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.

    Hogan Ballet Hogan Flats - Women Hogan Ballet Flats Ballet - online on YOOX United Kingdom - 44987867GB 5557cbd
    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
    Jeffrey Campbell Sandals - Women Jeffrey Campbell Sandals online on YOOX United Kingdom - 11340723AX , Ruco Line Sneakers - Women Ruco Line Sneakers online on YOOX United Kingdom - 11334722HMAngela George Sandals - Women Angela George Sandals online on YOOX United Kingdom - 11404456FNEmanuela Passeri Loafers - Women Emanuela Passeri Loafers online on YOOX United Kingdom - 11331822GNAngela George Sandals - Women Angela George Sandals online on YOOX United Kingdom - 11404466EH , Hogan Ballet Flats - Women Hogan Ballet Flats online on YOOX United Kingdom - 11175584LXGianni Gregori® Sandals - Women Gianni Gregori® Sandals online on YOOX United Kingdom - 11427554CS , Preventi Ballet Flats - Women Preventi Ballet Flats online on YOOX United Kingdom - 11375595DPLoretta Pettinari Sandals - Women Loretta Pettinari Sandals online on YOOX United Kingdom - 11387911XDU.S.Polo Assn. Sneakers - Women U.S.Polo Assn. Sneakers online on YOOX United Kingdom - 11387432VI , Lola Cruz Sandals - Women Lola Cruz Sandals online on YOOX United Kingdom - 11345929IEBoutique Moschino Sandals - Women Boutique Moschino Sandals online on YOOX United Kingdom - 11326734BX , Manas Ankle Boot - Women Manas Ankle Boots online on YOOX United Kingdom - 11285559PR , Lola Cruz Sandals - Women Lola Cruz Sandals online on YOOX United Kingdom - 11345985EI , Diemme Ankle Boot - Women Diemme Ankle Boots online on YOOX United Kingdom - 11223731AOGet It Boots - Women Get It Boots online on YOOX United Kingdom - 11437138SFBoemos Ankle Boot - Women Boemos Ankle Boots online on YOOX United Kingdom - 11331327OC , Vic Matiē Sandals - Women Vic Matiē Sandals online on YOOX United Kingdom - 11423698JXPaloma Barceló Sandals - Women Paloma Barceló Sandals online on YOOX United Kingdom - 11333025DM , Emanuela Passeri Sandals - Women Emanuela Passeri Sandals online on YOOX United Kingdom - 11331669JM , Melissa Flip Flops - Women Melissa Flip Flops online on YOOX United Kingdom - 11353424OJChiara Ferragni Sneakers - Women Chiara Ferragni Sneakers online on YOOX United Kingdom - 11395854SALola Cruz Loafers - Women Lola Cruz Loafers online on YOOX United Kingdom - 11347174QMVic Matiē Sandals - Women Vic Matiē Sandals online on YOOX United Kingdom - 11423612QMGet It Sandals - Women Get It Sandals online on YOOX United Kingdom - 11434912OD , Emanuela Passeri Court - Women Emanuela Passeri Courts online on YOOX United Kingdom - 11331768AV , Ruco Line Sneakers - Women Ruco Line Sneakers online on YOOX United Kingdom - 11334482TW , Fiorangelo Ankle Boot - Women Fiorangelo Ankle Boots online on YOOX United Kingdom - 11291406SX , Geox Ankle Boot - Women Geox Ankle Boots online on YOOX United Kingdom - 11414327RD ,
    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.

    What For Ballet Flats - Women What For Ballet Flats online on YOOX United Kingdom - 11540145WTLe Stelle Ankle Boot - Women Le Stelle Ankle Boots online on YOOX United Kingdom - 11450801CBDaniele Ancarani Loafers - Women Daniele Ancarani Loafers online on YOOX United Kingdom - 11520647QB , Saint Laurent White Star Sneakers SneakersANGEL INFANTES 28062-angel Infantes CASUAL SHOES FOR MANWOMEN Christian Louboutin Snakeskin Daffodile Platforms Beautiful art , Mango GRISEL - Classic ankle boots , Vans SK8-MID REISSUE - High-top trainers , man/woman GUESS Kenzie Heels Excellent performancemen/women Calvin Klein Gayle Heels value , Adidas Gioseppo Slip-ons - black , mens/womens Rockport Cobb Hill Collection Daniela Boots Rich designMen/Women ECCO Bella Slip-On Sneakers & Athletic ECCO buy , Adidas Puma BASKET HEART - Trainers - white , man/woman Nine West Gazookery Flats Tide shoes list , Supra Sneakers - Men Supra Sneakers online on YOOX United Kingdom - 11472816NX , Adidas Le Temps Des Cerises CITY - Trainers - brownSalvatore Ferragamo Loafers - Men Salvatore Ferragamo Loafers online on YOOX United Kingdom - 11511692WF1725.A Sandals - Women 1725.A Sandals online on YOOX United Kingdom - 11332700CEDorateymur Ankle Boot - Women Dorateymur Ankle Boots online on YOOX United Kingdom - 11337705NU , Fitflop Flip Flops - Women Fitflop Flip Flops online on YOOX United Kingdom - 11575639GLLeonardo Principi Boots - Women Leonardo Principi Boots online on YOOX United Kingdom - 11537602HH , nwtXwf6J Dr. Martens Kendra 10-Eye Boot , Skilled manufacturing Old West Boots LF1529 , Medium cost adidas Rise Up 2 , SAS Caress A dash of casual with feminine sophistication, the Caress sandal wedge makes everyday comfort and style a breeze.Miu Miu Platino (Lt Gold) Calzature Donna Capretto Weavin SandalsNike Huarache 7y Or Equivalent To Women’s New SneakersValentino Black Couture Patent Leather Kitten Heel Bow Pumps , Ladies CL by Laundry Black Wedges trendy
    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.