SO FAR WE ARE GETTING MIXED RESULTS FROM THE SUPREME COURT WITH CHIEF JUSTICE ROBERTS ACTING AS THE SWING VOTE - THE FIRST TWO OPINIONS ARE NONDISCRIPT
UPDATE: SUPREME COURT JUST ANNOUNCED MORE OPINIONS WILL ISSUE TOMORROW AT 9A.M. OUR TIME - IT IS AN INDICTMENT ON THE COURT HOW MUCH MONEY IS BEING SPENT FOR SECURITY AROUND THE COURT OVER THE IMPENDING ABORTION DECISION - YOU CANNOT HAVE A REPUBLICA WHEN FEDERAL SECURITY HAS TO PROTECT THE COURT AT AN UNPRECEDENTED LEVEL
AFTER 100 YEARS OF PASSING SUPREME COURT REVIEW, TODAY THE SUPREME COURT RULED NY'S LAW REQUIRING A LICENSE TO CARRY A WEAPON IN PUBLIC IS UNCONTITUTIONAL
I repeat my right to life trumps your right to own any guns. How the Democrats seem unable to articulate such a simple concept is lost on me. It is lost on no one the Democrats just pushed for more security for the Supreme Court and the President signed it into law. So these guys get more security and we get less.
Associate Justice Thomas commands states look to what the Founding Fathers understood at the time the Second Amendment was written. Every founding father knew of Blackstone's summaries of the law at the time. Blackstone recognized the balancing issue.
Now when you read this if it appears toe be a small "f" try reading it as an "s." Language changes.
"The RIGHTS OF PERSONS.
BOOK I.
Ch. 1.
man from doing mifchief to his fellow citizens, though it diminifhes the natural, increafes the civil liberty of mankind : but every wanton and caufelefs reftraint of the will of the fubject, whether practiced by a monarch, a nobility, or a popular affembly, is a degree of tyranny. Nay, that even laws themfelves, whether made with or without our confent, if they regulate and conftrain our conduct in matters of mere indifference, without any good end in view, are laws deftructive of liberty : whereas if any public advantage can arife from obferving fuch precepts, the control of our private inclinations, in one or two particular points, will conduce to preferve our general freedom in others of more importance ; by fupporting that ftate, of fociety, which alone can fecure our independence. "
Source:
You get it, if the law has no real purpose it has no basis, but if the law invades are natural right for a more secure society and enhancement of our liberty, then it is constitutional. Justice Thomas knowns Blacksone, but he just does not respect the common law at the time the Founding Fathers wrote the constitution. This is simple the well respected notion of Ordered Liberty.
NY has promised to move fast to effectively overrule the Supreme Court. Justice Thomas left enough loopholes in the opinion for NY to rewrite the law to effectively stop the carrying of weapons in public. Also the concurring opinions left even more holes in the opinion. There is no clear opinion.
The issue was over the permit process and the need to show a real reason for self defense. Well given how many mass shootings we have had I think a rational person should be able to argue self defense. But there were mandates to get a gun to carry in public without a permit
Nonetheless NY is free to immediately reenact this law with guidelines which better comport with historical rules applied in the country. But for now in Times Square anyone with an AR 15 can walk around without a permit.
The first case this morning is about voter ID, sort of. It is a nondescript case. After a controversial veto of the new law, which the Legislature overturned, the NAACP to stop the law sued. I have never hidden the fact I support voter ID so long as the state has rational laws of what counts as a valid ID, the state has worked hard to insure everyone can get an ID.
The case actually had nothing to do with voter ID. The issue is can the legislature ask to intervene in the lawsuit if they believe they can do a better job defending their laws than the State. The Court said yes, while he appellate court said no. I think they got this. Whether I like the Texas Legislature or not, they along with all legislatures should be allowed to defend constitutional challenges to their laws. Whether I like it or not they are the ones the people elected to represent their interests.
In an another nondescript opinion the Court ruled a prisoner can ask for any form of execution used in any state which may be less painful than the one used in the state where they face the death penalty. Chief Justice Roberts was a swing vote.
For years this has been the law as to the state, but now it has been extended to the process used by other states if it is less painful.
The state is responsible 100% for delaying this inmates execution. All they had to do was agree to the form of execution of his choice and he would already be dead and buried.
This is just another example of the state keeping these cases alive for no apparent reason.
MIRANDA TAKES ANOTHER HIT, WHILE THE POLICE GET MORE RIGHTS
We all know Miranda "you have the right to remain silent - etc." For years the Supreme Court has weakened Miranda over and over again. The current rules make it just too easy for the police to ignore Miranda because there is no accountability.
The defendant was tried, and found not guilty. Congress pursuant to its powers under the Fourteenth Amendment allow people to sue state officials for violating their rights whether a state law or the constitution. There is nothing in the plain language, exempting out any rights. [ a term the conservatives love to use unless they do not like the result.]
This opinion for its final reasoning proves the fake Conservatives on the Court just make things up to fit their agenda.
In the first of two trials the trial court ruled that failure to give him his Miranda rights and then sign a confession of apology found because he was not under arrest at the time, just interrogation, the police had not duty to issue a Miranda warning.
The initial trial ended in a mistrial. In the second case the judge again refused to allow the jury to know the defendant's Miranda's rights were violated. The jury found him not guilty.
Then under the federal law he sued that failure to give him his Miranda rights violated his constitutional rights. Not even the Supreme Court challenged the right to a Miranda warning is a constitutional guarantee.
HERE IS THE BS RULING
They found it does not serve judicial economy for a federal judge or jury to reconsider whether the state court should have informed the jury of the failure of his Miranda rights and therefor his letter of apology was inadmissible.
On a regular basis the federal courts review state criminal proceedings and reverse the state. What is the difference?
Congress knows what it is saying. Nowhere in the § 1983 law does it say some federal rights and state rights are exempted from enforcement under the law. § 1983 law is difficult because the Supreme Court and appellate courts keep on ruling Congress never intended a remedy for a particular of federal or state law which was violated.
Congress was clear, if under the color your rights are violated you can sue. How do you interpret this to mean what Congress meant or did not mean?. The language is so plain. No constitutional right, federal right or state right was exempted under the law.
The decision of the Supreme Court to use judicial efficiency as an excuse to not allow for the suit is pure BS because federal judges already do this.
In fact the Supreme Court every term reverses state Supreme Court proceedings to include misapplication of state law. So what is the difference?
Miranda is our main defense against against a recalcitrant police officer of DA, and with every term the Supreme Court weakens it, while making it more and more difficult to sue or hold the police accountable for violating our rights.