Tag Archives: judicial activism

More partisan nonsense from a right wing judge…

Well…I really didn’t plan on writing a second day about the courts but the actions of the judges appointed by repubs have gotten to the point where someone has to say something….after Obama a went on record saying he believed that the ACA should and would be upheld and if the supreme court struck it down it would need a very good reason…and not the “broccoli” defense that Scalia put forth in oral arguments…a republican appointed appeals court judge, Jerry Smith, had the gall to demand that the justice department and by extension, Obama, explain his comments in a written response to the judge…nevermind that the president gets to express his opinion about the political ramifications of court cases….this judge doesn’t have the power to request anything from the executive branch. I just marvel at the audacity of the repubs these days who spent the last 3 years decrying the “overreach” of the courts, and then cheer when one of their own vastly oversteps his power to score political points with the fox news talking points of the day. This just shows the rot that has permeated the “modern” repub party where the traditions of the separate branches of government and the checks and balances that are outlined in the constitution are just to be ignored when they sense a political advantage can be gained….and this rot has reached all the way to the supreme court and the right wing judges who are poised to impose their warped view of justice on the American people….geez…

Scalia and the law…

Well…quite a heated discussion this morning on Justice Scalia’s latest outrageous statement that the 14th amendment that deals with equal rights doesn’t guarantee them for women or gays and lesbians since they were not mentioned by name in the amendment; only the phrase “any person’ and Scalia wants to go back to the interpretation of the time that only white males were considered “persons” in the law. This idiot is always searching for “original intent” when it suits his political ends but is so quick to discard it when his corporate masters say jump…as evidenced by the Citizens United decision where he sided with the right wing majority and granted corporations the same first amendment rights as flesh and blood citizens when corporations are not mentioned anywhere in the constitution. What is it Anty? Do you read the constitution as written or do you make it up as you go? This abject abandonment of consistency or even of following the constitution is seen best in the Bush v. Gore decision where old Anty was so quick to abandon the “states rights” mantra that he and his ilk shout from the rooftops….made even more egregious by the fact that the majority in that case knew they were making law and being the worst kind of activist judges; because they stated that the decision was a one-off and couldn’t be used for precedent in any other case….the time is coming to impeach this idiot…geez…