Category: Judges

New York, again!

Another example of what leftism does to formerly great cities

A heroin addict with nearly 20 arrests to his name allegedly dragged a cop along a busy Bronx street while fleeing a traffic stop, forcing another lawman to shoot him — and a jury just handed him an $11 million payday, The Post has learned.

Raoul Lopez took the city to court over the harrowing 2006 run-in that left him partially paralyzed on his right side, and was awarded the eight-figure sum by a Bronx jury Tuesday.

Lopez, 27 when the encounter happened, was in the midst of “a two-week-long bender” and had just scored his latest fix on Feb. 1, 2006, when he rolled through a stop sign at East 169th Street and Grand Concourse, a city lawyer wrote in papers filed in the Bronx Supreme Court case.

Sgt. Philippe Blanchard and Officer Zinos Konstantinides pulled Lopez’s Honda to a stop shortly before noon and ordered him to kill the engine, but he refused to comply, according to the filings.

Instead, when Konstantinides reached inside the car to make a grab at the keys, Lopez hit the gas, dragging the cop into traffic along bustling Grand Concourse, the documents said.

Fearing “that his partner would be maimed or killed if he did not take immediate, forceful action,” Blanchard fired a single shot, striking Lopez in the neck, the city wrote in the papers.

There are no words

Can you smell the judicial activism?

Another judge overstepping their role

One of President Donald Trump’s health-care initiatives intended as a cheaper alternative to Obamacare suffered a crucial defeat when a judge ruled the policy violates the Affordable Care Act.

U.S. District Judge John Bates in Washington on Thursday blocked new rules governing so-called association health plans, or AHPs, which let businesses and individuals band together to create group health plans that offer less expensive coverage than the ACA — but without some of its protections.

Exactly how does this help people get “more affordable” coverage? It doesn’t of course. It tramples liberty, and that is about all.

GREAT NEWS! Judge gives slap on the wrist to violent Antifa thug

Via Moonbattery

Readers may recall that Clanton, a former college professor, attacked people at a Trump rally in Berkeley with a metal bike lock, causing significant injuries. Using public violence as a political intimidation tactic is classic Antifa. He was caught on video. One of his victims required five staples to close up head lacerations.

Now we learn his punishment.

Having been charged with four felony counts of assault with a deadly weapon causing great bodily injury (although he actually struck at least seven people in the head), Clanton pleaded no contest to a misdemeanor battery charge in Alameda County Superior Court.

The felony charges against him were dismissed, and an allegation that he had caused serious bodily injury was stricken. A misdemeanor charge that Clanton wore a mask during the commission of the crime also was dropped.

Shockingly, he was let off with 3 years of probation.

Clanton doesn’t just act like an Antifa goon. He is one:

Police wrote that they had found evidence last year during a search of Clanton’s home in San Leandro linking him to “Anti-Fascists and Anarchy political groups,” according to court papers. He was not home when police arrived, so officers moved to a second address in West Oakland where they said they found flags, patches and pamphlets “associating Clanton” with antifa and anarchist groups.

Police also found selfies of Clanton dressed up in his sinister Black Bloc costume. He even has an “Iron Front” Antifa tattoo on his arm.

Good Freaking Grief

Alan Dershowitz nails judicial tyranny

I mean he hits this out of the park!

Via Mediaite:

Alan Dershowitz said on Fox News this morning that because court rulings against President Trump‘s travel ban are bringing up his own past rhetoric, the argument is basically, “If Obama had issued the very same order with the same words it would be constitutional, but if Trump issues it it’s unconstitutional.”

Here is the video

Judicial Tyranny on display

Judge Derrick Watson put a hold on President Trump’s new travel ban, which is, by law a power every president holds. But, Judge Watson decided that rule of law, and the separation of powers are silly things when compared to his feelings. After all, this is the age of feelings, so things like laws should not be allowed to interfere with Judge Watson delicate feelings. Mollie Hemingway at The Federalist lays out a lengthy and sound refutation of Judge Watson, abuse of power. Here is a sample

Trump said the temporary travel restriction was needed for national security. In issuing his temporary restraining order, Watson said Trump’s order was a result of nothing more than religious animus against Muslims. The judge’s order is predicated on what he thinks Trump wants to do, not the order itself.

Throughout the ruling, Judge Watson concedes there’s nothing about the executive order that would be problematic if not for his interpretation of Trump’s statements made in the months and years prior to issuing it. He repeatedly states his feeling that Trump had a bad motive in issuing the order.

Judges using campaign rhetoric to infer intent instead of plainly evaluating the law as written is a dangerous development. Also because the public can witness the selective use of this trick, it undermines confidence in the judiciary at a time when the judiciary can’t afford too much erosion of trust.

So, here we are. Any judge can abuse his authority to block executive orders, or maybe even legislation, not based on concerns over the constitutionality of those laws or EOs but based upon the judges suppositions. If the judge supposes, that the intent of the law or EO might not be altruistic enough, them that judge can simply wave their magic Wand of Feelings and poof, it is blocked? Oh Hell no! That is not the role of the judiciary. Hemingway looks at where this could lead

Imagine, for instance, if judges ruled that the Obama-era Health and Human Services mandate forcing nuns to pay for birth control and abortifacients against their religious will was motivated by President Barack Obama’s religious animus, since he had made derogatory comments during his campaign about people bitterly clinging to God. Judges have ruled against powerful mandates such as that one for much better reasons than a parsing of Obama’s campaign rhetoric or political speeches.

