United Liberty
  • Log in
  • Create Account
  • John Paul Stevens
    On Every Question of Construction

    A couple of items in the news lately have brought the judiciary back into the consciousness of the American public; the announced retirement of Supreme Court Justice John Paul Stevens, and the recent decision by federal judge Barbara Crabb in Wisconsin in which she ruled that the National Day of Prayer is a violation of the Establishment Clause of the U.S. Constitution. In the rulings of both justices we find an egregious disrespect for the plain meaning of the Constitution, and it is a failure of the American people to learn the Constitution that has allowed us to stray so far.

    As a nation, we have reached a point where we bestow upon the courts an unjustified level of deference to their perceived wisdom. In fact, the Founding Fathers created the judiciary to be the weakest of the three branches, vested as they are with lifetime appointments.

    Thomas Jefferson wrote (in a letter to William C. Jarvis, 1820) that “To consider the judges as the ultimate arbiters of all constitutional questions [is] a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy. Our judges are as honest as other men and not more so.” Yet today we have allowed the courts to be elevated to the level of an oligarchy, where we accept rulings that are clearly unaligned with the Constitution without so much as a whimper.

    Nicholas 26916 Kirkwood on Sandals - Women Nicholas Kirkwood Sandals online Kirkwood on YOOX United Kingdom - 11447808NX f3904e9
    Today in Liberty: Cantor unwilling to fight for Ex-Im Bank reauthorization, Obama’s 442 tax hike proposals

    “It is impossible to enumerate a priori all the rights we have; we usually go to the trouble of identifying them only when someone proposes to limit one or another. Treating rights as tangible claims that must be limited in number gets the whole concept wrong.” — David Boaz (Politics of Freedom: Taking on The Left, The Right and Threats to Our Liberties)

    — Cantor backing away from cronyism: The Hill notes that House Majority Leader Eric Cantor isn’t going to spend political capital over the reauthorization of the controversial Export-Import Bank, a government-backed entity known for rampant cronyism. (They also read websites which mention them, at least that’s what our Google Analytics reports tell us.) “Cantor…has privately told members he does not intend to get involved this time around,” The Hill reports, “a message that some see as an indication that he is wary of battling conservatives angered by a number of his recent legislative moves.” It looks like House conservatives are going to make Ex-Im reauthorization their big issue this spring, part of a push to end corporate welfare and change the narrative about the Republican Party.

    Retiring Justice stood with corporation over middle class homeowners
    Jimmy Choo Sandals - Women Jimmy Choo Sandals online on YOOX United Kingdom - 11433028BT , Rochas Open-Toe Mules - Women Rochas Open-Toe Mules online on YOOX United Kingdom - 11337753JP , Givenchy Ankle Boot - Women Givenchy Ankle Boots online on YOOX United Kingdom - 11331109VJBirkenstock Ankle Boot - Women Birkenstock Ankle Boots online on YOOX United Kingdom - 11018232DAFratelli Rossetti Loafers - Women Fratelli Rossetti Loafers online on YOOX United Kingdom - 11440627IA , Alaïa Ankle Boot - Women Alaïa Ankle Boots online on YOOX United Kingdom - 11321461EOPrada Ankle Boot - Women Prada Ankle Boots online on YOOX United Kingdom - 11568532SS , Prada Ankle Boot - Women Prada Ankle Boots online on YOOX United Kingdom - 11552484RB , Charlotte Olympia Loafers - Women Charlotte Olympia Loafers online on YOOX United Kingdom - 11187480PR , Tabitha Simmons Court - Women Tabitha Simmons Courts online on YOOX United Kingdom - 11544695XI , Laurence Dacade Sandals - Women Laurence Dacade Sandals online on YOOX United Kingdom - 11337807JUPrada Ankle Boot - Women Prada Ankle Boots online on YOOX United Kingdom - 11552145UI , Jimmy Choo Court - Women Jimmy Choo Courts online on YOOX United Kingdom - 11516620TVHogan Ankle Boot - Women Hogan Ankle Boots online on YOOX United Kingdom - 11298900PO , Chiara Ferragni Espadrilles - Women Chiara Ferragni Espadrilles online on YOOX United Kingdom - 11337161GBGianvito Rossi Court - Women Gianvito Rossi Courts online on YOOX United Kingdom - 11154867UIAlaïa Ankle Boot - Women Alaïa Ankle Boots online on YOOX United Kingdom - 11393983AC , Charlotte Olympia Sneakers - Women Charlotte Olympia Sneakers online on YOOX United Kingdom - 11569183CU , Givenchy Ankle Boot - Women Givenchy Ankle Boots online on YOOX United Kingdom - 11218129TEValentino Garavani Court - Women Valentino Garavani Courts online on YOOX United Kingdom - 11477176RFAquazzura Ankle Boot - Women Aquazzura Ankle Boots online on YOOX United Kingdom - 11417154LMChristian Louboutin Sandals - Women Christian Louboutin Sandals online on YOOX United Kingdom - 11543573RCPaul Andrew Court - Women Paul Andrew Courts online on YOOX United Kingdom - 11554200ID , Sophia Webster Sandals - Women Sophia Webster Sandals online on YOOX United Kingdom - 11544325BE , Tabitha Simmons Sandals - Women Tabitha Simmons Sandals online on YOOX United Kingdom - 11523442OI , Jil Sander Court - Women Jil Sander Courts online on YOOX United Kingdom - 11475707BKSigerson Morrison Sandals - Women Sigerson Morrison Sandals online on YOOX United Kingdom - 11553664XT , Cross Walk Sandals - Women Cross Walk Sandals online on YOOX United Kingdom - 11456357LU , Prada Ankle Boot - Women Prada Ankle Boots online on YOOX United Kingdom - 11552478OH
    John Paul Stevens: No friend of liberty

