Judiciary

Re: A Question that Senator Whitehouse Might Ask of Judge Sotomayor

By Carroll Andrew Morse | July 14, 2009 |

I think a Rhode Island Tea Party member needs to drop a copy of the United States Constitution off at the office of Senator Sheldon Whitehouse, because the Senator seems stunningly unfamiliar with its content. This is part of what Senator Whitehouse had to say during his opening remarks at Judge Sonia Sotomayor’s Supreme Court…

A Question that Senator Whitehouse Might Ask of Judge Sotomayor

By Carroll Andrew Morse | July 13, 2009 |

The United States Supreme Court has held, in various rulings, that the Fourteenth Amendment extends the Federal Constitution to state governments, prohibiting states from violating the limitations on government action expressed in the Bill of Rights. In June of 2008, in the case of District of Columbia v. Heller, the Supreme Court ruled that the…

Re: RI Supreme Court Undercuts Ethics Commission

By Justin Katz | June 30, 2009 |

Writes the RI Supreme Court majority in the case of William Irons and the Ethics Commission: “We wish to stress in the strongest possible terms, however, that it in no way grants a legislator the right to transgress the Code of Ethics or any other law,” the majority wrote. Unprotected actions include political activities, efforts…

Breaking: RI Supreme Court Undercuts Ethics Commission

By Marc Comtois | June 29, 2009 |

The Rhode Island Supreme Court has managed to take away one of the RI Ethics Commission’s big sticks: The Rhode Island Supreme Court has upheld a lower-court ruling on behalf of former Senate President William V. Irons, saying that state legislators cannot be prosecuted by the state Ethics Commission for their votes or official legislative…

The Daughter Is In

By Justin Katz | June 28, 2009 |

Kristin Rodgers, now confirmed to the Superior Court, has an admirable background suggestive of the possibility that, in a world of judicial activism, Anchor Rising readers should prefer her to most others. But still: In remarks to those gathered in the Senate chamber, Sen. John F. McBurney III, D-Pawtucket, whose father was a state senator,…

RI Supreme Court Places More Emphasis on Family than the Family Court

By Monique Chartier | June 20, 2009 |

In one case, anyway. The Rhode Island Supreme Court on Friday overturned rulings by the Family Court that had allowed a divorced woman and her two children to remain in Rhode Island for almost seven years despite an order from a North Carolina judge that they return to that state, where the children’s father lived.…

Shifting Laws, Corrupt Continuity

By Justin Katz | June 8, 2009 |

By now you should have read yesterday’s front-page advertisement for the Gaspee Tea Party rally in the Providence Journal. I’m referring to the article on big-money state pensions that Monique mentioned last night. Most of the article is a series of revelations that make one wish for something symbolic (but not harmful) to tip over…

How the Moderate Enables the Liberal

By Justin Katz | May 31, 2009 |

David Brooks’s recent column on judicial empathy is a wonderful example of the method by which moderates enable liberals. He begins with a strawman that in no way bears scrutiny: The American legal system is based on a useful falsehood. It’s based on the falsehood that this is a nation of laws, not men; that…

Now It’s “Indefinite” Judicial Empathy

By Justin Katz | May 28, 2009 |

If, like me, you’ve mainly viewed Sonia Sotomayor as a sort of Hispanic-hued less-undangerous-than-you’d-like nominee for Supreme Court, Ed Whelan might push you over the edge to full opposition: Sotomayor complains that “the public fails to appreciate the importance of indefiniteness in the law.” But beyond pointing out the uncontroversial fact that some indefiniteness is…

Empathy Up and Down, but Not All Around

By Justin Katz | May 27, 2009 |

A week or so ago, I put forward as an example of “judicial empathy” the case of Paul Kelly, whose house has been inhabited by somebody else for almost two years with the permission of RI Superior Court Judge Ojetta Rogeriee Thompson, but not of the homeowner. Thomas Sowell provides another example related to U.S.…