Warm Southern Breeze

"… there is no such thing as nothing."

Posts Tagged ‘SCOTUS’

A Taxing Proposition

Posted by Warm Southern Breeze on Wednesday, June 9, 2021

“Taxes are what we pay for civilized society, including the chance to insure.


A penalty, on the other hand, is intended altogether to prevent the thing punished.”

–– U.S. Supreme Court Justice Oliver Wendell Holmes, Jr., dissenting opinion, “Compañía General de Tabacos de Filipinas v. Collector of Internal Revenue,” 275 U.S. 87, October term 1927, p100

On that court were Chief Justice William Howard Taft; Associate Justices Oliver Wendell Holmes, Jr.; Willis Van Devanter; James C. McReynolds; Louis Brandeis; George Sutherland; Pierce Butler; Edward T. Sanford, and; Harlan F. Stone.

Holmes, Brandeis, and Taft are the only names many remember from that group.

Then-POTUS Warren G. Harding, a Republican, nominated Taft, also a Republican, to become Chief Justice (1921–1930) following the death of CJ Edward Douglass White, a Democrat, whom Taft had appointed as CJ in December 1910, while Taft was serving as President (1909–1913). Taft is, to-date, the only individual to have ever served in both positions – President, and SCOTUS Chief Justice.

But, here are a couple interesting facts:

1.) From July 4, 1901 until December 23, 1903, Taft was Governor-General of the Philippines, having been appointed by POTUS William McKinley. Having held that office previously, he should have recused himself from the 1927 case “Compañía General de Tabacos de Filipinas v. Collector of Internal Revenue.” But, he did not.

2.) Edward Douglass White served in the Confederate Army during the Civil War, was a strident segregationist, and upheld racist laws which came before the court, including the notorious Plessy v. Ferguson case which gave rise to the “separate but equal” doctrine, and reinforced racist practices in the United States.

Today, such obvious conflicts of interest would not be tolerated. And I note this with a mark of appreciation: Justice Brett Kavanaugh recently recused himself (did not participate in) from a recent case before the court, because his father held some stock in one company being represented to the court.

Technically, “involvement” at that level exclusively doesn’t violate ethics rules, but having erred on the side of caution – exercised jurisprudential reservation – is commendable. That is because it demonstrates Read the rest of this entry »

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A Radicalized Supreme Court

Posted by Warm Southern Breeze on Monday, May 24, 2021

Democratic senators say if the Supreme Court strikes a blow against Roe v. Wade by upholding a Mississippi abortion law, it will fuel an effort to add justices to the court or otherwise reform it.

The Supreme Court’s conservative majority this week agreed to hear the Mississippi case, which could dramatically narrow abortion rights by allowing states to make it illegal to get an abortion after 15 weeks of pregnancy.

“It will inevitably fuel and drive an effort to expand the Supreme Court if this activist majority betrays fundamental constitutional principles,” said Senator Richard Blumenthal (D-Conn.), a member of the Senate Judiciary Committee.

“It’s already driving that movement,” he added.

Senator Blumenthal said it doesn’t mean that a Congress led by Democrats would immediately be able to add justices to the court, but he suggested it would add momentum to reform efforts at a minimum.

“Chipping away at Roe v. Wade will precipitate a seismic movement to reform the Supreme Court. It may not be expanding the Supreme Court, it may be making changes to its jurisdiction, or requiring a certain numbers of votes to strike down certain past precedents,” he said.

No one knows for sure when the Supreme Court will hand down its decision on the Mississippi abortion law, but it is widely expected to hear arguments after it convenes in October. That could set up a decision next year.

Rhode Island Senator Sheldon Whitehouse (D), another member of the Judiciary Committee, said the court’s review of the Mississippi law raises serious concerns.

“It really enlivens the concerns that we have about the extent to which right-wing billionaire money has influenced the makeup of the court and may even be pulling strings at the court,” he said.

“We’ve got a whole array of options we’re looking at in the courts committee,” Senator Whitehouse said of the Presidential Commission on the Supreme Court of the United States, which President Biden established by executive order in April.

Senator Whitehouse said even if Read the rest of this entry »

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NCAA Claims Student Athletes Who Make Them BIG BUCK$ Don’t Deserve A $hare

Posted by Warm Southern Breeze on Wednesday, March 31, 2021

Today, the NCAA is appearing before the United States Supreme Court today arguing about… money.

Yes, money.

This case verges on indentured servitude, and hypocrisy is open, and plainly evident.

But hey… what else is new when it comes to treatment of the impoverished, females, and minorities?

Meanwhile, the BIG BUCKS go to build lavish facilities for the male athletes, not all of which are for training, to the coaches for their $alarie$ and compen$ation, and to build extravagant stadiums and arenas.

Not even a fraction goes to the athletes.

And none of it goes to the students.

Not one thin dime.

Here’s an idea instead of paying coaches eye-popping salaries, how about capping their compensation, and placing about half of the money toward student scholarship?

It’d be an INVESTMENT in education, for that is the primary (hopefully) reason the athletes chose to become students at the university where they play.

And best of all, it would ALL come from the Private Sector, one of many “holy cows” of the GOP Brahmans.


Take To The Court: Justices Will Hear Case On Student Athlete Compensation
March 31, 2021, 5:00 AM ET
Heard on Morning Edition
by Nina Totenberg

Nina Totenberg at NPR headquarters in Washington, D.C., May 21, 2019. (photo by Allison Shelley)

https://www.npr.org/2021/03/31/982836334/take-to-the-court-justices-will-hear-case-on-student-athlete-compensation

As March Madness plays out on TV, the U.S. Supreme Court takes a rare excursion into sports law Wednesday in a case testing whether the NCAA’s limits on compensation for student athletes violate the nation’s antitrust laws.

The outcome could have enormous consequences for college athletics.

The NCAA maintains that Read the rest of this entry »

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Mitch McConnell: Acquittal Vindicated the Constitution, Not Trump

Posted by Warm Southern Breeze on Tuesday, February 16, 2021

U.S. Supreme Court Associate Justice Joseph Story (1779-1845), Daguerreotype portrait by Matthew Brady’s Studio c.1844/45

Joseph Story (1779-1845) was an Associate Justice of the Supreme Court of the United States, nominated by President James Madison, who served in office from February 3, 1812 until September 10, 1845.

He was also: Republican Congressman from Massachusetts, 1808-1809; Associate Justice of the Supreme Court of the United States, 1811-1845; Acting Chief Justice, 1835-1836, 1844; Professor of Law Harvard University 1829-1845.

He is perhaps most renown for his work “Commentaries On The Constitution of the United States” which was first published in 1833, though he authored several other books on the law, and Constitution.

The United States Constitution states in part as follows:

Article I, Section 3, Clause 7:
Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.

Article II, Section 4:
The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

Justice Story wrote about the matter of impeachment at great length, and in part wrote that:

§393. It is obvious, that, upon trials on impeachments, one of two courses must be adopted in case of a conviction; either for the court to proceed to pronounce a full and complete sentence of punishment for the offence according to the law of the land in like cases, pending in the common tribunals of justice, superadding the removal from office, and the consequent disabilities; or, to confine its sentence to the removal from office and other disabilities. If the former duty be a part of the constitutional functions of the court, then, in case of an acquittal, there cannot be another trial of the party for the same offence in the common tribunals of justice, because it is repugnant to the whole theory of the common law, that a man should be brought into jeopardy of life or limb more than once for the same offence. A plea of acquittal is, therefore, an absolute bar against any second prosecution for the same offence. If the court of impeachments is merely to pronounce a sentence of removal from office and the other disabilities; then it is indispensable, that provision should be made, that the common tribunals of justice should be at liberty to entertain jurisdiction of the offence, for the purpose of inflicting the common punishment applicable to unofficial offenders. Otherwise, it might be matter of extreme doubt, whether, consistently with the great maxim above mentioned, established for the security of the life and limbs and liberty of the citizen, a second trial for the same offence could be had, either after an acquittal, or a conviction in the court of impeachments. And if no such second trial could be had, then the grossest official offenders might escape without any substantial punishment, even for crimes, which would subject their fellow citizens to capital punishment. [emphasis added]

§394. The constitution, then, having provided, that judgment upon impeachments shall not extend further, than to removal from office, and disqualification to hold office, (which, however afflictive to an ambitious and elevated mind, would be scarcely felt, as a punishment, by the profligate and the base,) has wisely subjected the party to trial in the common criminal tribunals, for the purpose of receiving such punishment, as ordinarily belongs to the offence. Thus, for instance, treason, which by our laws is a capital offence, may receive its appropriate punishment ; and bribery in high officers, which otherwise would be a mere disqualification from office, may have the measure of its infamy dealt out to it with the same unsparing severity, which attends upon other and humbler offenders.

Joseph Story, “Commentaries On The Constitution of the United States” §393, §394, p278-280, Book III, chapter X; 1833

How the cowardly, weasel-like jellyfish of a man “Moscow Mitch, the Bitch” McConnell could POSSIBLY use the word “vindicate” in reference to the United States Constitution is beyond the scope of imagination – however derelict and perverted it may be – and it is definitely most perverted.

McConnell wrote “Our job wasn’t to find some way, any way, to inflict a punishment. The Senate’s first and foundational duty was to protect the Constitution.” -and- that “The text is unclear” about impeachment, whether “the Senate can try and convict former officers.”

McConnell had also earlier written a “dear colleague” letter to his fellow Banana Republicans in the Senate, in which he wrote in pertinent part that “I am persuaded that impeachments are a tool primarily of removal…”

His mind is like concrete – thoroughly mixed, and permanently set.

The cases of Tennessee United States Senator William Blount – impeached July 7, 1797, on charges of conspiring to assist in Great Britain’s attempt to seize Spanish-controlled territories in modern-day Florida and Louisiana, tried December 17, 1798–January 14, 1799 – and Ulysses Grant’s Secretary of War William Belknap – who tendered his resignation March 2, 1876 only moments before the House impeached him, was tried March 3–August 1, 1876 – demonstrate very clearly that officials may be tried on impeachment charges after they’re out of office. Or else, it completely absolves any official of any responsibility for any act of criminal wrong-doing while in office. It is the intellectual and moral equivalent of saying “so-and-so doesn’t live in Texas anymore, and moved to Minnesota 10 years ago, so s/he can’t be tried for murder or any crimes committed while residing in Texas.”

To assert as much is so absurdly preposterous that it defies imagination.

It’s an ethically reprehensible, morally wrong and judiciously untenable to deny anyone – including society – justice. And that is, in effect, what has happened with Donald Trump; society has been denied justice for the reprehensible, morally repugnant, and outright illegal acts of Donald Trump while in office as the President.

McConnell claims that Trump can be tried in other courts, and cites Justice Story’s writing that:

“There is also much force in the remark, that an impeachment is a proceeding purely of a political nature. It is not so much designed to punish an offender, as to secure the state against gross official misdemeanors. It touches neither his person, nor his property ; but simply divests him of his political capacity.” –– §406, chapter X, book III, p289

“And the final judgment is confined to a removal from, and disqualification for, office ; thus limiting the punishment to such modes of redress, as are peculiarly fit for a political tribunal to administer, and as will secure the public against political injuries. In other respects the offence is left to be disposed of by the common tribunals of justice, accord- ing to the laws of the land, upon an indictment found by a grand jury, and a trial by jury of peers, before whom the party is to stand for his final deliverance, like his fellow citizens.” –– §407, chapter X, book III, p290

But, rest assured: Trump is completely free and clear of any charges related to impeachment. However, there are other charges at the state level which he may face for things he did while in office, including most notably, attempting to persuade Georgia Secretary of State Brad Raffensberger to manipulate the results of the election in that state to throw the election to Trump’s favor. The Fulton County District Attorney, and Georgia State Attorney General are investigating that matter.

And just to be utterly and absolutely certain, the word “vindicate” is defined as meaning:

1. To clear of accusation, blame, suspicion, or doubt with supporting arguments or proof: “Our society permits people to sue for libel so that they may vindicate their reputations” (Irving R. Kaufman).
2. To defend, maintain, or insist on the recognition of (one’s rights, for example).
3. To demonstrate or prove the value or validity of; justify: The results of the experiment vindicated her optimism.
4. Obsolete To exact revenge for; avenge.
(American Heritage® Dictionary of the English Language, Fifth Edition.)

1. to clear from guilt, accusation, blame, etc, as by evidence or argument
2. to provide justification for: his promotion vindicated his unconventional attitude.
3. to uphold, maintain, or defend (a cause, etc): to vindicate a claim.
4. (Law) Roman law to bring an action to regain possession of (property) under claim of legal title
5. (Historical Terms) Roman law to bring an action to regain possession of (property) under claim of legal title
6. rare to claim, as for oneself or another
7. obsolete to take revenge on or for; punish
8. obsolete to set free
(Collins English Dictionary – Complete and Unabridged, 12th Edition 2014)
1. to clear, as from an accusation or suspicion: to vindicate someone’s honor.
2. to afford justification for; justify.
3. to uphold or justify by argument or evidence.
4. to maintain or defend against opposition.
5. to claim for oneself or another.
6. Obs. to avenge.
7. Obs. to free.
8. Obs. to punish.
(Random House Kernerman Webster’s College Dictionary, © 2010)

“Moscow Mitch, the Bitch” McConnell is a Banana Republican from Kentucky, Senate Minority Leader, the biggest weasel in Washington, D.C., and an ardent, though oblique, supporter of the Cult of Trump.


Acquittal Vindicated the Constitution, Not Trump

wsj.com
Sunday, February 14, 2021
by Mitch McConnell

January 6 was a shameful day. A mob bloodied law enforcement and besieged the first branch of government. American citizens tried to use terrorism to stop a democratic proceeding they disliked.

