Category: Judges


Permalink Categories: Crazy Evangelicals, Judges   English (US)

Ultra-Right Wing Speaks Again.

Crazy Evangelicals

I can only assume that if you are this obsessed with gay people you do so because you are a raging queer yourself. This church has so bastardized the teachings of the Bible to the point that it is almost funny.

So here is my message to all my Bush loving readers, I would rather be on the left with the likes of Jane Fonda and Michael Moore than on the right, where these people are on your side.

Phelps is a fag

I will take Michael More any day.


Permalink Categories: Life in Bushs America, Judges   English (US)

Roberts to be Chief Justice.


Well I am not sure what this John Roberts has done for Bush, but he has not decided to nominate him to the role of Chief Justice of the United States Supreme Court.

From the AP.

WASHINGTON (AP) - President Bush on Monday nominated John Roberts to succeed William H. Rehnquist as chief justice, and called on the Senate to confirm him before the Supreme Court opens its fall term on Oct. 3.

The swift move would promote to the Supreme Court's top job a man who currently is being considered as one of eight associate justices.

"I am honored and humbled by the confidence the president has shown in me," Roberts said, standing alongside Bush in the Oval Office.

"He's a man of integrity and fairness and throughout his life he's inspired the respect and loyalty of others," Bush said. "John Roberts built a record of excellence and achievement and reputation for goodwill and decency toward others. in his extraordinary career."

This guy has been a right wing shill for the better part of 20 years, and boy is he getting paid now.


In 30 Mins, Bush will Try To Change the Subject...


I will not blog about this after this one... because the Congress is away, and will not be back in 5 weeks. This announcement is nothing more than a distraction from the Karl Rove story. People, nothing is going to happen to this nominee for over a month...

I will not be distracted from the real crimes at hand.

Quick everyone, look over here!


Robert's Record

For Bush I, successfully helped argue that doctors and clinics receiving federal funds may not talk to patients about abortion. (Rust v. Sullivan, 1991)

Separation of Church and State
For Bush I, co-authored a friend-of-the-court brief arguing that public high-school graduation programs could include religious ceremonies. The Supreme Court disagreed by a vote of 5-4. (Lee v. Weisman, 1992)

Civil Rights and Liberties

For a unanimous panel, denied the weak civil rights claims of a 12-year-old girl who was arrested and handcuffed in a Washington, D.C., Metro station for eating a French fry. Roberts noted that "no one is very happy about the events that led to this litigation" and that the Metro authority had changed the policy that led to her arrest. (Hedgepeth v. Washington Metropolitan Area Transit Authority, 2004).

In private practice, wrote a friend-of-the-court brief arguing that Congress had failed to justify a Department of Transportation affirmative action program. (Adarand Constructors, Inc. v. Mineta, 2001).

For Reagan, opposed a congressional effort-in the wake of the 1980 Supreme Court decision Mobile v. Bolden-to make it easier for minorities to successfully argue that their votes had been diluted under the Voting Rights Act.

Environmental Protection and Property Rights
Voted for rehearing in a case about whether a developer had to take down a fence so that the arroyo toad could move freely through its habitat. Roberts argued that the panel was wrong to rule against the developer because the regulations on behalf of the toad, promulgated under the Endangered Species Act, overstepped the federal government's power to regulate interstate commerce. At the end of his opinion, Roberts suggested that rehearing would allow the court to "consider alternative grounds" for protecting the toad that are "more consistent with Supreme Court precedent." (Rancho Viejo v. Nortion, 2003)

For Bush I, argued that environmental groups concerned about mining on public lands had not proved enough about the impact of the government's actions to give them standing to sue. The Supreme Court adopted this argument. (Lujan v. National Wildlife Federation, 1990)

Criminal Law
Joined a unanimous opinion ruling that a police officer who searched the trunk of a car without saying that he was looking for evidence of a crime (the standard for constitutionality) still conducted the search legally, because there was a reasonable basis to think contraband was in the trunk, regardless of whether the officer was thinking in those terms. (U.S. v. Brown, 2004)

Habeas Corpus
Joined a unanimous opinion denying the claim of a prisoner who argued that by tightening parole rules in the middle of his sentence, the government subjected him to an unconstitutional after-the-fact punishment. The panel reversed its decision after a Supreme Court ruling directly contradicted it. (Fletcher v. District of Columbia, 2004)

Judicial Philosophy
Concurring in a decision allowing President Bush to halt suits by Americans against Iraq as the country rebuilds, Roberts called for deference to the executive and for a literal reading of the relevant statute. (Acree v. Republic of Iraq, 2004)

In an article written as a law student, argued that the phrase "just compensation" in the Fifth Amendment, which limits the government in the taking of private property, should be "informed by changing norms of justice." This sounds like a nod to liberal constitutional theory, but Rogers' alternative interpretation was more protective of property interests than Supreme Court law at the time.


