Trump appointees to SCOTUS having major impact

June 23, 2019

The Daily Caller headlines its post by Kevin Daley, “Kagan Seethes As High Court Conservatives Deliver Property Rights Win.”

It contains less legalese than the SCOTUSblog, but they each cover this significant case and Justice Elena Kagan’s searing rebuke of her conservative colleagues, accusing them of smashing “a hundred-plus years of legal rulings to smithereens.”

The dissent noted Friday’s case was the second time this term that the conservative justices have overturned a controlling precedent, prompting Kagan to ask, forebodingly, which precedent the high court will overrule next.

“Just last month, when the Court overturned another longstanding precedent, Justice [Stephen] Breyer penned a dissent,” Kagan wrote. “He wrote of the dangers of reversing legal course ‘only because five members of a later Court’ decide that an earlier ruling was incorrect. He concluded: ‘Today’s decision can only cause one to wonder which cases the Court will overrule next.’”

“Well, that didn’t take long,” Kagan added. “Now one may wonder yet again.”

Kagan was referencing Breyer’s May dissent in Franchise Tax Board of California v. Hyatt, which asked whether states are immune from lawsuits in the courts of other states. In Hyatt, the five-justice conservative majority overturned a 1979 decision and said the states do indeed have sovereign immunity in the courts of their sister states.

Friday’s property rights dispute arose when a small town in Pennsylvania adopted an ordinance requiring that cemeteries “be kept open and accessible to the general public during daylight hours.” The town told Rose Mary Knick, whose 90-acre property includes a small family cemetery, that she must comply with the rule. Knick sued, saying the ordinance violates the takings clause of the Constitution. The takings clause says the government must compensate property owners for any land seized for public use.

 A 1985 Supreme Court case called Williamson County v. Hamilton Bank required Knick to seek compensation at the state level before going to federal court. Indeed, that ruling required Knick and plaintiffs like her to exhaust all possible state compensation remedies before turning to the federal judiciary.

Writing for the majority, Chief Justice John Roberts said the Williamson County decision was wrong and Knick can go to a federal judge right away.

“Williamson County was not just wrong,” the chief wrote. “Its reasoning was exceptionally ill founded and conflicted with much of our takings jurisprudence.”

The Williamson County ruling, Roberts said elsewhere, imposes “an unjustifiable burden on takings plaintiffs, conflicts with the rest of our takings jurisprudence, and must be overruled. A property owner has an actionable Fifth Amendment takings claim when the government takes his property without paying for it.”

The chief justice noted the Court considers several factors when deciding to overrule a prior decision. In that connection, he cited the 2018 Janus v. AFSCME decision, which said government unions cannot force non-members to pay so-called agency fees. The citation to Janus drew a sharp rebuke from Kagan.

“If that is the way the majority means to proceed — relying on one subversion of stare decisis to support another — we may as well not have principles about precedents at all,” Kagan wrote. “Stare decisis” is a Latin legal term meaning “to stand by things decided.” Janus overturned the 1977 Abood v. Detroit Board of Education ruling.

Friday’s case is No. 17-647, Knick v. Township of Scott.

This was the Aug. 5, 2010 senate roll call vote on Elena Kagen’s confirmation.

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Why “Gay Pride” parades, fairs & events?

June 22, 2019

Deviancy goes mainstream 

The far-left Arizona Republic can’t devote enough space to homosexual or gender-bending entertainers, films, exhibits or activists. The steam powers the failing newspaper in the same manner Robert Fulton used steam technology to power river boats and war ships.

The Republic, previously led by Randy Lovely, acclaimed in the Advocate as the first openly gay chief editor and VP of News in the nation, devoted two pages to what it terms, “an international treasure,” and “a thoughtful cultural critic,” who is appearing for two performances in Phoenix this weekend.  Self identified as “gender fluid,” the entertainer no longer embraces “transvestite.”

The newspaper also gave Page One coverage, including an above-the-fold photo, to an illegal “immigration activist” who is being “honored as a Champion of Pride.” Not only is he illegal himself, but works to bring more illegals into the USA and is celebrated for it and for his homosexuality.

In 1980 the Diagnostic and Statistical Manual of the American Psychiatric Association dramatically reversed its position that homosexuality is a behavioral disorder after being pressured by the Association of Gay and Lesbian Psychiatrists, now known as The Association of LGBTQ Psychiatrists.

if homosexuality is nothing more than the new norm, or an “alternative lifestyle,” what’s to celebrate?  LGBTQ+ has become the accepted acronym to describe every facet of what was medically described as perversion and today is mainstreamed and acculturalizing our children, permeating every aspect of their education and entertainment.

