Category Archives: Courts

ALG praises Senate confirmation of Justice Neil Gorsuch

April 7, 2017, Fairfax, Va.--Americans for Limited Government President Rick Manning today issued the following statement praising the Senate for confirming soon-to-be-sworn-in Justice Neil Gorsuch to the Supreme Court: "This confirmation is a huge victory for President Donald Trump, who kept his promise by appointing a constitutionalist to the bench. Thanks to the steadfast leadership and determination Senate Majority Leader Mitch McConnell, the balance of power on the Supreme Court has been preserved with the confirmation of Justice Neil Gorsuch, who promises to uphold the text of the Constitution and the rule of law. This proves when the Senate majority is determined to act, they can pull together to respect the will of the people. It is our hope that newly minted Justice Gorsuch lives up to the intellectual legacy of Antonin Scalia who put the rule of law ahead of personal preference." To Read more

Bad Boy Delaware is being Sued by 23 States in 3 law suits: Taxpayers could be on the hook for 400 Million Dollars

Reuters is reporting that 21 States led by Texas and Arkansas are suing Delaware for allegedly stealing their citizen's money. The 150 million dollar suit joins Pennsylvania and Wisconsin who already filed separate suits. Delaware hired contractors to take a more aggressive collection of Escheat funds (unclaimed funds like dormant checking and savings accounts, uncashed money orders, cashiers checks, Unclaimed insurance benefits, Mineral royalty payments, Safe depository contents, Unused gift certificates.dividends, stocks, bonds, utility deposits or refunds). They didn't hire them to find the people of course, but to push companies to turning them over to the state. The state then spends the money that is unclaimed after it publishes names on the web. It has been a boon to state revenue. Revenue has jumped to a half a billion dollars a year surpassing corporate taxes as our third Read more

Guest Opinion by Judson Bennett on recent Elting v. Shawe

Are American Freedoms being compromised by an omnipotent judicial system? Do arrogant judges set legal precedent that affect the American dream? Chief Chancellor Excuses Potential Fraud and Could Force a Sale of a Viable Multi-million Dollar Company? Delaware's rookie Chief Chancellor, Andre Bouchard, is casting a dark shadow over his 2-year run as the Chief Chancery Court Judge. This was evident in one of his most recent decisions where he ignored overwhelming evidence and a pattern of behavior that I wonder could border on the illegitimate? Instead, he chose to rule in favor of a single party (Elizabeth Elting) who happened to be represented by his buddy Kevin Shannon. This culminated in a decision that has the potential to ruin a company and destroy the jobs and careers of 4,000 hardworking employees worldwide, 2,300 of them in the United States, nearly 1,000 in the northeast, Read more

USG Offers Redress for NO-Fly Listees

By: Wolf von Baumgart, Staff Writer No longer will persons on the infamous DHS/TSA NO-Fly List be legally left "hanging in the air". The US Government, in response to legal challenges, has revised its redress procedures for persons placed on Department of Homeland Security's NO-Fly List, according to an article in FAS Roundup. The US Department of Justice announced in an April 13,2015 court filing that persons placed on the NO-Fly List will have new opportunities to challenge the denial of boarding on commercial aircraft. Before the ruling, the government steadfastly refused to confirm or deny that persons were placed on the list for reasons of national security. Challengers argued that the procedures were constitutionally deficient or otherwise improper. The entire article by Steven Aftergood can be read here: http://fas.org/blogs/secrecy/2015/04/no-fly-redress/ Read more

Identity Justice

The killing of an unarmed Michael Brown, who was black, in one-sided shoot out with a police officer who was white in Ferguson, Missouri set off a national firestorm. At the epicenter were protests by many and even riots by a criminal subset , then came the rest of the story. It appeared the unarmed man attacked an armed Policeman in his own squad car. He attempted to take his weapon, injuring the officer. When he came back toward the officer, the officer naturally would not allow him another attempt. He shot and killed him. That is one incredible turn of events. Not so said some witnesses. The gentle giant was gunned down for failing to walk on the sidewalk. Others seem to give a different tale. Who is right? I am not sure anyone knows outside of those who have the secret grand jury evidence and testimony. I cannot make a judgment or take sides without the information needed Read more

Time for Grand Jury Reform

They lost their minds in Austin. They indicted Governor Perry for exercising his legal and constitutional authority in an open and transparent fashion. They claimed he abused his power. Now that is not a criminal issue, that is a political issue taken care of by legislative overrides, court injunctions, elections, or in extreme cases impeachment. When you start to criminalize the political system, you become either third world or Italy. The people who did this need to be indicted for a misuse of the criminal justice system and false charges, better yet Perry should call a special session and the prosecutor should be put on impeachment charges. Perry had no personal benefit and was acting in what he believed was the public interest of not having a drunk who allegedly resisted arrest as head of a prosecutorial unit. I personally think arrest is not a conviction and people should have their Read more

