Free Republic

Our interest in a single Supreme Court case has perhaps never been as high as it is in a case currently being briefed. The issues are fascinating on several levels, and the potential impact of a ruling is big. The case is McDonald v. City of Chicago, for which the court granted cert on Sept. 30. The petitioners in the case, a group challenging a gun-control ordinance in Chicago, filed their brief with the court earlier this week. Were the court to adopt their position — something well within the realm of possibility — we could be looking at a...

The Senate voted 59 to 39 to confirm Judge David F. Hamilton to the United States Court of Appeals for the Seventh Circuit. Judge Hamilton, who sits on the Federal District Court in Indiana, was President Obama’s first judicial nominee. Republicans opposed the nomination, announced March 19, because of decisions Judge Hamilton made relating to abortion and prayers in the Indiana Legislature. Senator Richard G. Lugar of Indiana was the only Republican to vote for his confirmation.

David Michaels, a left-wing ideologue who supports junk science and seeks to restrict gun possession, has been approved by the Senate Health Committee to head the federal Occupational Safety and Health Administration (OSHA). Only two Senators -- both Republicans -- voted against Michaels, who was nominated by President Obama. The vote occurred with no discussion, and no hearing was even held on his nomination, although hearings have consistently been held on nominees in the past, even for far less controversial picks. Gun-law expert David Kopel explains how Michaels wants to ban guns in and near workplaces, and could use his...

In 2006, long before there was an Obama administra tion determined to impose a command-and-control federal health-care system, a young orthopedic surgeon walked into the Goldwater Institute here with an idea. The institute, America's most potent advocate of limited government, embraced Eric Novack's idea for protecting Arizonans from health-care coercion. In 2008, Arizonans voted on Novack's proposed amendment to the state's Constitution: "No law shall be passed that restricts a person's freedom of choice of private health-care systems or private plans of any type. No law shall interfere with a person's or entity's right to pay directly for lawful medical...

Application of Second Amendment to be decided by Supreme Court Journal Photo by Lauren Carroll Lawyer Alan Gura says that owning semi-automatic guns is constitutional. The man who successfully challenged a prohibition against handguns in the District of Columbia before the Supreme Court said last night during a local debate about the Second Amendment that some states have gone too far. That's what happened in the District of Columbia, which required that firearms either be equipped with trigger locks or kept disassembled, said Alan Gura, a lawyer from Alexandria, Va., who argued the Supreme Court case. "If you have a...

Abstract: This paper questions criminal law's strong presumption of free will. Part I assesses the ways in which environment, nurture, and society influence human action. Part II briefly surveys studies from the fields of genetics and neuroscience which call into question strong assumptions of free will and suggest explanations for propensities toward criminal activity. Part III discusses other "causes" of criminal activity including addiction, economic deprivation, gender, and culture. In light of Parts I through III, Part IV assesses criminal responsibility and the legitimacy of punishment. Part V considers the the possibility of determining propensity from criminal activity based on...

<p>WASHINGTON — The Supreme Court has thrown out, for the third time, a federal appeals court ruling favorable to a convicted murderer in California whose case has bounced around the courts for a quarter-century.</p> <p>The justices, in an unsigned opinion today, moved to reinstate the death penalty for Fernando Belmontes in the beating death of a 19-year-old woman in 1981.</p>

Some of he facts for this article, and some of the legal conclusions, come from an article on 13 November, 2009, on Frontpage,com by David Horowitz, entitled “The Worst Decision by a US President in History.” The title alone makes clear that Mr. Horowitz sharply opposes President Obama’s decision to have alleged 9/11 mastermind Khalid Sheik Mohammad and his confederates tried in federal court in New York City rather than before a military tribunal. The ACLU, and its ally, the pro-Castro, Center for Constitutional Rights, have praised Obama’s decision as “presenting American justice to the world.” Since the ACLU is...

