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The Courts, Criminal Justice & Tort Archive

Monday

10

May 2010

1

COMMENTS

Identity Politics Trumps Judicial Qualifications At NYT

Written by , Posted in Identity Politics, The Courts, Criminal Justice & Tort

On Saturday the New York Times printed a collection of op-eds from various “legal experts,” describing “the kind of justice the court needs.”  Here’s the list they came up with:

  • A Politician
  • A Veteran
  • A Young Person
  • An Evangelical
  • A Nonbeliver
  • An Immigrant
  • A Gay Person
  • An Asian
  • A State Politico
  • A Great Heart

The scourge of identity politics has so permeated our society that not a single one of these “legal experts” thought to recommend “A Good Judge.”

Friday

9

April 2010

3

COMMENTS

FCC Powergrab Slapped Down, Statists Apoplectic

Written by , Posted in The Courts, Criminal Justice & Tort

Unable to pass “net-neutrality” legislation through the normal democratic process, those looking to expand government control of our lives to one of the last remaining bastions of freedom, the internet, turned to the unelected bureaucrats at the FCC to take action.  Without statutory authority, they eagerly leapt forward to take charge of regulating the internet.  The courts have now rebuffed this illegal powergrab.

Net neutrality rules are a “solution” seeking a problem.  No one has shown any cause for why they are needed.  But that hasn’t stopped liberals from responding with doom and gloom to the courts rightful ruling that the FCC’s attempted reach exceeded its grasp.  Megan Tady, a Google lobbyist at the Huffington Post, calls the ruling “the biggest blow to our nation’s primary communications platform,” quixotically warned the courts not to “take away our internet.”  As if maintaining the exact same rules which has allowed the internet to grow and thrive would somehow suddenly threaten its very existence.  She didn’t bother to explain how that could be so.

The hyperventilating at Mother Jones was even worse.  There, we were ominously warned that the FCC is the “last hope” of the internet.  Give me a break.

The left just cannot believe that there is any mechanism other than government to provide institutional accountability.  There is and it’s called free choice.  Why do they have so little faith in American consumers that they assume anyone would tolerate censorship on the internet?  If a company were to block websites people want to see, then they would use a different company. Clean, simple, and no expensive government rules necessarily.

If you look at who actually practices censorship of the internet throughout the world, you’ll see that it is only governments.  Why are American liberals so intent to hand the wolves the keys to the hen house, under the guise of protecting the hens, when there isn’t even any evidence that they are in danger?

Friday

26

March 2010

0

COMMENTS

Precedent Be Damned

Written by , Posted in Health Care, Welfare & Entitlements, The Courts, Criminal Justice & Tort

The LA Times gloats that precedent is against the states seeking to protect their sovereignty in the face of Obamacare’s unconstitutional onslaught.

Reporting from Washington – Lawsuits from 14 states challenging the constitutionality of the new national healthcare law face an uphill battle, largely due to a far-reaching Supreme Court ruling in 2005 that upheld federal restrictions on home-grown marijuana in California.

At issue in that case — just like in the upcoming challenges to the healthcare overhaul — was the reach of the federal government’s power.

…They said the Constitution gave Congress nearly unlimited power to regulate the marketplace as part of its authority “to regulate commerce.”

…The decision throws up a significant hurdle for the lawsuit filed last week in federal court by 13 state attorneys — all but one a Republican. The Virginia attorney general filed a similar, but separate suit.

The article later got more ridiculous: “While the Bill of Rights put clear limits on the government’s power to interfere with an individual’s freedom of speech or free exercise of religion, the Constitution does not put clear limits on Congress’ power.”

Poppycock.

The Constitution puts quite clear limitations on the power of Congress. Namely, it gives Congress specific and enumerated powers and anything else is off limits. It can’t get any clearer. That the courts have gotten it wrong for 80 years at the behest of Progressives who fundamentally don’t like the Constitution doesn’t change this.

