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Entries in Judicial Activism (33)

Sunday
Dec212014

FreeKeeneNews - District Court Denies Concealed Carry to Keene Activist 

Concealed Carry "Right" Denied 

District Court judge upholds Keene Police's denial of Keene activist Derrick J Freeman's concealed carry license. Derrick's supposed right to bear arms has been violated despite him never having been accused of a single violent act.  In a two-page order, judge Edward Burke insists Derrick's convictions for various victimless crimes that put him in proximity to police and his alleged disrespect for them mean that he's "unsuitable" to concealed carry. New Hampshire's "shall issue" statues allow for the huge loophole of "unsuitable" people to be denied the concealed carry license.   Derrick responded in his blog, "Judge Burke’s decision means that while it is perfectly legal for me to carry a firearm openly, it is a crime for me to conceal that firearm, for example by putting on a winter jacket. Local government bureaucrats in Keene are infringing on my right to bear arms."

He is considering an appeal to the NH Supreme Court.  

You can watch the full court hearing and read the two-page court order.

Feel free to get in touch with me if you have questions or would like to interview Derrick,
Ian Freeman
Blogger, FreeKeene.com
Monday
Dec012014

Daily Signal - Union, Prosecutor Team Up to Push Papa John's to Pay More 

The Daily Signal

 

Dec. 1, 2014

Morning Bell

Union, Prosecutor Team Up to Push Papa John's to Pay More

How did a union official know about the government's lawsuit against a Papa John's restaurant before even the pizza franchisee did?

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Why Legalizing Pot Is a Bad Idea

Daily Policy Focus: The science is clear and unambiguous—pot is a dangerous substance. It is not like alcohol at all.

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This Police Department Seems to Think Law Enforcement Is a 'Get Rich' Scheme

Last year, the city of Sunrise caught flack for luring criminals from around the country into the Florida community so they could seize their cash and cars under civil forfeiture laws. Well, it's back in the news.

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Friday
Oct242014

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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Thursday
May292014

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

6

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.

Saturday
Mar022013

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.