Tuesday, August 13, 2019

JUSTICE STEVENS RETROSPECTIVE

Two interesting articles on Justice Stevens. 

In this Atlantic article by the late Justice, Justice Stevens writes that  Justice Scalia's  majority opinion in the Second Amendment case Heller was "The Worst Decision of My Tenure."  The article is here.
Justice Stevens write eloquently on the tragedies of firearms in our society and his belief that a constitutional amendment is desperately needed to overrule Heller and it's effects on firearms and shooting tragedies  in the United States. 

In this recent Op Ed piece, Law Professor Barry McDonald gives a well reasoned (real) conservative analysis of why Judges who don't have a judicial philosophy, may be nice people who want to do the right thing, but who represent a danger to the Constitution and the rule of law. The argument, boiled down to its essence, is that you do not want a judge who makes decisions based on their personal view of what is right. What a judge appointed by Donald Trump thinks is right may be vastly different then what a judge appointed by Jimmy Carter thinks is right, and both of those judges may have a different view of what is right then, say, a judge appointed by a President George Wallace- to give an extreme example. 
What you want are judge's who have a consistent and coherent judicial philosophy because in the end, a consistent philosophy withstands the vagaries of trendy ideals, beliefs, and views. 

5 comments:

  1. Heller was nothing more than the recognition that some poor black man in crime infested DC has the constitutional right to protect himself from gun violence by keeping a handgun in his home. A consistent judicial philosophy? Stevens was an early proponent of the death penalty and voted with the Rehnquist bloc in the Bakke affirmative action case. He completely switched positions as he grew older. Bu give Stevens credit: he recognizes a simple truth: if you want to change the constitution, amend it.

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  2. RUMP ignoring Judge Cueto's report shows the level of prejudice, bias and resentment toward Hispanics in the legal community. Why are you ignoring the report and avoiding posting the report. Is your buddies were found to be liars, who made up an convincing pack of lies and their web of lies is now disclosed? Why not post Judge Cueto's report like you did Tunis' report in the related cases. Allow the community to read the truth and how Tunis' report is packed with lies by your buddies. You posted Tunis' report without delay or hesitation, but now you avoid posting Judge Cueto's report, a well written report supported by evidence and legal references, not deceitful testimony. Judge Cueto's report shows how your buddies lied and deceived various courts and judges. Then you wonder why we need to un-elect so many Anglo judges who while professing respect for Hispanics harbor significant prejudice, bias and resentment toward Hispanic.

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  3. Send me the report as a PDF I'll post it no worries.
    Howardroark21@gmail.com

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  4. BTW why is this a racial issue?

    a few other questions-
    First why is the entire community's ability to read the report dependent upon me? Isn't the report available?

    Second- please tell me you're not a lawyer because I cannot believe members of the bar write this:
    Is your buddies were found to be liars, who made up an convincing pack of lies and their web of lies is now disclosed?

    I do not have the hours needed to try and fix that sentence.

    Third- if I am covering this up, why do I keep posting your comments? What does this mean to you?

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  5. If you are serious about posting Judge Cueto's Report it is here:

    https://efactssc-public.flcourts.org/casedocuments/2017/36/2017-36_miscdoc_354512_f01.pdf

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