Tag: Supreme Court

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Accountability crime and punishment First Amendment rights general freedom government transparency local leaders moral hazard Regulating Protest too much government U.S. Constitution

Lock Her Up

Deyshia Hargrav, superintendent, schoolboard, Vermilion Parish school board, free speech, government, local government, Lozman v. Riviera Beach, Florida, Supreme Court

“Who Are We?” I asked Sunday at Townhall​.com.

Today’s question: What have we come to?

Under a seemingly click-​bait headline in The Atlantic, “Can Government Officials Have You Arrested for Speaking to Them?” Garrett Epps examines last week’s outrageous handcuffing and arrest of a Louisiana teacher, Deyshia Hargrave, for speech displeasing to the Vermilion Parish school board at a public meeting.

The elementary school teacher complained about a $30,000 raise the board was giving the superintendent, noting that teachers had not seen an increase in nearly a decade. After asserting that the raise would be “basically taken out of the pockets of teachers,” she was ruled out of order by the school board president and then asked to leave the premises. She calmly left the meeting room … only to be forced to the floor, handcuffed and arrested once in the hallway. 

Police claimed the arrest was for “remaining after having been forbidden” and “resisting an officer.”

The school district announced it won’t press charges. Very funny. Anyone can see from the video that her treatment was excessive. 

Next month, the U.S. Supreme Court will hear oral arguments in Lozman v. Riviera Beach, Florida, where an arrest was clearly retaliatory, but the city is newly claiming another violation it could have used to arrest Mr. Lozman. 

Does this after-​the-​fact adding on of charges provide governments with an escape clause? As Epps argues, a Lozman decision “could either rein in, or embolden, the tiny-​handed tyrants who rule county buildings and city halls around the country.”

If respectfully challenging our so-​called public servants in meetings designed for that can lead to being arrested, handcuffed and dragged off, we no longer live in ‘the land of the free.’

This is Common Sense. I’m Paul Jacob.

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crime and punishment First Amendment rights general freedom moral hazard property rights too much government

A Cakewalk Case?

Masterpiece Cakeshop v. Colorado Civil Rights Commission, Supreme Court, civil rights, first amendment

The Justices seem split — on the “gay cake” case. 

A Christian baker had no trouble selling a gay couple a pre-​made cake, out of his showcase, but balked at selling a custom wedding cake of any kind. According to NPR’s Nina Totenberg, the couple understood that requesting a “gay” themed cake would go too far. But the baker’s refusal to decorate any wedding cake seemed unacceptable.

In Colorado, where the cake didn’t get made, there is a public accommodations law that says businesses must serve all customers regardless of race, religion, or sexual orientation. So Colorado went after the baker, the baker hired a lawyer, and Masterpiece Cakeshop v. Colorado Civil Rights Commission was heard by the Supreme Court this week.

Commonly billed as a conflict between First Amendment-​guaranteed religious freedom* and the civil rights of citizens as defined and protected by a state law, it almost defies easy solution. 

One could argue that the First Amendment right to freely associate (including the right not to associate) should extend to business. But that goes against legislation built up since the 1964 Civil Rights Act, which in many places ended an often violent racial segregation** no one wants back. However, a custom-​made wedding cake is also expressive and therefore speech.

One could decide for Colorado on federalist grounds. And the late Justice Antonin Scalia, Ms. Totenberg tells us, argued that a general law not directed at a religion does not allow a specifically religious defense.

But one defense of the baker may work. The Colorado Civil Rights Commission has not applied its rulings equally. It sided with non-Christian bakers who refused to make cakes for Christians requesting Bible-​verse cakes.

And that “takes the cake.”

This is Common Sense. I’m Paul Jacob

 

* In this regard, Justice Kennedy stated from the bench that it seemed to him “that the state in its position here has been neither tolerant nor respectful of Mr. Phillips’ religious beliefs.” Kennedy will likely be the swing vote.

** No small amount of this violence, segregation and discrimination was coerced by state laws in defiance of the Fourteenth Amendment and the Bill of Rights.

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Accountability folly general freedom government transparency initiative, referendum, and recall local leaders moral hazard national politics & policies term limits

Illinois’s Chicken-​and-​Fish Supreme Court

Illinois, Supreme Court, term limits, initiative, democracy, gerrymandering

A constitution is the law of the land only to the extent that it’s enforced. And in Illinois, the right of citizen initiative — provided for in the state constitution — is not enforced.

The constitution’s wording is explicit: “Amendments … may be proposed by a petition signed by a [specified number of electors].… Amendments shall be limited to structural and procedural subjects contained in Article IV.”

Does that Article IV discuss the subject of election procedures, including eligibility requirements, thereby opening the door to a citizen-​initiated term limits amendment? Yes, it does. Section 2, subsection ©, for example, specifies citizenship, age, and residency requirements.

Yet the Illinois Supreme Court has repeatedly chucked the results of effective petition drives to get a state legislative term limits question on the ballot.

The justices rely on the venerable Fallacy of Tortured Misreading. 

Former Illinois legislator Jim Nowlin recently pointed out that in 1976, the court concluded that the wording about how initiative proposals “‘shall be limited to structural and procedural subjects’… meant a proposal must make both kinds of changes.” The lone dissenter on the court “opined to the effect: When I see a restaurant sign that says, ‘We have chicken and fish,’ that doesn’t mean you have to order both chicken and fish!”