    As Justice John Paul Stevens prepares to leave the Supreme Court, Ilya Shapiro takes a look back at his career:

    John Paul Stevens, the oldest-ever and (by the end of the term) second-longest-serving Supreme Court justice, has had a long career that, judging by his fitness regimen—the envy of men much younger than he—could have continued for many years yet.  Justice Stevens is to be commended for his record of service in a variety of positions in the public and private sector.

    Unfortunately, the jurisprudential legacy he leaves behind is much more checkered than his personal integrity and professionalism: Justice Stevens “grew” from his country-club Republican roots to becoming the Court’s liberal lion.  While a friend of liberty in certain limited circumstances, he ultimately hangs his hat on supporting government action over the rights of individuals in contexts ranging from property rights (Kelo v. New London) to the Second Amendment (D.C. v. Heller) to free speech (Citizens United and Texas v. Johnson, the flag-burning case) to executive agency power (Chevron).  And even on those issues where friends of liberty can disagree in good faith as a matter of policy, such as abortion and the death penalty, Stevens admittedly and unabashedly asserted his own policy preferences instead of following the law.

    Republican SCOTUS Nomination Plans: A Fight, But No Filibuster

    Republicans are readying themselves for a fight over the upcoming Supreme Court nomination hearings, but appear to have already taken the filibuster option off the table:

    Conservative judicial activists say they won’t ask their Republican allies to go to the mat over President Barack Obama’s nominee to replace Supreme Court Justice John Paul Stevens by pressing for the ultimate weapon in a court fight – a filibuster.

    Instead, they say the nomination of a Democrat to the court will be an opportunity to cement the support of the tea party movement, broaden their base, and motivate supporters to turn out to support Republicans in the mid-term elections in November.

    Taking the filibuster off the table is a smart idea. To put it bluntly, it’s unlikely that the 41 Republicans in the Senate will be able to stick together to filibuster the kind of “liberal but not controversial” nominee that we’re likely to see from Obama. At the very least, I would expect to see most if not all of the nine Republicans who ended up voting for Sonia Sotomayor to walk across the aisle to vote to invoke cloture should there be any attempt to filibuster. Moreover, unless Obama does surprise everyone and select someone with a controversial record, which I find unlikely, Senate Republicans would likely lose the public relations war over the nomination. Not a smart thing to do only months before a crucial mid-term election.

