Reflections From a Murky Pond

Gaaaaa! [Kavanaugh]!

President Trump has selected outgoing Justice Kennedy’s replacement. Hence, Brett Kavanaugh will soon become the newest Associate Justice of the Supreme Court of the United States. This, of course has the Left up in arms and screaming and crying in the streets…again.

Frankly, what is most interesting about this is the same thing that caused me to put Kavanaugh’s name in crotchets (Square Braces) as if it were a variable of some sort. Our domestic enemies didn’t even wait to find out who our President was nominating before starting their tantrums. Indeed, some were quite sloppy about it. 😉

Tags: #MAGA | #Resist | America | Democrats | Domestic Enemies | Feminazis | Feminism | Feminists | Idiocy | Kavanaugh | Leftists | Liberals | Politics | Progressives | SCOTUS | Trump | US Supreme Court

This entry was posted on Monday, July 16th, 2018 at 12:48 pm and is filed under Politics. You can skip to the end and leave a response. Pinging is currently not allowed.

With the US Supreme Court both overturning most parts of the 9th Circuit Court’s injunction against President Trumps’ travel from six predominately Muslim countries and granting a a writ of certiorari for the case as a whole, many people, including 58 Republican lawmakers, are requesting that Justice Ruth Ginsburg recuse herself from the upcoming case due to her overt and obvious bias against the President.

Given her comments throughout the 2016 elections, it’s easy to understand why so many people think that Ginsburg should recuse herself.

I can’t imagine what this place would be — I can’t imagine what the country would be — with Donald Trump as our president.

~*~

He is a faker. He has no consistency about him. He says whatever comes into his head at the moment. He really has an ego. … How has he gotten away with not turning over his tax returns?

~*~

I can’t imagine what this place would be — I can’t imagine what the country would be — with Donald Trump as our president. For the country, it could be four years. For the court, it could be — I don’t even want to contemplate that.

Ginsburg has shown a strong bias against- and a a nigh on hysterical antipathy towards President Trump. As such, the ethical thing for her to do is to recuse herself from this upcoming case and any and every case involving President Trump’s administration that reaches the SCOTUS in the future. That being rightfully said, the claim that she is legally bound to do so is effectively meaningless and nothing but another iteration of the political kabuki we’re too used to.

While the relevant statute, 28 U.S.C. § 455(a), does technically apply to SCOTUS Justices, so does the longstanding long accepted tradition of “Duty to Sit.” Additionally, there is really no tested means of enforcing 28 U.S.C. § 455 upon the SCOTUS. Essentially, the SCOTUS being the nation’s highest court, there’s no authority to appeal to in the case of the SCOTUS Justice not recusing themselves.

A different but related note. Our concerns about Ginsburg’s lack of partiality are being heavily played by those with something to gain. One, Ginburg is part of the minority in the SCOTUS. Two and much more importantly, the SCOTUS lifting of most of the injunction against the “Travel Ban” was delivered per curiam, meaning it came from a unanimous decision by the Court – including Justice Ginsburg.

So be neither too shocked nor too concerned if Ginsburg doesn’t recuse herself. It is likely that, at worst, she would be one of the minority dissenting opinions on the case and even that is actually in doubt.

Tags: America | Ginsburg | Immigration | Law | Politics | Recusal | Refugees | SCOTUS | The Courts | Trump | US Supreme Court

This entry was posted on Friday, June 30th, 2017 at 8:20 am and is filed under Politics. You can skip to the end and leave a response. Pinging is currently not allowed.

Our Last Chance To Defend The SCOTUS

If any American still needs a compelling reason to vote for Trump in the upcoming 2016 elections, this is it. If Hillary is elected, the makeup of the SCOTUS will be irrevocably changed and those Liberal “justices” will fundamentally transform America through judicial activism.

Tags: 2016 Elections | America | Constitution | Constitutional Law | Hillary | Politics | SCOTUS | The Constitution | Trump | US Supreme Court

This entry was posted on Saturday, October 29th, 2016 at 9:05 am and is filed under 2016 Election, Politics. You can skip to the end and leave a response. Pinging is currently not allowed.

