Keyword: judicialactivism

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  • Obama Donor Judge: No Sanctuary for American Victims

    11/22/2017 9:21:35 AM PST · by Kaslin · 21 replies
    American Thinker.com ^ | November 22, 2017 | Daniel John Sobieski
    The Constitution and the laws passed by Congress define one person who determines and executes U.S. immigration policy and U.S. District Judge William Orrick is not it. Yet Judge Orrick is once again opposing the expressed will of the American people through their elected representatives by issuing a permanent ban on President Trump’s executive order defunding sanctuary cities: A federal judge in California has blocked President Trump’s executive order to cut funding from sanctuary cities that don’t cooperate with U.S. immigration officials. U.S. District Court Judge William Orrick issued the ruling Monday in lawsuits brought by San Francisco and Santa...
  • Peace Cross of Bladensburg ruled unconstitutional by appeals court

    10/18/2017 4:18:06 PM PDT · by markomalley · 26 replies
    Washington Times ^ | 10/18/17 | Bradford Richardson
    A three-judge court panel ruled Wednesday that a World War I memorial in the shape of a cross in Bladensburg, Maryland, is unconstitutional, a decision that a legal scholar says could imperil other similar memorials. In a 2-1 decision, the U.S. Court of Appeals for the 4th Circuit said the 40-foot cross erected 92 years ago violates the First Amendment’s Establishment Clause. “The monument here has the primary effect of endorsing religion and excessively entangles the government in religion,” Judge Stephanie Thacker wrote for the majority. “The Latin cross is the core symbol of Christianity. And here, it is 40...
  • Sotomayor: Judging brings emotions, but keep them in check

    10/16/2017 3:09:33 PM PDT · by Olog-hai · 32 replies
    Associated Press ^ | Oct 16, 2017 5:45 PM EDT
    U.S. Supreme Court Justice Sonia Sotomayor told college students in New York City that she sometimes feels “great turmoil” inside when she is hearing arguments on the bench, but works hard to keep her emotions and personal biases in check. […] “You can’t do human activity — and judging is a human activity — without having human emotions,” she told the crowd at the LeFrak Concert Hall. “The sense of how you deal with it is to acknowledge it. I look at it, examine it, try to figure out the effect it’s having, and then try to adjust my behavior...
  • Judge: Black Lives Matter is a movement that can't be sued

    09/28/2017 11:52:23 AM PDT · by doug from upland · 65 replies
    WRAL ^ | 9-28-17 | Kuinzelman
    BATON ROUGE, LA. — A federal judge has ruled that Black Lives Matter is a social movement that can't be sued over an officer's injuries during a protest following a deadly police shooting in Baton Rouge last year. A Baton Rouge police officer sued Black Lives Matter and DeRay Mckesson, a prominent activist in the movement. But U.S. District Judge Brian Jackson ruled Thursday that Black Lives Matter is not "an entity of any sort," and like the tea party or civil rights movement, it can't be sued.
  • U.S. Courts Taking Climate Change Seriously

    09/28/2017 6:35:19 AM PDT · by Oldeconomybuyer · 51 replies
    The Hartford Courant ^ | September 28, 2017 | by Robert Thorson
    Hallelujah! The third branch of the federal government, the appointed judicial branch, is finally getting serious about climate science. No longer can the elected executive branch and the elected legislative branches cave in to popular pressure to avoid the inconvenient truth that climate change adaptations will be hugely expensive. My hope is that the lawsuits that will surely follow Hurricanes Maria, Jose, Irma and Harvey will help normalize the idea that "government can be legally accountable for failure to prevent foreseeable harms to its citizens." That quote comes from a hot-off-the-press column published in the Sept. 8 issue of Science,...
  • Retired Jurist Makes Compelling Case For Term Limits In Stunning Admission

    09/13/2017 11:56:01 AM PDT · by DeweyCA · 26 replies
    Hotair.com ^ | 9-13-17 | Ed Morrissey
    For decades, a debate over lifetime appointments in the federal judiciary have pitted those who value freedom from political influence against those who see a need for accountability. The former want to continue the tradition, and the latter want either term limits, retention elections, or a combination of both, as many states have in place now. No serious effort has been made to propose such a system, but perhaps an “exit interview” by the New York Times’ Adam Liptak of retired appellate jurist Richard Posner will prompt one. And it should, as Posner inadvertently makes the best possible case for...
  • Appeals court rules against Trump administration on travel ban

    09/07/2017 4:22:33 PM PDT · by jazusamo · 67 replies
    CBS ^ | Sept 7, 2017 | AP
    The 9th U.S. Circuit Court of Appeals on Thursday rejected the Trump administration's limited view of who is allowed into the country under its revised travel ban. A three-judge panel decided that grandparents, cousins and similarly close extended family relationships of people in the U.S. shouldn't be prevented from coming to the country. The court also said refugees already accepted by a resettlement agency shouldn't be banned. The appeals court decision upholds a decision from a district court judge in Hawaii, who said the administration's view was too narrow. The decision impacts the revised travel ban, which temporarily suspends new...
  • Maryland ‘assault weapon’ ban appealed to U.S. Supreme Court

