Showing posts with label Law. Show all posts
Showing posts with label Law. Show all posts

Wednesday, July 11, 2018

Kavanaugh Coverage at the Other McCain

From Robert Stacy McCain, "Rhetorical Escalation":

After President Trump announced Brett Kavanaugh as his nominee to the Supreme Court on Monday, Democrats and the media (but I repeat myself) spent all day Tuesday engaged in a competition to demonize Kavanaugh. If you believe what Democrats tell you, Kavanaugh is the most extreme extremist in the history of extremism. How extreme is he? Extremely extreme! He’s not just a right-winger, he’s “far-right.” How far? Extremely far! He’s so extremely far right as to “threaten the lives of millions of Americans for decades,” to quote Clinton crony and former Virginia Gov. Terry McAuliffe. (Hat-tip: Hogewash.)

The reader who isn’t tuned into the CNN/MSNBC/Democrat hysteria may wonder, how does a federal judge threaten millions of lives? On MSNBC’s Morning Joe, Chuck Schumer said: “I will oppose this nomination with everything I’ve got. . . . This man should not be on the bench. . . . I believe he is far, far right on so many issues.” Schumer repeatedly asserted that the Kavanaugh nomination is somehow a threat to ObamaCare. Exactly how the Supreme Court affects healthcare legislation, Schumer didn’t specify, but he said that coverage for “pre-existing conditions,” which he described as “very popular” with the Democrat Party’s base, would be jeopardized if Kavanaugh is confirmed.

Because I don’t pay much attention to the paranoid fears of Democrats, it’s possible that Schumer is actually right about this. For all I know, there are cases pending in lower courts challenging elements of the Affordable Care Act (ACA) which Democrats rammed through Congress on a party-line vote just a few months before they lost their majority in the 2010 midterm elections. The ACA’s mandate of coverage for “pre-existing conditions” was one of the worst job-killers in the bill. Requiring employers to provide insurance that covered whatever health problems the employee might have had before being hired meant that a lot of people simply couldn’t get hired, and this measure also sent health insurance rates skyrocketing, as insurers sought to compensate for the (often very expensive) treatments they were now required to cover.

One reason the economy started booming — and unemployment started declining — as soon as Trump was elected was that he promised to repeal ObamaCare and, by executive action, was able to limit the job-killing impact of this badly constructed legislation. If somehow the Supreme Court could render the entirety of ObamaCare null and void, good, although as I say, I’m not aware that this is likely, or even possible...
More.

Also at the Other McCain, "Democrats Use Kavanaugh Nomination in Congressional Fundraising Efforts."

Don't know about you, but I don't expect Kavanaugh to have a tough confirmation. Pro-choice Republicans (I know, oxymoron) Susan Collins and Lisa Murkowski have signaled their support for the nominee, and most of those red-state Democrats facing reelection this year are likely to fall in line (see the interesting Survey Monkey poll at Axios, "Democrats' Senate dream slips away.")

Kavanaugh will be borked, of course. But he's a decent family man and Democrat opposition to him is going to put the party on the wrong side of the American people, which is where the Democrats are most of the time anyway nowadays (*eye-roll*).

Tomi Lahren Goes Off the Rails on Kavanaugh and the Right to Life (VIDEO)

I'm not sure where she got these weird ideas, but Ms. Tomi's definitely "out there" on the politics of abortion. President Trump won evangelicals because he credibly promised to appoint socially conservative jurists, and the pro-life stand is the sine qua non of social conservatism.

She's been attacked as a "liberal" this week on Twitter, and for good reason at this point. She's digging a hole for herself. I like her spunk. And she's a fox. But c'mon, you're not "conservative" if you're pro-choice. Libertarian maybe, but definitely not conservative.

On Fox & Friends this morning:



Tuesday, July 10, 2018

Democrats Go Completely Bonkers Over Brett Kavanaugh Nomination (VIDEO)

From Laura Ingraham's opening "angle":




Fox News' Shannon Bream Cancelled Field Coverage at Supreme Court Due to 'Volatile' Situation with Protesters

This is terrible. Someone could get hurt.

