Senator Al Franken’s visits to Dave Letterman’s Late Show is taking a toll on him.
As far as Miss Kagan’s assertion on the monopoly of truth or wisdom, it’s apparent that God has no role in her life whatsoever.
Senator Al Franken’s visits to Dave Letterman’s Late Show is taking a toll on him.
As far as Miss Kagan’s assertion on the monopoly of truth or wisdom, it’s apparent that God has no role in her life whatsoever.
SCOTUS nominee Elena Kagan has argued before the Supreme Court that it’s fine if the Law bans books.
Because the government won’t really enforce it.
I’m no legal scholar but this sounds like a 3rd grade argument.
Aren’t our nominees suppose to have better reasoning skills and a solid grasp of the U.S. Constitution? As well as a fundamental understanding of such concepts like Freedom of Speech?
Back in 1979 I was one of the founding members of the Christian Legal Society at the University of Illinois. Yesterday, the Supreme Court ruled 5-4 that the Hastings College of Law at the University of California was within its rights to deny recognition to the Christian Legal Society because the group requires that members agree, among other principles, that sexual activity outside of marriage between a man and a woman is sinful, and that members must be Christians. Hastings contended that these principles violated the open membership policy of the university, in that it would discriminate against prospective members on the grounds of religion and sexual orientation. Go here to read the decision.
Justice Alito, joined by Chief Justice Roberts, Scalia and Thomas, wrote a thought provoking dissent.
The proudest boast of our free speech jurisprudence is that we protect the freedom to express “the thought that we hate.” United States v. Schwimmer, 279 U. S. 644, 654–655 (1929) (Holmes, J., dissenting). Today’s decision rests on a very different principle: no freedom for expression that offends prevailing standards of political correctness in our country’s institutions of higher learning.
In the case of McDonald v. the City of Chicago, the Supreme Court of the United States ruled that the Second Amendment applies to the states. Read the decision here. The decision was 5-4 which is absolutely stunning since I think that there was no intellectually respectable argument to be made that the Second Amendment does not apply to the states.
The bill of rights applies to the States due to the Fourteenth Amendment. In the opinions written by the majority justices, emphasis is given to the importance that the drafters of the Amendment placed upon the rights of freed slaves after the Civil War to keep and bear arms for their defense. A good day for the Constitution at the Supreme Court.
Solicitor General Elena Kagan, President Obama’s nominee to the Supreme Court, is already being painted as a moderate by the media and some political interest groups. This portrayal of Kagan is difficult to dispute comprehensively because of her lack of a public record and accompanying statements that delineate her actual personal views on judicial philosophy, thus, complicating the venture of placing her on an ideological spectrum.
Despite this hermeneutical difficulty, allegedly confident political portraits have been made with the details that we do know about Elena Kagan. The New York Times on May 11 published a piece—“As Clinton Aide, Kagan Recommended Tactical Support for an Abortion Ban”—by Peter Baker discussing a memorandum authored by Kagan while she was working for the Clinton Administration. Kagan in the memo counseled President Clinton to support an amendment, authored by Senator Tom Daschle (D-SD), to Republican-sponsored legislation to ban partial-birth abortion that would include an exception for the “health” of the pregnant women in a ban—so broad an exception that it could be easily employed as a loophole that would prevent few, if any, partial-birth abortion procedures.
President Clinton and his advisors (in this case, Kagan) anticipated that the Daschle amendment would not secure enough votes to pass, but White House support could provide enough political cover for Democratic lawmakers who could reiterate their alleged support of the partial-birth abortion ban, but justify their vote against it because of the lack of inclusion of the broad “health” exception for the pregnant woman. In the end, the Daschle amendment failed and the Republican-sponsored partial-birth abortion ban, endorsed by the National Right to Life, was successfully sent to President Clinton who consequently vetoed it. Kagan’s advice to the President was successful and held up the passage of a partial-birth abortion ban for six years.
Douglas Johnson, the legislative director of the National Right to Life, before a joint-hearing before the U.S. Senate Judiciary Committee and the Constitution Subcommittee of the U.S. House Judiciary Committee in 1997 said:
“The Clinton-Daschle proposal is a political construct, designed to provide political cover for lawmakers who want to appear to their constituents as if they have voted to restrict partial-birth abortions, while actually voting for a hollow measure that is not likely to prevent a single partial-birth abortion, and which therefore is inoffensive to the pro-abortion lobby.”
