Tag Archives: Supreme Court

Current Events

Biden’s Briar Patch

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What is going on in the swamp these days? There is always so much going on among the creatures, tis hard to stay tuned up. Recv’d this missive from my good friend, fellow Marine Brother, Greg, this a.m. Biden just cannot stay out of trouble. To quote a famous Philosopher, “Stupid is what stupid is.” Why do so many of his remarks, promises, and decisions come back to bite him in the backside? Well, this one surely will. Stay tuned.

By: G. Maresca

With Republicans poised to win back the Senate after the November midterm election, Supreme Court Justice Stephen Breyer, who is the court’s second-longest serving member, announced his retirement at the end of the court’s term this summer.

Biden promised during the 2020 South Carolina primary that provided he was elected his first appointment to the nation’s highest court would be a Black woman. Biden prefers identity politics taking precedent over qualifications.

Perhaps Biden is trying to make up for the fact that when George W. Bush nominated Janice Rogers Brown, a black woman for the U.S. Court of Appeals, she was opposed and filibustered by Sen. Biden. Brown was eventually confirmed and then nominated by Bush for the Supreme Court but replaced by Samuel Alito due to Biden’s opposition. In 1987, Biden bashed renowned judge Robert Bork, a Ronald Reagan Supreme Court nominee, so maliciously that he transformed Bork’s name into a verb.

Biden weaves a long and sordid tale with Supreme Court nominees, so don’t be fooled by this latest “first” just ask Janice Rogers Brown.

Biden’s appointment record speaks volumes with Kamala Harris as Vice President and Jennifer Granholm as Secretary of Energy – pure ideological selections. Biden’s first year has been a disaster yet, he continues along the same path as he kowtows to the extreme elements of his party. By announcing his intention to only consider black women, Biden insults his nominee, the court and nation.

Biden did his nominee a disfavor and thus put her judicial qualifications in question for the remainder of her career. The search will be limited to roughly 2% of the national lawyer consortium, which narrows the pool tremendously, while handcuffing the best candidates.

Biden’s nominee will not change the court’s balance of power but it will make it much younger.

The nation deserves a robust debate about the nominee, whether Black, Hispanic White, Asian, man, or woman. Diversity does not afford one to accurately read the law better. The increasing acceptance that gender and race, rather than individual merit, is the most important characteristic no matter how well-intended, should raise fervent alarm.

Even if the nominee was the best, she is denigrated by being chosen for race and gender rather than capabilities and credentials. She will certainly not get the disgraceful grilling that Kavanaugh received at his nomination hearing. Nor will she be asked why does any accomplished Black woman stoop to being played as a political pawn?

Biden was reminded that nominating Diana Ross to the Supremes happened a long time ago and he should select Kamala Harris already a torchbearer as the first woman who was Jamaican and Indian to become a Black woman.  Oh yeah, do that Biden, good choice. Wait, stop, watch this short video.

Replacing Harris with a competent vice president would enhance Biden’s ticket should he run again, or who can lead the ticket if he is unable.  

Biden said he will miss Breyer, as he is especially fond of his chocolate ice cream. Wait, stop, sorry to interrupt again, but watch this short clip of our clear thinking president

Naturally, any criticism of Biden’s pick will be treated as racist and misogynistic.

Once upon a time in America, Martin Luther King’s dream had relevance: “I have a dream that my four little children will one day live in a nation where they will not be judged by the color of their skin but by the content of their character.”

Many who observe King’s legacy embrace racism and sexism and fool no one.

Rather, they threaten and intimidate.

Biden treats the Constitution as a mere suggestion rather than the nation’s foundational law while failing to live up to his oath to faithfully uphold it.

Democrats run government by quota, rather than merit. Meritocracy is dead as race, gender, religion or lack thereof, is what characterizes contemporary America and not for the better.

This fall, the Supreme Court will hear arguments regarding race discrimination in admissions at Harvard and the University of North Carolina. Biden’s nominee, who gained her seat by race and gender, will now adjudicate such cases.

Breyer’s last line of his resignation letter reads: “Throughout, I have been aware of the great honor of participating as a judge in the effort to maintain our Constitution and the rule of law.”

That should be priority one.

Sadly, it is anything but.

Ice Cream anyone?

 

Originally posted 2022-02-03 09:18:11.

Current Events

Supreme Strikeout

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Good day Folks. Before I talk about today’s post allow me to admit to a gross screwup. I posted earlier in the week an oath I believed  was the commissioning oath at USMA. However, had I done my due diligence, I would have discovered it was the Oath of Admissions given to newly joined cadets. Therefore, I removed it. I apologize profusely as I should have done my research as I always do, but failed to this time. I shall not do so again. That is my literary  responsibility.

