Category Archives: Law

Legal: The Not-So-Wise Latina Lets Loose

Affirmative Action, Law, Race, Racism, The Courts

What happens when the highest court in the land admits to the bench an individual who emotes rather than reasons, and is without the intellectual wherewithal to tell reason from emotion? You get the not-so-wise Justice Sonia Sotomayor, who delivered an unhinged disquisition in favor of institutionalizing affirmative action forever-after.

On Monday, reports John Fund, “the Supreme Court voted six to two to uphold the Michigan Civil Rights Initiative (MCRI), which was passed with support from 58 percent of that state’s voters in 2006. It simply enshrines in Michigan’s constitution that the state should not engage in race discrimination.” (Read “BUSH’S AFFIRMATIVE ACTION AMBUSH” as a refresher.)

But from where Sotomayor is perched, as a confessed recipient of affirmative action (“Sonia SotoSetAsides once admitted that her test scores ‘were not comparable to her colleagues at Princeton and Yale’”), the choice should not be up to Michigan voters.

At 58 pages, her dissent was longer than the opinions of all the other justices combined — and she took the relatively unusual step of reading it passionately from the bench.
“The stark reality is that race still matters,” Sotomayor said. “The way to stop discrimination on the basis of race is to speak openly and candidly on the subject of race, and to apply the Constitution with eyes open to the unfortunate effects of centuries of racial discrimination.” She went on to chastise the majority’s opinion: “My colleagues misunderstand the nature of the injustice worked by” the Michigan amendment.

At least that excuse for a Chief Justice, John Roberts (the man whose clever casuistry gave us Obamacare’s individual mandate), offered a firm rejoinder to this surly woman:

Roberts directly confronted Sotomayor in his own concurring opinion: “It is not ‘out of touch with reality’ to conclude that racial preferences may themselves have the debilitating effect . . . that the preferences do more harm than good. To disagree with the dissent’s views on the costs and benefits of racial preferences is not to ‘wish away, rather than confront’ racial inequality. People can disagree in good faith on this issue, but it similarly does more harm than good to question the openness and candor of those on either side of the debate.”

More about the career of SotoSetAsides.

State Theft Of Private Property Sets Legal Precedent For More Of The Same

America, Law, Private Property, South-Africa, Taxation, The State

With its monopoly over both law enforcement and “justice,” the state has seen to it that systematic theft serves as legal precedent.

“Long before Cliven Bundy faced down federal agents,” reports Fox News (who else?), “in his dispute with the Bureau of Land Management over grazing rights, fellow Nevada rancher Raymond Yowell, an 84-year-old former Shoshone chief, watched as the BLM seized his herd.”

Adding to that, since 2008 they’ve taken his money as well — in the form of a piece of his Social Security checks.

Yowell’s 132 head of cattle had grazed for decades on the South Fork Western Shoshone Indian Reservation in northeastern Nevada until 2002, when the Bureau of Land Management (BLM) — the same agency at odds with Bundy — seized them. The federal agency sold the cattle at auction and used the proceeds to pay off the portion of back grazing fees it claimed Yowell owed. Once the cattle was sold, the agency sent Yowell a bill for the outstanding balance, some $180,000. They’ve been garnishing his monthly Social Security checks since 2008 to satisfy the debt Yowell says he does not owe.

Tommy Henderson is another victim of state plunder of private property:

The Bureau of Land Management [BLM] took 140 acres of his property and didn’t pay him one cent.
Now, they want to use his case as precedent to seize land along a 116-mile stretch of the river …

In “Into the Cannibal’s Pot,” the issue of land grabs by the ANC, in South Africa, was addressed extensively, down to the heart-breaking mutilation of livestock by state-supported squatters, in the effort to hasten the ethnic cleansing of the Afrikaner farmer. The parallels to what is underway in the USA are greater than even I had foreseen.

Origination-Clause Argument Against Zero-Care

Constitution, Healthcare, Law

If—or rather when—a new constitutional challenge to Obamacare fails, this won’t be because Sissel v. United States Department of Health & Human Services lacks merit, but because we are governed by a tripartite tyranny of colluding quislings and their armies of extra-constitutional commissions and agencies, in whose legislation The People have no say.

Indeed, on May 8, 2014, an interesting and rather original oral argument is scheduled to be heard by the D.C. Circuit Court of Appeals, in the case launched against United States Department of Health & Human Services. The Plaintiff is the Pacific Legal Foundation. Here is a Summary of the PLF’s case:

Pacific Legal Foundation has launched a new constitutional cause of action against the federal Affordable Care Act. The ACA imposes a charge on Americans who fail to buy health insurance — a charge that the U.S. Supreme Court recently characterized as a federal tax. PLF’s amended complaint alleges that this purported tax is illegal because it was introduced in the Senate rather than the House, as required by the Constitution’s Origination Clause for new revenue-raising bills (Article I, Section 7).

The Origination Clause argument is part of an amended complaint filed in PLF’s existing lawsuit against the ACA, Sissel v. U.S. Department of Health & Human Services, pending before Judge Beryl A. Howell, in the U.S. District Court for the District of Columbia.

