Lake Erie Conservative

thoughtful discussion(s) about issue(s)

Posts Tagged ‘SCOTUS’

… Busted !! [#Miz Hillary][#gun rights]…

Posted by paulfromwloh on Sunday,October 9th,2016

.. these days , you should assume any ” mike ” is hot ..

.. also , you may want an event not to be recorded . Whoops . Assume that it will be recorded . If you don’t , you will regret it ..

.. Miz Hillaary just got a reminder of that . You can guess , she got burned the hard way ..

.. she went on an one – minute plus rant against guns , the N.R.A. , and the 2nd Amendment . She went on and on about how she hates all three ..

.. Whoops , dummy ! It was recorded , Miz Hillary ..

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

.. nice going , you idiot !! ..

Advertisements

Posted in personal opinion | Tagged: , , , , , , , , , , | Leave a Comment »

… Doesn’t this Judge Get It ?? [#Wisconsin][#voter id law]…

Posted by paulfromwloh on Sunday,July 31st,2016

.. you would think that this judge would understand [already] that the 7th Circuit and the U.S. Supreme Court soundly approved the voter id law in Wisconsin ..

.. unfortunately , this idiot judge just did not get the message .Worse , this idiot applied an unconstitutional approach [the disparate impact standard] in doing so .. . So what does he do ? ..

.. this judge sticks his nose in where it does not belong , not one damn bit . He strikes down the essence of the Voter I.D. law ..

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

.. now it is up to the 7th Circuit and SCOTUS to set things right and just ..

Posted in personal opinion | Tagged: , , , , , , | Leave a Comment »

… Good News in Virginia [#Voter ID law]…

Posted by paulfromwloh on Wednesday,June 1st,2016

.. a federal judge has upheld Virginia Voter I.D. lw . This has happened despite the interference of Va ‘ s executive branch , which wanted to not defend the law . Va ‘ s legislature hired private counsel in order to defend the law in court ..

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

.. No , the fight is not over , not by any means . There will be appeals , no doubt , to the 4th Appeals Court , which is [right now] only an even – steven proposition between conservatives and liberals ..

Posted in personal opinion | Tagged: , , , , , , , , , | Leave a Comment »

… Another Victory for Gun Rights [#gun sales][#gun purchases]…

Posted by paulfromwloh on Monday,May 30th,2016

.. hopefully ..

.. this case centers on a case out of the 9th Circuit , that came out of a case that was originally dismissed in 2013 . The case revolved around an ordinance in Alameda County, California, which banned gun stores from being located within 500 feet of a residential zone. Three businessmen—John Teixeira, Steve Nobriga, and Gary Gamaz—argued the ordinance violated their Second Amendment rights when they were prevented from opening a gun store. They claimed that the ordinance was intended to keep legal gun dealers from operating in the county.

.. as I understand it , the way the ordinance was written basically would not allow any gun stores at all to be opened in Alameda County . When this happened , the 3 men [who wanted to open a gun store] sued . The district court dismissed the case . To say the least , a 3 – 0 ruling at the appeals level against the County was a shock ..

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

.. the case still has a long way to go . Alameda Cty could well appeal this to the full 9th Circuit , which has over 30 judges . It is also extremely liberal . It is also a question of whether the SCOTUS would even take up the case ..

.. but the first victory is at hand . Now , what will the County do ? How will the State of California react ?? ..

Posted in personal opinion | Tagged: , , , , , , , , , , , | Leave a Comment »

… No , this was not a Punt [#SCOTUS ObamaCrapCare ruling]…

Posted by paulfromwloh on Sunday,May 22nd,2016

.. I will admit , this one was a bit odd . It is extraordinarily rare when SCOTUS decides to play the role of ” mediator . ” ..

.. but this time , they did ..

.. what SCOTUS did what send the case back down to the Federal District Court , while acting to dismiss ALL of the appeals court rulings in the case . That is really creative ..

.. so , what does this do ?? ..

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

.. SCOTUS points the way towards an effective settlement . It also blocks the Feds from enforcing any penalties , thus lifting a great weight on the plaintiffs . It also gives a big hint towards what it wants to see , and what it does not want to see ..

.. this case , again ..

Posted in personal opinion | Tagged: , , , , | Leave a Comment »

… What is It with Judge Merrick Garland ?? [#judicial activist]…

Posted by paulfromwloh on Monday,March 21st,2016

.. he is a fine lawyer , a top graduate of Harvard Law School ..

