Category Archive 'Due Process'

15 May 2020

ACLU Sues Betty DeVos Opposing Due Process Reforms in Student Sexual Harassment Cases

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When American Civil Liberties are at stake, you will find the American Civil Liberties Union fighting against them these days on behalf of Leftist Grievance Culture. NBC News:

The rules championed by DeVos effectively bolster the rights of due process for those accused of sexual assault and harassment, allowing for live hearings and cross-examinations. It’s what agency officials say was lacking during the Obama administration to protect all students under Title IX, a 1972 law that prohibits gender discrimination, including sexual assault, at schools.

“This new federal effort to weaken Title IX makes it more difficult for victims of sexual harassment or sexual assault to continue their educations and needlessly comes amid a global pandemic,” according to the suit, which was filed in U.S. District Court in Maryland by the American Civil Liberties Union and the New York-based law firm Stroock & Stroock & Lavan LLP.

The suit names DeVos, the Education Department and Kenneth Marcus, the agency’s assistant secretary for civil rights. The department didn’t immediately respond to a request for comment.

RTWT

23 Nov 2014

SNL Mocks Obama’s Executive Order

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25 Jun 2010

“Judas Must Have Been a Republican”

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Deborah B. Sloan, at American Thinker, describes the failure of the Republican congressional leadership to rise to the challenge of educating the public and confronting the left, and their choice of cowardice and conformity to the politics of the left instead.

“I’m ashamed of what happened in the White House yesterday,” Congressman Barton said. “I think it is a tragedy of the first proportion that a private corporation can be subjected to what I would characterize as a shakedown — in this case, a $20 billion shakedown. … I do not want to live in a country where any time a citizen or a corporation does something that is legitimately wrong is subject to some sort of political pressure that is — again, in my words, amounts to a shakedown.”

Amen, Congressman Barton. It is horrifying to witness the constant statist attack on property rights and the rule of law while being essentially powerless to stop it. What a relief it was to hear someone who does have a modicum of power speak out against this assault on our nation.

Of course, the usual suspects on the left — most notably Joe Biden — leaped onto their soap boxes and screamed bloody murder in reaction to Congressman Barton’s statements; they regurgitated worn-out clichés about Republicans being “in the pockets of Big Oil.”

This sort of tantrum always erupts when someone takes a principled stand against the left. It was an opportunity for the Republican leadership’s response to second Mr. Barton’s concern for the enormously important principles involved, to advocate reimbursement via the constitutionally supported mechanism of due process for people who were harmed by the oil leak, and to firmly tell the Obama regime that they will not be receiving any apologies — that it is they who owe apologies to the American people for the fraud, corruption, theft, and full-blown terror they have subjected us to since January 2009.

Instead, the House Republican leadership denounced the stand taken by Mr. Barton and demanded that he apologize. This type of spinelessness on the part of the Republicans has contributed significantly to the erosion of freedom in America over the past century. Ayn Rand observed that

    [t]he uncontested absurdities of today are the accepted slogans of tomorrow. They come to be accepted by degrees, by dint of constant pressure on one side and constant retreat on the other — until one day when they are suddenly declared to be the country’s official ideology.

With the exception of the fight against ObamaCare, the current Republican leadership have demonstrated that they are unwilling to stand up to the left. The solution to this is not a third party. Instead, the Republican establishment must be phased out and replaced with a new school of leaders who will proudly fight for freedom and capitalism with the same endurance and unapologetic fervor that the left has exhibited for collectivism and tyrannical big government.

13 Jan 2009

Heller Makes a Big Difference

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Eugene Volokh discusses U.S. v. Arzberger a case in which a defendant charged with possession of child pornography when released on bail would previously have automatically lost his right to possess firearms simply by virtue of being accused of a federal crime.

The federal magistrate found that, D.C. v. Heller having recognized the existence of a Constitutionally-protected individual right, Due Process comes into play, and it becomes necessary for the Government to establish the existence of a public danger of such a defendant engaging in violent actions using firearms before his Right to Keep and Bear Arms may be infringed.

The US Constitution has begun returning from exile.


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