O’Connor still doesn’t get it


Maybe you’re like me, but the more former Justice O’Connor speaks, the more I’m convinced she is separated from reality.  This morning I was doing something I rarely do – watching Morning Joe on MSNBC.  I was flipping through the tube and noticed Justice O’Connor talking to Joe, so I stopped for a minute to listen.

Joe said he, although a pro-life conservative, was always amazed at the interest in the abortion issue despite the fact it rarely came up in Congress.  Justice O’Connor said the same thing from the Court’s perspective, and then she added she was always amazed that we, in America, have not settled on the issue like other countries had.  At that moment, I began shouting at the television – maybe she could hear me, who knows?

Justice O’Connor, the reason we have not “settled” on the issue is because your cohorts on the Supreme Court ripped the decision out of our hands.  You never gave the political process the chance to work, and instead, you trumped up a Constitutional argument that abortion was a constitutionally protected right, despite the fact that nowhere in our Constitution is that right mentioned.  So, this entire “problem” is one of your making, and I say “your” because you had the chance in 1992 and 2000, specifically in Casey and Stenberg, to return the decision to the political process.  Instead, you saw yourself as Emperor and made the decision for us.  Thanks, a lot!

I know Justice O’Connor did some good on the Court on federalism issues, but please spare me anymore of her judicial kind on the Court.  Give me someone with some true principles, rather than someone wanting to be liked.


A constitutional reason to vote “no”


Deference was the word used on Capitol Hill for decades regarding presidential appointments to the courts.  Rarely did a presidential nomination fail, and when it did, it was for scandalous reasons.  Deference began to erode in the 1980s when the process of Bork-ing began.  You know Bork-ing – when the Democrat-controlled Senate defeated the nomination of Judge Robert Bork to be Associate Justice on the Supreme Court, purely for ideological reasons.  From then on, Bork-ing has been a Democrat-norm in trying to defeat presidential nominations.  It was true when Chief Justice Roberts was nominated in 2005, and it was true that same year when Justice Samuel Alito was elevated to the High Court.  Democrats voted no en mass, and even mounted a failed filibuster against Alito, to President Bush’s nominations simply because they disagreed with the nominees for philosophical reasons; they did the same to numerous lower court nominees, including Miguel Estrada, Bill Pryor, Janice Rodgers and many more.  Democrats voted no regardless of qualifications.  The question begs – is this approach justified?
Clearly, the answer is no.
Nothing in the constitution allows a Senator to reject or support a nomination for political reasons.  The constitution requires Senators to advise and consent to nominations, and nothing more.  So, when is it constitutionally justifiable to vote no – or yes?  I believe the answer lies in Article VI of the constitution, but before getting there, let’s cover Articles I, II and III.
Article I covers the powers of the House and Senate, and it really gives no guidance to Senators how to vote on nominations. Article II covers the powers of the executive, and it only provides the Senate advise and consent to nominations by the presidents – as to how to advise and consent, the Article is silent.  Article III covers the judiciary but only provides that judges should continue to serve with “good behaviour.”  In other words, it gives an “after” standard.  Even our revered Federalist Papers give little guidance to the subject.  One can only assume our founders presumed our President would nominate qualified individual for the courts and deference would be given to those choice unless the choice was wholly unqualified to serve, but that’s only a guess and a guess is not good enough.  That’s where Article VI comes in.
Article VI requires all Senators, Representatives, members of the Executive, members of state legislatures, and members of the Judiciary to take an oath to “support the constitution.”  For Senators, supporting the constitution includes confirming nominations from the Executive who they are absolutely convinces will also support the constitution.  If there is any doubt in a Senator’s mind whether a nominee will support the constitution, it is the duty of that Senator to vote no – regardless of the political fallout.  Likewise, if the Senator is convinced the nominee is qualified and will support the constitution, it is his or her duty to vote yes.
In the nomination of Judge Sonia Sotomayor to be the next Associate Justice on the U. S. Supreme Court. s everal Republican Senators have been fretting lately over whether to support or reject her nomination.  Democrats hope GOP Senators vote no and risk a Hispanic backlash for opposing the first Latino nominee to the High Court.
The decision on Judge Sotomayor’s nomination and the nomination of others made by the President should be simple.  Each nominee should be given a fair hearing, and in Judge Sotomayor’s case, her qualifications and judicial philosophy should be stringently tested.  She should be thoroughly questioned and examined, and she should be required to answer each question posed, unless doing so would require her to pre-judge a pending case.  After listening to all of her answers, if Senators are convinced she will support and defend the constitution, she deserves their votes.  If there is any reasonable doubt on the question, Senators are obliged to vote no.
Judge Sotomayor, at this point, has many questions to answer and has a long way to go to convince Senators she will faithfully support the constitution.  Does she truly believe some individuals are better than others to judge cases solely based on their gender and ethnicity?  Does she support or endorse reverse discrimination or affirmative action, as her recent decision concerning the New Haven firefighters suggests?  The 14th Amendment to our constitution, as written and intended, prohibits these sorts of discrimination, and if Senators are not convinced she will support the constitution, including the 14th Amendment, she deserves a “no” vote.  The task is Judge Sotomayor’s to prove otherwise.

