EBL: 5th Amendment

Showing posts with label 5th Amendment. Show all posts

Thursday, May 25, 2023

Geraldine Tyler's Big Win in the U.S. Supreme Court

I am glad Ms. Tyler won. I am also glad it was a 9-0 decision by the U.S. Supreme Court.

The Hennepin County, Minnesota officials should be ashamed of themselves.

But Minnesota Democrats have no shame.

The principle that a government may not take from a taxpayer more than she owes is rooted in English law and can trace its origins at least as far back as the Magna Carta.

Legal Insurrection: 94 year old grandmother wins home equity tax case

Library of Congress: Magna Carta and due process of law...

Instapundit: SCOTUS slaps down Hennepin County

AoSHQ: Morning Report 05.25.23

Thursday, August 26, 2021

SCOTUS OVERTURNS BIDEN EXECUTIVE ORDER ON EVICTION MORITORIUM 👨🏾‍⚖️

I am not surprised by the outcome (Biden admitted it was unconstitutional) but by the speed.

Justice Delayed is Justice Denied. Sad it was not unanimous.

SCOTUS also kept the Remain in Mexico policy...

Instapundit: THAT WAS FAST, Remain in Mexico, Deep Trouble with Establishment, and Oil Leases

Powerline: SCOTUS Blocks Biden's Eviction Moratorium

Legal Insurrection: SCOTUS Halts Eviction Moratorium

Jeffrey Lord: Supreme Court strikes down moratorium

Reuters: Biden to restart federal oil leases again

AoSHQ: Morning Report 08.26.21 and Win!

THEORY: Joe Biden is in deep trouble with the establishment for the first time, and you can tell because he lost John Roberts on the eviction moratorium. @hughhewitt
— Kurt Schlichter (@KurtSchlichter) August 27, 2021

I'm not a lawyer, but this is fucking disturbing

If a justice at the SUPREME COURT is comfortable suggesting that literally any policy that might have some impact on disease rates is justification for the wholesale disregard of law, that's badhttps://t.co/uzy972lNbo
— PoliMath (@politicalmath) August 27, 2021

If you can't evict people for failing to pay, more landlords will want the money upfront. https://t.co/af5szwPuJv
— Robby Soave (@robbysoave) August 27, 2021

Tuesday, August 29, 2017

Want to save the Mississippi Gopher Frog?

Edward Poitevent standing in front of his timber holdings

Mississippi Dusky Gopher Frog

Daily Caller: Family Faces $34 million in costs to protect an engaged frog not even there

I have nothing against gopher frogs. They seem to be a nice frog (the Mississippi species is critically endangered, but the Florida species is no longer listed). There are ways of working with landowners and groups (like the Nature Conservancy) to help endangered species. But if you are going to regulate landowners to the point you have taken away the value of their property, that constitutes a taking. Pay for it.

This is really not complicated. I concur government can put some reasonable restrictions on property, but if it goes too far they have to pay fair market value for the property. In this case the frog is not even on the property in question.

There may be a reason that none of the frogs are found on the property, because it might not be suitable habitat for the frog. This case potentially offers a chance to Supreme Court to revisit its Chevron deference precedent.

What the federal government should do is let him log it, then buy the remaining land from him cheap and develop gopher frog and gopher tortoise habitat. Or if that habitat with mature pine trees is critical habitat for this frog, the government can pay fair market value for it so the frogs have a new home.

But it may be the parties just really want to see this tested at the Supreme Court.

Instapundit: Dinosaur extinction allowed frogs to conquer the planet

ScotusBlog: Frogs and salmon petitions to Supreme Court

Volokh Conspiracy:

And in en banc news: The Second Circuit will not revisit a ruling that, in the eyes of the dissent, enables prosecutors to say, “Show me the man and I’ll find you the crime. Neither will the Fifth Circuit, despite six dissents, reconsider its dismissal of a challenge to the feds’ designation of 1,500 acres of private land as critical habitat for the dusky gopher frog.

TOM: Democrats stealing your guns and liberty (and property rights)

Those gopher frogs need to get busy breeding and not checking out porn or messing around with pigs...

Legal Insurrection: The U.S. Fish and Wildlife Service is out of control and we all should be concerned...

Saturday, October 29, 2016

Attorney General Loretta Lynch pleads the 5th Amendment and yet the New Yorker claims FBI Director James Comey breaks with tradition?

Is it a tradition for the Attorney General of the United State to take the 5th Amendment when Testifying Under Oath To Congress?

This is not Loretta Lynch asserting Executive Privilege, this is the Attorney General refusing to testify because her answers could potentially incriminate her. Think about that.

So it is curious how The New Yorker's Jane Mayer is now suddenly concerned about James Comey braking with Lynch and Justice Department tradition over all these emails found on Huma Abedin and Anthony Weiner's computer. Do you think there might be a double standard?

Whether you think Comey is a hero or a villain, he was put in this position by Clinton. She is to blame. https://t.co/iezUmSBq7n
— Jonah Goldberg (@JonahNRO) October 29, 2016

Clinton News Network turns on Comey (never go against the Clinton Family)

ABC News: Lynch objected to Comey's decision to inform Congress (of course, Lynch takes the 5th Amendment when Congress questions her)

RedState: Atrocious Attorney General Lynch wanted Comey to keep Congress in the Dark