There is no question former President Trump bears moral responsibility. His supporters stormed the Capitol because of the unhinged falsehoods he shouted into the world’s largest megaphone. His behavior during and after the chaos was also unconscionable, from attacking Vice President Mike Pence during the riot to praising the criminals after it ended.

President-elect Donald Trump leaves a meeting with Republican Senate Majority Leader Mitch McConnell of Kentucky, at the U.S. Capitol November 10, 2016 in Washington, DC Zach Gibson/Getty Images

I was as outraged as any member of Congress. But senators take our own oaths. Our job wasn’t to find some way, any way, to inflict a punishment. The Senate’s first and foundational duty was to protect the Constitution.

Some brilliant scholars believe Read the rest of this entry »

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Rest In Peace, Larry Flynt: Renown First Amendment Advocate, Vietnam Veteran, Entrepreneur Dies Aged 78

Posted by Warm Southern Breeze on Thursday, February 11, 2021

Larry Flynt, known globally as an entrepreneur and First Amendment champion, has died aged 78.

Mr. Flynt had a strong desire for service to the nation, and first enlisted in the United States Army using a false birth certificate when he was aged 15, and had dropped out of the 9th grade. After 7 months, in 1960, he was declared supernumerary and honorably discharged. He then repeated that performance, and joined the United States Navy, where he served for 5 years, and was honorably discharged in 1964 during the Vietnam War. While serving aboard the USS Enterprise as a radar operator, he was on duty during the operation to recover John Glenn’s space capsule after splashdown following his first space orbit.

Larry Flynt (center) makes his way through a crowd at a rally in Cincinnati in 1977.

He was a native Southerner, and was born and raised in Lakeville, Kentucky, in Magoffin County, a still-small village in the practical middle of nowhere, in the state’s eastern central portion, due east of Lexington about a 2-hour drive on Kentucky State Highway 9009.

Mr. Flynt may perhaps best be known as pornographer, and publisher of Hustler magazine, a title of which he was unashamed, and for which an attempted assassin’s bullet severed his spinal cord outside the courthouse in Gwinnett County Georgia, on March 6, 1978, where he was facing obscenity charges, which he won. From that point on, he was never able to walk, and relied upon a wheelchair for mobility, albeit, a custom-made, gold-plated one.

For many years thereafter, Mr. Flynt’s sniper went undiscovered until an arrest for two unrelated killings elsewhere, when the suspect confessed to being Flynt’s shooter. White Supremacist John Paul Franklin said the reason he shot Flynt, was because he objected to photos in Hustler depicting interracial couples. He was executed by the state of Missouri in 2013 – an act which Mr. Flynt disapproved of as an opponent of the death penalty.

For many years, he had a long-term friendship with the Reverend Jerry Falwell Read the rest of this entry »

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Texas Banana Republican Senator Ted Cruz is a Hypocrite of the First Order

Posted by Warm Southern Breeze on Monday, January 18, 2021

And a dipshit, too.

Jack Dorsey could’ve shut him – and every other Banana Republican – up with the following phrase:

Manhattan Community Access Corp. et al. v. Halleck et al.

What’s that?

For the ignorant – and, that’s most people – it’s a SCOTUS ruling handed down June 17, 2019 that ruled that, “The Free Speech Clause of the First Amendment prohibits only governmental, not private, abridgment of speech.”

In other words, Censorship laws DO NOT apply to the Private Sector.

Repeating:

Anti-Censorship Laws DO NOT Apply To Private Enterprise.

Thank the so-called “conservative” Supremes who handed down that ruling. They are: KAVANAUGH, J., delivered the opinion of the Court, in which ROBERTS, C. J., and THOMAS, ALITO, and GORSUCH, JJ., joined.

So, Mr. Dorsey, and every other private company does NOT have to abide by anti-censorship laws.

Furthermore, what in the hell is Ted Cruz doing meddling, trying to tell Twitter how to run their business? That jacked-up twat probably doesn’t even own one share of Twitter.

What fucking hypocrite that son-of-a-bitch is!

I’d have loved to have seen Mr. Dorsey ask Cruz that question – “Are you telling me how to run my business?” – and follow it up with this one:
“Exactly what laws are you accusing me, and/or my company, of breaking?”

Of course, the obvious answer is ‘none.’

And remember: This is Political Theater for Banana Republican Ted Cruz, who feigns not-so-righteous indignation on behalf of those who would vote for him in future elections, Presidential, or not. And chances are, we’ll see that Texas turd make a Presidential run for the border in 2024.


The entire Committee hearing may be viewed on C-SPAN via the following link:
https://www.c-span.org/video/?476686-1/social-media-content-moderation

Before the Senate Senate Commerce, Science and Transportation Committee, Wednesday, 28 October 2020 (excerpted)

Senator Ted Cruz, R-TX: I have concerns about behavior — the behavior of both of their companies. Facebook is Read the rest of this entry »

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Anti-Censorship Laws DO NOT Apply To Private Enterprise

Posted by Warm Southern Breeze on Tuesday, January 12, 2021

For all the hoopla being raised by Banana Republicans parading as GOP types, including the Loser in Chief, about the decision Twitter made to cut him (and others) off from their private non-governmental service, and who are calling it “censorship,” the United States Supreme Court has some news for you:

Censorship laws DO NOT apply to the Private Sector.

Period.

If you don’t like it, take it up with those who decided it: KAVANAUGH, J., delivered the opinion of the Court, in which ROBERTS, C. J., and THOMAS, ALITO, and GORSUCH, JJ., joined. SOTOMAYOR, J., filed a dissenting opinion, in which GINSBURG, BREYER, and KAGAN, JJ., joined.

The case was Argued February 25, 2019 — Decided June 17, 2019, and named Manhattan Community Access Corp. et al. v. Halleck et al.

In a Certiorari to The United States Court Of Appeals For The Second Circuit, No. 17–1702, the court ruled that “The Free Speech Clause of the First Amendment prohibits only governmental, not private, abridgment of speech,” and held that MNN (private nonprofit corporation, petitioner Manhattan Neighborhood Network (MNN)) was not a state actor subject to the First Amendment.

The court wrote further, that, “A private entity may qualify as a state actor when, as relevant here, the entity exercises “powers traditionally exclusively re-served to the State.” The precedent for that decision was rendered in the case Jackson v. Metropolitan Edison Co., 419 U. S. 345, 352.

“The Court has stressed that “very few” functions fall into that category. Flagg Bros., Inc. v. Brooks, 436 U. S. 149, 158.”

In the decision, the court wrote in part that,

“Under the state-action doctrine as it has been articulated and applied by our precedents, we conclude that operation of public access channels on a cable system is not a traditional, exclusive public function. Moreover, a private entity such as MNN who opens its property for speech by others is not transformed by that fact alone into a state actor. In operating the public access channels, MNN is a private actor, not a state actor, and MNN therefore is not subject to First Amendment constraints on its editorial discretion. We reverse in relevant part the judgment of the Second Circuit, and we remand the case for further proceedings consistent with this opinion.”

The background facts of the case which formed the basis of the suit are fairly straight-forward, and reads as follows:

“DeeDee Halleck and Jesus Papoleto Melendez produced public access programming in Manhattan. They made a film about MNN’s alleged neglect of the East Harlem community. Halleck submitted the film to MNN for airing on MNN’s public access channels, and MNN later televised the film. Afterwards, MNN fielded multiple complaints about the film’s content. In response, MNN temporarily suspended Halleck from using the public access channels. Halleck and Melendez soon became embroiled in another dispute with MNN staff. In the wake of that dispute, MNN ultimately suspended Halleck and Melendez from all MNN services and facilities. Halleck and Melendez then sued MNN, among other parties, in Federal District Court. The two producers claimed that MNN violated their First Amendment free-speech rights when MNN restricted their access to the public access channels because of the content of their film.

“MNN moved to dismiss the producers’ First Amendment claim on the ground that MNN is not a state actor and therefore is not subject to First Amendment restrictions on its editorial discretion. The District Court agreed with MNN and dismissed the producers’ First Amendment claim.

“The Second Circuit reversed in relevant part. 882 F. 3d 300, 308 (2018). In the majority opinion authored by Judge Newman and joined by Judge Lohier, the court stated that the public access channels in Manhattan are a public forum for purposes of the First Amendment. Reasoning that “public forums are usually operated by governments,” the court concluded that MNN is a state actor subject to First Amendment constraints. Id., at 306–307. Judge Lohier added a concurring opinion, explaining that MNN also qualifies as a state actor for the independent reason that “New York City delegated to MNN the traditionally public function of administering and regulating speech in the public forum of Manhattan’s public access channels.” Id., at 309.

“Judge Jacobs dissented in relevant part, opining that MNN is not a state actor. He reasoned that a private entity’s operation of an open forum for speakers does not render the host entity a state actor. Judge Jacobs further stated that the operation of public access channels is not a traditional, exclusive public function.

“We granted certiorari to resolve disagreement among the Courts of Appeals on the question whether private operators of public access cable channels are state actors subject to the First Amendment. 586 U. S. __ (2018). Compare 882 F. 3d 300 (case below), with Wilcher v. Akron, 498 F. 3d 516 (CA6 2007); and Alliance for Community Media v. FCC, 56 F. 3d 105 (CADC 1995).”

Certiorari [pronounced “sir-sha-rar-ee”] is a writ [a written order issued by a court] seeking review of a lower court decision by a higher court.

The court wrote also that, Read the rest of this entry »

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It’s over, Donald. You can go home now.

Posted by Warm Southern Breeze on Friday, December 11, 2020

In a 9-0 unanimous vote, the United States Supreme Court has handed the Narcissist in Chief his hat.

The court’s opinion may be read here:
https://www.supremecourt.gov/orders/courtorders/121120zr_p860.pdf
-or-
From this site here: SCOTUS TX Trump case 121120zr_p860

The decision in the case of TEXAS V. PENNSYLVANIA, ET AL., in which the Solicitor General for the State of Texas refused to sign onto, was short, sweet, and to the point.

“The State of Texas’s motion for leave to file a bill of complaint is denied for lack of standing under Article III of the Constitution. Texas has not demonstrated a judicially cognizable interest in the manner in which another State conducts its elections. All other pending motions are dismissed as moot.”

The Current White House Occupant’s longtime friend Rudy Giuliani, and company (including the looney-tunes bad-conspiracy-peddling lady Sidney Powell), alleging fraud, tried in numerous states’ courts to have the certified election results overturned on the most inauspicious of grounds.

They failed in every one.

Even used coffee grounds would’ve had more substance than their arguments. Perhaps they should take a refresher course on the law, and maybe do a few practices before moot court.

What they called “fraud,” in the exceedingly vast majority of cases were simple clerical errors, minuscule issues, or minor oversights, and in no way was representative of any wholesale effort by any person, group, or organization to conduct or perpetrate fraud.

Every voting official in every beat, box, precinct, county, and state validated and verified that the election was conducted properly in accordance with all applicable local, state, and federal laws. And their statements were reinforced by the independent statement released by the nation’s top election security official with the Department of Homeland Security, as well as numerous other security and intelligence agencies which are charged with matters pertaining to national security.

I have previously written about the matter, as follows in part:

A highly publicized and now, all-too-common, firing-by-Tweet by the Banana Republican POS45 of the Director of Cybersecurity and Infrastructure Security Agency, Chris Krebs, our nation’s top Election Security Official at the Department of Homeland Security occurred when Director Krebs had the unmitigated audacity to speak the truth to the monstrous authoritarian power of the Liar in Chief, the CWHO POS45, that,

There is no evidence that any voting system deleted or lost votes,
changed votes, or was in any way compromised.

And frankly, in every court in which the Manipulator in Chief has had his Rudy Giuliani-led Goon Squad appear, they have testified, sworn, or affirmed under oath that they are NOT alleging fraud. To be under oath, and then lie before a judge – to commit perjury – is a severe crime with enormously negative consequences, and for a lawyer to lie before a judge is even worse, because they could lose their license to practice law. Giuliani has not done that. He has not committed perjury. And if he, or any other member of his team is to be believed, then we – like all other judges in all other courts in which he has appeared in this matter – should believe him when he testified in every case that fraud is not involved.

U.S. District Judge Matthew W. Brann of the Middle District of Pennsylvania, an Obama appointee who is a longtime Republican, questioned Giuliani about whether the case he was bringing was a fraud case. Giuliani said, “This is not a fraud case.”

Judge Brann scolded Giuliani saying, “You’re alleging that the two individual plaintiffs were denied the right to vote. But at bottom, you’re asking this court to invalidate more than 6.8 million votes, thereby disenfranchising every single voter in the Commonwealth. Could you tell me how this result could possibly be justified?”

There will be numerous articles written about the matter, and here are a few of the early ones. Read the rest of this entry »

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How To Be Selfish During The COVID Pandemic

Posted by Warm Southern Breeze on Tuesday, November 24, 2020

Wear a mask.

Yes, it’s just that simple.

None of this “I ain’t gonna’ wear a mask and you can’t make me, ‘cuz this is ‘Murka and we have FREEDOM!” kind of malarkey.

No, that simply won’t do.

Look out for A-number-one – yourself.

It’s like saying, wear gloves when you go outside, because it’s -30º below zero Fahrenheit. Protect yourself. Gloves only protect the person wearing them.

You see, even though we do have liberties – as good ol’ Justice Samuel Alito – a Bush II-appointed Supreme Court Judge who has been on the court since a 58–42 vote of Senate approval on January 31, 2006 – we also have limits. But Justice Alito doesn’t think so, and, has said as much.

