Supreme Court

John Roberts proves he's nothing more than an empty robe

Editors, Washington Examiner

Roberts noted in his decision that the doctrine of “stare decisis” — literally Latin for “to stand by things decided” — is intended to give litigants and others certainty about how the law is interpreted. Without it, one could imagine a legal environment in which judges become so arbitrary that it is impossible to comply with the law. But equally dangerous is a legal environment in which flat-out bad decisions are simply allowed to stand, no matter what, just because they were decided the wrong way first. Roberts, sadly, has left his nation in a state of blind obedience to just such a bad ruling.

Senator Mike Lee Leads Senate GOP Post Bostock

After the Supreme Court's outrageous Bostock decision the Senate's Republican "leaders" act like they are relieved the Supreme Court absolved them of the responsibility for legislating on another embarrassing social issue that would make their friends at the country club squirm. Fortunately, Senator Mike Lee has stepped into the breach to prevent the Capitol Hill GOP from rolling over to Democrat demands to expand Bostock through legislation.

When it comes to guns, the justices duck

Editors, Washington Examiner

The Supreme Court declined to take up Rogers v. Grewal a New Jersey case. It's unclear why the court passed up this case when there are so many remaining loose ends in this area of jurisprudence. Perhaps the justices want a narrower question. Perhaps they are comfortable with letting lower courts develop more case law. Either way, the court has to recognize the restrictiveness of certain "good cause" provisions and deal with them. By passing up Rogers, the Supreme Court has declined an opportunity to instruct lower courts on the extent to which the Second Amendment protects the right to self-defense.

Supreme Court Bypasses Congress Legislates Radical Homosexual Agenda From Bench

From our perspective, what Justice Gorsuch and the Supreme Court majority have just done is force every employer and religious institution in America to put up with any form of bizarre acting out or manifestation of mental illness. So long as it is cloaked in the newly bestowed protection of gender dysmorphia or homosexuality, churches cannot expect employees to uphold their doctrines and employers now cannot rid themselves of disruptive or off-putting employees for fear of being accused of sexual discrimination.

Senator Josh Hawley To AG Barr: Investigate Religious Discrimination By Local Officials

Senator Josh Hawley of Missouri was spot on in his letter to Attorney General Bill Barr. What is now obvious is that the rules imposed by the states of California, Michigan and other Democrat-run localities not only favored one type of First Amendment speech over another, but they were completely arbitrary and capricious – there was absolutely no “science” behind any of the restrictions on religious gatherings.

Call Your Senators: Demand Censure Of Senate Democrat Leader Schumer

Sen. Chuck Schumer should be censured for his brazen comments that Supreme Court Justices Neil Gorsuch and Brett Kavanaugh would "pay the price" for decisions in abortion cases. The toll-free Capitol Switchboard number (1-866-220-0044), we urge CHQ readers and friends to call their Senators to demand that a motion to censure Sen. Schumer for his threats against Justices Gorsuch and Kavanaugh be introduced and voted on immediately.

The March For Life Is Friday, But Battle For Life Will Continue In SCOTUS

In March the Supreme Court will hear oral arguments in June Medical Services LLC vs. Gee. This case asks the Court to uphold Louisiana’s “Unsafe Abortion Protection Act.” In stark contrast to the Obama administration, President Trump's lawyers have submitted a brief and will argue in support of this pro-life law.

Let’s Fill The Theaters Showing The Justice Clarence Thomas Movie

Created Equal: Justice Clarence Thomas In His Own Words is the best movie you are going to see in a long time, not just for Justice Thomas’ eloquent affirmation of conservative values, but for the movie’s celebration of Clarence Thomas’ indominable spirit. Tickets will go on sale for locations listed here starting January 27th, let’s fill the theaters showing the movie.

Why Republicans Won’t Abandon Trump

Trump haters are confounded by Trump supporters. They ask, “If you believe it’s true that Trump does sketchy things, why don’t you care?” They ask the same question about the climate: “You concede that the climate is changing, so why won’t you do something about it?” The answer: You first.

It’s Time for Term Limits on the Supreme Court

John Fund, National Review

It’s time to end the unseemly position that the anachronism of life tenure for Supreme Court justices has put the country in. Modern medicine is a great thing. But the time has come to remove the incentives that make justices serve until they drop dead or are gaga. It’s time to put term limits on the Supreme Court. Returning our courts to their proper place in our constitutional framework is a tall order, and not one to be solved by abandoning life tenure for Supreme Court justices. But the idea is a sensible step, enjoys support from both conservative and liberal legal scholars, and just might give Congress the opportunity to prove to the American people that it’s still capable of bipartisan action.