Permalink Categories: Crazy Evangelicals, Judges   English (US)

No 10 Commandments in Gov Buildings.

Crazy Evangelicals

Oh I am sure that the un-Christian Christians are up in arms at the Supreme Court today. In a 5-4 ruling, they said you could not display the "10 Commandments" INSIDE courthouses and government buildings...

We await a ruling from a Texas case that has a huge monument on the ground of the state house.

Update: SC okays 10 Commandments on the grounds of the state house in Texas...


Dobson and Bauer are Pissed - That is a Victory


If the comments coming from all the talking heads is any indication, the Democrats won on the Filibuster thing. I do not personally see that right now, so I am going to extend a little faith.

I really feel that this was more of a Frist vs McCain issue. Both of these men are looking for the Republican nomination in 2008, and this was a game of one up-menship. Allow me to explain, Frist is banking on the Right Wing Nuts to get him elected, and McCain is a known moderate that has a lot of cross over support. McCain is betting that the Wing nuts are waning, and the polls back that up. This was, a pre Republican primary, and Frist lost, the wing nuts lost.

How do I know the wing nuts have lost, well James Dobson, Dictator of Focus on the Family

This Senate agreement represents a complete bailout and betrayal by a cabal of Republicans and a great victory for united Democrats. Only three of President Bush's nominees will be given the courtesy of an up-or-down vote, and it's business as usual for all the rest. The rules that blocked conservative nominees remain in effect, and nothing of significance has changed. Justice Clarence Thomas, Justice Antonin Scalia, and Chief Justice William Rehnquist would never have served on the U. S. Supreme Court if this agreement had been in place during their confirmations. The unconstitutional filibuster survives in the arsenal of Senate liberals.

Gary Bauer
- über wing nut, and failed Presidential Candidate

This is a sad day for our nation. The desire of millions of Americans to restore balance to our federal courts has been thwarted behind closed doors by 14 senators. Only three of President Bush's appointees are guaranteed an up or down vote under this sell out.

Under this agreement it is now more likely that radical social change will continue to be forced on the American people by liberal courts committed to same sex marriage, abortion on demand and hostility to religious expression. The Republicans who lent their names to this travesty have undercut their President as well as millions of their most loyal voters. Shame on them all.

Man, all I can say is this guy is why to focused on my love life, the last time I read of someone who was such a über bigots of gays turned out to be a raging homo himself, Hmmm, should we call this West Syndrome.

So in short, regardless of this deal, it just makes me happy as hell to see Frist have his Presidential dreams squashed, and that Dobson and Bauer are pissed. I love that!


Permalink Categories: Judges   English (US)

Deal Reached


Around 8pm on Monday, 14 Senators, said a deal was made, here are some of the details from Think Progress

The signatories make no commitment to vote for or against cloture on two judges, William Myers and Henry Saad. Future nominations will - the signatories will exercise their responsibilities and the nominees should only be filibusters under extraordinary circumstances.

And in light of this commitment and a continuing commitment, we will try to do everything in our power to prevent filibusters in the future.

This agreement is meant in the finest traditions of the Senate it was entered into: trust, respect and mutual desire to see the institution of the Senate function in ways that protect the rights of the minority.

I am sure more details to come. One think worth saying, during an interview on CNN Sen Graham may have let some of the cat out of the bag, he said, "Some Republicans are going to vote against these nominees", so maybe some of the insides of this deal will force a defeat on some of there judges.

We will see.


Permalink Categories: Failed Presidency, Judges   English (US)

Opens mouth Inserts Foot


I got this from Think Progres

If you follow any blogs or news, you know that Frist has cocked the trigger, and gets ready to shot on the "Nuclear Option". Well it looks like Sen. Chuck Schumer may have painted Frist into a little bit of a corner.

--- From Think Progress ----

SEN. SCHUMER: Isn't it correct that on March 8, 2000, my colleague [Sen. Frist] voted to uphold the filibuster of Judge Richard Paez?

Here was Frist's response:

SEN FRIST: The president, the um, in response, uh, the Paez nomination - we'll come back and discuss this further. ... Actually I'd like to, and it really brings to what I believe - a point - and it really brings to, oddly, a point, what is the issue. The issue is we have leadership-led partisan filibusters that have, um, obstructed, not one nominee, but two, three, four, five, six, seven, eight, nine, ten, in a routine way.