    07/24/2017 10:51:32 AM PDT · by PROCON · 30 replies
    guns.com ^ | July 24, 2017 | Chris Eger
    Pro-gun rally in front of Maryland State House in Annapolis on Feb. 6, 2013 protesting the state’s controversial Firearms Safety Act. (Photo: Andrew Harnik/The Washington Times) A long-simmering challenge against Maryland’s 2013 Firearms Safety Act has been appealed to the nation’s highest court. Attorneys for the Maryland State Rifle and Pistol Association and the National Shooting Sports Foundation on Friday filed the 325-page petition to the U.S. Supreme Court on behalf of Stephen Kolbe and a series of gun stores and shooting clubs asking the court to protect popular semi-automatic rifles and magazines from prohibition. At stake is the 2013...
  • Judge rules in favor of Hawaii in challenge to Trump travel ban

    07/14/2017 12:31:43 AM PDT · by LeoWindhorse · 42 replies
    Hono Star Ad ^ | Star-Ad staff
    A federal judge in Honolulu has expanded the Trump administration’s list of family relationships needed by people seeking new visas from six mostly Muslim countries to avoid a travel ban. U.S. District Court Judge Derrick Watson ruled today that the travel ban exemptions should include grandparents, grandchildren, uncles, aunts and other relatives. President Donald Trump’s travel ban, which was partially allowed by the U.S. Supreme Court, did not include grandparents, grandchildren and other relations considered “bona-fide” family relationships to be granted an exemption to the ban. The administration said a bona fide relationship would be a parent, spouse, fiance, son,...
  • Comey visits The NYTimes building as Trump admits he did NOT record their conversations

    06/22/2017 7:50:34 PM PDT · by Whenifhow · 45 replies
    Daily Mail ^ | June 22 2017 | Jennifer Smith
    Former FBI director James Comey made a quiet visit to The New York Times building on Thursday, one of few public outings since he admitted leaking stories to the newspaper about President Trump before the Senate Intelligence Committee on June 8. Comey kept his sunglasses on and his gaze forward as he marched through the front entrance of the Times Square office building which houses the publication. He was accompanied by his wife Patrice Failor who also wore sunglasses. Unmistakable as he towered over the crowds in a crisp navy suit and tie on one of the warmest days of...
  • EXCLUSIVE - James Comey visits The New York Times building [tr]

    06/22/2017 8:00:29 PM PDT · by bryan999 · 38 replies
    Former FBI director James Comey made a quiet visit to The New York Times building on Thursday, one of few public outings since he admitted leaking stories to the newspaper about President Trump before the Senate Intelligence Committee on June 8. Comey kept his sunglasses on and his gaze forward as he marched through the front entrance of the Times Square office building which houses the publication. He was accompanied by his wife Patrice Failor who also wore sunglasses. Unmistakable as he towered over the crowds in a crisp navy suit and tie on one of the warmest days of...
  • Lack of Judicial Impartiality Threatens Rule of Law

    05/29/2017 11:10:44 PM PDT · by DeweyCA · 21 replies
    American Greatness ^ | may 28, 2017 | Roger Kimball
    Why do judges wear black robes? It’s a question few judges today seem to be asking themselves. It certainly appears not to have troubled the mind of Chief Judge Roger Gregory of the Fourth Circuit Court of Appeals who, it seems, must instead be a student of Jorge Luis Borges. A couple of days ago, Judge Gregory, writing for the majority, upheld a lower court’s decision against President Trump’s revised Executive Order imposing a temporary travel ban from a handful of countries identified as hotbeds of terrorist activity. As Byron York points out, the decision broke 10 to 3 along...
  • NC House Bill: U.S. Supreme Court Exceeded Authority of 'Almighty God' in Creating Gay Marriage

    04/12/2017 9:07:37 PM PDT · by Olog-hai · 31 replies
    Cybercast News Service ^ | April 12, 2017 | 4:24 PM EDT | Michael W. Chapman
    Members of the North Carolina General Assembly introduced a bill on Tuesday, citing the 10th Amendment, which affirms that the U.S. Supreme Court exceeded its authority under the Constitution and in relation to the “decree of Almighty God” by legalizing same-sex marriage, and contends that the Obergefell v. Hodges decision “is null and void” in North Carolina and that the Tar Heel state shall only recognize marriages between one man and one woman. The legislation explains that North Carolina seeks to follow the 2012 law that was established in Section 6 of Article XIV of the North Carolina Constitution, which...
  • Court: Civil Rights Law covers LGBT workplace bias

