Archive for the ‘the courts’ Category

POWIP noticed something from Mickey Kaus that I didn’t:

It appears the Democrats had not accepted the concessions outlined by Walker in an email to some Dem senators (an email his office released). These were discussed below. They allowed collective bargaining over a broader range of issues, but kept the provision ending mandatory union dues checkoff, which is arguably the change unions fear the most. emphasis mine

Walker was accused over and over of trying to bust the union but was willing to compromise on collective bargaining but that’s not what the unions fear. What the unions fear the most are their members.

Why do you think they were so insistent on card check? Why do you think they were so interested in eliminating the secret ballot? It is all about the ability to intimidate. If union membership actually provided enough of a benefit to the majority of their members they would not worry about the state forcing dues collection. People would be anxious to join and willing to pay. The truth is for many union membership has become all about supporting the leadership that supports the democrats and gains the majority of the benefits therein. Johnny Friendly lives!

Their latest move is not all that impressive either.

There are many Kloppenburg signs at the march and, as I’ve noted before, although it’s supposed to be a nonpartisan election, some people try to make it very political. I’ve seen many people out at the protests stressing the need to make Kloppenburg a Supreme Court Justice so that she can vote against the GOP budget repair bill and do other things that will help the party that lost the elections last fall get something back in the judicial process.

As the left becomes more desperate expect to see more and more of this kind of thing.

it’s this:

A Windsor, Ont. couple’s fight to bring their gravely ill baby home to die ended in bitter tears Thursday when a Superior Court judge dismissed their appeal to stop doctors from removing the infant’s breathing tube at the hospital.

The father and relatives of one-year-old Joseph Maraachli wept outside a London courthouse after an emotional Justice Helen Rady upheld the earlier decision of an independent provincial tribunal forcing the baby’s parents to comply with doctors’ orders.

With all of their legal avenues exhausted, the family will have to say goodbye to Joseph Monday morning — on Family Day — when his breathing tube will be removed.

Welcome to the future, it is here.

For Justice Silence is Golden unless it is not

Posted: December 23, 2010 by datechguy in the courts
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American Glob notes that the New York Times has different standards for when Supreme Court Justices should speak aloud.

Way back in the early days of the Blog I talked about Gay Marriage and Richard Cohen’s self=righteous hit piece:

Personally on a religious level I can’t support gay marriage but this is not a valid argument for a non-religious person. On a non-religious level it seems to me you can not rationally say that gay marriage is ok and should be legal without also allowing either polygamy and incest between consenting adults. Both have a longer and more accepted cultural history worldwide.

And PLEASE don’t give me the “ick” factor argument about these other things being accepted. Ick is just an argument about culture. It is the same argument that one would have heard concerning gay marriage less that 20 years ago. It is particularly galling when gay people are subject to state sponsored murder in places like Iran and ick is invoked beside Islam.

Via Glenn we have Eugene Volokh being a lawyer with some interesting items in the news has expanded on this bigtime:

(1) Should it be illegal, and, if so, exactly why? Is it just because it’s immoral? Because legalizing incest would, by making a future sexual relationship more speakable and legitimate, potentially affect the family relationship even while the child is underage (the view to which I tentatively incline)? Because it involves a heightened risk of birth defects (a view I’m skeptical about, given that we don’t criminalize sex by carriers of genes that make serious hereditary disease much more likely than incest does)?

(2) Given Lawrence v. Texas — and similar pre–Lawrence decisions in several states, applying their state constitutions — what exactly is the basis for outlawing incest? Is it that bans on gay sex are irrational but bans on adult incest are rational, and rationality is all that’s required for regulations of adult sex? Is it that bans on gay sex don’t pass strict scrutiny (or some such demanding test) but bans on adult incest do? Is it that Lawrence rested on the fact that bans on gay sex largely foreclose all personally meaningful sexual relationships for those who are purely homosexual in orientation, whereas incest bans only foreclose a few possible sexual partners?

Go and read his whole point but let me say that a Judge named Antonin Gregory Scalia saw this coming a mile away as did an awful lot of us. When I made the argument saying that you can’t logically ban polygamy while allowing gay marriage in a discussion on Center of Mass podcast this year my host insisted that it was totally different.

I’ve talked about the ick factor in the past. And let me quote myself one more time:

This is a republic. If the people who support gay marriage can move enough of the public in the individual states or on a national level to support it in an actual vote then the more power to them. That is how a republic works. With the media’s help they are well on their way to doing so, but let the people vote for it and if you win, you win. If your argument holds water it should be capable of doing so and you should be able to make that argument stick.

Take out the word gay marriage and enter anything you want instead and the argument holds. The fact that a respected lawyer is actually making the case tells me this is already coming down the pike. And let me leave you with some John Nolte in terms of changing the culture with the help of the media:

And this is how cinematic propaganda works. Whether the filmmaker’s motivations are good or evil, the idea is to get decent and thoughtful people to start second guessing themselves as they’re enveloped in the dark and held captive by the powerful sound and fury of the moving picture. First we’re led to identify and sympathize with a particular character, then that character does something designed to challenge our belief structure

None of this is a bug. It’s a feature.