As noted on Wednesday here at The Beacon, Judge Jerry Smith of the Fifth Circuit Court of Appeals ordered the Administration to address whether the federal courts have the power to declare an act of Congress unconstitutional. Here is the response from the Attorney General. No surprises found in the letter, other than a...
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A war of words is brewing. Earlier this week The Beacon noted that the President suggested the Supreme Court would be engaging in judicial activism if it struck the individual mandate. Apparently, Judge Jerry Smith of the Fifth Circuit Court of Appeals did not like the President’s statement. Smith was sitting on a panel...
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The President is issuing warnings that any adverse judicial action on the Patient Protection and Affordable Healthcare Act will amount to activism. Here is a snippet of his comments as appearing in USA Today: “I’d just remind conservative commentators that for years what we’ve heard is the biggest problem on the bench was judicial...
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On Friday, the members of the Supreme Court will meet together and voice their positions on the Patient Protection and Affordable Healthcare Act. Prior to the three days of arguments, most pundits were skeptical that the Court would strike the law. However, in reading the tea leaves after argument, the bet is that swing-vote...
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Article I, Section 8 of the Constitution provides that Congress has the power To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water; To raise and support Armies . . . To provide and maintain a Navy; Today, Leon Panetta told the Senate that if the...
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Earlier this week, the Colorado Supreme Court held that University of Colorado students and employees with concealed carry permits are allowed to carry their weapons on campus. The University had exempted itself from the statewide law, but the Court held that the Concealed Carry Act is comprehensive with narrow exclusions (none of which apply...
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I got a chuckle out of the latest class action foolishness to come from the American bar. The Manchester Guardian has this report on the great wrong done to Joshua Thompson and the millions of movie-goers he represents. How has he been wronged? Thompson says he paid $8 for a Coke and a packet...
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U.S. District Judge Benson E. Legg, sitting in Maryland, has issued a ruling (Wollard v. Sheridan) in an interesting Second Amendment case. The State of Maryland requires applicants for concealed carry permits to demonstrate a “good and substantial reason” to carry the gun. Wollard wanted a permit because his home had been broken into, he...
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States are starting to show concern about certain provisions of the National Defense Authorization Act (“NDAA”), which allows the indefinite detention of U.S. citizens who are alleged to be terrorists or aiding terrorists. The President has “promised” to exempt citizens from indefinite detention, but that does not change what the law says or that he can always change his...
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The net has been abuzz about a recent case where a state magistrate judge dismissed harassment charges against a Muslim defendant. It is alleged that the defendant confronted and attacked an atheist (dressed as Zombie Mohammad). Zombie Mohammad was dancing with “Zombie Pope” in a local Halloween parade. In court, the Muslim man denied...
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