Category Archives: Law

No Salvation From The Gang of Nine

Constitution, Free Speech, Law, The Courts

By Myron Robert Pauli, Ph.D.

Every June is when the Supreme Court announces its decisions on the disputes on which it picks to rule. According to Chief Justice Charles Evans Hughes, “The Constitution is what the judges say it is.” Each year, they hand down very erudite but often nonsensical opinions citing previous erudite nonsensical opinions (known as “precedent”). If you trace back all the precedents, you might get a slight resemblance to the US Constitution, just as if you rotate 1 degrees each time for 180 times, you wind up pointing in the opposite direction.

From my view, the biggest nonsense of 2015 was Zivotofsky v. Kerry, a relatively inconsequential case over Congress instructing that passports for people born in Jerusalem list Israel as their birthplace. Now, the 4th clause of Article 1 Section 8 gives Congress authority over the rules of naturalization, which would seem to me, to cover citizenship status. Congress could declare Jerusalem births to be from Israel, Jerusalem, Palestine, Bolivia, or Mars. NO – said 6 Justices – that power is exclusively reserved for the president (Where is that stated in Article 2??).

Many were annoyed by the Obamacare decision – but there should be little surprise. In 1937, the Supreme Court had decided: (1) The 10th Amendment has no meaning. (2) Congress can hand out welfare, retirement, etc. “benefits” to individuals at will. (3) Congress can delegate legislative powers in the form of “regulations” which can be drafted by unelected bureaucrats and where citizens can be fined and imprisoned for violating. So, Gomer Pyle, where is the “surprise surprise surprise”? Congress surely didn’t read the 2900 page Affordable Care Act. I somewhat doubt that Obama read the 2900 pages and, in any case, has changed it at will every month. Why should a “wise Latina” like Sotomayor decipher 2900 pages of hieroglyphics? Besides, only one person in the galaxy understands what is in that glop and that is Professor Gruber. If hyperregulation is good on Mondays, why is it wrong on Tuesdays? Basically, the Supremes did not want to touch that greased pig of a bill.

The Court often rules for freedom of speech. This angers “conservatives” when the speech is smutty and angers “liberals” when it is plutocratic oligarchs funding 30 second political spots. Admittedly, the smut is on a higher intellectual and more honest than the 30 second ads. But is the Supreme Court responsible because more people watch smut than read the Bible? Is the Supreme Court responsible because people believe those silly spots where Hillary uses her billion buck fundraising booty from sucking up to the oligarchs and special interests to accuse Jeb of being a corrupt tool of the oligarchs and special interests and Jeb uses his billions to accuse Hillary of being the corrupt tool?

And, of course, we have gay marriage? Personally, I am not going to change because someone marries the same sex or a consenting bear or their toaster (but don’t fool around with the vacuum cleaner!). If millions are going to descend into Sodom because of a few people’s preferences, those millions cannot have very strong moral convictions. But again, did the Supreme Court cause “indecency” or are they just “following the election returns” (and popular trends)?

And the granddaddy of all brouhahas: abortion. Theoretically, the right to abortion follows the right of a person to “do what she wants with her body.” Hence, a person can chop off her leg, cook it in the over, and eat it. But America has not had 55 million cases of cannibalistic self-mutilation. America has had 55 million abortions since 1973. Is there not some responsibility for that among the tens of millions who decided to terminate the lives of those developing children?

When Stevens in Gonzales v. Raich said that a woman smoking dope in her basement interferes with interstate commerce, he also pointed out that if the law is idiotic, Congress and the president should repeal the law. Yes folk, don’t look at Ginsburg, Scalia, Roberts, and Rehnquist as the Blessed Mother and the Holy Trinity! If this nation is authoritarian, corrupt, bloated, idiotic, or immoral – time to gaze into the mirror. You will not receive Salvation from the Gang of Nine.

