Saving Democracy
Showing posts with label Supreme Court. Show all posts
Showing posts with label Supreme Court. Show all posts
3/04/2012
11/27/2011
1/14/2011
12/18/2010
1/30/2010
Justice Stevens is Clear
In his dissenting opinion of CITIZENS UNITED v. FEDERAL ELECTION COMM’N shows that Chief Justice Roberts is an activist judge.
Justice Stevens writes;
"This brief tour of alternative grounds on which the case could have been decided is not meant to show that any of these grounds is ideal, though each is perfectly “valid,” ante, at 12 (majority opinion).16 It is meant to show that there were principled, narrower paths that a Court that was serious about judicial restraint could have taken."
And in my opinion Chief Justice Roberts is a judge who lied to get on the court and has every intent to re-write the constitution to the neo-cons wishes.
11/09/2009
The Death Penalty Experiment Has Failed
In Callins v. Collins, Feb. 22, 1994 Justice Blackmun wrote;
“From this day forward, I no longer shall tinker with the machinery of death. For more than 20 years I have endeavored...to develop...rules that would lend more than the mere appearance of fairness to the death penalty endeavor...Rather than continue to coddle the court's delusion that the desired level of fairness has been achieved...I feel...obligated simply to concede that the death penalty experiment has failed. It is virtually self-evident to me now that no combination of procedural rules or substantive regulations ever can save the death penalty from its inherent constitutional deficiencies... Perhaps one day this court will develop procedural rules or verbal formulas that actually will provide consistency, fairness and reliability in a capital-sentencing scheme. I am not optimistic that such a day will come. I am more optimistic, though, that this court eventually will conclude that the effort to eliminate arbitrariness while preserving fairness 'in the infliction of [death] is so plainly doomed to failure that it and the death penalty must be abandoned altogether.”
President Obama will have two more opportunities to keep the extreme right wing activist justices in check.
5/01/2009
In June of last year I wrote;
“John McCain has stated he continue to appoint conservative judges. The more moderate, some say liberal, judges are ready to retire. John Paul Stevens is 88, Justice Ruth Bader-Ginsburg is in her middle 70’s and has health issues and Justice Souter would like to get back to his cabin.
All of them are clinging to their seats, praying for a progressive, Democratic President so they can retire and not concede the court to the activist right.”
Well Souter has bailed and you have to know that Ginsberg and Stevens are not far behind.
Elected by Papa Bush Souter ended up being a judge that understands the law and was not an ideologue. The Shrub’s choices are a disaster that we will have to live with for a long time.
Thankfully all three made it to Obama’s Presidency and he will have the opportunity to at least keep the jackals at bay.
2/06/2009
6/29/2008
The Reason It Matters
The Supreme Court just ended their session last week and the decisions that were handed down have pointed out why the next election is so important.
John McCain has stated he will continue to appoint conservative judges. The more moderate, some say liberal, judges are ready to retire. John Paul Stevens is 88, Justice Ruth Bader-Ginsburg is in her middle 70’s and has health issues and Justice Souter would like to get back to his cabin.
All of them are clinging to their seats, praying for a progressive, Democratic President so they can retire and not concede the court to the activist right.
The appointments of Alito and Roberts and the retirement of O’Conner, has tilted one of the three pillars of our government to the right in a way that is reshaping the laws of the land.
This election is, of course, about the two men running but the make up of the court will be a lasting legacy that we will have to live with for many years after the next President is long gone.
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