tag:blogger.com,1999:blog-5739125502680107097.comments2023-12-20T03:53:19.857-05:00Jost on Justice<b>Kenneth Jost</b>http://www.blogger.com/profile/08130278447396616546noreply@blogger.comBlogger244125tag:blogger.com,1999:blog-5739125502680107097.post-86467963631754573872019-02-26T11:27:22.824-05:002019-02-26T11:27:22.824-05:00Correction: The original version of this column at...Correction: The original version of this column attributed the decision in the Moore case to the Fifth Circuit; the ruling was by the Texas Court of Criminal Appeals. The column was corrected two days after it was posted.<b>Kenneth Jost</b>https://www.blogger.com/profile/08130278447396616546noreply@blogger.comtag:blogger.com,1999:blog-5739125502680107097.post-58703916679529173532018-03-12T14:19:30.351-04:002018-03-12T14:19:30.351-04:00Your "silver lining" I think negates all...Your "silver lining" I think negates all of your criticisms, though. The Constitutional claims are not before the court, so invalidating the statute because it doesn't require bail hearings can and probably will still happen, but the case was not in the right posture to do that.<br /><br />Granted, the Court has looked past which question was specifically asked before and decided Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5739125502680107097.post-72911435198824350802017-08-31T16:43:36.300-04:002017-08-31T16:43:36.300-04:00Ken:
Unlike you, I grew up with black people alw...Ken: <br />Unlike you, I grew up with black people always in my school, but like you, they were never among my close friends. Hate and ignorance, I believe, are the products of fear. Fear that we will not automatically be accorded the respect, status and benefits befitting our natural station in life, whether that be because of our race, our ethnicity or our real strengths and weaknesses. We do Stanley Eleffhttps://www.blogger.com/profile/09239988062493216225noreply@blogger.comtag:blogger.com,1999:blog-5739125502680107097.post-40259939214287138332017-05-04T16:56:53.612-04:002017-05-04T16:56:53.612-04:00For future reference, Kennedy's opinion for th...For future reference, Kennedy's opinion for the 9th Circuit in 1980 was Beller v. Middendorf, 632 F.2d 788 (9th Cir. 1980). <b>Kenneth Jost</b>https://www.blogger.com/profile/08130278447396616546noreply@blogger.comtag:blogger.com,1999:blog-5739125502680107097.post-25942271247981561802017-02-03T17:59:40.817-05:002017-02-03T17:59:40.817-05:00"equally or even more conservative choice&quo..."equally or even more conservative choice"<br /><br />The NYT put him to the right of Alito so I'm not sure how much more conservative the replacement will be. Very well might be someone like Hardiman, who seems about the same. But, honestly, he probably will likely to confirmed. So, the filibuster will be more strategic. Which has value.Joehttps://www.blogger.com/profile/16785594472435406521noreply@blogger.comtag:blogger.com,1999:blog-5739125502680107097.post-15119655006090780652016-12-28T00:16:51.578-05:002016-12-28T00:16:51.578-05:00The ratified Congressional Apportionment Amendment...The ratified Congressional Apportionment Amendment from the Bill of Rights would fix everything. New book by LaVergne shows why it's ratified and experts agree. Boldtruth.com for more info.Kickyouracehttps://www.blogger.com/profile/00777331702465103242noreply@blogger.comtag:blogger.com,1999:blog-5739125502680107097.post-4460544789470206422016-12-26T14:18:07.400-05:002016-12-26T14:18:07.400-05:00The comment is a bit amusing that is likely seriou...The comment is a bit amusing that is likely serious but comes off as a parody of an Internet comment. <br /><br />Anyway, the op-ed references slavery, which was a factor, but only one. The "deliberating" electors also isn't a thing. But, the breakdown of electoral votes still matches that of Congress, so is part of a whole there. <br /><br />The argument in the op-ed would to me beJoehttps://www.blogger.com/profile/16785594472435406521noreply@blogger.comtag:blogger.com,1999:blog-5739125502680107097.post-70822622126279150392016-12-23T19:39:57.523-05:002016-12-23T19:39:57.523-05:00Why should heavily populated States pick the Pres?...Why should heavily populated States pick the Pres? Better idea, let's disolve the USA and let those who want no