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Thursday, June 20, 2019

Three good court rulings today



The federal courts made a few sensible rulings today. In my lifetime, this has been all too rare.

Let us review "Highlights of the news" style.

ITEM 1: Madeline Osburn reported, "In a 7-2 ruling on Thursday, the Supreme Court decided that a 40-foot World War I memorial cross that has stood on public land in Maryland for 94 years does not violate the First Amendment. Writing the majority opinion, Justice Samuel Alito said the memorial, also known as the Peace Cross, has become a prominent community landmark and should be upheld.

"'After the First World War, the picture of row after row of plain white crosses marking the overseas graves of soldiers who had lost their lives in that horrible conflict was emblazoned on the minds of Americans at home, and the adoption of the cross as the Bladensburg memorial must be viewed in that historical context,' Alito wrote.

"'Its removal or radical alteration at this date would be seen by many not as a neutral act but as the manifestation of ‘a hostility toward religion that has no place in our Establishment Clause traditions.'"

"In the concurring opinions, justices agreed that religious expression in the public square has been common throughout U.S. history and doesn’t need to be purged. Justices Ruth Bader Ginsburg and Sonia Sotomayor were the two dissenters, arguing that displaying the Peace Cross on a public highway is implying that the government elevates Christianity over other faiths."

Ours is a secular Christian nation. Elevating atheism over Christianity is a violation of logic, history, and the Constitution.

But I disagree with Alito. The cross should stay not because it has been around for 94 years but because it represents the sacrifices of thousands of Christian men who died Over There.

To be sure, American men of other faiths also sacrificed their time and their lives. Let their faiths build their monuments.

But adherents to Christianity prayed that the Great War would be our last war. Hence the name Peace Cross and not War Memorial Cross. In tearing down that monument, you not only attempt to tear down a religion, but peace as well.

ITEM 2: CNN reported, "The Supreme Court on Thursday upheld the scope of a federal sex offender registration law.

"The 2006 Sex Offender Registration and Notification Act requires sex offenders to register with the National Sex offender registry and update their registration when they travel or move.

"Thursday's 5-3 opinion turns away an effort to revive the non-delegation doctrine of the Constitution -- a legal theory that holds that Congress can't delegate its legislative power to other branches without giving the proper guidance."

Liberals feared the worst: the end of the Deep State.

Justice Elena Kagan wrote for the majority and said, "Indeed, if SORNA's delegation is unconstitutional, then most of Government is unconstitutional -- dependent as Congress is on the need to give discretion to executive officials to implement its programs."

The idea that you need congressional approval for every listing and every address change is loony.

But Steve Vladeck, CNN Supreme Court analyst, said, "Although the Court did not revisit the nondelegation doctrine in today's ruling, all four of the conservative Justices who participated suggested that they have concerns with that principle, and want to revisit it in a future case."

I agree with reining in the bureaucracy.

I disagree with killing it.

ITEM 3: Steve Ertelt reported, "A federal appeals court today ruled President Donald Trump can partially defund planned Parenthood while the abortion business’ lawsuit against his administration's new rules moves forward.

"As LifeNews reported in March, the Trump administration finalized an administrative rule that would partially defund the Planned Parenthood abortion business and deprive it of as much as $60 million in taxpayer dollars. This action adds to President Trump’s record of defunding the Planned Parenthood abortion company.

"The abortion chain receives about $50 million to $60 million in Title X funds annually, but that could change now that the new rules are being implemented. The administration’s changes to Title X family planning grants have angered the abortion chain Planned Parenthood, prompting a lawsuit, but they provide hope for life-affirming pregnancy centers, which can now compete with the abortion giant for the federal funds."

This was a 3-0 decision to lift a national injunction on the ban issued by an Obama judge. The issue itself is pending.

There is no right to public money.

The same Democrats who sarcastically call our trade deficit with Red China "free market" should back allowing others to bid on this Title X money.

Among the services rendered is telling women where the nearest place is to get a mammography.

Face it, Planned Parenthood exists to kill babies and pass out condoms. To get this money, mothers seeking an abortion check off a list of other services they received.

It is time to end this Gravy Train.

