Archive for the ‘Supreme Court’ Category

26
Jun
D.C. Handgun Ban Is No More
by Buck

Because it just wouldn’t be right or fair to care more for people’s lives, in general, than it would be to cater to a handful of nuts who think that the only opinion that matters is theirs.

Supreme Court strikes down D.C. handgun ban

WASHINGTON (AP) — The Supreme Court says Americans have a right to own guns for self-defense and hunting, the justices’ first definitive pronouncement on gun rights in U.S. history.


3 CommentsEmail PostToggle Meta • 10:32 am
25
Jun
A Great Injustice?
by Buck

I really don’t know how to feel about this one. These people have had to wait all this time for justice to be rendered. And when it came, it came with a pretty harsh slap.

I have to say I’m a little on the fence with this one. Someone close to me works in trucking insurance. In case after case, it seems the common theme is that it doesn’t really matter who is at fault, it’s who has the deeper pockets. And that usually proves to be the trucking company. And that infuriates me! We often hear how the big, bad truck driver, driving that rally big, un-safe truck, jack-knifed and caused all the damage. In truth, it’s usually an irresponsible motorist in his “4-wheeler” that started the disastrous chain of events.

We know beyond a shadow of a doubt that Exxon is guilty of this crime. And Exxon should pay. But $2.5 billion? Reducing that amount to $507.5 million just seems more rational. It’s sad these people have been put on hold for so many years. But by going for such a large judgment, they may have shot their own selves in the foot.

If we are to learn anything from this case it’s that large companies such as Exxon can not be trusted with their word when they say they will do everything in their power to not bring harm onto the environment. THEY WILL! They make mistakes. And they know how to “work” the American justice system. We must work hard and continue to refuse access to environmentally-sensitive areas to Exxon and all other large oil corporations.

Exxon Valdez $2.5 billion oil spill ruling overturned

WASHINGTON (Reuters) - The U.S. Supreme Court on Wednesday threw out the record $2.5 billion in punitive damages that Exxon Mobil Corp had been ordered to pay for the 1989 Exxon Valdez oil spill off Alaska, the nation’s worst tanker spill.

By a 5-3 vote, the high court ruled that the punitive damages award should be slashed — limited by the circumstances of the case to an amount equal to the total relevant compensatory damages of $507.5 million. [...]

In the majority opinion, Justice David Souter concluded the $2.5 billion in punitive damages was excessive under federal maritime law, and should be cut to the amount of actual harm.

And now, the pisser:

Soaring oil prices have propelled Exxon Mobil to previously unforeseen levels of profitability in recent years; the company posted earnings of $40.6 billion in 2007.

It took Exxon Mobil just under two days to bring in $2.5 billion in revenue during the first quarter of 2007.


3 CommentsEmail PostToggle Meta • 3:31 pm
23
Jun
Sweet Irony
by Buck

How fitting. Makes it almost worth the trouble. Almost.

BlueHerald Image

(Apologies for the image quality. I scanned it from a crumpled newspaper.)

Tags: none
Filed: Bush, Cartoons, Humor, Supreme Court

1 CommentEmail PostToggle Meta • 11:05 am
14
Jun
Do You Know Your History?
by Buck

For what is the following quote attributed to?

“I think it’s one of the worst decisions in history. It opens up a whole new chapter and interpretation of our constitution.”

Is it:

  • Women’s suffrage?
  • The Fifteenth Amendment?
  • Roe v. Wade?

Nope - It’s none of the above.

McCain slams Supreme Court on terrorist detainees

WASHINGTON (AP) — Republican presidential candidate John McCain on Friday sharply denounced a Supreme Court decision that gave suspected terrorist detainees a right to seek their release in federal courts.

“I think it’s one of the worst decisions in history,” McCain said. “It opens up a whole new chapter and interpretation of our constitution.”

McCain is one of the authors of the 2006 Military Commissions Act which set up procedures for the handling of detainees. The act denied the detainees access to federal courts.

The Supreme Court on Thursday said that provision of the law violated the constitution.

Each of the cases listed above do have something in common though - disgruntled republicans. Food for thought.


1 CommentEmail PostToggle Meta • 8:56 am
12
Jun
Getting Justice
by Buck

It actually boils down to that half-full/half-empty glass of water argument. Should the laws we prize so much be held captive, constrained (by, of all people, us) within our boundaries?

I find it ironic that, as much as republicans want to force democracy onto everyone around the globe, even at gun-point, how and why would they find our laws embarrassing?

Makes no sense at all. Makes one question their motives.

