Our Out Of Control Courts: Bankruptcy Courts Now Deciding Cases on Feelings?

-By Warner Todd Huston

One of the issues that many conservatives have focused on is our out of control court system and the constant judicial overreach that occurs therein. Here we have yet another case of a court insinuating itself into an area in which it previously never had purview and if this decision stands it will open our courts to a flood of court shopping that will turn our legal system further down the wrong road.

At least since the forced busing case of 1971 and the Roe v Wade abortion case, conservatives have been complaining about judges taking undue powers unto themselves. For decades these power mad judges have been expanding their reach to control our lives until even our state and federal legislatures have seemed to give up their rightful role as lawmakers. Once again we have a judge that has reached beyond his proper role.

The case in question is Marshall v. Marshall and, yes, once again Anna Nicole Smith is going before the U.S. Supreme Court — and from beyond the grave at that. The reason a Smith matter is again before the SCOTUS four years after her death is because one of her cases was decided by a federal bankruptcy court in California on reasons that had nothing at all to do with technical bankruptcy rules. The case before the SCOTUS would determine if the bankruptcy court acted properly.
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Our Out Of Control Courts: Bankruptcy Courts Now Deciding Cases on Feelings?”


(Video) I Was a Guest on NRA Radio’s ‘Cam And Company’ Show

-By Warner Todd Huston

I was a guest on Cameron Gray’s National Rifle Association radio program “Cam and Company” last night.

I was on the program to discuss my article about Supreme Court Justice Stephen Breyer’s wrong-headed interpretation of the Second Amendment as one that doesn’t really protect the individual’s right to bear arms.

My article under discussion was: “Supreme Court Justice Breyer: Founders Were For Restricting Guns… Why Breyer is Wrong.”

It was a great segment, I have to say.


Supreme Court Justice Breyer: Founders Were For Restricting Guns… Why Breyer is Wrong

-By Warner Todd Huston

On Fox News Sunday, Supreme Court Justice Stephen Breyer spoke of his dissenting decisions in the several Second Amendment cases that he heard as a Justice. He told host Chris Wallace that he thought that James Madison only included the Second Amendment in the Bill of Rights as a sop to the states and Breyer insisted that historians agreed. In essence, Breyer was saying that Madison was not interested in an individual’s right to gun ownership and self-protection and for that reason his dissenting opinions against that individual right accorded well with what the founder’s thought on the issue.

But Breyer’s assumption that a citizen’s right to bear arms is not sacrosanct and his following contention that the founders would agree seems to ignore much of the history of the era not to mention the precedents in law and the historical record upon which the founders relied to define their political ideas — including Madison.

Of course, it is a bit ridiculous to take one lone founder’s words and assume that it represents the opinion of all of them. It is quite easy, after all, to find quotes from any particular founder that in no way reflected even a minority opinion of the day. For instance, Thomas Jefferson once advocated that all laws be dumped every few decades so that the next generation could start over with their own ideas unencumbered by past generations. Even Madison thought that idea was absurd. Hamilton found that many of his most dearly held financial ideas left his fellows cold. John Adams thought that we should call the president “your majesty,” an idea that earned him much derision. And Poor Richard himself, Benjamin Franklin, once proposed that each galaxy had it’s own “God” that ruled in his own sphere meaning that there were infinite gods for infinite galaxies. Not every idea the founders had were gems, to be sure.

Still, Madison spoke with most of his contemporaries, not outside them, when he considered the meaning of the Second Amendment.
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Supreme Court Justice Breyer: Founders Were For Restricting Guns… Why Breyer is Wrong”


Justice Kilbride: Extreme

From JUSTPAC…

Illinois Supreme Court Justice Tom Kilbride has spent millions on slick TV ads and direct mail — trying his best to hide his liberal record and portray himself as “independent.”

Today, the Chicago Tribune editorial board blows a hole in Kilbride’s claims of independence, writing:
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Justice Kilbride: Extreme”


Kagan Gets the Nod With 5 Republicans Voting Yes

-By Warner Todd Huston

Obama’s nominee for the Supreme Court, Elena Kagan, was just given the official nod to take her seat on the highest court in the land. Five Republicans voted yes and one Democrat voted no. The vote was 63-37.

