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Entries in Judicial Activism (31)


Daily Signal - Is Next Step in War on Religious Liberty Inspection of Religious Schools?

The Daily Signal


October 24, 2014

Morning Bell

Is Next Step in War on Religious Liberty Inspection of Religious Schools? That’s Happening in the UK

There is no doubt that the rights the First Amendment protects—freedom of speech and freedom of religion—are increasingly the most attacked.

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Judge Sides With IRS, Dismisses Lawsuits by Conservative Groups Over Targeting Scandal

A federal judge in Washington, D.C., sided with the Internal Revenue Service and dismissed lawsuits by tea party organizations.

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Bioterrorism Should Be a Bigger Concern Than Ebola

Daily Policy Focus: America could face an even greater medical threat in the future: bioterrorism.

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ALG's Daily Grind - House moves against Obama's Internet Giveaway 


May 28, 2014

Permission to republish original opeds granted.

House moves against Obama's Internet Giveaway
For years conservative activists have prodded the House of Representatives to use their unique Constitutional power of the purse to rein in Obama Administration excesses.  This week, the U.S. House of Representatives is doing just that through a series of amendments that will be considered to the bill that appropriates money for the Departments of Commerce and Justice, along with other science related agencies.

Obama administration hides its use of bad science
Six years later, we know that President Obama's pledge to run the most transparent administration in history was merely a campaign promise, a White House talking point, and not a statement of management style.

Reid's nuclear-confirmed judge ignores the law
The rule of law is officially dead in America.

Left Says: American Dream the "Worst Logical Thing"
To you, it's your piece of the American Dream, a single-family house with a yard where your kids can play and you can turn up the stereo to 11 without bothering the neighbors. To Denver City Council President Mary Beth Susman, it's ecologically unsound.


AUL Action Calls for NO Vote on Caitlin Halligan to the U.S. Court of Appeals 

Halligan "is unqualified to sit on such a prestigious court because of her conduct in office, using her position in state government to advance radical, pro-abortion legal theories against the constitutional rights of pro-life citizens," said AULA's Dr. Yoest. 

WASHINGTON, D.C. (03-01-13) – Americans United for Life Action President and CEO Dr. Charmaine Yoest called for the U.S. Senate to vote no on cloture on the nomination of Caitlin Halligan to the U.S. Court of Appeals for the District of Columbia Circuit, in what will be a scored vote on life. “Halligan shows signs of being the quintessential judicial activist,” noted Dr. Yoest.  “She is unqualified to sit on such a prestigious court because of her conduct in office, using her position in state government to advance radical, pro-abortion legal theories  against the constitutional rights of pro-life citizens."  

Cloture is likely to be filed on her nomination, followed by a vote next week.

Halligan’s abortion activism came to light when she used her position as Solicitor General for the state of New York to bring the weight of her office against peaceful pro-life protestors. In 2002, in the Supreme Court case of NOW v. Scheidler, Halligan attempted to squash the First Amendment rights of private citizens who opposed abortion, and tried to intimidate and bankrupt them by expanding the reach of the federal Hobbs Act and the federal civil RICO (racketeering) law. Halligan urged the Supreme Court to adopt NOW’s unprecedented legal theory that public protest that diminished the business of abortion clinics constituted federal “extortion.”

 For 10 years, from 1985 to 1995, AUL was co-counsel for Joseph Scheidler in NOW v. Scheidler and thereafter filed amicus briefs to the U.S. Supreme Court against the expansion of Hobbs Act extortion and RICO, defending the constitutional rights of Americans to peacefully assemble and peacefully protest.

Halligan’s role in the case was extraordinary because she attempted to persuade the Supreme Court that the history of New York law was essential to a proper interpretation of the Hobbs Act/RICO and that her position at Solicitor General of New York gave her special insight and influence in interpreting New York’s extortion law.

The Supreme Court threw out the case twice and eventually rejected Halligan’s position 8-1.  Even Justice Ginsburg, the most liberal member of the Court, authored a concurring opinion rejecting Halligan’s attempt to stretch the Hobbs Act to apply to abortion protestors.  Ginsburg wrote, “The Court is rightly reluctant, as I see it, to extend RICO’s domain further by endorsing the expansive definition of ‘extortion.’

“Halligan admittedly ‘provided substantial assistance’ in filing the brief on behalf of New York and inserting herself into this effort to sever pro-life Americans from their Constitutional rights,” said Dr. Yoest. “Her willingness to twist laws--designed to confront organized crime--against peaceful protestors demonstrates why Americans United for Life Action is calling for a NO vote. The Supreme Court in Roe v. Wade wrongly took the issue of life out of the hands of voters through an activist court. Halligan’s nomination represents the possibility of further judicial activism on abortion, and she must not be allowed to receive a lifetime appointment to the Court of Appeals.”

