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: Supreme Court

Maryland “Assault Weapons” Ban Upheld by Appeals Court

This article appeared online at TheNewAmerican.com on Thursday, February 23, 2017: 

Summer's End. Lexington Green, 11 September 20...

Summer’s End. Lexington Green,

The majority’s reasoning in the February 21 Kolbe v. Hogan decision by the 4th Circuit Court of Appeals in Richmond, Virginia, was so far wide of the mark of reasonable jurisprudence that four of the 13 judges joined in a masterful dissent that could carry the case to the Supreme Court on appeal.

Judge Robert King, a Clinton appointee, wrote the majority’s opinion that was supported by nine other judges, while a strongly-worded dissent was written by another Clinton appointee, William Traxler, that was supported by the other three others.

Traxler’s dissent should be required reading by any interested in how the Second Amendment should be defended against those willing to stretch existing case law and create new “tests” to support their opinions.

The court heard the case on appeal from a previous decision by three judges of the same court, ruling on Baltimore’s Firearm Safety Act (FSA) that it adopted in 2013. The FSA banned possession of 45 so-called assault rifles and detachable magazines containing more than 10 rounds. The previous decision, made February 4 of 2016, remanded the case back to the Maryland District Court, ordering that they apply “strict scrutiny” to their interpretation of how the FSA relates to the Second Amendment. This new decision vacated the previous decision.

First, King’s breathtaking conclusion:

Keep Reading…

Union Influence Fades as Right-to-work Gains Momentum

This article appeared online at TheNewAmerican.com on Tuesday, February 21, 2017:  

English: Economic regions of California, as de...

When Rebecca Friedrichs, the lead plaintiff in a lawsuit against the California Teachers Association, learned in June that the Supreme Court denied her petition to rehear her complaint over the union extracting dues from her paycheck without her consent, she declared:

My heart is broken for America’s children and families, as their teachers will continue to be forced to fund policies and highly political collective bargaining processes which place the desires of adults above the rights and needs of children.… I’m optimistic [that] we can continue … to restore First Amendment rights to teachers and other public sector workers. Our kids are worth the fight!

Terry Pell, president of the Center for Individual Rights, the public-interest law firm representing Friedrichs, agreed:

Keep Reading…

Marion Hammer has Turned Florida into the “Gunshine” State

This article was published by The McAlvany Intelligence Advisor on Wednesday, February 22, 2017:

English: Current Status of Shall Issue Laws in...

Current Status of Shall Issue Laws in America

Since the late 1970s, Marion Hammer has lobbied for the NRA in Florida, galvanizing gun owners into a fearsome force favoring the Second Amendment. The media claims she engineered the change from “may issue” to “shall issue” for obtaining concealed carry permits to the point where today one in every 14 Floridians has one. It claims she’s also responsible for passage of the “stand your ground” law that has served as a model for the majority of other states that has adopted it.

She has also garnered the opprobrium of anti-gunners like Tom Diaz, who was forced to give her some credit in his book, The Last Gun: How Changes in the Gun Industry Are Killing Americans and What It Will Take to Stop It. Wrote Diaz:

Keep Reading…

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

Keep Reading…

Was the Circuit Court Judge in the Travel Ban Lawsuit “Shopped?”

This article was published by The McAlvany Intelligence Advisor on Monday, February 6, 2017:

James Robart, Judge of the United States District Court for the Western District of Washington, may have been pre-selected to rule in lawsuits brought by the state of Washington (later joined by Minnesota) against Trump’s so-called “Muslim ban.” Adam Winkler, a Constitutional scholar at UCLA, explained the concept: “The idea is that you pick a judge that’s friendly, go to court, and stop a big government program before there’s been a trial, or before the judge even has an evidentiary record.”

Consider the evidence.

Keep Reading…

Trump’s Travel Ban Halted (for Now); Could Go to Supreme Court

This article appeared online at TheNewAmerican.com on Sunday, February 5, 2017:

English: United States Supreme Court building ...

United States Supreme Court building in Washington D.C.

The firestorm that erupted following President Donald Trump’s executive order on immigration and refugees issued on January 27 has resulted in more than 50 lawsuits being filed against it. One of them, filed by the state of Washington and then joined by the state of Minnesota, resulted Friday in a temporary restraining order that halted nationwide Trump’s travel ban preventing nationals of seven foreign countries and refugees from entering the United States. The order, issued Friday by U.S. District Court Judge James Robart in Seattle, set off a flurry of tweets from the president deriding the ruling and a White House promise that Robart’s order would immediately be appealed.

The Trump administration filed an emergency motion Saturday night asking that Judge Robart’s temporary restraining order be stayed, allowing the administration to enforce the travel ban while the judge’s decision is being appealed. On Sunday morning,  the San Francisco-based 9th Circuit Court of Appeals said it would not stay Robart’s order immediately, but would consider the administration’s request after receiving more briefs from both parties. The administration was asked to file a second brief by 3:00 p.m. Monday.