So, Frist is arguing that one filibuster is OK. His problem is that several Bush nominees have been filibustered. This position completely undercuts Frist's argument that judicial filibusters are unconstitutional. (Which is, in turn, the justification for the nuclear option.) If judicial filibusters are unconstitutional there is no freebee. But Frist digs his hole even deeper:

The issue is not cloture votes per se, it's the partisan, leadership-led use of cloture votes to kill - to defeat - to assassinate these nominees. That's the difference. Cloture has been used in the past on this floor to postpone, to get more info, to ask further questions.

When Frist voted to filibuster Paez's nomination it had been pending for four years. It's hard to believe he couldn't get all the info he needed or ask all the questions he had during that time. Make no mistake about it: Bill Frist was trying to kill the Paez nomination. A press release issued the following day by former Sen. Bob Smith, who organized the filibuster effort, read "Smith Leads Effort to Block Activist Judges." All the details about Frist's hypocrisy here.

Permalink Categories: Judges   English (US)

Going Nuclear


Well this is going to be a living post, I will post more as we know more, but the Senate has opened debate on Owen, who according to

  • Justice Owen's judicial activism and staunchly conservative positions on civil rights all but preclude her ability to be a fair and impartial circuit court judge.
  • ustice Owen's past opinions dealing with civil rights attempted to significantly narrow if not completely alter existing legislation.
  • Historically, Justice Owen has favored protection of businesses over the rights of consumers and workers.
  • Justice Owen has exhibited judicial activism by attempting to rewrite settled law to create barriers not contained in the statutory language.

There us a lot of info out there on her, she is so far to the right that Alberto said she was a Judicial Activist, and he is way right.

Update: Allen Just spoke, and Patrick Leahy is speaking now (39 mins), he is speaking of the facts that many non-partisans say this is a clear rule break.


Reid to Frist, Shit or Get Off the Pot.


I must say, you can tell what state Senator Reid is from (Nevada). He has basically gone "all in" and placed the cards on the table. Betting Frist does not have the votes to destroy the Senate with his nuclear option.

Harry Reid released a statement...

I still consider this confrontation entirely unnecessary and irresponsible. The White House manufactured this crisis. Since Bush took office, the Senate confirmed 208 of his judicial nominations and turned back only 10, a 95% confirmation rate. Instead of accepting that success and avoiding further divisiveness and partisanship in Washington, the President chose to pick fights instead of judges by resubmitting the names of the rejected nominees.

This fight is not about seven radical nominees; it's about clearing the way for a Supreme Court nominee who only needs 51 votes, instead of 60 votes. They want a Clarence Thomas, not a Sandra Day O'Connor or Anthony Kennedy or David Souter. George Bush wants to turn the Senate into a second House of Representatives, a rubberstamp for his right wing agenda and radical judges. That's not how America works.

I suggest that Senator Frist introduce his proposal as a resolution. If he does, we commit to moving it through the Rules Committee expeditiously and allow for a vote on the floor. It takes 67 votes to change the rules. If Senator Frist can't achieve 67 votes, then clearly the nuclear option is not in the best interest of the Senate or the nation.

Either of these options offers a path away from the precipice of the nuclear option. But if neither of these options is acceptable to you, let's vote.

Senator, I sure hope you are right, I suspect that he does not have the votes, if he did he would have pulled the trigger as soon as he thought he had the votes...


Permalink Categories: Right Wing, Judges   English (US)

Did you know about S-520 Constitution Restoration Act of 2005


Some of the more right wing extremist in the Senate, Sen. Brownback, and his cohorts have introduced a bill that will allow them to crush any judge that they do not agree with. This short bill, titled "Constitution Restoration Act of 2005"

You can read it here, it is very short...


In interpreting and applying the Constitution of the United States, a court of the United States may not rely upon any constitution, law, administrative rule, Executive order, directive, policy, judicial decision, or any other action of any foreign state or international organization or agency, other than English constitutional and common law up to the time of the adoption of the Constitution of the United States.


To the extent that a justice of the Supreme Court of the United States or any judge of any Federal court engages in any activity that exceeds the jurisdiction of the court of that justice or judge, as the case may be, by reason of section 1260 or 1370 of title 28, United States Code, as added by this Act, engaging in that activity shall be deemed to constitute the commission of--

(1) an offense for which the judge may be removed upon impeachment and conviction; and

(2) a breach of the standard of good behavior required by article III, section 1 of the Constitution.


Permalink Categories: Crazy Evangelicals, Judges   English (US)

What are you wearing for "Justice Sunday"?