Seen on Twitter last night.



Brett Kavanaugh Sits Next to Clarence Thomas on Supreme Court's Ideological Spectrum

I just love this Kavanaugh pick.

Seen on Twitter:


Democrats Come Out Swinging Against Kavanaugh (VIDEO)

Naturally.

At NYT, "Senate Democrats Come Out Swinging in Long-Shot Fight to Block Kavanaugh":

WASHINGTON — Senate Democrats, facing an uphill struggle to reject the nomination of Judge Brett M. Kavanaugh to the Supreme Court, opened a broad attack on Tuesday, painting him as an arch-conservative who would roll back abortion rights, undo health care protections, ease gun restrictions and protect President Trump against the threat of impeachment.

But the Senate Republican leader, Mitch McConnell of Kentucky, excoriated Democrats for engaging in what he called “cheap political fear-mongering,” and for declaring their opposition to Judge Kavanaugh even before his nomination was announced.

“They wrote statements of opposition only to fill in the name later,” the ordinarily staid Mr. McConnell said, growing exercised as he delivered his customary morning remarks on the Senate floor. “Senate Democrats were on record opposing him before he’d even been named! Just fill in the name! Whoever it is, we’re against.”

And a key Republican swing vote, Senator Susan Collins of Maine, quickly signaled just how hard it will be for Democrats to pull any Republicans into the opposition. “When you look at the credentials that Judge Kavanaugh brings to the job, it will be very difficult for anyone to argue that he’s not qualified,” she told reporters.

As Judge Kavanaugh arrived at the Capitol to meet with the Republican leader and the chairman of the Senate Judiciary Committee, the committee’s Democrats and the Democratic leader took to the Supreme Court steps to deliver a direct appeal to Americans to rise up in opposition to his nomination.

“If you are a young woman in America or care about a young woman in America, pay attention to this,” said Senator Kamala Harris, Democrat of California. “It will affect your life.”
More.

Brett Kavanaugh Could Cement Conservative Majority for Decades

It's the big story, and it's great!

At NYT, "Senate Democrats Come Out Swinging in Long-Shot Fight to Block Kavanaugh":


President Trump on Monday nominated Judge Brett M. Kavanaugh, a politically connected member of Washington’s conservative legal establishment, to fill Justice Anthony M. Kennedy’s seat on the Supreme Court, setting up an epic confirmation battle and potentially cementing the court’s rightward tilt for a generation.

Presenting Judge Kavanaugh at the White House, Mr. Trump described him as “one of the finest and sharpest legal minds in our time,” and declared him a jurist who would set aside his political views and apply the Constitution “as written.”

The nomination of Judge Kavanaugh, 53, a federal appeals court judge, former aide to President George W. Bush and onetime investigator of President Bill Clinton, was not a huge surprise, given his conservative record, elite credentials and deep ties among the Republican legal groups that have advanced conservatives for the federal bench.

But his selection will galvanize Democrats and Republicans in the months before the midterm elections. Moments after the announcement, the Senate Democratic leader, Chuck Schumer of New York, declared, “I will oppose Judge Kavanaugh’s nomination with everything I have.” Senator Mitch McConnell of Kentucky, who leads the barest of Republican majorities, had expressed misgivings about his path to confirmation, but said he was a “superb choice.”

Justice Kennedy, who is retiring, held the swing vote in many closely divided cases on issues like abortion, affirmative action, gay rights and the death penalty. Replacing him with a committed conservative, who could potentially serve for decades, will fundamentally alter the balance of the court and put dozens of precedents at risk.

Judge Kavanaugh’s long history of legal opinions, as well as his role in some of the fiercest partisan battles of the last two decades, will give Democrats plenty of ammunition for tough questions. Nearly 20 years ago, working for the independent counsel Kenneth W. Starr, he laid out broad grounds to impeach Mr. Clinton — words that Democrats can now seize on to apply to Mr. Trump and the Russia investigation.