Tweets from the president came fast and furious. His first tweet on Saturday, posted at 4:59 a.m., stated: “When a country is no longer able to say who can, and who cannot, come in & out, especially for reasons of safety &.security – big trouble!” As the day unfolded, his other tweets included:

Keep Reading…

Kansas District Court Judge Throws Out State’s Second Amendment Protection Act

This article appeared online at TheNewAmerican.com on Friday, February 3, 2017: 

Two Kansans, Shane Cox and Jeremy Kettler, engaged in the purchase and sale of a silencer in October 2015, believing they were exempt from the 1934 National Firearms Act’s requirements to register it and pay a $200 tax. They relied on the state’s Second Amendment Protection Act (SAPA) which holds:

Keep Reading…

NRA Moving from Defense to Offense

This article appeared online at TheNewAmerican.com on Tuesday, January 31, 2017:

For eight long years the National Rifle Association (NRA) has, along with similar groups such as the Gun Owners of America (GOA), the Second Amendment Foundation (SAF), and the National Association for Gun Rights (NAGR), largely been playing defense. The anti-gun executive orders spewing from the pen of former President Barack Obama, the anti-gun media seizing upon opportunities to promote its agenda thanks to crazed killers committing atrocities, the push to ratify the UN small arms treaty, and more have kept pro-Second Amendment groups such as these back on their heels.

No longer. Jennifer Baker, the NRA’s national spokeswoman, told The Hill on Monday:

Keep Reading…

Court Rules That Those Carrying Concealed Are Presumed to Be Dangerous

This article appeared online at TheNewAmerican.com on Monday, January 30, 2017:

Holster

The U.S. Court of Appeals for the Fourth Circuit (Maryland, North Carolina, South Carolina, Virginia, and West Virginia) ruled last week that an individual carrying concealed gives up essential Fourth Amendment rights under the presumption that since he is armed, he is also dangerous.

The ruling issued on Monday, January 23, United States v. Robinson, reversed an earlier decision by the court’s three-judge panel, claiming that the Supreme Court, in two relevant decisions, concluded that “armed and dangerous” meant “armed and therefore dangerous” rather than “armed” as a fact and “dangerous” based on reasonable judgments surrounding the case.

A tip received by Ransom, West Virginia, police on March 24, 2014 that a man was seen

Keep Reading…

Despite Higher Bonds, Chicago Gun Violence Suspects Are Bonding Out Faster

This article appeared online at TheNewAmerican.com on Friday, January 27, 2017:  

The Chicago Tribune, in examining more than 67,000 criminal charges between 2012 and 2016, discovered that although bonds demanded by judges in Cook County have doubled for violent crime, the suspects are being freed twice as fast. Wrote the Tribune on Friday:

Keep Reading…

Trump to “Send in the Feds” if Chicago Doesn’t “Fix the Carnage”

This article appeared online at TheNewAmerican.com on Wednesday, January 25, 2017:

The crime rate in Chicago is so outrageous that when President Donald Trump tweeted about it on Tuesday, his numbers were already outdated. Tweeted Trump: “If Chicago doesn’t fix the horrible ‘carnage’ going on, 228 shootings in 2017 with 42 killings (up 24% from 2016), I will send in the Feds!” Wednesday morning the Chicago Tribune reported that, in the city so far this year there have been “at least 247 people shot … with at least 47 people killed.”

What isn’t clear — and the White House hasn’t provided any further details — is exactly what Trump means. What feds? The FBI? The ATF? Officials from the Justice Department?

Chicago Mayor Rahm “never let an opportunity go to waste” Emanuel thinks he knows: more federal funding to hire more police and to track “illegal guns” and, of course, more gun laws.

Trump’s tweet refers back to this part of his inaugural address:

Keep Reading…

Venezuela’s Dictator Fires Head of Central Bank; Inflation at 1,600 Percent

This article appeared online at TheNewAmerican.com on Monday, January 23, 2017:

Nicolas Maduro

Venezuela’s Marxist dictator, Nicolas Maduro (shown), fired the head of his country’s central bank on Friday. Without fanfare or any public statement from either Maduro or his banker, Nelson Merentes, the firing is the latest move by the president to place the blame for the collapse of his country anywhere but where it belongs: on his socialist policies.

For months The New American has tracked the retrogression of a country which was once one of the leading economies in South America to a banana republic where people are starving, sick people are dying for lack of care, and a black market has replaced a once-thriving free economy. Last June, the New York Times was finally forced to admit the cause:

Keep Reading…

Venezuela: Some Lessons Must be Learned Over and Over Again

This article was published by The McAlvany Intelligence Advisor on Monday, January 23, 2017:

George Santayana most famously said: “Those who cannot learn from history are doomed to repeat it.” But he wasn’t the only one. Aldous Huxley put it this way: “That men do not learn very much the lessons of history is the most important of all the lessons of history.” Said Samuel Taylor Coleridge: “If men could learn from history, what lessons it might teach us! But passion and party blind our eyes, and the light which experience gives us is a lantern on the stern which shines only on the waves behind.”