Maybe you live in a bubble, but today is Justice Sunday, right now all over the nation the most unchristian of Christians are gathering to discuss how to destroy the United States as we know it, and install a theocracy, where only like minded Christians get a fair trial, not based on the laws of the United States, but based on the outrages misrepresentation of the teachings of the bible. Damn the laws of the United States.

So I want to offer a bible verse for the whack-jobs, now I know they pick and choose, but I will try anyway.

Matthew 22:21 "They say unto him, Caesar's. Then saith he unto them, Render therefore unto Caesar the things which are Caesar's; and unto God the things that are God's."

Here is a great Op/Ed Columnist Frank Rich, NY Times

The fraudulence of "Justice Sunday" begins but does not end with its sham claims to solidarity with the civil rights movement of that era. "The filibuster was once abused to protect racial bias," says the flier for tonight's show, "and now it is being used against people of faith." In truth, Bush judicial nominees have been approved in exactly the same numbers as were Clinton second-term nominees. Of the 13 federal appeals courts, 10 already have a majority of Republican appointees. So does the Supreme Court. It's a lie to argue, as Tom DeLay did last week, that such a judiciary is the "left's last legislative body," and that Justice Anthony Kennedy, a Reagan appointee, is the poster child for "outrageous" judicial overreach. Our courts are as highly populated by Republicans as the other two branches of government.

The "Justice Sunday" mob is also lying when it claims to despise activist judges as a matter of principle. Only weeks ago it was desperately seeking activist judges who might intervene in the Terri Schiavo case as boldly as Scalia & Co. had in Bush v. Gore. The real "Justice Sunday" agenda lies elsewhere. As Bill Maher summed it up for Jay Leno on the "Tonight" show last week: " 'Activist judges' is a code word for gay." The judges being verbally tarred and feathered are those who have decriminalized gay sex (in a Supreme Court decision written by Justice Kennedy) as they once did abortion and who countenance marriage rights for same-sex couples. This is the animus that dares not speak its name tonight. To paraphrase the "Justice Sunday" flier, now it's the anti-filibuster campaign that is being abused to protect bias, this time against gay people.

Anyone who doesn't get with this program, starting with all Democrats, is damned as a bigoted enemy of "people of faith." But "people of faith," as used by the event's organizers, is another duplicitous locution; it's a code word for only one specific and exclusionary brand of Christianity. The trade organization representing tonight's presenters, National Religious Broadcasters, requires its members to "sign a distinctly evangelical statement of faith that would probably exclude most Catholics and certainly all Jewish, Muslim or Buddhist programmers," according to the magazine Broadcasting & Cable. The only major religious leader involved with "Justice Sunday," R. Albert Mohler Jr. of the Southern Baptist Theological Seminary, has not only called the papacy a "false and unbiblical office" but also told Terry Gross on NPR two years ago that "any belief system" leading "away from the cross of Christ and toward another way of ultimate meaning, is, indeed, wicked and evil."

This think is worth a read, take the time and do it. We must protect the core of this great nation, and these people want nothing more than to establish a Christian Iran


Permalink Categories: Crazy Evangelicals, Judges   English (US)

Make them quit, so we can appoint more.


Well the true nature of the whack-job's campaign against judges is starting to show it's hand. This is not about getting 10 way out there judges appointed, not the issue at all. The real campaign is to get those on the bench off, so they can appoint even more.

In the scheme of things, 10 judges that are as extreme as the ones in question right now, will have little effect on the over all courts. But, make life a living hell for the ones that have a job, and they will retire. Guess who gets to fill the positions? Bush! And while 10 is nothing, 58, not that is a great number.

Read this from the LA Times.

WASHINGTON - Evangelical Christian leaders, who have been working closely with senior Republican lawmakers to place conservative judges in the federal courts, have also been exploring ways to punish sitting jurists and even entire courts viewed as hostile to their cause.

An audio recording obtained by the Los Angeles Times features two of the nation's most influential evangelical leaders, at a private conference with supporters, laying out strategies to rein in judges, such as stripping funding from their courts in an effort to hinder their work.

The discussion took place during a Washington conference last month that included addresses by House Majority Leader Tom DeLay and Senate Majority Leader Bill Frist, who discussed efforts to bring a more conservative cast to the courts.

Frist and DeLay have not publicly endorsed the evangelical groups' proposed actions. But the taped discussion among evangelical leaders provides a glimpse of the road map they are drafting as they work with congressional Republicans to achieve a judiciary that sides with them on abortion, same-sex marriage and other elements of their agenda.

