Showing posts with label scotus. Show all posts
Showing posts with label scotus. Show all posts
6/28/11
6/21/11
5/17/10
Lock 'Em Up And Throw Away The Key
Indefinite Detention - Now good for more than terrorists!No links here. Go to the link for links.
By BJ Bjornson
You know, for the “Land of the Free”, you all sure do like the idea of putting people behind bars forever.
The Supreme Court ruled Monday that federal officials can indefinitely hold inmates considered "sexually dangerous" after their prison terms are complete.As John Cole puts it, why even bother with a sentence? I suppose it will make folks feel better to say they’re tossing these guys away for a few years when in actual fact as soon as they’re behind bars, the key’s going to get thrown away.
The high court in a 7-2 judgment reversed a lower court decision that said Congress overstepped its authority in allowing indefinite detentions of considered "sexually dangerous."
"The statute is a 'necessary and proper' means of exercising the federal authority that permits Congress to create federal criminal laws, to punish their violation, to imprison violators, to provide appropriately for those imprisoned and to maintain the security of those who are not imprisoned but who may be affected by the federal imprisonment of others," said Justice Stephen Breyer, writing the majority opinion.
And I can’t wait to see what the reaction will be to the fact that the lawyer arguing the government’s case was Elena Kagan, now Supreme Court nominee Kagan, and that the dissenters were Thomas and Scalia.
1/22/10
What Hath The SCOTUS Wrought?
Dear Readers,
With today's ruling by the Supreme Court, it has now become financially feasible for me to seriously run for public office.
As you are probably well aware, my aspirations to become a powerful, feared member of the oligarchic elite have been stymied, partially because of those pictures of me and John Edwards' mistress, but mostly because the salary for an unsuccessful candidate is so poor. Indeed, as I have a wife and three kids to feed, I felt that I could not take the risk of running for higher office and lose, leaving my family destitute. We do have need for bare necessities (food, water, cable modem), and while the children would probably be tasty if they were slow cooked, I felt that the tradeoff was one I could not make.
Today's Supreme Court ruling, however, changes the game... and it's now an opportunity for you, the freedom of speech enabled citizenry, unions, or corporations to take advantage of me.
First, let me say that I have principles: valuable, deeply held principles that I will gladly abandon for cold, hard cash. You want an amendment to stop flag burning: for $5,000, I can be your candidate. You want to put electronic monitoring devices on liberals: for $5,000,000 I can be your candidate. You want to invade countries populated by brown people and forcibly convert them to Pepsi-Colaism... brother, for a mere $50,000,000 I can make that happen.
Of course, my real platform if totally up to you.
For a nice chunk of change I can be against gay marriage, but for a little bit more, I can be for it.I can be a Democrat, a Republican, a Libertarian, a Tea-Bagger, a Trash Bagger, A Stinking Badger, or anything else your greedy little hands want me to be.
Don't like stop signs? For a generous contribution, neither do I?
Think that we need to drill baby seals in ANWR for their oil? A cool million from Exxon-Mobil would make me agree.
Want to waterboard people in contravention of the Geneva Convention? For a campaign plane, I'll hold the bucket for you.
This is a great opportunity for democracy. Think of me as your, squishy, pliable, political Gumby whore, willing to do anything and contort anyway that you want me too.
But wait, there's MORE!
If you are one of the first 300 contributors, I will give you the opportunity to actually vote FOR ME. I mean, literally, if you decide that I'm going to be a congressman, I will let you push the little red button on the floor of the House for me. You want to have my vote on Global Warming? Bam! You literally have my vote on global warming.
Hurry though, as there are only so many positions for sale. Contribute now before someone else buys up your democracy!
-O
The Angry Drunk Bureaucrat
1/21/10
The Dissent, By Justice Stevens
Justice Stevens writes, in footnote 74 of today's SCOTUS ruling allowing corporations unfettered access to politicians by buying them:
In a democratic society, the longstanding consensus on the need to limit corporate campaign spending should outweigh the wooden application of judge-made rules. The majority’s rejection of this principle "elevate[s] corporations to a level of deference which has not been seen at least since the days when substantive due process was regularly used to invalidate regulatory legislation thought to unfairly impinge upon established economic interests." At bottom, the Court’s opinion is thus a rejection of the common sense of the American people, who have recognized a need to prevent corporations from undermining self government since the founding, and who have fought against the distinctive corrupting potential of corporate electioneering since the days of Theodore Roosevelt. It is a strange time to repudiate that common sense. While American democracy is imperfect, few outside the majority of this Court would have thought its flaws included a dearth of corporate money in politics.h/t DWT
7/13/09
Activist Republican Judges
Senator Sheldon Whitehouse at Sotomayor's hearing today:
The "umpire" analogy is belied by Chief Justice Roberts, though he cast himself as an "umpire" during his confirmation hearings. Jeffrey Toobin, a well-respected legal commentator, has recently reported that "[i]n every major case since he became the nation's seventeenth Chief Justice, Roberts has sided with the prosecution over the defendant, the state over the condemned, the executive branch over the legislative, and the corporate defendant over the individual plaintiff." Some umpire. And is it a coincidence that this pattern, to continue Toobin's quote, "has served the interests, and reflected the values of the contemporary Republican party"? Some coincidence.
For all the talk of "modesty" and "restraint," the right wing Justices of the Court have a striking record of ignoring precedent, overturning congressional statutes, limiting constitutional protections, and discovering new constitutional rights: the infamous Ledbetter decision, for instance; the Louisville and Seattle integration cases; the first limitation on Roe v. Wade that outright disregards the woman's health and safety; and the DC Heller decision, discovering a constitutional right to own guns that the Court had not previously noticed in 220 years. Some "balls and strikes." Over and over, news reporting discusses "fundamental changes in the law" wrought by the Roberts Court's right wing flank. The Roberts Court has not kept the promises of modesty or humility made when President Bush nominated Justices Roberts and Alito.
So, Judge Sotomayor, I'd like to avoid codewords, and look for a simple pledge from you during these hearings: that you will respect the role of Congress as representatives of the American people.
5/18/09
Toobin On Roberts: He's A Jerk
From The New Yorker:
His jurisprudence as Chief Justice, Roberts said, would be characterized by “modesty and humility.” After four years on the Court, however, Roberts’s record is not that of a humble moderate but, rather, that of a doctrinaire conservative. The kind of humility that Roberts favors reflects a view that the Court should almost always defer to the existing power relationships in society. In every major case since he became the nation’s seventeenth Chief Justice, Roberts has sided with the prosecution over the defendant, the state over the condemned, the executive branch over the legislative, and the corporate defendant over the individual plaintiff.[emphasis mine] Even more than Scalia, who has embodied judicial conservatism during a generation of service on the Supreme Court, Roberts has served the interests, and reflected the values, of the contemporary Republican Party.
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