Rehnquist’s Portrait Allie Winegar Duzett, November 12, 2009 William Rehnquist was by all accounts a fascinating man. His work in the judiciary was unparalleled: he served on the Supreme Court as a justice for over three decades, and led the court as Chief Justice for nineteen years. He was a justice voting on the controversial Roe v. Wade case (Rehnquist wrote the dissent), the impeachment trial of Bill Clinton, and for the dispute over 2000 presidential election. As a justice for the Supreme Court, Rehnquist lived his life under public scrutiny—but only a very few got to know the man...

The phrase “Anti-Counterfeiting Trade Agreement” sounds innocent enough. Who could be against such an agreement? But in fact it appears to be a pretext for a massive invasion of privacy, motivated in part by the entertainment industry seeking to maintain copyrights. But once unleashed, such an assault on freedom will know no bounds. What if Big Brother finds on your laptop that you think ID supports certain traditional moral views, and what if any articulation of such views comes to be regarded as a hate crime? (Click excerpt link for MUST SEE VIDEO!)

John J. O'Connor III, 79, an Arizona lawyer and civic leader who became active in Washington's social and charitable circles after his wife, Sandra Day O'Connor, became the first woman appointed to the U.S. Supreme Court, died Nov. 11 in Phoenix. He had Alzheimer's disease. As a lawyer, Mr. O'Connor specialized in business and real estate law and commercial litigation. He represented leading companies in industries including mining, manufacturing, real estate and financial services. He was a partner at one of Phoenix's largest firms, Fennemore, Craig, von Ammon & Udall, before moving to Washington when his wife was confirmed to...

Stories like this just make me weep for my country. In September local Connecticut news station WTNH reported: Weeds, glass, bricks, pieces of pipe and shingle splinters have replaced the knot of aging homes at the site of the nation’s most notorious eminent domain project.There are a few signs of life: Feral cats glare at visitors from a miniature jungle of Queen Anne’s lace, thistle and goldenrod. Gulls swoop between the lot’s towering trees and the adjacent sewage treatment plant.But what of the promised building boom that was supposed to come wrapped and ribboned with up to 3,169 new jobs...

WASHINGTON — The Supreme Court on Monday declined to block the execution of John A. Muhammad, the sniper who terrorized the Washington area seven years ago. The step cleared the way for Mr. Muhammad to be put to death on Tuesday unless Gov. Tim Kaine of Virginia intervenes. The court did not comment in refusing to hear Mr. Muhammad’s appeal, but three justices objected to the relative haste accompanying the execution. Justice John Paul Stevens complained that “under our normal practice,” Mr. Muhammad’s petition for the court to take his case would have been discussed at the justices’ conference scheduled...

The private homes New London, Conn., took through eminent domain from Suzette Kelo and others, are torn down now, but Pfizer has just announced that it closing up shop at the research facility that led to the condemnation. Leading drugmakers Pfizer and Wyeth have merged, and as a result, are trimming some jobs. That includes axing the 1,400 jobs at their sparkling new research & development facility in New London, and moving some across the river to Groton. To lure those jobs to New London a decade ago, the local government promised to demolish the older residential neighborhood adjacent to...

The Supreme Court Monday denied John Allen Muhammad's request to stay his execution, clearing the way for Virginia to put to death the man who terrorized the Washington region as the Beltway Sniper. Justices John Paul Stevens, Ruth Bader Ginsburg and Sonia Sotomayor objected to the court's haste, saying it "highlights once again the perversity of executing inmates before their appeals process have been fully concluded." Stevens, writing for the three, said Virginia had short-circuited the process by scheduling Muhammad's execution for Tuesday night, earlier than the court would normally have reviewed his petition for the court to take his...

RICHMOND, Va. (AP) - The U.S. Supreme Court has refused to block Tuesday's scheduled execution of sniper mastermind John Allen Muhammad. The Court did not comment Monday on why it refused to consider his appeal. Muhammad is scheduled to die by injection at a Virginia prison for the slaying of Dean Harold Meyers at a gas station during a three-week spree in October 2002 across Maryland, Virginia and Washington, D.C.

Hello – is there anybody out there who still believes our leaders in Washington care about what the Constitution of the United States says? Or what it was intended to mean? Or even that it exists? If there actually is anybody out there who still believes this, recent discussions on Capitol Hill about proposed federal legislation should dispel such thought from the minds of even the most die-hard optimists. Legislation dealing with the delivery and cost of health care in the United States is nearing votes in both houses of the Congress. Although differing significantly in their details, the primary...

