Supreme Court

Barack Obama - Congress - Conservatives - Constitution - Democrats/Leftists - Free Trade - Journalism - Judges - Liberals - Media Bias - President - Society/Culture - Supreme Court - Thomas Brewton

The Supreme Court And The Commerce Clause

July 20, 2009 by

-By Thomas E. Brewton

The Constitution’s commerce clause has been stretched beyond recognition to justify traveling the road to tyranny by obliterating the 9th and 10th Amendments in the Bill of Rights.

The Constitution’s Article I, Section. 8 says, inter alia:

“The Congress shall have Power…To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes…”

In the hearing for Supreme Court nominee Sonia Sotomayor, she was asked to comment upon the Constitution’s commerce clause. Senator Dianne Feinstein inquired about the extent to which the Court can restrain Congress’s use of the commerce clause to regulate anything and everything it lays eyes upon. As Senator Feinstein noted, that will become particularly important as Congress and executive branch regulatory bodies embark upon procrustean regulations under President Obama’s proposed “green” legislation.
Continue reading “

The Supreme Court And The Commerce Clause”

Barack Obama - Congress - Democrats/Leftists - John Armor - Judges - Liberals - President - Society/Culture - Supreme Court - The Law

Judge Sonia Sotomayor: Liar?

July 18, 2009 by

-By John Armor

Here is what Judge Sotomayor said in her opening statement to the Senate Judiciary Committee yesterday. She said, “my judicial philosophy… is simple: fidelity to the law. The task of a judge is not to make the law — it is to apply the law.”

On seven occasions, one by example in an opinion, she made clear an opposite opinion, that the outcome of a case decided by a judge of her style of decision-making, can and should be varied according to the “experience” of the judge. She wrote and published, “a wise Latina woman with the richness of her experience would more often than not reach a better conclusion that a while male who hasn’t lived that life.”
Continue reading “

Judge Sonia Sotomayor: Liar?”

Barack Obama - Congress - Democrats/Leftists - Journalism - Judges - Liberals - Media Bias - President - Race - Society/Culture - Supreme Court - The Law - Warner Todd Huston

CNN’s Analysis, Sotomayor a ‘Cautious and Careful Liberal,’ is Left Rhetoric Exemplified

July 14, 2009 by

-By Warner Todd Huston

If you want to see how liberals in the media “do” their thing, nothing has been a better example than the analysis by CNN’s Jeffery Toobin. We’ve highlighted some on-air work of his Sotomayor coverage, but he also has a written piece on CNN.com that is a perfect example of how the left spins rhetoric to legitimize leftist precepts.

In his July 13 piece, for instance, Toobin calls Sotomayor a “cautious and careful liberal” like Ginsburg and Breyer. So, it makes one wonder, has Toobin ever called anyone on the right a “cautious and careful conservative”?

Continue reading “

CNN’s Analysis, Sotomayor a ‘Cautious and Careful Liberal,’ is Left Rhetoric Exemplified”

Anti-Americanism - Barack Obama - Congress - Constitution - Democrats/Leftists - Founders - Judges - Liberals - Media Bias - Rights - Socialism - Society/Culture - Supreme Court - The Law - Thomas Brewton

A New 4th of July Declaration of Independence

July 5, 2009 by

-By Thomas E. Brewton

The 1776 Declaration was a resolution to throw off the tyranny of big government.

Borrowing from the 1776 document, the history of the present political administration is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute socialist tyranny over these states. When a long train of abuses and usurpations, pursuing invariably the same object evinces a design to reduce us under absolute despotism, it is our right, it is our duty, to throw off such government, and to provide new guards for our future security.

Democrat/Socialists have made judges dependent upon their ideological will alone. They have erected a multitude of new offices, and sent hither swarms of officers to harass our people, and eat out our substance. To support socialist labor unions they have threatened to cut off our trade with all parts of the world. They have altered fundamentally the forms of our government. They propose, for specious, scientistic purposes, to destroy major mining and manufacturing industries.
Continue reading “

A New 4th of July Declaration of Independence”

Barack Obama - Congress - Constitution - Democrats/Leftists - Education - Judges - Liberals - President - Society/Culture - Supreme Court - The Law - Warner Todd Huston

Obama’s Racist Judge

June 30, 2009 by

-By Warner Todd Huston

Soon the Senate will take up the cause of President Obama’s nomination of Sonia Sotomayor to the United States Supreme Court. In the news this week, one of her decisions that appeared before the current court was reversed. With Sotomayor in the news, then, it is time to look her over once again. It must be said, though, that any close scrutiny finds her wanting.

