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Court rules judges can't create 'exceptions' to Constitution Murder conviction reversed
wnd.com ^ | 2/12/2022 1747 hrs et | Wnd Staff

Posted on 02/13/2022 6:03:18 AM PST by rktman

In a nearly unanimous decision, the Supreme Court has ruled that judges cannot create "exceptions" to the United States Constitution.

"As the Supreme Court has recognized, the right to confront and cross-examine witnesses is one of the bedrock constitutional protections afforded to criminal defendants," said constitutional attorney John W. Whitehead, president of The Rutherford Institute and author of "Battlefield America: The War on the American People."

"At its core, the Sixth Amendment acts as a restraint on the government’s power to unfairly punish citizens in criminal cases, putting safeguards in place to prevent the accused from being indiscriminately stripped of their life and liberty."

Rutherford, along with several other civil rights organizations, had filed a friend of the court brief in Hemphill v. New York, explaining that judge-created exceptions to the Sixth Amendment aren’t allowed.

(Excerpt) Read more at wnd.com ...


TOPICS: Constitution/Conservatism; Government; Philosophy; Politics/Elections
KEYWORDS: 6thamendment; billofrights; hemphillvnewyork; scotus; sixthamendment
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RuhRoh! The scotus ruled 8-1? So only one(not named in the piece) of the seats got brandon's memo reminding us that none of those pesky rights are absolute? Maybe he needs to invite the 8 that ruled for the 6th amendment out behind the gym. Or see how the court would rule if someone tries to overturn, oh say, the 13th or 19th amendment. Brandon? Brandon? I also wonder when the 1/6 folks will be afforded their 6th amendment rights....
1 posted on 02/13/2022 6:03:18 AM PST by rktman
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To: rktman

No reason to get excited. Momentary lapse by the court. It is not difficult to go near and far in time to find the egregious exceptions the court has made to the Constitution.


2 posted on 02/13/2022 6:09:22 AM PST by Susquehanna Patriot
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To: rktman

Sotomayor the dissenting vote?


3 posted on 02/13/2022 6:15:59 AM PST by Rebelbase
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To: Susquehanna Patriot

Like things that merely affect commerce, but which are not commerce, may be regulated by the federal.


4 posted on 02/13/2022 6:16:05 AM PST by Rurudyne (Standup Philosopher)
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To: Rebelbase

Justice Clarence Thomas filed the dissenting opinion.


5 posted on 02/13/2022 6:22:14 AM PST by ConservaTexan (February 6, 1911/June 14, 1944)
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To: rktman

It seems Thomas was the lone dissenter. Sotomayor rendered the opinion, Alito concurred, Thomas dissented.
https://supreme.justia.com/cases/federal/us/595/20-637/


6 posted on 02/13/2022 6:25:53 AM PST by Afisra (It's easier to gun proof a child than child proof a gun!)
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To: rktman

Remember this when they charge Trump!


7 posted on 02/13/2022 6:31:10 AM PST by Lockbox (politicians, they all seemed like game show hosts to me.... Sting)
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To: rktman

Upon reading Justice Thomas’ dissent, it seems to me that his point is a procedural one and not a 6th Amendment ruling.
“Hemphill’s failure to properly present his Sixth Amendment claim to the New York Court of Appeals divests this Court of jurisdiction.”


8 posted on 02/13/2022 6:34:06 AM PST by Afisra (It's easier to gun proof a child than child proof a gun!)
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To: ConservaTexan; All
Summary of Justice Thomas' dissent:

Justice Thomas, dissenting.

This Court may review “[f]inal judgments or decrees rendered by the highest court of a State” only where, as relevant here, a federal right “is specially set up or claimed” in the state court. 28 U. S. C. §1257(a). Because Darrell Hemphill did not raise his Sixth Amendment claim in the New York Court of Appeals, we lack jurisdiction to review that court’s decision. I respectfully dissent.

9 posted on 02/13/2022 6:37:56 AM PST by marktwain (Amazing people can read a persons entire personality and character from one photograph.)
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To: Afisra

LOL! I was just going to post my “opinion” using almost the same wording. So, I get the technical point Thomas was making.


10 posted on 02/13/2022 6:39:02 AM PST by rktman (Destroy America from within? Check! WTH? Enlisted USN 1967 to end up with this? 😕)
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To: marktwain

I read his dissent, and agree with him. I did not, however, read the majority opinion.


11 posted on 02/13/2022 6:40:23 AM PST by ConservaTexan (February 6, 1911/June 14, 1944)
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To: marktwain

Indeed, to raise and advance arguments different that those previously claimed by either side is to cease to be a judge and to become an advocate for one side.


12 posted on 02/13/2022 6:45:19 AM PST by Rurudyne (Standup Philosopher)
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To: ConservaTexan

If the wise latina wrote it, it must be a hoot. Of course, it was her staff and it wasn’t too complicated. Right up her alley.


13 posted on 02/13/2022 6:47:53 AM PST by NonValueAdded (It seems the only immunity the vaccines provide is that big pharma can’t be sued.)
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To: rktman

I agree with Thomas’ dissent, but this ruling NEEDED to be made. Without this opportunity, it may have been years before another chance to check the behavior of lower courts. While Thomas was correct in a procedural sense, the full court ruling simply affirms the Constitutional protections clearly spelled out in plain English.


14 posted on 02/13/2022 6:49:36 AM PST by Sgt_Schultze (When your business model depends on slave labor, you're always going to need more slaves)
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To: Sgt_Schultze
I agree with Thomas’ dissent, but this ruling NEEDED to be made.

Ditto

15 posted on 02/13/2022 6:55:17 AM PST by Thommas
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To: rktman

Then tell me why Trump was not able to defend himself (and us) during his phony impeachment “trials”?????? HUH?????


16 posted on 02/13/2022 6:55:56 AM PST by laweeks
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To: Rebelbase

Justice Thomas dissented.


17 posted on 02/13/2022 6:57:16 AM PST by TexasGurl24
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To: laweeks

It is my belief that Trump is a deal maker and lacks the knowhow and the will to fight


18 posted on 02/13/2022 6:57:56 AM PST by bert ( (KE. NP. N.C. +12) Promoting Afro Heritage diversity will destroy the democrats)
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To: rktman

The dissent was by Clarence Thomas.


19 posted on 02/13/2022 7:00:30 AM PST by Jim Noble (The nation cannot be saved until the GOP is destroyed)
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To: Sgt_Schultze

The dissent is a how-to for when we need to use this process, so the left can’t bog it down in procedural delays.


20 posted on 02/13/2022 7:07:35 AM PST by No.6
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