International news, legal news

Here's your judicial activism, Sen. Cruz

Ted Cruz brought it up, so I’ll continue running with it.

The freshman U.S. senator from Texas accused the U.S. Supreme Court of engaging in “judicial activism” when it refused to review state cases relating to same-sex marriage. Activism? Hardly. Restraint? That’s more like it.

The Republican’s silly assertion brought to mind a conversation I had in 2009 with a true-blue judicial activist, who was damn proud of his role in correcting mistakes the legislative body in his country makes on occasion.

Meet Salim Joubran, a member of the Israeli supreme court. I made his acquaintance in June 2009 while traveling through Israel with four other West Texans as part of a Rotary International Group Study Exchange. Our group met him in Jerusalem.

Judge Joubran was unapologetic about his activist nature.

His take on the court’s role in Israel is that judges have to correct mistakes that the Knesset — the Israeli parliament — makes in enacting certain laws. “We are respectful of the Knesset,” he said, “but the court’s activism is necessary.”

Joubran said that Israel doesn’t have a constitution. National law, therefore, makes it “virtually imperative that judges correct mistakes in laws approved by the Knesset,” I wrote after visiting with Joubran.

We’re proud in this country of our judicial system. I know I am. It works well most of the time. I’m not going to advocate for the form of judicial activism that Salim Joubran practices while interpreting Israeli law.

But I’m going to draw a conclusion about how some American politicians define the term “judicial activism.” It’s usually used as a pejorative by conservative pols who take issue with what they see as “liberal” court rulings.

Fine. However, conservative judges can be activists, too. I’ve already cited the Citizens United ruling in 2010 as an example of conservative judicial activism.

I cannot recall five years after meeting with Judge Joubran whether he’d be considered a liberal or conservative judge. He’s an activist — and proud of it.

I found it refreshing and, frankly, courageous.

If only more judges in this country stood up for their own activism and were willing to defend it in front of anyone who challenged them.

national news, political news, State news

Cruz now favors activist federal government

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Ted Cruz keeps giving me — and others — so much grist for commentary.

The freshman Texas Republican U.S. senator now has this doozy of an idea. Let’s amend the U.S. Constitution to prevent states from overturning bans on same-sex marriage.

http://www.texastribune.org/2014/10/06/cruz-amend-us-constitution-preserve-marriage-bans/

This comes from a tea party darling, someone who’s railed time and again during his still-brief time in the Senate over federal government overreach into states’ business.

Not so, however, when it comes to one more issue that now needs to become part of the federal Constitution.

Oh, Ted. Keep delivering these hits. Please.

Cruz got angry at the U.S. Supreme Court over its refusal to hear some state cases involving the overturning of bans on gay marriage. He called it a matter of gross judicial activism. Indeed, as a learned friend of mine noted, the high court exercised “judicial restraint” in refusing to hear these cases.

That won’t deter the runaway freight train aka Ted Cruz.

He’s going to try to get Congress to approve a constitutional amendment that places federal authority over state authority.

I swear I understood Cruz was a champion of states’ rights. What happened?

Oh, I almost forgot. Cruz wants to run for president in 2016 and he’s got to appease that right-wing GOP “base.”

legal news, national news, political news, State news

One more reason to detest Ted Cruz

That settles it: Ted Cruz is my least favorite of the 100 men and women who serve in the U.S. Senate.

Why the additional scorn? Well, the freshman Republican from Texas said this about the Supreme Court’s decision to refuse to review state laws banning same-sex marriage:

“This is judicial activism at its worst.”

OK, he said some other stuff too in criticizing the high court. He accused the justices of “abdicating its duty to uphold the Constitution.”

http://www.politico.com/story/2014/10/ted-cruz-supreme-court-gay-marriage-111655.html?hp=l7

Judicial activism, eh?

I think I can come up with at least one greater example of judicial activism perpetrated on this nation by the Roberts Court, one of the more so-called “conservative” courts in the nation’s history. Let’s try the Citizens United case.

Remember that one, Ted? That’s the case that determined that corporations are people, too — to borrow Mitt Romney’s (in)famous phrase during the 2012 presidential campaign. The court decided to let corporations spend all the money they wanted on political campaigns, just like regular folks. It determined that multi-zillion-dollar business interests have as much say in determining who gets elected as poor schleps like me who might want to write a $20 check to the candidate of my choice.

So, if you’re a candidate who then gets elected, who are you going to listen to more intently: the mega corporation or the individual contributor?

That, Sen. Cruz, is how I would define judicial activism.

This label often is used by conservatives to rip apart liberal judicial rulings. These critics, such as Cruz, ignore at their peril their own brand of judicial activism.

The Roberts Court showed it can be as activist as, say, the Warren Court was in the 1950s.

Cruz surely knows this.

A dear friend of mine who visited my wife and me this past weekend served in government and journalism for more than 40 years. He said of Cruz, who he described as “smart as they come”:

“Intelligence is inherited. Wisdom must be earned.”

medical news, national news, political news, State news

Ebola becomes political football

Let’s call it the politics of Ebola.