Most recently, Justice Alito addressed the Federalist Society’s 2020 Annual National Lawyers Convention – which, despite its name, opposes a strong federal government – and since their 1982 inception, have been bit-by-bit-piece-by-piece tearing down and destroying the Federal government under guise of promoting personal liberties and freedom.

It was the Supreme Jurists who gave We the People the nefariously infamous and disastrous rulings in:
Citizens United v Federal Election Commission – essentially ruling that money is free speech;
McCutchen v Federal Election Commission – essentially allowing unlimited money to be contributed to candidates/politicians, and;
Shelby County, Alabama v Holder – essentially gutting the Voting Rights act by removing sections 4(b) and 5, which were its “heart and lungs,” whereupon the decision, many states enacted restrictive voting laws.

There are others, of course, but those three are perhaps the most notorious during the oversight of Chief Justice John Roberts.

And that was all in the name of “originalism” and “textualism,” the preferred interpretive modality of The Federalist Society.

So, it should come as no surprise that Alito – a longtime member of the Federalist Society, who said “I have been a member for many years,” and by his own admission has attended every annual meeting for the past 14 years – would sacrifice the greater good upon the altar of “originalism” to the god of individual liberty.

Where in our nation is the sense of shared sacrifice for the greater, common good? That some obviously think that they simply MUST have “freedom” to do whatever they want, when they want, where they want, without regard for anyone else is anathema and contrary to the very idea of a “united” states – e pluribus unum – though many, one. And of course, now, we’re paying for it. For if you’re gonna’ dance, you gotta’ pay the piper. And we’re dancing like mad. But the greatest problem is, eventually, there’s nobody to dance with, and the piper gets sick and dies.

But hey… “You danced like hell, didn’t you!?!,” read no headstone ever.

Of course, the members would recite a quote often misattributed to Benjamin Franklin, though historical researchers tell us that the phrase was Read the rest of this entry »

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Texas’ Republican U.S. Senator Ted Cruz Blasting Twitter CEO Dorsey Proves He’s A Dingaling

Posted by Warm Southern Breeze on Wednesday, October 28, 2020

Seems ol’ Teddy Boy got hot under the collar at Twitter CEO Jack Dorsey during a Senatorial hearing today, Wednesday, 28 October 2020, which was conducted remotely because of the coronavirus pandemic.

Frustrated at the responses, Ted Cruz screamed out at Twitter CEO Jack Dorsey,

“Who the hell elected you? Why do you persist in behaving as a Democratic super PAC, silencing views to the contrary of your political beliefs?”

Ol’ Ted should remember that “Freedom of Speech and of the Press” (First Amendment Rights) do NOT apply to businesses.

Only to the government.

The Press – and for all practical purposes, Twitter is considered part of the Press – is free to publish, or not, what they want. They are free to censor as much as they like, or not.

In 2018, in a 5-4 ruling in the case “MANHATTAN COMMUNITY ACCESS CORP. ETAL. v. HALLECK ETAL.,” the Supreme Court ruled that

“The Free Speech Clause of the First Amendment prohibits only governmental, not private, abridgment of speech.”

The majority opinion was written by Justice Brett Kavanaugh, and was joined by Read the rest of this entry »

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SCOTUS Fun Facts!

Posted by Warm Southern Breeze on Wednesday, October 28, 2020

Merrick Garland was nominated to the Supreme Court by President Barack Obama in March 2016. The Senate never voted on his nomination.

Led by Republican Senate Majority Leader “Moscow Mitch” McConnell, the Senate took no action on POTUS Barack Obama’s nominee Merrick B. Garland on March 16, 2016.

The last time the Senate had NOT considered a SCOTUS nominee was 61 years 4 months 8 days prior with Harlan Johnson, who was nominated by Dwight D. Eisenhower on November 9, 1954.

The first nominee to have NO ACTION taken upon his nomination was… Read the rest of this entry »

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NPR F***s Up

Posted by Warm Southern Breeze on Tuesday, October 27, 2020

Today, A.C. Barrett was administered the Constitutional oath as a Justice on the U.S. Supreme Court by SCOTUS Justice Clarence Thomas.

She must still be administered the oath of office.

It’s only her SECOND job as a judge.

And she hasn’t even been a judge a total of 3 years yet!

Not even!!

Can you say “GREENHORN”? “Wet behind the ears”?

Recall that she came from the 7th U.S. Circuit Court of Appeals – her first job as a jurist, which Trump also gave her. No doubt, he’ll expect something in return.

Yesterday, the Senate confirmed her nomination along a party line vote, 52R-48D.

It only took 31 days from nomination to confirmation for the Republican Senate Majority Leader “Moscow Mitch” McConnell of Kentucky to ramrod her through the process – a record time. She must like being Read the rest of this entry »

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Senate Approves Amy Coney Barrett 52-48

Posted by Warm Southern Breeze on Monday, October 26, 2020

And did you know?

She has NEVER argued a case before a court of any kind in her entire life – except maybe moot court in law school.

-and-

Not only that, but…

Read the rest of this entry »

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It’s NOT Illegal For Weirdos To Serve

Posted by Warm Southern Breeze on Thursday, October 22, 2020

It’s a good thing that American Presidents don’t nominate weirdos or extremists for the Supreme Court.

Amy Coney Barrett as Hannibal Lector, the psychotic, psychopathic weirdo in the movie series “Silence of the Lambs.”

People who have 7 kids – adopted, or not – are certainly outside the norm.

As is forbidding the use of birth control – and that’s almost exclusively a religious matter.

And now that businesses can have religion, which god do they worship – Mammon? Was it the Commerce Clause that Jesus died for? Or, was it people?

But after all, “businesses are people, my friend.”

And since money is free speech, what’s next?

To be frank, being outside the norm is not illegal in the United States.

It’s not illegal to be a weirdo.

Goodness knows, there are plenty of them in all 50 states.

Belonging to a weird religious cult shouldn’t disqualify one for service – at least according to the Constitution, which has a renown “no religious test” clause.

I mean, we could have, and there is no legal compunction forbidding, Moonies to serve us in our government – any government, federal, state, or local – and, that’s perfectly A-okay according to the Constitution – as it should be.

People who believe the Earth is flat could serve us in government – and while there’s not a “no scientific test” clause in our Constitution, I would imagine that most reasonable people would agree that, like the Moonies, those who believe the Earth is flat are weirdos, and extremists.

People who believe in alchemy – the fraudulent and disproven notion that gold can be made from lead, various ores, or things that do not contain elemental gold – could be elected, or appointed, and serve us in our government.

Why, even those who have belonged to the Ku Klux Klan have served on the Supreme Court – Hugo Black, an Alabamian.

And the virulently infamous racist George C. Wallace was elected as Alabama’s governor FOUR times.

Stranger things have happened.

May they never happen again.


theguardian.com

Revealed: Ex-members of Amy Coney Barrett faith group tell of trauma and sexual abuse

by Stephanie Kirchgaessner, in Washington, D.C.
Wednesday 21 Oct 2020, 0500 EDT
Last modified on Wednesday 21 Oct 2020, 2337 EDT


Amy Coney Barrett’s nomination to the supreme court has prompted former members of her secretive faith group, the People of Praise, to come forward and share stories about emotional trauma and – in at least one case – sexual abuse they claim to have suffered at the hands of members of the Christian group.

In the wake of the allegations, the Guardian has learned that the charismatic Christian organization, which is based in Indiana, has hired the law firm of Quinn Emanuel Urquhart & Sullivan to conduct an “independent investigation” into sexual abuse claims on behalf of People of Praise.

The historic sexual abuse allegations and claims of emotional trauma do not pertain specifically to Barrett, who has been a lifelong member of the charismatic group, or her family.

But some former members who spoke to the Guardian said they were deeply concerned that too little was understood about the “community” of People of Praise ahead of Barrett’s expected confirmation by the Senate next week, after which she will hold the seat formerly held by the late Justice Ruth Bader Ginsburg.

Two people familiar with the matter say that more than two dozen former members of the faith group, many of whom say they felt “triggered” by Barrett’s nomination, are participating in a support group to discuss how the faith group affected their lives.

“The basic premise of everything at the People of Praise was that the devil controlled everything outside of the community, and you were ‘walking out from under the umbrella of protection’ if you ever left,” said one former member who called herself Esther, who had to join the group as a child but then left the organization. “I was OK with it being in a tiny little corner of Indiana, because a lot of weird stuff happens in tiny little corners in this country. But it’s just unfathomable to me – I can’t even explain just how unfathomable it is – that you would have a supreme court justice who is a card-carrying member of this community.”

Barrett was not asked about her involvement in People of Praise during her confirmation hearings last week, and has never included her involvement with the group in Senate disclosure forms, but has in the past emphasized that her religious faith as a devout Catholic would not interfere with her impartiality.

People of Praise is rooted in the rise of charismatic Christian communities in the late 1960s and 1970s, which Read the rest of this entry »

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On Interpreting The Constitution

Posted by Warm Southern Breeze on Wednesday, October 21, 2020

Amy Coney Barrett before the United States Senate Committee on the Judiciary for her nomination to the United States Supreme Court

Much has been made in recent days about Judge Amy Coney Barrett, the President’s nominee to fill the vacancy on the United States Supreme Court created by the death of Justice Ruth Bader Ginsburg.

Barrett has her critics. I am one. But there are other criticisms, including of the rushed process, which I too, hold. Rushed things hardly ever have good results.

Republican Senate Majority Leader Mitch McConnell of Kentucky has indicated that the full Senate will most likely have a vote on Judge Barrett on Monday, 26 October 2020 – a mere 31 days since her nomination on 26 September 2020. In stark contrast, her initial nomination to the Federal judiciary took 5 months 24 days.

The Congressional Research Service (CRS) has published a paper entitled “Supreme Court Appointment Process: President’s Selection of a Nominee,” (R44235) first published on October 19, 2015, and updated periodically, and most recently on September 28, 2020, which answers some essentially basic questions about the nomination process, and provides background, and historical overview for the same. The “CRS serves as nonpartisan shared staff to congressional committees and Members of Congress. It operates solely at the behest of and under the direction of Congress.”

Regarding Judge Barrett’s Judicial “style” which she and others call “textualism,” and or “originalism,” it seems to me to be a rather bizarre way to think of the document which forms the foundation of our government, which has endured since it was written and ratified in the late 1700’s. Doubtless, the Founders, and those alive then could not begin to conceive of plucking stardust from an asteroid (which NASA recently did) to analyze, communicating instantaneously with someone on the opposite side of the globe using video teleconferencing on a hand-held device, traveling faster than the speed of sound, splitting the atom, and using laser light to communicate, so why would we begin to imagine that we should adhere to some arbitrary, or even capricious standard to interpret what it means to, or for us, today?

Chicago Mayor Lori Lightfoot expressed it best in this brief story, why “originalism” and “textualism” are misguided rules.

CHICAGO (WBBM NEWSRADIO) — Mayor Lori Lightfoot said she is preparing for when Amy Coney Barrett takes her seat on the U.S. Supreme Court. She was asked to share her thoughts Tuesday on the judge and minced no words.

Mayor Lightfoot was first asked if she views the U.S. Constitution as Judge Barrett does, as an “originalist.”

Originalists firmly believe all statements in the U.S. Constitution must be strictly interpreted based on the original understanding at the time the Constitution was adopted. They do not believe in the concept of a “Living Constitution” that can be interpreted in the context of current times.

“You ask a gay, black woman if she is an originalist? No, ma’am, I am not,” Lightfoot laughed.

“That the Constitution didn’t consider me a person in any way, shape or form because I’m a woman, because I’m black, because I’m gay? I am not an originalist. I believe in the Constitution. I believe that it is a document that the founders intended to evolve and what they did was set the framework for how our country was going to be different from any other.”

“But originalists say that, ‘Let’s go back to 1776 and whatever was there in the original language, that’s it.’ That language excluded, now, over 50 percent of the country. So, no I’m not an originalist.”

Mayor Lightfoot said she’s deeply worried about some of Judge Barrett’s stated views, for instance, being against gay marriage.

“I deeply worry about this woman’s stated views. She’s on the record on a number of different things, not the least of which is thinking that gay marriage is something that shouldn’t be countenanced. And she’s got soulmates in Justice Thomas and others, who think that the decision by the Supreme Court…should somehow be rolled back,” Lightfoot said.

“What should I tell my daughter — that somehow now my wife and I are no longer married? That we’re no longer legitimately recognized in the eyes of the law? That is dangerous, dangerous territory. And what about a woman’s right to choose? We’re gonna keep re-litigating this issue, and we’re gonna make abortion illegal, as Amy Coney Barrett thinks it should be?”

The Mayor also called Republicans “hypocrites” for pushing the Barrett nomination when they put off taking up the Merrick Garland nomination by President Obama.

“The hypocrisy is something that is a bitter pill for me to swallow,” Lightfoot said.

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Amy Coney Barrett Served On Gay-Hating Schools’ Board

Posted by Warm Southern Breeze on Wednesday, October 21, 2020

This is what the soft hatred of bigotry cloaked in religious garb looks like.

This revelation should come as no surprise, that a radicalized right-wing religious zealot should serve at a high level on the Board of Directors for three schools in three separate states under a common umbrella would discriminate.

Below her image are three more images of the same type thing.

This person must NOT be confirmed to the nation’s highest court!

And toward that end, perhaps it may alarm you to know that a Ku Klux Klansman has been seated on the nation’s highest court.

No, it’s not any of the current members.

It was Hugo Black, of Alabama.

https://timeline.com/hugo-black-justice-klan-4877fcf6ac75

You can read Matt Reimann’s excellently succinct August 15, 2017 article via the link above. Of note, Mr. Justice Black was also a “textualist” on matters of interpretation of the Constitution – the same thing late Justice Scalia said he was, and which Judge Barrett says she is.

