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Showing posts with label SCOTUS. Show all posts
Showing posts with label SCOTUS. Show all posts

Wednesday, December 6, 2017

In Masterpiece, gay couple wants to have their cake, and have you eat it

Phillips creates his art at the Masterpiece Cakeshop
The Masterpiece Cakeshop is a small bakery located in a shopping center in Lakewood, Colorado, just west of Denver. The proprietor is Jack Phillips, and he is not simply a baker. Phillips is an artist.

The business website proclaims that for your wedding, birthday, or special occasion, "Phillips creates a masterpiece. Custom designs are his specialty: If you can think it up, Jack can make it into a cake!"

For more than two decades, Phillips grew his business into an award winner, one of the most popular of its kind in the Denver area. But now, despite it being one of their most popular services, the shop is no longer accepting custom wedding cake requests.

Masterpiece and Phillips are embroiled in a highly controversial and public battle that has wound its way to the United States Supreme Court. There will be no wedding cakes, at least until the court makes their ruling.

It all began more than five years ago. In the summer of 2012, a gay couple was planning to get married. Charlie Craig and David Mullins, that couple, wanted their cake designed by Masterpiece. 

However, Phillips wouldn't do it, claiming that his religious beliefs kept him from creating designer cakes for same-sex celebrations. He would, however, sell the couple other baked goods. Craig and Mullins, with the ACLU of Colorado in their corner, decided to literally make a court case out of the refusal. 

According to a timeline of the events provided by Kaitlyn Schallhorn for Fox News, in May 2014: "The Colorado Civil Rights Commission decided at a public hearing that Masterpiece had violated Colorado's Anti-Discrimination Act, or CADA. Phillips was ordered to change its company policies as well as offer “comprehensive staff training” to employees. The cake shop was also required to provide quarterly reports about how it handled prospective customers."

That ruling was just one in a series of court decisions in the five years since the original complaint. The current SCOTUS case of Masterpiece Cakeshop, Ltd v. Colorado Civil Rights Commission will finally settle that legal battle once and for all.




At issue is a clear attack on individual freedoms. Does the government have the right and ability to force a business owner to create a product that is against their legitimately held personal and/or professional beliefs?

The clear answer for anyone who cares about freedom would be: no, the government has no such right.

The couple wants you to believe that this is a case about gay rights. That is a farce. Phillips was not denying sales to Craig and Mullins. They were free to choose from any number of items available at the shop.

This is about freedom of expression for the artist. Do the research and take a look at Phillips' specialty work. That is exactly what he is, an artist. To force him to make a gay wedding cake against his legitimately held Christian religious beliefs would actually violate his own rights.

Michael Farriss leads the Alliance Defending Freedom, the organization representing Phillips and Masterpiece in this case. He recently stated the following in a Fox News piece:
"Since the dawn of the republic, our constitutional order has honored individual freedom of mind and accorded citizens the corresponding liberty to speak and refrain from speaking as their conscience directs. Yet this formerly prized feature of our legal system devoted to individual freedom now faces growing opposition."
That growing opposition largely comes from liberal progressives such as Craig and Mullins. There was a much more appropriate course for the couple. Simply take your business elsewhere. Then ensure that the gay community learned of the Phillips position at the Masterpiece Bakeshop. 

Saturday, March 18, 2017

Who Are These Federal Judges?

Judge Derrick Watson of the 9th Circuit Court
Much frustration has been visited in recent weeks upon those who support President Donald Trump in his efforts to better secure our nation.

The source of that frustration has been certain federal judges, who have squashed the President's executive orders to ban immigration to the United States from particular nation's deemed as security risks.

Many are wondering: who are these judges? How did they get their jobs? Can they be replaced? Why do they decide the issue, instead of the Supreme Court?

A quick primer of the U.S. federal judicial system is in order to help fully understand the issue. Congress has established 13 courts of appeals, divided up based on geographical regions of the country. These are often referred to as the "circuit courts" in the media.

It is the job of the circuit courts to hear appeals of civil and criminal issues brought before them. This is what has been happening with the President's executive orders. Attorneys General in state's that disapprove of the orders are appealing their legality to the circuit courts in their geographical area of the country.

