• George W. Bush,  Politics,  Supreme Court

    President Bush Issues Executive Order Protecting Private Property Rights

    U.S. President George W. Bush (C) delivers opening remarks before a Tee Ball game on the South Lawn of the White House in Washington June 23, 2006.

    On the anniversary of the Kelo v. City of New London, 125 S. Ct. 2655 (2005)[1]
    case, President Bush issued the following Executive order:

    Executive Order: Protecting the Property Rights of the American People

    By the authority vested in me as President by the Constitution and the laws of the United States of America, and to strengthen the rights of the American people against the taking of their private property, it is hereby ordered as follows:

    Section 1. Policy. It is the policy of the United States to protect the rights of Americans to their private property, including by limiting the taking of private property by the Federal Government to situations in which the taking is for public use, with just compensation, and for the purpose of benefiting the general public and not merely for the purpose of advancing the economic interest of private parties to be given ownership or use of the property taken.

    Sec. 2. Implementation. (a) The Attorney General shall:

    (i) issue instructions to the heads of departments and agencies to implement the policy set forth in section 1 of this order; and

    (ii) monitor takings by departments and agencies for compliance with the policy set forth in section 1 of this order.

    (b) Heads of departments and agencies shall, to the extent permitted by law:

    (i) comply with instructions issued under subsection (a)(i); and

    (ii) provide to the Attorney General such information as the Attorney General determines necessary to carry out subsection (a)(ii).

    Sec. 3. Specific Exclusions. Nothing in this order shall be construed to prohibit a taking of private property by the Federal Government, that otherwise complies with applicable law, for the purpose of:

    (a) public ownership or exclusive use of the property by the public, such as for a public medical facility, roadway, park, forest, governmental office building, or military reservation;

    (b) projects designated for public, common carrier, public transportation, or public utility use, including those for which a fee is assessed, that serve the general public and are subject to regulation by a governmental entity;

    c) conveying the property to a nongovernmental entity, such as a telecommunications or transportation common carrier, that makes the property available for use by the general public as of right;

    (d) preventing or mitigating a harmful use of land that constitutes a threat to public health, safety, or the environment;

    (e) acquiring abandoned property;

    (f) quieting title to real property;

    (g) acquiring ownership or use by a public utility;

    (h) facilitating the disposal or exchange of Federal property; or

    (i) meeting military, law enforcement, public safety, public transportation, or public health emergencies.

    Sec. 4. General Provisions. (a) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

    (b) Nothing in this order shall be construed to impair or otherwise affect:

    (i) authority granted by law to a department or agency or the head thereof; or

    (ii) functions of the Director of the Office of Management and Budget relating to budget, administrative, or legislative proposals.

    (c) This order shall be implemented in a manner consistent with Executive Order 12630 of March 15, 1988.

    (d) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity against the United States, its departments, agencies, entities, officers, employees, or agents, or any other person.

    GEORGE W. BUSH

    THE WHITE HOUSE,

    June 23, 2006.

    Let the litigation and rehearing of the controversially decided Kelo case ultimately by the United States Supreme Court begin. Note well that the United States Supreme Court has two new conservative justices that are prone to support private property rights. But, conservative justices will need one more vote, probably from Justice Anthony Kennedy.
    Flap handicaps that Kelo will be overturned/redecided……

    If not, a constituional amendment will be drafted.
    Stay tuned…….


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  • Politics,  Supreme Court

    Ruth Bader Ginsburg Watch: Death Threats Spurred by Republican Criticism of the Court?

    Justice Antonin Scalia (seated) poses next to Justice Ruth Bader Ginsburg (L) and Justice Samuel Alito as Justices of the Supreme Court of the United States pose for a 2006 class photo inside the Supreme Court in Washington March 3, 2006.

    ASSociated Press: Justice Ginsburg Reveals Details of Threat

    Supreme Court Justice Ruth Bader Ginsburg said she and former Justice Sandra Day O’Connor have been the targets of death threats from the “irrational fringe” of society, people apparently spurred by Republican criticism of the high court.

    Ginsburg revealed in a speech in South Africa last month that she and O’Connor were threatened a year ago by someone who called on the Internet for the immediate “patriotic” killing of the justices.

    Ginsburg said the Web threat was apparently prompted by legislation in Congress, filed by Republicans, that would bar judges from relying on foreign laws or court decisions.