The primary problem with that alleged “style” of interpretation, is that it’s nonsensical. Here’s a succinctly brief statement why from Chicago, IL Mayor Lori Lightfoot:

“CHICAGO (WBBM NEWSRADIO) — Mayor Lori Lightfoot said she is preparing for when Amy Coney Barrett takes her seat on the U.S. Supreme Court. She was asked to share her thoughts Tuesday on the judge and minced no words.

“Mayor Lightfoot was first asked if she views the U.S. Constitution as Judge Barrett does, as an “originalist.”

“Originalists firmly believe all statements in the U.S. Constitution must be strictly interpreted based on the original understanding at the time the Constitution was adopted. They do not believe in the concept of a “Living Constitution” that can be interpreted in the context of current times.

““You ask a gay, black woman if she is an originalist? No, ma’am, I am not,” Lightfoot laughed.

““That the Constitution didn’t consider me a person in any way, shape or form because I’m a woman, because I’m black, because I’m gay? I am not an originalist. I believe in the Constitution. I believe that it is a document that the founders intended to evolve and what they did was set the framework for how our country was going to be different from any other.

““But originalists say that, ‘Let’s go back to 1776 and whatever was there in the original language, that’s it.’ That language excluded, now, over 50 percent of the country. So, no I’m not an originalist.”

“Mayor Lightfoot said she’s deeply worried about some of Judge Barrett’s stated views, for instance, being against gay marriage.

““I deeply worry about this woman’s stated views. She’s on the record on a number of different things, not the least of which is thinking that gay marriage is something that shouldn’t be countenanced. And she’s got soulmates in Justice Thomas and others, who think that the decision by the Supreme Court…should somehow be rolled back,” Lightfoot said.

““What should I tell my daughter — that somehow now my wife and I are no longer married? That we’re no longer legitimately recognized in the eyes of the law? That is dangerous, dangerous territory. And what about a woman’s right to choose? We’re gonna keep re-litigating this issue, and we’re gonna make abortion illegal, as Amy Coney Barrett thinks it should be?

“The Mayor also called Republicans “hypocrites” for pushing the Barrett nomination when they put off taking up the Merrick Garland nomination by President Obama.

“”The hypocrisy is something that is a bitter pill for me to swallow,” Lightfoot said.”

Here’s an excerpt introduction from the article “A U.S. Supreme Court justice was in the Ku Klux Klan—and he remained on the bench for 34 years. Hugo Black was exposed just after his confirmation, but it made no difference.“:

The September 13, 1937 front page of the Pittsburgh Post-Gazette printed an image of Black’s KKK resignation letter.

“Hugo Black had been associate justice of the Supreme Court for less than a month when the news broke. In September of 1937, an exposé by the Pittsburgh Post-Gazette found proof of Black’s membership in the Ku Klux Klan. He had joined in September of 1923, and resigned in July, 1925, as one of his first moves before running for one of Alabama’s U.S. Senate seat. Ironically, the smoking gun was Black’s resignation letter, written in legible longhand on Klan stationery, which appeared on the paper’s front page.

“Franklin Roosevelt, who nominated Hugo Black, was implicated in the scandal, which threatened to have far-reaching consequences for the president’s New Deal image. What was once seen as shrewd politics — the New Deal-friendly textualist was confirmed with a 63–16 vote — had become a disgrace. “Millions of Americans,” wrote one Indiana newspaper, “will not forget this sole tangible accomplishment of President Roosevelt’s attempted ‘liberalization’ of the Supreme Court.”

“When asked by the press to remark on the scandal, Roosevelt brushed questions aside, saying, “I only know what I have read in the newspapers. I know that the stories are appearing serially and their publication is not complete. Mr. Justice Black is in Europe where, undoubtedly, he cannot get the full text of these articles. Until such time as he returns, there is no further comment to be made.”


apnews.com

Barrett Was Trustee At Private School With Anti-Gay Policies

By Michelle R. Smith and Michael Biesecker
October 21, 2020 at 10:51:08 AM CDT

Supreme Court nominee Amy Coney Barrett served for nearly three years on the board of private Christian schools that effectively barred admission to children of same-sex parents and made it plain that openly gay and lesbian teachers weren’t welcome in the classroom.

The policies that discriminated against LGBTQ people and their children were in place for years at Trinity Schools Inc., both before Barrett joined the board in 2015 and during the time she served.

The three schools, in Indiana, Minnesota and Virginia, are affiliated with People of Praise, an insular community rooted in its own interpretation of the Bible, of which Barrett and her husband have been longtime members. At least three of the couple’s seven children have attended the Trinity School at Greenlawn, in South Bend, Indiana.

The AP spoke with more than two dozen people who attended or worked at Trinity Schools, or former members of People of Praise. They said the community’s teachings have been consistent for decades: Homosexuality is an abomination against God, sex should occur only within marriage, and marriage should only be between a man and a woman.

Interviewees told the AP that Trinity’s leadership communicated anti-LGBTQ policies and positions in meetings, one-on-one conversations, enrollment agreements, employment agreements, handbooks and written policies — including those in place when Barrett was an active member of the board.

“Trinity Schools does not unlawfully discriminate with respect to race, color, gender, national origin, age, disability, or other legally protected classifications under applicable law, with respect to the administration of its programs,” said Jon Balsbaugh, president of Trinity Schools Inc., which runs the three campuses, in an email.

The actions are probably legal, experts said. Scholars said the school’s and organization’s teachings on homosexuality and treatment of LGBTQ people are harsher than those of the mainstream Catholic church. In a documentary released Wednesday, Pope Francis endorsed civil unions for the first time as pope, and said in an interview for the film that, “Homosexual people have the right to be in a family. They are children of God.”

Barrett’s views on whether LGBTQ people should have the same constitutional rights as other Americans became a focus last week in her Senate confirmation hearing. But her longtime membership in People of Praise and her leadership position at Trinity Schools were not discussed, even though most of the people the AP spoke with said her deep and decades-long involvement in the community signals she would be hostile to gay rights if confirmed.

Suzanne B. Goldberg, a professor at Columbia Law School who studies sexuality and gender law, said private schools have wide legal latitude to set admissions criteria. And, she said, Trinity probably isn’t covered by recent Supreme Court rulings outlawing employment discrimination against LGBTQ people because of its affiliation with a religious community. But, she added, cases addressing those questions are likely to come before the high court in the near future, and Barrett’s past oversight of Trinity’s discriminatory policies raises concerns.

“When any member of the judiciary affiliates themselves with an institution that is committed to discrimination on any ground, it is important to look more closely at how that affects the individual’s ability to give all cases a fair hearing,” Goldberg said.

The AP sent detailed questions for Barrett to the White House press office. Rather than providing direct answers, White House spokesman Judd Deere instead accused AP of attacking the nominee.

“Because Democrats and the media are unable to attack Judge Barrett’s sterling qualifications, they have instead turned to pathetic personal attacks on her children’s Christian school, even though the Supreme Court has repeatedly reaffirmed that religious schools are protected by the First Amendment,” Deere said in an email.

Nearly all the people interviewed for this story are gay or said they have gay family members. They used words such as “terrified,” “petrified” and “frightening” to describe the prospect of Barrett on the high court. Some of them know Barrett, have mutual friends with her or even have been in her home dozens of times. They describe her as “nice” or “a kind person,” but told the AP they feared others would suffer if Barrett tries to implement People of Praise’s views on homosexuality on the Supreme Court.

About half of the people asked not to be identified for fear of retaliation against themselves or their families from other members of People of Praise, or because they had not come out to everyone in their lives. Among those interviewed were people who attended all three of its schools and who had been active in several of its 22 branches. Their experiences stretched back as far as the 1970s, and as recently as 2020.

NOT WELCOME

Tom Henry was a senior at Trinity School in Eagan, Minnesota, serving as a student ambassador, providing tours to prospective families, when Barrett was an active member of the board.

In early 2017, a lesbian parent asked him whether Trinity was open to gay people and expressed concern about how her child would be treated.

Henry, who is gay, said he didn’t know what to say. He had been instructed not to answer questions about People of Praise or Trinity’s “politics.”

The next day, Henry recalled, he asked the school’s then-headmaster, Jon Balsbaugh, how he should have answered. Henry said Balsbaugh pulled a document out of his desk drawer that condemned gay marriage, and explained it was a new policy from People of Praise that was going into the handbook.

“He looked me right in the eye and said, the next time that happens, you tell them they would not be welcome here,” Henry recounted. “And he said to me that trans families, gay families, gay students, trans students would not feel welcome at Trinity Schools. And then he said, ‘Do we understand each other?’ And I said, yes. And I left. And then I quit the student ambassadors that day.”

Balsbaugh, who has since been promoted to president of Trinity Schools Inc., says his recollection of the conversation “differs considerably,” but declined Read the rest of this entry »

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Judging Amy: Is Amy Coney Barrett A Right-Wing Radical?

Posted by Warm Southern Breeze on Monday, October 19, 2020

With the nomination and practical acceptance of Amy Coney Barrett being ramrodded through roughshod by the Republicans, it’s almost a practical assurance that the Judge from the 7th U.S. Circuit Court of Appeals will fill the seat vacated by the recent death of Justice Ruth Bader Ginsburg.

It’s worth noting that the Federal Judicial Center “the research and education agency of the judicial branch of the United States Government,” notates her history (to date) as being a “nominated to the bench as Judge, to the U.S. Court of Appeals for the Seventh Circuit, was by POTUS Donald J. Trump on May 8, 2017, to a seat vacated by John Daniel Tinder. She was confirmed by the Senate on October 31, 2017, and received commission on November 2, 2017.”

So if she’s approved to be a Justice on the Supreme Court, it will have been done in less time than it took for her original nomination to be confirmed to the Federal judiciary – 5 months 24 days, versus 3 weeks 3 days/24 calendar days (to date), and counting.

Amy Coney Barrett at investiture to the Federal bench, the 7th U.S. Circuit Court of Appeals.

Proceeding therefrom, it now appears that the Supreme Court of the United States (SCOTUS) will no longer be tilting at windmills, but instead, will be significantly tilting toward the far right side of the political spectrum – the right-wing nut job side.

So, given that Judge Barrett, whom for one year clerked for late Justice Antonin Scalia, well-known for his interpretive style on the court – which he called “originalism,” and “textualism” – we can expect more nonsensical rulings in the 40+ years to come, the time for which she could reasonably be expected to rule.

Just like Neil Gorsuch’s infamous “Frozen Trucker” case.

And just so you’ll know – not that you would know – there’s a rather telling, and disturbing side of Judge A.C. Barrett’s judicial perspective, and interpretive style.

Case in point to illustrate: Kanter v Barr – a case in which she dissented involving a man who pleaded guilty to one count of a Federal Felony – mail fraud involving Medicare.

In the court’s ruling – an “en banc” decision, involving three judges – they wrote that: Read the rest of this entry »

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Alabama Proves To America Racism IS Alive And Well

Posted by Warm Southern Breeze on Saturday, October 17, 2020

Is it irony, or mere coincidence that these events are happening in the former “slave states” in the Deep South?

Is it irony, or mere coincidence that these events are practically all created by Republicans?

Is it irony, or mere coincidence that these events are being given the thumbs-up by a largely Republican Supreme Court?


propublica.org

Why Do Non-White Georgia Voters Have to Wait in Line for Hours? Their Numbers Have Soared, and Their Polling Places Have Dwindled.

by Stephen Fowler, Georgia Public Broadcasting
Oct. 17, 2020
5 a.m. EDT


Congress works for you. Learn how to be a better boss with the User’s Guide to Democracy, a series of personalized emails about what your representatives actually do.

This article is co-published by ProPublica, Georgia Public Broadcasting and National Public Radio.


Kathy spotted the long line of voters as she pulled into the Christian City Welcome Center about 3:30 p.m., ready to cast her ballot in the June 9 primary election.

Hundreds of people were waiting in the heat and rain outside the lush, tree-lined complex in Union City, an Atlanta suburb with 22,400 residents, nearly 88% of them Black. She briefly considered not casting a ballot at all, but decided to stay.

By the time she got inside more than five hours later, the polls had officially closed and the electronic scanners were shut down. Poll workers told her she’d have to cast a provisional ballot, but they promised that her vote would be counted.

“I’m now angry again, I’m frustrated again, and now I have an added emotion, which is anxiety,” said Kathy, a human services worker, recalling her emotions at the time. She asked that her full name not be used because she fears repercussions from speaking out. “I’m wondering if my ballot is going to count.”

By the time the last voter finally got inside the welcome center to cast a ballot, it was the next day, June 10.

The clogged polling locations in metro Atlanta reflect an underlying pattern: The number of places to vote has shrunk statewide, with little recourse. Although the reduction in polling places has taken place across racial lines, it has primarily caused long lines in non-White neighborhoods where voter registration has surged and more residents cast ballots in person on Election Day. The pruning of polling places started long before the pandemic, which has discouraged people from voting in person.

In Georgia, considered a battleground state for control of the White House and U.S. Senate, the difficulty of voting in Black communities like Union City could possibly tip the results on Nov. 3. With massive turnout expected, lines could be even longer than they were for the primary, despite a rise in mail-in voting and Georgians already turning out by the hundreds of thousands to cast ballots early.