    Stevens to retire from SCOTUS

    Supreme Court Justice John Paul Stevens will retire this summer, giving President Barack Obama his second SCOTUS pick:

    Stevens said Friday he will step down when the court finishes its work for the summer in late June or early July. He said he hopes his successor is confirmed “well in advance of the commencement of the court’s next term.”

    Stevens’ announcement leaves ample time for the White House to settle on a successor and for Senate Democrats, who control a 59-vote majority, to hold confirmation hearings and a vote before the court’s next term begins in October. Republicans have not ruled out attempts to delay confirmation.

    Stevens’ announcement had been hinted at for months. It comes 11 days before his 90th birthday.

    Appointed by Gerald Ford in 1975, Stevens has aligned himself with “liberal” wing of the Court, so with Obama making the pick the ideological divide will not be affected.

    Slate already has a list of potential nominees. Whoever it is will be named quickly and they will be a safe pick. President Obama and Democrats will want to avoid a tough confirmation fight that could stretch into late summer of an election year.

    Tua By Braccialini Sneakers - Women Tua By Braccialini Sneakers online on YOOX United Kingdom - 11485309QK , Steve Madden Sandals - Women Steve Madden Sandals online on YOOX United Kingdom - 11363320AO , Fiorifrancesi Ankle Boot - Women Fiorifrancesi Ankle Boots online on YOOX United Kingdom - 44949342GX , Coconuts by Matisse Tan Neptune Sandalslady SCHUTZ Natural Jules Platforms Comfort , WOMENS Jeffrey Campbell Grey Quebec Sandals Elegant appearanceWomen's Lindsay Phillips Bronze 7004/Jean Sandals newcomer , U renan c trainers , brown/tan, Geox , Alberto Zago Ankle boots Colour: diamant luxTory Burch CHELSEA - Classic heels , mens/womens Geox WMENDIBOOT42 Boots Consumer firstSan Marina VUPERA - High heeled sandals Colour: limemen/women Naturalizer Emory Sandals Guarantee quality and quantitymen/women Frye Norfolk Moc Boat Frye low costMSGM HIKING TRAINER - Trainers - tartin , men/women Tommy Hilfiger Shano Boots Known for its beautiful qualityman/woman Lucky Brand Larsson 2 Clogs & Mules Modern designSalvo Barone Sneakers - Men Salvo Barone Sneakers online on YOOX United Kingdom - 11557351HL , Unisa Sandals - Women Unisa Sandals online on YOOX United Kingdom - 11559500WCJucca Ankle Boot - Women Jucca Ankle Boots online on YOOX United Kingdom - 11514864RT , Paul Andrew Sandals - Women Paul Andrew Sandals online on YOOX United Kingdom - 11342721TSMerrell Black Gardena Thong Ebony SandalsWOMENS MIA Gladiator Sandals Nice appearance9NKuOern lady Gold Tisha Sandals Really , Crazy price, Birmingham Pikolinos Daroca W1U-8682 , Christian Louboutin Latte Metallic Silver Janibasse 60mm White Studded Spike A899 Sandals , Ladies Hermès White Oasis Leather Sandals Make full use of materialswomens Prada Black Jump Boot Sneakers King of the quantity , MISS Gold Snake Heels Formal Shoes Stylish and funny , Ladies Valentino Black 40(Eu) Rockstud Pumps Cheap ideal
    Justice John Paul Stevens Says He Will Retire Within Three Years
    BREAKING: Souter to retire from SCOTUS

    Supreme Court Justice David Souter has announced his retirement:

    Souter is expected to remain on the bench until a successor has been chosen and confirmed, which may or may not be accomplished before the court reconvenes in October.

    At 69, Souter is nowhere near the oldest member of the court, but he has made clear to friends for some time now that he wanted to leave Washington, a city he has never liked, and return to his native New Hampshire.

    Now, according to reliable sources, he has decided to take the plunge and has informed the White House of his decision.

    Souter’s retirement would give President Obama his first appointment to the high court, and most observers expect that he will appoint a woman.


    The views and opinions expressed by individual authors are not necessarily those of other authors, advertisers, developers or editors at United Liberty.