To begin with, it’s shocking that President Obma has nominated for a spot on the Supreme Court a judge whose decisions have been reversed or rejected in five out of the six times her cases appeared before that august body. Additionally and by her own admission, she was admitted to Princeton ahead of other law students as a result of affirmative action despite having lower grades. She once gleefully called herself a “perfect affirmative action baby,” even as her grades were “highly questionable.”

“My test scores were not comparable to that of my colleagues at Princeton or Yale,” Sotomayor once said on a discussion panel during an event sponsored by a non-profit law organization in the 1990s.

Continue reading “

Obama’s Racist Judge”

Barack Obama - Congress - Constitution - Democrats/Leftists - Founders - History - Journalism - Judges - Liberals - President - Society/Culture - Supreme Court - The Law - Thomas Brewton

Ivy League Realism

June 24, 2009 by

-By Thomas E. Brewton

The social justice views of Supreme Court nominee Sonia Sotomayor have deep roots.

Several recent articles in both liberal-progressive and conservative media attributed Judge Sonia Sotomayor’s interpretation of the law to the doctrine of legal realism. Specifically mentioned in that connection was 1920s and 30s legal scholar Jerome Frank.

In fact, Mr. Frank was just one voice, although a prominent one, among many legal scholars who articulated the doctrine of legal realism. That doctrine’s genesis goes back to Oliver Wendell Holmes, Jr.’s 1881 lectures at Harvard law School, later published as The Common Law. Holmes in 1902 was elevated to the Supreme Court by President Theodore Roosevelt, a Harvard graduate and early member of the Eastern liberal-progressive establishment.
Continue reading “

Ivy League Realism”

Anti-Americanism - Barack Obama - Constitution - Democrats/Leftists - Education - John Armor - Judges - Liberals - Media Bias - President - Race - Society/Culture - Supreme Court

Sotomayor, Thomas, Twain, and the NY Times

June 11, 2009 by 1 Comment

-By John Armor

One of Mark Twain’s well-known quotes is this: “There are lies, damned lies, and statistics.” The humor works because it is based on truth. We all know there are those who play games with statistics to support a false conclusion. One of Twain’s own examples was that “the number of Methodists and murderers is rising at the same rate in the Nebraska Territory.” That “proved,” of course, that Methodists are murderers.

It is also possible, however, to present a lie by constructing a discussion with nothing but hard, provable facts. The New York Times demonstrated that fact today (Sunday) with a frontpage, above the fold article comparing Sonia Sotomayor, nominee to be a Justice on the Supreme Court, with Clarence Thomas, who has been a Justice since 1991. The title of that article is, “For Sotomayor and Thomas, Paths Fork at Race and Identity.”

I have read extensively on the backgrounds of Justice Thomas and Judge Sotomayor. I am satisfied that almost all of the facts about the childhoods, educations, writings and careers of these two judges in this article are accurate. It is true, as the article states, that both suffered great racial prejudice at all stages in their lives. It is true that they reacted somewhat differently to that prejudice.
Continue reading “

Sotomayor, Thomas, Twain, and the NY Times”

Anti-Americanism - Crime - Democrats/Leftists - Judges - Liberals - Society/Culture - Supreme Court - Warner Todd Huston

Lawyers Proving the ‘Slippery Slope’ is Real

June 7, 2009 by 2 Comments

-By Warner Todd Huston

If you’ve spent any time at all on Internet message boards or in college debate class you’ll have seen the rafters vibrate with righteous condemnation against the “slippery slope argument.” It is claimed that a worst case, ultimate extrapolation of a thing is a bad argument because it isn’t necessarily a truism. Supporters of the Second Amendment, for instance, are scolded by liberals when the supporter says that any new gun law is “one more step to banning guns.” The gun restricter says that the gun supporter is employing a “slippery slope” argument and that it is idiotic to claim that one new law must mean that a gun ban is the ultimate outcome. One doesn’t necessarily follow the other.