Since the U.S. Supreme Court’s Shelby County, Alabama v. Holder decision in 2013 eliminated key federal oversight of election decisions in states with histories of discrimination, Georgia’s voter rolls have grown by nearly 2 million people, yet polling locations have been cut statewide by nearly 10%, according to an analysis of state and local records by Georgia Public Broadcasting and ProPublica. Much of the growth has been fueled by younger, non-White voters, especially in nine metro Atlanta counties, where four out of five new voters were non-White, according to the Georgia secretary of state’s office.

The metro Atlanta area has been hit particularly hard. The nine counties — Fulton, Gwinnett, Forsyth, DeKalb, Cobb, Hall, Cherokee, Henry and Clayton — have nearly half of the state’s active voters but only 38% of the polling places, according to the analysis.

As a result, the average number of voters packed into each polling location in those counties grew by nearly 40%, from about 2,600 in 2012 to more than 3,600 per polling place as of Oct. 9, the analysis shows. In addition, Read the rest of this entry »

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Amy Coney Barrett: Will she follow the law of recusal?

Posted by Warm Southern Breeze on Thursday, October 15, 2020

Judge Amy Coney Barrett, the President’s nominee to be a Supreme Court Justice, has dodged the question of recusal on any potential case which might come before her which would be brought by the President on any matter pertaining to the 2020 General Election. She dodged because she replied that she would follow the law of recusal.

She said in part that, “I commit to you to fully and faithfully applying the law of recusal. … I will apply the factors that other justices have before me in determining whether the circumstances require my recusal or not. But I can’t offer a legal conclusion right now about the outcome of the decision I would reach.”

When asked about the law of recusal, she said in part that, “I can’t offer an opinion on recusal without short-circuiting the entire process.”

When specifically asked about election cases, she stated to the effect that it wasn’t a question she could answer “in the abstract.”

Obviously, she is aware of the law’s requirements, but what is concerning is if she will obey (follow) the law.

There could be an argument made that she has no interest in the case, per se, at least insofar as she was not a member of the President’s administration, nor had she done any work for him.

There are several disconcerting aspects of this matter, none of which concern her judicial temperament, nor her judicial philosophy, nor her rulings. First is that she has allowed herself to be used by the GOP and the President to force her, as their nominee, through the confirmation process in the midst of an ongoing election. Already, millions of people have voted.

Secondarily is Republican Senate Majority Leader Mitch McConnell’s actions, in conjunction with the President’s efforts, to rush the nominee through the process. Rushed things are rarely done with high quality, or long-term thoughtfulness. Further, that “Moscow” Mitch McConnell has deliberately stalled, or “killed” well over 400 bills from the House of Representatives is prima facie evidence of his contempt for the Constitution, and legislative process. And that he has similarly refused to act upon any bill which would first, and foremost, deal with the matter of the coronavirus, aka COVID-19, and the needs of the people for their health, their needs for economic sustenance, and more, is again, hard-core evidence not merely of a lack of caring, but is an abandonment of his responsibilities to the American people, not merely to the citizens of Kentucky whose interests he is supposed to represent.

To the extent that Amy Coney Barrett participates in that wretched process, she is complicit in it all. She has, in effect, become a political tool, and is doing so knowingly.

Were she to have requested a delay of her hearings until after the election – a delay of a few mere weeks – she would likely have not garnered such opposition. For she is, in my considered estimation, more than a well-qualified jurist, and would be a good addition to the United States Supreme Court. Even 88 University of Notre Dame faculty members wrote an open letter to her, stating that it was “vital” that she “issue a public statement calling for a halt to your nomination process until after the November presidential election.”

In the letter, those faculty members also wrote in part that, “The rushed nature of your nomination process, which you certainly recognize as an exercise in raw power politics, may effectively deprive the American people of a voice in selecting the next Supreme Court justice,” and stated that “you can refuse to be party to such maneuvers. We ask that you honor the democratic process and insist the hearings be put on hold until after the voters have made their choice.”

And goodness knows, we need more legal diversity on the nation’s highest court, and I don’t mean to refer to sex, ethnicity, or any physical factor – I mean to refer to the schools of law which the nominees have attended. And as she herself has noted,

“I would be the first mother of school-age children to serve on the Court. I would be the first Justice to join the Court from the Seventh Circuit in 45 years. And I would be the only sitting Justice who didn’t attend law school at Harvard or Yale. I am confident that Notre Dame will hold its own, and maybe I could even teach them a thing or two about football.”

Would she be my pick?

Perhaps not, but again, it is the rushed nature of this event which is most exceedingly distasteful. Hypocrisy has neither a pleasing aroma, nor taste.

Finally, there are other matters concerning the Supreme Court which desperately need to be addressed, which undoubtedly will not have an opportunity to be discussed simply because of the Senate Majority Leader’s deliberately destructive tactics to “kill” legislation.

The verbatim transcript of her remarks has not yet been prepared by the Congressional Record. When it is ready, it will appear here:
https://www.congress.gov/event/116th-congress/senate-event/328163?s=1&r=8

Hearings to examine the nomination of Amy Coney Barrett, of Indiana, to be an Associate Justice of the Supreme Court of the United States. 116th Congress (2019-2020)

Committee: Senate Judiciary
Related Items: PN2252
Date: Tuesday October 13, 2020 (9:00 AM EDT)
Location: 216 Hart Senate Office Building, Washington, D.C.
Website: https://www.judiciary.senate.gov/

And so, for your benefit, here is the law of recusal to which she referred. You can, and should, read it for yourself. It’s not difficult to understand, and is straightforward, without mumbo jumbo jargon.

28 USC 455: Disqualification of justice, judge, or magistrate judge
Text contains those laws in effect on October 12, 2020

From Title 28-JUDICIARY AND JUDICIAL PROCEDURE

PART I-ORGANIZATION OF COURTS
CHAPTER 21-GENERAL PROVISIONS APPLICABLE TO COURTS AND JUDGES

Jump To:
Source Credit
Amendments
Change of Name
Effective Date

§455. Disqualification of justice, judge, or magistrate judge

(a) Any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.

(b) He shall also disqualify himself in the following circumstances:

(1) Where he has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding;

(2) Where in private practice he served as lawyer in the matter in controversy, or a lawyer with whom he previously practiced law served during such association as a lawyer concerning the matter, or the judge or such lawyer has been a material witness concerning it;

(3) Where he has served in governmental employment and in such capacity participated as Read the rest of this entry »

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Why Amy Coney Barrett Is Unqualified

Posted by Warm Southern Breeze on Thursday, October 8, 2020

True to form, radicalized, far right-wing political extremists are portraying Judge A.C. Barrett as a victim. The “poor, pitiful me” routine has taken hold in the GOP, Tea Party and other such ilk. Self loathing has never been more popular, it seems. But it does seem rather peculiar that it should find residence in the right, when for years we’ve been told that it is the political left who are such whiners and crybabies.

Aaaah… the political hypocrisy! You can smell the stench of its cooking all the way from the banks of the Potomac in Washington, D.C.

And the blindly vicious ambition! Its unmitigated violence permeates the miasmatic ether surrounding the city, all the way to the Chesapeake Bay, and beyond.

They’re both forms of pollution which Congress continues to ignore, and which are far more damaging than even dirty water, or air. For their poison, while not permanent like PFOS or PFAS, the man-made “forever chemicals” used in making non-stick coatings which are found even in newborns’ blood, there are few, if any, filters to remove such contaminants from the necessary processes we employ to govern ourselves.

While “organic,” such contaminants are far from resembling a healthy backyard compost pile where grass clippings, leaves, eggshells, coffee grounds, vegetable peelings, and other such items begin their transformation process to become rich humus, fertile soil for vegetable and plant growth. Their forms, while neither ephemeral, nor impermanent, per se, are causative of other illnesses and diseases transmitted even to the 3rd and 4th generations, and beyond – all preventable – and must be guarded against by every generation.

The only difference being, is that disorders caused by those infections are preventable by conscience, not by manufacture. And the inoculation against such infection and affliction is love.

“Contrary to the impression many have of Barrett, what is most striking about her record is not the looming specter of theocracy, but her enduring opposition to what many Christians believe justice and mercy demand, presented under the aspect of originalism — an ersatz catechism, written in the pages of her judicial opinions, that fuses the political aims of the religious right with the constitutional theories of the late Antonin Scalia.”

There is NO “war” against religious faith in this nation, nor has there ever been. Neither has there ever been any alleged “war against Christmas” by our government, nor by its elected officials and administrators… like Federal judges, and other lifetime appointees. Although, it is curious how an officially non-sectarian, non-religious government sponsors a Federal holiday acknowledging a deity, thereby giving deference, homage and support to the same.

Judge Amy Coney Barrett, United States Court of Appeals for the Seventh Circuit

Rather, our Founders, not all of whom were religious-minded, were cognizant of others’ desires to express themselves through the practice of a privately-held conviction of faith – if they so chose – collectively and individually, according to the dictates of their conscience, and allowed to the greatest extent possible the practice of the same, without impingement upon the practices of government, and without obtruding upon others, who might, or not, agree with them. The Founders thought that aspect of individual liberty was so inherent, so inviolable, so sacrosanct to the public good, that they ensconced it, along with a few others, and made it and them First, and foremost among all others which followed.

Our fundamental foundational governing document, the Constitution, ensures and guarantees rights to Read the rest of this entry »

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Trump Move Guarantees American Economic Devastation

Posted by Warm Southern Breeze on Tuesday, October 6, 2020

Alternate headline:
Trump Fucks Over America

“I have instructed my representatives to stop negotiating until after the election when, immediately after I win, we will pass a major Stimulus Bill that focuses on hardworking Americans and Small Business,” Tweeted his highness, the Twitterer in Chief, and Chief Twidiot on Twitter the day after returning from a weekend hospital stay at Walter Reed National Military Medical Center where he was treated for COVID-19.

His hypocrisy marks a 180° reversal from the weekend when Trump pushed for negotiators to reach an agreement, telling them to “GET IT DONE.”

The SOB in Chief just cut his own throat -and- that of every other GOPer in every down-ballot race in America.

He CONTINUES to shoot himself in the feet, and America in the head and back – execution style.

Expect a🌊BLUE🌊TSUNAMI🌊in November!!

By his intransigence, he has now set America on a guaranteed one-way course to GREAT DEPRESSION II.

And that EVEN AFTER Federal Reserve Chairman Jerome Powell warned of PERMANENT economic damage if additional support was not forthcoming.

Trump in the Presidential office of Walter Reed

The move marks a risky gamble Read the rest of this entry »

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“The Notorious RBG” – A Very Short Story

Posted by Warm Southern Breeze on Friday, September 25, 2020

The Supreme Court, and the legal profession in general, are steeped in tradition – perhaps even more so than the United States Senate.

If you’ve ever heard any of the oral arguments before the nation’s highest court, you’ve likely heard the opening remark, “Mr. Chief Justice, may it please the court.”

However, if you’ve never heard an oral argument, you’re fortunate to be living in this age, because oral arguments in the nation’s highest court are recorded and archived for posterity sake. Audio recordings of the arguments may be found Read the rest of this entry »

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Potential Supreme Court Nominee: Right Turn Only?

Posted by Warm Southern Breeze on Monday, September 21, 2020

It’s said that, “a picture is worth 1000 words.”

In that case, here are two.

And 822 words.


The Supreme Court may be about to take a hard-right turn
If Donald Trump manages to install a new justice
September 21st 2020

RUTH BADER GINSBURG, the trailblazing liberal justice who died aged 87 on September 18th, will lie in repose at the top of the Supreme Court’s steps on Wednesday and Thursday. As mourners pay their respects, Donald Trump and his advisers will be huddling a few miles across town to pick a nominee to replace her. The choice, Mr Trump said on September 21st, will be revealed on Friday or Saturday — days before Ms Ginsburg is to be buried in a private ceremony at Arlington National Cemetery alongside Martin, her spouse of 56 years, an Army veteran who died in 2010.

Though she gained widespread celebrity as a lion of the liberal legal movement later in her career, Ms Ginsburg arrived at the Supreme Court as a moderate in 1993. The president who tapped her, Bill Clinton, said “she cannot be called a liberal or a conservative” as she has “proved herself too thoughtful for such labels”. Indeed, several progressive groups, including the Alliance for Justice, expressed misgivings at the time that she might not be bold enough on the bench.

Those worries gradually ebbed as Ms Ginsburg began a steady path to the left, leaving her, at the end of her career, paired with Sonia Sotomayor as the more progressive half of the liberal quartet of justices. But with Mr Trump in the White House Read the rest of this entry »

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Lindsey Graham’s Blatant Hypocrisy

Posted by Warm Southern Breeze on Sunday, September 20, 2020

South Carolina Republican Senator Lindsey Graham is a hypocrite, and a liar… just like his narcissistic miscreant misleader, Donald “DJ” Trump, aka POS45.

In comments lasting about 6 minutes on March 10, 2016, before the Senate Judiciary Committee, Senator Graham said in pertinent part,

“I want you to use my words against me:
If there’s a Republican president in 2016,
and a vacancy occurs in the last year of the first term,
you can say ‘Lindsey Graham said,
‘Let’s let the next President,
whoever it might be,
make that nomination,”
and you could use my words against me,
and you’d be absolutely right.”

– South Carolina Republican Senator Lindsey Graham, to the Senate Judiciary Committee March, 10, 2016

See and hear Graham’s full comments before the Senate Judiciary Committee on C-SPAN:
https://www.c-span.org/video/?c4907933/user-clip-sc-sen-lindsey-graham-judiciary-committee

It wasn’t the first time he’d made such remarks.

On Wednesday, October 3, 2018 in an interview with Jeffrey Goldberg, Editor in Chief of The Atlantic, at The Atlantic Festival in Washington, D.C., Graham said in pertinent part that,

“If an opening comes in the last year of President Trump’s term and the primary process is started,
we’ll wait for the next election.”

