By Art Smith. Posted Wednesday, Nov 12, 2008 (3 weeks ago) at 11:41 am Filed Under: Ecology, Environmentalism, Featured, Military, SCOTUS
The Supreme Court (Winter v. Natural Resources Defense Council) voted 5-4 to rescind bans on sonar use in training exercises off the California coast. Those bans were implemented by lower federal courts. The ruling states that the lower courts exceeded their authority in those actions.
The bans were in place presumably to protect sea life from the negative effects of sonar use… effects that have been researched by organizations like the National Resources Defense Council (NRDC). I can not speak directly to the integrity of the research, but it seems the concerns bear consideration. Perhaps not a knee-jerk response, since sonar has been in regular use for decades now, but enough careful consideration that if sea life is truly being impacted, specifically by excessive noise (and sonar is not the only source of noise that is produced by human activities in the ocean), then we can look at appropriate legal imperatives to provide adequate protection without hog-tying the Navy from being adequately prepared for real battles.
The Court was not, in this case, judging [...]
I finally got time to watch a recording of Saturday night’s Saddleback Church event with Obama and McCain. DJ made some excellent observations earlier in the week, which I thought I might supplement a bit. If you have not seen it yet, I strongly suggest that you view this event as I think it provides [...]
By Art Smith. Posted Monday, Aug 18, 2008 at 4:31 pm Filed Under: Constitution, SCOTUS, Second Amendment
Dick Heller, of DC v. Heller fame, finally got a gun permit today.
Unfortunately, that’s only part of the story.
The District is treating semi-automatic handguns as “machine guns”. So, the registration he succeeded at acquiring only allows him to have a revolver in his home.
Heller recently sued the city again, alleging that the registration rules adopted by [...]
By Art Smith. Posted Wednesday, Jul 2, 2008 at 10:14 pm Filed Under: Courts, SCOTUS, capital punishment
I am surprised I didn’t see more blogs lit up over this today (Allahpundit over at Hot Air did hit on it, though).
The Supreme Court was wrong.
That is, Anthony Kennedy, who wrote the majority opinion in Kennedy v. Louisiana, was wrong. If you recall, Kennedy wrote in his opinion (discussed here last week) that
Thirty-seven jurisdictions—36 [...]
Thank goodness, albeit another split decision, the court came through with a good decision. In DC v Heller, the court ruled in favor of gun ownership. We discussed this case back when arguments wrapped up in April. For those of you that are sure to argue that my position yesterday was [...]
Lyle Denniston at the SCOTUS Blog provides some interesting insight into today’s decision in Kennedy v. Louisiana, a death-penalty case that has now been overturned by the high court. This was a case of child rape. Eight years old. By the her step-father.
The court is wrong.
As Lyle observes, the court has [...]
By Art Smith. Posted Thursday, Jun 12, 2008 at 5:30 pm Filed Under: Rights, SCOTUS, Terrorism, WAR
In other news, the Supreme Court has now gone too far. Sister Toldjah:
Quote of the day: “The Nation will live to regret what the Court has done today.”
That was Supreme Court Justice Antonin Scalia, in his dissent on the USSC ruling today that Gitmo detainees have habeas corpus rights.
Lyle Denniston analyzes the ruling here.
Captain [...]
By Art Smith. Posted Saturday, Feb 2, 2008 at 10:45 pm Filed Under: Constitution, Contests, Courts, John Marshall, US Congress
As disappointing as it may be, we’re closing Contest #3 without a winner.
As you may recall, the question was:
Provide the textual portion of the US Constitution that describes the well-known concept of Judicial Review, which gives the Federal Judiciary the authority to determine the constitutionality of US or State laws. Then, please name the first [...]