In choosing Judge Kavanaugh, the president opted for a battle-scarred veteran of Republican politics but also someone with close ties to the Bush family — a history that aides to Mr. Trump said he viewed as a strike against him and had to overcome.

Before serving Mr. Bush in the White House, Judge Kavanaugh worked for him in the 2000 presidential vote recount in Florida. When Mr. Bush nominated him in 2003 to the United States Court of Appeals for the District of Columbia Circuit, Democrats complained that he was too partisan. He survived a contentious confirmation hearing and was confirmed in 2006.

In his remarks, Judge Kavanaugh, who once clerked for Justice Kennedy, said he would “keep an open mind in every case.” But he declared that judges “must interpret the law, not make the law.”

Democrats are still bitter that Republicans blocked President Barack Obama’s nomination of Judge Merrick B. Garland to fill the last Supreme Court vacancy, created by the death of Justice Antonin Scalia in 2016. Republicans denied Judge Garland a hearing, arguing that the right to name a justice ought to be left to Mr. Obama’s successor...
More.

And lots of stuff at Memeorandum.

Monday, July 9, 2018

Anticipation Ahead of Trump's Supreme Court Nomination Tonight

Ann Althouse posts on NPR's big piece on tonight's announcement, which I happened to tweet a little while ago:



Tuesday, June 26, 2018

Supreme Court Upholds President Trump's Travel Ban

I'm positively giddy with today's decision out of SCOTUS.

I'm especially pleased because it's a huge defeat for the radical left.

At USA Today, "Supreme Court upholds President Trump's travel ban against majority-Muslim countries":
WASHINGTON — A deeply divided Supreme Court upheld President Trump's immigration travel ban against predominantly Muslim countries Tuesday as a legitimate exercise of executive branch authority.

The 5-4 ruling reverses a series of lower court decisions that had struck down the ban as Illegal or unconstitutional. It hands a major victory to Trump, who initiated the battle to ban travelers a week after assuming office last year. It was a defeat for Hawaii and other states that had challenged the action, as well as immigration rights groups.

Trump hailed the decision as vindicating his controversial immigration policies, after first tweeting seven simple words: "SUPREME COURT UPHOLDS TRUMP TRAVEL BAN. Wow!"

"In this era of worldwide terrorism and extremist movements bent on harming innocent civilians, we must properly vet those coming into our country," the president said. "This ruling is also a moment of profound vindication following months of hysterical commentary from the media and Democratic politicians who refuse to do what it takes to secure our border and our country."

The president had vowed to ban Muslims during the 2016 presidential campaign and continued his attacks on Twitter after his election. But the high court said those statements did not constitute evidence of religious discrimination.

Chief Justice John Roberts issued the opinion, supported by the court's other four conservatives — a majority that has held through a dozen 5-4 cases this term. He said the ban's restrictions are limited to countries previously designated by Congress or prior administrations as posing national security risks. And he noted that Trump's latest version followed a worldwide review process by several government agencies.

"The proclamation is squarely within the scope of presidential authority," the chief justice said. Claims of religious bias against Muslims do not hold up, he said, against "a sufficient national security justification."

However, Roberts said, "We express no view on the soundness of the policy." And Justice Anthony Kennedy, in a brief concurring opinion, referred obliquely to the potential relevance of Trump's statements about religion.

"There are numerous instances in which the statements and actions of government officials are not subject to judicial scrutiny or intervention," Kennedy wrote. "That does not mean those officials are free to disregard the Constitution and the rights it proclaims and protects."

The court's four liberal justices dissented, and Justices Stephen Breyer and Sonia Sotomayor read excerpts from the bench, a rare occurrence. Breyer, joined by Justice Elena Kagan, found "evidence of anti-religious bias" that he said was worth a second go-round at the federal district court level.

