Free Republic

WASHINGTON - Justice Sandra Day O'Connor was the Supreme Court's most frequent flier in 2004, taking 28 paid trips to England, Austria and other places, financial reports show. The annual disclosures on Friday painted a picture of a well-heeled group on the nation's highest court, with at least six of the nine justices holding more than $1 million in assets: O'Connor, Stephen G. Breyer, Ruth Bader Ginsburg, Antonin Scalia, David H. Souter and John Paul Stevens. None of the justices reported receiving gifts, although three of them - Scalia, Clarence Thomas and Anthony Kennedy - received more than $20,000 in...

WASHINGTON - Sen. John Cornyn of Texas is flattered to be mentioned as a possible candidate for the U.S. Supreme Court and would consider the job if it were offered. But the freshman lawmaker is hardly seeking a new engagement. "He is very happy being a senator," spokesman Don Stewart said. "You can never rule out something like that, but it is not something he is looking for or something he has asked for." Stewart said Cornyn, a former Texas Supreme Court justice and state attorney general, likely will run again for the Senate when his term is up in...

The recent release of Justice Harry A. Blackmun's private Supreme Court case files has starkly illuminated an embarrassing problem that previously was discussed only in whispers among court insiders and aficionados: the degree to which young law clerks, most of them just two years out of law school, make extensive, highly substantive and arguably inappropriate contributions to the decisions issued in their bosses' names. Even Roe vs. Wade, Blackmun's most famous decision, which legalized abortion nationwide in 1973, owed lots of its language and much of its breadth to his clerks and the clerks of other justices. A decade later,...

Stripping Senate Democrats of their right to filibuster judicial nominees is a prelude to a broader assault on the judiciary known as “court stripping.” What Shelby and his backers are really after is gay marriage. If the Constitution Restoration Act of 2004 were law, the Massachusetts Supreme Court could not have ruled that two people of the same sex can marry. “They’re doing in a sense what Iraq is trying to do,” says Lichtman, “make religious law supreme and not reviewable by any court, least of all the Supreme Court.” She adds that while Jews have to speak up, along...

WASHINGTON - The Senate moved closer Monday to a confrontation over a Republican threat to block a Democratic filibuster of some of President Bush's judicial nominees. Both sides pointed to the record of Priscilla Owen, a Texas Supreme Court justice who was nominated by President Bush four years ago and whose case may be used by Republicans in a procedural challenge to the filibuster. Sen. John Cornyn, R-Texas, charged that Owen's nomination to the U.S. Fifth Circuit Court of Appeals has been stalled by Democrats eager to score political points. "This debate is not about principle; it is all about...

Speech Delivered by John Armor, Esq. March for Justice II Washington, D.C. / April 7, 2005 I’m here today because of a brilliant professor in a course I took almost by accident, 41years ago. My last semester in college, I signed up for a course in Constitutional Law. It was taught by Dr. William Muir, a young man who was crippled and wore massive leg braces, but his mind was as sharp as any I’ve ever encountered. He had a passion for the Constitution. He taught that passion to me. At Spring Break, when most of my classmates were on...

In the wake of their election victory, Republicans are spreading the idea that judicial nominations are a presidential prerogative, much like visits to Camp David, and that the role of the Senate in the process is a ministerial one. ...So I propose a parlor game that all of us--Democrats, Republicans, Independents, liberals, conservatives, moderates--can play. Let's think of questions that both should and properly could be posed to a judicial nominee by senators who worry about the wisdom of awarding him or her a lifetime seat on the Supreme Court. Let's think of questions that really tell us something we...

"By what conceivable warrant can nine lawyers presume to be the authoritative conscience of the Nation?" So asked an incredulous Justice Antonin Scalia in response to the latest outrage by the U.S. Supreme Court. Five activist justices (not even nine) just imposed their personal social preference on every American voter, state legislator, congressman, and juror. Adding insult to injury, the supremacist five used foreign laws, "international opinion," and even an unratified treaty to rationalize overturning more than 200 years of American law and history. Justice Anthony Kennedy's majority opinion in Roper v. Simmons is a prime example of liberal judges...

God reform this dishonorable court On Tuesday morning, the Supreme Court of the United States did more damage to its reputation than on any day since Jan. 22, 1973, when the court handed down Roe v. Wade. After the angry reaction to Bush v Gore and a looming battle to replace aging justices, the court requires a new check on its power. In the case of Roper v. Simmons, five justices struck down the court's own recent ruling, federal law and the individual laws of 18 states that allow the death penalty when mature teens commit heinous acts of murder....

