Category Archives: US Supreme Court or Law

Legal issues with a political or policy impact, as well as information pertaining to the US Supreme Court (including rulings, nomination conflicts, etc).

US, Atlanta crime down. Government as criminal up?

The Federal Bureau of Investigation reports that crime in America is down, but too many in state and federal governments wouldn’t know a crime if billy club-wielding New Black Panthers intimidated white voters outside of a polling booth on election days. But just let an election registrar ask a black person for a photo ID before they vote for sheriff and the “return of Jim Crow” is at hand, according to a former President of the United States and faux civil rights “leaders.”

Moreover, the current President of the United States has even deemed the police as criminals when they questioned a man trying to jimmy his way into a Harvard professor’s house. Only a “Beer Summit” at 1600 Pennsylvania Avenue got Barack Obama’s mind right about such crime-identification stupidity.

Into this milieu comes the just released FBI’s Preliminary Semiannual Uniform Crime Report which finds Metro Atlanta crime rates generally down in the first six months of 2011 as compared to the first half of 2010.

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Filed under Domestic Policy, US Supreme Court or Law

Eyes glaze over Cain harassment, faux racism and warped culture, legal system

An unnatural, liberal-Democrat, trial lawyer, intimidation-machine culture, defined deviancy (Woodstock, OWS) down; made the outrageous (Ayers, Rev. Wright, Minister Farrakhan) normal; made the normal (Cain gestures) outrageous; and re-classified Clintonian assault & battery and extortion as mere “harassment”.

Decades ago, women entered an American workforce in which men were regularly harassed and offended. To live on Earth is to be regularly offended and harassed. The environment within which humans seek to gather food to eat is inherently “hostile.”

The Common Law, Prosser on Torts, and experiential common sense

We had a tort system handed down from the Common Law of England (pictured, English ancestor of DeVine Law Gamecock in barrister’s wig), based upon common sense experience, that required  negligent or intentional acts causing real injury before the injured could bring a case for money damages to court.

Also required for a tort system to remain rational and not self-defeating for pursuits of happiness economic and social, was, public common sense and judicial restraint among those wearing black robes. The judges failed us when, as Robert Bork describes, they succumbed to the political seduction of the law. Those with the courage to resist “the tempting” are called regularly called “outside the mainstream”.

In this bizarre culture, eyes glazed over as penumbras allowed Roe to kill a very small person occupying her womb, despite Wade’s objection; a president of the United States is celebrated despite serial attacks on women that exceed mere harassment; and a comment by a candidate for that office concerning the similarity in height between an employee and his wife is cause for another Clarence Thomas-like high tech lynching.

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Atlanta Court right to sever ObamaCare

Non-severed portions of health care law are destroying the private health insurance industry now and even if a President Romney could grant waivers to all businesses in America, that destruction would continue.

But DeVine Law is happy with the Eleventh Circuit Court of Appeals:

The Appeals Court for the 11th Circuit, based in Atlanta, found that Congress exceeded its authority by requiring Americans to buy coverage, but also ruled that the rest of the wide-ranging law could remain in effect.

The legality of the so-called individual mandate, a cornerstone of the 2010 health care law, is widely expected to be decided by the Supreme Court. The Obama administration has defended the provision as constitutional.

The case stems from a challenge by 26 U.S. states which had argued the individual mandate, set to go into effect in 2014, was unconstitutional because Congress could not force Americans to buy health insurance or face the prospect of a penalty.

DeVine Law is not happy with ObamaCare regulations that require private health insurers to cover more applicants and at lower prices than risk assessments deem prudent, but it is not the courts’ role to correct supposed Congressional mistakes, unless those mistakes are unconstitutional. Even a court filled with my fellow Federalist Society lawyers understand that Congress has the power under the Commerce Clause to regulate interstate commerce.

In fact, one of the great anomalies of the United (Regulatory States) of America, founded circa 1933, is that Congress has not used their power to break up state health insurance monopolies. One of the main reasons that the Founders scrapped the Articles of Confederation soon after winning our Independence was to draft a constitution that would unite the states economically.

Other than repealing ObamaCare, Congress could take better action that would lead to lower medical costs and insurance premiums than to allow the selling of health insurance policies across state lines. Neither tort reform, nor medical malpractice reform comes close to the positive effect of ending state monopolies, but I digress.

The better conservative position for a judge is to rule as narrowly as one can to resolve a case and to respect the acts of elected representatives in as broad a fashion as possible. In that regard, the fact that ObamaCare did not include a “severability” clause is irrelevant, and it was right for the federal appeals court not to impose one since the separate provisions are not interdependent in their operation.

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Yes Virginia, there is a Direct Supreme Court Appeal Clause

When the Chief Justice of the United States convenes his regular Friday Conference tomorrow, four elves (or Santa and three elves) are required to determine if Ken Cuccinell’s direct appeal of ObamaCare is naughty or nice.

Federal district courts in Virginia and Florida found ObamaCare’s mandate that citizens’ wallets jump when AFLAC ducks quack, to be so much excess, and unconstitutional, water on our American’ backs.

Moreover, the whole of President Barack Obama’s signature legislative achievement melted under the latter’s constitutional sun shine, albeit without an injunction. As a result, the tentacles of socialized medicine were unleashed to poison private insurancepools that could make the legal issues moot if too many claims of 25-year old “children” with pre-existing cancerous conditions have to paid before non-highest courts weigh in.

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Filed under Domestic Policy, US Supreme Court or Law

Muslim terrorists don’t kill people, Christian book burners kill people

What a more wonderful world it would be if the worst threat from Muslims and Muslim clerics was that they would conduct mass Bible burnings.

Try as I might, this Southern Baptist just can’t seem to get worked up over the burning of Korans by a non-Southern Baptist in Florida even when the drive-by media continually reminds me that the burnings “provoked” retaliatory killings in Afghanistan. Still not feeling the outrage over smoking paper when General Petraeus insists that said fires “put our soldiers at risk.”

But Mike, that preacher is crazy. Fine, then lets have him examined by two psychiatrists and have him fitted for a strait-jacket, but first can we have all Muslims committed to an insane asylum that favor the killing of innocents in retaliation for the burning of their “holy” texts or the depictions of their “prophet”?

Fighting words and the imminent incitement to violence

I’m going to leave the policing of the clergy to sectarian leaders while I assist in policing the un-serious media and those who let that media determine what matters when Muslims kill innocents.

Muslims have been killing non-Koran burning Christians most of my life.

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Filed under Foreign Affairs or Military, US Supreme Court or Law

Court Caves on ObamaCare

“Clarification” order scolds DOJ to hurry up, then gives license to implement a law he deems unconstitutional

The only hope We the People had of preventing the solidification of socialized medicine pending a definitive ruling on President Barack Obama’s signature hope and change law no less than two years from now by the nation’s highest court, died last week at the hands of the man that had threatened to kill the administration’s assault on private health insurance dead in its tracks.

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