It is a logical conclusion, of course, that one step won’t necessarily lead to a series of other steps. But, humanity isn’t ruled by logic and those small steps that ultimately lead down the road to ruin are far more common than not. Here is another example of how one step led to another to bad effect and, as is far too often the case, the situation at hand was made in the arena of the law. And recently that slope descended even further down that road to hell.

Continue reading “

Lawyers Proving the ‘Slippery Slope’ is Real”

Anti-Americanism - Barack Obama - Business - Constitution - Democrats/Leftists - History - John Armor - Judges - Liberals - Military - Morals/Sex - Race - Religion - Society/Culture - Supreme Court - The Law

An Open Letter to Sonia Sotomayor

June 1, 2009 by

-By John Armor

Dear Sonia, May I call you Sonia? We’ve just met but I feel I’ve known you forever, because of your “compelling story.” I’m an elderly, white male who’s a lawyer. But wait, I’m not that dull and dismissible. I’ve had my “story” moments.

Remember that psychologists’ list of the ten worst things that can happen to a person? Losing your job, or house, getting divorced, going bankrupt, facing death, burying a child. You know, nasty stuff. I’ve been through almost everything on that list, some more than once. You pick yourself up and continue on as best you can. Big whoop.

Having a “story” does not qualify anyone for the Supreme Court (or other high offices). Here are some examples. There have been four men who fit the following definition: They were born in humble circumstances, far from the centers of power in their nations. They suffered many losses and defeats in their early careers. Still, each of them became the leaders of their nations at a time when their nations faced potentially fatal wars.
Continue reading “

An Open Letter to Sonia Sotomayor”

Anti-Americanism - Barack Obama - Business - Communism - Conservatives - Constitution - Democrats/Leftists - Economy/Finances - Liberals - President - Society/Culture - Supreme Court - The Law - Unions - Warner Todd Huston

Could Obama’s Left Wing Flap him to Death?

May 30, 2009 by

-By Warner Todd Huston

Naturally from our vantage point, Barack Obama is a left-wing terror as president. To name just a few things, he is turning our system from one of capitalism to one of socialism, he is attempting to undermine the Constitution by placing an activist on the Supreme Court, he is weakening our national security by frittering away the gains of the previous administration and by bending over backwards for our enemies while constantly flipping off our allies, he is looking to destroy our national healthcare system by introducing a disastrous single payer system, and he is attempting to give anti-business unions the power to destroy what is left of the business community that he himself hasn’t gotten around to crushing as of yet. We on the right are alarmed by his trip down the ruinous road that Europe has already well traveled to rueful results.

One would think that the American left (or the anti-American left as the case may be) would be thrilled that their most fantasized about social, political, and economic sledgehammers were being wielded by their Obammessiah. But, one might be surprised to see that the extremists on the left are beginning to rumble in seething anger over the fact that, to date, Obama hasn’t gone fast enough or far enough to the extreme left to suit them. One of these wild-eyed, bomb-throwers has even just called for his resignation.

So, are we beginning to see waning the far left’s love affair with The One? Might this disappointment turn into the sort of lefty outrage that it did with Lyndon Baines Johnson? Will Barack Obama’s left wing flap him to death?

Continue reading “

Could Obama’s Left Wing Flap him to Death?”

Barack Obama - Conservatives - Democrats/Leftists - Feminism - Judges - Liberals - Media Bias - President - Society/Culture - Supreme Court - The Law - Warner Todd Huston

Unprofessionalism at the Boston Herald: White Men Attacked

May 30, 2009 by

-By Warner Todd Huston

Margery Eagan of the Boston Herald has done it again. She’s unleashed her deathless prose filled with soaring rhetoric and high concepts all revealing her infinite sagacity. OK, that was just sarcasm. In truth, Eagan has given us another example of the sort of low-end, guttural, sputterings that we have become so used to seeing drip like sour milk from her pen. Her latest Boston Herald piece is a prime example of the unprofessionalism that pervades her work.

In a posting titled “Men in throes of Supreme panic,” Eagan gets into her best name calling mode against all those eeeevil “white men” out there that might find reason to oppose President Obama’s nomination of Sonia Sotomayor, a woman well known for positing that female Hispanics are inherently better judges than white men — a sentiment that if reversed would be considered a racist statement.