AULA will send a letter to members of the U.S. Senate to urge a NO vote on cloture on Halligan’s nomination.


AUL Action is the legislative action arm of Americans United for Life, a nonprofit, public-interest law and policy organization whose vision since 1971 is a nation in which everyone is welcomed in life and protected in law. AULA played an important role during the Health Care Reform debates because of its opposition to taxpayer funded abortion, which included pivotal advertising campaigns in 14 congressional districts and extensive work on Capitol Hill. AULA's efforts during the last two Supreme Court confirmation events led to Dr. Yoest being asked to testify before the Senate Judiciary Committee twice. AUL's legal team has been involved in every abortion-related case before the U.S. Supreme Court, including the successful defense of the Hyde Amendment. AUL also publishes Defending Life, the most comprehensive state-by-state legal guide of its kind, which is distributed annually to legislators across the nation.


NHDP - "Very Disappointing" 

Chris Sununu Calls GOP Support for Noted Judge, Domestic Violence Advocate "Very Disappointing"


CONCORD - Responding to criticism of domestic violence and Judge Susan Carbon, Chris Sununu said it was "very disappointing" that prominent Republicans supported Carbon's re-appointment to the bench.


Sununu wrote, "I think in the end the difference was the incredible number of calls each of the Councilors received from strong Republicans across the state pushing for Carbon's appointment. Sen. Ayotte, Gov. Merrill, many Sherriffs, Legislators, etc. all came out for her in the final days and got Burton and St.Hilaire to vote 'Yes'.  Very disappointing."


"What is 'very disappointing' is that Chris Sununu did not have the courage to stand up for a respected jurist and domestic violence advocate," said Raymond Buckley, chair of the New Hampshire Democratic Party.


Carbon served as a New Hampshire District Court judge for a number of years before leaving to head the U.S. Department of Justice's Office for Violence Against Women. When she returned to New Hampshire, the bipartisan Judicial Selection Commission recommended she be re-appointed to the bench. Her re-appointment was supported by prominent Republicans, but opposed by some groups that rail against domestic violence laws and custody cases.


Sununu's comment was posted on a list serve, along with an email that had been sent to councilors, saying, "Ms. Carbon is a well known gender radical, who has advocated solely for the protection of women against violence."

"Chris Sununu should be standing with good judges - and with advocates for domestic abuse victims - not calling Republican support for them 'very disappointing,'" Buckley said. "Chris Sununu owes the people of his district an explanation."






Sent: Wednesday, August 22, 2012 10:42 PM
To: Chris T. Sununu
Subject: RE: Very Disappointing


Thanks Chris for the call back and your efforts.  The people will just have to work with the redress of grievance committee to build a case against Carbon if she again abuses her discretion and authority.


I have no doubt that we will eventually bring judicial accountability back to NH and will impeach a few judges before the group is convinced of the change.




Best, Jeff



Hon. Jeffrey D. Oligny

NH State Representative

Hampstead - Plaistow - Kingston

House of Representatives

Children & Family Law Committee


- Due to the large volume of e-mail I receive, I'm unable to respond to all messages personally. Please call me at 205-351-8003 if your message is urgent -

From: Oligny, Jeffrey
Sent: Wednesday, August 22, 2012 3:25 PM
To: Chris T. Sununu
Subject: Very Disappointing

Chris, What happened?


We couldnt have waited till a more reasonable governor made some more reasonable reccomendations  Carbon too?!?!


Best, Jeff



Hon. Jeffrey D. Oligny

NH State Representative

Hampstead - Plaistow - Kingston

House of Representatives

Children & Family Law Committee



From: Chris T. Sununu
Sent: Thursday, August 23, 2012 8:23 AM
To: Oligny, Jeffrey
Subject: RE: Very Disappointing

I think in the end the difference was the incredible number of calls each of the Councilors received from strong Republicans across the state pushing for Carbon's appointment. Sen. Ayotte, Gov. Merrill, many Sherriff's, Legislators, etc. all came out for her in the final days and got Burton and St.Hilaire to vote 'Yes'.  Very disappointing.



Christopher T. Sununu

New Hampshire Executive Council  -  District 3



From: David Vandenberg
To: National Fathers <
Sent: Friday, August 10, 2012 11:50 PM
Subject: "NCFC-NH" Letter



Dear Executive Councilors:


I am writing to express my serious concerns about Governor Lynch's recent judicial nominees, in particular, Susan Carbon and Jennifer Lemire.  The recently founded petitions of the General Court's Committee for Redress of Grievances has highlighted the troubled records of many judges.  The Monitor reports that these petitions were founded along party lines.  This is incorrect.  While the Democrats vote against every petition, the Republicans voted down those petitions that were not supported by documents or other evidence.  In other words, the Republicans exercised their judgment, while the Democrats exercised their demagoguery.  Of particular note was Democrat Representative Keans, who upon information and belief was the subject of one petition.  Rather than properly recusing herself, she persisted on the committee and voted against the petitioner, which was not surprising, as she voted against every single petition.  


