Ed Koch: No Filibustering Bush's Supreme Court Nominee

NewsMax ^ | 7/6/05 | Ed Koch

[FReethesheeples]

Good post. Thanks for your post. Bump. Its going to be "War" in Schumer's words, in spite of fellow NYer fmr. Mayor Ed Koch's admonition.

One thing which will or should help our side is outrage over several recent Supreme Court activist-leftist decisions. And exampel is the Kelo runaway Eminent Domain property rights takings case.

As a result of outrage over Kelo vs. New London, Ct., it is great to see Americans so aware of, & energized in defense of, private property rights by addressing threats, this terrible precedent (Kelo v. New London), and becoming aware of the downside of activist Judges. I have been concerned with both of these related issues for about a decade. I even had brief, separate, conversational encounters with two of the "good" Justices (Scalia & Thomas) in the Kelo case about 6 or 7 years ago re: "The Takings Clause" of the 5th Amendment designed to protect private property from arbitrary seizures, but providing for Eminent Domain for certain "public use" (NOT "public purpose") . It was clear they were anxious to see some good cases walk toward them. I doubt if they would have predicted the bizarre outcome in Kelo, though.

For those of us who are deeply concerned with protection of Private Property from improper application of Eminent Domain in contravention of the Original Intent of the Founders in the 5th Amendment's Takings Clause, I am registering a warning or a concern:

I think AG (& potential USSC Nominee) Alberto Gonzales is very weak on Private Property Rights and lacks an understanding of orignainl intent of the 5th Amendment's Takings Clause (Eminent Domain) based both upon some cases when he ws at the texas Supreme Ct. (e.g., FM Properties Operating Co. v. City of Austin, 22 S.W.3d 868 (Tex. 2000))

and, more recently and significantly, upon his NOT having joined in the Kelo case on the side of property owner. My understanding ws that he had sided with the League of Cities against Kelo while WH Counsel.

As some have frequently observed, he certainly believes in a "Living Constitution" and is NOT a strict constructionist or an Originalist, but rather tends toward the Activist side, per National Review Online and others.

He has been sharply critical of Priscilla Owen in some Texas Supreme Ct. decisions when they were both on that Ct. as Justices, and he has been quoted as being sharply criticial fo Janice Rogers Brown, including being quoted by People for the American Way in their ultra-leftist propaganda.

[fish hawk]

I believe that Koch is starting to think like Zell Miller. That perhaps his "Party" has left him. He is becoming a Republican and probably doesn't even know it.

[davidosborne]

All,

I'm tired of hearing that ashcroft is too old. He deserves the seat, and it should be offered to him.

Ann would make an OUTSTANDING Supreme Court Justice, if you have ever read a SC opinion you know how boring they can be... wait till you read some of her work.... i can see her writting the majority opinion in MOST cases, for a long time.

Roy Moore is my third choice, because he sticks to his principles, and is not intimited by those who oppose him.

[gop_gene]

The answer is NO. The blacks I work with call him "Uncle Thomas."

Any black GOP member is an Uncle Tom.

Yup, how open-minded, how tolerant they are! {snort}