Wednesday, July 7, 2010

As I was saying, In Obama's Monarchy; Where is the Supreme Court?

I just happened to read that the Supreme Court is alive and well thank you, but not for long if Kagan gets nominated and the vote swings against all Constitutional reasoning into chaos.
Quoted from Newsmax.com below:


Supreme Court vs. Obama: The Battle Lines Are Drawn


I was struck by the coordinated attacks on the Supreme Court by liberals on the Judiciary Committee," Tom Fitton, president of the conservative Judicial Watch organization, tells Newsmax. "I cannot recall any similar, sustained attacks on the high court in all my years in Washington. It is likely discomforting to all the Supreme Court justices. Obama and his liberal allies are trying to politicize the Supreme Court in a way not seen since FDR's attempt to pack it with extra appointees." One thing appears certain: Supreme Court Justice John Roberts isn't likely to back down to Obama. Roberts reportedly still is angry over President Obama's decision to use the State of the Union address to scold the justices for their Citizens United v. FEC ruling, which rejected limitations on corporate and nonprofit electioneering. When Obama said during the State of the Union address that the ruling would "open the floodgates" to donations by foreign companies and other special interests to influence U.S. elections, Justice Samuel Alito mouthed the words "Not true." Politifact, the independent fact-checking organization, agreed with Alito. It rated the president's statement "barely true," calling it an exaggeration. In their majority opinion, the justices specifically stated that their decision would not overturn the longstanding prohibition in 2 U.S.C. 441e(b)(3) against any foreign-based organization "directly or indirectly" spending money to influence the outcome of any U.S. election. The president's decision to use his bully pulpit to frame the ruling's political impact incorrectly may have caused lasting damage to his relationship with the judiciary. The Los Angeles Times reported on Tuesday that "Chief Justice John Roberts Jr. is still angered by what he saw as a highly partisan insult to the independent judiciary."



The Obama administration has already run into a brick wall in various court venues regarding its policies. Its setbacks, beyond the Citizens United case, include: * The administration's six-month moratorium on offshore drilling was blocked by a federal judge who wrote that "the plaintiffs have established a likelihood of showing that the administration acted arbitrarily and capriciously in issuing the moratorium." When the administration tried to get a stay of that judge's order, that pleading also was rejected. * In District of Columbia v. Heller, the Supreme Court struck down by a 5-4 margin the ban on guns in Washington, D.C. As solicitor general, Kagan had argued that the D.C. gun ban should continue. * In June, by another 5-4 vote, the court expanded the protections in Heller to residents of all states, striking down a gun ban in Chicago as a violation of the Second Amendment right to bear arms. * The administration is soon expected to go to court to try to block the Arizona law that aims to enforce the federal prohibitions on illegal immigration. There has been speculation the delay in the administration's lawsuit stems from its uncertainty over how to attack a law that is largely patterned after existing regulations that the federal government has declined to enforce. In part, the impending clash as the administration pushes its agenda forward appears to reflect the nation's growing partisan divide. In last week's confirmation hearings, Sen. John Cornyn, R-Texas, pushed Kagan to identify any area of economic activity that the federal government, under the U.S. Constitution, is not permitted to regulate. Kagan declined, saying, "I wouldn't try to." "It is not surprising that Kagan was reluctant to provide an example of an economic activity that Congress can’t regulate under the Constitution’s Commerce Clause," Levey tells Newsmax. "To some degree, this reflects the sorry state of Commerce Clause jurisprudence, in which the Supreme Court has refused to enforce any meaningful limits on Congress’s enumerated powers. "But Kagan also had something more specific in mind," Levey says. "She was clearly trying to keep her options open for stretching the Commerce Clause wide enough to allow her to uphold Obamacare’s individual insurance mandate."

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