Tuesday, July 27, 2010

Twitterati to Arizona Injustice - Blogging By Numbers

I was going to open the week's blogging by numbers by mentioning that TSH is now on Twitter. As most of you know, CNN's resident "bald headed profit of doom" did the heavy lifting for me, making sure half the world knew before the paint had time to dry on my Twitter page. On Tuesday, CNN'S Chief Business Correspondent loaded up his trebuchet of rage and devoted an entire hour to lobbing a litany of agitated tweets at yours truly.

I remember a great article by Jonah Goldberg in which he recounts being called "an idiot" by George Will during a lecture at Groucher College. Regrettably, being called "idiotic" and a "neo-con" by a buffoon with a liberal pedigree that dates back to his days as a left wing activist at Queen's will probably not bring on a case of the warm and fuzzies 20 years later.

Well, at least he's a snappy dresser - Let the blogging by numbers begin!!!

1 - The Administration's decision to drag Arizona's new immigration law before the courts was problematic on several fronts. At it's core, S.B. 1070 simply re-asserts the authority of law enforcement officials to ask citizens to provide proof of their immigration status during the course of conducting their duties, such as traffic stops or investigating criminal complaints if there's a reasonable suspicion they're in the U.S. illegally.

Note "re-asserts". Most people forget that it's been a Federal law since 1940 that ALL citizens are required to carry proof of citizenship. Over at NRO, Mark Levin joins a growing list of legal scholars gob-smacked by Judge Bolton's Decision;

"This is a typical example of a judge stating the correct legal standard, but then ignoring it and applying the test in a fashion completely divorced from the facts of the case in order to reach a predetermined decision.

First, the court states correctly that the sort of constitutional challenge brought here — a facial challenge — is the most difficult challenge to mount successfully. It requires that the plaintiff (here the federal government) must demonstrate that the law can never be applied in a constitutional fashion. The test cannot be met with hypothetical arguments — yet that is exactly what the court relies on in its ruling: the assertion that the AZ law will impose an impermissible burden on law enforcement, which is to determine the legal status of a person detained pursuant to the AZ law on the reasonable suspicion that the person is in the country illegally. The court does not provide any empirical basis to support its conclusion. It’s pure supposition."

This was sloppy jurisprudence and this matter is far from over. While the administration and their msm counterparts celebrate this short term victory, they should remember this will have ramifications that go beyond the Democratic wipe-out sure to occur this November. Americans have had Obamacare and financial reform rammed down their throats, and now the President has thumbed his nose in the eye of a State's right to enforce existing Federal laws. President Obama will soon join the list of one term Presidents. Let's just hope a new Republican Congress can help mitigate the damage in the interim.

2 - I know it's summer but before you slap on the sandals, make sure your toenails don't look like the Lamisil Monsters are about to jump out of your feet.

3 - Adam Liptak has written another one of those irritating New Time's Articles (are there any other kind?) that comes right out of the media's David Gergen-style, "Gee I'm so clever" school of punditry. The article tries to make the tenuous case that the Supreme Court under Justice Roberts is the most conservative in history. Seriously?

Mr. Liptak takes a widely discredited political science study that crudely separates Supreme Court cases and litigants into highly subjective categories then, using a magic formula plops them into a "liberal" or "conservative" bucket and assigns them a score. Even the author acknowledges how flawed the study is admitting it probably throws off the results of a few cases, but trudges full speed ahead anyway.

The study casually skips over the numerous cases where this clever equation doesn't apply. For example, the casually dubbed "conservative" justices almost always side with criminal defendants in cases where the constitutional protection of these defendants is in question.

Is Justice Kennedy more conservative than Powell? Powell voted to uphold Georgia's laws prohibiting sodomy and oral sex. Kennedy reversed that decision. Dozens of law scholars have been inundating the web with numerous examples that sweep away Liptak's knee jerk conclusions.

I wish this study had been correct. Some day Americans would be well served if they could call the SCOTUS a "Roberts' Court."

4 - Last month Muhammad and Waqas Parvez were convicted of the murder of Asqa Parvez and sentenced to life in prison. She was the victim of a violent death springing from a medieval and barbaric practice that takes the lives of over 5000 woman each year. This crime did not occur in the brutal theocratic dictatorship of Iran where adulterous women are stoned to death, minors are executed for the most fleeting of infractions, and religious and ethnic minorities are murdered and jailed without trial. This did not happen in the tribal regions of Pakistan where ad hoq Sharia law is still practiced and tolerated by local authorities. This happened in a quiet suburb of Mississauga, Ontario. She is estimated to be the 12th young woman to be the victim of an honor killing in Canada in less than a decade.

Dr. Amin Muhammad, a professor of psychiatry at Memorial University of Newfoundland who specializes in honor killings and cultural psychology predicts that; "...the cases are increasing, and very soon we'll have a problem in Canada."

The media barely devoted a day to the short life of Asqa Parvez - rest in peace.

5 - Have a good week and a warm welcome to all of our new readers. You can get updates from TSH by becoming a member of our fan club on Facebook.

6 - Take care!




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