SCOTUS

SCOTUS Rules Law Enforcement Can’t Aquire Cell Site Records Without a Warrant

by Steve MacDonald June 22, 2018

In a 5-4 decision (and wait until you read who), the US Supreme Court has ruled that cell site records are protected by the Fourth Amendment. Holding: The government’s acquisition of Timothy Carpenter’s cell-site records from his wireless carriers was a Fourth Amendment search; the government did not obtain a warrant supported by probable cause before […]

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Supreme Court ruling on State Sales Taxes – It Hits Home. Badly

by Skip June 22, 2018

Some new and nice things will soon be happening to GraniteGrok, chief amongst them being a new site with better security, newer features for authors to better get our message to you, better ways for readers to get feedback to us – lots of things to look forward to including items not in cyberspace (but […]

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SCOTUS Upholds South Dakota’s Right to Tax Online Sales From Retailers Outside the State

by Steve MacDonald June 21, 2018

Yuck. The Commerce Clause must not prefer interstate commerce only to the point where a merchant physically crosses state borders. Rejecting the physical presence rule is necessary to ensure that artificial competitive advantages are not created by this Court’s precedents. This Court should not prevent States from collecting lawful taxes through a physical presence rule […]

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SCOTUS Will Hear Case That Could Subject Asset Forfeiture to 8th Amendment

by Steve MacDonald June 20, 2018

The Stop Asset Forfeiture folks should take note. Yesterday, the Supreme Court decided to consider Timbs v. Indiana, an important constitutional property rights case. As my co-blogger Eugene Volokh and Reason’s Damon Root explain, the case will address the question of whether the Excessive Fines Clause of the Eighth Amendment applies against states, as well as the federal government. If the […]

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SCOTUS Wont End Gerrymandering

by Steve MacDonald June 18, 2018

The U.S. Supreme Court has declined to intervene in how Wisconsin draws its legislative districts. From the Washington Times. Chief Justice John G. Roberts Jr., writing for the court, said it wasn’t enough to claim that Wisconsin’s districts were drawn to favor one party or another. The plaintiffs needed to prove they individually were unable to vote for a credible candidate […]

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SCOTUS Protects Rule of Law by 5-4 Decision in Ohio Election Case

by Steve MacDonald June 13, 2018

In a case brought against the State of Ohio over how it interprets Federal law regarding the removal of ineligible voters from state voting rolls, four out of nine Justices attempted to legislate from the bench in deciding HUSTED v. A. PHILIP RANDOLPH INSTITUTE. “Respondents contend that Ohio’s process for removing voters on change-of-residence grounds violates this […]

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When Progressives Wax ‘Poetic’ About ‘Religious Bigotry’ …

by Steve MacDonald June 9, 2018

The Masterpiece Cakeshop ruling continues to bear fruit. David French, writing at National Review Online, has provided several pieces that emphasize the upside of the decision, here, here, and here. One important point that is a gift that should keep on giving is a quote from the Decision written by Justice Kennedy. To describe a man’s […]

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SCOTUS Vacates Lower Court Ruling: Illegal Immigrants Do Not Have a Right to Abortion

by Steve MacDonald June 4, 2018

Choosing not to wrestle with the larger picture the US Supreme Court elected to vacate a lower court which ruled that illegal immigrants who arrived in the U.S. pregnant had the right to abortion. The Supreme Court on Monday erased a lower appeals court’s ruling that had found illegal immigrant teens in federal custody had a constitutional […]

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SCOTUS Sides with Christian Baker On Same-Sex Wedding Cake

by Steve MacDonald June 4, 2018

The US Supreme Court has ruled that Colorado’s Civil Rights Commission violated a Colorado Baker’s religious liberty when penalized him for refusing to bake a cake for a same-sex couple. Washington Times. The 7 to 2 ruling found the Colorado Civil Rights Commission did not view the baker’s case with “religious neutrality.” “The reason and […]

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So, Alicia Preston, does this mean that the NH GOP should be FOR Abortion? By your argument, it should be, right?

by Skip May 20, 2018

Hillary: “Laws have to be backed up with resources and political will. And deep-seated cultural codes, religious beliefs and structural biases have to be changed.” (H/T:  Progressives and The Proper Role of Government – and your subservience to it).  That WOULD be your argument if you were intellectually and philosophically honest, Ms. Preston. Well, if JHo […]

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The First Amendment Doesn’t Apply to You If You Are Pro-Life

by Steve MacDonald March 14, 2018

Freelance writer, pro-life activist Ellen Kolb joins me to discuss compelled speech and the case of NIFLA v Becerra which challenges a California Law the forces pro-life clinics to advertise state-funded abortion services. Follow this program on TuneIn Also Available on Google Play

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20 States Challenge Roberts “It’s a Tax” Ruling On Obamacare Now That Tax Is Gone

by Steve MacDonald March 10, 2018

When President Trump signed tax reform into law the individual mandate to Obamacare, the fine – that taxing power Chief Justice Roberts claimed gave Congress the power to seize regulatory control over health insurance – ceased to exist. The tax is gone. It’s dead. No more. If there is no tax, has the SCOTUS ruling that […]

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Janus v. AFSCME – An End to Union Politics as We Know It?

by Steve MacDonald March 4, 2018

The U.S. Supreme Court heard oral arguments last week in Janus v. American Federation of State, County and Municipal Employees. What’s at stake? The case concerns Mark Janus, a child-care specialist for the Illinois Department of Healthcare and Family Services, who refuses to join the union. Nonetheless, by state law, Janus is forced to pay “agency […]

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No “Team” Is Worth Selling Out This Country

by Ed Naile February 15, 2018

An “expert” on US Supreme Court dynamics has an interesting take on new Justice Gorsuch. Of course, the linked story is from CNN so it is probably not reliable. It does point however to how CNN would like to portray Justice Gorsuch – in a bad light. This gives me hope!