In other words, a better reading of the facts is not that Kagan is “in the middle” on abortion, but rather she was advising President Clinton of the pragmatic steps (endorsing a pseudo-ban on partial birth abortion) needed to defeat the actual pro-life measure. Kagan may very well be a “legal progressive” as was recently claimed from the White House defending the nominee from the political left suspicious of her liberal credentials. Read the rest of this entry »
I read a comment a few weeks ago on GetReligion.org attempting to explain why John Paul Stevens was the last Protestant in the U.S. Supreme Court which simply said that Catholics and Jews have a tradition of being immersed in law (Canon Law and Halakha respectively for Catholics and Jews as an example).
This struck me as interesting because at first glance it kind of makes sense.
Of course there is much more to why the current make-up of the U.S. Supreme Court, 6 Catholics, 2 Jews, and an Episcopalian, is as it is.
But I thought it was an interesting enough topic to dive into.
Lisa Wangsness of the Boston Globe chimes in with her two cents worth [emphases mine]:
Evangelical Protestants have been slow to embrace, or to feel welcomed by, the elite law schools like Harvard and Yale that have become a veritable requirement for Supreme Court nominees. One reason for this, some scholars say, is because of an anti-intellectual strain within evangelicalism.
As Ronald Reagan would say, there you go again, pushing the liberal theory that Christians are stupid (at least Evangelical Protestants).
Lets get beyond these stereotypes done by liberals to Christians.
I’m not sure I ever expected to wake up to read the New York Times coverage of a new nominee to the Supreme Court and find myself in agreement.
Of course, they think she’ll be a fine justice and I think she’s a pro-abort and could do without her. I also think she looks like Ursula from “A Little Mermaid,” which is less a comment on her than it is a comment on how many Disney movies I watch with my wife (curse you, Disney movie club!). That’s not what we agree on.
What we agree on is that she is a stealth candidate and that just by itself makes us uncomfortable. The official editorial reads:
President Obama may know that his new nominee to the Supreme Court, Elena Kagan, shares his thinking on the multitude of issues that face the court and the nation, but the public knows nothing of the kind. Whether by ambitious design or by habit of mind, Ms. Kagan has spent decades carefully husbanding her thoughts and shielding her philosophy from view. Her lack of a clear record on certain issues makes it hard to know whether Mr. Obama has nominated a full-throated counterweight to the court’s increasingly aggressive conservative wing.
In a tribute to common sense, the U.S. Supreme Court has ruled that a Cross raised in 1934 as a tribute to U.S. soldiers who died in World War I may stay at the Mojave National Preserve. The depressing part of this news was that the vote was 5-4. Stevens, who is retiring, voted with the four justices who viewed the Cross as a threat to our constitutional order.
Just last week the Nebraska state legislature by a vote of 44-5 passed landmark legislation—The Pain-Capable Unborn Child Protection Act—setting a demarcation line on abortion services based on a substantial body of biomedical research that indicates unborn children can feel pain at 20 weeks. Governor Dave Heinemen (R-NE) signed the bill into the law, which will take effect this October. Once the law is enforced, abortion services will be illegal at and after 20 weeks gestation with exceptions only in cases of the threat of death to the mother or a serious risk of “substantial and irreversible physical impairment of a major bodily function.” Rape and incest are not included as valid exceptions. It is clear from this that there is a dual effort to skirt around the requirements of Roe and avoid the very broad exception of a woman’s “health” that in practice acts as a smokescreen for all elective abortions.
This law is the first of its kind in the United States, basing its restriction on abortion on fetal pain and not on arbritrary notion of fetal”viability.” Without any surprise, pro-choice lobbyists and lawyers are going to challenge the law in court as unconstitutional because it sets the abortion limit prior to the prevalent judgment that “fetal viability” falls between 22 and 24 weeks and the law allegedly violates several judicial precedents post-Roe, such as the intentionally neglect to include rape, incest, and broad “health-related” clauses as valid exceptions to have an abortion.