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Barely a Blog (BAB) contributor Myron Pauli grew up in Sunnyside Queens, went off to college in Cleveland and then spent time in a mental institution in Cambridge MA (MIT) with Benjamin Netanyahu (did not know him), and others until he was released with the “hostages” and Jimmy Carter on January 20, 1981, having defended his dissertation in nuclear physics. Most of the time since, he has worked on infrared sensors, mainly at Naval Research Laboratory in Washington DC. He was NOT named after Ron Paul but is distantly related to physicist Wolftgang Pauli; unfortunately, only the “good looks” were handed down and not the brains. He writes assorted song lyrics and essays reflecting his cynicism and classical liberalism. Click on the “BAB’s A List” category to access the Pauli archive.

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?

Justice John Roberts Cements Position … On The DC Party Circuit

Healthcare, Individualism Vs. Collectivism, Law, The Courts

Did you expect anything different from Justice John G. Roberts Jr.? Why? This is the chief of the country’s legal politburo of proctologists, who had previously rewritten Obama’s Affordable Care Act, and then proceeded to provide the fifth vote to uphold the individual mandate undergirding the law, thereby undeniably and obscenely extending Congress’s taxing power.

What did this “conservative” jurist do NOW? Reports Lyle Denniston of the SCOTUS Blog:

… a divided Supreme Court ruled on Thursday that subsidies to help lower-income Americans buy health insurance will remain available in all fifty states.

That, the Court concluded by a six-to-three vote, was what Congress intended when it passed the sweeping overhaul of the health insurance market five years ago. If the subsidies are not available across the nation, Chief Justice John G. Roberts, Jr., wrote for the majority, that would bring about “the type of calamitous result that Congress plainly meant to avoid.”

Had the ruling in King v. Burwell gone the other way, to eliminate subsidies in thirty-four states, at least 6.4 million Americans likely would have almost immediately lost the insurance coverage that many of them have for the first time. And, given the way Congress wrote an interlocking law, the cascading effect of the loss of subsidies for so many probably would have collapsed the whole arrangement — a point that Roberts embraced in foreseeing the potential for a “death spiral” for the ACA.

The Chief Justice’s twenty-one-page opinion was an often technical interpretation of many arcane provisions of the ACA, but it was clear that the outcome had been driven in considerable part because the majority had accepted the centrality of the subsidy scheme to the law as a whole, and had found persuasive the dire predictions of the impact of sharply paring down that scheme.

The decision closely tracked most of the arguments that the Obama administration had made in defending the nationwide availability of subsidies, in the form of tax credits. …

MORE.

“A Romp Down Memory Lane With Justice Roberts” will show that Roberts has always been about the moves. With his affirmation of the right of the state to compel the individual into a purchase, Justice Roberts moved into the DC party circuit. Roberts’ smooth moves, today, on behalf of The Powers will cement his position on this circuit.

The ‘Ferguson Effect’

Crime, Law, Race

Like it or not, it is undeniable that “urban safety” is hampered when law enforcement is criminalized. In practice, that means that “law-abiding residents of poor communities” suffer. How much? Heather Mac Donald has the grim statistics:

… Gun violence is up more than 60% compared with this time last year, according to Baltimore police, with 32 shootings over Memorial Day weekend. May has been the most violent month the city has seen in 15 years.

In Milwaukee, homicides were up 180% by May 17 over the same period the previous year. Through April, shootings in St. Louis were up 39%, robberies 43%, and homicides 25%. “Crime is the worst I’ve ever seen it,” said St. Louis Alderman Joe Vacarro at a May 7 City Hall hearing.

Murders in Atlanta were up 32% as of mid-May. Shootings in Chicago had increased 24% and homicides 17%. Shootings and other violent felonies in Los Angeles had spiked by 25%; in New York, murder was up nearly 13%, and gun violence 7%.

Those citywide statistics from law-enforcement officials mask even more startling neighborhood-level increases. Shooting incidents are up 500% in an East Harlem precinct compared with last year; in a South Central Los Angeles police division, shooting victims are up 100%.

By contrast, the first six months of 2014 continued a 20-year pattern of growing public safety. Violent crime in the first half of last year dropped 4.6% nationally and property crime was down 7.5%. Though comparable national figures for the first half of 2015 won’t be available for another year, the January through June 2014 crime decline is unlikely to be repeated. …

MORE.