Joe Sullivan was sent away for life for raping an elderly woman and judged incorrigible though he was only 13 at the time of the attack. Terrance Graham, implicated in armed robberies when he was 16 and 17, was given a life sentence by a judge who told the teenager he threw his life away. They didn't kill anyone, but they effectively were sentenced to die in prison. Life sentences with no chance of parole are rare and harsh for juveniles tried as adults and convicted of crimes less serious than killing. Just over 100 prison inmates in the United...

In recent months, at least three major newspapers have carried columns attempting to push Chief Justice John Roberts into voting to uphold a grossly unconstitutional federal law. But their cheap distortions and Chicken Little yammering will fail. The chief justice will do his job, and the country will be better off for it. On Sept. 9, the U.S. Supreme Court reheard arguments in the landmark campaign finance and free speech case, Citizens United v. FEC. At issue in this case is whether the McCain-Feingold Bipartisan Campaign Reform Act (BCRA) could ban documentaries about candidates when Election Day is approaching. This...

The case before the Supreme Court on Wednesday sounded like a television movie, a tale of wrongful imprisonment and the slow, inexorable wheels of justice. Prosecutors under pressure to close the case of a cop killer settle on two young African Americans. They fabricate evidence, coerce perjury and bury the investigation of a white suspect.A sympathetic prison barber unearths the investigative records that eventually lead courts to free the convicted men after years behind bars. And the men seek retribution for the prosecutors who framed them. But here's the twist: The prosecutors say that they can't be sued for anything...

There's a new SCOTUS suit you want and need to know about...case 09-6777. I'll win and when I do? YOU CAN SUE SITTING OFFICERS FOR LIABILITY THUS DISSOLVE THEM AS THE US DEFAULTED VIA FAILING TO RESPOND TO A PRIOR SCOTUS SUIT ON 11/05/08, the day after the election, lol. Actual default is the 2000 election and BVG; legal default occurred on 11/05/09. I then appealed to Roberts directly on 11/20/09 and forced direct action thus I won on paper. Now all I am doing is acting to collect my award: Hearing in person aka winning in person. You can...

Senator Jeff Sessions, ranking Republican on the Senate Judiciary Committee, is encouraging Republican colleagues to filibuster Barack Obama’s nominee to the Seventh Circuit Court of Appeals, David Hamilton. Hamilton has major issues against him, including stating publicly his believe that the founders intended the judiciary to routinely amend the constitution through case law. More troubling, David Hamilton has ruled that praying to Allah does not violate the Establishment of Religion clause in the First Amendment, but praying in Jesus Christ’s name does. According to Sesions’s letter, Judge Hamilton’s most determidly activists decisions might be his series of rulings in A...

This is a statement that was read over the public address system at the football game at Roane County High School, Kingston, Tenn., by school principal, Jody McLeod: "It has always been the custom at Roane County High School football games, to say a prayer and play the national anthem, to honor God and country. Due to a ruling by the Supreme Court, I am told that saying a prayer is a violation of federal law. "As I understand the law at this time, I can use this public facility to approve of sexual perversion and call it 'an alternate...

One of the most conservative justices on the U.S. Supreme Court said Monday his more liberal colleagues are trying to manufacture new constitutional rights that were never intended by the drafters. “The fight is about the Supreme Court inventing new rights nobody ever thought existed,” Justice Antonin Scalia said in an appearance at the University of Arizona College of Law. “Right to abortion?” he asked. “Come on. Nobody thought it violated anything in the Constitution for 200 years. It was criminal.” The same, said Scalia, is true of homosexual sodomy. Yet the nation’s high court has struck down state laws...

Once upon a time a newly elected President, supported by an adoring media, claimed powers beyond the Constitution, and the Supreme Court acted. Does that Court still sit? Some of us are asking ourselves that question these days. A week doesn't pass when some new federal infringement on the rights of a free society is enacted or promoted. Just recently, Obama's Pay Czar, Kenneth Feinberg, cut the salaries of twenty-five senior Wall Street executives. By what Constitutional authority does he do that? we ask. While the Democratic Party seems hell bent on socializing as many parts of the free market...