Here’s an excerpt of the pertinent part of that interview which has become part of an ad exposing Graham’s lying hypocrisy, and opposing his re-election.

Here’s a link to the entire interview.
https://www.facebook.com/kjrhtv/videos/lindsey-graham-speaks-at-the-atlantic-festival/540166143063397/

Graham also promised that if he became Chairman of the Judiciary Committee that he would maintain that precedent.

Well, guess what?

Lindsey Graham is now Chairman of the Judiciary Committee.

And what is he now saying?

Things are different now, and that instead, he will support the President’s nominee.

Here’s a recent Tweet published by him Saturday, 19 September 2020 of him attempting to explain away his twice former promises and position to adhere to his promise of not promoting a SCOTUS nominee during an election season.

I’m rather certain that’s called “hypocrisy.”

And that’s but one reason why the GOP will lose the Senate, gain the White House, and strengthen their hold on the House of Representatives.

 


Sen. Graham’s challenge: Fill a court seat and save his own

By Meg Kinnard
Sunday, 20 September 2020

COLUMBIA, S.C. (AP) — Few members of the Republican Party have taken a political journey as long as Lindsey Graham’s, from ridiculing Donald Trump as a “race-baiting, xenophobic, religious bigot” to becoming one of the president’s fiercest defenders in Congress, as well as a regular golf partner.

Graham has long been known to have flexible politics, and that has served him well in South Carolina for decades. But this November may be his toughest test yet as he seeks reelection and explains to voters how, as chairman of the Senate Judiciary Committee, he will push for Trump’s Supreme Court nominee on the president’s aggressive timetable, when the senator was so clearly — even defiantly — opposed to that approach as recently as two years ago, even demanding that he be called out for hypocrisy if he switched.

He switched.

“The rules have changed as far as I’m concerned,” Graham said Saturday.

It falls to Graham, as committee chairman, to vet Trump’s pick to replace the late Justice Ruth Bader Ginsburg and Read the rest of this entry »

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Sen. Lindsey Graham on SCOTUS pick: “I want you to use my words against me.”

Posted by Warm Southern Breeze on Sunday, September 20, 2020

“I want you to use my words against me:
If there’s a Republican president in 2016,
and a vacancy occurs in the last year of the first term,
you can say ‘Lindsey Graham said,
‘Let’s let the next President,
whoever it might be,
make that nomination,”
and you could use my words against me,
and you’d be absolutely right.”

– South Carolina Republican Senator Lindsey Graham, to the Senate Judiciary Committee March, 10, 2016

https://www.c-span.org/video/?c4907933/user-clip-sc-sen-lindsey-graham-judiciary-committee

BACKGROUND: Supreme Court Justice Antonin Scalia had earlier died unexpectedly during his sleep while on a hunting trip in Texas on February 3, 2016, thus creating an opening on the nation’s highest court. Within an hour of the national notice of Justice Scalia’s death, Senate Republican Majority Leader Mitch McConnell (KY) had issued a statement to the effect that he would not grant any consideration (floor vote) to any nominee from President Barack Obama.

Republican Senator Chuck Grassley of Iowa, Chairman of the Senate Judiciary Committee, had made his intentions known that he would follow the so-called “Biden Rule,” which referred to then-Delaware Senator Joe Biden’s speech on the Supreme Court confirmation process, given June 25, 1992 on the Senate floor. [C-SPAN linked video]

NOTE: Senator Biden’s verbatim remarks on Thursday, June 25, 1992 may be found in the Congressional Record, Volume 138, part 12, beginning on page 16307, and continuing through to page 16321. At that point, Senator Strom Thurmond of South Carolina began to make his responses, all of which are found on page 16321. The file may also be downloaded from this site here: Congressional Record Senate 6-25-1992 Biden–Reform of Confimation Process speech aka “Biden Rule”

In that speech, Biden argued that then-President George H.W. Bush should wait until after the November General Election to put forth any nominee to any potential Supreme Court vacancy which might arise during the summer, or if not, should establish a precedent, and nominate a moderate whom would be acceptable to the then-Democrat-controlled Senate.

Republicans later began to refer to that concept as the “Biden rule,” though Biden reiterated that he had always thought that the President and Congress should “work together to overcome partisan differences” when considering judicial nominees.

South Carolina Senator Lindsey Graham, (R)

Linked above from C-SPAN are South Carolina Republican Senator Lindsey Graham’s full remarks (approximately 6 minutes) to the Senate Judiciary Committee on March 10, 2016 on the matter of consideration of SCOTUS nominees in an election year.

In his remarks, he noted that he had voted FOR Elena Kagan, and Sonia Sotomayor NOT because he agreed with them ideologically, but because he thought they were qualified.

In those same remarks, he also warned also of an increasing tendency of the Senate toward rancor, like in the House of Representatives, and of ideological partisanship accompanying judicial nominees, some of which COULD in the FUTURE be significantly detrimental to the nation because of a nominee’s unfitness for the bench, and an ideological unwillingness of the controlling party to compromise, or for an unwillingness of dissenting members in the controlling party to vote against an unqualified candidate put forth by the controlling party.


C-SPAN VIDEO DESCRIPTION: The Senate Judiciary Committee held a business meeting on whether to hold a hearing on a Supreme Court justice nomination to replace Justice Antonin Scalia. Committee Chair Chuck Grassley (R-IA) said Read the rest of this entry »

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“My most fervent wish is that I will not be replaced until a new president is installed.” – Ruth Bader Ginsburg, SCOTUS Justice

Posted by Warm Southern Breeze on Friday, September 18, 2020

Supreme Court Justice Ruth Bader Ginsburg (1933-2020), aka “The Notorious R.B.G.,” has died.

https://www.npr.org/2020/09/18/100306972/justice-ruth-bader-ginsburg-champion-of-gender-equality-dies-at-87

May she rest in peace, and her memory be blessed.

Supreme Court Justice Ruth Bader Ginsburg (1933-2020)


Now, on to the matter at hand.

It’s time to study history once again.

The so-called “McConnell Rule,” which was actually no rule at all, but a political ploy by the Republican Senate Majority Leader from Kentucky, should be considered.

After all, turn about it fair play, and paybacks are hell.

But, before we continue in detail, NPR, which first reported the story of Justice Ginsburg’s death, wrote this:

“Just days before her death,
as her strength waned,
Ginsburg dictated this statement to her granddaughter Clara Spera:

“My most fervent wish is that I will not be replaced until a new president is installed.”

Justice Ginsburg was referring to comments that McConnell made following the unexpected death of SCOTUS Justice Antonin Scalia, while on a hunting trip in Texas on February 13, 2016.

And I mean to refer specifically to those comments.

Scalia’s body wasn’t even proverbially cold yet, and preparations for disposition of his mortal remains, and burial hadn’t even begun to be made, and the noxious Senator from Kentucky was already shooting off his mouth. Read the rest of this entry »

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The Pornographer and The Preacher

Posted by Warm Southern Breeze on Tuesday, September 1, 2020

Jerry Falwell, Jr. in the Bahamas July 2019, Instagram post

If “the farmer and the cowman should be friends,” then the pornographer and the preacher should be too.

Turns out, they did become friends.

By now, if you’ve not heard the name Jerry Falwell, some might wonder what cave in Tora Bora you’ve been hiding in for the last 40 years, or so.

And, if you enjoy any late-night teevee humorists – such as Stephen Colbert, John Oliver, Jimmy Fallon, Trevor Noah, Jimmy Kimmel, Seth Meyers, Samantha Bee, Bill Maher, etc., Johnny Carson, Jay Leno, David Letterman, and Conan O’Brien are ancient history – you should continue reading.

And if you don’t, you should STILL continue reading.

Why?

Freedom.

Because you do like it that way, don’t you?

Publisher Larry Flynt with the parody ad mocking Rev. Jerry Falwell, Sr., which initiated Falwell’s lawsuit against the magazine Hustler, and Flynt, its publisher. The case wound its way to the Supreme Court, and enjoyed a rare unanimous decision in Flynt’s favor.

First, some background:

There are now three men who’ve been named Jerry Falwell:
1.) The Reverend Jerry Falwell, Sr. (1933-2007)

2.) Jerry Falwell, Jr., (b.1962) an attorney/real estate developer who is the first born, and son of Jerry Falwell

3.) Jerry “Trey” Falwell, III (b.), the first born and son of Jerry Falwell, Jr.

It’s all your fault.

The Reverend started it all.

He started Thomas Road Baptist Church in Lynchburg, Virginia.

He started the now-long-defunct religious political action group called the “Moral Majority.”

And, he started Liberty University.

He handed the keys of Liberty University to Jerry, Jr., while he handed the keys of the Thomas Road Baptist Church to son Jonathan.

The parody/satire ad in Hustler magazine that started it all. The parody is clearly marked as such at the center bottom, and is listed in the contents section as parody/satire, and states “not to be taken seriously.”

Good ol’ country boys

Like Falwell, Larry Flynt was good Southern boy, having been born in the hills and hollers of Eastern Kentucky in Lakeville, Magoffin County, while Falwell was born in Lynchburg, Virginia – about 216 miles from each other as the crow flies… or a 6+/- hours drive not-so directly East-West from each other. There’s hills and hollers throughout the area, you know. They happen to be called the Appalachians, for short. It’s hard to have a straight road in those mountainous areas.

Like Father, Not Like Son

Part of the greater underlying irony of the matter involving the Rev. Falwell, Sr., is that Read the rest of this entry »

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Consistently Reaffirmed

Posted by Warm Southern Breeze on Saturday, August 15, 2020

Here’s another argument for the jus soli case for citizenship, versus the jus sanguinis.

Just in the case you may not be aware of the two terms’ meaning, they are Latin literally interpreted as “law of soil,” and “law of blood,” more commonly referred to as “by soil,” and “by blood,” respectively, and refers to the principle of citizenship being obtained from the location of one’s birth, and of citizenship obtained through ancestry of one’s parents’ citizenship.

Here’s a simple explanation to further clarify:
• Under the principle of jus soli, one who is born in San Francisco, California is a citizen of that city, state, and of the United States.
• Under the principle of jus sanguinis, one who is born in San Francisco to parents of Indian and Jamaican extraction is Indian and Jamaican.

Once again, jus soli refers to “the principle that a person’s nationality at birth is determined by the place of birth,” while jus sanguinis refers to “the principle that a person’s nationality at birth is the same as that of his natural parents.”

Historically, jus sanguinis came from Roman law, whereas jus soli came from English common law.

Before proceeding further, some background is helpful for greater understanding.

Kamala Harris with her Jamaican grandmother Miss Chrishy in Browns Town Jamaica

The jus soli system, sometimes also referred to as the “birthright citizenship” system, is common in developed nations that desire to increase the number of their own citizens (population).

A few nations that use jus soli are:
• Argentina
• Barbados
• Brazil
• Canada
• Colombia
• Jamaica
• Mexico
• Pakistan
• Peru
• United States
• Uruguay

Several European nations follow the principle of jus sanguinis, which generally means that citizenship is conferred by birth, and is obtained from a parent who is already a citizen of, or naturalized in that nation. The principle of jus sanguinis is contrary to jus soli because, according to the principle, the mere fact that a person is born in a nation does not, in and of itself, confer citizenship.

Some European nations that use jus sanguinis are:
• France
• Germany
• Greece
• Ireland
• Luxembourg
• Portugal
• Romania
• Spain
• United Kingdom

Some nations have a blend of the two – soli, and sanguinis – although one is typically predominate.

If a nation adheres to the “jus sanguinis” or right of blood system, the child inherits a parent’s citizenship. So, for example, if your father and mother were each from a different jus sanguinis nation and you were born in a jus soli jurisdiction, you would be able to claim citizenship in three countries.

And, as is often the case, there are exceptions to whatever rule a nation follows because of treaties with other nations, including, for example, the determination of citizenship of children born to foreign diplomats, who are recognized as being citizens of the country that sent their parents there, as is done in the United States.

As well, people born on a foreign flagship or airliner are entitled to claim citizenship in the country under whose flag the vessel was registered.

The 14th Amendment, Section 1 states, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall Read the rest of this entry »

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Right and Left Wing Agree: Term Limit Supreme Court Justices

Posted by Warm Southern Breeze on Saturday, November 30, 2019

October 26, 2016; South Bend, Indiana Mayor Pete Buttigieg

What if I told you that, as things now stand, there’s not a nickel’s worth of difference between the Democrats and Republicans?

Surveying the political landscape, the policy matters that invariably find their way into political discourse are eerily similar.

For example, South Bend, Indiana Mayor Pete Buttigieg, a candidate for the Democratic party’s presidential nominee, in an interview with Cosmopolitan magazine October 24, 2019, said of the Supreme Court that,

“Another approach would be to have term limits. You know, Supreme Court justices, they used to just retire like everybody else. But now, we have these strange scenarios of people clinging, almost seeming to cling on for dear life because they want to make sure that they leave the bench under the right presidency. And this would help deal with that issue. Someone suggested that we rotate judges on and off the appellate bench.”

Chief Justice John Roberts’ opinion from before he was on the SCOTUS was quoted in National Review November 24, 2019, that,

“Chief Justice John Roberts (appointed by George W. Bush) and Justice Stephen Breyer (appointed by Bill Clinton) have both indicated support for the idea. In a 1983 memo written when he served in the Reagan White House, Roberts wrote: “Setting a term of, say, 15 years would ensure that federal judges would not lose all touch with reality through decades of ivory tower existence.”

Superficially, one might say that “Mayor Pete,” as he’s known, and “Mr. Chief Justice,” as CJ Roberts is known, are Read the rest of this entry »

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The SCOTUS gets FUCT – but not FCUK – for a day.