Politico reports that some of the presumptive Republican candidates for president in 2016 are shouting “panic!” at the prospect of the deadly virus infecting the United States of America.

Not all of them, mind you, are saying such things.

Texas Gov. Rick Perry — along with President Obama, if you can believe that — suggests it’s better to stay calm and cool as medical professionals seek to contain the single known case that ended up in Dallas.

http://www.politico.com/story/2014/10/gop-republicans-elections-2016-ebola-panic-111597.html?hp=r15

Yes, it’s a concern. A man flew from Liberia to Texas while carrying the Ebola virus. He is in critical condition. But his status has been upgraded a bit to stable. He is undergoing intense medical care at a Dallas hospital, where he is receiving the best care possible.

Meanwhile, GOP politicians are calling for an immediate ban on all flights from West Africa to the United States.

And, of course they’re saying the Obama administration isn’t doing enough to fight the virus. They’re scattering out over right-wing talk radio and TV and proclaiming their intense concern that the president isn’t sounding sufficient alarm over the Ebola case that found its way to Dallas.

There will be more intense airport screening of inbound passengers, the president has assured. There also will be greater vigilance at the outbound end of flights headed for the United States and other countries.

These measures haven’t stopped some of the GOP candidates in waiting. As Politico reports, “Sen. Rand Paul of Kentucky declared on ‘The Laura Ingraham Show’ that ‘this could get beyond our control’ and worried, ‘Can you imagine if a whole ship full of our soldiers catch Ebola?’”

How about settling down just a bit?

The next political campaign will get into full swing in due course. Cooler heads think better than those that are overheated with political ambition.

national news, political news

Former candidate might hold Senate key

If the Democrats hold the U.S. Senate — and that remains a huge if — they likely may owe their rescue to a Democrat who wasn’t even on the ballot.

No, I’m not talking about President Barack Obama.

The rescuer might be a fellow named Chad Taylor, a former Democratic candidate for the Senate from, of all places, Kansas.

http://www.politico.com/story/2014/10/nbc-poll-senate-democrats-2014-elections-111611.html?hp=r4

Yes, that Kansas, one of the most deeply red states — behind Texas and Utah, perhaps — in the country.

Taylor dropped out of the Senate race against incumbent GOP Sen. Pat Roberts. He left the campaign to a third candidate named Greg Orman, who’s running as an independent but who appears ready to caucus with Senate Democrats if he’s elected.

Orman is holding a double-digit lead over Roberts at the moment and with less than a month to go before Election Day, it’s beginning to look rather grim for the veteran Republican lawmaker.

The RealClearPolitics.com average of polls shows Republicans with a potential seven-pickup in the Senate; they need six to win control of the place. So, Orman’s possible victory isn’t the only race that could keep the Senate in Democratic hands.

Iowa needs to stay Democratic. North Carolina Sen. Kay Hagen is holding a slim lead over her challenger. And former President Clinton has returned to his home state of Arkansas to campaign on behalf of his pal Mark Pryor, who’s trying to keep the seat in Democratic control.

If it boils down, though, to a single race — the one Kansas — Democrats might have to send former candidate Chad Taylor the biggest bouquet of flowers they can find to say “thanks” for bowing out.

legal news, national news

Where's the threat to 'traditional marriage'?

So …

The Supreme Court has refused to review challenges to same-sex marriage laws in several states. “Marriage equality” proponents have proclaimed that as a victory, that it shows the highest court in the nation is comfortable with states allowing same-sex unions.

http://www.msn.com/en-us/news/us/supreme-court-declines-to-review-same-sex-marriage-cases/ar-BB7QehZ

I’ve commented already today on the shifting tide in favor of same-sex marriage.

No doubt we’re going to hear commentary from those who perceive some “threat” to traditional marriage by the expansion of the definition of marriage to include same-sex couples.

Allow me this brief look at the so-called threat.

There isn’t any.

I’ve stated already that my wife and I — and I feel comfortable speaking for her on this matter — are quite comfortable with our own union. We sealed it 43 years ago and we’re going quite strong. At no point ever in all those years have we felt threatened by those who choose to bond with others of the same sex. The gay couples we have known have their own lives and we have ours. End of story.

No, the threat to traditional marriage covers a lot more ground than this single issue. It rests with society at large, with laws that make it arguably too easy for couples to end marriages.

My own values are deeply held and are personal in the extreme. They won’t be shaken loose by those of different orientations.

I could bet real American money that I am not alone in believing that same-sex unions pose zero threat by themselves to “traditional marriage.”

legal news, political news, State news

Same-sex marriage tide has turned

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The currents have turned in favor of same-sex marriage.

Who knows? It well might be accepted as part of the “new normal” in this country, if the courts continue to have their way.

http://www.beaumontenterprise.com/news/texas/article/State-by-state-look-at-gay-marriage-bans-5804228.php

One by one, state bans on same-sex marriage are falling victim to that little ol’ provision in the U.S. Constitution that protects people’s “equal protection of the laws.”