The “innocent until proven guilty” concept is at the very heart of our legal system. Government ought not be able to exact punishment for a crime until proof has been established, beyond a reasonable doubt, by a jury of one’s peers.But this foundational principle of justice has been tossed out the window in recent years, at least in one realm, that of civil or asset forfeiture. Civil forfeiture allows police to seize more than $1 billion worth of property each year — cash, cars, boats, etc. — that is alleged to have been used in the furtherance of a crime.The...

In fact, the 9-point drop in the most recent quarter is the largest Gallup has ever measured for an elected president between the second and third quarters of his term, dating back to 1953.

A sad reminder of what Catholics in public office still face: U.S. Supreme Court Justice Samuel Alito voiced frustration Tuesday over what he called persistent questions about the court's Roman Catholic majority. Alito aired the topic in a speech to an Italian-American law group in Philadelphia. "There has been so much talk lately about the number of Catholics serving on the Supreme Court," Alito said in a speech to the Justinian Society. "This is one of those questions that does not die." Alito complained about "respectable people who have seriously raised the questions in serious publications about whether these...

PHILADELPHIA (AP) - U.S. Supreme Court Justice Samuel Alito is voicing frustration over what he calls persistent questions about the court's Roman Catholic majority. Alito aired his concerns in a speech Tuesday to an Italian-American law group in Philadelphia. He said respectable people in serious publications have questioned whether the Catholic-raised judges could be trusted to do their jobs. He said he thought the Constitution settled the question long ago with its guarantee of religious freedom. Alito is one of six justices on the nine-member court who were raised Catholic, including new Justice Sonia Sotomayor. A dozen of the 111...

SEATTLE — Supreme Court Justice Anthony Kennedy has temporarily blocked Washington state officials from releasing the names of people who signed a ballot measure on gay rights. Kennedy's ruling Monday temporarily blocks a federal appeals court ruling last week that ordered the release of the names. Kennedy said his order would remain in effect while he considers a request by a pro-marriage group that asked him to reverse the appeals court ruling. The case involves Referendum 71, a ballot initiative that asks Washington voters to approve or reject the state's so-called "everything but marriage" law, which grants registered domestic partners...

Supreme Court Justice Sonia Sotomayor's nomination process was so controlled that the White House even approved her clothes, she told Yalies when she appeared at her 30th Yale Law School reunion on Saturday. Sotomayor described her grueling nomination process privately when she spoke to 1,800 alumni, students and faculty , the New Haven Register reports. State Sen. Ed Meyer attended the event and said Sotomayor became teary at times, but kept the crowd laughing. The Yale Law School grad talked about shopping for clothes to wear to her acceptance ceremony, but government officials took over the fashion decisions. They told...

Some things you may not know about Palin: What A Fisherman Says About Sarah Palin by Dewie Whetsell, Alaskan Fisherman As posted in comments on Greta Van Susteren’s article referencing the MoveOn.org ad about Sarah Palin. The last 45 of my 66 years I’ve spent in a commercial fishing town in Alaska. I understand Alaska politics but never understood national politics well until this last year. Here’s the breaking point: Neither side of the Palin controversy gets it. It’s not about persona, style, rhetoric, it’s about doing things. Even Palin supporters never mention the things that I’m about to mention...

Supreme Court Justice Ruth Bader Ginsburg was hospitalized overnight after experiencing extreme drowsiness but was later released, a court spokeswoman said on Thursday. Spokeswoman Kathy Arberg said Ginsburg, who has been treated for pancreatic cancer, was evaluated at the Washington Hospital Center and found to be in stable health after she fell from her seat on a plane before departing for London.

