Lake Erie Conservative

thoughtful discussion(s) about issue(s)

Posts Tagged ‘legal theory’

… Look in the Mirror , Madame Associate Justice [#Sotomayor]…

Posted by paulfromwloh on Wednesday,November 30th,2016

.. she thinks that there is no such thing as ” judicial activism . ” Well , well ..

.. all she has to do is look in the mirror . She is the archtype of the radical judicial activist ..

.. judicial activism is , by definition , the construct of laws and / or parts of THE US Constitution and its Amendments . Doing so takes them entirely out of the course of their original and accepted meaning …

.. It is also the process of , in effect , writing law from the bench . A judge ‘ s job and role in our system is to interpret the law . They are to do so within the constructs of the US Constition . They are to do so only within the US Constition , and not using other legal works , such as UN declarations …

.. [h/t — Newsmax.com]..
.. [link] to the blog news post …

.. there are other examples of judicial activism in D.C. . All she needs to do is to ” look down the hall ” at the U.S. Supreme Court . Ruth Bader Ginsburg is the quintecential judicial activist . One that is more recent is her fellow ObamaCrap appointee , Elena Kagan …

.. judicial activism is a cancer on the body politic and our legal system . It must be stopped , smashed , and then finally be crushed …

Posted in 2nd Amendment, constitutional opinion, legal theory, personal opinion | Tagged: , , , , , , , , | Leave a Comment »

… I Wonder [#JASTA]…

Posted by paulfromwloh on Monday,October 3rd,2016

.. if JASTA [Justice Against State Sponsors of Terrorism Act] is such a great idea ? ..

.. given our litigious environment , allowing another form of lawsuit is not a great idea . Our country has become notorious for the legal form of warfare , or lawfare . Are you sure that you want to unleash these sharks on a foreign nation ? ..

.. [h/t — Newsmax.com]..
.. [link] to the blog post ..

.. the obvious interests are national security and the national interest . We need to protect our nation ‘ s interests , and our nation ‘ s security in this day and age is absolutely critical . The biggest problem is retaliation by another nation ..

.. that potential for retaliation is not limited to the Saudis . Any other nation could pull this stunt , and prosecute legal action in their courts against our interests …

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… You Figure that They would have Learned by Now [#EEOC][#disparate impact]…

Posted by paulfromwloh on Saturday,August 20th,2016

.. it appears not ..

.. in a surprising 7 – 3 decision at the D.C. Appeals Circuit , the E.E.O.C. was told to take its ” disparate impact ” theory of legal interpretation , and go home and stuff it in the cushion ..

.. [h/t — m.NationalReview.com]..
.. [link] to the blog post ..

.. E.E.O.C. wanted to apply disparate impact to employers ‘ use of criminal background checks . What they tried to argue was that the use of this had an undue [or disparate] impact on minorities [blacks and Hispanics] ..

.. so what did the D.C. Circuit tell them ?? Go stuff it .. not only that , but it slapped the E.E.O.C. with a levy of $4 million in legal fees for those of the attornyies of the affected businesses …

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