Continue reading “

Unprofessionalism at the Boston Herald: White Men Attacked”

Anti-Americanism - Barack Obama - Constitution - Democrats/Leftists - Feminism - Judges - Liberals - Media Bias - Society/Culture - Supreme Court - The Law - Warner Todd Huston

Conservatives: Oppose Sotomayor at Your Own Risk?

May 27, 2009 by

-By Warner Todd Huston

A few of our newly minted spokesmen for all those seemingly ubiquitous new Republican moderates out there are starting to say that if we oppose Sotomayor, we do so at our own risk. By this they mean that if we are seen to oppose a strong Hispanic woman we will be hurting our chances further with Hispanic voters. To this one can only say poppycock. Sotomayor should be opposed and vigorously but not because of anything other than her rather un-judicial judicial philosophy.

No one, not one conservative commentator or politician, cares a whit that Sotomayor is Hispanic. There simply is no expectation of opposing her because she is of Latino heritage. And so, because of this, there should be no reason whatever to shy from criticizing her qualifications and philosophy. Further, to allow moderates on our side or anyone on the left to equate our opposition to a racial objection is illegitimate and should be vociferously denied.

Continue reading “

Conservatives: Oppose Sotomayor at Your Own Risk?”

Anti-Americanism - Communism - Constitution - Crime - Democrats/Leftists - Europe - Israel - Judges - Liberals - Rights - Security/Safety - Socialism - Society/Culture - Supreme Court - UN - Warner Todd Huston

International Busy Body Laws Waning?

May 21, 2009 by

-By Warner Todd Huston

Are we beginning to see the first cracks in the idea of “universal jurisdiction,” the international busy body “law” that said that any nation can arrest the leaders of any other nation and try them for “war crimes”? Let us hope we are, at least.

Now, I’ve always contended that the Nuremberg trials of Nazi war criminals was a mistake. Not because those Nazi scum were innocent, far from it. But, rather, because it set a bad precedent that contended that the “international community” was qualified to capture, prosecute, and punish “war criminals.” This entire concept is made to order if one wants to destroy national sovereignty but not for one much interested in the rule of law. In fact, it is a direct assault on any rule of law because it invites the capricious rule of the mob (by reflecting current world opinion) on just who is and who is not a “war criminal.” Not to mention that the assumption that a world body can make these determinations must as a matter of course preclude any power over its own people by the individual nations involved. The determination of the “world community” will and must supersede national legal rulings — unless those rulings happen to agree with that world opinion which only makes the national decision at best perfunctory and certainly pointless.

Continue reading “

International Busy Body Laws Waning?”

Anti-Americanism - Barack Obama - Democrats/Leftists - Free Speech - John Armor - Judges - Liberals - Race - Religion - Rights - Security/Safety - Society/Culture - Supreme Court - The Law

Want Another Bigot on the Court? You Got It.

May 13, 2009 by

-By John Armor

Sometimes even when you attend an event, and take part in it, it still takes time to understand it. I had the honor to speak at the Knoxville Tea Party, as Ben Franklin, a printer from Philadelphia. The visible, massive driving force for that and all 750+ Tea Parties with 1+ million people in attendance was taxes. But the real issue was larger and deeper than taxes.

When the mainstream media attempt to deal seriously with this phenomenon, they phrase it as “conservative” as opposed to “liberal.” Sometimes it’s no such thing. The Tea Parties are related to the present issue of the “rebranding” of the Republican Party.

Long ago, when ice covered the Earth and the last dinosaurs were staggering to their deaths, I was in advertising. “Rebranding” meant putting a new name and a new slogan on an old product that the people demonstrably did not want. That change was intended to market the goods despite endemic defects.
Continue reading “

Want Another Bigot on the Court? You Got It.”

Abortion - Anti-Americanism - Congress - Constitution - Democrats/Leftists - Founders - GOP - Judges - Liberals - Society/Culture - Supreme Court - The Law - Warner Todd Huston

Did Sessions Say Abortion is Not a Problem for Judicial Candidates?