For instance, the Attorney General in Hawaii appealed the President's most recent immigration executive order to the Ninth circuit court, which covers the western region of the United States. 

The Ninth is generally known to be one of the most historically liberal circuits as to their rulings. It is also the largest circuit court, covering some 20% of the U.S. population. It is divided, as are each of the other circuits, into smaller geographical "districts", which oversee any actual federal trials.

The 13 circuit courts do not actually hold trials. Instead, they hear arguments in the form of "briefs", the arguments presented by lawyers for both sides of any matter brought as an appeal based on decisions in the lower courts. The circuit court judge hearing the case then makes a ruling.

Those circuit court rulings are not necessarily final. Any party not satisfied can appeal to the Supreme Court of the United States (SCOTUS) by asking for a "review" of the case.

Tuesday, January 31, 2017

Why SCOTUS Pick Should Be Pryor

It has been announced that President Donald Trump is going to publicly announce his nominee for the opening in the Supreme Court of the United States (SCOTUS) on Monday evening.

The announcement is to take place during a live television broadcast at 8:00pm EST. This is a high profile time slot, and is entirely befitting the important nature of this vital nomination.

The Supreme Court of the United States is the highest federal court in our nation. Established in 1789 by our original U.S. Constitution, the SCOTUS has ultimate appellate jurisdiction over all courts in the land. 

Thus, SCOTUS is the final arbiter on nearly all court cases of vital national interest. Decisions are rendered by a majority vote of the Chief Justice and eight associate justices, all of whom serve a lifetime term.

That last part is vitally important. Once a justice is appointed to the SCOTUS, they serve until they either die, retire, resign, or are impeached and convicted by the U.S. Congress. Since no SCOTUS justice has ever been successfully impeached and convicted, appointees are almost certainly going to serve as long as they wish.

The only U.S. President to serve a full term in office and not have the opportunity to appoint a justice to the SCOTUS was Jimmy Carter. Now, less than two weeks into his first term in office, President Trump gets that opportunity.

Trump's pick is vitally important for a number of reasons, but primarily because the court vacancy that he is filling has been open for nearly a year. Last February 13, longtime noted SCOTUS justice Antonin Scalia passed away suddenly in his sleep at age 79.

Sunday, January 24, 2010

Thanks Mom?

My mother was a very good woman, of that I am as certain as anything I have ever known in this life.

She loved God, loved her family, and despite being overwhelmed by a debilitating illness that robbed her of much of her life's full enjoyment, she never ceased to express that love to either.

My mom mattered. She mattered in my life, the life of my brother, the lives of my children, and the lives of a great number of other friends and family members. She touched us all in a way that will always be with us.

But for as much as she was to everyone else, what she was to my brother Mike and I was extra special. But did she choose life for us? Roe did not exist then, should it have, should we have been her 'choice'?

This is an important idea to discuss, as yesterday was the awful anniversary of the 'Roe v Wade' court decision that made abortion a legal medical procedure here in the United States. What 'Roe' effectively did was lead to the mass slaughter of more than 50 million American babies over the next three and a half decades.

Supporters of that decision would argue that had 'Roe' been in effect in 1961, my birth would not have been the miracle from God that it was considered at that time, but instead it would have been a medical 'choice' made by my mom. And it would have been a 'choice' that she could make regardless of what my dad wanted.

Of course her 'choosing' to nurture and birth me out into the world should probably be something that would make me happy, right? What is better, to be considered just some random accident of nature, or something forced on her by God, or a conscious choice made by one's mother or parents together?

Saturday, May 2, 2009

Will April's Showers Bring May Flowers?

April was a pretty rough month in any way that you want to size it up. Record spending, debt, unemployment. A major shift towards socialism by our government. Increased attacks on the sacrament of marriage by homosexuals and liberal thinkers. And then finally ending with an attack by a Swine Flu pandemic.

It's all a bit much for a normally happy soul such as mine to take in for one big reason. There is no end in sight.

