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July 01, 2015



well then there's the reality,



well it's the 9th Circus, but we can't count on the Court to care about the actual law,

Thomas Collins

Keep in mind that over the last 50 years or so, and especially during the seventies (the time that folks such as Chief Justice Roberts attended law school), the jurisprudence of "the right" has included a diverse array of viewpoints, including a tendency in many on "the right" to stretch to find a way to uphold federal legislation. It didn't start with Justice Roberts using the taxing power and, in the case of the Medicaid provisions, the interpretive contortion power, to uphold ObamaCare, and then being a super interpretive contortionist in the latest case about the federally established exchanges. On the other hand, the left over the last fifty years has had a fairly consistent line of reasoning: If a decision advances the post-modern view of individual autonomy and the relation between the individual and the state, find any way to reach that result. And if the decision also tends to crush individual enterprise and the mediating institutions between the individual and the state, all the better.


well the Burger Court was a joke and a half, full of travismockashams, the Rehnquist Court did begin to clear the underbrush,

Threadkiller Mobynatious


Cispigmented Heteronormative Microagressive Ignatz

Do you think any lefty will come away from that story with the understanding "liberals" are mindless, reactionary ideologues bent on advancing their cause regardless of the facts and the truth while conservatives and libertarians have an admirable ability to think and reason and come to competing but rationally arrived at competing views?

Me neither...because they're mindless reactionary ideologues. Duh.


I am amused that San Francisco thinks ammunition that expands on impact, has "no sporting purpose" when WI hunting regs require expanding ammo for the deer hunt.

Old Lurker

My fantasy dream of the Art V Convention is that it starts out by declaring that all court cases and "precedents" which have been said to modify the original constitution and valid amendments thereto are hereby declared of no consequence in interpreting the Constitution as amended by the Art V gathering so that, for the first time since 1789, all men can know their rights by reading this one document, and the secret code known only to their betters is hereby void. Further ALL rules and regulations crafted by those of our superiors are hereby declared null and void 365 days from this date except for those which are revalidated by direct action by the people acting through their representatives at the appropriate local, state and perhaps federal level during the next year.

Or words along those lines.


Cecil Turner

I found narc's link at 11:24 compelling (and the further link to Kennedy's "flourishes"). Not only is it hard for me to feature a basic right that remained hidden in the 14th Amendment for nigh on 150 years, but the reasoning involved insured nobody reading that document can have any confidence in which way the court's going to jump on any particular case (except that the 4 lefties will vote left, which ain't all that helpful).

It also seems to me that if the same standard were applied as to a criminal law (i.e., impossible for the average person to understand), the entire slate of recent SCOTUS cases would be void for vagueness.

And the lefties and the press applaud: yeah, but it's flourishy.

Threadkiller Mobynatious

Maybe Wong Kim Ark would get read as narrowly as it was written as well.

Cispigmented Heteronormative Microagressive Ignatz

--I am amused that San Francisco thinks ammunition that expands on impact, has "no sporting purpose" -

I doubt that they think that.

They will ban expanding bullets as unnecessarily destructive and then solids or FMJs as "cop Killer" armor piercing ammo.
Then they'll declare they are all for people owning as many guns as they want because they believe in the 2nd amendment and our valuable traditions.


Besides, what the the 2nd Amendment have to do with sports?


what was the name of those vigilantes, that the villain in Magnum Force, referred to in late 19th Century San Francisco,


Discipline is a word a lot like loyalty. Both imply a loss of self-determination.

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