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Supreme Court: State cannot deny the Church an otherwise available public benefit on account of its religious status

by Steve MacDonald June 26, 2017

In a 7-2 decision, the Supreme Court has declared that a state may not withhold an available public benefit on account of religious status. The U.S. Supreme Court on Monday ruled in favor of a Missouri church that sued the state after being denied taxpayer funds for a playground project because of a provision that prohibits […]

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Breaking News: Supreme Court Revives Trump Travel Ban

by Steve MacDonald June 26, 2017

The Supreme Court has agreed unanimously to combine two challenges to the second Trump travel ban (EO-2) and hear the case. In the meantime, with one exception all injunctions against that Executive Order have (unanimously meaning 9-0) been lifted and it may now be enforced. We accordingly grant the Government’s stay applications in part and […]

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Supreme Court Justice Neil Gorsuch’ First Dissent – Is a Beautiful Thing

by Steve MacDonald June 25, 2017

The Case went the other way with a 7-2 decision but Justice Gorsuch’ dissent is a thing of beauty, a gift we hope keeps on giving. Anthony Perry asks us to tweak a congressional statute—just a little—so that it might (he says) work a bit more efficiently. No doubt his invitation is well meaning. But […]

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Supreme Court unanimous: There is no ‘hate speech’ exception to the First Amendment

by Steve MacDonald June 20, 2017

Grab your ‘shovels’ and mount your “plows” ladies and gentleman because it’s time to move some snowflakes. The Supreme Court has unanimously confirmed that there is no hate Speech exception to the first amendment. Justice Kennedy writing for four justices said, A law found to discriminate based on viewpoint is an “egregious form of content […]

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Blogline of the Day – The Senate was right to do so

by Skip April 16, 2017

The Senate’s role is to advise and consent. Their advice to Obama on the Garland nomination was “take a flying leap, Mr. President,” which was completely within their prerogative. But Progressives can NEVER accept a “no” when it denies them either a pathway to Power or that Power itself.  Barack wanted Garland on SCOTUS, the […]

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Democrat Senators have a litmus test against unborn children

by Skip April 8, 2017

Their utter hypocrisy when they say “It’s for the children” is nauseating. (H/T: Liberal Logic 101)

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That’s Justice Gorsuch to You.

by Steve MacDonald April 8, 2017

That's Justice Gorsuch to you. https://t.co/inC0fDQui7 — Guy Benson (@guypbenson) April 7, 2017

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US Senate Approves Neil Gorsuch to the US Supreme Court

by Steve MacDonald April 7, 2017

A bit anticlimactic after yesterday but done, and done. (UL c/o New Media Militia) WASHINGTON — The Republican-led Senate on Friday gave Donald Trump the biggest triumph of his young presidency, confirming Supreme Court nominee Neil Gorsuch over stout Democratic opposition and restoring a conservative majority on the nation’s highest judicial body. The Senate, which […]

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Notable Quote – Ian Underwood

by Skip April 6, 2017

Yes, the guy who makes my head hurt – on the politicization of SCOTUS: The politicization started with Marbury v. Madison, when the Court declared that the Constitution says whatever they want it to, and no one challenged them on it. Since then, although the FORMAL amendment process (outlined in Article V) has been used […]

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Chuck Schumer’s ‘Great Idea!’

by Ed Naile April 4, 2017

I don’t know why Democrat Senators are so upset about Merrick Garland not getting a hearing on his nomination. But it is supposed to be the key reason they want to filibuster the Republican nominee. In that regard why would Democrat Senators ever vote for any nominee put forth by any Republican President? Senator Schumer […]

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Blogline of the Day (Part 3) – the dumbest line of the day (I think)

by Skip April 3, 2017

Schumer: How about instead of nuking the filibuster, you let Democrats help choose Trump’s SCOTUS nominee? Yeah, the Republicans won the election to do THAT? If that happened, Senate Minority Leader Chuckie Schumer would be the Senate Majority Leader in slightly less than two years. And neither Trump or Pence would be in the Oval […]

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Remember, ole’ US Senator Ted Kennedy restarted the politicization of SCOTUS

by Skip April 3, 2017

What we’re seeing today with the severe politicization of SCOTUS nominations (simply because Government has become so big and intrusive, the stakes for any nominee are YUGE!) does have a history, and one that Ted Kennedy (“The Swimmer”) way back gave a huge kickstart.  The history from a piece called “Ted Kennedy Killed the Judicial […]

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Blogline of the Day – from my old Samsphere bud, Emily Zanotti

by Skip April 3, 2017

And yes, there may be multiple Bloglines of the Day tonite… (H/T: Instapundit)

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Notable Quote – Kurt Schlichter

by Skip March 30, 2017

From a column at Townhall: “Nuke’em til they glow” (emphasis mine): …But this is more than just about the filibuster getting filibusted. If we had a political culture that respected and expected a judge’s proper role, then we wouldn’t care so much what a nominee to the Supreme Court personally thought because we could be […]

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And Senator Ben Sasse wins a $5 bet with ……Neil Gorsuch’s nephew? BIGLY!

by Skip March 22, 2017

“That’s why John Hancock is now synonymous with his signature,” Gorsuch said. “No one remembers who John Hancock was but they know that’s his signature because he wrote his name so bigly — big and boldly.” …”He’s the one paying me the five bucks,” Sasse answered. (H/T: Washington Examiner)

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Sen Cruz Takes Democrats To Task at Gorsuch Hearing

by Steve MacDonald March 22, 2017
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