President Obama was only recently elected, and just took office three months ago. He still has more than three years at a minimum in office, and if the magnitude, scope, and pace of his 'Change' continues as it has thus far it will be an agonizing three years.

One thing that I have come to appreciate over the course of these past three months is the utter joy and euphoria that Obama elicits in his followers. It makes me jealous, because frankly I have never, ever had that feeling for a President of the United States.

Forget Kennedy and Johnson, I was just a baby. As a young child, Nixon and Ford certainly were not high on my priority list. I liked Jimmy Carter at first. He spoke to my youthful desire for progressivism.

Carter was a minister and brought a certain amount of credibility and morality to the office, which was important to the country after the dishonesty of Nixon's Watergate. And he was intelligent too, a genius, at least that's the rep that the media was passing around.

But it was also Jimmy Carter who began to ruin things for my early liberalism.

Sunday, February 15, 2009

Hands That Shed Innocent Blood

For the past couple of weeks this 'Sunday Sermon' series (each entry can be read by clicking on the label at the bottom of this post) has been focusing on Proverbs 6:16-19 which covers the six things that the Lord hates, and a 7th which is an abomination.

The 3rd item in this list would be "hands that shed innocent blood" which is sadly ironic considering Friday night's murder of Philadelphia police officer John Pawlowski.

Whether or not John's killer will end up spending an eternity in hell, whether anyone who takes an innocent human life will suffer that fate, is not for us to say or know. But one thing that Proverbs makes undeniably clear is that this murder of innocents is particularly detestable to God Himself.

On Friday night, John Pawlowski was an innocent man. Perhaps more than that, he was working actively to try and help keep peace and order in his community. He was a police officer in an increasingly violent major American city that is itself ironically nicknamed 'The City of Brotherly Love'. It is a moniker that is no longer appropriate.

John and his partner exited their police vehicle after being flagged down to handle a disturbance on the highway. While handling this dispute, one of the individuals involved reached into his own pocket and shot right through his jacket, killing John Pawlowski there and then. Innocent blood once again shed in one of the acts that God hates.

Each year, hundreds and hundreds of Philadelphians are murdered in cold blood by their fellow citizens.

Thursday, January 22, 2009

Marching For Life

January 22nd, 1973 was one of the worst dates in the history of the United States of America. On that date 36 years ago today, the Supreme Court of the United States (SCOTUS) delivered its opinion in the case of 'Roe vs. Wade'.

According to the SCOTUS decision, most laws restricting abortion in America violated a constitutional right to privacy under the Due Process clause of the 14th Amendment to the U.S. Constitution.

The ruling basically overturned all state and federal laws restricting abortions. It centrally held that a mother could abort her pregnancy for any reason up until the point at which the baby, referred to in the ruling by its scientific developmental stage name 'fetus', became 'viable'. It defined viability as the baby having the potential to live outside the mother's womb, albeit with artificial aid, and placed this term at between 24-28 weeks.

The court also held that abortion after viability must also be available in order to protect a woman's health, and this 'health' was defined broadly in a companion case called 'Doe vs. Bolton'.

The court based its ruling on its desire to protect personal freedoms and privacy. A woman should be able to make medical decisions involving her health along with her doctor, and the government should in no way be interfering in this process.

Of course never anywhere in their ruling did the court recognize the very apparent fact that there is not just one life, not just one person's health, being affected by a decision to abort. There is a baby alive inside of the mother.

Tuesday, November 4, 2008

The Importance of the Electoral College

One of the most important institutions in America is also one of the least understood. I am talking about the Electoral College, the select group of voters who actually determine the winner in Presidential elections such as those taking place today between Barack Obama and John McCain.

There are many who believe that the election should be a simple popularity contest, with the candidate who receives the most votes by the general public declared the winner.

In their view, if John McCain receives 50,000,001 votes and Obama receives 50,000,000 then McCain is the winner.

Simple logic should tell you that is a poor way to choose. After all, we all understand that there is fraud in some voting precincts. Would you want a close election stolen by dozens of votes across the country cast by Mick E. Mouse, among others.

Also, America is made up of diverse populations and communities. Why should a few states with large urban city populations such as New York and California determine who the President will be, with smaller rural states such as Oklahoma, Louisiana, Missouri, and Tennessee always at the whim of these cities?