The petitions have brought into the light of day the numerous abuses of citizens at the hands of state agencies and state judges, including Ms. Lemire, whom the committee recommended be "fully investigated . . . to determine the extent of wrongdoings including noncompliance with the laws of New Hampshire."  And what were the founded wrongdoings of Ms. Lemire?  She issued confiscatory orders that led to the petitioner's serious financial damage; she refused to consider the petitioner's inability to pay court-ordered fees; she failed to comply with the law relative to modification of parenting time and child support; and she abused her judicial discretion.


A second nominee is Susan Carbon, who has served most recently as Director of Obama's Office of Violence Against Women.  Ms. Carbon is a well known gender radical, who has advocated solely for the protection of women against violence.  Of course, no one is against that.  The problem is that more domestic violence is inflicted by women against men.  Even Ms. Carbon admits this.  On February 16, in her opening statement to the US House Subcommittee on Crime, Terrorism, and Homeland Security she stated:  "One in every four women and one in every seven men have experienced severephysical violence by a current or former spouse, boyfriend, or girlfriend."  That's right.  Almost twice as many men are victims of domestic violence, yet all the programs of the Violence Against Women Act are directed to protect women, of course.  Look at the title of the act.  How can the citizens of New Hampshire have confidence in the objectivity of an administrator whose stated goal is to protect the victims of domestic violence, yet blithely ignores fully 2/3 of the victims because they carry the incorrect genitalia?  We can only expect that Ms. Carbon will extend her gender radicalism and blindness for the majority of the victims of domestic violence that she professes to be concerned for as a family court judge.  What are the many fathers of New Hampshire to do, when they come before a Judge Carbon and ask for protection for themselves and their little ones when in her current role she cares not one whit for these parents or their children, but only for the interests of an interest group based upon an accident of birth, being female.


Is this the best and the brightest that Gov. Lynch can find across this state?  Do we really want to put these foxes in charge of the henhouse?  With nominations like this, we can expect that future generations will place Governor Lynch's official portrait in a dark corner of the statehouse, most likely in a stall in the ladies' room, where he can be appropriately worshiped.



Aug 9, 2012
NH Executive Councilman 
Dan St.Hilaire
District 2


I spoke with you at the Cheshire County Republican Committee nearly two years ago and we discussed the ongoing concerns in the Family Courts. As I recall, you concurred with my identified issues. You earned my vote. A responsibility of the NH Executive Council is to approve the nomination of Judges made by the Governor. Six new Judges have been recently nominated by Governor Lynch. I urge you to give careful consideration to your approval and even exercise caution with some of the nominees.

There are many fit parents (no finding of abuse or neglect) that are NH citizens and have had very negative experiences within the Family Courts. SGT Thomas Ball is the only self immolation in the USA and did this politically driven act on the steps of a Cheshire County Court House as the result of ongoing issues encountered in Family Court. The 15 page Last Statement written by SGT Ball outline and provide examples of concerns with Judges and Violence Against Women's Act (VAWA). The NH House Redress of Grievance Committee as heard from many petitioners that also had very negative experiences in Family Courts. Judges and Martial Masters have been founded by the committee for allowing perjury, violating an individual's expression of religious freedoms and ultimately, preventing fit parents from retaining a meaningful parent child relationship.

It may be beneficial to review the custody decisions of Martial Master JENNIFER A. LEMIRE. Have her recommendations to the supervising Judge in contested divorces been gender equal when both parents are litigating to be an active part of the child's life? If not equal, what is the basis?

Are you aware that SUSAN B. CARBON is the Obama Administration head of VAWA working under Eric Holder in the Federal D of J? That experience appears to have excessive influence over State Court decisions, especially when the NH Coalition Against Domestic and Sexual Abuse is funded in part by grants from VAWA and is a very active and influential lobbyist for the Courts and Guardian ad Litems. This gives the appearance of a Conflict of Interest that the EC may need to consider when approving this nominee. SGT Thomas Ball may have been writing about her or the result of her actions in his Last Statement that discussed VAWA personnel.