The five Republicans that voted yes are as follows: Lindsay Graham (R,SC), Judd Gregg (R, NH), Susan Collins (R, Maine), Richard Lugar (R, IN), and Olympia Snowe (R, Maine).

Kagan’s confirmation is the sixth most contested since WWII. Kagan’s 37 no votes as measured against the following:

Robert Bork (58 nos)
Clement Haynsworth (55 nos)
G. Harrold Carswell (51 nos)
Clarence Thomas (48 nos)
Samuel Alito (42 nos)
Elana Kagan (37 nos)

Of those nominees Bork, Haynsworth and Carswell were rejected while Alito and Thomas were confirmed.

Conservatives have criticized Kagan as one who has a radical, left-wing ideology. The document dump from early June on Kagan’s work in the Clinton administration showed Kagan as an anti-gun advocate, pro-assisted suicide, pro-abortion, for some human cloning experimentation, and very supportive of the whole global warming theology. Conservatives feel she will help push the court in a leftward direction.


The United States, 2010: A Rogue Government

-By Frank Salvato

With the recent ruling by US District Judge Susan Bolton, a Clinton appointee, blocking the most contentious parts of Arizona law SB1070, we learn two things: One, that the federal government cannot be forced to enforce federal law, regardless of the fact that the law has been brought to legislation by the constitutional process, and two, that today, opportunistic political ideologues who have schemed their ways to power have all but extinguished good government in the United States of America; government that should be exclusively engaged in serving the best interests of the American people.

To be fair, Judge Bolton’s ruling does not end the issue, not by a long shot. In fact, there is a very good chance that the case surrounding Arizona law SB1070 will make it – and in an expedited manner – to the US Supreme Court. This actually bodes well for the American citizen primarily because today the US Supreme Court has a balance that actually gives an edge – even if ever so slightly – to the US Constitution and, thus, the American people. Judge Bolton’s ruling simply put those sections blocked – or deemed unlikely to withstand a challenge in the judicial system, be it from the ACLU, La Raza or the Holder/Obama Justice Department (which is tantamount to the ACLU and La Raza) – on hold until the courts resolve the issues.
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The United States, 2010: A Rogue Government”


BREAKING: Calif. Prop 8 Gay Marriage Ban Overturned

-By Warner Todd Huston

The long awaited ruling from Chief U.S. District Judge Vaughn Walker, an H.W Bush Appointee and one of only two openly gay federal judges, has ruled that California’s Proposition 8 violates due process and equal-protection rights under the U.S. Constitution.

“Moral disapproval alone is an improper basis on which to deny rights to gay men and lesbians. The evidence shows conclusively that Proposition 8 enacts, without reason, a private moral view that same-sex couples are inferior to opposite-sex couples,” Walker wrote.

Judge Walker said that Prop 8 failed to “advance any rational basis” to deny gay men and lesbians the legal ability to marry.

Pro-traditional marriage activists promise to appeal the decision to the 9th Circuit Court and then, likely, to the Supreme Court.
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BREAKING: Calif. Prop 8 Gay Marriage Ban Overturned”


ICarry Takes Chicago and Mayor Daley Back to Court!!

From ICarry.org…

Executive Director Shaun Kranish writes:

Although the Supreme Court of the United States ruled in McDonald that Chicago has violated an individual and fundamental right to keep and bear arms by having an outright ban on pistols (and for decades this ban did not apply to Chicago aldermen and other criminals), Daley and his cohorts have immediately responded with more outrageous restrictions.
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ICarry Takes Chicago and Mayor Daley Back to Court!!”


Obama’s FDR-Like Bait and Switch

-By Warner Todd Huston

Remember when Barack Hussein Obama first became president and the left-wing Old Media universally indulged the claim that he was “just like FDR“? Of late the Old Media has backed off that hyperbolic statement, but at least in a single incident, Obama has proven indeed to be just like FDR. The similarity entails laws about which the two presidents lied to the public in order to sell them. And in both instances, the truth only came out in court.

For FDR it was Social Security. The Roosevelt Administration sold Social Security as an “insurance” program when it began to push for the policy. The truth is, of course, that Social security and its unemployment plan adjunct is in no way an insurance program. It is welfare pure and simple.

