Category Archive 'Certiori'

29 Jun 2021

How Useless Is this Supreme Court?

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Republicans win the presidency again and again, and Republican presidents battle Senate democrats to get supposedly responsible and conservative nominees confirmed to seats on the nation’s highest court. And it does no good.

Some of those nominees, like Sandra Day O’Connor, David Souter, or Anthony Kennedy, turn out to be liberal Q-boats. Others, like John Roberts and apparently Brett Kavanaugh and Neil Gorsuch and Amy Coney Barrett, just seem to lack what it takes to hand down decisions the Left seriously doesn’t like.

It is remarkable that a supposedly 6-3 conservative majority court faced with what look like cut-and-dried issues of serious significance, obviously thought about what the establishment media and their liberal friends in Georgetown would have to say, and punted, allowing the Left to win by default.

Case 1: Transgender pride 1, Commonwealth of Virginia girls 0.

The Supreme Court is passing on a key case involving a transgender student, and the ACLU is celebrating the news as an “incredible victory.”

The Supreme Court on Monday declined to hear the case of Gavin Grimm, the transgender student who challenged a Virginia school board’s policy that restrooms are “limited to the corresponding biological genders,” NBC News reports. Lower courts sided with Grimm that this violated Title IX, the civil rights law against sex discrimination, and since the Supreme Court isn’t taking up the case, Grimm’s win stays in place.

Josh Block, an attorney for the American Civil Liberties Union, told NBC that this was “an incredible victory for Gavin and for transgender students around the country,” while Grimm said, “I am glad that my years-long fight to have my school see me for who I am is over. Being forced to use the nurse’s room, a private bathroom, and the girl’s room was humiliating for me, and having to go to out-of-the-way bathrooms severely interfered with my education.”


Case 2: “Let the People’s Republic of Taxachusetts Reach Across State Lines to Pick New Hampshire Pockets!

New Hampshire residents working remotely for companies in Massachusetts during the Covid-19 pandemic will still have to pay income tax as if they were commuting to work, after the Supreme Court turned away a challenge to Massachusetts’ rule.

The high court on Monday rejected New Hampshire’s complaint without comment. The justices have exclusive jurisdiction to hear disputes between states if they so choose and such complaints are filed directly with the court.

The dispute centers on a temporary emergency regulation adopted by Massachusetts last year that places a tax on “nonresident income received for services performed” outside of the state.

“For example, the entire salary of a New Hampshire resident who commuted to work full time in Boston in February but has not set foot in the commonwealth for more than eight months continues to be subject to the Massachusetts state income tax as if he were still working every day in Boston,” the complaint states. (Emphasis in original.)

New Hampshire sought a refund of those taxes for its roughly 80,000 residents working remotely for Massachusetts companies. It claims the rule infringes on its “sovereign right to control its own tax and economic policies.” New Hampshire is one of nine states that does not impose an income tax.

I guess the moral is that GOP presidents need to stop nominating justices from the ranks of the “really excellent sheep” top graduates of our most prestigious Ivy League law schools. Republican presidents should start looking for outsider, wild man justices who are serious about defending the Constitution and the culture and who have cojones.

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