Judiciary

On Fox News this weekend, Jon Stewart famously denied that the New York Times pushes a liberal agenda. Perhaps the man from Comedy Central sees the paper as "moderate." After all, the Times itself apparently doesn't believe there are any liberals on the Supreme Court.  In an editorial today, the paper described Ruth Bader-Ginsburg and every other member of her wing of the Court, as "moderate."

The Times' mind-boggling notion of what constitutes a "moderate" came in its editorial blasting the Supreme Court's decision of yesterday throwing out a huge class-action sex-discrimination case against Wal-Mart.

Here's the relevant excerpt from the editorial [emphasis added]:

Liberal replaces liberal at the top of the New York Times masthead. The paper announced today that Jill Abramson would become the Times’ new executive editor as of September 6, replacing Bill Keller, whose liberal record at the paper Times Watch documented earlier.

Abramson likened the paper to holy writ, telling the Times's Jeremy Peters this morning that being named editor was like "ascending to Valhalla":

"In my house growing up, The Times substituted for religion," she said. "If The Times said it, it was the absolute truth."

Abramson’s bias goes back to her days as a reporter for the Wall Street Journal. Commenting on Bill Clinton’s upcoming inauguration on C-SPAN's Journalists' Roundtable program of January 8, 1993, she enthused:

NBC's Nightly News on Monday and the Today show on Tuesday ignored a controversial, ideologically divided Supreme Court ruling that ordered California to release at least 38,000 prisoners. ABC, over two days, allowed a scant 11 seconds. Only CBS provided a full report.

In a blistering dissent, Justice Antonin Scalia warned that "terrible things are sure to happen" if the action is implemented as a result of overcrowding. On the CBS Evening News, Jan Crawford provided the sole full report, observing the controversial nature of the 5-4 split.

She described, "Now, this case produced an extraordinarily heated debate between the conservatives and liberal justices." Crawford highlighted a separate dissent by Sam Alito. He worried that the majority was "gambling with the safety of the people of California." She repeated Alito's foreboding statement: "I fear that today's decision, like prior prisoner release orders, will lead to a grim roster of victims."

Yet another case study in how the liberal media never stop pushing their own interpretation of events: In a May 22 This Week roundtable about the arrest of IMF chief Dominique Strauss-Kahn for the alleged sexual assault of a female hotel worker, two journalists endorsed it as France’s “Anita Hill moment,” referring to the last-minute claims raised against conservative Supreme Court nominee Clarence Thomas nearly 20 years ago.

But Hill never alleged that Thomas did anything either violent or criminal —  and polls taken at the time (USA Today, October 14, 1991) showed the public sided with Clarence Thomas over Hill by a nearly two-to-one margin (47% to 24%). Despite the public’s verdict, journalists have never cast the Hill case as that of a politically-motivated accuser engaged in a high-profile act of character assassination.

Goodwin Liu is a liberal UC Berkeley law professor that President Obama has nominated to the already ultra-liberal 9th Circuit.

Republicans have threatened a filibuster which will likely scuttle Liu's chances for confirmation.

Reporting the story, Los Angeles Times reporter James Oliphant noted that:

Didn't Harvard Law Professor Randall Kennedy get the word? Barack Obama's re-election is all but guaranteed if you believe the liberal mainstream media. Just today the CNBC head of news reported the belief that Obama's re-election would be guaranteed by the actions of the Fed. So why the concern about the health of Supreme Court Justices Ruth Bader Ginsburg and Stephen Breyer? Could it be that Kennedy doesn't quite (GASP!) believe in the political invincibility of the Lightworker?

Apparently such "heretical" thoughts must have occurred to Professor Kennedy judging by his New Republic article in which he urges the two aging justices to retire now because of the inference that they could die during a Republican administration elected next year and be replaced by (EEK!) conservatives. Of course, Kennedy tries, not too successfully, to be delicate in his suggestion:

Justices Ruth Bader Ginsburg and Stephen Breyer should soon retire. That would be the responsible thing for them to do. Both have served with distinction on the Supreme Court for a substantial period of time; Ginsburg for almost 18 years, Breyer for 17. Both are unlikely to be able to outlast a two-term Republican presidential administration, should one supersede the Obama administration following the 2012 election. What’s more, both are, well, old: Ginsburg is now 78, the senior sitting justice. Breyer is 72.

In its infamous June 2005 Kelo vs. New London ruling, a Supreme Court majority allowed the city of New London to seize the properties of holdout homeowners in that city's Fort Trumbull area for the "public purpose" of economic development, not a "public use" as the Constitution's Fifth Amendment requires.

It has been eleven years since the litigation began, six years since the court's ruling, and almost five years since the final settlement between the City and final holdouts the Cristofaro family and Susette Kelo, whose former home now stands elsewhere as a de facto monument to the perils of overbearing government. The land involved is still vacant, and nothing of substance has since happened. In late 2009, Pfizer, the economic linchpin which supposedly drove the city's need to remake the area, announced that it was pulling out of New London.

After several false starts, the city is working with a new developer. As of February of last year, this developer wanted to put rental townhouses in an area where century-old, largely owner-occupied homes once stood.

Early Friday, the New London Day's Kathleen Edgecomb reported a new twist. Wait until you see what the developer wants before going forward.

Greedy, deep-pocketed Wal-Mart went to the Supreme Court yesterday to argue it's "too big to sue."