Dating back to 2008, Michelle Malkin showcased the San Francisco Folsom Street festivities that were actual celebrations of deviancy, featuring public sex acts, that resulted in no arrests — due to participants being members of a now not only protected — but celebrated class. She compares the “whitewashing” of the event by the San Francisco Chronicle to the reality to which she links. Malkin warns the readers: Don’t click if you have a weak stomach. The warning is necessary.

These events are now scheduled in cities throughout the United States.


Martha McSally suddenly disdains “creepy old men”

June 21, 2019

…gave McCain a pass

Although former Alabama Supreme Court Chief Justice Roy Moore strongly denied allegations of inappropriate conduct with young women over 40 years earlier, his 2017 U.S. Senate aspirations crashed and burned.

That was the point. Accusations are all it takes in the wake of the #MeToo era.

Nine women suddenly emerged after Moore, the Republican nominee in the special election was making a strong showing. Moore had repeatedly been elected to Alabama’s high court without any attempt to smear his reputation, but that was a statewide judicial office. The U.S. Senate race had far-reaching consequences, with the potential to upset the balance of power in D.C., making it worthy of pulling out all stops to curtail his campaign.

The oddity came as calls for Moore to suspend his race was led by Democrats and their establishment Republicrat cohorts, in a bizarre display of bipartisan vigor. Imagine Democrats going after one of their own, and recruiting GOP colleagues’ assistance even if they found evidence he was a modern day Jack the Ripper?

AZ Sen. Martha McSally, a nominal Republican, is so agitated by Judge Moore’s recent U.S. Senate campaign she is quoted as saying,

“Give me a break. This place (DC) has enough creepy old men.”

Those were words she never uttered when the Arizona delegation included the foul-mouthed and crude John McCain, who used vulgar language to disparage his own wife and the mother of his children in front of staffers.

 


The Prez and the press: Trump proven right

June 20, 2019

Media’s herd mentality pushes left-wing agenda

New York Times CEO Mark Thompson on Wednesday condemned President Trump for his often harsh criticism of the news media, calling it “hostile, stupid but also dangerous.” The key word that Thompson omitted from his barrage was, “true.”

Since Donald J. Trump emerged victorious from the pack of 17 GOP primary contenders in 2016, stunning the media elite naysayers who irrationally dismissed him — they have relentlessly hammered him — not letting truth get in the way of the multi-pronged assaults. He responds by outing them as “fake news,” which riles them because his words are grounded in truth.

The Orlando Sentinel’s bizarre editorial following President Trump’s massive 2020 campaign kickoff, which just took place Tuesday in Orlando, is illustrative.  The far left-wing Arizona Republic, now literally a homeless vagrant, has had Trump as the object of its revulsion long before he and Melania descended the Trump Tower escalator to officially announce his candidacy in 2015. Both newspapers endorsed scandal-plagued Hillary in what became the media herd mentality.

For a dizzying dose of harsh reality, these are the 243 daily and 148 weekly national newspapers that endorsed known liar Hillary Clinton. Donald Trump secured the endorsement of only 6 daily and 6 weekly newspapers.

This brutal mugging did not occur in a vacuum. It was nationally coordinated, intended not only to embarrass Donald Trump, but to render him politically powerless and neuter his base of supporters. Instead, it energized us. The newsosaurs, on the other hand, are failing. Payback is hell.


Trump triumphs with 2020 kickoff…

June 19, 2019

…as Orlando Sentinel pushes fake news; non-endorsement

A capacity crowd of over 20,000 supporters of President Donald J. Trump packed the Amway Center in Orlando, Florida Tuesday as he officially launched his 2020 reelection kickoff. (120.000 requested tickets.) Trump enthusiasts camped out for days, enduring both heavy rainstorms and sweltering heat, for a chance to be on hand to greet President Trump, First Lady Melania, and Vice President Mike Pence and wife Karen with ardent cheers.  The arena was draped with banners proclaiming, “Keep America Great.”

But the Orlando Sentinel newspaper would have none of it, irrationally writing a non-endorsement editorial well in advance of the Nov. 2020 election, saying it won’t endorse the president.

Like the Hillary Clinton-endorsing Arizona Republic newspaper, the Orlando Sentinel also came out for problem-plagued and practiced liar Hillary in 2016. But this time the Sentinel has even outdone its own leftist lurch and deceit, writing in this absurd editorial:

“…some readers may wonder how the publication can eliminate a candidate before anyone knows who his opponent will be, so far in advance.

It’s “because there’s no point pretending we would ever recommend that readers vote for Trump.”

Preposterously adding it has had enough of “the chaos, the division, the schoolyard insults, the self-aggrandizement, the corruption, and especially the lies.”

We don’t recall those word grenades being hurled about either the Bill Clinton or Barack Obama administrations — both steeped in the very culture the newspaper falsely accuses the Trump administration of engaging in.

The president’s full speech can be viewed here.*

* Courtesy of Fox 10 Phoenix.


