Have nothing to do with the [evil] things that people do, things that belong to the darkness. Instead, bring them out to the light... [For] when all things are brought out into the light, then their true nature is clearly revealed...

-Ephesians 5:11-13

Tag Archives: Stephen Breyer

Supreme Court Again Refuses to Settle Second Amendment Issue

This article appeared online at TheNewAmerican.com on Tuesday, June 27, 2017:  

English: Ruth Bader Ginsburg, Associate Justic...

Ruth Bader Ginsburg, the oldest member on the court.

By refusing to consider Peruta v. San Diego on appeal on Monday, the Supreme Court once again sidestepped an opportunity to clarify the Second Amendment issue of carrying a firearm outside the home. That issue has remained open since the court’s decisions in Heller and McDonald, dating back to 2008 and 2010, respectively. Those cases didn’t clarify whether the right guaranteed in the Second Amendment extends to public places, and anti-gun states such as California have rushed in with state laws that virtually prohibit the exercise of rights guaranteed by that amendment.

That was the problem faced by Edward Peruta back in 2009.

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Trump Has Great Opportunity to Influence U.S. Jurisprudence

This article appeared online at TheNewAmerican.com on Wednesday, February 15, 2017:

English: The United States Supreme Court, the ...

The United States Supreme Court, the highest court in the United States, in 2010.

In his acceptance speech at the Republican National Convention after becoming the Republican nominee for president, then-candidate Donald Trump reiterated the importance of the replacement of deceased Supreme Court Judge Antonin Scalia, stating, “The replacement of our beloved Justice Scalia will be a person of similar views, principles and judicial philosophies. Very important. This will be one of the most important issues decided by this election.”

Following Trump’s election victory in November, liberals voiced shock and consternation, especially in light of the Republican Party maintaining its majority in the branch of the legislature tasked with confirming Scalia’s replacement — the Senate. Nina Totenberg of National Public Radio declared that

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Trump Expands List of Potential Nominees to Supreme Court

This article appeared online at TheNewAmerican.com on Monday, September 26, 2016:  

English: The United States Supreme Court, the ...

The United States Supreme Court in 2010.

In what could turn out to be a shrewd political move, Republican presidential candidate Donald Trump expanded his list of potential Supreme Court nominees on Friday. The timing, just before the first debate on Monday night, couldn’t be better. It sets the tone and part of the conversation of that debate and puts his opponent, Democrat contender Hillary Clinton, on the defensive: She has yet to provide voters with her official list of nominees for the high court.

In addition to the 11 nominees announced back in May by the Trump campaign are the following:

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Judge: New Mexico 10 Commandments Monument Unconstitutional

This article was first published at TheNewAmerican.com on Monday, August 11, 2014:

Bill of Rights Pg1of1 AC

Bill of Rights

James Parker, Senior District Court Judge for New Mexico, ruled last Thursday that the five-foot-tall, 3,000-pound monument inscribed with the 10 Commandments (shown) placed on the lawn in front of the Bloomfield, New Mexico, City Hall is unconstitutional. He ordered it to be removed by September 10.

Parker also expressed reservations about his decision, calling the case

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Incorporation Doctrine Leaves District Court Judge in Never-Never Land

This article was first published by The McAlvany Intelligence Advisor on Monday, August 11, 2014:

Moses with the tablets of the Ten Commandments...

Moses with the tablets of the Ten Commandments, painting by Rembrandt (1659)

Judge James A. Parker of the District Court of New Mexico ruled against the tiny town of Bloomfield, New Mexico, last week, giving the city until September 20th to remove a five-foot-high, 3,000-pound monument celebrating the 10 Commandments from in front of its city hall.

The judge admitted that, thanks to incorporation and the resulting judicial confusion emanating from rulings that the Fourteenth Amendment applies the Bill of Rights to the states as well as to the federal government, he was on his own:

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Warrantless Searches Expanded Under Latest Supreme Court Ruling

This article was first published at the McAlvany Intelligence Advisor on Friday, February 28, 2014:

On the surface, the Supreme Court’s ruling on Tuesday in Fernandez v. California seems pretty innocuous. Only when the details are examined does it become clear that the Fourth Amendment has been

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White House Shifts Legal Gears as ObamaCare Heads to Supreme Court

President Barack Obama and Vice President Joe ...

The pressure of the continuing countdown to Monday, March 26, when the Supreme Court takes on the challenge to ObamaCare, has forced legal advisors to the White House to change their strategy in hopes of successfully rebuffing it and preserving the Obama administration’s key legislative victory signed into law in March, 2010.

It’s all about the mandate and whether it can be sustained by claiming justification for it under a generous reading of the Commerce Clause (Article 1, Section 8, Clause 3) in the Constitution. Without that mandate, the administration claims that the rest of the law would necessarily fail due to its excessive costs. The Congressional Budget Office just reported that those costs would be double what the Obama administration touted in its cram-down of the law two years ago. And another CBO study said that, if implemented, millions of citizens—between 3 million and 20 million—would actually lose their present coverage, while public polls continue to show declining support for the whole idea of the federal government’s virtual takeover of the country’s health delivery system.

An ABC News/Washington Post poll taken in January showed that most of those polled think that ObamaCare, if implemented, will cost jobs, hurt the economy, and cost more than projected. Last week’s poll from the same source showed that two-thirds of those polled “say the U.S. Supreme Court should throw out either the individual mandate…or the law in its entirety.” According to the pollsters, “[T]he law has never earned majority support in ABC/Post polls—and this update…finds a strong sense its critics are dominating the debate. Seventy percent of Americans report hearing mainly negative things about the law…”

Another measure of the intensity surrounding the pending Supreme Court hearings (a record six hours are scheduled over three days next week) is the number of “amicus” or “friend of the court” briefs that have been submitted by parties who are interested in influencing the outcome of a lawsuit but who are not parties to it. Reuters reported that 136 briefs have been filed with the court (a stack about two feet high), a third more than

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Many of the articles on Light from the Right first appeared on either The New American or the McAlvany Intelligence Advisor.