But FDR sold it as “insurance” anyway. In 1936, for instance, FDR sternly told an audience in Pennsylvania that it was an insurance program.
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Obama’s FDR-Like Bait and Switch”


Why Kagan is Unqualified — and Dangerous

-By Selwyn Duke

Despite being thoroughly unqualified to occupy the bench, Elena Kagan will most likely be confirmed to the Supreme Court. This is because most of our 100 senators are almost as unqualified to judge a judge as she is to be one. What is the proper criterion to apply? Well, a simple analogy illustrates the point best.

Let’s say you needed to hire a football referee. If he said that he was a “pragmatic” referee, viewed the rulebook as “living” and thus would interpret the rules to suit the “times,” would he be your man?

Since it’s the job of the rule makers to craft the rules and the referee’s role is only to determine if they’ve been broken, I think you’d be aghast. It would be obvious you were dealing with someone who didn’t know what his job was or was unwilling to perform it. And you certainly wouldn’t want to hire a referee who was giving himself the latitude to say, “This fellow here violated a rule, but since I don’t like that rule, I’m going to let his action stand” or “That guy over there has gone by the book, but I don’t like something he did, so I’ll penalize him anyway.”

A judge’s job is analogous to a referee’s. It is the legislature’s (rule makers’) place to make the rules, and the judge’s only role is to determine if they’ve been broken. How he feels about a given law is irrelevant. He is but a gatekeeper.
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Why Kagan is Unqualified — and Dangerous”


The 17th Amendment Revisited

-By Thomas E. Brewton

Original provisions of the Constitution intended to prevent Congress from enacting “dumb” laws were vitiated by ratification of the 17th Amendment.

Before ratification of the 17th Amendment it’s unlikely that a Senate committee would have needed to raise the sort of question posed by Senator Coburn during confirmation hearings on Elena Kagan’s nomination to the Supreme Court. A Wall Street Journal editorial reports:
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The 17th Amendment Revisited”


‘Ms. Kagan, Are You Now or Have You Ever Been a Lesbian?’

-By Don Boys, Ph.D.

The above pertinent, personal, and principled question will not be asked of the new Supreme Court nominee because no senator has the courage, commitment, and character to ask it, although only a fool or fanatic says the question is illegitimate. Even “conservative” Republicans are silent on this matter. Maybe some of them need a spinal transplant to help them take a stand. I don’t expect Democrats to take a stand since they haven’t stood for anything worthwhile since Senator “Scoop” Henry Jackson died Sept. 1, 1983 and Congressman Larry McDonald was killed the same day when Koran Air Flight 077 was shot down by Russian interceptors presumably killing all on board.

Reports have been circulating that Kagan’s chosen homosexual lifestyle is well known in the Harvard community and her partner is commonly known. She has not been trying to hide her sexual identify—until now.
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‘Ms. Kagan, Are You Now or Have You Ever Been a Lesbian?’”


Supreme Court protects Chicagoans 2d Amendment Rights by Overturning Unconstitutional Handgun Ban

From the Ratowitz for Congress campaign (5th District)…

U.S. Congressional Candidate, David Ratowitz (IL-5) praises SCOTUS for upholding the 2d Amendment Rights of Chicagoans and urges Chicago’s City Council to respect the rights of law abiding citizens.

Chicago, IL, June 24, 2010– Long time transparency and pro-liberty advocate Candidate for U.S. Congress from Illinois’ 5th Congressional District, David Ratowitz supports the Supreme Court’s decision in McDonald v. City of Chicago.
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Supreme Court protects Chicagoans 2d Amendment Rights by Overturning Unconstitutional Handgun Ban”


Use Evidence Even if Tainted to Convict the Guilty

-By Don Boys, Ph.D.

We are told, “It is better to free 100 guilty men than risk convicting one innocent man,” but that is absurd. While no fair and sane person wants to see an innocent individual go to jail, the above statement is fraught with error. Those “100 guilty” people will be free to prey upon hundreds of innocent ones and will not be limited to one innocent person.

Because of the above warped, witless, and wicked principle, the courts, in 1966, swung to the extreme of protecting the rights of the accused at the expense of the abused with its Miranda ruling. Since then, thousands of felons have walked out of court (or never arrived there) because investigators followed numerous silly, senseless procedural rules–rules put in place to protect crooks not to ensure fairness and justice. However, that may be changing with the Supreme Court’s decision last week to soften the Miranda ruling and it should correct judicial abuse as illustrated below.