Technically there are no judicial precedents for the pro-life Nebraska law because the newness of the standard that is the basis of the law. This will be a first-test case. There is reason to be optimistic that the U.S. Supreme Court—if the case makes it that far—might very well uphold the law. In the best case scenario, there are at least fives justices (the same five that upheld the ban on partial-birth abortion) who would seriously consider a persuasive case of state interest in preserving unborn human life given the considerable amount of medical evidence that unborn children are capable of feeling pain at 20 weeks during an abortion.
The full text of the new abortion law can be found here.
Coincidentally, the same day the Republican governor also signed a separate law requiring health care providers to screen women seeking abortions for possible physical or mental risks before and after the procedure with failure to comply resulting in fines up to $10,000. He has stated his intention to defend these pro-life victories against legal challenges if necessary.
As I’m a week and a half from law school exams, I don’t have the time to do this justice but there’s an important case involving a group I’m involved in at law school that was argued in front of the Supreme Court today. In sum, the school banned the CLS (Christian Legal Society) because it wanted the Christian Legal Society members to be…well, Christians. The school defends itself on the idea that allowing any discrimination is intolerable and would open a slippery slope to racist groups (no, seriously-read the article and the questions of Sotomayor & Stevens. Glad that Obama appointment is doing well for Christians).
So pray for a just result that will protect the rights of Christians to assemble.
From a Catholic point of view, retiring Supreme Court Justice Stevens’ extreme commitment to supporting unlimited abortion in our country is clearly one of his worst legacies as a justice, and one most likely to be mirrored by whoever is chosen to replace him by President Obama.
There are other reasons to look back with a critical eye on Stevens’ tenure on the court, however, and blogger Lexington at The Economist highlights what he regards as the worst opinion that Stevens’ authored: the majority opinion in Kelo v New London, in which Stevens and the liberal majority of the court held that the constitutional powers of “eminent domain” can be used by local government not only to secure land for true “public use” such as building roads or public buildings, but to secure land for private development. In simply terms: Kelo means your city can force you to sell your home to make room for a new shopping center.
Kelo is certainly one of the worst decisions of recent years (giving far more real room for abuse of power by large corporations than the Citizens United decision, which Obama demagogued in his state of the union address) and underscores in an important way how the “progressives protect the little guy while conservative protect big business” narrative fundamentally misses the real and more complicated dynamics at play in our polity.
Get ready for Obama appointment, Round 2.
Not sure how the timing will work on this, especially as Obama and the Democrats try to avoid being too contentious right before the November elections. That might play in our favor as far as getting a more moderate nominee. It will also be interesting to see if the GOP can or will delay the nominee as they have the 41 votes to filibuster.
The names being thrown around are the same ones being thrown around before; we’ll see where he goes with this pick. Time to start praying again.
I have to say something about the latest Supreme Court ruling upholding “corporate personhood”, declaring that corporations and unions (when was their “personhood” established?) can contribute as much money to political campaigns they like in the name of free speech.
I am not a judicial scholar, but this argument looks absolutely rotten to the core. News articles tell me that Republicans are actually happy about this decision, mouthing the words “this is a victory for free speech”, and apparently believing them too.
Because of my limitless capacity for self-doubt, I suppose I can always leave the door open slightly ajar to the possibility that there really is some moral and social good or benefit to allowing multinational corporations and Mafia-infested labor unions to ride roughshod over the American electoral process.
However, because of my sanity, which normally tells me that “an artificial being, invisible, intangible, and existing only in contemplation of law” (to quote dissenting Justice Stevens, quoting John Marshall) isn’t a real person, I think this decision is one of the most anti-democratic, nakedly plutocratic I have ever heard of. Arguments for corporate personhood, and the freedom of speech that follows, ultimately give one a sense of what it is like to live in Oceania in Orwell’s 1984 and hold the revolutionary thought that 2+2 might actually equal 4, even when Big Brother says it equals 5. War is peace, slavery is freedom, and the freedom to buy politicians and elections is “freedom of speech.” Insanity is sane!
In his encyclical Aeterni Patris, Pope Leo XIII sought to advance the restoration of Christian philosophy against the modern trends of secular philosophy, emerging from Enlightenment rationalism. The critique of modern intellectual errors and the way in which such false thinking manifests itself in the world has deeply shaded my personal reflection on the tragedy of legal abortion.