    “It is disquieting that they have attracted sizable support. And one not-so-small concern _ they fuel the irrational fringe,” she said in a speech posted online by the court earlier this month and first reported Wednesday by LegalTimes.com.

    Justice Ginsburg’s speech on international law is here.

    According to Ginsburg, someone in a Web site chat room wrote: “Okay commandoes, here is your first patriotic assignment … an easy one. Supreme Court Justices Ginsburg and O’Connor have publicly stated that they use (foreign) laws and rulings to decide how to rule on American cases. This is a huge threat to our Republic and Constitutional freedom. … If you are what you say you are, and NOT armchair patriots, then those two justices will not live another week.”

    Rep. Tom Feeney, R-Fla., a sponsor of one of the congressional proposals, wrote about the legislation on his Web site and in bold letters featured a quote from O’Connor predicting the Supreme Court would probably increasingly rely on foreign courts.

    So, now it is not appropriate to criticise the Justices of the United States Supreme Court because it may lead to criminals making unlawful acts?

    BULL

    Ginsburg is the EVER partisan LEFTIE (former ACLU counsel) and wishes to use partisanship and a “Physical Threat Fakeout” to derail discussion of the real issue: the use of International law as precedent in United States Supreme Court decisions.

    If you and the other justices are threatened, Justice Ginsburg, call the FBI.


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  • Politics,  Supreme Court

    Supreme Court of the United States Watch: Ruth Bader Ginsburg – The Snooze

    ASSociated Press: High Court Tackles Political Boundry Case

    The Supreme Court had put the Texas cases on the fast track, scheduling an unusually long two-hour afternoon session.

    The subject matter was extremely technical, and near the end of the argument Justice Ruth Bader Ginsburg dozed in her chair. Justices David Souter and Samuel Alito, who flank the 72-year-old, looked at her but did not give her a nudge.

    Past her naptime?

    Good Grief……..


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  • Liberal Morons,  Politics,  Supreme Court

    Antonin Scalia Watch: Justice Scalia Heckled at American Enterprise Institute Speech – Redux

    Expose the Left has Moonbats Infiltrate Scalia Speech, Spew Anti Bush, Cheney Remarks (VIDEO)

    DOWNLOAD – .WMV

    Michelle Malkin has MOONBATS VS. SCALIA

    James Joyner at OTB: More AP lies in Scalia/AEI story

    Supreme Court Justice Antonin Scalia gives the keynote speech on the debate over the role that international and foreign law should play in American judicial decision-making, during a day-long symposium at the American Enterprise Institute in Washington, Tuesday, Feb. 21, 2006.

    ASSociated Press: Hecklers Disrupt Scalia at D.C. Appearance

    Supreme Court Justice Antonin Scalia grew tired of a persistent heckler Tuesday and asked organizers of a legal seminar to do something about the outbursts _ gently.

    “Don’t use force,” Scalia told American Enterprise Institute workers as they grabbed the young man’s arm and nudged him toward the door. The workers then let go and the man walked out.

    It was unclear what Aaron Yule, 23, of Boston, was asking when Scalia turned to organizers and said, “Can you, somebody …”

    Earlier, a microphone had been snatched from the man’s hand when he tried to engage the justice in debate. Scalia had asked him whether he had a question, “apart from insults.”

    The speech from C-Span: U.S. Supremce Court Justice Scalia on Outsourcing American Law

    The young questioners were by and large ignorant of the subject and rude – much like the comments section at the Huffington Post or the Daily Kos.

    Justice Scalia was obviously annoyed with the lack of preparation, intelligence and tone of the questioners. For the most part an opportunity to question the Justice on the role of international law on the American courts was lost.

    Will the Justice allow himself to be questioned again?

    Probably……but let’s hope C-Span and the American Enterprise Institute screen a better audience.

    Update #1

    Proof of Law Blog has Media coverage of Scalia speech

    The questioner (a Google search shows that he’s a member of LaRouche Youth) continued to interrupt proceedings, and was eventually removed. There continued to be a mix of intelligent questions (Tom Goldstein and Michael Greve engaged the justice) and provocateurs wanting to make a splash on C-SPAN. Scalia answered questions about his speech, and passed on other questions, but, as if a glutton for punishment (or at least confrontation), he continued to select scruffy leftists/LaRouche Youth who raised their hands (including a German woman who went on a rant about Leibniz), though it would have been easy to bypass them.

    Google Search for Aaron Yule.

