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All Posts in the ‘Law’ Category




State of the Union: President Obama’s Treatment of the Supreme Court

January 28th, 2010 | By LowellB in Editorials, Law, Lowell, Politics, TN Blog | 2 Comments »

Here we have the President of the United States, in his State of the Union address, hectoring the Supreme Court over a decision with which he disagrees, and urging Congress to help him circumvent the effect of that decision. This may be unprecedented.

You can see Justice Samuel Alito shaking his head and mouthing the words, “Not true,” in response to the president.

Thanks to Glenn Reynolds at Instapundit, we have this from Georgetown law professor Professor Randy Barnett:

In the history of the State of the Union has any President ever called out the Supreme Court by name, and egged on the Congress to jeer a Supreme Court decision, while the Justices were seated politely before him surrounded by hundreds [of] Congressmen? To call upon the Congress to countermand (somehow) by statute a constitutional decision, indeed a decision applying the First Amendment? What can this possibly accomplish besides alienating Justice Kennedy who wrote the opinion being attacked. Contrary to what we heard during the last administration, the Court may certainly be the object of presidential criticism without posing any threat to its independence. But this was a truly shocking lack of decorum and disrespect towards the Supreme Court for which an apology is in order. A new tone indeed.

Instapundit has a collection of additional comments on this latest episode.

One of the criticisms we hear about President Obama is that he is arrogant. This episode certainly seems to support that claim. And that attitude of arrogance may pervade his administration. In the video, you can see Eric Holder, the Attorney General of the United States, at the Court members’ right. He is sitting right next to them. At least, he was, until he leapt to his feet and, with a grin, began applauding the president’s statement. If nothing else, this whole episode is appallingly impolite.

And to think the president is a lawyer.

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U.S. Supreme Court Blocks Broadcast of Prop 8 Trial

January 10th, 2010 | By Sonja in Editorials, Gay Marriage, Law, Lowell, Lowell's Links, Media, Politics, Proposition 8, Uncategorized | No Comments »

Showing an abundance of caution, the United States Supreme Court has ruled to protect the proceedings of the Proposition 8 discrimination trial in San Francisco, blocking efforts by the trial judge, U.S. District Court Judge Vaughn to allow cameras into a

Federal Judge Vaughn Walker

Federal Judge Vaughn Walker

California federal courtroom for the first time.

Less than four weeks ago, the Ninth Circuit Court of Appeals determined that it was time to begin a pilot project exploring the benefits of broadcasting federal civil trials.   It is somewhat remarkable that the long-protected privacy of California federal courtrooms would become negotiable just weeks before the start of the Proposition 8 discrimination trial.   The Ninth Circuit’s “pilot project” immediately opened the door for Federal Judge Vaughn Walker to take extraordinary legal steps, on New Year’s Eve no less,  to extend the project to include the discrimination suit against Protect Marriage.  With every day, the prosecution of Protect Marriage seems to be led, not just by formidable constitutional attorneys David Boies and Ted Olson, but by Judge Walker as well.  An outraged National Review Online columnist, Ed Whelan, notes that by waiting until New Year’s Eve to make procedural moves to broadcast the Proposition 8 discrimination trial, Judge Walker essentially precluded the public from having any opportunity to oppose it.  In a letter written directly to the Judge, Whelan publicly challenges the motives behind the move:

Click to continue reading “U.S. Supreme Court Blocks Broadcast of Prop 8 Trial”

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Roman Polanski: A Few Choice Comments in Response to His Defenders

September 29th, 2009 | By LowellB in Editorials, Law, Lowell, Media, TN Blog | No Comments »

First, from Howard Kurtz:

If Polanski was an ordinary Roman, and not an award-winning film director, we wouldn’t be having this debate. There is sympathy for him because he’s considered a great artiste. The Hollywood elite wouldn’t give Polanski the plumber the time of day if he had sexually assaulted an underage girl. And that suggests to me a stunning double standard.

As Glenn Reynolds asks, “Suggests?”

Then there’s this from Megan McArdle:

You would think we’d busted him for unpaid parking tickets. The guy drugged a thirteen year old girl in order to rape her. Perhaps the French have some sophisticated, European point of view on these things that I, with my puritan ancestry, simply cannot rise to.

And here’s my personal favorite:

If his unspeakable deed doesn’t meet the standard, what exactly would Roman Polanski have to do in order to become a pariah in this town … I mean, besides vote for Sarah Palin?

Read the whole thing.

UPDATE:   A paragraph from scathing post by Kate Harding at Salon:

Click to continue reading “Roman Polanski: A Few Choice Comments in Response to His Defenders”

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Today Is Constitution Day

September 17th, 2009 | By LowellB in Law, Lowell, Politics, TN Blog | No Comments »

232 years ago today, 39 men signed the United States Constitution.  The National Constitution Center (photo at left) has a nice page commemorating the day.

In the Nineteenth Century the British Prime Minister Gladstone said, “The American Constitution is, so far as I can see, the most wonderful work ever struck off at a given time by the brain and purpose of man.”  I think he was right.

Here’s a photo of the statuary exhibit at the Constitution Center in Philadelphia.

Click to continue reading “Today Is Constitution Day”

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Behind The Scenes In The Gay Marriage Battle- A Must Read

August 24th, 2009 | By LowellB in Gay Marriage, Law, Lowell, Media, Politics, Proposition 8, TN Blog | No Comments »

Maggie Gallagher of the National Organization for Marriage has written a masterful and thorough article laying out the high-level strategic battle over traditional versus same-sex marriage in California and across the country.  The piece first appeared in National Review’s August 10 issue.    The Coalition for Marriage and Family has re-published Gallagher’s article here.   Those who have been following the issue will recognize just how spot-on Gallagher’s analysis is, and everyone who cares about the issue should read the entire article.  Here are some “teaser” paragraphs:

The headline on the story about a new CBS News/New York Times survey was interesting: “Poll: Support for Gay Marriage Dips.” How fast and how far had support for gay marriage had to drop before a mainstream-media headline acknowledged it, even as a “dip”?

Here’s the answer: 9 percentage points.

That’s right: In just a few short months, support for gay marriage in this poll plunged 9 percentage points, from its all-time high of 42 percent to 33 percent. . . .

Click to continue reading “Behind The Scenes In The Gay Marriage Battle- A Must Read”

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The Murder of George Tiller

June 1st, 2009 | By LowellB in Law, Lowell, Politics, TN Blog | 3 Comments »

tiller

Yesterday’s murder of George Tiller (photo at left) a Kansas physician who notoriously provided late-term abortions, has justly provoked a torrent of outrage and denunciation.  Hugh Hewitt said it well, and concisely:

“[E]ach time [an anti-abortion extremist commits such a murder] the pro-life movement grieves for the victim and the family of the victim, and for the cause of the unborn which is deeply damaged by violence of any sort, but especially of the worst sort.  Christians especially must forcefully condemn that which Christ would certainly denounce.”

We live in a nation of laws.  Period.  If we do not respect the law in our efforts to bring change, we are sowing the seeds of our own destruction.  In that regard, I’ve always loved this clip from A Man for All Seasons.  It’s worth the three minutes needed to watch it: Click continue reading for viewing.

Click to continue reading “The Murder of George Tiller”

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