High Court sides with Guantanamo detainees again

WASHINGTON (AP) — The Supreme Court ruled Thursday that foreign terrorism suspects held at Guantanamo Bay have rights under the Constitution to challenge their detention in U.S. civilian courts.

In its third rebuke of the Bush administration’s treatment of prisoners, the court ruled 5-4 that the government is violating the rights of prisoners being held indefinitely and without charges at the U.S. naval base in Cuba. The court’s liberal justices were in the majority.

Justice Anthony Kennedy, writing for the court, said, “The laws and Constitution are designed to survive, and remain in force, in extraordinary times.”

And from the bullshit pulpit:

In dissent, Chief Justice John Roberts criticized his colleagues for striking down what he called “the most generous set of procedural protections ever afforded aliens detained by this country as enemy combatants.”

Justices Samuel Alito, Antonin Scalia and Clarence Thomas also dissented.

Scalia said the nation is “at war with radical Islamists” and that the court’s decision “will make the war harder on us. It will almost certainly cause more Americans to be killed.”


4 CommentsEmail PostToggle Meta • 11:24 am
28
Apr
Dark Day For Justice - II
by Buck

Instead of appending/updating an older post, I opted to give the following it’s own deserving spot.

Washington Monthly commenter, Sparko, has a few things to say about the recent Supreme Court photo ID decision:

I call into question every previous election before the invention of photography then. I say we make the supreme court an elected office. They answer not to the people. They are nothing better than a clique of despots and idiots. They have no sense of justice and have become political appointees–nothing more. The most important Constitutional reform, after the abortion that was Bush V. Gore, is a complete overhaul of the Supreme Court. It took one moronic court to undermine our whole government. When they became political, they ended the republic.

We really have much freedom left for a fascist country. In due course, I would expect that one will only be able to vote with an approved party ID. I grew up thinking conservatives hated this type of government intervention; that they believed in the freedom of the individual; that they believed in less government and trusted in the people. I was so wrong. Just because George Will speaks lovingly about baseball doesn’t mean he won’t fire a fastball at your head an steal your wallet. We have now, clearly, the worst performance of all three branches of government in American history. When the corporations set up the shell of a propaganda media, they created a shield under which America was overtaken by cancer. Many problems are eroding our very existence as a nation. But Hillary can take another blue-collar shot of Crown Royal, and all is forgotten. What a nightmare since December 2000.

Could not have said it better myself!


Leave a ReplyEmail PostToggle Meta • 11:42 pm
28
Apr
Dark Day For Justice
by Buck

People are worried that a McCain presidency will move the SCOTUS too far to the right. I think it’s already there.

Supreme Court says states can demand photo ID for voting. From the lead opinion:

It remains true, however, that flagrant examples of such fraud in other parts of the country have been documented throughout this Nation’s history by respected historians and journalists, that occasional examples have surfaced in recent years, and that Indiana’s own experience with fraudulent voting in the 2003 Democratic primary for East Chicago Mayor - though perpetrated using absentee ballots and not in-person fraud - demonstrate that not only is the risk of voter fraud real but that it could affect the outcome of a close election.

-Supreme Court Justice, John Paul Stevens

What Justice Stevens is saying here is that the only two cases of fraud mentioned during the course of the hearing had nothing to do with “in-person” voting.

From Balloon-Juice commenter, Davis X. Machina:

What happened to strict scrutiny?

Is there a compelling state interest?
Is the measure narrowly tailored to address only the harm?
Is this the least restrictive means to address the harm?

It was my understanding that if you don-t clear hurdle #1, you don-t even get to propose the measure.

There is absolutely NO REASON for the Supreme Court to rule the way it did except:

We all know why this is: it’s because, as Common Cause reminds us, restricting in-person voting tends to reduce turnout among minorities, the elderly, voters with disabilities, the poor, and the young - all of which, though CC is too polite to mention it, tend to vote Democratic. Absentee voters, by contrast, tend to vote Republican.


3 CommentsEmail PostToggle Meta • 6:04 pm
25
Apr
Scalia: Get Over It
by Buck

Today’s bald-faced lie:

Supreme Court Justice Antonin Scalia lays the blame for the 2000 Florida recount fiasco on Al Gore, claiming Gore said, “I want this to be decided by the courts.

The fact is, it was Bush’s legal team that was first to go into federal court to try to block by-hand recounts in some Florida counties.

Scalia also states that he is conservative, but not biased. By all rights, the man’s nose should be ten-foot long.

