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Donald Trump Will Be The Next President of The United States

Donald Trump Will Be The Next President of The United States

I prayed for our country today and for Jesus to guide the American people to make the right choice in this years election. The very obvious choice between good and evil today! Kill Your Cable Bill! Just $2 a month Knowing this, there is no question with the corruption, lies and out right criminal activity being exposed by Hillary Clinton, who is evil! But then when you look at the lack of morals, the massive corruption and assault on … Read entire article »

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Senator Cruz’s Point of Order

There has been some confusion about the point of order that Senator Ted Cruz raised against the omnibus spending bill on Saturday. For example, Michael Gerson, in his Washington Post column today that is critical of Cruz, says that Cruz “demanded a ‘point of order’ vote on whether Obama’s executive order [on immigration] was constitutional.” But, as Cruz himself explained, his point of order was “targeted … specifically to the DHS funding that the President has announced will be spent unconstitutionally.” Kill Your Cable Bill! Just $2 a month In other words, Cruz couldn’t raise a point of order directly against Obama’s actions on immigration. He instead raised it against that portion of the pending legislation that provided “DHS funding that the President has announced will be spent unconstitutionally.” His point of … Read entire article »

Filed under: From the Bench, Overstepping Legislation, Politics, To Many Laws

Investigate the Ninth Circuit’s Case Assignments

This column of mine appears today on the front page of both the San Francisco Daily Journal and the Los Angeles Daily Journal (sister publications that are the leading legal newspapers in California). In the column, I review evidence suggesting that the Ninth Circuit’s process for assigning judges to cases has been abused for ideological purposes, and I call on the Ninth Circuit to act responsibly: Kill Your Cable Bill! Just $2 a month Having operated a system that allows for abuses, the 9th Circuit owes it to the public to conduct a thorough investigation into how its case-assignment process has in fact operated. That investigation, preferably assigned to an outsider, should require information from clerk’s office staff as well as from the various chief judges over the years. Among other things, … Read entire article »

Filed under: From the Bench, Overstepping Legislation, Politics, To Many Laws

The New Senate Judiciary Committee

In January, the Senate Judiciary Committee will swing from a 10-8 Democrat-to-Republican advantage to an 11-9 Republican to Democrat advantage. Here are the eleven Republicans: Kill Your Cable Bill! Just $2 a month Chuck Grassley, Iowa (presumptive chairman) Orrin Hatch, Utah Jeff Sessions, Alabama Lindsey Graham, South Carolina John Cornyn, Texas Mike Lee, Utah Ted Cruz, Texas Jeff Flake, Arizona David Vitter, Louisiana David Perdue, Georgia Thom Tillis, North Carolina Vitter, Perdue and Tillis are new to the committee (and Perdue and Tillis are new to the Senate).  These assignments are still subject to ratification by the Republican Conference and the full Senate.  (adsbygoogle = window.adsbygoogle || []).push({}); Read more CompleteThe New Senate Judiciary Committee … Read entire article »

Filed under: From the Bench, Overstepping Legislation, Politics, To Many Laws

Re: The Eighth Amendment and Sex-Reassignment Surgery

Back in January, I discussed a divided First Circuit panel ruling that affirmed a district-court order holding that the Eighth Amendment’s bar on cruel and unusual punishments requires the Massachusetts prison system to provide sex-reassignment surgery to a prisoner. Today, the en banc First Circuit, by a 3-2 vote, rejected the panel ruling and reversed the district court. Kill Your Cable Bill! Just $2 a month The First Circuit has only six active judges, and its newest judge, David Barron, did not take part in the case (perhaps because he joined the court in the midst of the en banc process). Judge Juan Torruella, who dissented from the panel ruling, wrote the en banc majority and was joined by chief judge Sandra Lynch and Jeffrey Howard. In dissent were the two … Read entire article »

Filed under: From the Bench, Overstepping Legislation, Politics, To Many Laws

“The Crumbling Gender Binary”