Q&A by Kathryn Jean Lopez Radio talk-show listeners know Mark R. "F. Lee" Levin well. President of the Landmark Legal Foundation, Levin is a frequent guest on/fill-in host on the Rush Limbaugh and Sean Hannity shows. He's also got his own show on weeknights in New York (WABC). But his first love is the Constitution, and that's the focus of his new book, Men in Black: How the Supreme Court Is Destroying America. In Men in Black, Levin gives a brief, accessible history of judicial activism and offers possible solutions to curb it. Levin talked to NRO editor Kathryn Lopez...

Taking the Stand Pack the Supreme Court By Bruce Fein President George W. Bush should pack the United States Supreme Court with philosophical clones of Justices Antonin Scalia and Clarence Thomas and defeated nominee Robert H. Bork. Multiple vacancies will inescapably arise in his second term. Senate Republicans should vote the Senate filibuster rule as applied to thwart a floor vote for judicial nominees unconstitutional and unenforceable. Both measures are necessary to vindicate the Constitution according to its original meaning and to eclipse an airbrush artist interpretive approach embraced by a majority of sitting justices. Neither gambit would impair judicial...

The Democrat filibuster of judicial nominees in the Senate is unprecedented. Unfortunately, even a handful of conservatives treat these filibusters in the context of political calculations rather than unconstitutional abuses of power. Whatever the politics of ending the Senate's judicial filibusters, and one can only speculate, defending the Constitution is paramount.http://www.washtimes.com/op-ed/20050110-084508-7971r.htm

Slated to lead Senate Democrats in the 109th Congress, Sen. Harry Reid of Nevada epitomizes Democratic Party descent from debate to deceit in criticizing conservative Supreme Court justices and distorting court rulings. That vertical plunge in intellectual honesty thwarts constructive exchanges over the Constitution and Supreme Court appointments. Mr. Reid and colleagues should either do their judicial homework or remain silent. Nothing is as dangerous as ignorance or propaganda in action. James Taranto ( Opinion Journal, Jan. 3) has highlighted Mr. Reid's continued assault on Justice Clarence Thomas' credentials in Mr. Reid's Dec. 26 interview on CNN's "Inside Politics." He...

Well isn't that interesting: John Edwards is on his way out, so that makes Arlen Specter the trial lawyers' darling in the Senate. The liberal Specter is also in line to become chairman of the Senate Judiciary Committee. If that happens, we're betting that President Bush's plans for tort reform will be dead on arrival. The real problem, though, will be the Senate approval for Supreme Court Justices. Bush may get to pick three this term, as well as elevate Clarence Thomas to Chief Justice. As Justice Committee chairman, will Specter play ball and support Bush's picks? Many groups around...

 First order of business: Thank you Florida! People there are still cleaning up after the hurricanes and some still do not have proper residences. Yet they took the time to stand in line to vote. We should all take the time to send a note of thanks to a friend in Florida. Y'all see all the red on that USA Today map? Check out the difference between the 2000 map and this year's.[1] Dubya is the first President to be re-elected and gain seats in both the House and Senate since 1936. The last President to receive an outright majority...

Chris Lilik wrote: From: "Chris Lilik" To: "Chris Lilik" Subject: STOP SPECTER FROM BLOCKING BUSH'S PRO-LIFE JUDGES! Date: Fri, 5 Nov 2004 08:38:22 -0500 Folks, Less than 10 hours after President Bush and conservatives’ tremendous victory, Senator Arlen Specter stated that Bush has NO MANDATE and warned that he would consider blocking Bush’s pro-life/conservative Supreme Court Justices. “Specter, as presumptive chairman of the powerful Senate Judiciary Committee, suggested that he would block any Bush nominee to the Supreme Court who opposed abortion rights.” –Philadelphia Inquirer Join thousands of others across the country in sending a CRYSTAL CLEAR message to Senate...

Miguel Estrada: U.S. Court of Appeals for the D.C. Circuit Date: June 11, 2001 · From the Free Congress Foundation’s Judicial Selection Monitoring Project Background: On May 9, 2001, President Bush nominated Miguel Estrada to be U.S. Circuit Judge for the District of Columbia Circuit. Miguel Estrada is a native of Honduras who immigrated to the United States at age 151. Two years later, Mr. Estrada took the SAT2 in English and was accepted to Columbia College, from which he graduated magna cum laude. He received his J.D. from Harvard Law School in 1986 and once again graduated magna cum...

Pat Buchanan is biting the bullet. The three-time presidential candidate and strong opponent of the war in Iraq is urging fellow conservatives to vote Republican. His reason: the Supreme Court. "For conservatives, there is no more compelling argument for a Republican president," he writes in his new book, "Where the Right Went Wrong." "And if one wishes to be a part of the fight for a new court, and for the soul of the Republican Party, one cannot be found AWOL in November."