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Use Evidence Even if Tainted to Convict the Guilty”


Social Justice Pastors, your Chickens will Come Home to Roost

-By Marie Jon

“For the time is come that judgment must begin at the house of God: and if it begins at us, what shall the end be of them that obey not the gospel of God?”1 Peter 4:17

When clergy knowingly become involved in an unscriptural heresy called Social Justice, they have sinned against God. It does not matter what denomination is tainted by this false theology, the results will be the same. The Bible says there will be a falling away from God’s truth, which many believe is taking place now:

“Let no man deceive you by any means: for that day shall not come, except there come a falling away first, and that man of sin be revealed, the son of perdition” (2 Thessalonians 2:3).

Worldly-minded ministers who get caught up in this “progressive” movement do so for many reasons, including power and political gain. They knowingly misrepresent the Word, and do not appropriately tend their congregations. Among other things, they’re intentionally obsessing their parishioners with Mother Earth (environmentalism).

“I am come that they might have life”

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Social Justice Pastors, your Chickens will Come Home to Roost”


We Have to Talk About Elena Kagan

-By Frank Salvato

The coverage of President Obama’s most recent nominee to the United States Supreme Court, Elena Kagan, has been nothing less than incredible. Of course, the word incredible can be used in several contexts, some good and some bad. To clarify, I am using it in a context meant to mean bad…very bad…incredibly bad.

While the mainstream – or irrelevant – media waxes on about how she is a surprisingly moderate nominee for the president to have chosen, the extent of their critical examination of Ms. Kagan, former and first female Dean of Harvard Law School, consists of yarns about basketball and softball pickup games. As Marcia Kramer of CBS-TV in New York tells us regarding her relationship with the prostitute hustling Eliot Spitzer,

“Spitzer told CBS 2 HD about that time Kagan goaded him into a spaghetti eating contest. Spitzer gave up after eating seven bowls, but Kagan put the picture on the front page of the Princeton paper, no doubt with a ‘saucy’ headline.”

MSNBC’s Gabe Pressman reported on how Ms. Kagan’s nomination was a great victory for the Women’s Movement,
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We Have to Talk About Elena Kagan”


Gov Christie to NJ Supreme Court Justice: You’re Fired!

-By Warner Todd Huston

My favorite sentiment about the U.S. Supreme Court is from that rascal President Andrew Jackson. In 1832 the U.S. Supreme Court issued a decision in Worcester v. Georgia that Old Hickory wasn’t too happy with. In reply he is famous for the sentiment that the Court made its decision and proposed that “now let them enforce it.”*

Would that we had more Andrew Jacksons.

Well, perhaps we do have at least one. I nominate Governor Chris Christie for the Andrew Jackson award for 2010 because Christie is taking an extremely unusual measure for this day and age. He’s firing one of New Jersey’s Supreme Court Justices and appointing one of his own, one that will closer follow a more conservative path.

We need to see legislators exhibit a more adversarial relationship with the courts. You see, it wasn’t supposed to be that the courts ruled all they surveyed. Our system has been warped into imagining that the courts are the final word on everything. This was not supposed to be the way it worked. Courts were merely meant to read the law and adjudicate cases accordingly. And if a court ruled something un-constitutional, then it was then back in the legislature’s court to write a law that is Constitutional. Unfortunately, we’ve lost the idea that the legislatures and executives of our political system are supposed to fulfill their own roles as leaders and lawmakers. Unfortunately, they’ve all too often abdicated roles to the often unelected and unaccountable courts.
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Gov Christie to NJ Supreme Court Justice: You’re Fired!”


Congress? Who Needs ‘Em? Let Obama Pack the Supreme Court

-By Warner Todd Huston

The Philadelphia Inquirer published a reader feedback opinion editorial from reader Stan Isaacs that is as outlandish as it is indicative of the disregard for the American process that liberals all too often exhibit. It is proof once again that tradition, law, and any effort at legitimacy is wholly outside a liberal’s field of interest. Winning is all they care about, voters opinions and the rule of law be damned.

