Showing posts with label U.S. Supreme Court. Show all posts
Showing posts with label U.S. Supreme Court. Show all posts

Wednesday, February 10, 2016

U.S. Supreme Court blocks Obama's climate rule for power plants.


U.S. Supreme Court blocks Obama's climate rule for power plants. The Hill.

The Supreme Court has blocked President Obama's landmark climate rule for power plants, dealing a major blow to the president's climate agenda.

In an order released Tuesday night, the court said it is placing a stay on the Environmental Protection Agency's plan to cut carbon pollution from power plants while industry and state lawsuits move forward.

The court granted the request in a 5-4 vote on Tuesday night, saying the rule was on hold until the circuit court reviews it and Supreme Court appeals are exhausted. The court’s four liberal justices dissented from the decision.


The rule — the Clean Power Plan — is the main plank of Obama's climate change agenda. It’s designed to cut carbon pollution from the electricity sector by 32 percent over 2005 levels by 2030 by assigning states individual reduction targets based on their energy mix.

White House press secretary Josh Earnest said in a statement that the administration disagrees with the order, but “we remain confident that we will prevail” when the rule is argued on its merits.

The stay means Obama will likely leave office with the fate of his premier climate policy undecided. Read the full story here.

Sunday, January 3, 2016

Supreme Court Justice Antonin Scalia dismisses concept of religious neutrality in speech.


Supreme Court Justice Antonin Scalia dismisses concept of religious neutrality in speech. (Memorandum).

Scalia, who was appointed by President Ronald Reagan in 1986 is the court's longest serving justice. He has consistently been one of the court's more conservative members.

He told the audience at Archbishop Rummel High School that there is "no place" in the country's constitutional traditions for the idea that the state must be neutral between religion and its absence.

"To tell you the truth there is no place for that in our constitutional tradition. Where did that come from?" he said. "To be sure, you can't favor one denomination over another but can't favor religion over non-religion?"


He also said there is "nothing wrong" with the idea of presidents and others invoking God in speeches. He said God has been good to America because Americans have honored him. Read the full story here.

Monday, May 20, 2013

UK Man has Prostate Removed After Tests Reveal ‘Jolie’ Gene Flaw.


UK Man has Prostate Removed After Tests Reveal ‘Jolie’ Gene Flaw.(Ibitimes).By Tom Porter. A 53-year-old British father has become the first man to have his prostate removed because tests revealed he was carrying a "faulty" cancer gene.

A clinical trial at London's Institute of Cancer Research revealed that he carried the BRCA2 gene, which research shows is associated with a high risk of developing prostate cancer.

Several of the man's family had suffered from breast or prostate cancer, which is why he took part in the study.

The closely associated BRCA1 gene has been known for some time to have links with breast cancer, and last week actress Angelina Jolie revealed that she had undergone a double mastectomy when tests revealed that she carried the gene.

After receiving the news the man asked doctors to remove his prostate, which tests had shown to be healthy.

Surgeons were initially reluctant, since the potential side effects of the operation include infertility, incontinence and sexual dysfunction.

MRI scans and a prostate-specific antigen, or PSA tests, did not show the presence of malignant cells, but microscopic examination revealed cell changes associated with cancer, prompting the surgeons to act.

Surgeon Roger Kirby told the Sunday Times: "The relatively low level of cancerous cells we found in this man's prostate before the operation would these days not normally prompt immediate surgery to remove the gland, but given what we now know about the nature of BRCA2, it was definitely the right thing for this patient." After the gland was removed, tests revealed previously undetected cancers. "This patient is now absolutely fine. A number of these BRCA families have now been identified, and knowing you are a carrier is like having the sword of Damocles hanging over you. You are living in a state of constant fear. I am sure more male BRCA carriers will now follow suit."Hmmmm.......As from Day One i had bad vibes about this whole thing, now given the following story below i'm starting to believe my gut feeling was right on this one.Read the full story here.

Related:  Angelina Jolie part of a clever corporate scheme to protect billions in BRCA gene patents, influence Supreme Court decision (opinion)?

Thursday, March 28, 2013

Key Moments From the Hearing on the Defense of Marriage Act.


Key Moments From the Hearing on the Defense of Marriage Act.(NYTimes).

Justice Antonin Scalia It has not arisen very often in the past, because in the past, when I was at the Office of Legal Counsel, there was an opinion of the Office of Legal Counsel which says that the Attorney General will defend the laws of the United States, except in two circumstances:

Number one, where the basis for the alleged unconstitutionality has to do with presidential powers. When the presidential powers are involved, he's the lawyer for the President. So he can say, we think the statute's unconstitutional, I won't defend it.