Posted by Warm Southern Breeze on Sunday, April 21, 2019

And based upon the outcome, we could get fuct for a lifetime.

Think about it…

Only 5ive people decide the fate of a nation with very nearly 329,000,000 people – which is the 3rd most populous nation on Earth.

5ive.

Just 5ive Justices, that is, who are appointed to life-time jobs – which, when first written, was NOT in the clause which states in Article III Section 1. that “The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.”

When the SCOTUS (Supreme Court of the United States) was formed by the Constitution in Article III, and after the first U.S. Census was taken in 1790, there were found to be 3,929,214 people in this land.

Fast forward 230 years.

In 2017, New York City’s estimated population was 8,622,698.
Los Angeles’ estimate was 3,999,759.

Chicago’s was 2,716,450.
Houston’s was 2,312,717.

Phoenix’ was 1,626,078.
Philadelphia was 1,580,863.
San Antonio was 1,511,946.

San Diego was 1,419,516.
Dallas was 1,341,075.
San Jose was 1,035,317.

So perhaps you’re beginning to get the point – and now you Read the rest of this entry »

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Racism Rampant In The South

Posted by Warm Southern Breeze on Thursday, March 21, 2019

Rampant racism continues in our United States, especially and particularly in the South.

Or, so it seems.

One would’ve hoped for “a more perfect union,” especially by now.

But, that’s progress, and “progress” is a dirty word to many – especially to Southerners – whose loathsome contempt of, and resistance to change is as ignobly infamous as their Lost Cause (of the Confederacy) following defeat in our nation’s Civil War.

Curtis Flowers was tried for the SAME crime SIX times in Mississippi. If that doesn’t violate the intent of the “Double Jeopardy” clause of the Constitution, I don’t know what does. (Image from Mississippi Department of Corrections.)

Synopsis: A Mississippi Death Row inmate was prosecuted SIX times for the SAME crime by a prosecutor with a history of racial bias in jury selection.

The case was SO egregious, that the sole, long-silent Southerner, and only Black SCOTUS Justice, Clarence Thomas, who has for many years maintained literal silence on the bench, asked a question – the last question he asked was THREE YEARS AGO.

NPR wrote that arguments before the SCOTUS Justices in this case were “more passionate and fact-filled than usual.” (SCOTUS case transcript linked above, and here: SCOTUS case Curtis Giovanni Flowers v Mississippi 17-9572)

The case the Justices heard Wednesday, 20 March 2019, involved the conduct of Montgomery County District Attorney Doug Evans, in the tiny town of Winona, Mississippi, and his relentless pursuit of a conviction of Curtis Flowers.

With a population well under 5000, Winona is practically a village, and of the modestly-sized tiny town, NPR wrote that it’s a place “where everybody knows everybody.”

Curtis Giovanni Flowers is a black man who had NO prior arrests or convictions before he was arrested and accused of a quadruple murder in the town.

After Flowers’ arrest, he was Read the rest of this entry »

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Healthcare, Marijuana, Medicare For All, Voting Rights, And More

Posted by Warm Southern Breeze on Friday, March 1, 2019

This prospective legislation (linked below) is “…an indication of the overall appetite for progressive policies in the 2020 Democratic primary race.”

And, it’s about damn time!

Vermont Senator Bernie Sanders -I

I’m sick & tired of hearing folks say that there’s not a nickel’s worth of difference between the Democrats and the Republicans. And face it… if it weren’t for Bernie leading the way last General Election cycle, we very likely wouldn’t be hearing this kind of talk. Seriously.

 

And, while Sen. Kamala Harris exceeded Bernie’s 2016 fundraising “haul” by raising $1.5M in the first 24 hours following announcement of candidacy, Bernie outdid himself this time by raising $6M in 24 hours. THAT is SIGNIFICANT! And, it says that the number of those who believed in him last time, have increased. Plus, he already has the campaign people and mechanisms in place, whereas others – including Harris – do not.

California Senator Kamala Harris -D

I think it’ll be interesting to see how all this shakes out.

Of course, Joe Biden’s likely to be tossed into the mix, but while polls show he has “favorable” ratings with many, including Republicans, Read the rest of this entry »

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Political Power Hunger: What Goes Around, Comes Around -or- Brett Kavanaugh Loves Merrick Garland, And Other Absurdities

Posted by Warm Southern Breeze on Friday, October 5, 2018

“In the 12 years you’ve been on the D.C. Circuit,
of all the matters that you, and Chief Judge Garland have voted on together,
that you voted together 93% of the time.
Not only that, of the 28 published opinions that you’ve authored
– where Chief Judge Garland was on the panel –
Chief Judge Garland joined 27 out of the 28 opinions you issued when you were on the panel together.
In other words,
he joined 96% of the panel opinions that you’ve written,
when he was on the panel with you.
And the same’s true in the reverse.
Of the 30 published opinions that Chief Judge Garland has written on a panel,
you’ve joined 28 out of 30 of them
– over 93% of those opinions.“

– TX US Senator Ted Cruz (R), as Senate Judiciary Committee member to Supreme Court Nominee Brett Kavanaugh, a Judge on the United States Court of Appeals for the District of Columbia Circuit, where Merrick Garland is Chief Judge

U.S. Senator Ted Cruz (b.1970), Official portrait

Like many, it disgusts me to see the shenanigans that is now passing as a nomination process for Justice to the United States Supreme Court. And just to be clear, I am not now, nor have I ever been a member of any political party.

So, how did we get into this disgusting fray in which a Supreme Court nominee is alleged to have committed felony acts as an older teen?

How did a Constitutionally Mandated process, such as a Supreme Court nomination, become a national disgrace, a veritable circus of hyperbole, scandal, disgrace, outpouring of debauchery, immorality, and even international embarrassment?

In order to answer those questions and more, we must first examine the irony of hypocrisy in an historical context.

Antonin Scalia (1936-2016), Associate Justice, 2013 portrait.

• On February 13, 2016, Supreme Court Associate Justice Antonin Scalia, aged 79, was found dead, apparently having died in his sleep while on a quail hunting trip at Cibolo Creek Ranch near Shafter, one of many Texas ghost towns. Of note, he was unanimously confirmed by the Senate in 1986 after nomination by then-POTUS Ronald Reagan.

President Barack Obama (b.1961), Official portrait, Oval Office, Dec. 6, 2012. (Official White House Photo by Pete Souza)

• On March 16, 2016, Read the rest of this entry »

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Size Matters: Neither The Congress Nor The Supreme Court Are Big Enough

Posted by Warm Southern Breeze on Saturday, September 22, 2018

Should we, as reasonable people, expect the size of our Congress – specifically, the House of Representatives – to be permanently fixed at 435 members, and never increase representation according to an increase in population? And with regard to the the Supreme Court, should only 5 people decide the fate of a nation, why not a few more, like 13 or 17?

What if I told you Congress needed about 1000 MORE Members of the House of Representatives? And, what if I told you the United States Supreme Court needs to have AT LEAST 13 Justices, and that THEY should choose from AMONG THEMSELVES the Chief Justice?

You don’t wear the same size clothing you did when you were aged 10, 15, or even 25. The People’s representation in our nation’s governance needs also needs to be properly fitted.

Having MORE Representatives would NOT cause “more logjam politics,” nor would it cause corruption, but instead, would significantly increase efficiency -and- the ease with which laws would get passed, and bad or old laws get eliminated or changed. Criminality is most often done in secret by a few. Rarely is criminal activity, even in organized crime, ever on a large scale like an army invasion. It’s always a little thing, like guerilla warfare. There were only 7 co-conspirators with President Richard M. Nixon in the criminal Watergate break-in, burglary, wiretapping, attempted cover-up, and resulting scandal. The pace at which our government moves is not merely unresponsively sluggish, it is deliberately and negligently slothful. It is being reasonably asked to do things we tell it to do, and in the process, being denied the resources – money, personnel, and time – necessary to perform those tasks. Government can, and should move much more quickly. And historically, it has.

Think of it this way:
You have three dogs, and one chicken bone. Throw it down and watch them fight.
You get two more chicken bones, and each dog has one. Problem solved.

Some would raise the matter of Constitutional interpretation in opposition to the idea, and think we should hold to a strict Constitutional interpretation – whatever “strict” is, or means – and it typically means that the modern thinkers imagine they can, and therefore attempt to conjure up a mind-reading session to interpret what the framers of the Constitution intended or hoped… even though they’ve been long dead. Sure, they gave us the Constitution, along with a means and method of updating it, which itself means that it’s not static, and can be changed. And it has been changed many times since its inception. It is a living document, not a dead one into which we attempt to blow the breath of life. It lives still.

Some think we can interpret the Constitution according to our unique needs, which the original framers could not have begun to fathom. And the fact is, that’s what we’ve always done. At least until the last 50 years, or so, until the time which gradually, the specious notion that smaller is better crept in under cover of negligence, and “downsizing” became part of the popular corporate and political vernacular. In effect, such talk is discussion is only about inefficiency, and how they have not effectively used the resources they have, nor planned appropriately.

There is no doubt that the framers of our Constitution could never have imagined that man would walk on the moon, that geosynchronous orbiting and interplanetary traveling satellites would tell us about our precise location on Earth, and our solar system, and that more than twice the computing power of history’s largest space rocket (Apollo V) could fit in your shirt pocket, or that our union would have well over 330,000,000 residents.

Button Gwinnett (1735–1777 was the first signer of the Constitution, and was later, briefly the Governor of Georgia.

And it goes without saying that Button Gwinnett, Samuel Adams, John Hancock, James Madison, George Washington, and others in their era, had no idea about antibiotics; they had no inkling that magnetic fields could peer deeply inside the human body to detect disorder; that dental implants and multi-organ transplants would exist; or that we would send a telescope to orbit our planet and peer deeply into the cosmos to see star systems hundreds of billions of light-years away -and- then replace it with an even better, significantly improved, more perfect one to see into the edges of the time -and- send a satellite hurtling toward the sun to learn more about the blazing fiery hydrogen fusion orb which is the center of our universe.

Artist’s 2009 rendering of the James Webb Space Telescope, which will replace the Hubble Space Telescope.

None of those things and more which we daily take for granted – such as GPS on smartphones – could have ever been imagined by our Founding Fathers… or their mothers, or children, and never were.

We are as different, and our needs are as immensely diverse from our nation’s founders as night is from day, and there is no reason why we should not “update” our government according to the manner for which it is prescribed.

In 2019, we have more patents, more copyrights, more inventions, more discoveries, more science, more creative works of myriad kind, and – of course – many, many, many, more people. Many!

If it was anything, it was but a pipe dream that one day, unmanned remote control aircraft could be silently flown around the world, eavesdrop on conversations, take pictures in the dark to deploy guided missiles, drop bombs, and kill people… and that we, on the opposite side of the globe, could watch it unfold live, as it happened, as if it were macabre modern gladiatorial entertainment.

Portrait of Robert Boyle (1627-1691), by German painter John Kerseboom (d.1708), which is publicly displayed at Gawthorpe Hall, in England.

In the age and era of the founding of our nation, the concept of microscopy and the cell theory was relatively new. Robert Hooke, considered the “father of microscopy” had just discovered cells in 1665, and Robert Boyle (Boyle’s Law) were contemporaries in 1662, while Sir Isaac Newton died in 1727 – a mere 60 years before our Constitution was written.

Benjamin Franklin didn’t publish his most famous experiment which used lightning and a kite to prove that lightning was electricity until 1750; Orville and Wilbur Wright didn’t get off the ground at Kitty Hawk until 1903; Alexander Fleming discovered the first antibiotic – penicillin – in 1928; and the planet Pluto wasn’t discovered until 1930!

We’re talking about 242 years ago, “when giants and dinosaurs roamed the Earth.”

In a way, our nation’s founders were giants, and yet, in another way, they were dinosaurs who could fathom no idea – not even a minuscule hint – and because of it, were literally clueless about the greatness that America would become.

To give them their due, however, their curiosity and liberality served them well then, and it serves us well now. Our form of government is, in the history of humanity, among the shortest-lived, but the most remarkable, and successful.

Congressional Coffee Hour (Senate). 2 May 1961, Blue Room, White House, Washington, D.C.; L-R: Senator Quentin Northrup Burdick-D, North Dakota (1908-1992); Senator Wayne Lyman Morse-D, Oregon (1900-1974); President John Fitzgerald Kennedy-D (1917-1963); Senator Thomas Henry Kuchel-R, California (1910-1994); Senator Hubert Horatio Humphrey-D, Minnesota (1911-1978); Senator Roman Lee Hruska-R, Nebraska (1904-1999); From the JFK Library; Photographer: Robert LeRoy Knudsen, (1929-1989)

In a sense, though while Greeks and Romans were inspirations, Americans perfected the three-branch bicameral democratic republic form of government. And we’re still perfecting it today. It’s part and parcel of that “in order to form a more perfect union” thing.

So, now it comes time to mention the obvious: While some loudly say government is too large, others say it is way too small to be either efficient or effective. I am among those in the latter camp, and will show and explain why as follows.

First, it’s preposterously absurd to imagine that a foundling nation with a total population which was then less than half the size that New York City is now, would, could, or should have a smaller government as it grew and matured. In the same way, no one wears the clothes they did as a 10-year-old child, and as adults, they purchase and/or make larger garments to suit their needs and wants. Similarly, no one should expect government to decrease in size.