Sotomayor's dissent was lengthier and more strident, and she spoke in court for some 20 minutes. Quoting extensively Trump's words during and after the 2016 campaign, she wrote: "A reasonable observer would conclude that the proclamation was motivated by anti-Muslim animus." She was joined by Justice Ruth Bader Ginsburg.

"What began as a policy explicitly 'calling for a total and complete shutdown of Muslims entering the United States' has since morphed into a 'proclamation' putatively based on national-security concerns," Sotomayor said. "But this new window dressing cannot conceal an unassailable fact: the words of the president and his advisers create the strong perception that the proclamation is contaminated by impermissible discriminatory animus against Islam and its followers."
Keep reading.

It turns out Sotomayor was absolutely furious, as were leftist outrage mobsters on Twitter:


Wednesday, April 25, 2018

The Nation's Broken Probation System

This is a good piece. I'm not 100 percent convinced the probation system is "broken," but she's got a lot of excellent examples to show its flaws.

From Nila Bala, at USA Today, "Meek Mill is exhibit A of nation's broken probation system."


Sunday, September 17, 2017

Jeff Sessions Returns Department of Justice to Rule of Law

From Andrew McCarthy, at NRO, "On Criminal Justice, Sessions iss Returning DOJ to the Rule of Law":
A response to Joyce Vance and Carter Stewart

wo former top Obama-appointed prosecutors co-author a diatribe against Trump attorney general Jeff Sessions for returning the Justice Department to purportedly outdated, too “tough on crime” charging practices. Yawn. After eight years of Justice Department stewardship by Eric Holder and Loretta Lynch, and after Obama’s record 1,715 commutations that systematically undermined federal sentencing laws, we know the skewed storyline.

The surprise is to find such an argument in the pages of National Review Online. But there it was on Tuesday: “On Criminal Justice, Sessions Is Returning DOJ to the Failed Policies of the Past,” by Joyce Vance and Carter Stewart, formerly the United States attorneys for, respectively, the Northern District of Alabama and the Southern District of Ohio. Ms. Vance is now lecturing on criminal-justice reform at the University of Alabama School of Law and doing legal commentary at MSNBC. Mr. Stewart has moved on to the Draper Richards Kaplan Foundation, fresh from what it describes as his “leadership role at DOJ in addressing inequities in the criminal justice system,” focusing on “alternatives to incarceration,” and “reducing racial disparities in the federal system.”

The authors lament that Sessions has reinstituted guidelines requiring prosecutors “to charge the most serious offenses and ask for the lengthiest prison sentences.” This, the authors insist, is a “one-size-fits-all policy” that “doesn’t work.” It marks a return to the supposedly “ineffective and damaging criminal-justice policies that were imposed in 2003,” upsetting the “bipartisan consensus” for “criminal-justice reform” that has supposedly seized “today’s America.”

This is so wrongheaded, it’s tough to decide where to begin.

In reality, what Sessions has done is return the Justice Department to the traditional guidance articulated nearly four decades ago by President Carter’s highly regarded attorney general, Benjamin Civiletti (and memorialized in the U.S. Attorney’s Manual). It instructs prosecutors to charge the most serious, readily provable offense under the circumstances. Doesn’t work? This directive, in effect with little variation until the Obama years, is one of several factors that contributed to historic decreases in crime. When bad guys are prosecuted and incarcerated, they are not preying on our communities. The thrust of the policy Sessions has revived is respect for the Constitution’s bedrock separation-of-powers principle. It requires faithful execution of laws enacted by Congress.

The thrust of the policy Sessions has revived is respect for the Constitution’s bedrock separation-of-powers principle. It requires faithful execution of laws enacted by Congress.

A concrete example makes the point. Congress has prescribed a minimum ten-year sentence for the offense of distributing at least five kilograms of cocaine (see section 841(b)(1)(A)(ii) of the federal narcotics laws). Let’s say a prosecutor is presented with solid evidence that a defendant sold seven kilograms of cocaine. The crime is readily provable. Nevertheless, the prosecutor follows the Obama deviation from traditional Justice Department policy, charging a much less serious offense: a distribution that does not specify an amount of cocaine — as if we were talking about a one-vial street sale. The purpose of this sleight of hand is to evade the controlling statute’s ten-year sentence, inviting the judge to impose little or no jail time.