Earlier this week, I passed along news of the First Circuit’s en banc ruling holding that the Eighth Amendment does not require the Massachusetts prison system to provide sex-reassignment surgery to a prisoner. I hadn’t noticed at the time how histrionic Judge O. Rogeriee Thompson’s dissent—especially her closing paragraph—is. Kill Your Cable Bill! Just $2 a month Thompson states that she is “confident that this decision will not stand the test of time, ultimately being shelved with the likes of Plessy v. Ferguson … and Korematsu v. United States.” Her litany of how “damaging” the ruling is culminates in the charge that it will—hold on to your seats!—“enable[] correctional systems to further postpone their adjustment to the crumbling gender binary.” (adsbygoogle = window.adsbygoogle || []).push({}); Yes, both Thompson and William Kayatta, who joined her … Read entire article »

Filed under: From the Bench, Overstepping Legislation, Politics, To Many Laws

The Next Attorney General Should Make Sure This Never Happens Again

Nobody knows the heavy hand of government better than its targets. Its awesome power and resources must only be deployed with honor and integrity. Unfortunately, the current administration has often elevated political expedience above principle. As President Obama’s nominee for attorney general, Ms. Loretta Lynch, goes to Capitol Hill, she should be required to answer how she plans to ensure that DOJ lawyers resist the temptation to abuse their dominant position. Kill Your Cable Bill! Just $2 a month Case in point. Kathleen Parker’s column in the Washington Post today describes a horrific series of abuses by state and federal prosecutors in litigation against defendants selected apparently for their deep pockets. Here’s the short version, as described by the trial court last February. The “Moonlight Fire” broke out in 2007, burning approximately 65,000 acres over several … Read entire article »

Filed under: From the Bench, Overstepping Legislation, Politics, To Many Laws

DOJ Changes Sides on Transgender Cases

Attorney General Eric Holder has instructed the Department of Justice to take the position from now on that Title VII of the 1964 Civil Rights Act, which makes it illegal for employers to discriminate against individuals on the basis of their “sex” (among other things), thereby makes it illegal to discriminate on the basis of “gender identity, including transgender status.”  The memo acknowledges that “Congress may not have had such claims in mind when it enacted Title VII” — my nomination for understatement of the year — but that the “plain text” of the statute is best interpreted that way. The Justice Department acknowledges that it is switching sides on this issue. Kill Your Cable Bill! Just $2 a month Read more CompleteDOJ Changes Sides on Transgender Cases … Read entire article »

Filed under: From the Bench, Overstepping Legislation, Politics, To Many Laws

Judicial Restraint Undetectable by Ultrasound?

Fourth Circuit judge (and Reagan appointee) J. Harvie Wilkinson III presents himself as a champion of judicial restraint, so I’m surprised and disappointed to read his panel opinion yesterday holding that a North Carolina statute that (in his summary) “requires physicians to perform an ultrasound, display the sonogram, and describe the fetus to women seeking abortions” violates the First Amendment speech rights of abortionists. Kill Your Cable Bill! Just $2 a month To be clear, I am certainly not maintaining that principles of judicial restraint always forbid striking down legislation. What, on first read at least, I find troubling is that Wilkinson, adopting a vague and manipulable standard of review, seems to make all sorts of unforced twists and turns to reach his destination. In so doing, he rejects contrary rulings … Read entire article »

Filed under: From the Bench, Overstepping Legislation, Politics, To Many Laws

This Day in Liberal Judicial Activism—December 23

1996—In Coalition for Economic Equity v. Wilson, federal district judge Thelton Henderson issues a preliminary injunction barring California officials “from implementing or enforcing Proposition 209 insofar as said amendment to the Constitution of the State of California purports to prohibit or affect affirmative action programs in public employment, public education or public contracting.” Kill Your Cable Bill! Just $2 a month Adopted by California voters in the November 1996 election, Proposition 209 provides that the state “shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting.” Among other things, Henderson rules that the challengers to Proposition 209 “have demonstrated a probability of success on their claim that … Read entire article »