What sparked Mr. Isaacs’ interest is when he somehow stumbled upon the fact that the number of U.S. Supreme Court Justices is not set in stone in the Constitution. We now have nine justices but in the past have had fewer. What intrigued him is that the number of justices fluctuated because of politics. “Political issues accounted for the changes,” Isaacs gleefully reported.

In keeping with these “political issues,” Mr. Isaacs lit upon the ideal way to help Obama finally push his left-wing agenda. He advised President Obama to add three new justices to the SCOTUS, justices that will mindlessly adhere to the grand vision of the age of Obama and will rule accordingly. This is necessary, Isaacs thinks, because the court has proven an impediment to Obama’s grand socialist design. Worse, Congress has balked at Obama’s wholesale destruction of America and has resisted his attempts to turn America into a weaker, less free version of Europe. Issacs, you see, demands a recount.

Sadly, Isaacs doesn’t seem to have the first clue why Obama’s re-design of the United States hasn’t already barreled ahead unhindered. Worse, he doesn’t seem to care.
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Congress? Who Needs ‘Em? Let Obama Pack the Supreme Court”


New Hampshire Makes to Outlaw Federal Agents?

-By Warner Todd Huston

Imagine a state law that says that any federal agent that comes into said state and runs afoul of a new state law should be considered a felon! Well, that is what New Hampshire is about to do if HB1285 passes during the coming 2010 legislative session.

HB1285 is another one of those laws that exempts all firearms and firearms accessories that are made in a state from certain federal restrictions if they remain in that state. Several states have made attempts to implement these 10th Amendment laws and New Hampshire intends to be one of the next to do so.

Thus far Montana and Tennessee have passed their own firearms freedom acts and thirteen or so other states have introduced or are introducing laws that exempts local firearms industries and accessories as well as in-state firearms owners from overweening federal gun banning laws.
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New Hampshire Makes to Outlaw Federal Agents?”


Abortion Rates Rose in Illinois 2008

-By Warner Todd Huston

United Press International is reporting that abortion rates rose five percent in Illinois in 2008. Illinois doctors performed 47,717 abortions, the most in five years.

The state Department of Public Health reported 47,717 abortions in 2008, the latest year for which it has figures. In 1998, there were 49,403.

There is a law on the books that could bring this number down, of course, but extreme leftists and infanticide fans in the state have stalled its implementation over and over again. A Parental Notification Law for teens 17 and under was passed in 1995 and the left has been fighting it in court ever since. So far, every attempt they’ve made to have it declared unconstitutional has failed, yet each year they continue to find pliant, ant-constitutional judges to once again declare it “on hold” until its legal status can be “reviewed” and determined.
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Abortion Rates Rose in Illinois 2008″


Where Are You Frum, Anyway?

-By Warner Todd Huston

Canadian David Frum is like the cross-eyed marksman, he can see the target but just can’t ever hit it. The self-styled conservative has been the Old Media’s leading conservative in attacking, well, other conservatives. Naturally his Dec. 25 piece on theweek.com is no exception. Not only does he attack other conservatives, as is his wont, he so badly misreads the Constitution and certain other facts in the healthcare debate, it makes one wonder if he’s muffing it all on purpose? He does, however, get one salient fact right: the U.S. has already so ignored the U.S. Constitution that this socialist Obamacare plan will likely be declared wholly constitutional.

Frum’s latest frumble asks the question whether or not Obamacare is constitutional? He determines that it is constitutional mainly because Congress and multiple Supreme Courts have already ignored the Constitution so often as to make it likely they will all do so again to OK the illicit intrusion into our lives that is Obamacare.

OK, with his basic premise Frum is right. It is likely that our out-of-control federal establishment will again warp the Constitution to cover yet another socialist abomination. But how he gets to this conclusion is so filled with missteps that it is laughable and further this lapse of sense does not make it actually constitutional. It just makes it a done deal.
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Where Are You Frum, Anyway?”


Would Chicago Gun Rights Case Destroy Federalism?

-By Warner Todd Huston

For the Family Research Council, Ken Blackwell and Ken Klukowski warned in a Washington Times op ed that a case on gun rights that will soon come before the Supreme Court could “trigger the unhinging of American culture.” Not only do I think the pair went too far in their claim, I also think they missed several key reasons why their worst fear of the end of state’s rights and federalism is misplaced, even as their warning is well taken.