    LaRouche Youth Expose Naderites As FascistsAt this point, LYM member Aaron Yule stood up, and repeated Walsh’s charges. “You are a sophist,” he said. “You are playing on people’s fantasies,
    www.larouchepac.com/pages/otherartic_files/2004/040922_naderites.htm – 17k –

    Flap was wondering if this was a set-up……apparently it was.

    Who was in charge of soliciting audience members for the American Enterprise Institute?

    H/T: Michelle Malkin


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  • Politics,  Supreme Court

    Antonin Scalia Watch: Justice Scalia Heckled at American Enterprise Institute Speech

    Supreme Court Justice Antonin Scalia gives the keynote speech on the debate over the role that international and foreign law should play in American judicial decision-making, during a day-long symposium at the American Enterprise Institute in Washington, Tuesday, Feb. 21, 2006.

    ASSociated Press: Hecklers Disrupt Scalia at D.C. Appearance

    Supreme Court Justice Antonin Scalia grew tired of a persistent heckler Tuesday and asked organizers of a legal seminar to do something about the outbursts _ gently.

    “Don’t use force,” Scalia told American Enterprise Institute workers as they grabbed the young man’s arm and nudged him toward the door. The workers then let go and the man walked out.

    It was unclear what Aaron Yule, 23, of Boston, was asking when Scalia turned to organizers and said, “Can you, somebody …”

    Earlier, a microphone had been snatched from the man’s hand when he tried to engage the justice in debate. Scalia had asked him whether he had a question, “apart from insults.”

    The speech from C-Span: U.S. Supremce Court Justice Scalia on Outsourcing American Law

    The young questioners were by and large ignorant of the subject and rude – much like the comments section at the Huffington Post or the Daily Kos.

    Justice Scalia was obviously annoyed with the lack of preparation, intelligence and tone of the questioners. For the most part an opportunity to question the Justice on the role of international law on the American courts was lost.

    Will the Justice allow himself to be questioned again?

    Probably……but let’s hope C-Span and the American Enterprise Institute screen a better audience.

    Update #1

    Proof of Law Blog has Media coverage of Scalia speech

    The questioner (a Google search shows that he’s a member of LaRouche Youth) continued to interrupt proceedings, and was eventually removed. There continued to be a mix of intelligent questions (Tom Goldstein and Michael Greve engaged the justice) and provocateurs wanting to make a splash on C-SPAN. Scalia answered questions about his speech, and passed on other questions, but, as if a glutton for punishment (or at least confrontation), he continued to select scruffy leftists/LaRouche Youth who raised their hands (including a German woman who went on a rant about Leibniz), though it would have been easy to bypass them.

    Google Search for Aaron Yule.

    LaRouche Youth Expose Naderites As FascistsAt this point, LYM member Aaron Yule stood up, and repeated Walsh’s charges. “You are a sophist,” he said. “You are playing on people’s fantasies,
    www.larouchepac.com/pages/otherartic_files/2004/040922_naderites.htm – 17k –

    Flap was wondering if this was a set-up……apparently it was.

    Who was in charge of soliciting audience members for the American Enterprise Institute?

    H/T: Michelle Malkin


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  • Politics,  Samuel Alito,  Supreme Court

    Justice Samuel Alito Watch: CONFIRMED BY THE SENATE AND SWORN IN By Chief Justice John Roberts

    U.S. President George W. Bush shakes hands with Supreme Court Justice Samuel Alito (3rd R) at the White House January 31, 2006. Alito was confirmed by the U.S. Senate 58-42 on Tuesday and was sworn in by Chief Justice John Roberts. Alito replaces retiring Justice Sandra Day O’Connor and becomes the 110th member of the Supreme Court.

    ASSociated Press: Alito Is Sworn in As Associate Justice

    Samuel Anthony Alito Jr. was sworn in as the nation’s 110th Supreme Court justice on Tuesday after being confirmed by the Senate in one of the most partisan victories in modern history.

    Alito was sworn in by Chief Justice John Roberts in a private ceremony at the Supreme Court building across from the Capitol at about 12:40 p.m. EST, court officials said.

    Alito and his wife, Martha-Ann Bomgardner, along with other members of the court and their spouses, attended the ceremony in the justices’ conference room. The 55-year-old New Jersey jurist took both the constitutional and judicial oaths so he can immediately participate in court decisions.

    Alito will be ceremonially sworn in a second time at a White House East Room appearance on Wednesday.