Tags: , , , , ,
Filed: Lying Liars, Supreme Court

1 CommentEmail PostToggle Meta • 8:22 am
16
Apr
SCOTUS: Leathal Injection A-OK!
by Buck

Surprise, surprise! Bush’s conservative Supreme Court is pro-pain, pro-death. I guess we now know how they feel on the issue of torture.

Supreme Court Allows Lethal Injection for Execution

WASHINGTON - The Supreme Court on Wednesday upheld Kentucky’s method of putting criminals to death by lethal injection, not only clearing the way for Kentucky to resume executions but ending an unofficial moratorium in the 35 other states that have the death penalty.

However, Justice John Paul Stevens, while concurring reluctantly with the judgment of the court, wrote that he now believed capital punishment itself is unconstitutional, and that Wednesday’s ruling might serve to reignite the debate over whether it should exist in the United States.

By 7 to 2, the court rejected challenges to the Kentucky execution procedure brought by two death-row inmates, holding that they had failed to show that the risks of pain from mistakes in an otherwise “humane lethal execution protocol” amounted to cruel and unusual punishment, which is banned by the Constitution.


2 CommentsEmail PostToggle Meta • 7:31 pm
28
Feb
A Glaring Example Of What’s Wrong With Our Country
by Buck

You put a handful of people on a bench, most of whom clearly partial, influenced, biased towards big money and big business, and JUSTICE takes a big fucking leap right out the damn window!

At the High Court, Damage Control

Exxon Mobil, the giant oil corporation appearing before the Supreme Court yesterday, had earned a profit of nearly $40 billion in 2006, the largest ever reported by a U.S. company — but that’s not what bothered Roberts. What bothered the chief justice was that Exxon was being ordered to pay $2.5 billion — roughly three weeks’ worth of profits — for destroying a long swath of the Alaska coastline in the largest oil spill in American history.

“So what can a corporation do to protect itself against punitive-damages awards such as this?” Roberts asked in court.

The lawyer arguing for the Alaska fishermen affected by the spill, Jeffrey Fisher, had an idea. “Well,” he said, “it can hire fit and competent people.”

The rare sound of laughter rippled through the august chamber. The chief justice did not look amused.

Of course Roberts was upset by the comment. Fisher took a well deserved swipe at some of his buddies. Maybe not actual buddies, but buddies none the less.

The people of Alaska, those affected by the 1989 tragedy, haven’t gotten justice from the oil giant. And seeing as how the United States Supreme Court is now made up of mainly conservative, pro-business, golf course buddies to America’s elite, they never will.


5 CommentsEmail PostToggle Meta • 10:49 am
25
Feb
2 Years, 142 Cases……Not a Word
by QuestionGirl

Impeach…..

Two years and 142 cases have passed since Supreme Court Justice Clarence Thomas last spoke up at oral arguments. It is a period of unbroken silence that contrasts with the rest of the court’s unceasing inquiries.

Supreme Court Justice Clarence Thomas says he’d like to be known as the “listening justice.”

Hardly a case goes by without eight justices peppering lawyers with questions. Oral arguments offer justices the chance to resolve nagging doubts about a case, probe its weaknesses or make a point to their colleagues.

Left, right and center, the justices ask and they ask and they ask. Sometimes they debate each other, leaving the lawyer at the podium helpless to jump in. “I think you’re handling these questions very well,” Chief Justice John Roberts quipped to a lawyer recently in the midst of one such exchange.

Leaning back in his leather chair, often looking up at the ceiling, Thomas takes it all in, but he never joins in.

More at CNN


1 CommentEmail PostToggle Meta • 8:56 am
07
Jan
GOP: The ‘Pro-Pain’ Party
by Buck

Their stand on torture should have been a giveaway.

Baze v. Rees, 07-5439

Justices Divided Over Lethal Injections

WASHINGTON (AP) — The Supreme Court appeared divided Monday over whether the drugs commonly injected to execute prisoners risk causing excruciating pain in violation of the Constitution.

Several justices indicated a willingness to preserve the three-drug cocktail that is authorized by three dozen states that allow executions. Such a decision would allow lethal injections, on hold since late September, to resume quickly.
[...]

Recent executions in Florida and Ohio took much longer than usual, with strong indications that the prisoners suffered severe pain in the process. Workers had trouble inserting the IV lines that are used to deliver the drugs.

Scalia, Roberts and Alito have no problem lavishing last-minute pain onto prisoners. Big surprise! Republicans are the pro-torture party, after all. An even bigger surprise… the Bush administration agrees!