borders, forced multiculturalism, gun grabbing and their jobs shipped to China have 25 States and what they what. I have no, nor do I want a future with these people anyway. Good bye to them and good riddance to them. Let's see who creates a superior living spaceAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-5739125502680107097.post-78772415571791939262016-12-19T12:58:07.497-05:002016-12-19T12:58:07.497-05:00An instructive post. People to really know who the...An instructive post. People to really know who they want to reach and why or else, they'll have no way to know what they're trying to achieve. People need to hear this and have it drilled in their brains..<br />Thanks for sharing this great article.<br /><a href="http://haberqc.com/leasing-tips-toronto/" rel="nofollow"> family court mediation ontario </a><br />Haberhttp://haberqc.com/noreply@blogger.comtag:blogger.com,1999:blog-5739125502680107097.post-38927756805530657592016-09-03T00:38:17.521-04:002016-09-03T00:38:17.521-04:00Hi Mr. Jost. I came by you by way of researching J...Hi Mr. Jost. I came by you by way of researching John Seigenthaler. I have a strange question. Since it was quite plain that Mr. Seigenthaler's conclusion that there was no saving the justice system back in '71 and nothing has changed, what exactly is the point of cataloguing every individual instance of injustice? I understand how stopping any particular abuse can help people, but if youMichael Freedhttps://www.blogger.com/profile/14490922589280408198noreply@blogger.comtag:blogger.com,1999:blog-5739125502680107097.post-56146587619452945372016-08-18T11:45:03.561-04:002016-08-18T11:45:03.561-04:00This is an excellent analysis. I note that McDonne...This is an excellent analysis. I note that McDonnell never made any statements that he was not acting in his official capacity. He was a public official, he acted in his official capacity. Does the Supreme Court expect legislation to itemize all "official acts"? Should not the Supreme Court considered clarity on what is an "unofficial act". Indeed, can a governor take a Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5739125502680107097.post-39793253127833244002016-08-01T02:24:12.446-04:002016-08-01T02:24:12.446-04:00Culture is secondary. People should be above cultu...Culture is secondary. People should be above culture which is far from reality<br /><br /><a href="http://www.blackplanet.com/your_page/blog/view_posting.html?pid=5250291&profile_id=68695312&profile_name=joinleg66&user_id=68695312&username=joinleg66" rel="nofollow">more on blacks on blackplanet</a><br /><br /><br /><br />Snehahttps://www.blogger.com/profile/11519648066253182269noreply@blogger.comtag:blogger.com,1999:blog-5739125502680107097.post-47414277593470402412016-07-18T20:55:50.915-04:002016-07-18T20:55:50.915-04:00 The Senate is a hurdle for Supreme Court nominees... The Senate is a hurdle for Supreme Court nominees, just as the Framers of the Constitution intended by requiring senators’ “advice and consent”<br />very good Kenneth Jostlawyer ahmadhttp://legallibrarybooksresearch.law-arab.com/noreply@blogger.comtag:blogger.com,1999:blog-5739125502680107097.post-68988693563474056742016-07-18T20:53:11.115-04:002016-07-18T20:53:11.115-04:00 As former law professors, Scalia and Ginsburg na... As former law professors, Scalia and Ginsburg naturally appreciate legal scholarship. Both wrote a few law review articles themselves in earlier days.<br />thanks Kenneth Jostlegal libraryhttp://legallibrarybooksresearch.law-arab.comnoreply@blogger.comtag:blogger.com,1999:blog-5739125502680107097.post-68775177830890711932016-07-18T13:49:58.006-04:002016-07-18T13:49:58.006-04:00Has the ACLU done this type of analysis on other P...Has the ACLU done this type of analysis on other Presidential candidates in the past? Have they done one on Hillary Clinton (I can't find one)?<br /><br />I haven't looked at the ACLU analysis, but based on your post above the constitutionality of some of his proposals is subject to interpretation. The ban on Muslims doesn't seem much different from measures against Japanese, Germans,Thomas Whttps://www.blogger.com/profile/05701283200252131890noreply@blogger.comtag:blogger.com,1999:blog-5739125502680107097.post-57294992926970396412016-06-20T13:08:47.435-04:002016-06-20T13:08:47.435-04:00His positions may also have been explained by the ...His positions may also have been explained by the differences in the laws at issue and the standards of review applied. <br /><br />Williams-Yulee was a First Amendment case, and the question was whether the state could permissibly make the rule it did -- not whether the rule itself was sound policy.