Freedom of Religion and Artistic Expression Placed on SCOTUS Review Calendar

SCOTUS BLOG – Supreme Court agreed to review the Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission (case 16-111) though it has not yet been set for argument in their October Term 2017.  At issue: Whether applying Colorado’s public accommodations law to compel the petitioner to create expression that violates his sincerely held religious beliefs about marriage violates the free speech or free exercise clauses of the First Amendment. The case involves a custom-cake business owned by Jack Phillips who treats his cakes as “art” and contends that requiring him to make wedding cakes for same-sex marriage celebrations would violate his … Continue reading

Update on DAPA Argument

  John Roberts uses Obama’s words against him on immigration case By Stephen Dinan The Washington Times Monday, April 18, 2016 Chief Justice John G. Roberts Jr. prodded the Obama administration Monday to explain President Obama’s 2014 immigration flip-flop, when Mr. Obama reversed himself and decided he did, after all, have powers to grant a tentative amnesty to as many as 5 million illegal immigrants. Mr. Obama had repeatedly denied he had that kind of power, then, after the 2014 election and Congress’ refusal to pass a bill he wanted, the president claimed a do-over and said he did have … Continue reading

What Most Americans Do Not Know About Supreme Court Justices

With the death of Associate Justice Scalia and questions arising from his death, it might be a good idea to visit facts rather than conjectures on this subject.  Too many erroneous or misinformed blogs are being provided with blaring and often conspiracy related headlines.  Justice Scalia deserves far more than speculation.  He deserves the full force of the judicial investigation even if this was a true health related death. Order of Supreme Court Justices: Chief Justice – nominated by President (though not specifically required by constitution to be nominated by President) only one person may be addressed as Chief Justice, … Continue reading

Some Notable and Timeless Quotes from Justice Scalia

From Breitbart:   In memory of his long career of constitutional originalism on the Supreme Court and his characteristic wit and good humor, here is a list of some of his greatest quotes: Speaking to college graduates: “Never compromise your principles, unless of course your principles are Adolf Hitler’s, in which case you would be well advised to compromise them as much as you can.” “Indeed, follow your star if you want to head north and it’s the North Star. But if you want to head north and it’s Mars, you had better follow somebody else’s star.” On following your … Continue reading

Quote Of The Day — January 06, 2016

. “The constitution of the United States is to receive a reasonable interpretation of its language, and its powers, keeping in view the objects and purposes, for which those powers were conferred. By a reasonable interpretation, we mean, that in case the words are susceptible of two different senses, the one strict, the other more enlarged, that should be adopted, which is most consonant with the apparent objects and intent of the Constitution.” Joseph Story, Commentaries on the Constitution, 1833   ~ ~   Grouchy   ~ ~

Quote Of The Day — December 12, 2015

. “The judiciary of the United States is the subtle corps of sappers and miners constantly working under ground to undermine the foundations of our confederated fabric. They are construing our constitution from a co-ordination of a general and special government to a general and supreme one alone.” Thomas Jefferson, letter to Thomas Ritchie, 1820   ~ ~   Grouchy   ~ ~

Supreme Court – Do As I Say Attitude

Constitution Law at Findlaw notes: “Speech Plus–The Constitutional Law of Leafleting, Picketing, and Demonstrating Communication of political, economic, social, and other views is not accomplished solely by face-to-face speech, broadcast speech, or writing in newspapers, periodicals, and pamphlets. There is also ”expressive conduct,” which includes picketing, patrolling, and marching, distribution of leaflets and pamphlets and addresses to publicly assembled audiences, door-to-door solicitation and many forms of ”sit-ins.” It was called into question in the 1960’s, however, when the Court seemed to leave the issue open and when a majority endorsed an opinion of Justice Black’s asserting his own narrower view … Continue reading

Quote Of The Day — September 4, 2015

. “The complete independence of the courts of justice is peculiarly essential in a limited Constitution. By a limited Constitution, I understand one which contains certain specified exceptions to the legislative authority …. Limitations of this kind can be preserved in practice no other way than through the medium of courts of justice, whose duty it must be to declare all acts contrary to the manifest tenor of the Constitution void. Without this, all the reservations of particular rights or privileges would amount to nothing.” Alexander Hamilton, (January 11, 1755 – July 12, 1804)   ~ ~   Grouchy   ~ … Continue reading

Federal Land and Water Power Grab

FEDS SUED OVER MASSIVE WATER-RULE POWER GRAB Claiming control over ‘every pond, stream and ditch’ in country By Bob Unruh WND JULY 16, 2015 NEW EPA RULE (pdf) June 29, 2015. The rule will become effective on August 28, 2015. A massive new power grab by bureaucrats in Washington that would give them control of “practically every pond, stream and ditch in the country” and the lands where they are is being challenged in court by a legal team that already has taken on – and defeated – federal efforts to run roughshod over Americans with water rules. The newest fight … Continue reading

