Showing posts with label SCOTUS. Show all posts
Showing posts with label SCOTUS. Show all posts

Monday, June 28, 2021

Points to Ponder:

If, even as the price to be paid for a fifth vote, I ever joined an opinion for the Court that began: 'The Constitution promises liberty to all within its reach, a liberty that includes certain specific rights that allow persons, within a lawful realm, to define and express their identity,' I would hide my head in a bag. The Supreme Court of the United States has descended from the disciplined legal reasoning of John Marshall and Joseph Story to the mystical aphorisms of the fortune cookie. [Justice Antonin Scalia (circa June 26, 2015)]

Wednesday, January 22, 2020

As today was a rather dubious anniversary, I want to republish at this time an expository musing I wrote on the subjects of fundamental rights, common law principles, and abortion about thirteen years ago. Without further ado...

On Fundamental Rights, Common Law Principles, and Abortion (circa February 1, 2007)

Wednesday, January 17, 2018

On the "Escalating Standard of Proof" Position Taken By Many Trump Supporters:
(Musings of your humble servant at Rerum Novarum)

It is the considered opinion of your host that these folks are establishing a dangerous precedent implicit in much of what they are saying. I have seen claims of such-and-such was "never established in a court of law" or "there was no sworn statement" as if we cannot ascertain something or take as probable any claim not meeting said standards.

If we are going to now require sworn testimony on everything, then we have really moved the goalposts. (Heck, imagine if Woodward and Bernstein had needed sworn testimony from "Deep Throat" before they could do or say anything!)

I remind readers that the Supreme Court, in the case of Garcetti v. Ceballos ruled that government employees are not protected from retaliation by their employers under the First Amendment of the Constitution when speaking pursuant to their official job duties. So anyone from the WH who went on the record with claims with a sworn statement could easily lose their job!

This approach if institutionalized would ensure that there is no motivations to try and correct problems in government or elsewhere but instead would protect the status quo as well as abusers within the latter. I know many who make these claims never explicitly or consciously do that so I would simply recommend greater consideration of the implicit ramifications of this new standard that they few others have been advocating for as of late.