So this brings up two important questions. First, why have a popular vote at all? Second, who makes up this Electoral College, and how does it work? Let's take the 2nd question first.

Friday, October 19, 2007

Johnny & Susie Sittin' in a Tree?


When I was a little kid in Catholic grade school if you “liked” another little kid of the opposite sex, meaning thought they were cute,there was a now-quaint little ditty that the other little kids chanted at the two of you:

Johnny and Susie, sittin’ in a tree, k-i-s-s-i-n-g. First comes love, second comes marriage, third comes Susie with a baby carriage.

It all seemed so innocent back then. It was a way for others to mock the little kiddy relationship that was budding. No one, absolutely no one, ever expected little Susie to actually turn up pushing that carriage. And little Susie never did. Ever.

But as the years have passed, morality has been eroded away in America and around the world. There are attacks on American values and institutions happening on a daily basis. Another downward step in this overall decline is happening in Maine, where a middle-school is now giving out birth control to students.

Arguments have been made along the lines of ”they are gonna do it anyway, you may as well give them birth control and education”, and that “there are parents who can’t or won’t transmit values” to their kids. One advocate said: “This isn’t about encouraging kids to have sex. This is about the kids who are engaging in sexual activity.”

Hogwash.

Monday, October 31, 2005

SCOTUS WARS

Kudos to President George W. Bush for getting it right, or should that be 'Right', this time around with today's nomination of Samuel Alito for a SCOTUS seat to replace retiring Justice Sandra Day O'Connor. 

Alito is currently a sitting judge on the U.S. 3rd Circuit Court right here in Philadelphia. The 55-year old was appointed to that seat by the first President Bush, George H.W. back in 1990. 

Alito has been nicknamed "Scalia Lite" and "Scalito" due to a perceived similarity in judicial philosophy with conservative originalist Justice Antonin Scalia, for whom Alito once clerked. 

Those who know him say that his temperament is more like that of new SCOTUS Chief Justice John Roberts, and that his experience, intellect and charm will make it very difficult for the LibDems to defeat his nomination. 

Alito has more judicial experience than any Supreme Court nominee in 70 years, and if really an originalist as advertised, is exactly what the President's Republican conservative base has been looking for since previous nominee Harriet Miers removed her name from consideration. 

The nomination is absolutely certain to raise the ire, blood pressure and tempers of liberal democrats and their radical left-wing support organizations, and should trigger quite a battle in the process. 

But that philosophical battle is just what we on the right have been looking for all along. Let the SCOTUS WARS begin!

Tuesday, October 11, 2005

The Trouble With Harriet

President George W. Bush has nominated Harriet Miers, the official White House Counsel, to replace the retiring Sandra Day O’Connor on the Supreme Court of the United States (SCOTUS).

The nomination was made on Monday October 3rd, 2005, the same day that John Roberts officially took his seat as Bush’s first SCOTUS appointee, and also took the reigns as the new Chief Justice of the Supreme Court, replacing the recently deceased William Rehnquist.

The fact that the President had the opportunity to appoint two new judges to the court at all during his term, let alone the rare opportunity to appoint two within a couple of months, should have been a cause for euphoric celebration on the Right, his and the Republican party’s base.

When Mr. Bush was elected, he promised his constituency that, if given an opportunity to make appointments to the court, his appointee(s) would be strict constructionists in the mold of current conservative SCOTUS stalwarts Antonin Scalia and Clarence Thomas.

In last year’s Presidential election, Bush defeated Democratic nominee John Kerry by receiving over 62 million votes, the highest vote total ever received by any American candidate for the office.

A large number of these voters, certainly the vast majority needed to secure Mr. Bush’s victory, knew when they cast their ballots that there was a strong likelihood of at least one, and likely multiple SCOTUS openings that would be filled by the man sitting in the Oval Office during the next term.

Mr. Bush’s pledge to appoint solid conservatives who could likely be counted on to help reverse the court’s decades-long liberal leanings was one of the principal reasons that he received many of those votes.

