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Keyword: caselaw

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  • Justice Kagan cautions Supreme Court can forfeit legitimacy

    09/12/2022 11:03:36 PM PDT · by where's_the_Outrage? · 76 replies
    AP ^ | Sept 12, 2022 | MARK SHERMAN
    WASHINGTON (AP) — Supreme Court Justice Elena Kagan on Monday cautioned that courts look political and forfeit legitimacy when they needlessly overturn precedent and decide more than they have to. Speaking less than three months after a five-justice conservative majority overturned Roe v. Wade's constitutional guarantee of abortion access, Kagan said the public's view of the court can be damaged especially when changes in its membership lead to big changes in the law. She stressed that she was not talking about any particular decision or even a string of rulings with which she disagreed. Still, her remarks were similar to...
  • It's not by accident SCOTUS is letting an unconstitutional law stand. It's by design.

    01/22/2022 7:06:18 PM PST · by where's_the_Outrage? · 64 replies
    MSNBC ^ | Jan 22, 2022 | Jessica Levinson
    A majority of the Supreme Court is acting more like a political body than a judicial one. Its treatment of Texas’ abortion law and its looming decision to overturn Roe v. Wade, which will for the first time overturn a case that provides a constitutional right, is merely part of the court’s lurch toward political activism. A majority of the Supreme Court is acting more like a political body than a judicial one. On Thursday, the court allowed the U.S. Court of Appeals for the 5th Circuit to flout its December ruling that the federal case brought by abortion providers...
  • Right Seeks Unprecedented Convention to Amend Constitution

    11/03/2018 3:05:27 PM PDT · by Jacquerie · 139 replies
    Associated Press ^ | November 3rd 2018 | MATT SEDENSKY
    NEW YORK (AP) — Whatever success Republicans have amassed in taking control of all three branches of U.S. government, and whatever fate awaits them as midterm elections near, some on the right are working to cement change by amending the Constitution. And to the mounting alarm of others on all parts of the spectrum, they want to bypass the usual process. They’re pushing for an unprecedented Constitutional convention of the states. While opponents are afraid of what such a convention would do, supporters say it is the only way to deal with the federal government’s overreach and ineptitude. “They literally...
  • Reno v. Flores, 507 U.S. 292 (1993)

    06/20/2018 9:56:20 AM PDT · by ATOMIC_PUNK · 4 replies
    https://supreme.justia.com ^ | OCTOBER TERM, 1992 | Justia
    OCTOBER TERM, 1992 Syllabus RENO, ATTORNEY GENERAL, ET AL. v. FLORES ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 91-905. Argued October 13, 1992-Decided March 23,1993 Respondents are a class of alien juveniles arrested by the Immigration and Naturalization Service (INS) on suspicion of being deportable, and then detained pending deportation hearings pursuant to a regulation, promulgated in 1988 and codified at 8 CFR § 242.24, which provides for the release of detained minors only to their parents, close relatives, or legal guardians, except in unusual and compelling circumstances. An immigration judge will...
  • Ted Cruz is a Naturalized Citizen, not "Natural Born"

    01/11/2016 4:52:40 AM PST · by Joachim · 227 replies
    Farmer John
    Ted Cruz is a Naturalized Citizen, not "Natural Born" by Farmer John The question of who qualifies as a "natural born citizen" may be close in some cases, but the case of Ted Cruz is easy. Constitutionally speaking, Cruz is a naturalized citizen, not "natural born." Regarding citizenship, the Constitution grants Congress power over a uniform rule of naturalization, not over citizenship generally. Any citizen whose citizenship is derived from an act of Congress is thus a naturalized citizen, constitutionally speaking, and thus not "natural born." The basic principle is stated in United States v. Wong Kim Ark, 169...
  • Obama Natural Born Citizen Issue Has a New Sinister Twist - Supreme court records - corrupted

    10/23/2011 4:36:08 PM PDT · by opentalk · 33 replies · 1+ views
    The Steady Drip ^ | October 22, 2011 | Sam Sewell
    JUSTIA.COM SURGICALLY REMOVED “MINOR v HAPPERSETT” FROM 25 SUPREME COURT OPINIONS IN RUN UP TO ’08 ELECTION Another "Gate" for the most corrupt, illegal "Presidency" in U.S. history. Case records were altered in the most important legal database in the nation, to cover up hard evidence of what a natural born citizen really is, as cases closed in on "Obama's" ineligibility for the US Presidency. So far, it's just on a few blogs and NOT in the MSM. Maybe we can correct that little "oversight?"While you're at it, point out "Obama's": - E-Verify check FAIL - Fraudulent draft registration -...
  • CNN's Toobin: 'Preposterous' to Believe in 2nd Amend. Right Back at Harvard

    07/15/2009 4:39:53 PM PDT · by Pyro7480 · 117 replies · 3,702+ views
    NewsBusters.org ^ | 7/15/2009 | Matthew Balan
    ...On Wednesday, legal analyst Jeffrey Toobin implied that the Supreme Court’s 2008 decision to uphold the Second Amendment was revolutionary: “When I was in law school...the idea that you had a Second Amendment right to a gun was considered preposterous....But the Supreme Court [in Heller]...said that...individuals have a personal right to bear arms.”...Anchor Wolf Blitzer raised the Second Amendment issue with Toobin, a graduate of Harvard Law School, and the others on their panel analyzing the hearings.... [and] asked...what were the nominee’s “positions, specifically on the federal obligation to support the Second Amendment, as opposed to local communities..?” The CNN...analyst...
  • In a First, Bankruptcy Judge Rules Calif. City Can Void Union Contracts (THIS IS HUGE!!!)

    03/17/2009 2:43:05 PM PDT · by 2banana · 59 replies · 1,914+ views
    Law.com ^ | March 17, 2009 | Pamela A. MacLean
    In a First, Bankruptcy Judge Rules Calif. City Can Void Union Contracts Pamela A. MacLean The National Law Journal March 17, 2009 In the first ruling of its kind, a bankruptcy judge held the city of Vallejo, Calif. has the authority to void its existing union contracts in its effort to reorganize, holding public workers do not enjoy the same protections Congress gave union workers at private companies. Municipal bankruptcy is so rare that no judge had yet ruled on whether Congressional reforms in the 1990s that required companies to provide worker protections before attempting to dissolve union contracts also...
  • LAT/WP vs Free Republic (need help on this one)

    06/17/2003 1:12:32 PM PDT · by greydog · 9 replies · 76+ views
    greydog
    To: Admin moderator/any other Freeper Is there a list of journalists/publications that is included in the LAT/WP vs Free Republic settlement, and where may I access it?