Report: Ginsburg Released From Hospital After Fall Reuters reports that Supreme Court Justice Ruth Bader Ginsburg was taken to the hospital after experiencing drowsiness and falling. FOXNews.com Thursday, October 15, 2009 Supreme Court Justice Ruth Bader Ginsburg reportedly was released from the hospital Thursday after falling from her seat on an airplane. Reuters reports that Ginsburg was taken to the hospital after experiencing drowsiness and falling. She was later found to be in stable condition.

“Desperate” Impact? by: Brittany Fortier, October 13, 2009 As the Supreme Court begins a new session, the Cato Institute held its 8th annual Constitution Day Conference and Supreme Court Review on September 17, 2009. This day also marked the 222nd anniversary of the adoption of the U.S. Constitution, and panelists discussed whether the Supreme Court decisions of the previous year were faithful to the intentions of our Founding Fathers. Roger Clegg, President and General Counsel for the Center for Equal Opportunity, called the “disparate impact” approach to civil rights law used by the Court in cases such as Ricci v....

A major new report confirms the worst fears of many: Health care reform will raise the costs for most Americans—by about 18% on average. That is on top of existing inflation of health coverage. Once the plan is fully phased-in (by 2019), a typical family of four would pay an extra $4,000 each year. When combined with existing inflation, costs would rise from today’s $12,300 annual average to $25,900. Of that 111% increase, $9,600 is due to existing factors uncorrected by the legislation, and $4,000 due to additional costs created by the legislation. For single persons, the differential is projected...

Just when you thought things couldn't possibly get any worse (from The Times)... The Obama administration is considering outbidding the Taliban to persuade Afghan villagers to lay down arms as it struggles to find a new approach to a war that is fast losing public and congressional support. Didn't we send troops to Afghanistan to fight the Taliban? Now the Obama administration is wanting to legitimize yet another terrorist group: Apart from training more Afghan troops, the focus has shifted to accepting a political role for the Taliban, while also trying to weaken them by winning some over. Once again,...

A prominent pro-life organization has thrown down the gauntlet before a majority of the U.S. Supreme Court justices. The Supreme Court's fall/winter session is just gettingunder way. The challenge comes from Judie Brown, president of the American Life League (ALL). "Now that we have six people on the Supreme Court out of nine who claim to be Catholic," she notes, "we'd like for them to take the opportunity to address the reality of who it is who lives in the womb from the moment that his or her life begins, and then take action to overrule themselves so that the...

I've always believed in the existence of monsters. During my 20 years as a cop in NYC, I met quite a few of them, many of whom may still be doing time in prisons around the country. However, they were the garden-variety type of monsters; murderers, rapists, armed robbers and other assorted thugs. But there's another, even lower, level of criminal that exists in communities all across America, even in some of our churches. The creature I'm referring to is the pedophile. A few years ago, I received a 6-page letter in the mail from a woman in East Cambridge,...

Since federal case law pertaining to the writ of quo warranto is so scarce, research on the issue is rather simple. This is why I am shocked and confused as to why the DOJ did not cite the case UNITED STATES of America ex rel. STATE OF WISCONSIN v. FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION. I recenly explained the strict holding in the case – that no US District Court other than the DC District Court may entertain a quo warranto proceeding. *snip* Get ready, you are going to be hearing much more about the writ of quo warranto in...

The air was thick with hypotheticals at the Supreme Court last week as the justices considered whether a law designed to outlaw videos depicting cruelty to animals was constitutional. Because there is no floor to human decadence, so-called “crush videos” depicting women in high heels crushing small animals to death enjoyed a certain popularity. Congress outlawed them. Most of the justices appeared to think that the law ran afoul of the First Amendment and they let fly with a quiver full of theoreticals. “What if I’m an aficionado of bullfighting who wants to promote his passion about the noble...

Supreme Court Means by: Sarah Carlsruh, October 08, 2009 In honor of the Supreme Court opening its October 2009 term, the American Enterprise Institute (AEI) hosted a panel of law experts on October 2nd to discuss the court’s key, upcoming business cases. “It’s shaping up to be a good term for business cases,” declared John Elwood, a partner at the Washington, D.C. office of Vinson & Elkins. Elwood specializes in appellate and Supreme Court practice. Elwood claimed that Free Enterprise Fund (FEF) v. Public Company Accounting Oversight Board (PCAOB) hinges on an issue of separation of powers and government regulation....