There’s a lesson being taught to the hapless and now helpless citizens (shown above) of Venezuela. It’s a lesson so often taught but not learned that one may, with great confidence, predict the final outcome.

On Friday Venezuela’s Marxist dictator, Nicolas Maduro, fired his banker,

Keep Reading…

Trump Has Opportunity to Remold Federal Judiciary Far Beyond Scalia’s Replacement

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

English: President Barack Obama and Vice Presi...

President Barack Obama and Vice President Joe Biden with the members of the Supreme Court

In his acceptance speech at the Republican National Convention, President-elect Donald Trump said: “The replacement of our beloved Justice Scalia will be a person of similar views, principles and judicial philosophies…. This will be one of the most important issues decided by this election.”

With the election decided, reality is beginning to set in on both sides of the aisle.

Keep Reading…

There is No “Permanent” Fix for Social Security

This article was published by The McAlvany Intelligence Advisor on Monday, December 12, 2016: 

Social Security Poster: old man

Social Security Poster:

There’s no doubt that Texas Representative Sam Johnson means well. He and his constituents are concerned about their financial futures and about the viability of Social Security as an important part of those futures. So on Thursday he offered his plan “to permanently save Social Security.” He calls it the “Social Security Reform Act.”

The plan doesn’t deserve a close look.

Keep Reading…

Trump Meets With Former Banker Who Wants to End the Fed

This article appeared online at TheNewAmerican.com on Tuesday, November 29, 2016: 

John Allison BB&T

John Allison

Donald Trump met with former banker John Allison on Monday in a meeting that was largely ignored by the mainstream media. It remains unclear whether Allison was being interviewed for the job of secretary of the Treasury or was just giving Trump some advice from a free market perspective.

Either way, it’s a breath of fresh air in an era where statism and excessive hubris (the idea that mere politicians and economists can guide, even stimulate a $20-trillion-dollar economy with monetary policy) has reigned for decades.

Right after graduating Phi Beta Kappa from the University of North Carolina in 1971,

Keep Reading…

Chuck Schumer Seeks “Common Ground” With Trump

This article appeared online at TheNewAmerican.com on Monday, November 21, 2016:  

Senator Charles Schumer

Senator Charles Schumer

During a press interview at his office on Friday, New York Democratic Senator Charles Schumer said that he had spoken two or three times with President-elect Donald Trump: “He’s called. He’s friendly. The word is that he thinks he can work with me, but we’ll see. The jury’s [still] out.”

Schumer, just reelected for his fourth term as senator, will become the Senate minority leader in the 115th Congress as Harry Reid, the present Senate minority leader, is retiring. The Wall Street Journal characterized the interview as an effort by Schumer to seek “common ground” with Trump. Other members of the press weren’t so charitable.

Schumer was feisty,

Keep Reading…

Is Donald Trump “The Godfather”?

This article was published by  The McAlvany Intelligence Advisor on Monday, November 21, 2016: 

Cover of "The Godfather, Part II (Two-Dis...

The Godfather, Part II

In a scene from The Godfather, Part II that resonates even today, Michael Corleone says: “My father taught me many things here. He taught me in this room. He taught me; ‘keep your friends close, but your enemies closer.’”

Is that what The Donald is doing in romancing the Senator Minority Leader to be, Senator Chuck Schumer? On Friday Schumer told the press that he has already received two or three phone calls from Trump: “He’s called. He’s friendly. The word is that he thinks he can work with me, but we’ll see. The jury’s [still] out.”

On Sunday Schumer said that the jury has returned with a verdict:

Keep Reading…

Reversal Sought in Dismissal of Lawsuit Against Remington in Connecticut

This article appeared online at TheNewAmerican.com on Wednesday, November 16, 2016:  

Remington Arms

The long war against guns continues. When District Superior Court Judge Barbara Bellis dismissed the lawsuit last month brought against Remington Arms by families of victims following the massacre at the Sandy Hook Elementary School in 2012, the plaintiffs’ attorney said they planned to appeal. That appeal was filed on Tuesday with the Connecticut Supreme Court.

Bellis had dismissed the original suit in light of the Protection of Lawful Commerce in Arms Act (PLCAA) passed by Congress and signed into law by President George W. Bush in 2005. In her opinion she wrote:

Keep Reading…

The Passing of Don Kates: More Evidence of the Ripple Effect of One Man’s Life

This article was published by the McAlvany Intelligence Advisor on Wednesday, November 9, 2016: 

University of Texas Law School Professor Sanfo...

University of Texas Law School Professor Sanford Levinson

The Merriam-Webster dictionary defines “ripple effect” correctly: a spreading, pervasive, and usually unintentional effect or influence on future events. Don Kates, a scholar, lawyer, and research fellow with the Independent Institute in Oakland, California, likely never intended that his scholarly fulminations against the gun controllers of his day would reach all the way to the Supreme Court.

But they did, and every American, whether they own a firearm or not, benefits from his work today.

It started with an unheralded piece of work he did in 1983,

Keep Reading…

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