Is Plaxico Burress the next plaintiff in a Gun Ban Law Challenge?


First, Plaxico Burress is a moron.  Let’s get that out of the way.  Mr. Burress is a wide receiver for the New York Giants, and hero to the G-Men fans for helping their team vault over the previously undefeated (and seemingly unconquerable) New England Patriots in last year’s Super Bowl.  But last weekend, he crossed the Hudson into a downtown Manhattan night club with a loaded conceal firearm.  While there, he accidentally shot himself in the thigh.  For all of you who are wondering, he wasn’t scheduled to play this weekend anyway because he was on the mend from another non-gunfire related injury.  So, no bets have to be changed by this simple misfire.

Mr. Burress was treated for his injury at a local hospital and later release.  Despite NYC law, the gunshot wound was not reported by the hospital staff.  It would’ve never come to light, except for a sports reporter broke the story.

Since then, you’d have thought Mr. Burress was on the FBI’s most wanted as a terrorist suspect.  How could he have done such a thing?  Not fire the gun, but carry it into the lovely NYC?  He has been charged for violating a recent NYC law that prohibited anyone from carrying a loaded non-permitted pistol in the city.  The sentence for such a crime – mandatory 3+ years in the pen – again, not for firing the weapon, only for carrying it!

I’ve wondered since all this took place whether the recent Heller v. DC decision will allow such a law to stand.  Admission – I haven’t looked into all the facts surrounding the case, and trust me, facts matter in legal proceedings and nothing is as it appears.  So, more and more details will tell the tale of what really happened, but assuming nothing substantial changes, is the law prohibiting carrying a concealed and loaded weapon a constitutional?  Sure, the Heller decision did not strike down all gun laws, but it definitely made them challengable.

To my knowledge, Mr. Burress is not a convict, minor or incompetent.  He didn’t carrying the gun into a courthouse, airport, train station, post office, church, bank, or even school.  He simply carried a gun into a night club.  Do those facts make NYC’s law arbitrary, capricious or a little over the top?  Our dear Justice Scalia, I think, would have a field day with this one.

We’ll see, and it will be interesting to find out if one of the NFL’s most notables will be the next 2nd Amendment hero.

Stay tuned…


The Secret Ballot


The Same Rules Democrats want for us don't apply to them

You may have heard that the newly elected Democratic Congress wants to make one of its first priorities in January to strip workers of the right to vote by secret ballot whether to unionize. It is called the Card Check Bill. Union bosses want to know who votes against them, because that way, they can lobby, bribe, coerce, bully or threaten those voters with retribution if they don’t vote the union way. Union bosses can only survive with members, and for years, unions have been losing members in mass. Unions are livid that they have not organized Wal-Mart or the new car manufacturers across the South. They promise job security and great benefits. Unfortunately, they don’t tell their members that only the unions’ survival matters – not the worker’s. They will shut a plant down in a second rather than giving in to management’s demands for reasonable collective bargaining terms.

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