What Blackwell and Klukowski are worried about is that the upcoming McDonald v City of Chicago case could open a “Pandora’s box” of federal overreach to the point where any federal judge could override any state law and claim that it violates the Constitution’s Privileges or Immunities Clause. The two feel that if this challenge succeeds it could “completely change American culture, with the court having a new basis upon which to declare constitutional rights to abortion, same-sex marriage, obscene material or a child’s ‘right’ to a public-school education over his parents’ objections.”

The case is centered upon the legality of the City of Chicago to regulate away the rights of its citizens to own firearms and store them in their own homes. Of course anyone that cares about the Constitution should want McDonald to beat the City of Chicago and force the city to recognize its citizen’s 2nd Amendment rights to self-protection. But, the op ed warns that they way the McDonald lawyers are going about their challenge to Chicago could lead to undesired consequences.
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Would Chicago Gun Rights Case Destroy Federalism?”


Pelosi Health Care Bill Raises Taxes $730 Billion

-By Warner Todd Huston

From the Mark Kirk Campaign:

On Thursday, I introduced the Medical Rights and Reform Act (H.R. 3970) – a centrist alternative for health care reform that lowers costs and expands coverage without raising taxes.

When Speaker Pelosi unveiled the final version of her government health care bill (H.R. 3962), she told us it cost less than $900 billion. Hours later, the Congressional Budget Office reported the bill would actually cost $1.05 trillion.

Take a look at the following list of tax increases we found inside Speaker Pelosi’s 1,990-page bill — nearly $730 billion in new taxes on individuals and small businesses.

Top Ten Tax Increases Included In H.R. 3962
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Pelosi Health Care Bill Raises Taxes $730 Billion”


When Ideology Masks Ignorance

-By Frank Salvato

After giving a talk to a group of family values minded Freeport, Illinois area residents addressing three major threats facing the United States – which I term “The Perfect Storm,” and a solution to a problem that safeguards the US Constitution, I found myself personally and ideologically assailed by a letter-writer to a local newspaper, a Ms. Patricia Wemstrom. I take issue with her critique not only because she mischaracterized each and every point that I made at the event, but also because she wasn’t even in attendance.

The critique was caustic and hateful in nature:

“I am surprised by the hatred, bigotry and lack of knowledge expressed by Frank Salvato in the front page story of Oct. 18. (“Speaker Warns of Threats”) It seems to me the danger to this country rest not so much in ‘Radical Islam,’ but in people like Salvato.”

Such explosive rhetoric emanating from a person who wasn’t in attendance and who never attempted to contact me for any clarification leads me to believe – through the context of experience – that Ms. Wemstrom is not only of the Progressive or Liberal political ideology but, also, either uneducated on the issues, disingenuous and partisan in her approach, or both.

Although out of order of presentation I will attempt to clarify the misinformation presented by Ms. Wemstrom…in the interest of truth and education.
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When Ideology Masks Ignorance”


Obama’s Newest Racemongering Judge: California’s Edward Chen

-By Warner Todd Huston

President Obama has gone out of his way to “diversify” the federal bench with his spate of nominations of various minorities chief of which was his successful seating of the “wise Latina,’ Sonia Sotomayor, on the Supreme Court. Obama’s nominees* for 10 district court openings include four African-Americans, three Asian-Americans, one Latino and four women. One of those nominees, San Francisco U.S. Magistrate Judge Edward Chen, received a favorable vote in the Senate Judiciary Committee in Washington today.

So what sort of judge is Edward Chen? Well, for one, the left-wing American Bar Association rated Chen a “well qualified” nominee and many of his associates at the ACLU speak highly of him. As an ACLU lawyer, Chen was known for opposing English-only policies and for pushing discriminatory affirmative action ideals. He even came to the aid of gang members in one case. Chen was quite the ACLU activist between 1979 and 2001.

His ACLU history would suffice to make many wary of him, of course. But for a segment of America, working for the ACLU is not a disqualifier. So in order to judge Edward Chen one must look at his past. Discovering what Judge Chen thinks of the country upon which he apparently assumes to sit in judgment is a telling exercise. Sadly, it seems he has quite a low opinion of the nation that he will be serving.
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Obama’s Newest Racemongering Judge: California’s Edward Chen”


Ill. Supreme Court Gives Gun Owners a Small Victory

-By Warner Todd Huston

The Illinois Supreme Court has affirmed a decision by the Third District Appellate Court that ruled that the definition of a “case” for transporting a firearm does, indeed, include an automobile’s enclosed front seat console.