Even after the horribly decided Raich case, there’s still no clear precedent showing that Congress has the authority to force the purchase of a good. If they have such a power, then they have all powers and we’re no longer living in a Constitutional Republic.

Given the courts’ sorry history in the defense of liberty and constitutionality, I’m hardly holding my breath on these challenges. But to say that there is any precedent to support what this bill does is simply false. Even for a government with a history of overreaching, this is something new.

But even if the states don’t have precedent on their side, they have something better: the U.S. Constitution.

Wednesday

10

March 2010

1

COMMENTS

In Soviet Arizona, School District Sue You

Written by , Posted in Education, The Courts, Criminal Justice & Tort

The Congress Elementary School District in Arizona is tired of having to comply with open record laws, or deal with pesky residents that want to know what they’re doing.  The school district is now suing four residents on the basis that their lawful requests amount to “harassment.” No kidding:

The Congress Elementary School District claims that past efforts by these residents to obtain documents such as minutes of board meetings and spending reports amount to harassment that should not have to be tolerated.

But Jean Warren, one of the four defendants named in the lawsuit filed January 28, 2010, said the complaint is an illegal attempt to silence citizens who have questioned the district’s policies and spending practices.

The lawsuit says the defendants filed over 100 public records requests since 2002.  That’s barely 10 a year.  It then hyperventilates that it is contrary to the “public interest” to comply with the requests “filed by the Defendants on an almost daily basis.”

One hundred requests since 2002 is an almost daily basis?  No wonder kids can’t count.  They are being taught by morons – thuggish, tyrannical morons who think they have a right to lord it over children and parents alike without ever being questioned.

Thursday

4

March 2010

0

COMMENTS

Well, It Is The 9th Circuit

Written by , Posted in The Courts, Criminal Justice & Tort

An Obama judicial appointment has troubling views on the Constitution:

Liu opponents point to a number of his writings, including a book he co-authored in 2009 called “Keeping Faith with the Constitution,” in which the authors opine about their concept of judicial interpretation.

“Applications of constitutional text and principles must be open to adaptation and change … as the conditions and norms of our society become ever more distant from those of the Founding generation.”

That theme — that the Constitution’s text and principles must be adapted to changes in the world — repeats throughout the book and raises eyebrows among conservatives.

It is imperative to combat such dangerous views wherever they arise.  Yes, some principles change over time.  Others, including many captured by both the Declaration of Independence and the Constitution, are timeless.  But for those principles that might change, the Constitution provides a process for dealing with that: amendments.

It’s an entirely different beast to say that the application of the constitution changes.  The principles of the Constitution should be simply applied as they are.  Believing differently raises an obvious question, which in the end should reveal the fault of this view.  Who decides how the application changes?  The answer, as we have seen to our detriment over the last 80 years or so, is that the court decides.

Allowing the Supreme Court to bring the Constitution into alignment with changing principles removes the people from the democratic process.  This is why the Constitution was given an amendment process – so that it could maintain its principled timeliness, but still be of, by and for the people.constitution

Tuesday

2

March 2010

0

COMMENTS

McDonald v. City of Chicago Heard Today

Written by , Posted in Gun Rights, The Courts, Criminal Justice & Tort

The Supreme Court heard oral arguments in McDonald v. City of Chicago today.  The petitioners look to have Heller incorporated via the 14th Amendment and applied to the states.

Aside from this question, the case has also brought up the Privileges or Immunities Clause, which was long ago gutted by the Slaughter-House cases.  Gura and his libertarian faction have sought to overturn these cases and have the 2nd Amendment incorporated via Privileges or Immunities (Cato has a case for reviving P&I), while others have wanted to focus on the simpler case of using Due Process.

Based on accounts of the hearing today, the Court seems unlikely to revisit the Slaughter-House cases.  Thankfully, it is likely to incorporate via Due Process and finally extend 2nd Amendment protections to all Americans.second amendment

Update: Reason has more here and here.