The second situation is where no possible rational argument could be made in defense of it.

Now, neither of those situations exists here. And I'm wondering if we're living in this new world where the Attorney General can simply decide, yeah, it's unconstitutional, but it's not so unconstitutional that I'm not willing to enforce it, if we're in this new world, I -— I don't want these cases like this to come before this Court all the time.

And I think they will come all the time if that's — if that's — if that's the new regime in the Justice Department that we're dealing with. Hmmmm......I think Justice Scalia nailed it with the 'REGIME' remark.

Monday, May 21, 2012

The U.S. Supreme Court has made it very clear that "Treaties do not override the U.S. Constitution".





HT: TheGhostFighters.The U.S. Supreme Court has made it very clear that:

1) Treaties do not override the U.S. Constitution.

2) Treaties cannot amend the Constitution. And last,

3) A treaty can be nullified by a statute passed by the U.S. Congress (or by a sovereign State or States if Congress refuses to do so), when the State deems a treaty the performance of a treaty is self-destructive. The law of self-preservation overrules the law of obligation in others.

When you’ve read this thoroughly, hopefully, you will never again sit quietly by when someone — anyone — claims that treaties supercede the Constitution. Help to dispell this myth.

“This [Supreme] Court has regularly and uniformly recognized the supremacy of the Constitution over a treaty.” – Reid v. Covert, October 1956, 354 U.S. 1, at pg 17.
This case involved the question: Does the NATO Status of Forces Agreement (treaty) supersede the U.S. Constitution? Keep reading. The Reid Court (U.S. Supreme Court) held in their Opinion that, “… No agreement with a foreign nation can confer power on the Congress, or any other branch of government, which is free from the restraints of the Constitution. Article VI, the Supremacy clause of the Constitution declares, “This Constitution and the Laws of the United States which shall be made in pursuance thereof; and all the Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme law of the land…’ “There is nothing in this language which intimates that treaties and laws enacted pursuant to them do not have to comply with the provisions of the Constitution nor is there anything in the debates which accompanied the drafting and ratification which even suggest such a result… “It would be manifestly contrary to the objectives of those who created the Constitution, as well as those who were responsible for the Bill of Rights – let alone alien to our entire constitutional history and tradition – to construe Article VI as permitting the United States to exercise power UNDER an international agreement, without observing constitutional prohibitions. (See: Elliot’s Debates 1836 ed. – pgs 500-519).
“In effect, such construction would permit amendment of that document in a manner not sanctioned by Article V. The prohibitions of the Constitution were designed to apply to all branches of the National Government and they cannot be nullified by the Executive or by the Executive and Senate combined.” Did you understand what the Supreme Court said here? No Executive Order, Presidential Directive, Executive Agreement, no NAFTA, GATT/WTO agreement/treaty, passed by ANYONE, can supersede the Constitution. FACT. No question! 
At this point the Court paused to quote from another of their Opinions; Geofroy v. Riggs, 133 U.S. 258 at pg. 267 where the Court held at that time that, “The treaty power as expressed in the Constitution, is in terms unlimited except by those restraints which are found in that instrument against the action of the government or of its departments and those arising from the nature of the government itself and of that of the States. It would not be contended that it extends so far as to authorize what the Constitution forbids, or a change in the character of the government, or a change in the character of the States, or a cession of any portion of the territory of the latter without its consent.” Assessing the GATT/WTO parasitic organism in light of this part of the Opinion, we see that it cannot attach itself to its host (our Republic or States) in the fashion the traitors in our government wish, without our acquiescing to it.
The Reid Court continues with its Opinion: “This Court has also repeatedly taken the position that an Act of Congress, which MUST comply with the Constitution, is on full parity with a treaty, the statute to the extent of conflict, renders the treaty null. It would be completely anomalous to say that a treaty need not comply with the Constitution when such an agreement can be overridden by a statute that must conform to that instrument.” The U.S. Supreme court could not have made it more clear : TREATIES DO NOT OVERRIDE THE CONSTITUTION, AND CANNOT, IN ANY FASHION, AMEND IT !!! CASE CLOSED.Hmmmm......."Beware of false Prophets who come to you in lambs' clothing, but from within they are plundering wolves." ~ Matthew 7:15.Read the full story here.
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