Filed under: From the Bench, Overstepping Legislation, Politics, To Many Laws

This Day in Liberal Judicial Activism—January 1

2015—Happy New Year! Welcome to another year of This Day in Liberal Judicial Activism. Kill Your Cable Bill! Just $2 a month   (adsbygoogle = window.adsbygoogle || []).push({}); I assure longtime readers that you’ll find plenty of new content this year. Plus, the permanent collection should serve as a useful reminder of how dominant liberal judicial activism is in our legal culture. Get Select TV + Free HD TV Antenna + Entertainment Bundle   Let’s hope against hope that this New Year won’t provide additional material for further This Day posts. Read more CompleteThis Day in Liberal Judicial Activism—January 1 … Read entire article »

Filed under: From the Bench, Overstepping Legislation, Politics, To Many Laws

How to Prepare for Victory in Obamacare Exchange-Subsidies Case

In an op-ed in today’s Wall Street Journal, my Ethics and Public Policy Center colleagues Yuval Levin and Jim Capretta highlight the “urgent challenge” that the prospect of a Supreme Court victory in King v. Burwell poses for us Obamacare opponents. If the Supreme Court rules that subsidies are not available for individuals who buy health insurance through the federal exchange, Kill Your Cable Bill! Just $2 a month about four million individuals who are currently receiving these subsidies would lose them. For these people, the highly regulated and expensive coverage mandated by the law’s insurance rules might not be affordable. Governors and legislators in those 36 states that declined to set up exchanges may confront intense pressure to quickly restore access to subsidies.    Yuval and Jim urge congressional Republicans to … Read entire article »

Filed under: From the Bench, Overstepping Legislation, Politics, To Many Laws

Some Light Holiday Reading on Overcriminalization (Really!)

Just this week, the Federalist Society’s publication Engage published an excellent article by Hon. Ronald A. Cass called Overcriminalization: Administrative Regulation, Prosecutorial Discretion, and the Rule of Law. It’s an interesting treatment of the distinctions between criminal law enforcement and administrative law and their implications for overcriminalization reform. The paper is well worth reading. Kill Your Cable Bill! Just $2 a month From the conclusion: Growing numbers of federal crimes, driven largely by the immense number of administrative rules that are criminally enforceable, have created a serious problem for anyone committed to the rule of law.  The typical prosecution may be justified and the typical prosecutor may be well behaved, but changes in the law have increased the risk of prosecutors bringing charges against people who have done nothing wrong, or nothing seriously … Read entire article »

Filed under: From the Bench, Overstepping Legislation, Politics, To Many Laws

Obama's Judicial Legacy

Last night, the Senate confirmed more of President Obama’s judicial nominees as some of its last business for the year.  Yet even before last night’s confirmations, President Obama had already ensured that he would have a significant impact on the federal courts.  Indeed, his effect on the courts could be his most significant legacy.  As the Huffington Post reports: Kill Your Cable Bill! Just $2 a month In its final act of the year, the Senate blew through a dozen U.S. district court nominees on Tuesday night. That puts Obama at a whopping 89 district court and circuit court confirmations for the year, and means he’ll wrap up his sixth year in office with a grand total of 305 district court and circuit court confirmations — a tally that puts him well beyond … Read entire article »

Filed under: From the Bench, Overstepping Legislation, Politics, To Many Laws

This Day in Liberal Judicial Activism—November 12

1908—In Nashville, Illinois, the human fetus to become known as Harry A. Blackmun emerges safe and sound from his mother’s womb. Some sixty-five years later, Justice Blackmun authors the Supreme Court opinion in Roe v. Wade. (See This Day for Jan. 22, 1973.) Somehow the same people who think it meaningful to criticize Justice Thomas for opposing affirmative-action programs from which he putatively benefited don’t criticize Blackmun for depriving millions of other unborn human beings the same opportunity that he was given. Kill Your Cable Bill! Just $2 a month 1975—Justice William O. Douglas (see This Day for April 4, 1939) retires from the Court—only to be replaced by Justice John Paul Stevens. Read more CompleteThis Day in Liberal Judicial Activism—November 12 … Read entire article »