Or remember when the Supreme Court saved Obamacare by ruling it constitutional because the individual mandate — the penalty people had to pay for not buying health insurance — could be considered a tax? They ruled that way despite the fact that President Obama repeatedly maintained that the mandate was not a tax.

Again, not the constitutional role of judges, not at all. Over The Right Scoop, Mark Levin’s thought on this are very clear, and stresses an excellent point about the judicial branch’s power grab

The fact is this man has no business being a judge. He has no respect for our laws or constitution, and should be removed from his office immediately!

The Six Things Donald Trump MUST Do As President

APPOINT AN ATTORNEY GENERAL WHO WILL PROSECUTE HILLARY CLINTON
Hillary Clinton represents everything that is wrong with the American political class. She epitomizes establishment corruption and wanton criminality, and to ignore her blatantly felonious behavior is to condone it.

REPEAL & REPLACE OBAMACARE
Of all the ruinous policies enacted by the previous administration, none is so egregious and universally despised as The Affordable Care Act. It must be eradicated like the cancer that it is and replaced with a free-market-based alternative as soon as humanly possible.

BUILD THE WALL
This is the primary reason why Donald Trump was elected president, make no mistake about it, and while its construction will not, in and of itself, put an end to illegal immigration, it will symbolize a seriousness of intent with respect to border security that has been sorely lacking in our government for decades.

APPOINT ORIGINALISTS TO THE FEDERAL JUDICIARY
When it comes to our nation’s highest courts, there are essentially two types of judges who oversee them, originalists and activists. Activistic judges believe that our Constitution is a “living, breathing” document that they are free to modify from the bench at any time and for any reason they concoct. As for originalist judges, I think Justice Antonin Scalia put it best when he said: “Our manner of interpreting the Constitution is to begin with the text, and to give that text the meaning that it bore when it was adopted by the people.”

SLASH TAXES ON BUSINESS & RENEGOTIATE INTERNATIONAL TRADE DEALS
Reinvigorating the U.S. economy cannot occur without radically reducing taxes on the companies which make up its foundation. Business taxes amount to taxes on all Americans – be they CEOs, employees, stockholders or consumers – and trillions of dollars have been lost to our economy over the years due to government’s insistence on inflicting punitive taxation upon our nation’s most productive citizens. Adding insult to injury, pro-globalist trade policies like NAFTA have served to accelerate the decline of America’s economic vitality, and any attempts to reverse the trends of the past few decades without addressing these key points will prove futile.

DRASTICALLY CUT GOVERNMENT SPENDING & REGULATION
Cutting government spending begins with downsizing the bureaucracies infesting it. This can be done through attrition, which simply means not hiring new federal employees to replace the ones who retire for an extended period of time. Beyond that, there are scores of agencies which should be eliminated entirely, like the departments of Agriculture, Commerce, Labor, Housing & Urban Development, and the EPA for starters. Furthermore, federal regulations have become so pervasive that reducing their number by 50 percent would still leave the Federal Register with nearly 100,000 pages of growth-killing rules. Yes, certain regulatory powers must be exercised in order to stop bad people from doing harm to the rest of us, but when nanny-state know-it-alls in Washington DC decide to start telling the rest of us how much water we can use to flush our toilets or what sort of bulbs we can screw into our light fixtures, they’ve engaged in the sort of conduct that our founding fathers would have taken up arms to oppose.

By Edward L. Daley

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Chief Disgrace John Roberts: Gutless Miscreant

Of all the Weasels, Roberts to me is the most contemptible. He simply sold America out

Via The Right Scoop

From the Wall Street Journal:

This week’s leaks show Hillary Clinton ally Neera Tanden laying out a strategy to intimidate the Supreme Court to uphold ObamaCare.

Ms. Tanden runs the Center for American Progress, the think tank that is essentially an arm of the Clinton campaign. CAP’s former chief, John Podesta, is now the Clinton campaign chairman, and on June 2, 2015 Ms. Tanden sent an email to Jake Sullivan, a key Clinton aide, copying Mr. Podesta and Jennifer Palmieri, another campaign operative.

…Ms. Tanden wrote that, “As Jennifer will remember, it was pretty critical that the President threw the gauntlet down last time on the Court, warning them in the first case that it would politicize the role of the Court for them to rule against the ACA. As a close reader of the case, I honestly believe that was vital to scaring Roberts off.”

“I’m not arguing that Hillary spend a lot of time attacking the Court,” she writes. “I do think it would be very helpful to all of our interest in a decision affirming the law, for [Chief Justice] Roberts and perhaps [Justice Anthony] Kennedy to see negative political consequences to ruling against the government. Therefore, I think it would be helpful to have a story of how progressives and Hillary would make the Supreme Court an election issue (which would be a ready argument for liberals) if the Court rules against the government.”

I heard some defend Roberts as just trying to “keep the court” perceived as non-political. I thought that odd since in doing so, he would have in fact done the exact opposite. More importantly though, Roberts forgot his duty, and offered an opinion he KNEW was unconstitutional. In short he sold his country out. He is nothing but a traitorous coward in my view. He is worse than the Left. He knew what was right and did the opposite.