So now, flash forward to less than a year after the election. Justice O’Connor announces her retirement, and within a couple of months, aging Chief Justice Rehnquist passes away after a period of ill health.

Within a year, Mr. Bush has the opportunity to reward those 62 million voters with a pair of solid, proven conservative constructionists.

Friday, July 22, 2005

Who is John Roberts, and Why Should You Care?

Earlier this week, in a nationally televised announcement befitting the importance of the occasion, President Bush introduced his nominee to the United States Supreme Court. He named Washington, D.C. circuit court judge John Roberts to replace retiring Justice Sandra Day O’Connor.

But just who is John Roberts, and why should you care? Why is this whole Supreme Court thing such a big deal?

Why are you going to be saturated with coverage of Roberts’ confirmation hearings, and why is the same thing going to happen as the President makes even more appointments in the future.

First, let’s get the biography out of the way. John Roberts is a 50-year old married father of two children, a native of Buffalo, New York who graduated magna cum laude from both Harvard College and Harvard Law School. While at Harvard he served as Managing Editor of the Harvard Law Review.

Out of law school in 1980, Roberts clerked for current Supreme Court Chief Justice William Rehnquist. He moved on to become an associate counsel to the Reagan administration, and then took on the position of deputy solicitor general under the first George Bush, arguing cases for the government position in front of the Supreme Court.

Friday, July 1, 2005

Courting a Texas Originalist

The announcement was not unexpected, it had been rumored at least for weeks. And yet when Sandra Day O’Connor announced her resignation from the U.S. Supreme Court last week it still seemed to take many of us by surprise.

It has been 11 long years since the last opening occurred on the nation’s highest court, and it was beginning to seem like this latest coterie of individuals would preside over our most intimate and important issues forever.

Of course, nothing lasts forever but God Himself, and so this opening for a new appointment to the court was inevitable.

Mrs. O’Connor was the first female to ever be appointed to the court, named by the man who was just recently voted the greatest American in history by a poll conducted by the Discovery Channel and AOL, beloved former President Ronald Reagan.

However, it was not just making history that Reagan was after. He had been out front in helping defeat the Equal Rights Amendment, which proved to be the death knell for the activist womens’ movement that had swept across liberal America during the 1970’s.

In defeating the ERA, Reagan had promised to appoint the first woman to the high court if elected in 1980. When he nominated O’Connor, who was obviously pro-abortion in her decisions, the most conservative Senators fell in line and approved her, not wanting to challenge their staunchly conservative leader as he appointed the first woman ever to the court.

Friday, June 24, 2005

Supremes Loose Leviathan to Become Master of All

On Thursday the United States Supreme Court handed down a ruling in the case of Susette Kelo (left) et al v. City of New London, 04-108 that stated in it’s simplest explanation “If the government wants your property, it can come and take it, no matter what you want. Period.”

In what is becoming typical of most of the court’s controversial rulings, the vote was by just a 5-4 margin.

Voting to allow local government’s increased powers to take your land, home and business were the four usual liberal suspects: Ginsburg, Souter, Breyer and Stevens. Siding with them, as he has done increasingly over years, was Reagan appointee Anthony Kennedy.

The Great Communicator must be rolling over in his grave these days about that appointment. Caving in to the political pressures against outstanding dream nominee Robert Bork was one thing. But compromising with the increasingly nightmarish Kennedy has to be considered a whole other matter entirely. The liberals fretted all those years with Reagan, and ended up with one of their own on the top bench anyway.

But back to the matter at hand. The case that the court was deciding involved the small Connecticut town of New London. A few years back, pharmaceutical giant Pfizer Corporation decided that it wanted to locate a facility in the town.

Good news for local business, right? Everyone in the community on board. The trouble started when the commission formed to evaluate the plans for the Pfizer development decided to get ambitious.

Plans began to expand in city officials’ minds for an entire waterfront business park initiative. They foresaw hotels, clubs, restaurants, even a new Coast Guard Museum, all attached to the Pfizer property and aimed at bringing tourists to the area.

Problem was, some folks, including Kelo (pictured) owned houses in the development area, and they didn’t want to sell.