DeVine Law Gamecock view from Stone Mountain of Georgia Roost
Republican appointee turncoat and betrayer of the Constitution, John Paul Stevens added insult to Gerald Ford's GOP injury this week by announcing his retirement from the court while the most left-wing President and Senate in our nation's history are poised to affirm more constitution re-writing oligarchs to join Justices Sonia Sotomayor, Ruth Bader Ginsburg and Stephen Breyer (with Justice Anthony Kennedy sometimes making cameo appearances as oligarch no. 5).
We regret that this version of John Paul (as opposed to the heroic "Jones" version") gave his but one life for his country by tearing down the institutions that made it great through his judicial activism. And for George Will's benefit, when we bemoan judicial"activism" we do not mean any and all refutations of deference to any and all legislative bodies. No, we mean unconstitutional deference to legislative bodies, or vice versa. The job of a Supreme Court justice is to follow the constitution, which very often does mean deferring to the self-government of We the People via their elected representative, which was decidedly not the case when McCain-Feingold & Co. violated the First Amendment, but I digress.
That said, as when Justice Souter retired, I now endorse former Georgia Supreme Court Chief Justice Leah Ward Sears for U.S. Supreme Court, as her name has again been floated as a possible nominee by President Barack Obama.
As I wrote in detail at the time, we can expect no constitutional conservative to be nominated by a president dreaming Marxist father dreams who famously stated that the Constitution contained "fatal flaws" via only "negative liberties" that restrained a government he wants to control our lives. And ChiefJustice Sears is no judicial conservative, but I think she would be the best choice under the circumstances and would be a conservative vote on some issues.
In Georgia, she upheld death penalties and has been a frequent speaker on the importance of marriage and having children within marriage. She is friends with fellow Georgian, Associate Justice of the Supreme Court Clarence Thomas, despite his pariah status among some of her liberal friends.
Sears is only 55 years old and is a Protestant, of which the SCOTUS is bare. I don't attach any significance to a nominee's religious beliefs, but that a majority-Protestant nation has only Catholics and Jews on the nations highest court could be a factor for the politically correct, identity politics bean counters, aka Media and Democrats.
It will still be understandable for Republicans to oppose Sears, given the nominator and some of her political/judicial liberal views, but as for me and my house, we admire Sears and hope she gets nominated and affirmed for the court.
Gamecock welcomes Karla Drenner (D-Avondale Estates-86)-sponsored Tanning Bed bill
When Gamecock was but a young bantam he remembers being warned not to get inside abandoned refrigerators and not to stay out in the sun too long while his mother and aunts baked to peeling. We remember Ronaldus Magnus bemoaning his non-sun block protected Hollywood days when the skin cancer cells came home to roost on his nose during his fabulous presidency.
Can you imagine an America never rescued by a Ronald Reagan that had been debilitated or worse by tanning ray skin cancer? I don't want too! And as counsel for The Sun in the slander suit against Al Gore (Liability now established. The only remaining issue is how much of Gore's Tennessee property will be sold to pay damages...), I fully understand that said planet is immune from lawsuits and regulation via Galactic immunity.
But before one crawls into a coffin-like "tanning bed", we are glad that Karla Drenner works so well with majority party Republicans in the Peach State where many peach-toned constituents seek darker hues in unnatural ways.
We congratulate Representative Drenner for getting HB 853, one of only two-Democratic Party sponsored bills to pass the House (129-28) before Cross-Over Day and probable passage into law (unless the Senate burns it to a crisp) so that Doonesbury Zonker and George Hamilton-types are informed of the risks that almost took Nancy's Ronnie away from before his time!
US Census - importance to Georgia
South Carolina leads the nation in Census response. That should be enough incentive for Georgians to get on the ball over the next few weeks to ensure that we garner more conservative electoral votes to make Obama go the one-term Carter-way in 2012.
Seriously, it is important for all residents to be counted for many reasons, including getting some of the bailout money back from Obama's high taxes.
More later here this weekend on the view of the high and low lights of the current legislative session and all things Georgia law and politics from Gamecock's Stone Mountain of Roost.
Topics to include:
Baker v Perdue - 10th amendment lawsuit - Ga. Atty Gen refuses to bring lawsuit
HB 1086 - Failed Constitutional Amendment opposing ObamaCare, but with many Democrat votes and followed up by regular bills that oppose mandates
HB 819 - Public Gathering Gun Law
HB 307 - Budget - (Hospital) Bed (Sick) Tax - Closure of Medicaid "loop-hole" a necessary measure?
SB 529 - Crime of abortion with intent to kill based on race, color or gender thankfully not passed?
HB 1055 - Budget - the "Fees" (tax) bill - increased court filing fees to $100 in Superior Court and $50 in State Court - DeVine Law supports such mild barriers to lawsuits
HB 1023 - JOBS Act - Does puny $9M bill sharing some bad aspects like the Obama non-stimulus bill and former President Jimmy Carter's failed tax credits for new jobs?
Stuckey Benfield - Shame the Expungement Bill not passed!
GA Ethics Bill - puny bill for generally puny topic
GA-9 - Nathan Deal - puny ethics violation allegations - resigned after ObamaCare vote
GEORGIA SUPREME COURT
Tort reform med maldamagecaps violate right to jury trial Atlanta Ocuplastic Surgery, PC vs Nestlehutt et al, but Clear and convincing evidentiary standard in emergency room med mal cases upheld
Allowed deathpenalty trial delay cased by lack of funds for indigent defense not violation of constitutionalright to speedy trial (Weis v State)
"One man with courage makes a majority." - Andrew Jackson
Originally published at The Minority Report