Taking On the Court?
In a recent article in The Atlantic, First Amendment lawyer Marvin Ammori wrote an argument that Obama should run against the Supreme Court and make it an issue in the 2012 campaign. Starting with reasons not to do so, he quickly comes to the conclusion that Obama should discard those reasons and attack. The first reason is strategic. Obama’s approval rating stands near 47% while | Read More »
The Presidency and Senate 2012: Early Prediction
Happy Easter to all RedState readers. On this day, while there is a lull in politics- unless you are watching the Sunday morning talk shows- it would be good to look at where the race for the Presidency and the Senate stands at this point in time. Most of this is based upon the most recent polling data from a variety of sources specific to | Read More »
Reconsidering Kelo: the Takings Clause
The United States Supreme Court has agreed to take at least one case that addresses the Takings Clause of the Fifth Amendment. There is a potential another could reach the Court as there is a pending petition before the Court. One of the most important rights we enjoy is the right to own private property. This right has been held central in our history and, | Read More »
Is Roe v. Wade Settled Law?
In the continuing alleged “war on women,” the Democrats are attempting to motivate/scare women voters into siding with their feminist-activist agenda and beliefs. As always, abortion and “reproductive rights” are the centerpiece of their talking points as they portray Republicans as trying to restrict a “fundamental right” of women- that of whether or whether not to have children. However, the starting point- Roe v. Wade- | Read More »
Update on New Jersey Strip Search Case
The US Supreme Court has finally released an opinion in the case of Florence v. Board of Freeholders of Burlington County, NJ, et. al. In a previous entry, I detailed the case. The Court, in an opinion authored by Anthony Kennedy, upheld the use of strip searches in jails and prisons even for minor offenses. Most of Kennedy’s decision, in laborious detail, outlines the reasons | Read More »
Our Law Professor President
Barack Obama has decided to take on the Supreme Court with his rhetoric regarding the health care oral arguments. Stating confidence that the Court will not overturn a law enacted by a duly elected legislature, self-proclaimed University of Chicago Law Professor, Obama, apparently failed to teach his students a mainstay of constitutional law. Since 1803, in the case of Marbury v. Madison, the concept of | Read More »
Guns, Laws and Commonsense: Part 3
With every right- and the right to bear arms is as fundamental as the right to free speech- comes responsibilities. For example, no one has the right to yell “FIRE” in a crowded movie theater (the classic example) and no one has the right to ritualistically kill humans in an exercise of their right to practice religion. As concerns gun control, obviously there are also | Read More »
Guns, Laws, and Commonsense: Part 2
One of the arguments for gun control laws, even bans on ownership, is based upon a clear misreading of the Second Amendment which states: “A well regulated militia being necessary for a free state, the right of the people to keep and bear arms shall not be infringed.” The confusion enters the argument because of the beginning of the amendment- the introductory clause. The two | Read More »
Shame on the RNC and Shame On Liberals
The Liberal press and blogosphere is absolutely insane over the recent Obamacare oral arguments before the Supreme Court. Apparently a day to digest the argument has given them enough time to conjure up enough vitriol to make a Spike Lee tweet look trivial. On one article on DailyKos, the writer used the term “radical” to describe the Supreme Court ten times in five paragraphs indicating | Read More »
What is Next for the Court?
Essentially, very little is left for the Supreme Court although they still have one major oral argument in April. After their conference this Friday where they likely will take initial tallies in the health care cases, they will adjourn officially and have no court business until April 13 when they will again conference and decide on whether to grant, hold, or dismiss more cases for | Read More »