Congress cedes power to Obama as King and judges as oligarchs The problem of judge-made law trumping We the People’s contract with our government is as old as the Supreme Court’s rulings in Dred Scott (1857), Plessey (1896), Roe (1973), and Kelo (2005) and as new as this year’s federal district court rulings on illegal immigration enforcement in Arizona and gay marriage in California, respectively. The | Read More »
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 | Read More »
Henry Troutman, Jr., the son of the founder of the Atlanta law firm that became famous as Troutman Sanders in legal circles throughout the South and beyond, passed away at the age of 86 this week at his Hilton Head Island, S.C. home. Troutman Sanders was intimately involved in all of the great legal and economic events of the past century that made Atlanta the | Read More »
Once a person convicted of a crime has been released from jail, prison or a half-way house while on probation or parole, that person should be allowed to live anywhere they can afford, subject only to restrictions concerning proximity to the specific victim(s) of their crime. My interest in this subject was piqued by an excellent column by my fellow member of the bar, Bob | Read More »
Obamessiah rejects Old and New Covenants, insists on equal Partnership with God on matters of life and death Before Barack Obama was electorally baptized, he famously defended his pro-abortion position by declaring that determining when life begins was “above his pay grade.” Apparently, a President’s salary so exceeds that of a mere U.S. Senator that even partnering with the Almighty is part of the job | Read More »
[Update] In my eight years as a converted conservative Republican, op-ed newspaper columnist and blogger, I have been continually frustrated with my political allies’ seeming blindness to or reluctance to acknowledge the fact of, obvious admissions by our liberal Democrat opponents on matters that we deem crucially important to our case against them. During the recent Presidential campaign I was frequently beside myself as I | Read More »
Obama’s first Supreme Court Justice confirmed with support of less than 25% of Republican senators The discredited “Hatch” strategy is dead as its founder, Orrin Hatch (R-UT) followed his Ranking Member replacement on the Judiciary Committee, Jeff Sessions (R-AL), pictured, in voting against Sonia Sotomayor despite the “consequences” of the election of a Democratic Party president. Gone are the days when Hatch boasted of super-majority | Read More »
For the first time ever, GOP Judiciary Committee veteran will vote against a Supreme Court nominee South Carolina’s Lindsey Graham is now the leader of a, thankfully smaller, Republican group of Senators equating the consequences of presidential elections with repeal of advise and consent clause and fealty to Oath to uphold the U.S. Constitution. When Justice David Souter announced his retirement in May, this column | Read More »
Yes Lindsey, elections have consequences, including those of U.S. Senators and not just Presidents. And shouldn’t the ratification of the U.S. Constitution, its amendments and the Oath to uphold it have consequences too? [This is part three of DeVine Law series during Sotomayor nomination hearings. Parts one, two and columns prior to the hearings are here.] I speak, of course, of Sen. Lindsey Graham (R-SC) | Read More »
Supreme Court nominee flees from President Obama’s “empathy” standard and her own record Update – Part three is here What if John Roberts had declared in his nomination hearing for Chief Justice of the United States that rather than being an umpire-like judge calling balls and strikes, he intended pitch? Does anyone believe that President George W. Bush wouldn’t have immediately withdrawn the apostate before | Read More »
Democrats should own race-based injustice label after Supreme Court nomination hearing [For Update/Second DeVine Law report on Sotomayor hearing, see Sotomayor as Toto-deny-or] The Fourteenth Amendment to the United States Constitution demands equal protection for all persons. The Reverend Martin Luther King, Jr. dreamed of a society based on character content judgments and supported the 1964 Civil Rights Act which prohibits discrimination against individuals based | Read More »
It comes as a shock to many black friends of mine when I reveal to them that for at least 25 years, possibly the worst social taboo among whites is to be labeled a racist. To be considered a racist has severe economic, social, personal and political consequences for white folks. As a consequence, it is hard to find whites that utter racist epithets in | Read More »
A diabetic with learning disabilities, raised by a single mother in a South Bronx neighborhood, rose to the top of elite Ivy League universities. Lawyer Sotomayor was then given the power to prosecute criminal defendants and, for the past 17 years has wielded the gavel of a trial court judge before judging trial court judges from the second highest court in the land; apparently, if | Read More »
For political reasons, I would not favor a Republican Party filibuster of the President’s first nominee for the U.S. Supreme Court. But her record as an appeals court judge and publicly enunciated judicial philosophy do render her unfit to serve even as a traffic court magistrate. Unfortunately, thanks in large part to past feckless GOP judicial nomination strategies, not only were previous unqualified nominees not | Read More »
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