PLF’s Sissel lawsuit was on hold while the U.S. Supreme Court considered the challenge to the ACA from the National Federation of Independent Business (NFIB) and 26 states, in NFIB v. Sebelius. As initially filed, PLF’s Sissel lawsuit targeted the ACA’s individual mandate to buy health insurance as a violation of the Constitution’s Commerce Clause (Article I, Section 8).

MORE.

UPDATE II: The Elephant In the Courtroom

Crime, Justice, Law, Racism, South-Africa

Finally, media other than yours truly mentions, if fleetingly, the elephant in the Pistorius courtroom: unidirectional, black-on-black and black-on-white violent crime. Examined in depth and at length in Into the Cannibal’s Pot, crime, and the fear of being butchered, was likely behind the blade runner’s irrational, irresponsible actions.

“[F]or all his privilege, Oscar Pistorius knows the rapacity and invincibility of the criminal class in his country. Like every other Afrikaner, he knew in his gut what infiltrating gangs would do to a legless Boer. He had seen images of the mangled bodies.” (From “Blade Runner Killing And The Media Blackout.”)

The Economist doesn’t go so far as to acknowledge the legitimacy of the fear, but does mention it:

When Mr Pistorius declared in his testimony, “I shot out of fear,” he became the voice of many white South Africans. They tend to see themselves as living in the shadow of violent crime, retreating behind high walls, electric fences and steel doors. From there they can summon private security guards, who are twice as numerous as policemen, by pressing a panic button.

The trial has revived a long-running debate about other aspects of crime. South Africa’s murder rate is one of the highest in the world: 30.9 for every 100,000 people, compared with 4.7 in the United States. Yet the rate has fallen by half in the past 15 years. Rich whites, the most fearful among South Africans, are actually the least endangered. Most victims are poor and black.

Though both the accused and the victim in the Pistorius case are white, race is never far away. … the case in fact involves a third protagonist, “the threatening body, nameless and faceless, of an armed and dangerous black intruder”. …

Actually, in proportion to their numbers in the general population, whites and Indians are more likely to be victimized by the criminal class in South Africa.

UPDATE I (4/21): A reader affirms the above, writing as follows:

“I have so often, ever since the dreadful act that ended the life of Oscar Pistorius’ girlfriend, wanted to write to you Ilana, and say: Please tell your readers about the ghastly fear that every Afrikaner suffers from; the fear that he would be murdered in the most atrocious manner, mangled, tortured, raped before family members;slaughtered. So thank you for being true to the truth. His is the insane reaction of anyone—especially an Afrikaner living in his birthland—who knows what he will suffer at the hands of black criminal gangs who almost have permission to murder from the silent government. You, Ilana, are the right person, at the right time to make this known.”

UPDATE II: Via Brian James Smith on Facebook: Thanks to Cuan Elgin with the below list. Nothing to fear? South African justice is seen to be working like this circus of a trial…? Think again. The reality of South Africa this past week.
Black-on-White attacks: 7 Days. 20 Attacks. 27 Victims. 3 Women Raped. 7 People shot. 6 People Murdered:
9 April: Leon Pretorius (50) and his wife Phylis (49) were attacked at their place of business in Bloemspruit. Leon was shot twice. He is in hospital.
9 April: An Elderly man was attacked and murdered in his home in Dinwiddi. He was stabbed and his neck was broken.
9 April: An elderly couple was attacked, assaulted, tied up and robbed in Helderkruin.
10 April: A Family was attacked in their home in the Featherbrooke Estate. The mother and daughter were assaulted and the father was shot. He is recovering in hospital.
10 April: A 27-year-old woman was attacked by 4 black men. She was abducted and raped.
10 April: ‘A 58-year old woman was attacked and raped at the Anstey’s Beach Guest House in Brighton Beach.
10 April: The Lombaard couple was attacked on their farm in Tulbach. They were able to defend themselves and the attackers fled.
11 April: Lazlo (87) and Carol Bercsenyi were attacked in Bon Accord. They were hacked with axes. Lazlow died from his injuries.
12 April: Jaap Pretorius (52) is in a critical condition after an attacked on him and his fiancé in Bloemfontein. He was shot in the head.
12 April: A 62-year-old man was attacked in his holiday home in St. Francis. He was assaulted, tied up and robbed.
12 April: Vicus Botha (63) was assaulted in front of his home in Pietermaritzburg. He was badly beaten and died from his injuries.
13 April: A 48-year-old woman and her husband were attacked by 4 black men in their home in Benoni. The woman was raped by the attackers in front of her husband.
14 April: Kobus Nieuwoudt (41) was attacked, assaulted and shot in Ontdekkerspark.
15 April: Rina Hough (65) was stabbed to death at her home in Senekal.
15 April: Bart Klopper (63) was attacked and assaulted at his farm in Edeville. He sustained serious head injuries.
15 April: Johan Nel and his 13-year-old son were attacked and assaulted on their farm in Wolmaransstad by 6 black men armed with CZ88 pistols.
15 April: Frik Bodenstein (58) was attacked on his farm in Witbank. He was hacked with machetes and is recovering in hospital.
16 April: Johan Bornman and his wife were attacked in their farm in Vredefort. Johan was shot in his face and shoulder and is in hospital.
16 April: W/O Steven Britz (44) was shot dead at the Klapmuts Police Station.
17 April: Hannes Duvenhage (68) shot dead in Ermelo