Category Archives: Justice

UPDATED (4/21): Donald Trump’s Judicial Appointments: His Most Enduring Legacy. But, But …

Conservatism, Constitution, Donald Trump, Justice, Law

“Everything else could in theory be reversed. [Trump’s] effect on the law will be profound,” writes The Economist:

.. No president has confirmed more federal appellate judges (12) in his first year than Donald Trump. He has also seen six federal district-court judges confirmed, and one Supreme Court justice, Neil Gorsuch. Another 47 nominees await confirmation; 102 more federal judgeships remain open for Mr Trump to fill. With two of the Supreme Court’s liberal justices, and its one unpredictable member (Anthony Kennedy) aged 79 or older, the president may get to name another justice, cementing the Court’s conservative bent.

Mr Trump’s tax reform, penchant for deregulation and foreign-policy direction could all be reversed by the next president. But because federal judges serve for life, the largely young conservatives whom Mr Trump has placed on the bench will have an impact on American life and law that long outlasts his administration.

The federal judiciary is organised into 12 regional circuits and the nine-member Supreme Court. Around 400,000 cases are filed yearly in the federal system, which has around 1,700 judges. Each of these circuits has several district courts (there are 94 in all), which hear civil and criminal federal cases, and one appellate court (there are 13: one for each circuit and the appellate court for the federal circuit), which hears appeals against decisions made by federal district courts and agencies. Because the Supreme Court hears so few cases, federal appellate courts define most contested matters of federal law.

Every president leaves his mark on the federal bench, but Mr Trump’s will be larger than most, for two reasons. First, Senate Republicans confirmed fewer judges in Barack Obama’s last two years (22) than in any two-year period since 1951-52. Mr Obama left office with 107 federal judgeships still vacant—including Mr Gorsuch’s seat, held open because Senate Republicans refused to give Merrick Garland, Mr Obama’s nominee, a hearing. This was more than twice the number George W. Bush had at his presidency’s end. Second, in 2013 Senate Democrats eliminated the filibuster for lower-court nominees, which means judges can be confirmed with a simple majority vote, rather than the 60 required to break a filibuster. For many conservatives, this opportunity alone—rather than fear of letting Hillary Clinton exploit it—justified their support for Mr Trump.

He has not disappointed. …

… Mr Trump has nominated orthodox conservatives whom the Republican-controlled Senate has happily confirmed.

During his campaign, Mr Trump promised that the judges he nominated would be “all picked by the Federalist Society”, America’s leading organisation of conservative and libertarian lawyers. Many of his nominees have ties to the group, as do Mr Gorsuch and Don McGahn, the president’s counsel. Mr McGahn told a Federalist Society gathering in November that the administration wanted to nominate “strong and smart judges…committed originalists and textualists [who] possess the fortitude to enforce the rule of law”. Mr Trump’s nominees, he crowed, “all have paper trails…there is nothing unknown about them.”

That list of qualities contains subtle digs at the two types of judges conservatives want to avoid. The first, embodied by David Souter, whom George H.W. Bush appointed, is the nominee with a thin record on constitutional issues who turns liberal on the bench. John Roberts, the current chief justice, exemplifies the second type: many conservatives deride him as a squishy institutionalist who caved in to public pressure when he twice voted to uphold the Affordable Care Act.

The maturing of the conservative legal movement, which was in its infancy when Mr Bush picked Mr Souter in 1990, and the strength of its pipeline and networks, has made wild-card nominees less likely, particularly under Mr Trump, who appears happy to be guided by the “Federalist people”. That does not mean, of course, that presidents know how judges will vote on each issue for ever. But Republican judicial nominees share a legal philosophy that is sceptical of executive and federal power and inclined towards “originalism”, which interprets the constitution’s meaning narrowly, as it would have been understood when it was written.

The Economist: “Donald Trump’s judicial appointments may prove his most enduring legacy.”

UPDATE (4/21):

Justice Neil Gorsuch has forbidden the deportation of a criminal under a law the Judge deemed “unconstitutionally vague.” What’s vague about a clause that states a burglary can turn violent/deadly and, by extension, a man who commits one?

That’s vague? Pathetic.

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UPDATE II (12/2): Lay Off The Hebrew Bible, Bleeding Hearts: Here’s What Leviticus 34 Instructs Re Illegal Aliens

Christianity, Hebrew Testament, IMMIGRATION, Judaism & Jews, Justice, Nationhood

There is nothing in the Hebrew Bible, Leviticus 34, in particular, that would exempt illegal aliens from the law of the land (as Kate Steinle’s killer was exempted).

