In a piece at the hill Alan Dershowitz suggesting that if after being impeached President Trump refuses to leave office and appeals to SCOTUS they might rule in favor of the president. Our nonlawyer president may be closer to the truth than his lawyer critics. In fact, the Lawfare blog noted that “Trump’s suggestion of … Continue reading Dershowitz is wrong SCOTUS wouldn’t touch that Mythical Impeachment Scenario
Life goes on at the Supreme Court, vacancy or no. Last Monday, on the opening day of the term, the Court announced that it will not hear a challenge to a 2014 Tennessee ballot measure, Amendment 1, which stated "nothing in this [state] Constitution secures or protects a right to abortion." Or, if you prefer, … Continue reading A Quiet Victory at the U.S. Supreme Court
Happy autumn! Herewith a few odds and ends from my notebook. Un-packing the Court As I write this, the nomination of Judge Kavanaugh to the Supreme Court is still up in the air. Whatever my preferences and my views of the current uproar, I have my doubts about the ability of 51 Republicans to agree … Continue reading Un-packing the Court, Etc.
The strongest criticism of Judge Kavanaugh centers around his ruling in the case Klayman v. Obama, which dealt with NSA warrantless bulk data collection under the Obama administration. Here is the text of that decision. On the surface, the opening statement is strong evidence of his possible weakness regarding one of our most important protections … Continue reading Judge Kavanaugh and the Fourth Amendment
"I would not support a nominee who demonstrated hostility to Roe v. Wade because that would mean to me that their judicial philosophy did not include a respect for established decisions, established law....Roe v. Wade is a constitutional right that is well established." Thus spake Sen. Susan Collins (R-Maine), according to a CNN report. But … Continue reading Senator Collins and the Imaginary Roe Decision
Anthony Kennedy has announced that he will step down from the U.S. Supreme Court on July 31, after 30 years of service. He assured himself a place in history two years ago, for good or ill, with the Obergefell decision. Aside from that, he earned a reputation as a swing (i.e. unpredictable) vote on various issues. One … Continue reading Justice Kennedy Leaves With a Flourish
Update to a November 2017 post: California's attorney general is on the U.S. Supreme Court's schedule for March 20, at which time he can explain why he should be able to tell pro-life pregnancy centers to advertise for abortions. That ought to elicit some searching questions from the Justices. The case is National Institute of … Continue reading Pro-Life Speech Case Coming to SCOTUS March 20
I suspect that those of us who find Trump & Hillary equally unacceptable are going to be voted off the conservative island before this election's over. I'm being harangued by perfectly nice people saying "butbutbut HILLARY!!", along with what's supposed to be the clincher: "Supreme Court!" An awful prospect, to be sure. The thing is, … Continue reading Worried about the Court? Then worry about the Senate
Mr. Spock: This is how history went after McCoy changed it. Here, in the late 1930s. A growing pacifist movement whose influence delayed the United States' entry into the Second World War. While peace negotiations dragged on, Germany had time to complete its heavy-water experiments. Captain Kirk: Germany. Fascism. Hitler. They won the Second World … Continue reading SCOTUS’s death blow to #NeverTrump or the Ruling on the Edge of Forever
By John Ruberry Like it or not, same-sex marriage is the law of the land. As a conservative with libertarian leanings, I favored civil unions for gays for years, in essence, marriage in all but name. What is now called traditional marriage reaches back into pre-history--social norms should not be thrown overboard so quickly. As … Continue reading Gay marriage: Another reason Muslims may want to reconsider emigrating to America
It is highly unlikely that Justice Scalia dissent in Obergefell et al vs Hodges is going to get the attention that his dissent in King vs Burwell did, but there is a paragraph in this dissent that should be recited and memorized by every conservative in America: But what really astounds is the hubris reflected … Continue reading Scalia: Who knew everyone before us were Bigots & dopes?
Lt. Kaminsky: You wanted confirmation, Captain? Take a look! There’s your confirmation! Tora Tora Tora 1970 Heaven and earth will pass away, but my words will not pass away. Luke 21:33 Yesterday while most of the country was watching Baltimore the Supreme Court heard arguments to decide if the definition of marriage that had endured … Continue reading Let the SCOTUS look to Baltimore & that Solitary Black Mother on Gay Marriage
Among the more deranged (among many) reactions to the Supreme Court decision on Burwell v. Hobby Lobby Stores, Inc., you'll find this: The Uncomfortable Question: Should We Have Six Catholic Justices on the Supreme Court?In Justice Alito's majority opinion, he relies squarely on Catholic teaching about "complicity" to explain the supposed burden. In doing so, … Continue reading Bean-counting Catholic justices
There are a lot of things we can say about the 5-4 ruling in favor of Hobby Lobby. We can say it's an important win for religious liberty (it is) we can say that differentiating between a "closely held" corporation and a big publicly held one is far (it is). You can claim that it's … Continue reading On Hobby Lobby the GOP Establishment Lucks out
The McCullen v Coakley case that removed the three-point lines in Massachusetts is the potential to have some interesting effects on both the national level and the local level. Locally of course Coakley is Martha Coakley the current AG of Massachusetts now running for governor. Earlier this month Steve Grossman managed to get the endorsement … Continue reading Political Effects of the McCullen v Coakley Case MA & New Hampshire