Respectable news outlets aren't the only ones having trouble processing the fact that a purple-eyed partisan like Andrew Breitbart is producing impactful journalism this season. The ancient Atlantic magazine–which, strangely, appears to have morphed into a sort of Blogger's Monthly–has been furrowing its brows at Breitbart & Co. both in print and online. Regular Atlantic contributor Conor Friedersdorf, writing at The Daily Beast (and earning a high-five from Andrew Sullivan), poses the question: ACORN is just the latest example of how conservative media love to blast The New York Times for its shortcomings. So why can't they live up to...

Deep in the heart of the Mojave National Preserve in California stands a five foot cross carefully disguised in a plywood box. The U.S. Park Service was forced to cover the cross until the Supreme Court decides whether the cross can remain in its place as a monument to fallen soldiers during World War I, or whether it must come down because its presence violates the Constitution. The case is the latest in a recent flurry of challenges to religious symbols placed on public property. The cross was constructed more than 70 years ago by the Veterans of Foreign Wars....

Whatever significance is attached to Chicago’s failed bid to host the 2016 Olympics, it is of small importance to the rest of the country. More far-reaching and frightening is the Supreme Court’s decision to take up a case challenging the city’s ban on handgun ownership in the court’s new term, which begins this week. The case is best considered a preview of coming attractions. The gun lobby, if it wins in the Supreme Court, is prepared to challenge every gun control law enacted at any level of government. It will usher in a scary season of assault on the common...

Two days ago, British newspaper The Independent reported that a secret cabal of oil-producing Arab states, Russia, and China had conspired to dump the dollar for oil trading, a move which would have seriously weakened our currency and influence abroad. Many publications picked up on this report, written by the notoriously unreliable Robert Fisk, and a round of denials promptly appeared from the named states. Left unexplained by Fisk and the Independent was how these same states, with massive holdings in the dollar (especially China), would benefit in the short or long term by attacking it. However, it once again...

ACORN wants people to register to vote – as long as they’re Democrats. Republican registrations go into the trash. Here is a first-hand account of how it happens. In February 2008, Fathiyyah Muhammad of Jacksonville, Florida, heard that ACORN was paying people three dollars for each voter they could register. ACORN paid her three dollars for each voter she registered, but Fatiyyah Muhammad says that the group threw out her votes and fired her when she brought them registrations of Republican voters. Fathiyyah Muhammad voted for Obama. “I’m a Republican,” she says, “and this was the first time that I...

"More ugly Jew hatred and incitement to kill Jews on Obama's website. It harks back to the Jewish blood libels. Obama's website, hub for Islamic antisemitism." by Bill Levinson Pamela Geller at Atlas Shrugs has accumulated quite a collection of the most vicious imaginable anti-Israel and indeed anti-Semitic hate speech, all of which was posted at Barack Obama's Web site with the full knowledge and approval of the moderators. We remind our readers that one moderator (Emily) counseled an Obama supporter to use the words "Israel Lobby" instead of "Jewish Lobby." Organizing for America as it is now known sanctioned...

For two years as a candidate, Senator Obama called for more resources for the war in Afghanistan and warned about the consequences of failure. As President, he announced a comprehensive new counterinsurgency strategy and handpicked the right general to execute it. Now General McChrystal is asking for additional troops to implement the strategy announced by President Obama in March. Hundreds of thousands of Americans have sons, daughters, fathers, mothers, sisters and brothers in harm's way in Afghanistan right now. We owe it to all those brave Americans serving in uniform to give them the tools they need to complete their...

On the first Tuesday of October, the second day of its new session, the Supreme Court will take up the case of a dog lover whose bloody pit bull fighting videos have raised questions on whether free speech protects the sale of horrific scenes of animal cruelty. ~snip~ The case has made some strange allies. The New York Times joined other media organizations and publishing groups to write a brief to the Court supporting Stevens' case. The paper is concerned the animal cruelty law is so broadly written that it "imperils the media's ability" to report on animal issues. Also...