The right of citizen initiative is a crucial means of reforming government when those in government won’t reform themselves. The citizens of Illinois have that right. But, for now, they also don’t.

That ain’t Common Sense. I’m Paul Jacob.

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Accountability free trade & free markets general freedom national politics & policies property rights Regulating Protest

Union Dues, Don’ts

labor unions, Membership Renewal, Supreme Court, force, coercion, signing, scab, membership

You may soon be able to shred your union card — if you are careful.

By “you” I mean You, the reluctant union member. 

If you’re not one, though, perhaps you know somebody who is, someone who’d be happy to learn that the Supreme Court is on the verge of dealing a huge setback to coercive unionism.

John Hinderaker explains at Power Line. The Supreme Court is expected to soon decide a major case in a way that “bar[s] public employees from being forced into unions, or from being required to support unions via the fiction of ‘fair share contributions.’ ” (Much of that money goes straight to Democratic Party coffers.) With Neil Gorsuch now on the bench, a 4 – 4 holding pattern is expected to become a 5 – 4 decision in favor of plaintiffs suing for freedom from mandatory union membership.

Sounds good.

Problem is, though, that union officials are working to trick members into paying dues in perpetuity. For example, Education Minnesota is trying to con its 86,000 teachers into signing “Membership Renewal” forms assenting to automatic renewal of fees – unless the signatory makes a special effort to opt out. 

The union hopes members will sign the cards and forget about them, continuing to fund the unions, and Democratic politics, indefinitely — even if the high court rescues everyone from mandatory membership.

So, if you happen to be trapped in a union at the moment — watch what you sign. And watch the news.

This is Common Sense. I’m Paul Jacob.

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Accountability folly ideological culture judiciary national politics & policies term limits U.S. Constitution

A Trout in the Milk

Senate Judiciary Committee , Supreme Court, hearings, term limits, Neil Gorsuch

This week, the Senate Judiciary Committee grilled Judge Neil Gorsuch, President Trump’s nominee for the U.S. Supreme Court. Talk about a silly rite. Senators repeatedly fired questions about specific legal views that no High Court nominee ever answers.

Why not? Because to answer would be to pre-​judge possible future cases.

That didn’t prevent displays of faux-outrage from committee Democrats, though. “You have been very much able to avoid any specificity,” Sen. Dianne Feinstein (D‑Calif.) criticized, “like no one I have ever seen before.”

In Washington, isn’t that a compliment?

Into this kabuki theater, Republicans added their own inanity. Sen. Jeff Flake (R‑Ariz.) inquired of Gorsuch, “What’s the largest trout you’ve ever caught?”

So that is how to determine whether to confirm someone for a lifetime position.

But even a lifetime doesn’t beat Congress. Elected every two years in the House or six years in the Senate, congresspersons often rack up longer tenure than do justices appointed for life.

The longest serving justice in our history was William O. Douglas, who spent nearly 37 years on the High Court. But if Douglas had spent that epoch in Congress, he wouldn’t place first, but 80th.

In fact, three Judiciary Committee members — Senators Patrick Leahy, Chuck Grassley and Orrin Hatch — have already served longer than any High Court justice in American history.

Interestingly, of the 20 longest serving justices, half served before 1900. Conversely, all of the 20 longest continuously serving members of Congress served after 1900.

Careerism in Congress beats lifetime tenure.

It’s time for term limits.

This is Common Sense. I’m Paul Jacob.

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crime and punishment ideological culture judiciary national politics & policies Second Amendment rights Tenth Amendment federalism term limits U.S. Constitution

Perry Mason for the Court

Neil Gorsuch, Perry Mason, Supreme Court, Judge, nomination, Trump

Legend has it that a juror once ran up to attorney Neil Gorsuch, after Gorsuch won a case proving a gravel pit owner had been cheated, declaring, “You’re Perry Mason.”

These days, Gorsuch sits on the Tenth Circuit Court of Appeals, and is President Donald Trump’s nominee for the late Justice Scalia’s seat on the nation’s highest court.

And now Gorsuch is receiving testimonials worthy of the indefatigable TV lawyer.

Brad Smith, the chairman of the Center for Competitive Politics, expressed his pleasure “that President Trump has nominated someone who will defend a robust First Amendment.”

Ballot access expert Richard Winger noted that Gorsuch has a “good record in cases involving independent candidates and minor parties.”

“I am hard-​pressed to think of one thing President Trump has done right in the last 11 days since his inauguration,” wrote Neal Katyal in the New York Times. “Until Tuesday,” continued the Georgetown law professor, “when he nominated an extraordinary judge and man, Neil Gorsuch, to be a justice on the Supreme Court.”

Katyal, who had served as an acting solicitor general in the Obama administration, added that Gorsuch’s record of holding government officials accountable “should give the American people confidence that he will not compromise principle to favor the president who appointed him.”*

Even I have pertinent testimony: back in 1992, Gorsuch argued (in a co-​authored Cato Institute paper) that term limits were “constitutionally permissible” as “institutional constraints on the power of government” that “the Framers,” if alive today, would likely see as “necessary preconditions for liberty.”

No, Gorsuch is not actually Perry Mason — I never knew where Perry stood on term limits.

This is Common Sense. I’m Paul Jacob.

 

* On Reason’s Hit & Run blog, Damon Root strongly agreed.

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