That is not prosecutorial discretion. It is the prosecutor substituting his own judgment for Congress’s regarding the gravity of the offense. In effect, the prosecutor is decreeing law, not enforcing what is on the books — notwithstanding the wont of prosecutors to admonish that courts must honor Congress’s laws as written. Absent this Justice Department directive that prosecutors must charge the most serious, readily provable offense, the executive branch becomes a law unto itself. Bending congressional statutes to the executive’s policy preferences was the Obama approach to governance, so we should not be surprised that a pair of his appointed prosecutors see it as a model for criminal enforcement, too. But it is not enforcement of the law. It is executive imperialism. It is DACA all over again: “Congress refuses to codify my policy preferences; but I have raw executive power so I shall impose them by will . . . and call it ‘prosecutorial discretion.’” (In truth, it is a distortion of prosecutorial discretion.)

It should not be necessary to point out to accomplished lawyers that, in our system, “bipartisan consensus” is not a comparative handful of Democrats and Republicans clucking their tongues in unison. Yes, between leftist hostility to incarceration and libertarian skepticism about prosecutorial power, there is common ground among some factions of lawmakers when it comes to opposing our allegedly draconian penal code. But these factions are not much of a consensus. The only consensus that matters is one that drums up support sufficient to enact legislation into law. “Criminal-justice reform” is of a piece with “comprehensive immigration reform” and the Obama agenda: If it actually enjoyed broad popularity, resort to executive fiat would be unnecessary — Congress would codify it.

The criminal-justice “reformers” want mandatory-minimum-sentencing provisions eliminated and other sentencing provisions mitigated. Yet, despite the sympathetic airing they get from the “progressive” mainstream media, they are unable to get their “reforms” passed by Congress. How come? Because strong majorities of lawmakers understand themselves to be accountable to commonsense citizens — people who aren’t “evolved” enough to grasp how reducing the number of criminals in prisons will somehow decrease the amount of crime. Most of us benighted types proceed under the quaint assumption that, even in “today’s America,” the streets are safer when the criminals are not on them.

In light of the caterwauling about mandatory-minimum sentencing by people either unfamiliar with or in a state of amnesia about what the federal system was like before it was instituted, it is worth repeating: Such provisions mean that the public, rather than the judge, decides the minimum appropriate term for serious crimes. As a class, judges are elite products of American universities and tend to be more left-leaning than the general public. That is particularly the case with respect to President Obama’s 335 judicial appointees, many of them — like Obama himself, as well as Vance and Stewart — philosophically resistant to incarceration as a response to crime. We can certainly repeal mandatory minimums, but if we do, it will vest those judges with unfettered discretion to mete out punishment...
Sessions is Numero Uno in my book. I was bummed upon hearing the talk of his possible resignation. We really need this guy at the helm over there. He's MAGA.

Keep reading.

Thursday, August 17, 2017

'For marginalized communities, the power of expression is impoverished for reasons that have little to do with the First Amendment...'

Terrible. Disgusting. Reprehensible.

I saw folks retweeting this New York Times piece this morning. It's from K-Sue Park, who's a "Critical Race Studies Fellow at UCLA School of Law for 2017-2019," of course.

See, "The A.C.L.U. Needs to Rethink Free Speech." (Safe link.)

Althouse comments:
Contextual... creative... holistic... these are the subtleties that grease the way to the end of constitutional rights.

Thanks to the ACLU for standing up for free speech where it counts — when the speaker is hated.

You can donate to the ACLU here.
Click through to hit that donate button at Althouse.

Thursday, August 3, 2017

Why Trump Is Right About Immigration

From Mark Krikorian, at the National Interest:
For the past two years, ever since Donald Trump’s escalator ride, the immigration debate has focused on enforcement and illegality. The wall, criminal aliens, deportation, Obama’s lawless executive amnesty—it’s been all illegal immigration, all the time.

