Category Archives: Justice

UPDATED: Disparate-Impact Doctrine: Doing Away With Due Process (Obama’s Race Database)

Constitution, Justice, Law, Private Property, The Courts

Is there any doubt the US Supreme Court is engaged in shameless social engineering, and now regularly exceeds its constitutional appellate jurisdiction? A scandalous example of this is Justice Anthony Kennedy’s swing vote in affirming the disparate-impact doctrine, thus doing away with due process (property rights have long since been sundered).

The Doctrine holds “that the law allows not only claims for intentional discrimination but also, claims that cover practices that have a discriminatory effect, even if they were not motivated by an intent to discriminate.” (CNN)

An example that comes to mind: A property owner (in name only) doesn’t want to sell a residential property in a quaint little town to a developer who’ll erect an apartment block on the small space, currently surrounded by family homes. The government decides that this would impede the ability of poorer minorities to move into this cute little hamlet, and sues the seller.

The SCOTUS Blog:

On June 25, 2015, the Supreme Court, by a five-to-four margin, upheld the application of disparate impact under the Fair Housing Act (“FHA”) in Texas Department of Housing & Community Affairs v. The Inclusive Communities Project, Inc. While upholding the theory, the Court imposed significant limitations on its application in practice. [Yeah, right!]

In a disparate-impact claim, a plaintiff may establish liability, without proof of intentional discrimination, if an identified business practice has a disproportionate effect on certain groups of individuals and if the practice is not grounded in sound business considerations. The Court, however, imposed important limitations on the application of the theory “to protect potential defendants against abusive disparate-impact claims.”

Is there any wonder Attorney General Loretta E. Lynch was so jubilant? She “released the following statement … after the Supreme Court ruling in Texas Department of Housing and Community Affairs v. Inclusive Communities Project Inc.:

“I am pleased that the Supreme Court has affirmed that the Fair Housing Act encompasses disparate impact claims, which are an essential tool for realizing the Act’s promise of fair and open access to housing opportunities for all Americans. While our nation has made tremendous progress since the Fair Housing Act was passed in 1968, disparate impact claims remain an all-too-necessary mechanism for rooting out discrimination in housing and lending. By recognizing that laws, policies and practices with unjustified discriminatory effects are inconsistent with the Fair Housing Act, today’s decision lends support to hardworking Americans who are attempting to find good housing opportunities for themselves and their families. Bolstered by this important ruling, the Department of Justice will continue to vigorously enforce the Fair Housing Act with every tool at its disposal – including challenges based on unfair and unacceptable discriminatory effects.”

UPDATE (7/25): The link between the affirmation of the disparate-impact doctrine and Obama’s race database is obvious. Have race data will travel.

Paul Sperry:

… Unbeknown to most Americans, Obama’s racial bean counters are furiously mining data on their health, home loans, credit cards, places of work, neighborhoods, even how their kids are disciplined in school — all to document “inequalities” between minorities and whites.

This Orwellian-style stockpile of statistics includes a vast and permanent network of discrimination databases, which Obama already is using to make “disparate impact” cases against: banks that don’t make enough prime loans to minorities; schools that suspend too many blacks; cities that don’t offer enough Section 8 and other low-income housing for minorities; and employers who turn down African-Americans for jobs due to criminal backgrounds.

Big Brother Barack wants the databases operational before he leaves office, and much of the data in them will be posted online.

So civil-rights attorneys and urban activist groups will be able to exploit them to show patterns of “racial disparities” and “segregation,” even if no other evidence of discrimination exists.

MORE.

UPDATED: How Will Kelly Excuse Sandra Bland’s Arrest?!

Justice, Law, Natural Law, Rights, The State

It’ll be interesting to see how Megyn Kelly excuses the inexcusable and justifies the unjustifiable chain of events that culminated in Sandra Bland’s death, in a Waller County holding cell, in Texas. It’s probably futile to remind Ms. Kelly that what is permitted in law is often naturally illicit—in other words, wrong in natural law. Here follows the story of the demise of a young, innocent woman, via CNN:

Anger over Sandra Bland’s death in a Texas jail has boiled over after newly released video showed what happened at the traffic stop that led to her arrest.

Now, many question whether she should have been arrested at all.

The dashcam video shows Texas state Trooper Brian Encinia pulling Bland over July 10 for allegedly failing to use her turn signal. What started as normal conversation gets testy after Encinia asks her to put out her cigarette.

“I am in my car. I don’t have to put out my cigarette,” Bland says.

“You can step on out now,” Encinia replies.

Bland refuses to get out of her car, and the trooper opens her door and starts trying to pull her out of the vehicle.

What happens after that has ignited a debate about what the officer could have done versus what he should have done. …

MORE.

UPDATE: Kelly covered the arrest of Ms. Bland predictably. The less said, the better. This New York Times headline confuses matters:

“Dispute Over Sandra Bland’s Mental State Follows Death in a Texas Jail.”

The issue is Ms. Bland’s harassment and subsequent incarceration for no good reason; actions without which she would almost surely be alive today.

Why The National, Disproportionate Preoccupation With Two Perps?

Crime, IMMIGRATION, Justice, Law

It took hundreds of law-enforcement officers, aided by border patrol agents, to corner and catch two outlaws, on the lam in northern New York for three weeks. The manhunt for notorious killers Richard Matt and David Sweat is over (read the tedious details for yourself). As the law spares no effort in … praising itself, we can ponder the disproportionate obsession with these two criminals.

In particular, criminals of the Matt and Sweat caliber (or potential) cross the country’s Southwest, wide-open borders almost every day. They go on to integrate into drug cartels (yes, I’m pro-legalization; always have been), as drunk drivers and petty or not-so-petty criminals. No one stops them. No one is allowed to ask them for their pedigree.

So why the out-of-whack preoccupation with these two perps?

#Tsarnaev Spared Being Buried Alive In A #Supermax Prison

Crime, Justice, Law, Terrorism

Boston Marathon bomber Dzhokhar Tsarnaev “was sentenced Friday to join his brother in hell,” as New York Daily News put it, “for that brutal attack with pressure-cooker bombs at the finish line.”

This is what life would have looked like had Tsarnaev been sentenced to life in the United States Penitentiary Administrative-Maximum Facility in Florence, Colorado, which a warden likens to “life after death.”

More like being buried alive.

A Supermax prison is reserved for the most dangerous offenders. Once inside this concrete catacomb, the inmate will never again see the sky again. He is placed in leg irons, a belly chain, handcuffs and will have 12 gun towers trained on him at all times. The inmate’s private tomb is 84 square feet of concrete where he will spend 23 hours a day.

Death is more merciful than to be buried alive in a Supermax prison.