.. he was an excellent prosecutor , leading the team that went after Timothy McVeigh and the Oklahoma City bombing case ..

.. he has been a decent judge and appeals court judge ..

.. but ..

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

.. he is a judicial activist . Yes , that is a serious problem ..

.. Yes , he is not as bad a nominee as POTUS could have chosen . There are radical nuts out there , ones such as Patricia Merritt and Goodwin Liu , that POTUS might have chosen . There is also good reason why POTUS did not choose them — they would not have had a whisp of a prayer of getting a hearing , much less getting confirmed to SCOTUS . So POTUS did not nominate them . He went with someone safer , like Garland ..

.. but Garland is still a judicial activist . A moderate , yes , but still a judicial activist by definition . POTUS has poisoned the federal bench enough with these radical activists . it will take months , if not years of impeachment trails and convictions to remove them all . So do allow this guy on the court ..

Posted in judgement (moral), judicial activism, legal theory, personal opinion, stupidity (legal) | Tagged: , , , , , , , , , , | Leave a Comment »

… This One is Important [#Legal Attack on Racial Preferences]…

Posted by paulfromwloh on Thursday,March 17th,2016

.. it could have been any school across the country .

.. in this case , it was one private school [Harvard College] and one public state university [the University of North Carolina] …

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

.. the lawsuit is gutsy , as well as a new front in the legal war that seeks to end racial preferences across the nation . They have to do it themselves , unfortunately , because they are not going to get any help from the ObamaCraps …

.. the ObamaCraps , especially , are about as pro – racial preferences a presidential administration that I have ever heard of . You can go back to the origination of the preferences , under both Republican and DemoCrap POTUSes . None of them have been this radical . None …

.. ironically , it is not white folks who are being discriminated against in this case . Nope , not this time . It is Asians , of all people , who are getting nailed by the racial preferences in admissions . Presumably , it is happening at the graduate and doctoral levels , as well …

.. I wish them God Speed , and good luck !! …

Posted in body of law, legal info, legal strategy, personal opinion | Tagged: , , , , , , , , , , , , , , , | Leave a Comment »

… POTUs has to Kidding [#SCOTUS][#nomination]…

Posted by paulfromwloh on Saturday,March 12th,2016

.. Is POTUS stubborn , blind , arrogant , stupid , or wHAT ?? ..

.. he really wants to piss people off and pick a fight . Doing so with the ” common man ” is one thing . Picking a fight with the U. S. Senate is another thing altogether ..

.. it does not matter that the three proposed nominees [one off of the 9th Circuit , and D.C. Circuit Appeals Court judges Sri Srinivasan and Chief Judge Merrick Garland] may well be moderates .They are not conservatives ..

.. [h/t — Newsmax.com]..
.. [link] to the news story ..

.. Do you really think that the senate G.o.P. caucus is going to allow POTUS to replace a god of theconservative movement [Antonin Scalia] with either moderate or possibly even a liberal ? No ! I don’t think so ! …

Posted in personal opinion | Tagged: , , , , , | Leave a Comment »

… The Good Guys Strike Back [#SCOTUS][#exec overreach]…

Posted by paulfromwloh on Thursday,February 25th,2016

.. POTUS  acts as if he is a power unto himself . He is  so damn arrogant that he does not seem to realize that there are limits to executive power . POTUS is not , as the Latinos call it , a caudillo , whose own word is law . He is a law unto himself . Un – uh . Our nation and our Constitution do not work that way ..

.. POTUS is the head of the Executive Branch . He / she is the head of one of three co – equal branches . If one branch [the Executive] starts to get too big for their britches , then one or both of the other two branches can and will strike back ..the blog post …

.. In this case , it is SCOTUS who has struck back , and handed the E.P.A. a stunning loss . It still applies , even with the death of Associate Justice Antonin Scalia ..

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

.. The E.P.A. has proposed what is known as the ” CleaN Power Plan . ” The plan is nothing more than a gigantic gross regulatory overreach into al of our lives . It also allows the OC to implement their Climate change plans by stealth , anD NOT BY LAW . wEll , the courts are having nothing of it .>

.. SCOUTS saw this COMing . It also saw a OC – stuffed dc appeals circuit that ould play aournd with the plan so that Scotus COULD not get its hands on it . WEll ,, SCOTUS saw right thru that stunt , and slapped down the D.C. Circuit , as well as the O.C. ..