    04/04/2017 4:20:49 PM PDT · by Olog-hai · 13 replies
    Associated Press ^ | Apr 4, 2017 7:08 PM EDT
    A federal appeals court in Chicago on Tuesday ruled that the 1964 Civil Rights Act also protects LGBT employees from workplace discrimination, the first time a federal appellate court has come to that conclusion. The decision by the full 7th U.S. Circuit Court of Appeals in Chicago comes just three weeks after a three-judge panel in Atlanta ruled the opposite, saying employers aren’t prohibited from discriminating against employees based on sexual orientation. It also comes as President Donald Trump’s administration has begun setting its own policies on LGBT rights. Late in January, the White House declared Trump would enforce an...
  • The Supreme Court is Not a Super-Legislature

    03/21/2017 12:45:09 PM PDT · by ckinv368 · 14 replies
    Kinvig on Politics ^ | 3-21-2017 | Cameron Kinvig
    Due to the unfortunate passing of Justice Scalia in February of 2016, the United States Senate recently began confirmation hearings for President Trump’s pick to take his seat on the Supreme Court—Judge Neil Gorsuch of the 10th Circuit. Judge Gorsuch has received almost universal acclamation from those on the Right. He is admired for his even temperament, his common sense, his dedication to originalism and textualism, and his belief that judges shouldn’t employ an “outcome based” judicial activism. Despite being unanimously confirmed to his post on the 10th Circuit by the Senate in 2006, the Left is now opposing his...
  • The surprising reasons judges like their robes: Star Wars, the Wizard of Oz and fashion

    03/17/2017 11:02:59 AM PDT · by kevcol · 15 replies
    The Washington Examiner ^ | March 17, 2017 | Ryan Lovelace
    Most judges appear to enjoy wearing robes, but many of the reasons why they do have next to nothing to do with their profession. The National Judicial College interviewed 1,250 of its alumni and found 83 percent of them enjoyed wearing judicial robes to work. More than 20 percent of the respondents offered their reasons, ranging from "I look awesome in black. That's why I became a judge," to "I like the way it moves like Dracula's cape as I walk quickly down corridors." . . . Other judges chose not wear robes to avoid letting power go to their...
  • Judges warn lawmakers against splitting 9th Circuit

    03/16/2017 11:11:27 AM PDT · by kevcol · 52 replies
    The Washington Examiner ^ | March 16, 2017 | Kelly Cohen
    Three judges on the U.S. Court of Appeals for the 9th Circuit warned a House Judiciary subcommittee Thursday that their jurisdiction should not be split in two. "Circuit division would have a devastating effect on the administration of justice in the western United States," Chief Circuit Judge Sidney Thomas said in prepared remarks to the House Judiciary Subcommittee on Courts, Intellectual Property and the Internet.
  • Judges fight move to break up 9th Circuit Court of Appeals

    03/13/2017 5:11:39 AM PDT · by kevcol · 45 replies
    The Washington Examiner ^ | March 13, 2017 | Ryan Lovelace
    Judges from the 9th Circuit Court of Appeals are urging senators not to pass legislation to break up that district, which President Trump said was in a state of "chaos." . . . The Judicial Administration and Improvement Act of 2017 would create a new 12th Circuit Court of Appeals covering Alaska, Arizona, Idaho, Montana, Nevada and Washington state. The states remaining in the new 9th Circuit would include California, Oregon, Hawaii and the territories of Guam and the Northern Mariana Islands.
  • In 'Unique' Case, Judge Grants Legal Custody of 1 Child to 3 Adults

    03/10/2017 5:10:23 AM PST · by Behind Liberal Lines · 13 replies
    New York Law Journal ^ | 03.09.17 | Joel Stashenko
    Calling it the logical extension of the legalization of same-sex marriage and the...expansion of unmarried partners' custody rights in New York, a judge has granted "tri-custody" of a boy to a man and two women who have all helped raise the youngster. Justice H. Patrick Leis III said in his March 8 determination that both biological parents of a child identified as "J.M." have shown their love and concern for the now-10-year-old—but so has the woman named "Dawn M." who brought the action seeking the unique "tri-custody" arrangement. The biological mother of the child, "Audria," supported Dawn M.'s petition for...
  • Did Judge Help Immigrant Escape ICE Agents Waiting Outside Courtroom?

    03/04/2017 8:08:27 AM PST · by RideForever · 17 replies
    ABA Journal ^ | 3/3/2017 | Debra Cassens Weiss
    "Williams decided he wouldn’t open a criminal investigation or pursue an ethics complaint, according to the Willamette Week. Instead, Williams and officials with ICE and the Department of Justice’s Office of Professional Responsibility met with court personnel to discuss the issue over lunch."