-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?”
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.
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.
Remember when Barack Hussein Obama first became president and the left-wing Old Media universally indulged the claim that he was “
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.”*
The Philadelphia Inquirer published a
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
United Press International is
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,
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 