However, even though it was their admissions oath, I still take exception to its wording. It is very telling about what the USMA plans to teach these young sponges.  If you goggle it and listen to it carefully, I suspect you will find it “strange” to whom they are pledging allegiance.

Now to the post. Once again Greg comes through with a barn burner. Makes me wonder why we even have a Supreme Court if they cannot answer the mail in a manner that solves the issues instead of leaving them open to further interpretation and litigation. Roberts has always been and continues to be a weak Justice in my book. He was appointed by the young Bush.

By Greg Maresca

Supreme Court decisions are national news but a 9-0 decision in today’s world of partisan politics is an anomaly. Fulton v. City of Philadelphia was based on discrimination of the Free Exercise Clause of the Constitution’s First Amendment and although unanimous, religious liberty still hangs in the balance.

In 2018, despite a critical need for foster families, the city of Philadelphia prohibited Catholic Social Services (CSS) from providing foster care. CSS had been at it for over two centuries long before fostering was a government service. Holding fast to Catholic moral teaching, CSS excluded gay couples from participating. Moreover, CSS will not place children with unmarried heterosexual couples either.

The kicker is no gay couple has ever asked CSS for foster service because 27 other organizations throughout Philadelphia already do. As other Philadelphia foster care Christian ministries surrendered to the city’s demands, CSS chose to fight claiming their First Amendment rights were violated.

CSS lost at the Third Circuit but were vindicated last month by the Supreme Court.  All nine justices agreed Philadelphia violated the Free Exercise Clause of the First Amendment.

Chief Justice John Roberts wrote CSS’s work is not “public accommodation,” since “certification as a foster parent . . . is not readily accessible to the public.” Philadelphia’s fault was not in excluding a ministry that follows biblical morality, but not considering it to be “public accommodation.”

Herein lies the crux of the issue.

Justices Thomas, Alito and Gorsuch panned the vulnerability of Robert’s words since it fails to answer the greater question of religious liberty protections for Christian ministries. All three justices are constitutional originalists.

Roberts has routinely sought unanimous consent while deciding on specifics and diluting principle. Such jurisprudence only guarantees future litigation. Roberts is so bound to legal precedent that writing clearly on Constitutional matters is nearly impossible. His fear of originalist context would rule Dred Scott as still relevant.

This is what morally confused thinking produces.

There is much to be said for distinct moral clarity when laws are written and adjudicated.

The powers that be are too willing to compromise on principle to make it appear fair to both sides. Eventually, there will be no principles left worth defending.

Roberts is arguably one of the weakest chief justices in the court’s history.

The unanimous ruling has little significance, as Alito wrote, “This decision might as well be written on the dissolving paper sold in magic shops. The City has been adamant about pressuring CSS to give in, and if the City wants to get around today’s decision, it can simply eliminate the never-used exemption power. The Court has emitted a wisp of a decision that leaves religious liberty in a confused and vulnerable state.” In its future dealings in foster contracts, Alito asks, “What if it simply deletes the exemption clause? Voilà,” Alito writes, “today’s decision will vanish, and the parties will be back where they started.”

The Court has once again struck a glancing blow for religious liberty rather than establishing a rock-solid precedent.

Just last week the court refused to hear Arlene’s Flowers, Inc. vs. Washington, another case where fighting for one’s religious liberty ends without justice while damaging one’s livelihood. Colorado baker Jack Phillips is still a target after he won his Supreme Court case and the Little Sisters of the Poor have had to make two court appearances.

Given the left’s enmity to religious liberty, the nation is in desperate need of a Supreme Court that must boldly defend it.

How pathetic that any of these cases had to petition the Supreme Court, let alone make a trip to court at all.  Throughout this litigation, the charitable works of CSS were partially derailed hurting the very people the leftists in Philadelphia claim to care about.

How many times does the Supreme Court have to decide in favor of the religious before the harassment ends?

The Supreme Court whiffed a grand opportunity to protect religious liberty more convincingly.

Here’s hoping they will not miss the next one because there will be a next one.

Such proceedings only underscore how our ultimate trust lies not with the Supreme Court, the Congress, or who sits in the Oval Office, but in Divine Providence.

Amen

 

Originally posted 2021-07-08 16:12:42.