Saturday

23

January 2010

0

COMMENTS

Understanding Liberal Rage Over Citizens United

Written by , Posted in Liberty & Limited Government, The Courts, Criminal Justice & Tort

On paper the Citizens United case has all the makings of a solid liberal issue. First Amendment protections, considered sacrosanct by the left when a reporter is leaking classified information, are strengthened for those speaking truth to power. Both the ACLU and AFL-CIO support the decision. So why are prominent liberals speaking out so vehemently against it?

It would be easy to chalk up liberal outrage to a general hatred for all things corporate. But is that enough to overcome what otherwise seems like a tailor-made liberal issue? After all, the ACLU said “[the prohibition on corporate speech] is facially unconstitutional under the First Amendment because it permits the suppression of core political speech.” Moreover, the corporate gains, which liberals might feel benefit the right, are offset by those of the unions and other liberal issue groups that benefit from the ruling just the same. The net political impact is thus neutral, suggesting that their opposition isn’t political in nature. Neither is it based on the merits. Rather, it is philosophical.

Consider the following reactions to the decision from the left. The New York Times editorialized the decision as a “blow to democracy,” and a “disastrous 5-to-4 ruling” that “has thrust politics back to the robber-baron era of the 19th century.” Talk about overwrought.

President Obama decried the “stampede of special interest money” that will somehow “[undermine] the influence of average Americans.” Senator Patrick Leahy warned that the decision would “change the course of our democracy.” And the ever-contemptible Rep. Alan Grayson must have been hyperventilating when he declared that “this is the worst Supreme Court decision since the Dred Scott case. It leads us all down the road to serfdom.”

As if these politicians aren’t bad enough, the liberal blogosphere is even worse, as frantic left-wing bloggers and their readers have been busy declaring an end to democracy as we know it ever since the ruling came down.

The apocalyptic – and not to mention apoplectic – nature of their criticism suggests an answer as to why the decision irks them so. Liberals think you are all idiots. American voters are simply too stupid to filter so much information and then reach the right decision. And as they well know, the right decision is unquestionably to adopt the liberal position. They, as the learned among us, know best and so ought to be the only ones allowed to tell you what you should think and why you should think it. That way you don’t get confused by all those other pesky views and opinions. One wonders how we ever survived as a nation before the great heroes John McCain and Russ Feingold came along to save us from ourselves.

At the heart of the liberal philosophy of government is a belief that people are too stupid to fend for themselves, manage their own affairs or vote for the right candidates. Democracy itself will be destroyed because of a few extra ads targeting voters before elections? Voters, it seems, just aren’t sophisticated enough to handle that much information.

Unfortunately for the left, the Constitution recognizes rights that all citizens have, regardless of how intelligent the editorial board of the New York Times thinks a person from Kansas really is. It turns out that “make no law” really means that “Congress shall make no law,” even if that law would advance the liberal agenda.

Cross-posted at Big Government.

Thursday

21

January 2010

0

COMMENTS

Victory For Free Speech

Written by , Posted in The Courts, Criminal Justice & Tort

The long awaited Citizens United decision has been handed down, and it appears to be a resounding victory for free speech!

From Volokh Conspiracy:

The Court held 5–4 that restrictions on independent corporate expenditures in political campaigns are unconstitutional, overruling Austin v. Michigan Chamber of Commerce and parts of McConnell v. FEC, and it upheld the disclosure requirements 8–1 (Thomas dissenting).  Justice Kennedy explained that the Court was overruling some of its prior decisions because it was not possible to rule in favor of the petitioners on narrower grounds without chilling protected political speech.  According to Justice Kennedy, the Court is re-embracing the principle that a speaker’s corporate identity is not a sufficient basis for suppressing political speech, as held in pre–Austin cases.  It would appear this holding applies equally to unions.

The media is predictably spinning it as “rolling back” and overturning “key campaign limits,” rather than as upholding First Amendment rights.

It will be some time before the jumble of partial concurrences and dissents is fully dissected.

Friday

15

January 2010

1

COMMENTS

Enough With The Insanity Over 'Sexting'

Written by , Posted in The Courts, Criminal Justice & Tort

A PA court might finally put a halt to some of the hysterical overreactions of adults to children being children.