May 7, 2009 by

-By Warner Todd Huston

Michael O’Brien over at The Hill reports that Senator Jeff Sessions (R, Ala.) told Fox News recently that he had no litmus test on abortion for judicial candidates and that a judge that had pro-abortion views could get his vote for confirmation.

This might alarm anyone that is vehemently anti-abortion. It should also alarm all those conservatives that pushed for Senator Sessions to be made the ranking member of the Senate Judiciary Committee.

…but hold your outrage for just a minute. Let’s more closely look at what he said.

Continue reading “

Did Sessions Say Abortion is Not a Problem for Judicial Candidates?”

Anti-Americanism - Communism - Congress - Conservatives - Constitution - Crime - Democrats/Leftists - Economy/Finances - Education - Elections - Entertainment - Environment - Family - Founders - Free Speech - Freedom - History - Hollywood - Islam - Islamofascism - Judges - Liberals - Media Bias - Military - Morals/Sex - Patriotism - President - Race - Religion - Security/Safety - Socialism - Society/Culture - Supreme Court - The Law - Warner Todd Huston - Welfare

My Latest Video: I am a Tired American

May 3, 2009 by

-By Warner Todd Huston

Are you sick and tired of the anti-Americanism that surrounds you? Watch this and know you aren’t alone.

History - Islam - Islamofascism - Liberals - Republicans - Security/Safety - Society/Culture - Supreme Court - Warner Todd Huston

Condi Rice Schools a College Punk

May 1, 2009 by

-By Warner Todd Huston

She nailed him to the floor. Whoever this kid was he was filled with generalities and naivete.

Some highlights:

“You don’t have the luxury in foreign policy of saying ‘alright I won’t deal with that country because I don’t like its human rights record.'”

“Foreign policy is full of tough choices, very tough choices. The world is not a bunch of easy choices in which you get to make ones that always feel good.”

“(We did) nothing that violates our obligations against torture. By definition, if it was authorized by the president it did not violate our obligations against torture.” (as defined by the Justice Department)

(H/T Bob Parks of BlackAndRight.com)

Anti-Americanism - Conservatives - Constitution - Democrats/Leftists - Founders - Judges - Liberals - Selwyn Duke - Socialism - Society/Culture - Supreme Court - The Law

Why the Law is Foreign to Ginsberg

May 1, 2009 by

-By Selwyn Duke

There is an old saying, “A man who is capable of deceiving only others is not nearly as dangerous as a man who is capable of deceiving himself.” Truer words were never spoken. When a person lies, he is deceiving others about reality, but at least knows he is engaging in deception. But when someone rationalizes – which is when you lie to yourself – he is truly lost. He then not only bends reality for others as a by-product of bending it for himself, but he can render untruths without having to lie. This is because a lie is when you tell an untruth knowing it’s untrue. It’s much like when the ever-prevaricating George Costanza character on Seinfeld gave his advice for beating a polygraph machine, “just remember . . . it’s not a lie if you believe it.”

I think of this when I hear Supreme Court Justice Ruth Bader-Ginsberg tout the use of foreign law by American judges sworn to uphold the Constitution – that would be our constitution. Speaking about this recently at Ohio State University’s Moritz College of Law, she said,
Continue reading “

Why the Law is Foreign to Ginsberg”

Constitution - Crime - Democrats/Leftists - Judges - Liberals - Rights - Security/Safety - Society/Culture - Supreme Court - The Law - Warner Todd Huston

Justice Ginsberg Would Rather be Liked by Foreigners Than be Right

April 13, 2009 by

-By Warner Todd Huston

Ever since Justice Sandra Day O’Connor began babbling about it several years ago, the talk of Supreme Court Justices of the United States of America using foreign court rulings to base their decisions upon has been a topic of dread for those interested in adhering to the U.S. Constitution.

It should be shocking to see a U.S. Supreme Justice talking about using foreign precedent but it would sadly not surprise anyone that Justice Ruth Bader Ginsburg, former ACLU lawyer, is doing just that. Not only is she bringing up the subject but she professes not to understand why any American would be upset that a SCOTUS Justice might see nothing wrong with using foreign court decisions to decide our own rulings.

Continue reading “

Justice Ginsberg Would Rather be Liked by Foreigners Than be Right”