More than anything, these matters speak directly to efficiency and effectiveness of government, which our nation’s founders also understood very well, which is also why Read the rest of this entry »

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Trump Nominates “Deep State” GOP Insider for SCOTUS

Posted by Warm Southern Breeze on Wednesday, July 11, 2018

Supreme Court nominee Judge Brent Kavanaugh, is a jurist on the United States Court of Appeals for the District of Columbia Circuit, was nominated to that position by then-POTUS George W. Bush in 2003, and approved by the Senate in a 57-36 vote May 2006.

Since then, he has become the 45th President’s nominee to replace the senior Associate Justice Anthony M. Kennedy, who announced his retirement effective 31 July 2018.

Most notably, Judge Kavanaugh was Justice Kennedy’s Law Clerk during the October Term 1993, so the two men most definitely have a relationship. Law clerks are typically hired by the judge for whom they work, and the D.C. circuit is viewed as a type of “preparatory” for the Supreme Court (SCOTUS).

White House news Correspondent for NBC Geoff R. Bennett (Twitter: @GeoffRBennett) Tweeted early yesterday morning (4:16AM 10 July) that “Source familiar tells NBC that Justice Kennedy had been in negotiations with the Trump team for months over Kennedy’s replacement. Once Kennedy received assurances that it would be Kavanaugh (his former law clerk) Kennedy felt comfortable retiring – @LACaldwellDC & @frankthorp.”

Mr. Bennett’s Tweet was essentially reiterated in a later Tweet by NBC Capitol Hill Reporter which suggested that at least one unnamed reliable source close to the White House knew in advance that Justice Kennedy and the POTUS had communicated in some way to get Judge Kavanaugh on the “short list” of potential nominees.

Ms. Caldwell deleted her original Tweet which was posted 7:14AM 10 July, but posted a screen shot of it in a later Tweet and wrote that she had done so “because it incorrectly implies a transactional nature in Kennedy’s replacement.” Her replacement Tweet stated: “To be clear: This is from one source and dont have any info on whether potus talked to kennedy about a possible replacement.” -and in a followup Tweet- “Furthermore, the five names Trump added to his list of Federalist Approved judges last November was to get Kavanaugh on that list. The other four names were considered cover, per source. In other words: the decision has been baked for a while:”

She additionally noted that Politico had also covered the story.

Presidential adviser Karl Rove (LEFT), with Brett Kavanaugh in 2004. At the time, Mr. Kavanaugh was Staff Secretary in the G.W. Bush White House.

Given Judge Kavanaugh’s bona fides as a G.W. Bush insider, and Read the rest of this entry »

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Judge Brett Kavanaugh: Liar On The Federal Bench

Posted by Warm Southern Breeze on Sunday, July 8, 2018

Judge Brett M. Kavanaugh (b.1965), United States Circuit Judge of the United States Court of Appeals for the District of Columbia Circuit.

Brett Kavanaugh, who has been said to be under consideration as a SCOTUS nominee to replace retiring Justice Anthony M. Kennedy, for whom he also clerked during the October Term 1993, presently has lifetime tenure as a Federal Circuit Court Judge on the U.S. Court of Appeals for the D.C. Circuit. In May 2006 when he last appeared before the Senate Judiciary Committee as a nominee for that position, he was asked Read the rest of this entry »

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How To End Gun Violence

Posted by Warm Southern Breeze on Sunday, April 15, 2018

Ending gun violence neither requires repealing the 2nd Amendment, writing entirely new legislation, nor doing nothing – as is being now done, no matter how seemingly well intentioned. With minor modifications to existing law as language additions, almost all interested parties are satisfied – not all, but many, if not most – concerns are addressed in a rational, reasonable, lawful, Constitutional, and commonsensical legislative process that also minimizes taxpayer burden.

Opinions run the gamut, from one extreme, including repeal of the Second Amendment – by former SCOTUS Justice John Paul Stevens, a Republican and Ford appointee – to the other, from arming teachers, to wholesale abandonment of all existing firearm law.

But rarely, if ever, is there any commonsensical solution ever made on settling on any problem with rational, reasonable, logical compromise that achieves most all goals, within reason, and with very slight compromise to all interested parties.

My conservative friends think me liberal, while my liberal friends think me conservative, and both are wrong.

The casual and cursory Read the rest of this entry »

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Why All Christians Should Support Abortion Rights

Posted by Warm Southern Breeze on Friday, December 15, 2017

I support abortion rights for women. Here’s why.

Freedom, Liberty, and Independence.

And, I’m Catholic.

I have a cousin who Read the rest of this entry »

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Roy & Kayla Moore: #ALpolitics Crazy Train Conductor & Engineer

Posted by Warm Southern Breeze on Sunday, December 3, 2017

Ahem… there is NO such term as “full term” abortion.

In fact, it was Kayla Moore, Roy Moore’s wife, who invented that nonsensical term. The facts of that matter are indisputable, for inventing an improperly incorrect term, and her promotion of it.

Furthermore, as another wrote, “full term abortions are illegal.” As well, because they have believed the Father of Lies and elected his representative as POTUS, Evangelicals have been willingly been taken for a ride on the Crazy Train. Now, they apparently want to get off. And, that’s just too bad, because there’s no return ticket from that trip. They’ve screwed themselves, alienated and isolated themselves into a Jim Jones-like cult, and damaged the good name of the faith which they ignorantly purport to hold.

Considering the legal right to an abortion granted in 1973 by Read the rest of this entry »

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How To Resolve Gun Sickness & Disease

Posted by Warm Southern Breeze on Tuesday, November 7, 2017

Firearm fascination has gotten to the point of ridiculousness, to the extent that it’s much like a paraphilia. It’s no longer merely “disturbing,” its downright dangerous, and blatantly irresponsible. As Healthcare professionals, we research & examine the scope, extent, and exact nature of the problem, then make a diagnosis, and formulate a plan of treatment to either ameliorate the symptoms, or cure the disease. It presumes, of course, that the patient will cooperate with the plan, and follow the course of treatment.

In this present “gun nut” scenario in which we find ourselves suffering, the NRA has bent over backwards to Read the rest of this entry »

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All Trumped Up Over The FISA Court

Posted by Warm Southern Breeze on Monday, March 6, 2017

Imagine, or pretend for a moment that you were President of the United States.

You would be literally be “the boss of” and have access to a vast trove of over 14 different American Intelligence & National Security agencies.

If so desired, you could watch video of the raid on Osama bin Laden’s compound in Abbottabad, Pakistan, see photographs of his corpse and burial at sea, and examine the report made of his DNA following his death and capture. By virtue of the Office of the President, there would be virtually nothing to which you would not entitled to know, or view in the agencies of the United States government. You would be able to see the code-named TOP SECRETS of our government. You would have full and unfettered access to the highest levels of secret information… including Nuclear Access Codes.

The Departments of Defense, Homeland Security, Energy, State, and Justice, along with all their myriad divisions and offices – ALL Executive level agencies – which includes the FBI, US Marshals Service, Secret Service, DEA, ATF, Coast Guard, and more – would ALL be under your ultimate control, and you would be their Boss.

The CIA is an independent agency.

Because the FBI and the NSA are Executive level offices/agencies, it is NOT a stretch to imagine that the President ~COULD~ Read the rest of this entry »

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Shelby County v. Holder: What does it mean, and what’s it’s significance to you?

Posted by Warm Southern Breeze on Sunday, December 11, 2016

Recall the recent Supreme Court case Shelby County v. Holder which involved Shelby County, Alabama?

The other party was Eric Holder, former Attorney General of the United States.

Essentially, that case gutted the heart of settled law which was the 1965 Voting Rights Act which protected minorities’ Civil Rights to Vote.

If you’re like most, you get your information from the MSM (Main Stream Media), which often doesn’t do a good job of explaining. And honestly, most folks are not up-to-date on Supreme Court cases. So here’s a quick explanation of how that could affect you, and your ability to vote… regardless of your skin color.

Calera is currently the fastest-growing city in Alabama. Before Calera’s local elections in 2008 the town had redrawn its city boundaries which eliminated the city’s only majority-Black district which had been represented by Ernest Montgomery since 2004, and decreased the voting-age Black population from 71-30% – even though the town’s Black voting-age population had grown from 13-16%. It did that by adding three overwhelmingly White subdivisions while failing to include a large surrounding predominately Black-populated neighborhood.

Gerrymandering Explained, by Steven Nass - original post here: https://www.facebook.com/photo.php?fbid=10203407721984998&set=a.1016032452327.2002285.1570577800&type=1&comment_id=10203461502089467

Gerrymandering Explained, by Steven Nass
See original post here:
https://www.facebook.com/photo.php?fbid=10203407721984998

The United States Department of Justice objected to Calera’s actions, and notified City Officials, who defied the DOJ’s orders and held the election anyway, which caused Mr. Montgomery to lose the election by two votes, about which he said, “they voted against me because of the color of my skin.”

Under Section 5 of the 1965 Voting Rights Act, Calera was required to Read the rest of this entry »

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Here’s Why People Should Be Like Dogs

Posted by Warm Southern Breeze on Saturday, June 27, 2015

My puppy loves me.

I love my puppy.

I don’t want to marry my puppy.

My puppy is spayed.

My puppy could probably care less about mating.

I feed my puppy quite well.

My puppy loves me.

My puppy walks alongside me off lead.

I don’t want to marry my puppy.

No one in Alabama has EVER been forced to marry anyone.

Anyone who says otherwise is Read the rest of this entry »

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The Sweet Salvation That A Little Old Knife Can Bring

Posted by Warm Southern Breeze on Thursday, January 22, 2015

I don’t recollect exactly what year it was when I first heard the song “Woman Child” by the late singer/songwriter artist/musician Harry Chapin. I do recollect, however, that a young lady then near my age, was a fan of his, and it was through hearing some of his music she was playing that I learned of him.

It was perhaps his 1978 album “Living Room Suite” which I had seen her playing, but it was his second album “Sniper and Other Love Songs,” released in October 1972, which I subsequently purchased, which so powerfully affected me.

Chapin died tragically in July 1981, aged 38, and though the exact cause of his death was undetermined, he was thought to have suffered cardiac arrest while driving, which was explained as the likely cause of his wreck. The truck driver into whose path he swerved, along with the assistance of a passer-by, rescued him from his burning 1975-model Volkswagen Rabbit, and he was subsequently flown to a nearby hospital where a team of perhaps 10 or more worked fruitlessly for nearly a half-hour to save his life.

Chapin’s artistic creative style might be considered similar, somewhat, to that of a troubadour or wandering minstrel, because each and every song on that album – and indeed, every song of his – was a well-crafted, and expertly told story. The stories weren’t from a fantastic, idealistic fantasy life, but were from everyone’s work-a-day life. The struggles, trials, tribulations, joys, victories and crushing blows of unjust defeats in life were all subjects in his songs. From “W – O – L – D,” to one of his best-known “Cat’s In The Cradle,” Chapin’s gift of lyric and music made each song a veritable raconteur’s masterpiece.

As many older older teens are, at that time Read the rest of this entry »

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History Looks Forward: SCOTUS Chief Justice John G. Roberts Appointment No Accident

Posted by Warm Southern Breeze on Thursday, January 15, 2015

It wasn’t by accident that George W. Bush nominated John Roberts as SCOTUS Chief Justice, because he’s the SECOND YOUNGEST of ALL the Justices (Elena Kagan b.4/28/1960 is younger than John Roberts b.1/27/1955 by 5 years, 3 months, 3 days), and his influence could be felt for perhaps 40+ years. At his appointment, John G. Roberts was aged 48 years, only 4 years older than the First Chief Justice, John Jay (served 1789-1795), who was aged 44 years when he took the oath of office.

FYI, the youngest Associate Justice was Joseph Story (served 1811-1845), who was aged 32 years when he took the oath of office.

The longest serving Associate Justice was William O. Douglas who served 36 years, 7 months, and 8 days from 1939 to 1975.

The longest serving Chief Justice was Chief Justice John Marshall who served 34 years, 5 months and 11 days from 1801 to 1835.

The average number of years that Justices have served is 16.

However… the average tenure of a Supreme Court Justice from 1789 through 1970 was 14.9 years.

For those Justices who have Read the rest of this entry »

Posted in - Politics... that "dirty" little "game" that first begins in the home. | Tagged: , , , , , , , , , , | Leave a Comment »

South Carolina BBQ Restaurant Chain Refuses to Serve Blacks Claiming Religious Objection

Posted by Warm Southern Breeze on Friday, July 4, 2014

SC Restaurant Owner Refuses To Serve Blacks, Cites Religious Beliefs

July 2, 2014
By Manny Schewitz

In South Carolina, a BBQ restaurant owner (Maurice’s Piggy Park BBQ) claimed that he was within his rights to refuse service to blacks based on his religious beliefs. In the case brought before the Supreme Court, Maurice Bessinger stated that his religion required him to keep black people from eating in his restaurant, although he was perfectly OK with taking their money, so long as they ordered their food to-go.

The attorney representing the petitioners suing Piggie Park also addressed in court the “First Amendment religious privilege claim that petitioner asserted that his religion required him” to deny service to black customers.

“I’m just a fair man. I want to be known as a hard-working, Christian man that loves God and wants to further (God’s) work throughout the world as I have been doing throughout the last 25 years.” (Source)

And now for you who actually took the time to read the story instead of basing your outrage solely off a headline before sharing with an ALL CAPS blurb of “SEE? I TOLD YOU THE SOUTH WAS FULL OF RACISTS!!!”, this case was Read the rest of this entry »

Posted in - Business... None of yours, - Did they REALLY say that?, - Lost In Space: TOTALLY Discombobulated, - Politics... that "dirty" little "game" that first begins in the home., - Read 'em and weep: The Daily News | Tagged: , , , , , , , , , , , , , , , , , , , , , , | 2 Comments »

 
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