ChrisWeigant.com

Archive of Articles in the "The Supreme Court" Category

Cocaine Sentencing Injustice Slightly Lessened

[ Posted Thursday, July 29th, 2010 – 00:34 UTC ]

Crack cocaine, it is widely known, causes irrational behavior. I speak not of irrational behavior among the drug's users, but rather among politicians. It has done so ever since crack appeared on the scene in America during the 1980s. Today it was announced that Congress has approved a bill (which will now head for President Obama's desk) which will scale back the worst of the irrational legislation which passed in the Reagan era. Somewhat. In true incrementalist fashion, Democrats have now made things slightly less unfair, but fell far short of actual fairness. It's as if, right after the Civil War, Congress announced that black people would now count as four-fifths of a person, instead of the previous three-fifths -- in other words, a step towards equality, but not exactly the giant leap of the Thirteenth and Fourteenth Amendments. Which makes it rather hard to praise such an effort, even though it does represent (some) progress.

Read Complete Article »

What Is Jerry Brown Smoking?

[ Posted Thursday, July 8th, 2010 – 16:46 UTC ]

I have to apologize right away for that headline. But it is hard to resist the urge to use the "what have you been smoking?" joke when discussing California Attorney General Jerry Brown's recent comments on marijuana, since Brown is talking such patent nonsense.

Read Complete Article »

Obama Poll Watch -- June, 2010

[ Posted Wednesday, July 7th, 2010 – 15:29 UTC ]

Obama, after gaining a bit in his average approval ratings in May, slipped back in June. But the reversal was slight, continuing a five-month streak of amazingly stable numbers. Since February, Obama's approval rating has stayed within one half of one percentage point, which is pretty remarkable. Unfortunately, this trend may be at an end, and his numbers may be headed even further downwards in July.

Read Complete Article »

Supreme Court Helps Out Kagan

[ Posted Monday, June 28th, 2010 – 17:50 UTC ]

A Supreme Court ruling just out may serve to blunt Republican criticism of Elena Kagan, who started her confirmation hearings today in the Senate. So far, Republicans haven't come up with much of any substance to attack Kagan on (although I admit, I haven't watched any of today's confirmation hearings yet), but they all pretty much agree upon one issue -- the fact that Kagan, as dean of the Harvard law school, upheld a school policy of barring military recruiters from campus due to the fact that the military discriminates against gays. But the ruling in Christian Legal Society v. Martinez seems to give the high court's imprimatur to universities not allowing groups that practice such discrimination on campus -- which Kagan can now point to in defense of her position.

Read Complete Article »

We're All Terrorist Supporters

[ Posted Wednesday, June 23rd, 2010 – 17:13 UTC ]

The Supreme Court recently ruled that the post-9/11 laws against "materially supporting" terrorist groups should be very broadly interpreted. Even counseling any group on the official list of terrorist organizations about peaceful topics is now to be considered "supporting terrorism." Which leads me to wonder what they'd say about actually paying a terrorist organization tens of millions of dollars.

Read Complete Article »

Friday Talking Points [125] -- Ask! Tell!

[ Posted Friday, May 28th, 2010 – 16:11 UTC ]

Our headline today quite obviously references the legislative progress this week on banning the military's "Don't Ask, Don't Tell" policy (of not allowing gay people to openly serve their country)... but we've got another asking-and-telling issue which we simply must deal with first, before we get to any of that.

Read Complete Article »

Straight-Up, No-Chaser Libertarianism

[ Posted Thursday, May 20th, 2010 – 16:30 UTC ]

Rand Paul, who just clinched the Republican Party nomination for the Senate race in Kentucky, is apparently not quite ready for primetime. His recent remarks on the Civil Rights Act painfully show why being a politician is not as easy as some people think. The problem for Paul, son of Ron Paul, is that even if he somehow survives this flap, it is almost guaranteed that there are going to be plenty more of them during the campaign. Because both Pauls, father and son, are (at heart) libertarians. Which requires some explanation, because many folks have never come into contact with the concept of libertarianism.

Read Complete Article »

Religion, Bigotry, And Political Hypocrisy

[ Posted Monday, May 17th, 2010 – 18:18 UTC ]

Pat Buchanan, in his usual less-than-charming manner, brought up a point last week about the religious diversity (or lack thereof) of the Supreme Court. Buchanan pointed out that, if Elena Kagan is confirmed to the highest court (as seems likely), there will be only two religions represented on the court -- Judaism and Catholicism. He further points out that the court will be one-third Jewish, when Jews account for only two percent of the American population. Now, aside from the highly amusing spectacle of right-wingers advocating some sort of quota system, I think there's a deeper point here than Buchanan's "pity the unrepresented Protestant majority" theme. Because, even though virtually no politician would ever admit it, there is indeed a widespread (but unacknowledged) religious bigotry in America.

Read Complete Article »

Friday Talking Points [123] -- A Working Senate

[ Posted Friday, May 14th, 2010 – 17:59 UTC ]

Now, you can take this as a joke in one of two ways. The first, of course, pokes fun at the fact that the Senate takes an absolutely gargantuan amount of vacation time every year, when they are instead supposed to be doing "The People's Business." The second, of course, refers to the fact that the Senate is somewhat of a broken mechanism these days, notorious for not getting much done, ever, on anything. Compare, for instance, the amount of bills the House passes to the glacial pace of "work" in the Senate, of late.

Read Complete Article »

Democratic Primary Overview

[ Posted Monday, May 10th, 2010 – 18:43 UTC ]

While the Tea Party folks have gotten a lot of attention from the media in the Republican primaries so far, there are a few Democratic primary races which may have just as interesting an impact on the Democrats as the Tea Party challenges are having for Republicans. And since last week I took a look at the effect of the Tea Partiers in Republican races, today I thought it would be worth paying some attention to the Democratic side of the aisle. Because the anti-incumbent "throw the bums out" feeling seems to be happening to some degree in both parties this year. What it all means for the general election remains to be seen, of course. For now, let's take a look at a handful of these upcoming primary races.

Read Complete Article »