The Case Against Kerry Reason #5: Kerry is a Pro-Abortion Extremist Posted Sep 3, 2004 The presidential election of 2004 may be just as close as the presidential election of 2000. Once again, the outcome could be determined by a handful of votes in a single state. Yet, the stakes in this election are enormous. While the vote margin between President Bush and Democratic candidate John Kerry may turn out to be small, the differences in where they intend to take the country are vast. Kerry is the most liberal member of the U.S. Senate. But he has labored in...

Seattle Catholic(www.seattlecatholic.com / seattlecatholic@hotmail.com) August 10, 2004 Three Just Justices of the Supreme Court by Jason Fabaz There are only three pro-life, anti-sodomy justices on the Supreme Court and each one was nominated by a Republican president. Justice Rehnquist was named to the Supreme Court by President Nixon in 1972 and appointed Chief Justice by President Reagan in 1986. Also in 1986, President Reagan named Justice Scalia to the Supreme Court. In 1987, President Reagan nominated and fought for another pro-life Justice: Robert Bork (who has recently converted to Catholicism) but the Democrats infamously refused to confirm Bork, principally...

Dems Issue Gag Order on Courts by Phyllis Schlafly Posted Aug 13, 2004 The principal speakers at the Democratic National Convention conspicuously avoided one topic: the courts. Speakers declined to say what kind of judges Democratic presidential candidate John Kerry would appoint, how his choices might affect future court decisions or why the Democrats blocked President George W. Bush's judicial appointments. This silence about the courts is especially odd given that the Democratic Party has become a party of lawyers and that lawyers were given the prime time podium at the convention. Call the roll: Sens. Kerry and Edward M....

While President Bush has been able to do a number of good things as President, the most tragic aspect of his presidency, is that he has not been able to appoint a Justice to the Supreme Court. I was sincerely hoping that Stevens, Rehnquist and O'Connor would retire, as was widely speculated in the media, which would allow Bush to appoint conservative justices in their 40s and early 50s, who would influence the court for the next generation. These justices would have the same influence on the court that Justice Rehnquist has had over the past 30 years. Unfortunately, Bush...

PIKEVILLE, KY – If voters want to know more about the race for Kentucky Supreme Court, it is just a mouse-click away. Will T. Scott, who is a non-partisan candidate for the Kentucky Supreme Court in the 7th District on November 2, 2004, officially launched his campaign website today. It is on the Internet at www.willtscott.com. “The website is intended to directly communicate with people about our campaign. They can see who I am, what my qualifications are, and why I’m running. More importantly, they can “be the judge” in this campaign,” Scott said. Scott referred to a section “You...

Republican 'Moderates' Only Advance Liberalism By Christopher G. Adamo April 26, 2004 Slowly, reluctantly, grassroots conservatives are waking up to the fact that their agenda is being systematically undermined and thwarted. Worse yet, this is consistently happening at the hands of Republicans. The GOP controls the Senate, the House of Representatives, and the White House. The overwhelming majority of Supreme Court Justices are Republican appointees. And Republicans hold the majority of state governorships. Yet the moral bankruptcy of the counterculture relentlessly advances. The upcoming primary election in Pennsylvania stands as a sterling example of just what is wrong with the...

<p>As members of the guild, we realize editorial writers have to be angry about something. But the standards for outrage are clearly slipping when papers all over America are reduced to denouncing a hunting trip by Supreme Court Justice Antonin Scalia and Vice President Dick Cheney.</p>

The Supreme Court reaffirmed Monday that police must tell indicted people of their rights before starting interrogations Justices ruled 9-0 in favor of a Nebraska man who claimed he was tricked into talking to officers who came to his house to arrest him on drug charges. The decision relieved civil liberties groups, which worried that the court was poised to roll back some of the protections in its landmark 1966 Miranda ruling which led to the familiar refrain beginning "You have the right to remain silent."

<p>WASHINGTON - Lawyers for a Southern California clean air agency told the Supreme Court on Wednesday it was within its bounds when it created rules stricter than national standards to reduce the number of vehicles polluting the region's air.</p> <p>Justices seemed skeptical of the idea that the South Coast Air Quality Management District can go beyond the federal Clean Air Act to impose tougher antismog restrictions for city buses, airport shuttles and other vehicles. An attorney for oil companies and diesel engine manufacturers argued that local pollution rules conflict with the federal Clean Air Act.</p>

"If a pertinacious minority can control the opinion of a majority...the majority...must conform to the views of the minority.... Hence, tedious delays; continual negotiation and intrigue; contemptible compromises of the public good." -- Alexander Hamilton In Federalist # 78, Alexander Hamilton is addressing the reasons for life tenure, salary, and the qualifications of those to serve in the judiciary department of the federal government. Hamilton explains that to expect the judges to hold their offices during good behavior follows an already established precedent in many of the state constitutions of the day. He contends that this is a barrier to...

