United Liberty
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.

Ladies Tory Different Burch styles Black Cheryl Sandals Different styles and Ladies styles 25d034d
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
Ladies Marni Black Wood Platform Sandals Elegant and robust menu , ladies Jimmy Choo Pink Sandals Strong heat and heat resistance , woman Vince Camuto Black New Sandals High quality and economy , Women's Prada Purple Strappy Close Sandals Quality and quantity guaranteed , WOMENS Jimmy Choo Bronze/Red Sandals Make full use of materialsMISS Dolce Vita Black Sandals High quality and low effortLadies Alexander Wang Antonia Sandals The color is very noticeableWomen's Jimmy Choo Yellow Leather Sandals Easy to clean surface , WOMENS Tory Burch Ivory Wedge Sandals High quality and cheapWOMENS Audrey Brooke Silver Kadie Sandals Modern and stylish fashion , women Elie Tahari Brown Huarache Sandals From the latest modellady Betsey Johnson Black Bow Sandals High quality and economy , Ladies Antonio Melani Brown Brooklyn Sandals Guarantee quality and quantity , MISS Joey O Purple Sandals Ideal gift for all occasionswomens ASOS Multicolor Huntington Heeled Sandals Elegant and robust menuWOMENS Urban Outfitters Brown Ob479174 Sandals Different styles and styles , MISS Silver and Gunmetal Sandals Every article described is available , lady Blue Chunky Suede Sandals Known for its beautiful quality , ladies Zara Brown Platform Wedges Sandals High quality and economy , WOMENS New Nudes Metallic Leather Sandals Quality and quantity guaranteedwomens Steve Madden Brown Aryah Sandals Modern and stylish fashionwoman Nine West Brown Sandals Every article described is available , WOMEN Sam Edelman Black Keith Sandals At an affordable pricewoman Tommy Hilfiger Red Wedge Sandals From the latest modelWOMEN Privileged White Wedge Platform Sandals Different styles and styleswomens Jessica Simpson Multicolor Alinda Sandals At an affordable price , LADY Tahari New Black Laila Sandals Has a long reputation , WOMEN Stuart Weitzman Gold . Sandals Cheaper than the priceLADY Guess Animal Print Abaih Sandals High quality and economy
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.

Walk By Melluso Boots - Women Walk By Melluso Boots online on YOOX United Kingdom - 11537976RA , Ancient Greek Sandals Sandals - Women Ancient Greek Sandals Sandals online on YOOX United Kingdom - 11383727IPLorenzo Mari Court - Women Lorenzo Mari Courts online on YOOX United Kingdom - 11519494HF , lady ALDO Nude Herena Platforms Queensland , vUfWka3n mens/womens Schutz Timon Heels Affordable , NgJANBkj men's/women's Schutz Rania Heels TrendyWOMEN Iron Fist Glamour Guts Platforms For your choiceMISS Miu Miu White Sandals Beautiful artStudded boots , black, La Redoute Collections , Men/Women Athena Alexander Farren Boots Non-slip , men/women Nine West Halenia Heels discount , Tamaris T-bar sandals Colour: light gold , men/women Madden Girl Heidiee Flats Diverse new design , Fabi Loafers - Men Fabi Loafers online on YOOX United Kingdom - 11548119NM , Hogan Sneakers - Men Hogan Sneakers online on YOOX United Kingdom - 11518654PT , mens/womens Frye Lena Floral Slip-On Sneakers & Athletic Frye discountArfango Court - Women Arfango Courts online on YOOX United Kingdom - 11475629JJ , Strategia Boots - Women Strategia Boots online on YOOX United Kingdom - 11475467UCFornarina Sneakers - Women Fornarina Sneakers online on YOOX United Kingdom - 11493914NE , Ruco Line Sneakers - Women Ruco Line Sneakers online on YOOX United Kingdom - 11543756QD , Giampaolo Viozzi Court - Women Giampaolo Viozzi Courts online on YOOX United Kingdom - 11550020NTEbarrito Ankle Boot - Women Ebarrito Ankle Boots online on YOOX United Kingdom - 11552005TI , Giancarlo Paoli Sneakers - Women Giancarlo Paoli Sneakers online on YOOX United Kingdom - 11477163UE , Primadonna Ankle Boot - Women Primadonna Ankle Boots online on YOOX United Kingdom - 11495858LRHalmanera Ankle Boot - Women Halmanera Ankle Boots online on YOOX United Kingdom - 11216100CNModerate cost Spring Step IllianLadies See by Chloé Cognac Platforms Win the praise of customers , lady Bongo Purplish Silver Rockstar Wedges wear-resistant , WOMEN Prada Navy Blue. Sneakers Stable qualitywomen Christian Louboutin Cream Simple Pumps Stylish
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.