"There's more than one way to skin a cat, and there's more than one way to take a black robe off the bench," said Tony Perkins, president of the conservative Family Research Council, according to an audiotape of a March 17 session. The tape was provided to The Times by the advocacy group Americans United for Separation of Church and State.


Permalink Categories: Crazy Evangelicals, Judges   English (US)

Don't be Fool, these are not People of Faith


Great Op Ed from the Washington Post.

SENATE MAJORITY Leader Bill Frist (R-Tenn.) plans to participate next weekend in a telecast sponsored by a conservative interest group that seeks to end the use of filibusters for judicial nominations. The Family Research Council bills what it terms "Justice Sunday" as "a live simulcast to engage values voters in the all-important issue of reining in our out-of-control courts." The group claims that President Bush's judicial nominees "are being blocked because they are people of faith and moral conviction" and says, "We must stop this unprecedented filibuster of people of faith."

Mr. Frist said, "We must stop this unprecedented filibuster of people of faith." lets look at some of these people...

Here is a proile of 3 of them, you can see onfo about all of them at

William G. Myers III,
Nominee to the U.S. Court of Appeals for the Ninth Circuit

  • Myers has shown an alarming insensitivity toward Native American heritage and traditions
  • Myers has advocated a limited view of Congress' Commerce Clause power, a position that has far-reaching implications.
  • Myers has argued for invalidation of environmental and governmental regulations.
  • Has never been a judge and spent most of his career as a lobbyist for the cattle and mining industry.
  • He has written that all habitat conservation laws are unconstitutional because they interfere with potential profit.

Sound like a man of faith to you?

Judge Terrence Boyle

The National Partnership for Women & Families strongly opposes the nomination of Judge Terrence Boyle to the U.S. Court of Appeals for the Fourth Circuit. During his twenty year tenure on the trial court bench, Judge Boyle has handled more than 10,000 cases, the vast majority of which are unpublished and unavailable for review. What we do know about Judge Boyle's record, however, is cause for alarm. With a disproportionately high reversal rate, his analyses and interpretations of the law too often have been flawed and incorrect, frequently harming individual plaintiffs seeking to vindicate their rights.

This guy hates people, everytime he sides with just about anything except people, sound like a man of faith to you?

William Pryor
Nominee to the U.S. Court of Appeals

This guy is one of the best. You may recall this guy was removed from the bench because he refused to comply with a COURT ORDER, that is the level of contempt he has for the law.

  • Mr. Pryor has sought to limit federal legislation that protects our civil and constitutional rights as an architect of the "state's rights" movement.
  • Mr. Pryor has urged restrictions on federal authority with respect to individual and other rights that were much more severe than the Supreme Court?s final rulings.
  • Mr. Pryor urged Congress to consider eliminating a key provision of the Voting Rights Act.
  • Mr. Pryor criticized the Supreme Court?s decision in United States v. Virginia, in which it held unconstitutional the denial of admission to women by the Virginia Military Institute, a public university.
  • Mr. Pryor has been a vocal opponent of the rights of criminal defendants, even to the point of supporting what is declared to be cruel and unusual punishment.
  • Mr. Pryor has demonstrated hostility to the rights of gays and lesbians.

If you are at all a reader of the Bible, you would see that these guys are "people of faith" in name only. They hate people, love profit. They seek to deny rights to people, and have openly advocated for bigotry, and hate.

Matthew 22:39 And the second is like unto it, Thou shalt love thy neighbour as thyself.
Luke 6:31 And as ye would that men should do to you, do ye also to them likewise.

I could go on.


Permalink Categories: Tom DeLay, Right Wing, Judges   English (US)

Republicans Ratchet up the Anti-Judge Rhetoric


Brought up at

From the AP

WASHINGTON (AP) -- Senate Republicans are moving to put some muscle behind their pitch to eliminate judicial filibusters after watching liberals push out TV ads against them in anticipation of a showdown over who sits on federal appeals courts.

"They're ahead of the power curve," Sen. John Thune, R-S.D., said of the orchestrated effort by Democrats and groups such as and People for the American Way. "I think you'll see a greater, stepped-up message on part of the Republicans, to go on offense on this issues."

(By the way, that's the same John Thune who was elected with the help of male prostitute Jeff Gannon.)

We do have to ask, in the current climate, what do "aggressive" and "muscle" mean to the GOP?

Is it more violence provoking language from DeLay and Cornyn?

Setting up Mass Impeachments?

Invoking Stalinist solutions?

Making the Senate a theocracy?

Life in Bush's America

Sadly, November of 2000 put this great nation on a track of destruction. Four years later the fundamentalist whack-jobs used fear and a tangle of lies to scare people into voting for this nut bag again.

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