Recent Posts

A Star-Spangled Misfire

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I have been remiss from posting any gobbly gook from the swamp creatures of late, but with good reason. We just returned from a weekend in Tuscaloosa, Alabama to witness our granddaughter graduating from the University. WOW.  Impressive is an  understatement! I’m sure some of you attended a university as large and impressive, as Alabama, but I had not. I was awestruck. At my granddaughter’s suggestion, I even had a “Yellow Hammer,” actually I had three, and I might add suffered the entire next day. LOL

But then I digress. Great article from my favorite presenter. Although growing up only 30 miles from D.C., and having been stationed there for two years, I must admit I really did not know much of  its history. Oh I knew it it was not a state, but beyond that I have to claim ignorance. Just in case you fall into the same category, please copy and paste the link below for a very good explanation of D.C. and why it is not a state from the Encyclopedia Britannica. 

https://www.britannica.com/place/Washington-DC

Then read Greg’s excellent article about Biden’s attempt to simply expect Congress to make it a state.

By Greg Maresca

In May 2008, presidential candidate Barack Obama announced during a campaign stop that he had been to 57 states. Such an embarrassing blunder was glazed over like a Crispy Cream donut. In retrospect, it was perhaps a Freudian slip. Provided Democrats get their way, they will get closer to 57 by adding Washington D.C. as the 51st state with Puerto Rico waiting on deck.

As president, Obama must regret not going for broke with the whole socialist agenda when he had the chance. President Biden has certainly wasted no time in picking up the slack in his first 100-days in office.

Provided you need to be reminded: elections have consequences.

In Article I, Section 8 of the Constitution, the Founding Fathers created a special federal district for the sole purpose of not being a state. Writing in The Federalist No. 43, James Madison clarified that without a separate federal district, the federal government “might be insulted and its proceedings be interrupted with impunity.” It is obvious the Founders did not want to subject the federal government to the sway of any state government.

Moreover, D.C. statehood would violate the intent that states have substantial land mass. Aside from the original 13 states, no state was smaller than 30,000 square miles until Hawaii entered the union in 1959. However, with a total of 137 islands and over 10,000 square miles, Washington D.C. does not even come close.

If that’s not enough, the 23rd Amendment enfranchised D.C. residents in presidential elections with three Electoral College votes, tenured its venue and size, designating it as the “seat of Government.” The amendment established that the only way to repeal a constitutional amendment is with another amendment.

It was no oversight that the nation’s capital is not a state, but rather an exclusive territory under the absolute authority of Congress, where elected representatives and senators from every state in the union could meet on neutral ground to conduct the nation’s business.

The nation understands D.C.’s unique constitutional status. A 2020 Gallup poll said 64% of Americans opposed DC statehood vs. just 29% in favor. Sorted by party and region, there were “no major subgroups of Americans voice support for DC statehood.”

If the city’s denizens do not appreciate their longstanding historical significance, they can always vote with their feet and move. This legislation symbolically labeled H.R. 51 would turn the District into exactly what the Founders rebuffed.

In a dichotomy of the times, Democrats desire to localize what the Constitution explicitly has federalized, while at the same time trying to federalize everything else. The statehood push is ultimately a power play for Democrats who want to turn D.C. into a city-state as the deep blue District will guarantee them two seats in the Senate changing the chamber’s partisan composition in their favor. With the Chairman of the House Judiciary Committee wanting to pack the Supreme Court, adding two additional Senators via D.C. is a Democrat two-fer.

Democrats’ carry-on like this because they know Republicans will not put up a fight. Here is yet another version of Democrat unity and healing where the end goal is a one-party totalitarian centralized state.

This legislation is nothing but a power grab in the first-degree. If it were truly about statehood and the fabricated mantra of “taxation without representation,” Democrats would introduce legislation for D.C. to become part of Maryland from which it was initially ceded. But that doesn’t work as it would not obtain the desired two additional Senate seats.

Without missing an opportunity to race bait, New York Democrat Rep. Mondaire Jones, called arguments against D.C. statehood “racist trash.” Naturally, if you oppose D.C. statehood on any level be it Constitutional, historical, you name it; you are to be smeared as a racist because a majority of its residents are black.

With the Senate filibuster requiring 60 senators to advance any legislation, the odds of D.C. statehood are formidable. Democrat Sen. Joe Manchin of West Virginia said he will not support the legislation or efforts to eliminate the filibuster. “If Congress wants to make D.C. a state, it should propose a constitutional amendment,” Manchin suggested.

Manchin is one Democrat who actually gets it.

Perhaps more will join him.

What  did surprise me was the  29%  who were in favor of making it a state. I wonder how many of those were ignorant, as I, about its history?