    “Sam Alito is a brilliant and fair-minded judge who strictly interprets the Constitution and laws and does not legislate from the bench,” President Bush said after the vote. “He is a man of deep character and integrity, and he will make all Americans proud as a justice on our highest court.”

    Alito’s swearing-in came only hours after the Senate voted 58-42 to confirm Alito – a former federal appellate judge, U.S. attorney, and conservative lawyer for the Reagan administration from New Jersey – as the replacement for retiring Justice Sandra Day O’Connor, who has been a moderate swing vote on the court.

    All but one of the Senate’s majority Republicans voted for his confirmation, while all but four of the Democrats voted against Alito. Republican Lincoln Chafee of Rhode Island voted no and Democrats Ben Nelson of Nebraska, Kent Conrad of North Dakota, Tim Johnson of South Dakota and Robert C. Byrd of West Virginia voted yes.

    That is the smallest number of senators in the president’s opposing party to support a Supreme Court justice in modern history. Chief Justice John Roberts got 22 Democratic votes last year, and Justice Clarence Thomas – who was confirmed in 1991 on a 52-48 vote – got 11 Democratic votes.

    Congratulations to Justice Alito and his family!


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  • Politics,  Samuel Alito,  Supreme Court

    Samuel Alito Watch: Filibuster Attempt Fizzles – Alito Headed Toward Confirmation

    Supreme Court nominee Samuel Alito, center, smiles as he arrives to meet Sen. Maria Cantwell, D-Wash., in her Capitol Hill office Monday, Jan. 30, 2006. Time is running out for liberals trying to block Alito. Senators planned to vote Monday on whether to shut down a filibuster attempt aimed at keeping the conservative judge off the nation’s highest court. Behind Alito is White House aide Jamie Brown.

    ASSociated Press: Senate Moves Alito Close to Confirmation

    The Senate on Monday all but guaranteed Samuel Alito’s confirmation as the nation’s 110th Supreme Court justice, shutting down a last-minute attempt by liberals to block the conservative judge’s nomination with a filibuster.

    Republican and Democratic senators, on a 72-25 vote, agreed to end their debate, setting up a Tuesday morning vote on Alito’s confirmation to replace retiring moderate Justice
    Sandra Day O’Connor.

    “I am pleased that a strong, bipartisan majority in the Senate decisively rejected attempts to obstruct and filibuster an up-or-down vote on Judge Sam Alito’s nomination,” President Bush said.

    The LEFT wimps out on the Alito filibuster and the Gang of 14 takes the credit…..

    “We saw no reason for the members of this group to support a filibuster,” said senior Democratic Sen. Robert Byrd of West Virginia, a member of the “Gang of 14” — a group of Republicans and Democrats who have pledged not to filibuster unless there are “extraordinary circumstances.”

    The Fat Lady has Sung……..Confirmation tomorrow morning…….

    Congratulations to Justice Samuel Alito.

    Previous:

    Samuel Alito Watch: Obama Criticises Filibuster As Biden Supports It Once

    Samuel Alito Watch: Hillary Clinton Supports FILIBUSTER


    Samuel Alito Watch: Dianne Feinstein Reneges and WILL Vote for Filibuster

    Samuel Alito Watch: FILIBUSTER?


    Samuel Alito Watch: Byrd and Johnson Break Ranks to Support Confirmation

    Samuel Alito Watch: Senate Judiciary Committee Sends Nomination to Full Senate


    Samuel Alito Watch: Senate Judiciary Committee Poised to Approve Judge Alito


    Samuel Alito Watch: Filibuster Likely?

    Samuel Alito Watch: Leahy Will Vote NO on confirmation

    Samuel Alito Watch: Democrat Senator WILL Vote for Confirmation


    Michael Ramirez on Samuel Alito Confirmation Hearings

    Samuel Alito Watch: Democrats Force One Week Delay in Senate Judiciary Committee Vote

    Samuel Alito Watch: Senator Dianne Feinstein Warns Against Filibuster


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  • Politics,  Samuel Alito,  Supreme Court

    Samuel Alito Watch: Obama Criticises Filibuster As Biden Supports It Once

    U.S. Supreme Court nominee Samuel Alito walks through the halls of Capitol Hill in Washington January 27, 2006.