From NPR’s “Watching Washington” Blog:
The Supreme Court Scrambles Politics — Again
Many people will hear about Thursday’s landmark Supreme Court decision freeing corporations to mount political campaigns and say the court has blown up politics as we know it.
By bringing corporations (and by extension, labor unions) back into the electioneering fray, the court has restarted a spending war Congress had tried to restrain over the past generation — most recently with the Bipartisan Campaign Reform Act of 2002, best known for its co-sponsoring senators, John McCain (R-AZ) and Russell Feingold (D-WI).
So long as they do not give to candidates directly, corporations can spend whatever they wish to support or oppose candidates for president or Congress. They are free to exercise their rights of free speech under the First Amendment. Just like citizens. Their rights cannot be suppressed on the basis of their “corporate identity,” wrote Justice Anthony Kennedy.
The ramifications for this year’s congressional elections and the 2012 presidential contest are sure to be profound. What does it mean, for example, for an investment bank such as Goldman Sachs, which had the cash to pay $16 billion in compensation to its employees for 2009, when a major issue before Congress this year is a tax on those bonuses? (Read the whole column here).
Rep. Alan Grayson (D-FL) has launched an online petition against the decision. The text reads:
Unlimited corporate spending on campaigns means the government is up for sale and that the law itself will be bought and sold. It would be political bribery on the largest scale imaginable.
This issue transcends partisan political arguments. We cannot have a government that is bought and paid for by huge multinational corporations. You must stop this.
From The Courthouse News Service:
WASHINGTON (CN) – The Supreme Court today killed a central part of the McCain-Feingold campaign finance law and ruled that corporations may spend as much as they wish to support or oppose candidates for president and Congress. The 5-4 vote left intact limits on corporate gifts to individual candidates (read the whole story here).
Also see here for the story on the Court’s ruling on campaign finance reform from RealClearPolitics.
To ask some questions is to answer them, and via Commonweal, I see that UCLA history professor emeritus Joyce Appleby has penned a lovely exercise in anti-Catholicism entitled, Should Catholic Justices Recuse Selves On Certain Cases?. Here is an excerpt:
But because of the Catholic Church’s active opposition to abortion, same-sex marriage and capital punishment, it raises serious questions about the freedom of Catholic justices to judge these issues. Perhaps the time has come to ask them to recuse themselves when cases come before their court on which their church has taken positions binding on its communicants…
…Recusal sounds like a radical measure, but we require judges to withdraw from deliberations whenever a personal interest is involved. Surely ingrained convictions exert more power on judgment than mere financial gain. Many will counter that views on abortion, same-sex marriage, and the death penalty are profound moral commitments, not political opinions. Yet who will argue that religious beliefs and the authority of the Catholic Church will have no bearing on the justices when presented with cases touching these powerful concerns?
Imagine a white male conservative making the same comments that Judge Sonia Sotomayor made:
A wise White man with his experiences would more often than not reach a better conclusion than a Latina female,”
The mainstream media (old media) would have a field day recounting how racist Republicans are. It would be nonstop media coverage not seen since Trent Lott’s infamous statements.
Now here are Judge Sonia Sotomayor’s comments. Keep in mind that when she said these comments that she was dead serious:
A wise Latina woman with her experiences would more often than not reach a better conclusion than a white male,”
The protests around Obama’s honorary degree from Notre Dame University had many of the more politically progressive Catholic voices complaining that pro-life advocates had moved into a practice of loudly protesting absolutely everything that seemed vaguely positive for Obama without regard for whether it was an important issue. As someone who cares about the integrity of Catholic education, I think they were wrong in regards to Notre Dame’s decision to give Obama an honorary law degree — it was a big deal and it was appropriate to decry the choice.
However, I think that Jay Anderson and Feddie are right in making the case that the nomination of Sonia Sotomayor to the Supreme Court is not something that pro-life groups should be knocking themselves out to contest.
Given how early it is in his presidency and how high his political approval ratings are, Obama could have decided to spend political capital and put a top notch, liberal intellectual ideologue on the court who could work to shift the balance strongly to the left. Instead, he made the fairly bland, identify politics “first” pick which had been conventional wisdom in Democratic circles for some time, despite the doubts of those who wanted to see a more intellectual and ideological pick. As pro-lifers, we certainly don’t need to praise this pick. She is doubtless pro-choice and will work to support Roe and other Culture of Death decisions. But we also don’t need to pick this to raise a stink over. She will be confirmed regardless, given the composition of the senate, and if we can both conserve our political energy and provide Obama with some positive reinforcement that sticking to bland conventional wisdom candidates will be rewarded with a lack of partisan rancor, so much the better.
