engineers must be employees of the State. Never mind that the applicable Ohio law requires no such thing. Per The Wall Street Journal‘s editors,

The court ruled 7-0 that the regulatory board had essentially rewritten Ohio law by insisting that anyone providing engineering services must be an employee, and not an independent contractor. The statute says no such thing, and the court ruled for the company.

This is a preview of A State Supreme Court Justice Didn’t Mince Words. Read the full post (256 words, estimated 1:01 mins reading time)

The Supreme Court and Title 42

Posted on by
Reply

Much is being made of the Supreme Court’s decision requiring Title 42 restrictions on illegal aliens to remain in effect until the Court hears the underlying case (sometime in February). That underlying case, as put by the Court in granting certiorari, is this:

Applicants suggested this Court treat the application as a petition for a writ of certiorari; doing so, the petition is granted. The parties are directed to brief and argue the following question: Whether the State applicants may intervene to challenge the District Court’s summary judgment order.

That’s an outcome, however temporary, that is very welcome.

This is a preview of The Supreme Court and Title 42. Read the full post (321 words, estimated 1:17 mins reading time)

A State Judge Gets It Wrong

Posted on by
Reply

Concerned with what her child might be taught were that child to take a particular course in Michigan’s Rochester Community School District, a mother asked the District for information related to that course—lesson plans, course curriculum, readings to be assigned, and the like. Things led to things, and the mother formalized her request as a FOIA request under Michigan’s FOIA law. More things led to more things, and the matter wound up in Michigan Circuit Judge James Cunningham’s court, with the mother asking the course instructor, in addition to the District, be required to deliver the requested information, and the District denying having the requested information and further denying requiring its instructors to develop anything like that information.

This is a preview of A State Judge Gets It Wrong. Read the full post (324 words, estimated 1:18 mins reading time)

Not Just DoJ

Posted on by
Reply

It has come to light that DoJ prosecutors convened a grand jury and got subpoenas with which to investigate then-House Intelligence Committee Chairman Devin Nunes (R) and a number of Republican Committee staffers during Nunes’ Committee investigations into what are now known to be Progressive-Democratic Party collusion with DoJ to create a false narrative of Republican collusion with Russia.

This is a preview of Not Just DoJ. Read the full post (412 words, estimated 1:39 mins reading time)