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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Happy Father’s Day

June 16, 2019

Fathers take our hands and give us their hearts

With affection and appreciation to all of the Fathers, Dads, Papas and Grandpas who have guided us along the way.


75th D-Day Anniversary: A crucial history lesson

June 6, 2019

Why the world can thank American exceptionalism for successful D-Day,” by Bob McManus, presents a riveting overview of the lead up to the June 6, 1944 Normandy invasion and what transpired in its wake.

Unfortunately, it’s a good bet today’s students aren’t being taught this essential history. Climate change and recycling have replaced American exceptionalism which leftist historical and moral revisionists now view as unacceptable braggadocio for a “flawed country.”

Teach your children or grandchildren what makes America special,the shining city on the hill,” as idyllically described by President Ronald Reagan in his farewell speech to the nation. Acquaint them with how our U.S. Constitution and Bill of Rights set us apart. They won’t learn it otherwise.


Pres. Trump’s inspiring 2019 Memorial Day message

May 27, 2019

We proudly join with President Donald Trump this Memorial Day as he issues an inspiring Proclamation on Prayer for Peace.

In recognizing “those who rest in the hallowed grounds of our country’s national cemeteries [and] laid their lives upon the altar of freedom,” he requests all Americans observe the National Moment of Remembrance beginning at 3:00 p.m. local time today…Memorial Day.

Additionally, the president asks ”the Governors of the United States and its Territories, and the appropriate officials of all units of government, to direct the flag be flown at half-staff until noon on this Memorial Day on all buildings, grounds, and naval vessels throughout the United States and in all areas under its jurisdiction and control.”

Too many Americans view Memorial Day as a time for sales and cookouts. It is so much more. We should never forget the debt of gratitude we owe so many who gave the ultimate sacrifice so we could live in freedom.


Newsweek surprisingly gets it right on leftist bias

April 29, 2019

Calls out anti-religious hate from “the left”

Left-leaning Newsweek magazine reports on Sunday’s ‘Fox & Friends,’ featuring a discussion on the escalation of horrific crimes at houses of worship, including Christian churches, mosques and synagogues. The panelists, Highland Park, Illinois, Rabbi Evan Moffic and Muslim scholar and physician Qanta Ahmed linked the vicious rhetoric of U.S. Rep. Ilhan Omar (D-MN) and her use of anti-Semitic stereotypes to a rise in anti-Jewish attacks in the U.S.

Moffic said, “I think we just simply have to be aware of these awful stereotypes about Jews. When Ilhan Omar said, “It’s all about the Benjamins, baby,” and she said Israel has “hypnotized the world,” she’s drawing on these stereotypes that have murdered millions of people in the Holocaust, which just happened 75 years ago…it’s exactly because of that rhetoric. He added, “Jews have never felt more vulnerable in the United States.”

Of particular interest is the panelists warned Americans that anti-religious persecution, particularly from “the left,” is on the rise.

This AP list of over a dozen murderous acts committed in houses of worship — which should be hallowed sanctuaries — dating from 2012.  It doesn’t include the senseless depravity that occurred at a San Diego-area synagogue on Saturday, the last day of Passover. One woman, standing to shield the rabbi, was murdered and the rabbi, along with an 8-year-old girl and her uncle, visiting from Israel, were wounded. 

The shooter John Earnest, 19, has also been linked to a recent arson blaze at a nearby mosque.

Saturday’s rampage could have been much worse. An off duty U.S. Border Patrol agent, providing security, is a member of the synagogue, and was attending the service when gunfire erupted. He was one of two men who rushed Earnest. They are being hailed as heroes for curtailing the attack.


Pres. Trump‘s new border strategy shows he’s crazy as a fox

April 13, 2019

After being repeatedly thwarted in his efforts to obtain adequate funding for a much needed wall on our southern border, President Donald Trump has tweeted his acknowledgement that he is considering sending the hundreds of thousands of illegal invaders from Central America to sanctuary cities within the United States.

“Due to the fact that Democrats are unwilling to change our very dangerous immigration laws, we are indeed, as reported, giving strong considerations to placing illegal immigrants in Sanctuary Cities only,” Trump wrote on Twitter.

Today, we direct our readers to a cogent editorial in Investor’s Business Daily, titled,Yes, Democrats Are Now The Party Of Open Borders.”  Its wisdom was prophetic, since it was written prior to the most recent surge of caravans of invaders from El Salvador, Guatemala and Honduras being given access to the United States by our “good neighbor” Mexico. They claim to be refugees, fleeing untenable conditions in their home countries, but don’t seek asylum as they arrive in Mexico — whose obvious purpose is to facilitate the invasion.

The Center for Immigration Studies lists Sanctuary cities, counties and states.

House Speaker Nancy Pelosi, a far left Democrat, said, “it’s just another notion that is unworthy of the presidency of the United States and disrespectful of the challenges that we face, as a country, as a people, to address who we are, a nation of immigrants.”

Pelosi, who lives behind a secure wall in her sanctuary city hometown of San Francisco, omits the fact that previous generations of immigrants arrived here legally, were processed at Ellis Island and gratefully became Americanized, learning English, and taking on our history and culture as their own. Those leaving repression did not march through American cities waving the flags of the countries they left, access benefits and continue to engage in high rates criminality while showing contempt for the United States of America.

The ironically inconsistent headline in this morning’s edition of Arizona’s pro-illegal and open border newspaper?  “Trump still might use migrants against Dems.” 


Candace Owens brilliantly assesses Democrat policies

April 10, 2019

You won’t see this on ABC, CBS, CNN, NBC, MSNBC….

Candace Owens commanded the attention (video) of the House Judiciary Committee meeting where she was an invited guest Tuesday. Speaking on the topic of white nationalism and hate crimes, Owens, a black conservative, accused Democrats on the panel of focusing on “fear-mongering, power and control” rather than on the issue of racism. As the director of communications for Turning Point USA  she’s honed her public speaking skills, making her appearance at the hearing spellbinding. Arizona is well represented with 17 chapters throughout the state.

Owens emphasized that the country needs to talk more about what she identified as ‘harassment of conservatives of color. ‘”We’re not talking enough about political hatred in this country.”

At age 29, Owens, an ardent supporter of President Trump, is a compelling public speaker. She has been working to persuade black Americans to leave the Democrat Party, which counts their votes as a given, doing nothing to earn their support.

“We need to condemn all types of hate speech,” she stated.

Owens reminded lawmakers about a “double standard” that she says allows criticism of black conservatives, Christians and Jews.

AZ’s U.S. Rep. Andy Biggs (CD-5), is a member of the House Judiciary Committee before which Candace Owens appeared. This is an example of his bold leadership as he recently spoke about another House member who has repeatedly accused Jewish Americans of holding dual loyalties, a malicious anti-Semitic slur that predates Adolf Hitler.