It’s in the 14th Amendment. It’s one small clause in one small sentence. It resonates loudly in appellate courtrooms all across the country.

Even the U.S. Supreme Court — that bastion of “strict construction” arguments of the U.S. Constitution — has ruled that the federal government must recognized state-sanctioned same-sex marriage. Texas has joined the parade of states that are awaiting final disposition of this argument.

I remain on the fence on this issue. The term “marriage,” to me at least, carries a traditional connotation in that it involves the union of a man and a woman.

Having noted that, I am not going to condemn anyone who wants to marry someone of the same sex. It’s not my call to determine who people should love. I’ll let the government sort it out. I’ll continue to live my traditional life in marriage to a woman I married 43 years ago. And I will let others live as they choose.

Furthermore, none of these court rulings puts my marriage in any danger. It will survive quite nicely and I am sure it will continue to grow and flourish without any threat from whatever the courts continue to rule.

Tradition and belief systems aside, though, the Constitution does appear to stand in favor of all Americans regardless of their orientation. If it says that all Americans must not be deprived “equal protection” under the law, that it means all Americans. There’s not a word in that clause that mentions their sexual orientation.

“All” means all, yes?

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Davis might be making a race of it?

Paul Burka is a smart pundit.

He writes for Texas Monthly and has been around the state’s political pea patch far longer than I have.

http://www.texasmonthly.com/burka-blog/home-stretch-0

But he might have stars in his eyes when he predicts that Democratic gubernatorial nominee Wendy Davis is going to make a serious run at Republican foe Greg Abbott in the race for governor.

Then again, Burka is a smart guy who knows the lay of the land.

The Davis-Abbott race is tightening some, according to a recent Texas Lyceum poll, which seems to make Burka happy.

I join him in that happiness — if Davis can sustain whatever momentum she might have gained from a strong debate performance against Abbott.

Will she win? Not likely. However, I’ve long wanted a tight race for the top of the ballot if only to keep Texas Republicans somewhat honest and humble. I’ve never been a big fan of one-party dominance, no matter which party is the top dog. Democrats and Republicans have ways of getting cocky, arrogant and too self-assured when governing. They forget that their state — wherever it is — comprises residents of the “other” persuasion.

I’m still hoping Davis can make Abbott work for this victory if that’s where the stars are aligning.

Poll standing aside, I am not yet confident it’s going to be a close race to the finish. I hope I’m wrong.

International news

Barack and Bibi: Are they actually friends?

OK, so now it turns out that President Obama and Israeli Prime Minister Benjamin Netanyahu have a better relationship than what’s been reported.

Is that the case?

http://www.politico.com/blogs/politico-live/2014/10/netanyahu-touts-obama-relationship-196593.html?hp=l10

It is, according to Netanyahu.

That’s good to know, given that the United States has so few dependable Middle East allies.

None of them compares with Israel, which has been at our side — and vice versa — since the founding of Israel more than six decades ago.

The supposed tension between the leaders has been the subject of much discussion over the years. Indeed, they’ve appeared to be at odds on occasion as it relates to U.S. views on Israeli settlement-building in the West Bank region and on how to achieve a “two-state solution” to the Israeli-Palestinian dispute.

Netanyahu said Sunday on “Face the Nation” that the relationship is like that of an “old married couple.” He declared that he and the president have a “relationship of mutual respect and mutual appreciation.”

Can we expect them to be BFF’s — best friends, forever? Hardly. Mutual respect and appreciation, though, is pretty darn good in this troubling time in the region of the world where Netanyahu lives and works.

For his part, Obama has made it abundantly clear time and again: The United States stands solidly behind Israel and that alliance is unshakable and unbreakable.

There you have it.

local news, State news

AMA grounds improved, however …

Here’s an update on the grounds at Rick Husband Amarillo International Airport.

They’ve improved, but there’s still some work that needs doing out there.

I went to the airport today with a friend to check on his flight out of Amarillo tomorrow afternoon. We drove onto the parking lot and as I looked around I noticed two things:

* Most of the weeds I saw on my previous visit to AMA had been cut.

* The greenery around the parking garage still looked a tad ratty.

I’m having difficulty understanding why the city that runs the airport doesn’t do a better job of keeping the place well-groomed — to the point of immaculateness.

The airport quite often is the first thing visitors see when they come to Amarillo, or any city, for that matter. Business travelers come here for the day, perhaps to stay overnight and then they returned to their home.

What are they going to say about Amarillo if the airport where they touch down looks as though it violates city weed-height ordinances?

I blogged about this some months ago. A City Council member told me the state has some responsibility in keeping the airport appearance up to snuff. The state?

https://highplainsblogger.com/2014/08/13/ama-going-to-seed/

I believe now as I stated then: The airport is a city responsibility and that ought to include the appearance of the property surrounding it.

Hey, the city spent some serious money just a few years ago rebuilding its terminal. The structure looks quite attractive. It is modern, user-friendly, is bright and airy.

Let’s finish the job and get the grounds around the building looking as good.

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