A federal appeals court must decide whether “sexting” by three Pennsylvania teens amounts to child pornography or is a free-speech right.

A three-judge panel in Philadelphia is hearing arguments Friday in a case between a county prosecutor and the American Civil Liberties Union.

The prosecutor is threatening to file child-pornography charges against three girls after racy cell-phone images of them circulated through their high school. The photos show one girl topless and the others in bras.

The ACLU says the case is the first in the nation to challenge whether prosecutors can file child-pornography charges in “sexting” cases. It argues that harmless photos shouldn’t be criminalized.

Out of control prosecutors all across the country have been ruining the lives of children under the guise of protecting them from themselves.  In their fanatical, prosecutorial zeal, they seek to turn innocent mistakes into child pornography convictions that will forever label young boys and girls as predators, all for an activity that has no victim except (arguably) themselves.

This foolishness must stop.  Can you imagine if, before computers and cameras, kids were arrested for playing “I’ll show you mine if you show me yours?” That’s how insane this is.  Let’s hope the Pennsylvania court can inject a little sense into this entirely nonsensical behavior on the part of adults that should know better.

Thursday

14

January 2010

0

COMMENTS

Justice Sues New Jersey For “Racist” Police Test

Written by , Posted in Identity Politics, The Courts, Criminal Justice & Tort

When the city of New Haven tried discriminate against the police officers who passed their promotion test, because they weren’t appropriate ‘diverse’ for the PC crowd, the Supreme Court rightly struck it down.  Now, the Justice Department’s Civil Right Division is suing New Jersey for not discriminating on behalf of black and hispanic officers who don’t pass the written exam for promotion in the same numbers as white officers.  Though of course that’s not how they frame it.

The exam, a written test that New Jersey police officers must pass in order to advance to the rank of sergeant, quizzes candidates on state and local laws.

“This complaint should send a clear message to all public employers that employment practices with unlawful discriminatory impact on account of race or national origin will not be tolerated,” said Thomas Perez, assistant attorney general for the Civil Rights Division. “The Justice Department will take all necessary action to ensure that such discriminatory practices are eliminated and that the victims of such practices are made whole.”

Actually, what this complaint tells us is that it’s more important to bow at the alter of identity politics than to insure that police officers know and understand the laws which they are tasked to enforce.  Unless there is evidence that the test itself is inherently racist, i.e. that the questions somehow lend themselves to be answered better by white test takers than others, then there is no discrimination.  But there is no such evidence.

The entire argument of discrimination is based on nothing more than a few percentage points of difference between how white and minority candidates perform.

White officers pass the New Jersey test at a rate of 89 percent, as opposed to 77 percent of Hispanic candidates and 73 percent of African-American candidates.

So what? What percentage of right-handed and left-handed people pass the test?  What percentage of blondes and brunettes?  How is race any more relevant to understanding the law than these entirely superficial characteristics?  The fact of the matter is that races are not taking the test – individuals are.  Individuals who study and know the material pass, while individuals who are not prepared or sufficiently well versed in the law fail. Those who fail should not be promoted. Dicing these individuals into artificial categories and comparing passing percentages is entirely meaningless.

“Our suit does not have an issue with a written exam period, but we do believe it has a disparate impact on African-American and Hispanic candidates,” Alejandro Miyar, a spokesman at the Justice Department Civil Rights Division, told The Daily Caller.

Disparate impact is a little-known legal term that describes an employment practice that isn’t intentionally discriminatory, but which results in a discriminatory outcome. It is forbidden under Title VII of the Civil Rights Act of 1964. Disparate impact was first described by the Supreme Court in the 1971 case Griggs v. Duke Power Co. which found that “good intent or absence of discriminatory intent does not redeem employment procedures or testing mechanisms that operate as ‘built-in headwinds’ for minority groups and are unrelated to measuring job capability.”

One would think that understanding the law goes to the heart of measuring the job capacity of police officers.