<br /><br />Williams was a Due Process case where the questions whether the Constitution *Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5739125502680107097.post-76677718739145344792016-06-20T11:57:54.214-04:002016-06-20T11:57:54.214-04:00This case in part applied a former case where Robe...This case in part applied a former case where Roberts dissented too. So, it wasn't really a surprise -- the votes went as expected.Joehttps://www.blogger.com/profile/16785594472435406521noreply@blogger.comtag:blogger.com,1999:blog-5739125502680107097.post-55674161195247363512016-04-23T19:08:24.944-04:002016-04-23T19:08:24.944-04:00It should be noted that Badger's unsuccessful ...It should be noted that Badger's unsuccessful nomination in 1853 marks the only instance of Senatorial courtesy falling through!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5739125502680107097.post-23113495671661237022016-04-20T11:41:08.763-04:002016-04-20T11:41:08.763-04:00In an earlier era, a swing vote with a controversi...In an earlier era, a swing vote with a controversial nominee near the end of the presidency that was on the decline very well would have received strong opposition. Washington and Madison had rejected nominees. Confirmation wars are different now but not totally so.Joehttps://www.blogger.com/profile/16785594472435406521noreply@blogger.comtag:blogger.com,1999:blog-5739125502680107097.post-23048053487093356252016-04-19T12:23:10.109-04:002016-04-19T12:23:10.109-04:00I think that was the era before any confirmation h...I think that was the era before any confirmation hearings. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5739125502680107097.post-81758341502195703692016-04-19T10:57:07.629-04:002016-04-19T10:57:07.629-04:00In an earlier era, Bork could have won unanimous c...In an earlier era, Bork could have won unanimous confirmation. But the Democrats were interested in confrontation, not consensus, with no regard for the effect on the court or its reputation.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5739125502680107097.post-21467614845728454642016-03-21T12:27:26.147-04:002016-03-21T12:27:26.147-04:00The concerns raised by Compassion and Choices are ...The concerns raised by Compassion and Choices are unfounded because RFRA requires assessments be made on a case by case basis. Even then, the right to refuse medical treatment has long been held to be a constitutional right which would override the statutory right granted by RFRA.<br /><br />Ms. Wydra's conscientious objector argument falls flat for two reasons; RFRA applies to the Unknownhttps://www.blogger.com/profile/10992206909768468172noreply@blogger.comtag:blogger.com,1999:blog-5739125502680107097.post-5881744666194731902016-03-13T13:26:37.807-04:002016-03-13T13:26:37.807-04:00The cynic in me says that some or all of those no ...The cynic in me says that some or all of those no longer in the running (per Reuters report) were there only for show.Mitchellnoreply@blogger.comtag:blogger.com,1999:blog-5739125502680107097.post-53816844011080831882016-03-09T16:53:54.243-05:002016-03-09T16:53:54.243-05:00You forgot Edward Bradford, whom Fillmore unsucces...You forgot Edward Bradford, whom Fillmore unsuccessfully nominated in 1852.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5739125502680107097.post-76102606354341479612016-02-08T21:47:43.820-05:002016-02-08T21:47:43.820-05:00I think it will be a good idea because in every in...I think it will be a good idea because in every individual it needs prior identity especially that we are now facing some malicious activates nowadays. Other’s are using <a href="http://www.noveltygoon.com/" rel="nofollow">fake id</a> to bypass some legal transactions, but I guess it will be better if there are forms of government that will imply this important laws like this. Anonymoushttps://www.blogger.com/profile/18245680567085798670noreply@blogger.com