Thought For the Day
- Donald R. McClarey
Donald R. McClarey
Cradle Catholic. Active in the pro-life movement since 1973. Father of three, one in Heaven, and happily married for 43 years. Small town lawyer and amateur historian. Former president of the board of directors of the local crisis pregnancy center for a decade.
Not quite following, Don. Can you give it to us in plain English?
Be happy to. The decisions referred to held that Courts are to determine the issues raised by the parties and not dream up new causes on their own.
Authoring a unanimous Supreme Court opinion, Justice Ruth Bader Ginsburg tore into the Ninth Circuit Court of Appeals for “drastically” straying from judicial norms when hearing a case involving a California immigration consultant.
After Evelyn Sineneng-Smith had been convicted of violating a federal law related to encouraging illegal immigration, the Ninth Circuit reversed the decision, not based on arguments presented by Sineneng-Smith, but by third parties the court brought in to submit arguments that the panel of judges themselves had suggested.
“[T]he appeals panel departed so drastically from the principle of party presentation as to constitute an abuse of discretion,” Ginsburg wrote, later stating that “a court is not hidebound by the precise arguments of counsel, but the Ninth Circuit’s radical transformation of this case goes well beyond the pale.”
The Supreme Court sent the case back down the Ninth Circuit “for reconsideration … bearing a fair resemblance to the case shaped by the parties.”
https://www.foxnews.com/politics/ginsburg-eviscerates-9th-circuits-handling-of-immigration-consultants-case
Courts are not litigants but neutral finders of the law, and of the facts when a jury is not involved. Courts acting like litigants completely destroys the role judges are to play.
Not on point here, but I really want to read your take on the Battle of New Market and the link doesn’t work. Can we fix it? Thanks.
It will be up tomorrow Tim. I posted it initially today in error. The cadets will be ready for the charge tomorrow!
I guess the cadet fight at New Market was impetus behind the scene (for me the best in a good movie) in “The Horse Soldiers” where military school cadets charged John Wayne’s/Grierson’s cavalry brigade.
It was the most effective cavalry raid of the Civil War,
On 17 April 1863, Col. Benjamin H. Grierson departed La Grange, TN with 1,700 men. They rode south through the entire state of Mississippi tore up RRs, burned bridges, destroyed supplies, and eluded every strong force sent against them. They defeated several smaller CSA forces. Sixteen days later they rode into Baton Rouge, LA having lost only 27 men.
I guess the cadet fight at New Market was impetus behind the scene (for me the best in a good movie) in “The Horse Soldiers” where military school cadets charged John Wayne’s/Grierson’s cavalry brigade.
Yep. Grierson was one of the more talented cavalry commanders of the war. He was a music teacher who hated horses after being kicked and nearly killed by one as a child. Fact is often stranger than fiction.
https://www.youtube.com/watch?v=RW7PPpyo6yw
I’m all for impeaching Sullivan at this point.
Thank you, Don! I knew a lot of the stuff about Flynn but those recent updates on the supreme court were new to me.
Looks like the judge wants to prosecute the case