Brad DeLong's Semi-Daily Journal: A Weblog

I thought your SOTUS was the top of the legal system, I think that the Holy Ghost at a bare minimum could come along and overturn their decisions,
PS Do the evangelicals believe in the HG, it was thought up by those pesky europeans.

Speaking of "judicial principles" and the Federalist Society. Forget reproductive rights, church/state, capital punishment and ALL the rest of that politically 'wedgy' stuff. "Strict constructionism" and checks and balances and seperation of powers too. It's ALL about money, honey...

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The Federalist Society: The Conservative Cabal That's Transforming American Law

By Jerry Landay

March 2000

"...They are also active in shaping the law.

Perhaps the network¹s most far-reaching victory in recent years was a 1999 decision by a Federal appellate panel of DC Circuit judges in a case called American Trucking v. EPA , which stunned clean-air advocates by rolling back EPA standards covering smog and soot. The decision was based on the principle of "non-delegation," a rigid and archaic reading of the Constitution, which holds that Congress retains all legislative authority, but not the power to delegate regulatory power to executive agencies. C. Boyden Gray, a member of the Federalist Society¹s Board of Trustees, filed a friend-of-the-court brief in American Trucking. Gray was also good enough to share his insights on non-delegation with the Federalist convention in November when he moderated a panel discussion entitled: "The Non-Delegation Doctrine Lives!"

One extraordinary thing about the American Trucking decision was just how well it served private industry at the expense of the public interest. A commentator writing in a Federalist Society newsletter crowed that American Trucking will save industry "in the neighborhood of $45 billion per year." Perhaps that is true--and perhaps industry would save even more money if the courts decide to eliminate, for example, the Food and Drug Administration¹s jurisdiction over food and drugs. But the social costs would be enormous....

http://www.washingtonmonthly.com/features/2000/0003.landay.html

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Can we now drop the wholw "Scalia is an originalist" argument and call him what he is, a monarchist?

Bush v. Gore was political, but to be kind to the majority, the court is not always political in the way people interpret them.

The majority in Bush might have excused their poor reasoning with the knowledge that 1. the election was basically a tie, 2. the unstability of not having a winner, and 3. any other decision would bring up a number of serious issues that the Supreme Court would not be capable of applying available standards to resolve (say, the recount cannot be finished before the electors meet).

The court knows that the decisions they make are not just favors to be handed out to a (conservative) political party, but they are trying to make lasting conservative principals placed in their case law.

Actually, isn't Scalia Buttiglione's cousin?

I don't see what the big deal is. If the president doesn't like the court's ruling, he can just set it aside, that being inherint in his powers and all.

Kuas: righto, but it *looks* so much better if the courts just shut the hell up and let the president get on with it.

This administration is going to give judges a lot of opportunities to demonstrate the value of lifetime tenure. Let them look to Coke.

"Just because Scalia, Rehnquist, and company ruled in favor of Bush in 2000 doesn't mean that Bush and company respect them for it."

"Just because you're on their side..."

"... the girl friend of the one with the most cigarettes."

A sour address by a sour Attorney General. Strict Constitutionalism does not mean rewriting the Constitution. There is supposed to be Separation of Powers. The President does not now, or has he ever been allowed, the right and power to overturn the Court. lgl

Strict constitutionalism is what separates honest people who might be "conservatives" from the ones who just want power. In this administration, honesty has been in short supply. No one can expect these people to adhere to constitutional ideas and practices. It's on the record--

CNN ( http://www.cnn.com/2004/ALLPOLITICS/11/12/ashcroft.judges/index.html ) describes him as getting "a long and roaring standing ovation by the lawyers of the Federalist Society" on his arrival at the podium. (It doesn't, however, describe their reaction to the speech itself, and it also says that he did not specify any particular judicial decisions and was apparently aiming at Judge Robertson's recent decision.) At any rate, we have further confirmation that this crew will bear watching (in every sense of the word) over the next four years.

I for one am tired of giving up civil liberties to their Chicken Little act.

"Perhaps that is true--and perhaps industry would save even more money if the courts decide to eliminate, for example, the Food and Drug Administration¹s jurisdiction over food and drugs."

Sounds good to me. If Congress and the state legislatures think the Food and Drug Administration is necessary, they can pass a Consitutional amendment to authorize it.

Imagine that! Congress actually following The Law!

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The wine urges me on, the bewitching wine, which sets even a wise man to singing and to laughing gently and rouses him up to dance and brings forth words wh

You ar the the one I love honey where are you now just come back we will live very happily

8763 Very well said chappy.