Originally posted 2021-05-06 14:13:55.

Current Events

A COVID Christmas

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Please allow me to take this moment to say that I sincerely hope  all my blessed followers had a wonderfully merry Christmas regardless what your local dictators may have said. Mine said have a joyous Christmas with your families and friends, but then I consider myself fortunate by choice to have a sensible, for the people, Governor. My bride and I go to church every Sunday and then to a late breakfast at one of our favorite restaurants.  Life is good in Florida.

I will wish you a very happy new year if you can. I will not have a happy one as best as I can see into the near future. Our MSM wants you to believe 2020 was the worst ever. Well, don’t chalk it up to record books just yet for 2021 may prove to be a close competitor.

Here another thought provoking article from one of my favorite authors.

 

By: G. Maresca

 

American religiosity has been in decline for more than a generation and with the added fear of COVID-19, many Christian leaders have deserted their flocks.

Welcome to Christmas 2020, where the biggest crisis is not a virus but a lack of faith.

Church leaders have conceded to government diktats in this era of COVID-19 in a doleful attempt to brand themselves as benevolent.

The Constitutional right to freely worship, virus or not, was underscored with the recent Supreme Court ruling prohibiting arbitrary limits on church attendance.  Despite the court’s 5-4 decision, religious liberty has never been in more need of defense, especially when New York Gov. Andrew Cuomo dismissed the ruling as “irrelevant” and “political.”

California Gov. Gavin Newsom had imposed a 10 p.m. curfew, which would have made attending Christmas midnight Mass, a criminal offense.  Perhaps Newsom would find Mass more acceptable if it were celebrated in the French Laundry restaurant – site of his crowded birthday party?  This is another example of directives made by the faithless affecting the faithful in the ongoing leftist agenda to secularize America.

Archbishop Fulton Sheen would be appalled how the church hierarchy has acquiesced to the state.  The state prohibits Alcoholics Anonymous meetings, yet liquor stores remain open.  Churches should have had the same rights as beer distributors, pot smokers and abortion clinics – all deemed essential.

Mandatory masking, overflowing hand sanitizer, and social distancing are in vogue in houses of worship, but what is missing are the children.  Churches will not survive without them.  Few in the pews are under age 50.  Sign-up sheets, roped off pews, and parking lot services did little to bring anyone back, let alone evangelize.

Limiting, or worse, cutting off sacramental grace from Christ’s mercy has only deepened the divide.  The science supporting lockdowns has failed to stop the spread, and may prove deadlier than the virus it was meant to heed.

If anything, COVID-19 underscores daily that no human endeavor can prevent our eventual death from any cause.

Any government that has the authority to restrict your livelihood, family gatherings, and houses of worship is worse than any virus.  The alternative is subservience, empty pews, and lost souls.

The COVID-19 generation may never come back.  The unrelenting attack on Christianity will never cease until the faithful stop kowtowing to tyrants.  Science isn’t going to save you and it is no coincidence Democrats are leading the charge.  What do you expect from a political party that has forced religious sisters to provide for contraception?   The left knows all too well that faith can be exorcised by breaking one’s spirit and will.

Too many politicos claiming to be Christian believe Jesus Christ came to put a chicken in every pot rather than to feed souls and offer salvation.  As long as a portion of a bishop’s budget is generated from government service contracts, towing the party line will be its low-hanging fruit.

Where are the bishops’ supernatural faith?

Where are today’s St. Thomas Mores, and St. Joan of Arc’s, or Fulton Sheens?

Prophetic voices must emanate among the bishops to speak truth to this abuse of government power.  As suicides and other mental health issues increase, we need more prayer, not less.  The secularist, dictatorial governors and mayors and designated so-called experts seeking to oppress worship reveal their contradictory priorities, daily.

Christmas is not the time to take counsel of your fears, but recall the hope that only a sincere faith provides.  Has there been a year in living memory when the Christmas promise is in such demand?  The reason for the season is here, and never leaves.  Jesus was born during one of the darkest periods in human history as the Roman Empire begot moral depravity on an unparalleled scale.  Our Lord did so by entering the world in the humblest of ways to show He will go anywhere when invited.

In a remarkable sign, Jupiter and Saturn crossed paths this past week appearing as one body in the night sky.  They were closer than they have been in nearly eight centuries and was labeled the “Christmas Star.”

Many need to heed the message the angels announced that first Christmas: Fear not!

The child whose birth we celebrate is Emmanuel, “God with Us.”

If God is with us, who can be against us?

 

Originally posted 2020-12-26 10:26:05.