Scalia Iudex Ave Atque Vale

Justice Scalia has passed over into death after just barely under 80 years on this Earth and 20 years of duty as an Associate Justice of the Supreme Court of the United States. He is said to have passed peacefully in his sleep after an afternoon of quail hunting and evening of fine dining at Texas’ famous Cibolo Creek Ranch.

Truly, as last days in this life go, quail hunting and a great dinner is far, far, far from the worst one possible. It’s pleasing to know Justice Scalia got to enjoy such.

Justice Scalia will certainly be missed by Americans, though the Liberals and Progressives are more likely to celebrate his death than to mourn it. How much we, the People will lament Justice Scalia’s death remains to be seen. It will depend upon first whether or not Congress can block whoever Obama digs up as a replacement and secondly, assuming the first is successful, who is elected as the next POTUS in November.

In other words, Ladies and Gentlemen of America, we’ve just been handed a truly grim reminder of just exactly how the upcoming Presidential election is existentially important to the future of our nation.

Tags: 2016 Elections | America | Death | Federal Courts | Law | Politics | Scalia | SCOTUS | US Supreme Court

This entry was posted on Thursday, February 18th, 2016 at 11:46 am and is filed under 2016 Election, Politics. You can skip to the end and leave a response. Pinging is currently not allowed.

It looks rather more likely than not that Arizona will geld Obama or, at least emasculate his ability to harm Arizona through his barely quasi-legal Executive Orders or directive from his DoJ. Last week on March 10, 2015 Arizona’s House of Representatives voted in favor of House Bill 2368 (HB 2368), which bans the use of AZ personnel or monies to enforce, administer, or cooperate with any of them.

So, politically speaking in Arizona, it looks probable that Obama’s testicles will be tied off, wither and rot, and fall off.

Obama supporters and Statists, have quickly put up the spurious and ignorant argument that HB 2368 violates the US Constitution’s, Article VI, Clause 2 (the “Supremacy Clause”):

This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding.

But even a passing knowledge of SCOTUS jurisprudence and Constitutional Law shows that Arizona’s HB 2368 in no way violates the Supremacy Clause because, supremacy or not, the SCOTUS via the “Anti-Commandeering Doctrine” set forth in their 1842 Prigg v. Pennsylvania, 1981 Hodel v. Virginia Surface Mining & Reclamation Assn., Inc., 1992 New York v. United States, and 1997 Printz v. United States decisions has unequivocally stated that the federal government cannot legally commandeer legislative processes of the States by directly compelling them to enact and enforce a federal regulatory program by demanding that those States’ governments to undertake targeted, affirmative, coercive duties.

Oh please pay special attention to Prigg v. Pennsylvania, as it stated that the federal government could not force states to implement or carry out the Fugitive Slave Act of 1793.

In other, simpler words, the Federal government cannot legally compel any of the States to spend their resources in the furtherance of any federal mandate, regulation, or even law. The Supremacy Clause ensures that the States can’t contravene federal edicts but the Anti-Commandeering Doctrine requires that the federal government enforce those edicts with federal resources instead of compelling the States to use theirs to do so.

Hence, in point of legal fact, Arizona didn’t need to limit HB 2368 to merely those edicts spawned within the Executive. The bill would be equally valid on resting upon proven, sound legal grounds if it had include legitimate federal laws enacted by Congress as well.

Now it just remains to be seen how many other states shall go reaching for their gelding knives or similar tools…

Tags: America | Arizona | Constitutional Law | Executive Orders | Federalism | Gelding | Government | HB 2368 | Law | Neutering | Obama | Politics | Statism | Statists | Subsidiarity | The Constitution | Tyranny | US Supreme Court

This entry was posted on Friday, March 20th, 2015 at 11:41 am and is filed under Politics. You can skip to the end and leave a response. Pinging is currently not allowed.