According to Section 455(b)(3) of Title 28 of the U.S. Code, justices must disqualify themselves in cases where they have “served in governmental employment and in such capacity participated as counsel, adviser, or material witness concerning the proceeding or expressed an opinion concerning the merits of the particular case or controversy.” In United States v. Gipson, the Tenth Circuit held that judges must recuse themselves if they have “previously taken a part, albeit small, in the investigation, preparation, or prosecution of a case.”
… This past Friday afternoon brought a new executive order from the White House. It was titled, “National Defense Resources Preparedness.” This order sent the blogosphere and conservative news followers into a terrified frenzy. I even sent out an e-mail to many on my blast list with a link to the order on the White House website, because it is an alarming thing in light of the current communist administration in Washington. Continue reading
For a very long time now our representatives neither write nor read the legislation they pass into law, nor need they. Proposals of import arrive in their hands fully formed by the real government. Those owed exceptions are excepted and those owed favors are favored, and they call it consensus. Continue reading
That seems to be the implication of United States v. Stegmeier (D.S.D. Dec. 2, 2011) (now on appeal). Stegmeier let a man named Kelley stay in his RV; Kelley was a fugitive from justice, and there was some evidence Stegmeier knew it. Stegmeier also told Kelley where Stegmeier kept his gun. When Kelley was caught, Stegmeier was prosecuted for various charges, including “dispos[ing]” a gun to “any person knowing or having reasonable cause to believe” the person is a felon, under indictment for a felony, or a fugitive from justice. Continue reading
” … At issue before the high court is whether the Sacketts have a right to have a “timely and meaningful” hearing before a court to challenge a Clean Water Act wetlands-restoration order of a federal agency. About 3,000 administrative compliance orders are issued each year by the EPA.
A federal appeals court agreed with the agency the couple’s only remedy was to go through a lengthy wetlands permit process, which the Sacketts say would cost thousands more than the property is worth. The EPA still maintains the land is a wetland, and that the couple passed up the chance to work with federal officials for an “after-the-fact” permit, which may have resolved the situation quickly and cheaply, a remedy the government says it uses often for individual homeowners…”
But in arguments, a Justice Department lawyer struggled under a verbal onslaught of skepticism from a majority of justices. After hearing Deputy Solicitor General Malcolm Stewart makes his point, Justice Antonin Scalia replied, “I’m not going to bet my house on that.”
A key sticking point was whether the homeowners’ due process rights were violated when they were prevented from getting an injunction — stopping any government enforcement until a court could hear the claims. Stewart repeatedly said the Clean Water Act blocked — or “precluded” — any judicial review of compliance orders.
“You are talking about a huge upheaval,” said Justice Stephen Breyer. “For 75 years the (federal) courts have interpreted statutes with an eye towards permitting judicial review, not the opposite. And yet you are saying that this statute precludes review, and then the second thing you say is that this isn’t final. So I read the order. It looks like about as final a thing as I have ever seen.”
via News – Home.
Levin’s verdict: Barack Obama and modern American liberals are firmly in the Utopian camp—pursuing a vision fundamentally at odds with limited government and human freedom…“I believe to a great extent we now live in a post-constitutional country, where much of the Constitution is ignored or evaded,” Levin told CNSNews.com. Mark Levin on ‘Ameritopia| CNSnews.com.
“The reality of the Sacketts’ situation is that they have been unambiguously commanded by their government not to complete their home-building project, to take expensive measures to undo the improvements that they have made to their land, and to maintain their land essentially as a public park until the property is ‘restored’ to the satisfaction of the EPA. They have been threatened with frightening penalties if they do not immediately obey; but they have been refused the prompt hearing they should have received as a matter of right in any court,” Pacific Legal argued.
“… If the Supreme Court finds that law enforcement were within the law when placing a GPS tracking device on the car of suspected drug smuggler and nightclub owner Antoine Jones, it would open the door for even more egregious violations of our privacy. This decision would essentially allow the government to monitor anyone and everyone’s movements without a warrant for any reason or no reason at all… ”
“…These new emails are bound to raise additional questions about whether Justice Kagan ought to participate in High Court deliberations on Obamacare. Certainly, if these documents were known at the time of her confirmation, there may have been quite a different Senate debate. The Obama Justice Department dumped these documents just before a holiday weekend, hoping they would go unnoticed. This slow-walking of documents out of the Obama Justice Department is scandalous and makes one wonder what other information they are sitting on,” said Judicial Watch President Tom Fitton.
Most political analysts believe that at least one more justice will retire during the next presidential term. If Obama is still in office, he will surely seat another flaming liberal like the two he has appointed during this term. That being the case, be prepared for the strictest gun control laws ever to be upheld by the Court. via Second Amendment Right to Bear and Carry Firearms Rests on 2012 | Godfather Politics.
The International Energy Agency just released their World Energy Outlook for 2011.
…Now, she is ready to spew her bilious disgust with America on the campaign trail. A dignified, transcendent first lady? No chance. Michelle is going to break with a hundred years of tradition and play the role of attack dog, heaping derision on her husband’s political opponents like no other first lady before her…
There’s no way to rule innocent men.
The only power any government has is the power to crack down on criminals. Well, when there aren’t enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws … pass the kind of laws that can neither be observed nor enforced nor objectively interpreted and you create a nation of law-breakers. Ayn Rand
(CNSNews.com) – U.S. District Judge Ellen Segal Huvelle, a Clinton appointee, has ruled that the Justice Department does not need to release emails Solicitor General Elena Kagan sent from her DOJ email account to people in the White House—in which she discussed her recusal decisions as solicitor general—because the emails were “used for a purely personal objective.”