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Showing posts with the label Alito

High Court Confirms Workers’ First Amendment Rights

To compel a man to furnish contributions of money for the propagation of opinions which he disbelieves, is sinful and tyrannical – Thomas Jefferson The sentiment above is to be found in an Act for Establishing Religious Freedom , a bill drawn up by Thomas Jefferson as part of the Revised Code of Virginia laws, but the sentiment might easily apply to Janus vs. AFSCME , a decision rendered recently by the U.S. Supreme Court.

Obamacare Mandate Prompts Lawsuits

Mandates in the health care law promulgated and supported by President Barack Obama’s administration already have produced some related push back from the United States Supreme Court. If the matter of health care mandates reaches the high court, it will be heard by justices who have already overwhelmingly affirmed that the First Amendment provides exceptions to religious employers. In a recent case involving the right of a Lutheran school to fire an employee, Chief Justice John Roberts, writing for the majority, declared that the U.S. Constitution does not permit “government interference with an internal church decision that affects the faith and mission of the church itself,” a ruling that legal scholars regard as the court’s most significant declaration on religious freedom in two decades. The unanimous 9-0 decision represented a dramatic defeat for the Obama administration, which argued in the case that in firing a teacher the school was not exempt from civil rights claims. In...

FREE SPEECH AND THE SUPREME COURT: RANDOM REMARKS

It is fascinating that the First Amendment is of enormous concern today as it was to our Founding Fathers. It was not originally in the Constitution, which nearly prevented the Constitution from being ratified. Madison opposed adding it to the Constitution but in the end had to give way. To secure ratification, he had to promise that once the Constitution was ratified, it would be added, and so it was. The Supreme Court on January 21 invalidated laws that made certain kinds of political speech by corporations a crime. Critics fear corporate corruption or a diminution of democracy or both. Thus: "What a terrible day for American democracy. . . . [A] deeply divided Supreme Court has essentially given corporations free rein to drown out the voices of the American people, rejecting the secret democratic principle of 'one person, one vote.'"—Senator Dodd "[W]e’re being told that an extremely vituperative expression of disdain for a candidate for president in Ame...

Republican Prospects: The McCainiacs

The Republican mythology of the upcoming presidential election has put Fred Thompson center stage as the sole true conservative candidate; Rudy Giuliani , John McCain and George Romney are moderate Republicans. Thompson’s withdrawal therefore represents a setback for conservatives. The dirges are only just now beginning. When Bill Buckley, running for mayor of New York, was asked what he would do if he actually won, he responded that he would string a net around one of the floors of the New York Times building. Nets are being strung, and the left in the United States may now safely expel its held breath: There will be no conservative candidate for president this year. Not everyone on the right is down in the dumps. Political commentator and classicist David Hanson, author of “A War Like No Other,” an account of the Peloponnesian War, has written favorably about McCain , producing cat calls from his usual cheering section. McCain, Hanson says, is no Ronald Reagan. But he reasonably poi...

Lieberman, Alito and the Consensus

After much cogitation, U.S. Senator Joe Lieberman issued a press release detailing his reasons for voting against Supreme Court nominee Judge Sam Alito. Neither his reasons nor his vote may placate his critics on the left, many of whom are still smarting from his announced support for President George Bush’s Iraq policy. Lieberman’s anti-Alito vote, one critic noted, is a safe political move that will not arouse antagonism within the pro-choice crowd: “Having the anti-war crowd upset is one thing but Lieberman would have set off a firestorm of anger in the state if he voted for the guy who will vote to overturn Roe v. Wade.” Liberals called upon Lieberman to join in a filibuster recommended by former Vice President Al Gore, a truer test of the senator’s resolve since his vote could not block Alito’s confirmation in the senate. According to Lieberman’s press release, Alito failed to pass a four point test. Lieberman gave Alito a star on three points -- intellect and ability, experien...