All of a Sudden SCOTUS Concerned About States’ Rights

From USA Today: Supreme Court refuses to ban controversial method of execution The Supreme Court refused Monday to limit states’ use of a controversial execution method that opponents have likened to being burned alive. The court’s conservative majority said lethal injection remains the most humane method of execution. During oral arguments in April, they had blamed opponents for exacerbating a shortage of drugs that has forced some states to experiment with less reliable alternatives. To prohibit the use of midazolam, a sedative that has left some death row prisoners apparently able to feel pain from the next two drugs in … Continue reading

Ted Cruz’s Epic Message to the Supreme Court

  Constitutional Remedies to a Lawless Supreme Court          BY TED CRUZ This week, we have twice seen Supreme Court justices violating their judicial oaths. Yesterday, the justices rewrote Obamacare, yet again, in order to force this failed law on the American people. Today, the Court doubled down with a 5–4 opinion that undermines not just the definition of marriage, but the very foundations of our representative form of government. Both decisions were judicial activism, plain and simple. Both were lawless. As Justice Scalia put it regarding Obamacare, “Words no longer have meaning if an Exchange that … Continue reading

Supreme Court Justices Ignoring the Law?

Supreme Court caught messing with marriage case by Bob Unruh June 21, 2015 A series of events that has been described as a “troubling turn” has been found to have taken place at the U.S. Supreme Court regarding the justices’ looming decision on marriage – whether they will affirm the millennia old standard of one man and one woman or whether they will create a right to homosexual “marriage.” The report is from the law firm of William J. Olson, P.C. the workplace of Olson, who served in several positions for the Reagan administration, and Herb Titus, a longtime constitutional law … Continue reading

Win, lose or draw straws

Obama is under the gun. You’d think to hear him talk that conservatives and Republicans are his biggest opposition. Not so according to the Supreme Court’s decisions. He lost a series of decisions. Lawyers said the government traditionally averages about a 70 percent winning percentage before the high court. Its advantages are so great that the Justice Department’s chief Supreme Court attorney, the solicitor general, is dubbed the “10th Justice.” “He was found to be in violation of the Fourth Amendment on privacy, then another case found him in violation of separation of powers. Now he’s been found in violation … Continue reading

Legislating Lies: Perfect Solution or Pitfall?

In his April 28 column, Kevin Jackson takes aim at the Prevaricator in Chief. Obama wants lying in politics LEGALIZED This will truly be Obama’s legacy. He actually wants to protect lying during a political campaign. This should come as no surprise, since Obama is the man who has broken about every promise he made to the American people. Can you imagine being able to sue Obama or the Fed for the broken promises? Proving damages is simple. Just pull out your ObamaCare insurance bill. Through his U.S. Solicitor General arguing before the U.S. Supreme Court, Obama has now offered that lying in political campaigns … Continue reading

SCOTUS Relaxes Rules on Warrantless Search

From the LA Times: Police officers may enter and search a home without a warrant as long as one occupant consents, even if another resident has previously objected, the Supreme Court ruled Tuesday in a Los Angeles case. The 6-3 ruling, triggered by a Los Angeles Police Department arrest in 2009, gives authorities more leeway to search homes without obtaining a warrant, even when there is no emergency. The majority, led by Justice Samuel A. Alito Jr., said police need not take the time to get a magistrate’s approval before entering a home in such cases. But dissenters, led by … Continue reading

SCOTUS Declines Challenges to Gun Laws

Reuters: The Supreme Court on Monday declined to wade into the politically volatile issue of gun control by leaving intact three court rulings rejecting challenges to federal and state laws. The court’s decision not to hear the cases represented a loss for gun rights advocates, including the National Rifle Association, which was behind two of the challenges. The first case involved a challenge by the NRA to a Texas law that prevents 18-20 year olds from carrying handguns in public. It also raised the broader question of whether there is a broad right under the Second Amendment to bear arms … Continue reading

Another “Union Success Story”. Or, MAYBE Not.

In a case before the SCOTUS, a decision is going to come that could have some GOOD news for those FORCED to join a union. I will update this as the decision becomes available. From The Washington Examiner.com   Supreme Court ‘sleeper’ case on union dues has big impact on organized labor. By Sean Lengell | JANUARY 21, 2014 AT 7:09 AM The Supreme Court on Tuesday is set to hear a dispute regarding union fees that — while failing to receive substantial media hype — is poised to have major consequences on organized labor’s recruiting. The justices will review … Continue reading

The Law And How It Is Used

Why Liberals Use Law for Control, While Conservatives Use Law for Protection By Kelly O’Connell  Sunday, September 22, 2013 An end run is being done around the traditional American approach to legislation and change. The result is a kind of tyranny by unethical strategy, or as Friedreich Nietzsche described – a Will to Power. But one important point escapes the minds of the leftists who seem to believe all power is self-justifying. Once principle is tossed aside in a mad dash for power, all players, including leftists are then at heightened risk for being crushed under the wheel of the abuse of … Continue reading