The current law provides for several ways that a firearm can be transported:

(4) Carries or possesses in any vehicle or concealed on or about his person except when on his land or in his own abode or fixed place of business any pistol, revolver, stun gun or taser or other firearm, except that this subsection (a) (4) does not apply to or affect transportation of weapons that meet one of the following conditions:
(i) are broken down in a non-functioning state; or
(ii) are not immediately accessible; or
(iii) are unloaded and enclosed in a case,firearm carrying box, shipping box, or other container by a person who has been issued a currently valid Firearm Owner’s Identification Card

IllinoisCarry.com celebrated the decision as a “huge win” for Illinois gun owners.

The case in question, People vs Diggins, involved the transportation of two unloaded firearms and two loaded magazines in the console of a vehicle driven by an individual in possession of a valid FOID card. In unanimous agreement the justices ruled the trial judge erred in denying defense the right to argue that a console is considered a “case” or “other container” under sec. 24 -1.4(c)iii and for instructing the jury that the console is not considered a “case”.

This ruling would also seem to resolve the question as to the legality of transporting unloaded hanguns in the glove box of a vehicle by IL citizens in possession of a valid FOID card.

Of course, the law still states that firearms must be carried outside of a vehicle in some sort of case specifically built for a firearm so one wonders exactly how practical this new interpretation of the law will be?

Still, this is a step in the right direction for curtailing the capriciousness of our absurdly strict gun transportation laws.
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Ill. Supreme Court Gives Gun Owners a Small Victory”


Why Conservatives Get Sandbagged By Liberals

-By Warner Todd Huston

A few weeks ago the Weekly Standard had a ridiculously hopeful editorial about how President Obama couldn’t possibly go any further to the left with his next SCOTUS pick because of the ideological basis upon which they sold Justice Sotomayor. For the Standard, Terry Eastland was sure that the logic by which Sotomayor was sold to the country would preclude a shift leftward for the next court pick. Unfortunately, Eastland proved once again that too many conservatives simply do not understand that liberalism does not rely on logic or consistency , it simply barrels forward with no heed to reason. You see, liberals are powermongers, not logicians. They only care about what wins not that their logic is consistent moment to moment. Eastland’s complete lack of understanding shows why conservatives are sideswiped by liberals every time.

Eastland’s main point was that during the confirmation process, Judge Sotomayor “dissented from her sponsor’s view of what a judge should be” by presenting her judicial philosophy as one based on a strict interpretation of the law. This, Eastland notes, is in stark contrast to President Obama’s apparently long-held belief that a judge needed “empathy” to be a good jurist.

Eastland notes that in 2005, then Senator Obama voted against the confirmation of Chief Justice John Roberts “precisely because… the nominee came up short on the empathy measure.” Eastland then points out that early in the four-day-long confirmation process Sotomayor began “separating herself from Obama on the matter of empathy” and that her testimony eventually made explicit the difference between the nominee and her patron on that point.
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Why Conservatives Get Sandbagged By Liberals”


The Two Faces of California’s Steve Poizner

-By Warner Todd Huston

As the next Governor of California gears up his – or her – campaign we are witnessing a near complete collapse of state government in the Golden State. It is a situation that the next governor will be faced with immediately, leaving not a second to celebrate victory.

There are some obvious solutions to what ails California: lower taxes, an end to the opulent welfare state, cutting off the free ride for illegals, an end to the free ride that unelected, overly powerful state employees unions have been allowed to attain, and the like, but the question is do any of the candidates on the Republican side have the backbone for the tough decisions that will have to be made before it’s too late… if it isn’t already.

When I first began to look at California’s GOP candidates for governor, I was heartened by the fact that the one Republican elected to state wide office had thrown his hat in the ring. Unfortunately, the closer I look at State Insurance Commissioner Steve Poizner, the more like a tax and spend Democrat he appears. It is becoming increasingly clear that Poizner does not represent the right direction for California, but more of the same failed liberal policies that have destroyed the state.
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The Two Faces of California’s Steve Poizner”