Showing posts with label Supreme Court. Show all posts
Showing posts with label Supreme Court. Show all posts

Deep Thought

Does Chief Justice Roberts recent decision make him an islamosocialistfascist or socialistislamofascist??

Affordable Care Act is Constitutional Holds Supreme Court

Chief Justice John Roberts, a Republican appointee, writes the majority opinion upholding the law's central provision requiring that all people have health insurance.  Full Opinion Here.

*Update:

Now that the conservative Republican-led Supreme Court has held the individual mandate as constitutional, and nearly the entirety of the whole Act save a Medicare clause, how long until Republicans start bragging that the whole mandate thing was their idea from the beginning??  I'm guessing not very long.

**Update:

My guess also is since the Court upheld Obama's signature accomplishment of his first-term, this almost guarantees Republicans will vote to hold Attorney Gen. Holder in contempt of Congress today.  It's pure politics and Republicans will destroy the country if it means hampering Obama.  They're cocksuckers no doubt about it.  

Quickies- SCOTUS Edition

  • No ruling expected today on HCR.
  • The Court upholds its recent Citizens United decision by tossing out Montana's challenge.
  • In a mixed bag the Court threw out some of Arizona's controversial immigration law but left some of its most heated parts intact. 
  • The Court also ruled in Miller v. Alabama that life in prison without parole for juveniles is unconstitutional.  Or at least that's what I think it says.


Quickies

  • The Supreme Court plunged into debate today on the fate of the Obama administration's overhaul of the nation's health care system.  A ruling is expected in June.
  • Republican Presidential Candidate, Newt Gingrich, said Obama acts like he's Muslim and is his own fault that some might believe it.
  • Santorum told a right wing Christian news broadcast that he would for sure consider being the VP nominee.
  • I picked 3 of the 4 Final Four teams this year.
  • Mitt Romney's cousin tells BBC News that Mormonism is a cult.  “'There’s compelling evidence that the Mormon Church leaders knowingly and wilfully misrepresent the historical truth of their origins and of the church for the purpose of deceiving their members into a state of mind that renders them exploitable,'” he explained."  Yeah, things like the Garden of Eden is in Jackson County, Missouri.  

Scalia: USSR Had a Better Constitution

Republican Supreme Court Justice Antonin Scalia said the Soviet Union's constitution was much better than America's.

"The bill of rights of the former evil empire, the Union of Soviet Socialist Republics, was much better than ours. I mean it literally. It was much better."

If Elena Kagan (or any Democratic appointed judge) had said this, the right wing would be rioting in the streets.  This would be a huge Fox News Alert.  Every Republican with a Fox News app on their cell phone would be exploding right now.  Facebook would be set aflame with neorotic Republicans crying about an immediate impeachment of Kagan and of Obama for appointing her.

Alas, calm down everyone.  Scalia is a Republican appointed by Saint Ronald Reagan.  You know, the same guy that armed, funded, and supplied intelligence to both Saddam Hussein and Osama bin Laden.  Everything is fine in the world.  Nothing to see here.


Supreme Watch

Kudos to the U.S. Supreme Court for striking down the Chicago handgun ban. It's my understanding the longtime Chicago ban prohibited people from owning and keeping handguns in their homes. Clearly unconstitutional in my book. And now the Supreme Court verifies my opinion.  The court ruled 5-4 the 2nd Amendment does apply to the state and local governments.  Where I might disagree is in the majority's opinion is where Justice Alito writes the Second Amendment is "among the most fundamental rights necessary to our system of ordered liberty."  I don't know if I would go that far, but it is an important one no doubt.

The conservative court also ruled in favor of the University of California's Hastings College of the Law that on-campus Christian groups cannot bar gays and still get funding from the school.  This ruling was also 5-4.

Two very different cases from opposite ends of the political spectrum and I think the Court nailed them both.

AP: Kagan Not a Bleeding Heart Anti-Military Liberal

What is this?? The AP fact checks GOP smears about SCOTUS nominee Elena Kagan and concludes she "is no ivory-tower peacenik" Are you kidding me? She played softball for goodness sake! And she voted for Obama! You expect me to believe this tripe? Pink commie rag.

Did Tea Baggers Really Shave Their Balls For This?

MA Sen. Scott Brown, who Tea Baggers like to think they helped propel his candidacy, decides Elena Kagan is not anti-military and says he has no problem with her explanation for ignoring military recruiters.  Look out Scott Brown, sacks will be flying your way.

Learning More About Kagan and a Defective Constitution

Before we hear from the wing-nut controlled GOP about how Kagan is the most liberal person in the world except when she stands next to the president, there are a few clues as to her political leanings.

One that stands out, to me at least, is her answer to Sen. John Cornyn's question about gay marriage.  Yes the same John Cornyn that is so concerned with life issues that he called health care reform a "gulag" and numerous times said it would create "death panels."
Question: Do you believe there is a federal constitutional right to same sex marriage?
Answer: There is no federal constitutional right to same sex marriage.
Wow, what a liberal!!!  Remember, though, Lincoln said the same thing about the Constitution and slavery.  And we all know what he did.  He freed those dang slaves.

I don't see many of her opponents focusing on that, however.  What they will do is follow their Leader Rush Limbaugh's Patriotic lead and scorch her for agreeing with Justice John Marshall that the Constitution in its original drafting was "defective." Not a real smart argument either but it's so wing-nut oriented the GOP will surely jump all over it.