(Please feel free to close your mouths now)


1 CommentEmail PostToggle Meta • 8:59 pm
03
Jan
Supreme Court Justice Bill Clinton?
by Buck

A possibility? According to Douglas Kmiec, of Pepperdine Law School, “The former president would be intrigued by court service and many would cheer him on.”

Bill Clinton
Would President Hillary name Bill to the Supreme Court?

“That provocative possibility has long been whispered in legal and political circles ever since Sen. Hillary Clinton became a viable candidate for the Democratic presidential nomination.”

Bill Clinton would make a great anything, in my book. He certainly has as much, if not more, integrity than the “we promise not to challenge precedent” Bush appointees. But I can’t imagine this would be something Bill would like to do. As am matter of fact, I see it more as a political ploy to get more folks out to vote… republican! CNN commenter to this article, “Son of Frank”, writes:

Consider the source of this “news”. Perperdine University. Neo-Conservative westcoast Republican institution for the perpetuation of self-interested, self- centered, self’serving and selfish young Republican wannabees.

Only a Perperdine type law professor would come up with this kind of sound bite “babble” to shock and awe” fear into the little blackhole souls of neo-cons in a crafty attempt to scare them away from the idea of having a capable, compassionate, inteligent, forward thinking, “peace and prosperity” candidate like Hillary Clinton in the whitehouse.

Hillary and Bil, the more the neo-cons spit their venom at you the more sure I am that it’s time for another Clinton at the top of the executive branch!!!!!!!

(typos ignored)

Pretty much sums it all up.


9 CommentsEmail PostToggle Meta • 5:10 pm
28
Nov
A Loss of Privacy Rights
by QuestionGirl

From an editorial in the New York Times:

The Constitution protects individuals against unreasonable searches, but for this protection to have practical meaning, the courts must enforce it. This week, the Supreme Court let stand a disturbing ruling out of California that allows law enforcement to barge into people’s homes without a warrant. The case has not prompted much outrage, perhaps because the people whose privacy is being invaded are welfare recipients, but it is a serious setback for the privacy rights of all Americans.

San Diego County’s district attorney has a program called Project 100% that is intended to reduce welfare fraud. Applicants for welfare benefits are visited by law enforcement agents, who show up unannounced and examine the family’s home, including the insides of cabinets and closets. Applicants who refuse to let the agents in are generally denied benefits.

The program does not meet the standards set out by the Fourth Amendment. For a search to be reasonable, there generally must be some kind of individualized suspicion of wrongdoing. These searches are done in the homes of people who have merely applied for welfare and have done nothing to arouse suspicion.

Read more »


2 CommentsEmail PostToggle Meta • 9:24 am
17
Nov
We The People…
by Buck

I am so tired of crap like this.

Rudy Giuliani
Republican presidential hopeful Rudy Giuliani addresses the Federalist Society Friday.

WASHINGTON (CNN) — Republican presidential candidate Rudy Giuliani Friday assured conservatives he will nominate Supreme Court justices they would find acceptable.

Speaking in Washington to the Federalist Society, a group of influential conservative lawyers, Giuliani said he would nominate justices in the vein of the current conservative wing of the court.

Giuliani said Chief Justice John Roberts, Justices Antonin Scalia, Clarence Thomas and Samuel Alito would be his models for future nominees if he became president.

“We’re seeking to find judges to understand the important concept that judges exist to interpret the law, not to invent the law,” Giuliani said. “We believe in the rule of law, not in the rule of judges. Our constitutional principles teach us that we have to recognize the limitations on power as a way to protect our liberties.”

We’re seeking to find judges to understand the important concept that judges exist to interpret the law, not to invent the law.

This makes no f-ing sense to me! WHERE in our laws, our Constitution, does it state that there should be different classes of people? Where does it state that a woman does not have full rights and control over her own body?

The preamble to our Constitution starts off with the three words “We the people”. Last time I checked, women and gays were people too. Kinda puts us all on an even keel, doesn’t it? WHERE can I go read that I’m wrong here? Show me where Constitutionally guaranteed rights and freedoms protect only wealthy, white assholes. Until you’re able to do that, then STFU!

Please note, “Julie-Annie”, that appointing judges that promise to take away a woman’s right to choose, that continues to force the poor and the gays down to a lower class of citizenry, is as far from what the Founding Fathers expected of this country as you can get. Rudy, you and your Federalists friends, are as un-American as anyone can get!

More on the subject: “Rudy Says He Loves Corrupt, Liberty-destroying Judges Too”


5 CommentsEmail PostToggle Meta • 11:43 am