    ASSociated Press: Sen. Obama Criticizes Filibuster Tactic

    To more effectively oppose Supreme Court nominees in the future, Democrats need to convince the public “their values are at stake” rather than use stalling tactics to try to thwart the president, said a senator who opposes
    Samuel Alito’s confirmation.

    Sen. Barack Obama, D-Ill., predicted on Sunday that an effort to try to block a final vote on Alito would fail on Monday. That would clear the way for Senate approval Tuesday of the federal appeals court judge picked to succeed the retiring Justice
    Sandra Day O’Connor.

    Sen. Joseph Biden, D-Del., said he, too, would support the filibuster attempt but agreed that it was not particularly wise.

    “I think a filibuster make sense when you have a prospect of actually succeeding,” Biden said on CNN’s “Late Edition.” “I will vote one time to say to continue the debate. but the truth of the matter” is that Alito will be confirmed, he said.

    The Democrats WILL FILIBUSTER and LOSE on a cloture vote.

    It appears they do NOT have the votes to DENY cloture.

    A final up or down vote will occur on Tuesday with the confirmation of Justice Alito – just in time for President Bush’s State of the Union address.

    Previous:

    Samuel Alito Watch: Hillary Clinton Supports FILIBUSTER


    Samuel Alito Watch: Dianne Feinstein Reneges and WILL Vote for Filibuster

    Samuel Alito Watch: FILIBUSTER?


    Samuel Alito Watch: Byrd and Johnson Break Ranks to Support Confirmation

    Samuel Alito Watch: Senate Judiciary Committee Sends Nomination to Full Senate


    Samuel Alito Watch: Senate Judiciary Committee Poised to Approve Judge Alito


    Samuel Alito Watch: Filibuster Likely?

    Samuel Alito Watch: Leahy Will Vote NO on confirmation

    Samuel Alito Watch: Democrat Senator WILL Vote for Confirmation


    Michael Ramirez on Samuel Alito Confirmation Hearings

    Samuel Alito Watch: Democrats Force One Week Delay in Senate Judiciary Committee Vote

    Samuel Alito Watch: Senator Dianne Feinstein Warns Against Filibuster


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  • California,  Election 2006,  Iraq War,  Liberal Morons,  Politics,  Samuel Alito,  Supreme Court

    Cindy Sheehan Watch: Considering a Challenge to California Senator Feinstein

    U.S. peace activist Cindy Sheehan (L) stands next to Venezuelan President Hugo Chavez during a meeting with World Social Forum Organizations in Caracas, Venezuela January 27, 2006. The sixth world forum, an event that began in Port Alegre in Brazil, has registered more than 67,000 participants and starts with a march against imperialism and war that will likely focus on U.S. President George W. Bush and the conflict in Iraq.

    ASSociated Press: Peace activist Cindy Sheehan considers challenging Sen. Feinstein

    American peace activist Cindy Sheehan, whose son was killed in Iraq, said Saturday she is strongly considering running for office against U.S. Sen. Dianne Feinstein because the California lawmaker will not support calls to immediately bring the troops home.

    Sheehan, who was visiting Venezuela for the World Social Forum along with activists from around the world, said she has been thinking of challenging Feinstein for her seat for some time.

    “I think this is so urgent and necessary that this is what I have to do,” Sheehan told The Associated Press in an interview, adding she would make a final decision on whether to run after talking it over with her three adult children in California in the coming days.

    The Democratic primary will be held in June, and candidates must submit their statements by Feb. 14.

    Sheehan, 48, who lives in Berkeley, Calif., accused Feinstein of being out-of-touch with Californians on Iraq.

    “She voted for the war. She continues to vote for the funding. She won’t call for an immediate withdrawal of the troops,” said Sheehan, who gained international attention when she set up a protest camp near U.S. President George W. Bush’s Texas ranch last year.

    “I think our senator needs to be held accountable for her support of George Bush and his war policies,” she added.

    Come on Cindy…….how about the countless millions that Feinstein’s husband, Richard Blum, has made on the Iraq War.

    And Cindy…….Senator Feinstein WILL SUPPORT the filibuster of Judge Samuel Alito.

    But, Alito WILL be confirmed in any case.

    Are you still going to challenge Senator Feinstein?

    Please do!

    Bill Mundell are you warming up in the bullpen?

    Venezuelan President Hugo Chavez (L) greets U.S activist Cindy Sheehan as he arrives at the meeting with World Social Forum Organizations in Caracas, Venezuela January 27, 2006.


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