The stranger that sojourneth with you shall be unto you as the home-born among you, and thou shalt love him as thyself; for ye were strangers in the land of Egypt.

And, contrary to Rev. Ryan M. Eller’s dissembling and misleading “interpretation” of the tract, on Tucker Carlson’s show, Leviticus 34 makes very clear that the reference is to individuals who are TEMPORARILY in your country.

What does “sojourn” mean, Rev. Eller? It means “A temporary stay; a brief period of residence.” The reverend glibly translated the word “sojourn” (presumably) to mean citizens living among you.

No!

The Hebrew Testament is not the New Testament. It’s all about distinguishing the Jews and their homeland from the rest of the world. Don’t apply the Christian “We Are The World” dogma to the Hebrew Testament. Our Bible is a tough document. It’s full of ground-breaking exploration of natural justice; and some not-so-merciful meting of justice. But it’s not meant to meld the Jewish People with the World.

Leviticus 34 reminds the Hebrews that they suffered in Egypt as slaves to the Egyptians. Therefore, the people of Israel are to be kind to the temporary visitor among you. (They’ll soon be gone.)

UPDATE I (12/2/017):

And this is not Jewish:

UPDATE II (4/2/019): His name is Cardinal Robert Sarah. The next Pope, we hope.

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Most Deadly Mass Shooting Being Investigated By Most Corrupt Police Department

Conspiracy, Crime, Justice, Propaganda, Terrorism, The State

“It’s still too early to know, for sure, exactly what happened on that horrific Sunday,” writes William B. Scott (who knows the LVMP inside and out. His son, Erik, was gunned down by them in cold blood).

“However, the most deadly mass shooting in U.S. history is being investigated by one of the nation’s most inept, corrupt police departments. Las Vegas Metro’s forte is covering-up murders to protect its own officers’ actions, while also burnishing the department’s sorry image.”

What could possibly go wrong?

From the attached AP story:

“That account differed dramatically from the one police gave last week when they said Paddock ended his hail of fire on the crowd in order to shoot through his door and wound the unarmed guard, Jesus Campos.”
“….The parent company of the hotel has raised concerns that the revised timeline presented by police may be inaccurate.”

MORE.

UPDATE II (12/22): South-African Law Gone From Roman-Dutch To Tribal

Africa, America, Justice, Law, South-Africa

Two South African farmers, not the brightest, were convicted of “intent to murder” for pranking a trespasser, to teach him a lesson. Farmers are being killed by trespassers like Mr. Victor Mlotshwa, who turn home-invaders if they see an opportunity. The two farmers, Willem Oosthuizen and Theo Martins Jackson, wanted to teach him a lesson that would stay with him next time he entertained trespassing or thought of graduating to the next level of property invasion.

Judge Segopotje Mphahlele, also not the brightest, found the two guilty of attempted murder. Is there even a higher court in South Africa, manned with the kind of minds that might be able to explain to the country the imperative to overturn this silly judge’s verdict?

The “victim” was frightened but uninjured. Where is evidence of the intent to kill? Where’s mens rea?

Willem Oosthuizen and Theo Martins Jackson … were also found guilty of kidnapping, intimidation, and assault with intent to do grievous bodily harm.

If the trespasser was on the farmers’ property, how was this a kidnapping?

Dan Roodt provides comment:

It’s a travesty of justice. A simple prank out of frustration that the police offer no protection against trespassers, thieves and murderers becomes “attempted murder”. It was also trial by media and social media, because the cellphone video went viral. So it is mob justice, a cyber-mob but mob justice all the same. The black judge got carried away by all the cries of racism. He should have been more even-handed and fair, like a real judge. Every white South African should be worried after this: you could be the next accused and you will not receive a fair trial. After this, I am very worried about our courts.

There is an excellent section in Into The Cannibal’s Pot about the Courts. It dissects judgments rendered and shows how the law of the land is being ‘Indigenized’ (page 75).

UPDATE I (10/24): “Culturally Incompetent To Stand Trial”:

American law:

UPDATE II (12/22): Via The Economist:

Among measures urgently needed to reassure potential investors is a repeal of Mr Mugabe’s “indigenisation” law that called for firms to be majority-owned by black Zimbabweans.