Attorney General Bill Barr: Intellectual Powerhouse of Conservatism

Much to our surprise, and the benefit of the country, Attorney General Bill Barr has emerged as one of the few rational people left in establishment Washington DC and a strong and effective advocate of constitutional conservatism.

Can Ruth Bader Ginsburg Make a Man Into a Woman?

Terence P. Jeffrey, CNS News

Is there truly no "fixed external referent" that would indicate to a medical doctor — or even just a modestly intelligent person — that a particular individual happens to be male or female? If five Supreme Court justices decide in the funeral home case that a person's sex under Title VII is whatever the person says it is, the same logic applied to Title IX would mean that a high school boy could simply declare himself a female and then play on the girl's basketball team. But the ultimate issue here is not bathrooms or basketball courts. It is truth. A person's sex is an objective and unchangeable fact. To claim otherwise is simply a lie.

The Plague Of Democrats Smearing Their Way To Power

The plague of smears against Justice Brett Kavanaugh can be understood as the first step in the Left’s post-Ginsberg strategy: Unleash this plague to intimidate Justice Kavanaugh and delegitimize any decision the Supreme Court renders in its aftermath, perhaps even creating a constitutional crisis if Democrat-controlled states refuse to abide by the Court’s decisions on the Second Amendment or abortion.

GOP List Of Shame On Budget Vote

From our perspective the spending deal was no victory, but another “fear The Turtle” moment in which the not-so-subtle big spending hand of Senate Majority Leader Mitch McConnell manipulated the White House and the House Republican Leadership into once again abandoning any pretense of fiscal restraint.

Supreme Court ruling allowing Pentagon funding for border wall strengthens national security

Dan Stein, Fox News

Friday’s ruling is not so much a victory for the president as it is for the American people, who increasingly have come to understand that our lawless borders pose a threat to the security of the nation. Much more needs to be done, but the Supreme Court’s green light to wall construction will be a needed boost to efforts to restore order along the border where manpower and resources are being stretched dangerously thin. The American people are not all that concerned about which pot of money is tapped to secure our border with Mexico. They just want the various departments to work in concert to get the job done, keep us safe and enforce our laws.

Border Wall Big Win, But Not Fundamental

President Trump and conservatives won a big victory in the Supreme Court’s Wall ruling and in the otherwise disastrous spending bill, but we must be prepared to renew the immigration fight when Congress returns in September and takes-up the next round of spending bills.

SCOTUS Got Gerrymandering Case Right

Hans von Spakovsky, CNS News

The Supreme Court, in an opinion written by Chief Justice John Roberts and joined by the other (generally) conservative justices, concluded that this is a nonjusticiable political question for which there is a lack of discoverable and manageable standards. This is the right decision by the court. As Roberts said in his conclusion, “no one can accuse” the Supreme Court of “having a crabbed view of the reach of its competence.” But whatever competence the court may have, it has no “commission to allocate political power and influence in the absence of a constitutional directive or legal standards to guide” them.  This is an example of the “rare circumstance” where it is the Supreme Court’s “duty to say ‘this is not the law.’”

McConnell says Republicans would fill 2020 Supreme Court vacancy

Jordain Carney, The Hill

Senate Majority Leader Mitch McConnell (R-Ky.) said Republicans would fill a Supreme Court vacancy even if it occurs during the 2020 presidential election. The Senate GOP leader has viewed confirming judicial nominees as his top priority and one of the party's best chances at having a long-term impact. With 53 seats, Republicans could confirm a nominee over the objections of Democrats. Democrats quickly blasted McConnell over his comments, with Senate Minority Leader Charles Schumer (D-N.Y.) calling him a "hypocrite." McConnell indicated during an interview with Fox News that which party controls the Senate and the White House is a crucial factor.

Supreme Court: You Can Abort a Baby Because She's a Girl--For Now

Terence P. Jeffrey, CNS News

The appeals court, which ruled that a state may not even stop an abortionist from killing an unborn child because the mother has decided she does not want a girl. The Supreme Court did not see this as a pressing question. "Our opinion likewise expresses no view on the merits of the second question presented, i.e., whether Indiana may prohibit the knowing provision of sex-, race-, and disability-selective abortions by abortion providers," said the court in its unsigned per curiam decision. So Americans will need to wait as the Supreme Court seeks what it deems a timelier moment to decide whether all humans have a right to life.

Trump’s Intersectional Weekend

While we don’t buy the idea that all of society is controlled by oppressive intersectional institutions, the Trump team has, from the beginning of his unlikely rise to the Oval Office, recognized that the key elements of a winning political coalition on the Right do intersect, and their nexus is constitutional liberty, especially as protected by the First and Second Amendments.