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JUDICIAL HYPERACTIVISM (JUDGE REINHARDT ABOUT TO STRIKE AGAIN?)
LIBERTY MAGAZINE | AUGUST 2002 | TIMOTHY SANDEFUR

Posted on 07/15/2002 7:42:58 AM PDT by aristeides

More chicanery in the courts: in a case currently under consideration in the Ninth Circuit, Judge Stephen Reinhardt has ordered liberal law professor Edwin Chemerinsky to write an amicus (friend of the court) brief addressing the constitutionality of the tax deductions given to church leaders who receive certain housing benefits. The case arose when a pastor in Orange County deducted the "reasonable value" of his housing costs instead of the "actual value." The IRS took him to court, and he won -- the only question in the case was whether the law permitted the deduction of actual or reasonable housing costs; neither party argued that the deduction was a violation of the separation of church and state. Nevertheless Judge Reinhardt has taken it upon himself to appoint Chemerinsky -- whose views on the subject are already well known in the legal community -- to address an issue which nobody in court is arguing to begin with.

Nobody can seriously doubt that Reinhardt already knows his answer, and intends to rule the deduction unconstitutional, despite the fact that nobody in the case has asked him to do so -- a clear violation of legal rules. What is particularly upsetting is that Reinhardt and his pet amicus are right -- the deduction is a flagrant violation of the First Amendment. But using sneaky tactics like this is dangerous for two reasons: future courts can use the same tactic to create far-ranging decisions on their own accord, with little or no accountability; and secondly, using such tactics undermines the legitimacy of the argument itself, as future generations will associate the (correct) argument that such deductions are unconstitutional with the underhanded tactics used in this case. That lends a pretext to the martyr aspirations of the religious right, which wishes to portray itself as the oppressed victims of elite atheist conspiracies.


TOPICS: Constitution/Conservatism; Culture/Society; Government; News/Current Events; US: California
KEYWORDS: churchstate; ninthcircuit; separation; stephenreinhardt; taxreform
Judge Stephen Reinhardt takes a further step towards showing that he is a rogue judge. I wonder just what a judge has to do in the way of judicial misconduct to get himself impeached.

This article was apparently written before the Pledge decision in which Reinhardt was apparently the prime mover.

1 posted on 07/15/2002 7:42:59 AM PDT by aristeides
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To: aristeides
As long as the left continues to cry "Separation of Church and State" on every issue they think they can get away with, religious organizatons should just ask for complete separation from any government what so ever. Taxes are a state and federal issue. Taxes should only be for pagans if the liberals want "the separation" as they preach.
Or does it depend on the meaning of the word "is", again?
2 posted on 07/15/2002 7:52:14 AM PDT by concerned about politics
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To: concerned about politics; lawdog
To reach the result he wants, I think that in this case Reinhardt would have to ignore the Supreme Court's precedent in Walz v. Tax Comm'n of the City of New York, 397 U.S. 664 (1970). But in the Newdow case Reinhardt and Goodwin ignored the contrary Supreme Court dicta and 7th Circuit opinion.
3 posted on 07/15/2002 7:59:12 AM PDT by aristeides
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To: *Taxreform
Index Bump
4 posted on 07/15/2002 7:59:35 AM PDT by Free the USA
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To: aristeides
I think Reinhardt ignores a lot of case law. But ordering someone to write an amicus brief? Highly unusual. The usual procedure is a group or person requesting that they file an amicus brief in a case, then the court reviews and either approves or denies the request.

Talk about shaping the law the way you want it to be shaped--at least in that appeals court district. That's a court out of control.

5 posted on 07/15/2002 8:11:08 AM PDT by Catspaw
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To: aristeides
Didn't Reinhardt once say that he writes about 150 opinions per year simply b/c he knows that the USSCT can only reverse about a 1/3rd of them? IMHO, this man is a judicial tyrant.
6 posted on 07/15/2002 8:20:40 AM PDT by bourbon
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To: bourbon
If he really did say that, that quote could be used as additional grounds for impeachment.
7 posted on 07/15/2002 8:25:52 AM PDT by aristeides
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To: aristeides
a con law professor of mine mentioned the above quotation of Reinhardt's once in class. I believe it's accurate. We should try digging it up.

This jerk does need to be impeached.
8 posted on 07/15/2002 8:29:12 AM PDT by bourbon
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To: aristeides; generalissimoduane; Joy Angela; goldilucky
NEVER FORGET

.."No Under God" REINHARDT =

...Friend of HILLARY...!!!

NEVER FORGET

9 posted on 07/15/2002 12:12:56 PM PDT by ALOHA RONNIE
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To: ALOHA RONNIE
Don't you get the feeling that some of these judges are straight out of hell? I do.
10 posted on 07/15/2002 2:50:16 PM PDT by goldilucky
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To: All; aristeides; generalissimoduane; doug from upland; miss print
NEVER FORGET

..-Friend of HILLARY- Judge STEPHAN REINHARDT's "No UNDER GOD" Ruling is discussed in depth during the 1st hour of today's BOB DORNAN National Talk Radio Show that airs Live on...

.. www.TalkRadioNetwork.com ..

...and Live/Tape-delayed in 43 different Radio Markets across the country.

...In So. California BOB DORNAN airs Tape-Delayed 7-9pm Pacific Time Mon-Fri on...

...KPLS 830 AM ..'Radio on the Right'..

NEVER FORGET

11 posted on 07/15/2002 7:21:57 PM PDT by ALOHA RONNIE
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To: ALOHA RONNIE
Isn't every SCUM BREATH a friend of *Hildegard the Red*?

Can you clue me in to the links between Hillary and Reinhardt? I know his wife is the President of the ACLU, but not much about Hillary's Connection...

Many thanks!

12 posted on 07/16/2002 12:03:20 AM PDT by Joy Angela
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To: Joy Angela
...Last February Graduate School Commencement Speaker Judge STEPHAN REINHARDT at Chapman University in Orange, California said he was a Friend of BILL and HILLARY CLINTON.

...This didn't surprise us in the audience much has he had just spent a majority of his Commencement Speech praising the Presidency of BILL CLINTON to our growing BOO's. Judge REINHARDT finally got an ovation from us when he said that he was nearing the end of his Commencement Speech.

...Since I personally witnessed this...

...it was pretty easy to remember Judge STEPHAN REINHARDT as a -Friend of HILLARY-.

...Given what's going on now ...this 9th Circuit's UNDER GOD Ban Judge's timing could not have been any better...???

...REINHARDT = HILLARY...!!

13 posted on 07/16/2002 2:38:06 PM PDT by ALOHA RONNIE
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To: ALOHA RONNIE
Reinhardt Friend of Hillary...and one man NEWDOW files case after case to destroy America.

Who's backing the Atheist?

14 posted on 07/16/2002 11:28:50 PM PDT by Joy Angela
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