It's amazing that the Ninth Circuit Court of Appeals, ruling in a fit of pique, actually did the right thing in letting the recall election proceed. And that it did so unanimously is all the more shocking. Historically, those wunderkinds in black robes have been revolting against the will of the people of California for years. And that, to many, is just plain revolting. Why vote? The bedrock principles of this nation are perhaps best characterized by our ability to hold elections in a timely manner. The issue was not a mere "postponement" of the election, it was a cancellation...

<p>SAN FRANCISCO -- The California Supreme Court on Thursday turned down attempts to derail the ouster vote on Gov. Gray Davis, drawing praise from recall proponents and shifting the spotlight to the federal courts. "I think (the state justices) used great wisdom and that the constitution is pretty clear about what the people want to happen in the state of California," said Ted Costa, chief organizer of the recall drive.</p>

Judging the Courts Ninth Circuit strikes out Susan Blake, Charles Hobson Tuesday, July 29, 2003 ©2003 San Francisco Chronicle | Feedback URL: http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2003/07/29/ED219964.DTL The U.S. Court of Appeals for the Ninth Circuit in San Francisco is holding up the parade. The parade of justice, that is. A review of the significant decisions by the U.S. Supreme Court this last term reveals that an inordinate amount of judicial attention was directed to correcting bad decisions from the Ninth Circuit. Although sympathetic court commentators have skewed the particulars in order to make the Ninth Circuit appear mainstream, in terms of criminal...

A Nation Under GodOur 243 Founding Fathers in 1776 founded this nation under God upon a tripod: 1. “The law’s of nature“ (the natural law). 2. “The laws of nature’s God” (the Bible). 3. And the “God-given”, “self-evident”, “inalienable right to life, liberty and the pursuit of happiness” of every American citizen. This was known as “ordered liberty”. The Twin TowersGeorge Washington in his farewell discourse went so far as to say, “Of all the dispositions and habits which lead to political prosperity, religion and morality are indefensible supports. In vain would that man claim the tribute of patriotism which...

<p>On a drizzly afternoon this month, Chief Justice William Rehnquist heaved a chrome shovel and broke ground for a $122 million renovation of the Supreme Court. With him was Justice Sandra Day O'Connor, who declared, ''Let's dig.''</p> <p>The ceremony was rich with references to the future and seemed to be a metaphor for a pair of justices who, in the twilight of their careers and in the face of retirement rumors, don't appear to be going anywhere.</p>

Sandra Day O’Connor, Part Deux by Thomas A. Droleskey January 15, 2001 “The Court, the Court, the Court.” That mantra was invoked by all manner of well-meaning people during the late presidential campaign. “We can’t waste our vote on Buchanan. We have to vote for George W. Bush. He’s going to reshape the Supreme Court with his appointments. The Court, the Court, the Court.” I was viewed as something of a nine-headed troglodyte for simply reciting the simple truth that as governor of Texas the man who is now president-elect appointed four pro-aborts to the Texas Supreme Court, each of...

<p>Democratic presidential candidate John Kerry said Tuesday as president he would only appoint judges to the U.S. Supreme Court who support the landmark abortion rights case Roe vs. Wade. Speaking before a group of Democratic women in Des Moines, Kerry said he would break with the tradition that judicial candidates shouldn't be disqualified because of their position on a single issue.</p>

<p>SAN FRANCISCO (AP) - Three justices of the California Supreme Court were sworn in for new terms Tuesday by Chief Justice Ronald George.</p> <p>Justices Marvin Baxter, Kathryn Mickle Werdegar and Carlos Moreno were elected to fresh terms in November. Baxter and Werdegar were elected to 12-year terms and Moreno an eight-year term.</p>

Reynolds Holding, the Chron's legal affairs reporter extraordinaire, thinks nothing of the demise of our President's recent nominee, Priscilla Owens, for an Appellate Court post. He would be wrong. The Demo(n)controlled Senate shot her nomination down for not passing the Demo activist, litmus test. This Senate has already shot down several other Court hopefuls, not because they were incompetent, but rather because they weren't liberal/revisionist enough. It's getting pretty ugly. See link: http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2002/09/15/IN5833.DTL Holding feels that litmust test based on political ideology for so called impartial justices are o.k. Justices of course are supposed to be above the political mud...