Again, I’m not saying that pro-lifers need to praise or support Sotomayor, but Obama could have stuck it to us a lot worse — and since kicking a fuss will achieve nothing other than encouraging the administration to play only to their base next time with a strictly ideological pick (and win the pro-life movement more of a reputation for constant shrillness) this would be a good time for us to hold our fire and concentrate on other things, like the next crop of pro-life candidates.
In picking Sonia Sotomayor to fill the Souter seat, Obama knows what he is getting: a reliable liberal vote and someone who will probably be easily confirmed. That she is reliably liberal is obvious from her rulings. That she will be easily confirmed is clear from the fact that she is a Latina and the Republicans do not wish to offend this powerful voting block. She is not shy about playing the race card: ” Second, I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn’t lived that life.” This was in a lecture given by the judge in 2001, and the full text of the speech is here. Needless to say any wasp male judge who said the reverse would never have been nominated, and also needless to say Judge Sotomayor will pay absolutely no price for claiming that she is a better judge because of her ethnic background and her sex. Hattip to the Volokh Conspiracy.
“The president is basically taking advantage of my experiences by asking me nuanced questions about both individuals and timing,” Biden said in an interview Friday. “We’ve gone through specific nominees, which we’re burrowing in on.”
Doug Kmiec has a rather bizarre article up at America entitled The Case For Empathy: Why a Much-Maligned Value Is a Crucial Qualification for the Supreme Court. If the article is any indication, I suppose we should be thankful Obama didn’t make any off-hand remarks suggesting ‘creativity’ or ‘imagination’ were traits he would look for in a potential Supreme Court justice, if only because it might have lead to more essays like this one. After some preliminary gushing about, you guessed it, empathy, Kmiec explains what an empathetic justice would accomplish:
To do this, it is possible that [Obama] will mine for legal talent in unusual places, but it is more likely he will attempt to find a nominee with appellate court experience whose skill set also shows the capability of challenging methods of interpretation that otherwise wouldn’t give empathy the time of day. If Obama succeeds even with this more limited challenge,he will have exploded the notion that swapping out a Souter for a new, most likely younger and intellectually energetic, justice is without effect.
With the announced retirement of Supreme Court Justice David Souter President Obama wasted no time in addressing the issue of what he’s looking for to fill this vacancy. In so many words he clearly stated his desire for an activist judge with an eye towards reengineering America [emphasis and comments mine].
“It is also about how our laws affect the daily realities of people’s lives [meaning he wants a Justice who holds fast to the Living Constitution Theory,ie, an activist judge finding invisible law where none existed], whether they can make a living and care for their families, whether they feel safe in their homes and welcome in their own nation.”
The following excerpt clearly reveals President Obama’s contempt for legislative history in effect eliminating a potential nominee that adheres to the theory of original intent.
“I will seek someone who understands that justice is not about some abstract legal theory or footnote in a casebook.”
One thing is for sure, it will be an extremist liberal and pro-abortion nominee.
The Cranky Conservative has two first rate posts on his site here on what he regards to be the ten worst US Supreme Court decisions of all time. Having read hundreds of Supreme Court decisions, I have to salute Cranky for narrowing them down to ten. So many appalling decisions to choose from!
Hattip to the ever eagle eyed Jay Anderson at Pro Ecclesia. Justice Antonin Scalia on stare decisis and Roe. By the way, Scalia’s low estimate of Roe as a legal opinion is pretty nearly universal in the legal world. Liberal attorneys and judges, even though they support abortion on demand, will frequently agree in private, and sometimes in public, that Roe was a shoddy piece of legal work, and that Harry Blackmun, the author of Roe, was a poor excuse for a jurist. This of course does not prevent them from supporting Roe since they approve of the result, but it does mean that all of the many cases following Roe are based on an intellectually, and of course constitutionally, rotten foundation. We can see this in the opinions that strain to make sense of Roe, which, as Judge Bork famously noted, is completely devoid of legal argument.