Gavel Grab

4/9/08: What is in the Blogs?

What Will Happen To Detainees If Guantanamo Is Closed? – ACS Blog
Jeffery Toobin attempts to answer this question.

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Court Stripping

Numerous Federal efforts to remove jurisdiction from the courts pertaining to matters such as the Pledge of Allegiance or the phrase “under God” have been introduced in recent years. Similar attempts to remove or alter the jurisdiction of the state courts have also been considered, some echoing or outright copying their Congressional counterparts. What follows are just some of the bills introduced in the last two years.

Arizona’s SCR 1026 of 2007 would have removed jurisdiction over cases where a government employee issued an “acknowledgment of God as the sovereign source of law, liberty or government.” The author told local media that “[W]e’re supposed to have religion in everything — the opportunity to have religion in everything. I want religion in government, I want my government to have a faith-based perspective.” The bill was withdrawn shortly after being introduced.
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Bah Humbug! December’s Courthouse Scrooges

Can you guess who crossed the Constitution’s checks and balances off their gift list this year? Click below to find out who are this season’s Scroogiest court-bashers.
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1) “…We are living in an America that has suffered from 47 years of a judicial war against American freedom of religion.”
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2) “this [Presidential] election should be about and must be about our “Two Supreme Courts” — one that puts America and Americans first, and the other that doesn’t. Because in our ongoing War on Terror, the latter Supreme Court could be our most dangerous enemy, not to mention the most powerful friend the terrorists have.”
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3) “The Ninth Circuit is notoriously hostile to religion, so it may give us another anti-Pledge decision. Atheism has spread in influence to where it controls many federal courts, many public schools, and now even Hollywood, with the atheistic movie “The Golden Compass” promoted for Christmastime entertainment….The results in these cases point the way for Congress to save the Pledge of Allegiance: withdraw jurisdiction from the Courts over acknowledgment-of-God cases such as by passing the We the People Act”
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And just in time for your Christmas shopping…

4) Help! Mom! The Ninth Circuit Nabbed the Nativity
The Christmas installment of the popular “HELP! MOM!” series pokes fun at liberal Scrooges who spoil everyone’s Christmas fun.

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The Schiavo Primary

Two and a half years ago, with Terri Schiavo’s end-of-life struggle playing out on national television, Congress passed a law transferring it from state to federal court. They gave her parents special authority to bring a lawsuit, and ordered federal judges to ignore previous state decisions. It was political court-tampering of the first rank. Americans across the political spectrum were appalled. Inside-the-Beltway backpedaling ensued.

The backlash hasn’t been lost on the major presidential candidates:

  • “The decision of Congress to get involved was a mistake,” said Mitt Romney. “I think it’s probably best to leave these kinds of matters in the hands of the courts.”
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