And that’s as it should be, at first, because if the rules aren’t enforced, it doesn’t much matter what the rules are.

But in the long run the more important questions are: What are the rules? How many people should the federal immigration program admit each year? How should they be selected? How can we minimize the harm from the program while maximizing the benefits?

Senators Tom Cotton and David Perdue have started to answer these questions. They joined President Trump at the White House this morning to unveil legislation to restructure and modernize the federal immigration program. The Reforming American Immigration for a Strong Economy Act (RAISE Act) resumes the effort undertaken by civil rights icon Barbara Jordan’s U.S. Commission on Immigration Reform in the mid-1990s. Two decades ago, the corporate Right allied with the cultural Left to kill Jordan’s recommended immigration changes. But the logic of those changes didn’t go away. And today’s announcement picks up where she left off.

The Cotton-Perdue bill makes a number of significant changes to the current program. First, it focuses family immigration more narrowly. Currently, two-thirds of the million-plus foreign citizens who get green cards (i.e., permanent residence that can lead to citizenship) each year qualify only because they have relatives already here. This nepotistic system does not screen for skills or education. It also drives chain migration, as each cohort of immigrants sponsors the next one.

The RAISE Act would limit family immigration rights to the actual nuclear family: husbands, wives, and little kids of American citizens and legal residents. The current categories for adult siblings, adult sons and daughters, and parents would be retired. U.S. citizens could still bring in their elderly parents in need of caretaking, but only on renewable nonimmigrant visas (no green cards or citizenship) and only after proving that they’ve paid for health insurance up front.

The second major element in this restructuring addresses the employment-based immigration flow. It is now a jumble of categories and subcategories, the main result of which is to provide steady work for immigration lawyers. The Cotton-Perdue bill would rationalize this mess by creating one, streamlined points system, along the lines of similar schemes in Canada and Australia. Points would be awarded to potential candidates based mainly on education, English-language ability and age, and those who meet a certain benchmark would be in the pool for green cards, with the top scorers being selected first.

The bill would also eliminate the egregious Diversity Visa Lottery and cap refugee admissions at fifty thousand per year, rather than allow the president let in as many as he wants, as is the case today.

The level of immigration—now running at over a million a year—would likely drop by 40 percent, and then drop some more over time, as the number of foreign spouses declined. (Most U.S. citizens marrying foreigners are earlier immigrants, so as they age, and fewer new immigrants come in behind them, the demand for spousal immigration is likely to fall.) That would still mean annual permanent immigration of 500,000–600,000 a year, which is more than any other nation.

The bill isn’t perfect. It leaves the level of skills-based immigration, for instance, at the current 140,000 a year—the world doesn’t generate 140,000 Einsteins annually. It preserves a category for the spouses and minor children of green-card holders, which I don’t think is justified. (That relates to spouses acquired after immigration; if you’re married at the time you get your green card, your spouse automatically gets one too.) And I don’t think there’s any justification for resettling even fifty thousand refugees (as opposed to helping a far greater number at the same cost in the countries where they’ve taken refuge).

Neither does this bill address so-called temporary immigration, where businesses import cheap labor—both higher- and lower-skilled—to make an end-run around the American labor market...
More.

Thursday, June 15, 2017

Trump Administration Rescinds DAPA (Deferred Action for Parents of Americans)

This is big. Freakin' really big.


Monday, April 24, 2017

For Calexico, the Border's Just a Line to Cross

At the Los Angeles Times:


Monday, April 10, 2017

Gorsuch Sworn In

Following-up, "Neil Gorsuch Will Have Immediate Impact."

This is so big, it's not even fathomable.

And if Trump appoints two justices, it'll literally be an epochal victory for conservatism. Let's see if Kennedy steps down this summer, of which I heard rumbles.

In any case, at NYT:


Neil Gorsuch Will Have Immediate Impact

At LAT: