Category Archives: Supreme Court

The State Of The Union Pre-game | What To Look For

+The Supreme Court Justices- Justices Thomas, Scalia, and Alito won’t be attending, and Justice Roberts has criticized the event, prompting many to wonder if any justices will show up at all.

+Odd Pairings- In a show of bipartisanship many legislators have chosen cross-aisle seating partners. Anthony Weiner and Pete King are this generation’s Oscar and Felix.

+The Responses- Following the SotU, Rep. Paul Ryan will give the official GOP rebuttal, but Michele ‘is everyone else here a Socialist?’ Bachmann will be fighting for coverage with her own commentary. Awkward-pants. (more…)

Posted in Blog, Congress, Supreme Court, US Senate | Tagged | 1 Comment

Quote of the Day

This man is kind of insane.

“I tend to be morose sometimes”

~ Supreme Court Justice Clarence Thomas on life. The New York Times has a fascinated piece detailing the Supreme Court’s most guarded and silent justice at a recent dinner hosted by the Bill of Rights Institute. Justice Thomas went on to reminisce about the good ol’ days of prayer in schools and marching around the schoolhouse with a flag and crucifix.

Noteworthy, Justice Thomas also revealed that he is not really that into rights. Thomas’s constitutional philosophy is that our “rights” must be adequately countered by our “responsibilities” and “duties.” He believes that sometime we just complain too much and have far too many rights.

To me… that is insane.

Posted in Blog, Quote of the Day, Supreme Court | Tagged , , , , | 4 Comments

Outsourced: Chief Justice Iftikhar Chaudhry Reinstated

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PAKISTAN-PROTEST/

March 16, 2009: Chaudhry (center) surrounded by celebrating supporters

In the latest news from the South Asian continent, Chief Justice Iftikhar Chaudhry has finally been reinstated to his bench (for the second time).  To truly appreciate this news, we have to do a bit of a recap. Former Pakistani President, Gen. Pervez Musharraf, first appointed Chaudhry to the bench in 2000. Until he was elevated to Chief Justice in 2005, Iftikhar Chaudhry did not seem to go out of his way to carve an independent path for the judiciary, usually voting with the majority; he even sat on the bench during the case that legitimized Musharraf’s military takeover. Regardless, when Chaudhry became the youngest ever Chief Justice of Pakistan’s Supreme Court, he really dug in his heels and started work that made him a “symbol of justice” in the eyes of many.

From creating a “separate human rights cell at the court” to forcing Pakistan’s intelligence agencies to admit they were holding people in secret custody, it’s very easy to say that Chaudhry quickly got on the wrong side of the government. In March 2007, Chaudhry was asked to step down but instead refused Musharraf’s reprimands and faced the charges — actions which propelled him to a hero status for thousands of lawyers, who stormed Lahore, Pakistan in protest. Thankfully, in July 2007, Chaudhry was reinstated.

(more…)

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Supreme Court Ruling May Criminalize Native American Religious Practices

 

The U.S. Supreme Court declined to review the case of a Northern Arapaho man who shot an eagle for the use of his tribe’s Sun Dance, and may receive a sentence of up to a year in jail and fines on the charges made against him.

Winslow Friday, from the Wind River Reservation in Wyoming acknowledged shooting the bald eagle in 2005 for tribal religious use, which required an eagle taken from the wild.  

Although a district court judge dismissed charges of violating eagle protection laws, the 10th Circuit Court in Denver reinstated the charges against Friday, contending that the government’s compelling need to preserve the bald eagle population outweighed hindrances to Friday’s religious rights and practices.  

The bald eagle has been de-listed under the Endangered Species Act because of increased numbers throughout the nation.  But, it remains shielded by the Bald and Golden Eagle Protection Act.

As of now, enrolled members of federally recognized tribes are able to apply for eagle carcasses from the National Eagle Repository near Denver, usually after a lengthy wait. 

Senior staff attorney with the Native American Rights Fund in Boulder, Colo., observes, “It takes several years to get a complete eagle carcass and then that carcass is often in a state of decomposition such that much or all of it cannot be used for the purposes for which it was sought in the first place.”

Unfortunately, this is merely one example in which Native American religious practices are hindered by the Federal Government.  Reform for such policy is needed, such as a partnership between tribes and the Fish and Wildlife Service in order to allow for religious practices to be properly carried out, while at the same time preventing Eagles from making it back on the Endangered Species list.

Posted in America, Blog, Domestic Affairs, Environment, Institutions, Issues, Places, Progress, Rants, Social Justice, State Legislature, Supreme Court, The Media, Uncategorized | Tagged , , , | Leave a comment

Douche of the Day | Sen. Jim Bunning (R-KY)

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[It's] bad cancer. The kind that you don’t get better from. Even though she was operated on, usually, nine months is the longest that anybody would live after [being diagnosed] with pancreatic cancer.

- Sen. Jim Bunning (R-KY) on Supreme Court Justice Ruth Bader Ginsberg.

Posted in Blog, Republican Party, Supreme Court | Tagged , , , , | 3 Comments

"Reform Michigan Government Now" ballot proposal is struck down!

From the Detroit News:

A controversial and far-reaching plan to cut the size of the Michigan Legislature and courts, reduce the salaries of top elected officials and impose many other changes on state government was blocked from the November ballot Wednesday by the Michigan Court of Appeals.

The court said the so-called Reform Michigan Government Now! ballot proposal, backed by Michigan Democrats and organized labor, includes so many provisions that it amounts to a “general revision” of the state constitution. And that, the court said, can only be done by calling a constitutional convention.

The backers of the initiative vowed to appeal the decision in the Michigan Supreme Court, but the mostly Republican high court is unlikely to review the decision.

So ends the Michigan Democratic Party’s attempt to take control of the state government by acting like Republicans. While it is true that the deck is currently stacked unfairly against the Democratic Party – with current congressional districts drawn by the Republicans and the state Supreme Court dominated by Republicans protected from defeat by the all-powerful judicial incumbency advantage – this was not the proper solution. By fighting dirty, even against a broken and unfair system, the Michigan Democratic Party acted less like the NAACP and more like the Black Panthers.

I, for one, am loathe to give up what many view as the Democratic Party’s biggest advantage – the inherent integrity of its members. Our party may not be immune to scandal, but the day our ends are used to justify our means is the day I start seriously rethinking my allegiance.

We do not need to reduce ourselves to this – there are still options available. We can reintroduce fairness into Michigan government without trying to skew the system in our favor as the Republicans have done.

We must begin the effort now to call a state constitutional convention in 2010.

The option will be on the ballot in 2010 – it is mandated by the constitution, and no court can remove it. Our constitution is broken. Years and years of ballot initiatives too easily making it into our state’s governing document have left our constitution filled with more potholes than a Michgan road in February. The list goes on and on: discrimination against gays and African Americans, ridiculous non-partisan judicial elections, crippling flat tax rates, insanely short term limits, etc., etc.

For the backers of Reform Michigan Government Now, this is the logical next step. Having failed at gaming the system, they should focus their energy and resources on what should have been their target all along: honest reform of Michigan’s constitution.

This can be done – but we need to make it happen. Talk to your friends about it. Help them understand how bent and broken our system of government has become in it’s old age. Starting November 5th, we have two full years to accomplish this goal, and we should waste no time getting started.

Our state needs us.

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Posted in Blog, Call to Arms, Democratic Party, Rants, State Legislature, Supreme Court | Tagged , , , , , | 3 Comments

Guns and the hypocrisy of the judical right

E.J. Dionne Jr. wrote a great column about yesterday’s Supreme Court decision striking down D.C.’s gun regulations which I have already seen in the Washington Post, the New Republic and the Milwaukee Journal Sentinel. It was one of two asinine decisions handed down yesterday by our conservative Supreme Court:

“The court’s five most conservative members have demonstrated that for all of Justice Antonin Scalia’s talk about ‘originalism’ as a coherent constitutional doctrine, those on the judicial right regularly succumb to the temptation to legislate from the bench. They fall in line behind whatever fashions political conservatism is promoting.

“Conservative justices claim that they defer to local authority. Not in this case. They insist that political questions should be decided by elected officials. Not in this case. They argue that they pay careful attention to the precise words of the Constitution. Not in this case.” Read More>

Posted in Blog, Supreme Court | Tagged , , , , , , | 1 Comment

Quote of the Day

“The laws and Constitution are designed to survive, and remain in force, in extraordinary times.”

- Supreme Court Justice Anthony Kennedy, writing for the majority in a ruling that for the third straight time awards prisoners held indefinitely at Guantanamo Bay the right to challenge their imprisonment in Federal court.

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