Hobby Lobby Ruling a Boost for Liberty

The High Court ruled that the Affordable Care Act can't make people who own Corporations choose between their business and their beliefs. Freedom is still alive, even by one vote. The Supreme Court recognized the diversity of this country. Forcing people to pay for what they sincerely believe is the termination of innocent human life is incompatible with the heritage of diversity. Even when we had a draft, we exempted people from combat that was even when national survival was at stake. This ruling preserves people's right to choose on both sides. You have right to Ella and Plan B, but I have a right not to pay for it. America has always respected the right of people to practice their faith in their business, churches, family, and government. The Constitution bans religious tests. It prohibits laws that inhibit the free exercise of religion. It forbids setting up a state sponsored Read more

The Words Right and Correct Are Politically Incorrect says Delaware High Court

In an unprecedented ruling overturning the conviction of 2nd degree murder, the Delaware Supreme Court ruled the verdict had to be overturned because the prosecuter said the state's witnesses testimony was right and correct.  The jury may have been swayed by the prosecuter vouching for the testimony.  I suspect that one day, moral and immoral will be added to the banned list along with reading from the Bible and right and correct. Really?  If the prosecuter did not believe the testimony, than the case should not have been brought.  Do our elite judges really think the public serving on juries are that week minded?  Next ruling may be child molester freed because Delaware Supreme Court believed that the AG's office used Jedi mind tricks. Read more

Where In Law or the Constitution is This?

How does a judge think that he can make himself the FDA? Just because he likes the morning after pill, he thinks he can make it available to children without a doctor's or nurse practitioner's oversight. The FDA is an imperfect but scientific organization which bases its decisions mostly on the science and also takes into account cultural, economic, and political factors that impact the functioning of that science in the real world. I personally hated that they made the so called emergency contraceptive available, but the problem is with the Congress that did not set as policy the personhood of the unborn.  By the science, it is relatively safe for adult women over 16 to take.  It is not the job of the FDA to make law.  It made a reasonable decision to make it available. I never questioned the FDA on that because I trust them to make decisions based upon the science. The same FDA was Read more

Breaking: Major Provisions of the Arizona Immigration Law Placed on Hold

The Clinton appointed judge did not rule on the provisions, but gave an injunction which suspended the controversial provisions of the law while hearings take place. An appeal of the injunction is also likely. A preliminary injunction is given, as I understand it, when there is a substantial likelihood of the petitioner prevailing and you can't undo  the effect the action in question.  One of our attorney readers  can explain it easier I am sure.  Reading summaries of Judge Bolton's ruling she thinks the Feds have a case, but her reasoning is amazingly shallow and flawed.  She said the Arizona law could encouragea patchwork of  immigration laws and policy which could impact on our international relations which is a federal prerogative.  She ignores that the Arizona law is the federal law.  It just enforces what the feds say is their policy.  The ruling by U.S. District Judge Susan Read more

A Case for Restoring an Original Understanding of the First amendment

America is slipping into a religious apartheid. Jefferson's wall of separation between church and state has quietly morphed into a separation of church and state, then into a separation of Christianity from public policy and education. It is contrary to the founder's vision. The founders wanted to protect American religious expression in the public square not stifle it. They wanted everyone to have the same right to express their faith not be banned from expressing it. The First Amendment is being turned on its head. Language that was never in it is being twisted into something more appropriate to Article 70 of the Soviet Constitution. The Lemon Test demands a secular purpose for religious activities. The Engel v. Vitale & Murray v. Curlett cases of course took most prayer and Bible reading out of the schools. McCreary v. ACLU of Kentucky was a crazy case banning the Ten Commandments Read more

Shocker Kagan is a Liberal

In the papers that have been released from the Clinton Library, we find that Elena Kagan is a liberal. That is not a surprise, but at least she does not seem to be a radical. It looks like there are few speed bumps to her confirmation. The news is not all bad for conservatives. She does have independent thought and an open mind on religious freedom. In one case likely to be cited by her allies as evidence that she's no liberal, Kagan criticized a California court for rejecting a landlady's claim that a state anti-discrimination law violated her religious freedom. In a 1996 memo, Kagan suggested that her appeal should be taken by the Supreme Court and that the justices should side with the landlady, who refused to rent to unmarried couples based on her belief that sex outside of marriage was wrong. Kagan criticized as "quite outrageous" a finding by the California Supreme Read more

Comment Rescue–Justice Steele on Jensen with sub Nixon

Tyler Nixon I am bringing Chief Justice Myron Steele onto the Rick Jensen show today from 1-3 on 1150 AM WDEL. We will be discussing numerous topics, but mainly will try to take listener calls/questions. So if you have a burning question to ask Delaware’s top jurist, please join in. WDEL : 302-478-9335 Thanks for the interruption. Note from me: I normally do not do guest spots on the front page, but this is rare enough to be big.   Thanks for the information, Tyler.  You thread hijacker.