Julie Introcaso is the Deputy Clerk in Rockingham. Redress petitioner #5 presented very disturbing concerns with the Martial Master, Judge and staff in that Court. Does Ms. Introcaso have the credential to be promoted from Deputy Clerk to a Judge in this very contested Court? Additionally, she serves as counsel to the Supreme Court's Attorney Discipline Office. From the results of Redress petitioner #14, the Judicial Conduct Committee (JCC) ignored a citizen's complaint against a MM and Judge where as the Redress Committee made a finding against both the MM and Judge. Do attorneys, that also belong to the NH BAR, get relief for the Attorney Discipline Office in the same manor as MM and Judges get relief from the JCC?

I trust your background investigation provides assurance that the Judges nominated by the Governor and approved by the EC will not face that same Redress of Grievance Committee that several of the current Judges have. As a fellow Republican, I trust that you appreciate the party platform including "Advocate a presumption in favor of joint custody and favor equitable treatment of both parents in child custody and child support determinations" along with "Will work to ensure due process rights of those accused of child abuse or neglect". Your decision on these nominations should be constant with supporting your parties expectations. 

Thank-You for considering my input in your decision making process.

Greg Brede
Chesterfield, NH
Cheshire County

Exec Councilman R. Burton District 1
Exec Councilman C. Sununa District 3
Exec Councilman R. Wieczorek District 4
Exec Councilman D. Wheeler District 5


From: "" <>
Sent: Friday, August 10, 2012 7:31 AM
Subject: "NCFC-NH" Appointments



Dear Executive Council Members,


Governor John Lynch has sent, or will send, you a list of appointees for positions within the Judiciary.  As you know, John Lynch is, and has been, a typical Liberal/Progressive. His administrative policies have been to spend, spend, spend, and to choose appointees whose Socialistic ideologies match his own.  We Republicans have been hard pressed to keep his Socialist policies from destroying the economy of the great state of New Hampshire.

Budgetary considerations aside, Lynch has been working with the courts to support a family court system that has made a mockery of the ideals of justice and fair play. Not only does the state receive payments from the federal government for collecting child support, but the child support collection agency (DHHS-CSES) pays the courts for hearing child support cases. All strictly illegal and unconstitutional, but lucrative.

In order to keep the money flowing, one parent has to be made non-custodial, in spite of reams and decades of studies which prove that shared physical custody is better for children, parents, and society as a whole. (National Probate Judges' College)

The marital masters and judges appointed by John Lynch have done their part, and have, in fact, waged a War Against Fathers which has just recently begun to be exposed to public scrutiny by the Legislative Committee on Petitions for Redress.


The Redress Committee has heard a number of cases brought before them by citizens aggrieved by the abuses of the family courts. In each and every case, the marital master or supervising Superior Court judge has been found to have engaged in behaviors which violated state law and/or the Judicial Code of Ethics. Those abuses, proven by hard evidence, were considered so serious as to warrant a recommendation of impeachment. Not just in one case, but several. It it not isolated behavior, but a PATTERN of roguish behaviors that permeates the family court system.


The Supreme court tried to lessen the import of the family court's outrageous behavior by combining it with the district courts to form a new system called "CIRCUIT" courts.  As you know, "a rose by any other name...........


Now, our socialist governor has one last chance to pack the court with liberal/progressive ideologists.  One appointment in particular is egregious in the extreme. Lynch has nominated Susan Carbon, who left New Hampshire one step ahead of being impeached. Now, apparently not even capable of meeting Obama's

lax standards, she is being nominated for a return to the NH bench.


Rather than expose New Hampshire's citizens to more of the progressives' anti-family

abuse, I strongly urge you, the executive council, to deny ALL of Lynch's nominations.

We are sure to have a Republican governor after the next elections. Just wait, and let him/her make the necessary nominations.



Paul M. Clements


Gaffney, SC


ALG's Daily Grind - Conservative Judges: The Latest Targets Of The Left's 'War On Capitalism'

Oct. 18, 2012

Conservative Judges: The Latest Targets Of The Left's 'War On Capitalism'

Steven Pearlstein's recent assault isn't just a hit piece on a potential conservative Supreme Court nominee – it's an effort to intimidate judges into surrendering to the Nanny Statists currently running this country into the ground.

Video: Debate Moderator Candy Crowley Throws Impartiality Out The Window, Is This Acceptable?

CNN's own Candy Crowley showed that she was more of a fan of Barack Obama than Mitt Romney. She joined forces with him during the debate.

Getting to the bottom of America's oily debate

Energy Information Agency data reflecting crude oil and lease production from federal and Indian lands shows a definite drop in production on offshore federal lands between 2010 and 2011.

A Memo to Joe Biden From the Middle Class

Middle-class Americans are, indeed, hurting, but not because the rich aren't taxed enough, rather, the federal government is too big and spends way too much.