***

Like I said, this was a good day.

23 comments:

  1. "Justices Ruth Bader Ginsburg and Sonia Sotomayor were the two dissenters, arguing that displaying the Peace Cross on a public highway is implying that the government elevates Christianity over other faiths." I guess that means all churches,synagogues and mosques that can be seen when driving down a public street need to be razed. If the left gets back in power that will probably happen. Religion is squarely in their crosshairs.

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    1. "churches, synagogues and mosques"

      One of these things is not like the others. Wonder which one the lefties want to keep?

      Delete
  2. The one with the cross will have big implications.

    Agree with you wrt Alito and the cross.

    PS Interesting the 2 Lefties who went against the cross are the ones Trump said he'd be likeliest to replace.

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    1. Question: Have there been any reports of sightings of either of the 2 Lefties lately?

      Delete
  3. "dependent as Congress is on the need to give discretion to executive officials to implement its programs"

    Congress long ago abandoned its lawful function. Bureaucrats write regulations that have the force of law therefore they exercise both legislative and executive functions.

    That is unconstitutional but there are no more civics classes so people are completely ignorant of the Constitution.

    Reminds me of a prosecutor who ran for office but wanted to retain his present job. He saw no conflict with both legislating and executing the law. Clearly he just craved power.

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    1. once there was a city of Chicago alderman convicted of corruption. after serving his time he got out, and filed to run for cook county supervisor.

      see after conviction he couldn't run for Chicago again but nothing to stop him in regards to cook county.

      now that's some deep dish Chicago style corruption.

      and that's Obama's alma mater.

      waterman

      Delete
    2. Of course ex-con was elected.

      Obama is a case study of generational serial corruption. This isn't the venue for it, but I'd like to some sort of website set up for sharing information about Obama and the commie connections going back to his mother's family.

      I compiled quite a lot because I started gathering info right after Kerry's nominating convention when the Obama's did a Kennedy skit right up to him in a white shirt with sleeves rolled up and she in a boucle suit with a Jackie flip hairdo.

      Scared the heck out of me, so I started a file. When it became clear he'd be the nominee, I went to that folder and << surprise >> the files had all gone to FILE NOT FOUND land. Now I know better and copy everything and save them in Word files.

      Delete
  4. "Bureaucrats write regulations that have the force of law therefore they exercise both legislative and executive functions."

    Via administrative law judges, bureaucratic agencies also exercise a quasi-judicial function..., thereby fulfilling the definition of tyranny as described in Federalist 47:
    "The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny."

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    1. I should have added that the legal precedent / principle of "Chevron deference" crowns an agency's ALJ's decisions with a halo.

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  5. Very bad call. Now every crackpot "religion" will demand the same treatment.

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  6. Planned Parenthood may lose $60 million in taxpayer money. Will they still give Democrats $40 million?

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  7. I'm Jewish and I favor retaining that Cross. It doesn't establish a state church, and if I want to display a huge Star of David, this will be a good precedent.

    Also, it's people without religion that as a Jew I fear. In the health of American Christianity lies the surity of America's Jews.

    ReplyDelete
    Replies
    1. Do you feel the same about Islam?

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    2. If Islam wants to build monuments, let 'em have at it. You'll find they can't build anything; they are Destroyers.

      Delete
    3. Totally agree with the post, but man, you got your work cut out for you with the 70-80% of American Jews who are Hard Left LibCommie. This has become a replay of the Old Testament: God blesses Jews, Jews give lukewarm thanks, Jews fall away. Why must this keep happening?

      Delete
  8. Wait, Ruth Ginsburg is back at work? When did that happen?

    ReplyDelete
    Replies
    1. Come on, didn't you see Weekend at Bernie's?

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  9. As a halogram, she’s immortal now. 🤪

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  10. We had neighbors who were Orthodox Jews and really saintly people, but when I asked them about leaning so far left, they said they were more terrified of Christian fundamentalists than commies.

    Go figure? Christians are totally supportive of Israel while commies are allies of Moslems.

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    Replies
    1. There are a lot of people who call themselves Jews, but who’s real religion is progressive fascism, AKA Marxism.

      Delete