Mark DeSimone: from Dem AZ lawmaker to lifer

June 18, 2019

Mark DeSimone, 56, a former Arizona legislator convicted of first-degree murder in the shooting death of a man at a remote cabin site in Alaska in 2016 was sentenced Monday to 65 years in prison, with 20 years suspended.

DeSimone was a dichotomy. On one hand he was a hot-head, with drinking problems whose violence toward his then-wife in 2008, escalated eight yeas later to the murder of an acquaintance during a hunting and fishing trip in Alaska. The Anchorage Daily News carries the complete report, including a photo of the now unrecognizable DeSimone.

Previously, DeSimone was a well-presented businessman. The Phoenix bar owner was elected to the Arizona House of Representatives in 2006, representing then-District 11, a GOP stronghold. He was considered genial by his colleagues. His interest in politics initially piqued as he opposed a ballot Initiative known as Proposition 201 or the “Smoke-Free Arizona Act.” It banned smoking in public buildings, bars and restaurants, which he believed would hurt business. Despite his opposition, it passed 54.8% to 45.2%.

After his arrest for spousal abuse, DeSimone resigned his legislative seat, ultimately moving to Juneau where he had attended high school. Unable find employment, he advertised his services as a handyman and slept in his car or bunked with friends. Then came the unexplained two shots to the back of the victim’s head, resulting in the life sentence of the assailant, a widow and two sets of fatherless children.


AZ Sen. Martha McSally: If you want to win in 2020, show us

June 17, 2019

Partnering with Dem presidential candidate Kirsten Gillibrand on “doping” is dopey

Sen. McSally,

You are facing ideological leftist Mr. Gabby Giffords aka Mark Kelly, whose 2020 senate campaign is being infused with cash by multi-billionaire Socialist George Soro‘s Act Blue.

Although the Hillary-endorsing Arizona Republic refers to you as “Arizona’s most reliable vote for Trump’s agenda,” realize that as the backhanded wallop it was intended to be. The newspaper will not endorse you.

Mark Levin’s Conservative Review is less than enthusiastic giving you a Liberty Score of D, or 67% — nothing short of unacceptable, if you’re attempting to win over the conservative voters you need.

Giffords/Kelly, a hypocritical Second Amendment restrictionist and open border fan, is chomping at the bit to replace you…which brings us to the topic of horses. With Arizona’s sieve-like southern border serving as a major point of entry for illegal aliens — foreign nationals from Central America and Mexico, but also as far removed from our hemisphere as Africa, India and points beyond — you have ready-made topics which resonate with the Republican base. Mexican border towns abutting Cochise County, Arizona are war zones with dozens slaughtered as casualties of the drug cartels.

Instead, for some inexplicable reason, you chose to address the topic ofrace horse doping.’ We oppose doping of any sort, especially when it comes to the electorate. Cozying up with New York Democrat Kirsten Gillibrand on this issue is pure folly. In the race of your life, she is also running — for the Democrat nomination to unseat Republican President Donald Trump.

Remember him? He’s our GOP standard bearer not a prop you stand beside when you think the photo-op serves your purposes. Emulating John McCain is a mistake. His modus operandi was colluding with Democrats from Ted Kennedy to Chuck Schumer, which was a major reason he was censured by elected GOP state committeemen at the Jan. 25, 2014 Statutory Republican Meeting.

When you lost the U.S. Senate to chameleon Kyrsten Sinema, it sent shock waves. You then became the recipient of a rare, follow-up gubernatorial appointment to an open seat. That opportunity will not present itself again. If you don’t fight to retain that Senate seat, your do-over days will be over and Arizona will be represented by a deep blue senate duo.

You were a fighter pilot and the first female commander of a combat fighter squadron. Act like it.

Your sole focus should be on supporting the President and his winning issues. The Dems will forget they knew you when you no longer serve their purposes. If you believe in bi-partisanship, you obviously still believe in Santa and the tooth fairy. Bi-partisanship is a noble goal in the legislative process, but it only exists if Republicans acquiesce and move leftward. There is no reciprocity from the Dems. Gillibrand has gone from supporting restrictions on illegals to now calling for the abolishment of ICE. You’re from Tucson, Martha. How’s that border working out for you?

King Colluder John McCain preferred to be known as a maverick,” to conceal the collaborator he was. Those shenanigans won’t win you Democrat votes when you are facing radical leftist and Obama pal, Mr. Gabby Giffords/Mark Kelly. You need the conservative electorate to turn out, but you won’t get us by partnering with Trump’s presidential challenger, far-left Kirsten Gillibrand. Like your opponent, Mr. Giffords/Kelly, Gillibrand is supported by ActBlue. Individual contributions through ActBlue are easily accessed on the Federal Election Commission website.

Your strategy, Martha, amounts to a personal and GOP death wish. The rest of us relish life and having Donald Trump as president.