Here We Go Again....
Hot off the wires:
If you'll recall, the SCOTUS threw out Newdow's petition a year ago not on the merits (or lack thereof) of the case but because he didn't have legal standing to bring the litigation since he was not his daughter's legal guardian, and it was on her ostensible behalf that he did so. That simply delayed the confrontation, since Newdow was guaranteed to go out and find some petitioners who did have standing to sue. And this federal judge could cover his ass by citing the 9th Circuit ruling as precedent (and then some), since they ruled (wrongly) on the case itself and the SCOTUS didn't.
So once again we have the Left attempting to impose via the courts an outcome they have no chance of winning legislatively. A legal philosophy and dynamic that is precisely what John Roberts staunchly opposes, but which will certainly provide a delightful backdrop for the confirmation hearings of Justice O'Connor's replacement.
As for Roberts, it appears that after having their heads handed to them yesterday by the nominee, the Democrats have all but thrown in the towel. They're definitely hoping for better hunting next time.
That would be a good cue for President Bush to stop groveling to his enemies over their Katrina smears and stiff them with another outstanding constitutionalist SCOTUS choice.
After all, with these confirmation-hearings-as-Saturday-Night-Live-skits, C-SPAN 2 is the most entertaining channel on cable. And how often can you say that?
UPDATE: Double-H suggests Tenth Circuit Court of Appeals Judge and "one of the country's leading experts on the religion clauses of the First Amendment of the United States Constitution," Michael McConnell.
Reciting the Pledge of Allegiance in public schools was ruled unconstitutional Wednesday by a federal judge who granted legal standing to two families represented by an atheist who lost his previous battle before the U.S. Supreme Court....
[U.S. District Judge Lawrence] Karlton said he was bound by precedent of the 9th U.S. Circuit Court of Appeals, which in 2002 ruled in favor of Sacramento atheist Michael Newdow that the pledge is unconstitutional when recited in public schools.
If you'll recall, the SCOTUS threw out Newdow's petition a year ago not on the merits (or lack thereof) of the case but because he didn't have legal standing to bring the litigation since he was not his daughter's legal guardian, and it was on her ostensible behalf that he did so. That simply delayed the confrontation, since Newdow was guaranteed to go out and find some petitioners who did have standing to sue. And this federal judge could cover his ass by citing the 9th Circuit ruling as precedent (and then some), since they ruled (wrongly) on the case itself and the SCOTUS didn't.
So once again we have the Left attempting to impose via the courts an outcome they have no chance of winning legislatively. A legal philosophy and dynamic that is precisely what John Roberts staunchly opposes, but which will certainly provide a delightful backdrop for the confirmation hearings of Justice O'Connor's replacement.
As for Roberts, it appears that after having their heads handed to them yesterday by the nominee, the Democrats have all but thrown in the towel. They're definitely hoping for better hunting next time.
That would be a good cue for President Bush to stop groveling to his enemies over their Katrina smears and stiff them with another outstanding constitutionalist SCOTUS choice.
After all, with these confirmation-hearings-as-Saturday-Night-Live-skits, C-SPAN 2 is the most entertaining channel on cable. And how often can you say that?
UPDATE: Double-H suggests Tenth Circuit Court of Appeals Judge and "one of the country's leading experts on the religion clauses of the First Amendment of the United States Constitution," Michael McConnell.
posted by JASmius at 11:37 AM
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