This is what Ms. Mc Donald told Paul Gigot of the Journal Editorial Report (I love text; it’s becoming rare):

GIGOT: Heather MacDonald is a fellow at the Manhattan Institute and a contributing editor at “City Journal.” And I’m happy to say, contributing writer for the “Wall Street Journal,” in a column last week … which had a big impact. Hundreds of thousands of readers called it the new American crime wave.

Is it really that bad? What are we really seeing here in terms of a change from the big decline in crime over the last 20, 30 years?

MACDONALD: Some cities, it is very, very bad. It’s not every city. Some are holding stable with a little bit of an increase. But in enough significant cities, the percentage increase is so large as to really demand attention.

GIGOT: And what’s behind it?

MACDONALD: I think what’s behind it is the last nine months of obsessive anti-cop hysteria that this country has lived through based on a few isolated and questionable shootings of black men that should be, if they are criminal, prosecuted and paid attention to. But by no means represent the norm of policing in America or the way most black men die today, which is at the hands of criminals, not the police.

GIGOT: But is this criticism leading to changes in police practices? For example, are the police saying we’re criticized so let’s not do the kinds of things that we were doing before. Don’t go into high-crime neighborhoods, for example? Let’s not pursue Stop and Frisk, which you can stop somebody, then see if they have a gun. And sometimes that gets guns off the street, or so that’s what the people who support it claim. Is it a change of police practices that’s going on?

MACDONALD: Police are still responding to 911 calls. If they get a violent felony calling in, they are responding. But it’s an informal change of officers that — if they have an option to respond or not, to undertake a discretionary stop, to ask a few questions, the very policing that is responsible for the two decades-long crime decline. Officers are hesitant to engage. They’re worried that they’ll be indicted for a good- faith mistake. They’re worried about the ubiquitous cell phone videos that rarely capture the resistance that led an officer to use force. And so officers having been told now, for the last nine months, that proactive policing, going out enforcing broken windows offenses, quality of life offenses against public drinking, that that is somehow a racist assault on minority communities, are understandably saying, well, then maybe we won’t be as aggressive and active.

GIGOT: Now, are you hearing that from — when you go — you talk to police across the country

MACDONALD: Yes.

GIGOT: When you do that, is that what you’re hearing them say privately?

MACDONALD: Absolutely.

GIGOT: They are telling you this?

MACDONALD: Oh, yes. They are very worried. They’re worried about losing their jobs. The arrest situation in places like Baltimore is unbelievably hostile. When the police are responding to a 911 call, crowds gather, jeer at them, sometimes throwing things at them for no reason. There was an incident in Baltimore recently where a man with a gun started running, the police had been called to the scene because of a 911 call saying a man with a gun. His own gun went off, he fell to the ground, started writhing and saying the police shot him. The police, who had never discharged their guns, were pelted with Clorox bottles, bricks, water bottles. This is happening not just in Baltimore but the tensions are rising elsewhere

GIGOT: What about Bill de Blasio’s argument that, look, there are — shootings are up, OK, but it’s gang-on-gang violence, and therefore it’s not something that the broader community in New York needs to worry about.

MACDONALD: Most shootings are always gang-on-gang violence. But if they get to a level, and even at any level, there are innocents inevitably taken as well.

GIGOT: Shootings, crossfire, that sort of thing?

MACDONALD: Of course. You know what kills me? We all know the names of Michael Brown, who was falsely turned into a martyr. The Justice Department itself discredited the “Hands Up, Don’t Shoot” shot —

(CROSSTALK)

GIGOT: In Ferguson.

MACDONALD: Marcus Johnson is a 6-year-old boy in St. Louis, who, on March 11th, when the protesters were converging on the Ferguson Police Department, again, demanding the resignation of the entire department, Marcus Johnson was killed by a stray bullet in a St. Louis park just a few miles away. America does not know his name. Why is that? Because the “Black Lives Matter” movement only applies to blacks who are killed by the police trying to do their jobs. The difference between most police shootings and gang shootings is the police do not have criminal intent. Training must work incessantly to make sure that they use force only as last resort. But they’re not the criminals we should be worrying about.

GIGOT: Heather MacDonald, thanks for being here.

MACDONALD: Thank you, Paul.

(Journal Editorial Report.)