Christian Hudson files an ethics complaint against Insurance Commissioner Stewart

UPDATE: Comments now allowed. The Delaware Public Integrity Commissionhas recently been a stop of Christian Hudson, a Lewes businessman and member of the Sussex County Campaign for Libertychapter. Mr. Hudson has filed a complaint claiming Insurance Commissioner Karen Weldin Stewart of numerous violations of Delaware state law. Part of his decision to do so was pushed by the newly formed Caesar Rodney Institute and their report "Delaware Dept. of Insurance: Not in the Public Interest".  Delaware Liberal, a state blog, has also kept a close eye on Karen Weldin Stewart and her alleged misuse of Delaware's funding. So what has been found out? Why are so many people constantly crying foul at Karen Weldin Stewart? The accusations against the Insurance Commission continue to stack higher and higher, but a few of them may be read now. A few notable contributors to Stewart's 2008 election Read more

I Am Shocked–Is Miranda on Its Deathbed

AG Eric Holder wants legislation to give him more latitude in issuing Miranda warnings for International Terrorism. Will then nearly 50 year battle to reign in the Miranda ruling launched by Senator Strom Thurmond be won by the Obama Justice Department?   Wouldn’t an easier solution be to let intelligence officials do their questioning then give Justice and law enforcement their chance.   Holder has been in a rush to Mirandize in this case just like the others.  The sheer weight of the intel from the mere three hours allowed intelligence officials has shaken the biggest skeptic of treating this like a war.  He still isn’t there, but at least he is finally awaken.   The last three attacks failed by grace, we need to take our security seriously.   Jon Stewart said it well, what are we going to do when someone other than the Keystone Cops attack us?

Opps, I forgot where I put them

For Immediate Release Contact: Robert Romano April 6th, 2010 Phone: (703) 383-0880 Statement by ALG President Bill Wilson on Goodwin Liu Nomination April 6th, 2010, Fairfax, VA—Americans for Limited Government President Bill Wilson today issued the following statement regarding the failure by Obama nominee to the 9th Circuit Court of Appeals Goodwin Liu to provide 117 items asked for by the Senate Judiciary Committee, including speeches, publications, and other background materials: "Goodwin Liu's lack of candor in filling out his application for employment as a Member of the 9th Circuit Court of Appeals would disqualify him from consideration by any Human Resources office in America, and it should sink his confirmation to the federal court. This wanton disregard for the Constitutional process of Senate confirmation only confirms Professor Liu's own writings that show he believes Read more

Will Maryland Finally Get on the Side of the Crime Victim

The Maryland Senate passed Senate Bill 411, which is a 411 to criminals that says, for your information, Maryland will no longer allow you to use the civil law suit to persecute people who defend themselves against you. The bill allows anyone attacked in their home to stand their ground and use force to do so without concern of civil liability. This aligns the civil law up with the criminal law’s Castle doctrine. For the sake of your family, your friends, and yourself, call your Delegate and get them to pass Senate Bill 411. Are you fine folks in Delaware watching?

A Right to Other People’s Money

Madison would roll over in his grave if he saw President Obama nominate a judge who believes in a Constitutional right to welfare. Goodwin H. Liu was nominated on Feb. 24 for the 9th U.S. Circus Court of Appeals. From the Wahington Times Now, let's move beyond theory. For what practical purpose was Mr. Liu laying out his complicated and risky scheme of judging? Here's where things get even worse. As repeated many times in his essay, Mr. Liu's goal was to create a judicially enforceable, constitutional right to welfare. He hastened to add that such a revolution would only be pushed in an "evolutionary" way - not immediately - by "cue[ing] the policymaking process toward greater deliberation and rationality." This is a dangerous mentality to future of the nation. Why? While it is a matter of debate, it has been settled public policy that we have a right to give charity through our Read more

CRIMINAL THUG ACORN AT IT AGAIN

This time In San Diego California, the Criminal thugs of ACORN demonstrate just how not to cooperate with a criminal investigation.  The response of the San Diego Office of ACORN to a pending visit by Officials of the State Attorney General's Office was to toss and dump all documents in the hopes of non discovery. The willful destruction of records necessary for criminal investigations is in and of  itself a crime.  Some of ACORN'S handiwork.     In addition to tossing documents neccessary to expose the illegal nature of ACORN'S activities, the ACORN activists and community organizers also threw out confidential loan and tax documents leaving clients exposed to possible identity theft and fraud.  Nice guys these ACORN folks.  The exposure of these clients is also in violation of Federal Statutes.  Don't expect any help from our Nation's Department of Justice.  Read more

Safe path

Out of the choices available, the Governor has taken the safe path by nominating J. Travis Laster, a Wilmington attorney, to serve as Vice Chancellor on Delaware’s Court of Chancery. The Governor had to choose a Republican by law. The nominating commission gave him a chance to choose a sitting judge with a proven record, and he Richard Forsten, who serves as counsel to the Delaware Republican Party. Does the choice signal the direction of future nominees to the courts?