Filed under: From the Bench, Overstepping Legislation, Politics, To Many Laws

This Day in Liberal Judicial Activism—November 13

1980—Days after Ronald Reagan has defeated Jimmy Carter in his bid for re-election and after Republicans have won control of the incoming Senate, President Carter nominates Stephen G. Breyer, then serving as chief counsel to Teddy Kennedy on the Senate Judiciary Committee, to a newly created seat on the First Circuit. Less than four weeks later, the Senate confirms Breyer’s nomination. Kill Your Cable Bill! Just $2 a month Read more CompleteThis Day in Liberal Judicial Activism—November 13 … Read entire article »

Filed under: From the Bench, Overstepping Legislation, Politics, To Many Laws

This Day in Liberal Judicial Activism—November 7

2000—So much for respecting a capital inmate’s final wishes. Kill Your Cable Bill! Just $2 a month Don Jay Miller, sentenced to death in Arizona for first-degree murder and kidnapping, states that he wishes his execution to proceed as scheduled the next day, declines to seek federal habeas relief, and refuses to authorize any attorney to represent him in seeking habeas relief. But, in an action brought by a public defender seeking to represent Miller against his will, a divided Ninth Circuit panel, in an opinion by Judge Stephen Reinhardt (in Miller v. Stewart), blocks the execution on the ground that a hearing that established Miller’s competency to represent himself in state post-conviction proceedings did not suffice to establish his competence to “choose to die.” Judge Pamela Rymer, in dissent, criticizes “the … Read entire article »

Filed under: From the Bench, Overstepping Legislation, Politics, To Many Laws

Will the Supreme Court Hear the Same-Sex Marriage Cases This Term?

Josh Blackman has some interesting analysis about the likelihood that the Sixth Circuit marriage cases will end up at the Supreme Court this term.  I agree that the cases are on the bubble in terms of whether they would get decided this term or the next. I’ll note, however, that even his updated assumptions about the timing of filing fall far short of what we saw in the previous marriage cases, whose petitions for cert were considered in September.   Kill Your Cable Bill! Just $2 a month Not only were the collection of earlier marriage cases unique, in that respondents were actually supporting certiorari, the times for filing were wildly accelerated. The Seventh Circuit cases produced an amazing coincidence of the petition for cert and response filed the same day — and both … Read entire article »

Filed under: From the Bench, Overstepping Legislation, Politics, To Many Laws

Judge Daughtrey's Tantrum

After a month of gloom ever since the Supreme Court’s denial of certiorari in several same-sex marriage cases on October 6, there came last Thursday, November 6 the welcome news that a 2-1 majority of a Sixth Circuit panel had upheld the marriage laws of Michigan, Ohio, Kentucky, and Tennessee.  Judge Jeffrey Sutton has been rightly praised (here and here at NRO, for instance) for the clarity and persuasiveness of his opinion for the majority in DeBoer v. Snyder.  Kill Your Cable Bill! Just $2 a month What has been less remarked is the astonishingly poor quality of the dissent written by Judge Martha Craig Daughtrey.  Some commentators have pointed out that her 22-page opinion begins with snark (“The author of the majority opinion has drafted what would make an engrossing TED … Read entire article »

Filed under: From the Bench, Overstepping Legislation, Politics, To Many Laws

What the Elections Mean for Obama’s Judicial Nominations

In September, I offered a preview in the Weekly Standard of what the November elections would mean for President Obama’s judicial nominations. Now that Republicans have won control of the Senate, the Weekly Standard’s Terry Eastland provides a more detailed (but very compatible) assessment.  Kill Your Cable Bill! Just $2 a month Read more CompleteWhat the Elections Mean for Obama’s Judicial Nominations … Read entire article »

Filed under: From the Bench, Overstepping Legislation, Politics, To Many Laws