Of course the Constitution was defective in 1787.  The Framers knew this, which is why they allowed for amendments.  Through the amendment process the original drafting of the document has been corrected many times.  Most importantly to ban such things as slavery and Jim Crow.  And to also add other basic rights like women's suffrage.  Very defective items in every sense of the word.  Barbaric is also another word to describe the original intent of the Constitution.  Foresight is a great word to describe Article V and thank God for that.

Should Have Bet Money on It

President Obama selects Elena Kagan to fill Justice Stevens' seat on the Supreme Court. She was my least favorite choice. Should have known she would be his pick. And dear God is she ugly. Yes I'm being as superficial as possible.

You Don't Have to Agree, But It's Not Always An Attack On Our Nation

Matt hits on a point here that reminds me of a conversation I was having with a friend the other day about the constitutionality of the Affordable Care Act. Not to get too far into that conversation, it seems to me that so-called conservatives are always talking about a strict reading or a Founder's intent reading of the Constitution to ridicule something they don't support. The Affordable Care Act being one of the many examples.

What Matt links to is a joke by another blogger asking where in the Constitution does it give congress the power to cap oil spills. It's a joke of course. But it's very contextual. Take for instance a strict reading of the 2nd Amendment. There is no doubt the Founder's didn't mean everyone has the right to own a bazooka. If we use a strict Founder's intent reading, one of the most precious right wing causes gets wiped out.  Yet it's the Amendment the right wants to paint as broadly as possible.


In the end, it really doesn't matter what I think is unconstitutional or not.  It really only matters what the Supreme Court thinks.  I happen to think the War Powers Act is unconstitutional; however, unless and until the Supremes decide to take it up it's as legal as a ban on cell phones while driving.  I don't agree with that law either. Fortunately or unfortunately the Constitution rests such verdicts with the Supreme Court and not with me.  That's the essence of our system, not an abuse of it.

Take That White House

I would really like to believe the White House's spin that the president won't have to carefully choose his replacement for Justice Stevens because it's not like the GOP is going to support him any way. The truth is, the White House is carefully considering their pick exactly because they are gauging right wing reaction.

I think Chief Justice Roberts is one of the most solid SCOTUS picks in a hundred years, and maybe the lone shining moment of the Bush administration. But even if Obama picked Roberts now, the GOP would still oppose it simply because Republicans view the president as an illegitimate enemy of the country that must be opposed at all costs. There is no "basic sanity." It is what it is.

Friday Flashback

hahahahhahahahahahahahahahhahahahaha!!!!

Senator Franken

This is definitely something I would do if I were a senator. Maybe that's why I like having him in the senate.

I Knew It Was Coming

I was merely only halfway joking when I stated in the post below that it might calm Republicans somewhat in their Dark Age thinking knowing that Sotomayor is probably menopausal. Meaning she no longer has a monthly period thus helping her with her emotions. I was kidding. But I also knew the GOP would not be far behind in announcing their fear that a menstruating woman could not be trusted to serve as a Justice on the United States Supreme Court.

Domestic terrorist and Republican Super Patriot G. Gordon Liddy:

"Let's hope that the key conferences aren't when [Sotomayor]'s menstruating or something, or just before she's going to menstruate. That would really be bad. Lord knows what we would get then."

This is the current Republican Party. They are perpetually in a state of fear that Cavemen will one day be extinct. It's unbelievable the GOP is actually a major national political party. Unbelievable and sickening all at the same time.

My question is where are the women at in denouncing this stuff??

Crusty Old White Men Are Scared To Death!

I swear they're worse than the French.

Karl Rove warns America we should be fearful of having a Latina woman as a Justice since she is capable of making decisions based on emotion.
There is a certain irony in a president who routinely praises America's commitment to "the rule of law" but who picks Supreme Court nominees for their readiness to discard the rule of law whenever emotion moves them.
I cannot believe we are in the 21st century and a major national political party in America is still using 18th and 19th century chauvinist language to argue against a female holding a government office. How can we possibly still be stuck in the rut of 'women are emotional and can't be trusted to make sound decisions?' It's embarrassing just how far we haven't come and just how far a major national party wants us to fall back to.

If it's any comfort to Republicans, I bet Sotomayor no longer has periods but is menopausal. Therefore, her emotions are limited to hot flashes and increased abdominal fat.

More Fear From Crusty Old White Men

Yesterday we were made aware of the repercussions of women having "opinions" and having spoken in public. During the days of Cavemen, women weren't allowed to have opinions or speak unless spoken to. So it's understandable that white males in the Republican Party would have personal side effects to the nomination of a non-penis, browned skinned person on the Supreme Court. You have to put yourself in their shoes for a second. In the last two years they have witnessed their whole world crumble apart. Their majority in Congress was overwhelmingly tossed from power, their Great and Brave Leader went down in history as the worst and most unpopular president ever and their newest crusty old white man was thumped in one of the most historical presidential elections ever. It's a terrible time to be a Caveman. What will happen to Glorious War, Freedom Bombs and evildoers?

Today we are made aware of even more consequences from the nomination of Sonia Sotomayor to the Supreme Court, doing such "embraces identity politics."

More Sotomayor

Reagan adviser David Gergen calls Sotomayor's nomination Obama's "finest hour." Even George W. Bush's second Attorney General and the nation's first Hispanic Attorney General says Sotomayor's nomination "is a powerful message, a powerful message of hope and opportunity of hope."

I'm not sure I can be for it if Gonzo is.

Sotomayor

President Obama picks Sonia Sotomayor for the Supreme Court. First Hispanic woman ever selected. Faces confirmation hearing.

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