Posted in personal opinion | Tagged: , , , , , , , , , , | Leave a Comment »

… If These Arguments are any Indication [#SCOTUS][#Friedrichs v CTA]…

Posted by paulfromwloh on Sunday,January 17th,2016

.. then the public sector unions throughout the country are in big trouble .

.. you would expect that Alito , Thomas , & Roberts would be solid votes to uphold Friedrichs are the likelies , Justices Kennedy and Scalia . I would also count among the possibles one of the liberals , Justice Steven Breyer ..

.. from the arguments , Scalia will be a strong vote to uphold . He may well even get the majority opinion to write , that is if the Chief Justice [Roberts] does not do so himself ..

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

… then there is Tony Kennedy . He literally is SCOTUS ‘ resident ” weather vane , ” that is the swing vote in may of the cases . he may well be a swing vote , but he is still nominally a conservative . One should try to remember that . So , in this case , he is a Yes vote ..

.. in arguments , Breyer was very leery about overriding the current precedent [Abood v Detroit Bd of Ed] . It does not mean that he will not do so . In recent cases , such as Knox v C.T.A , Breyer voted with the conservatives . It is possible , especially if he is given the majority opinion to write , that Breyer will do so again …

Posted in personal opinion | Tagged: , , , , , , , , , , , , , , , , , , , | Leave a Comment »

… This One Could Be a Game Changer [#Labour Law case][#Friedrichs v C.T.A.]…

Posted by paulfromwloh on Monday,January 11th,2016

.. yes , this one could really be a doozy ..

.. I think that there could be as many 6 votes for this one , possibly 7 …

.. well , start at the beginning . Lori Friedrichs is a schoolteacher in California . She resigned for her union , the C.T.A . This union is , to be specific , the California Teachers Association ..

.. California is not a union – friendly state . Since the latter part of the 1970s , the reigning SCOTUS precedent , Abood v Detroit Bd of Ed , has allowed unions to collect fees [agency fees , to be exact] from non – members of the union . These people are required by law , however , to be members of the collective bargaining unit , no matter what ..

.. [h/t — Politico.com]..
.. [link] to the blog article …

.. like many who resign from the union , Friederichs endured quite a bit . Teachers who resign from their union get a large amount of professional shunning and personal abuse from their fellow teachers . Yet she endured , as did several dozen others ..

.. now SCOTUS has offered certiorari on these folks appeal from their loss at the 9th Circuit Court of Appeals . Given the rulings and precedents of recent years , such as Beck v CWA , Ferris State Teachers , and Knox v CTA, the ground could be extremely dangerous for the AFL – CIO and their member unions ..

Posted in personal opinion | Tagged: , , , , , , , , , , , , , | Leave a Comment »

… In the 5th Circuit , the Government Just Missed … [#Texas v US]…

Posted by paulfromwloh on Friday,October 9th,2015

.. getting its butt kicked in court .

.. Why not ? Simple — His Lordship ‘ s antics on DAPA and DACA are that important , and deserve a full and public airing . boy , oh boy , was the judge ever pissed . That advisory that came through at the pleadings at the beginning of March [March 4th , to be specific] landed like a lead balloon in Judge Andrew Hanen ‘ s court . . So , now what ???

.. [h/t — WashingtonExaminer.com]…
.. [link] to the blog column ..

.. the has to know what is going on . Judge Hanen stopped just short of what is known as ” striking ” the government ‘ s case . What does that mean ? GAme , set , and match . If the government ‘ s case [and its pleadings] were ” stricken , ” then goodbye case . You could forget about any appeals to anywhere , including to SCOTUS …

.. because of the importance of the case , the case was not stricken . But the judge still can act to strike the case , if he finds more evidence of government misconduct . Especially if the misconduct goes much further up the line in the Department of InJustice , or even into the ObamaCrap White house …

Posted in personal opinion | Tagged: , , , , , , , , , , , , | Leave a Comment »

… It seems that We have another full Week to Wait [#SCOTUS]…

Posted by paulfromwloh on Sunday,June 22nd,2014

.. well , the end of the term is coming ..

.. Finally .

.. but not soon enough . According to the ScotusBlog schedule , there will be opinions issued this week , tomorrow [june 23rd] , and Thursday [june 26th] . Also , next Monday , June 30th ..

.. Well , we have another full week to wait for the fun opinions . A lot of the good stuff [Noel Canning , Hobby Lobby , etc] will likely come out on the 30th , on the last day of the month (and of the term) …

.. maybe we might get lucky , and they will move up the close to the 26th …

Posted in body of law, personal opinion | Tagged: , , , | Leave a Comment »