That's the sort of rhetoric one might expect from Brad Seligman, one of the attorneys representing Christine Kwapnowski and a handful of other women who are suing Wal-Mart on the claim of gender discrimination.

Appearing with Kwapnowski on Tuesday's CBS "Early Show," Seligman used those words to deride Wal-Mart's argument about why the Supreme Court should not let his and numerous other discrimination suits across the country to be consolidated into a single class action case.

But yesterday some ostensibly objective journalists practically parroted the talking point as though it accurately reflected Wal-Mart's legal argument in the case Wal-Mart Stores Inc. v. Betty Dukes, et al.

Take Steve Inskeep and Nina Totenberg of NPR on yesterday's "Morning Edition" (emphasis mine):

Handicapping a case heading to oral argument before the U.S. Supreme Court today, Yahoo! Finance's Daniel Gross insisted that "Wal-Mart has to like its chances" because "[t]he Supreme Court under Chief Justice John Roberts has generally been pro-business and hostile to the cause of workers."

Gross, who is also a senior editor for Newsweek, cited the 2007 ruling -- erroneously writing that the ruling came down in 2009 -- in Ledbetter v. Goodyear Tire in which "[the Supreme Court] threw out on a minor technicality the compelling case of Lilly Ledbetter, who had fought Goodyear Tire over sexual harassment and discrimination for a decade."

But the "technicality" as Gross sees it was actually pretty clear legislative language fixing a deadline beyond which lawsuits could not be filed.

From Justice Alito's opinion of the Court (emphasis mine):

Apparently, someone who broke his vows and trashed his former church is a worthy guest, in CNN's eyes, for a discussion on the Supreme Court, as on Thursday's Newsroom, anchor Don Lemon turned to "Padre Alberto" Cutie for his take on the Court's recent decision in favor of the Westboro Baptist Church. Cutie took issue with the ruling: "I don't think the First Amendment should protect hatred in the public forum, and I think that's where the law makes its biggest mistake....Nobody has the right in the 21st century to propagate hate."

Lemon brought on the Episcopalian pastor, along with CNN senior legal analyst Jeff Toobin and John Ellsworth of Military Families United, for a panel discussion segment 51 minutes into the 2 pm Eastern hour. After asking Ellsworth for his response to the Supreme Court ruling, the anchor raised Westboro's extreme beliefs with Cutie: "So Father, listen, do you consider Westboro- most people don't consider it a legitimate church, okay? But is this- aren't they saying the same thing that's reinforced by religion that's being preached from the pulpit in many churches on Sunday?"

Thursday’s New York Times led with the Supreme Court’s 8-1 decision in the case pitting Westboro Baptist Church, the notorious roaming enclave that pickets funerals holding signs bearing messages like “God Hates Fags,” against the family of a Marine who died in Iraq, Matthew Snyder, whose funeral was picketed.

The top of Supreme Court reporter Adam Liptak’s story, “Justices Uphold Hateful Protest As Free Speech – Picketing At A Funeral – Church’s Action Called Public Discourse – Alito Dissents,” quoted extensively from the pro-speech decision written by Chief Justice John Roberts.

The First Amendment protects hateful protests at military funerals, the Supreme Court ruled on Wednesday in an 8-to-1 decision.

“Speech is powerful,” Chief Justice John G. Roberts Jr. wrote for the majority. “It can stir people to action, move them to tears of both joy and sorrow, and -- as it did here -- inflict great pain.”

Today's Supreme Court ruling in Snyder v. Phelps is proving to be yet another occasion for the media to falsely describe the homosexuality-fixated Westboro Baptist Church as a "fundamentalist" congregation.

The Associated Press, MSNBC and NPR.org have been among the news outlets using that tag for the Topeka, Kansas, organization that protests funerals of soliders, celebrating their deaths by claiming God killed them because he hates "fags."

But the AP's own style manual strongly cautions against the use of the term "fundamentalist," noting that the term "fundamentalist has to a large extent taken on pejorative connotations except when applied to groups that stress strict, literal interpretations of Scripture and separation from other Christians."

"In general," the AP manual adds, "do not use [the term] fundamentalist unless a group applies the word to itself."

At time of publication, Westboro's website was unavailable, but a cached version of its FAQ page on Google yielded no description of WBC as "fundamentalist." Here's how the church describes itself:

The Washington Post stoops to the tabloid level today. On the front of Wednesday's Style section is this promotional plug: "The Supreme Court justice is only one of many partners whose caresses McEwen graphically recalls in NC-17 prose."

The justice is Clarence Thomas, and the author of the steamy passages is Lillian McEwen, a former Joe Biden aide and Clarence Thomas girlfriend. Last October, the Post promoted McEwen coming out to criticize Thomas after being silent for decades, including during the Hill-Thomas hearings. Now McEwen has issued her memoir, titled 'D.C. Unmasked & Undressed -- a book so lacking in market appeal that its publisher is Titletown, based in Green Bay, Wisconsin. But the Post is very interested in exploring Thomas's sexual activity, even as the paper's "Reliable Source" gossips pretended to care about his privacy: 

Four months after Lillian McEwen broke a two-decade silence about her longtime relationship with Clarence Thomas, the retired administrative law judge has written a book.

And it is dirty. Really dirty.

On Monday's Newsroom, CNN's David Mattingly continued his network's unbalanced coverage of homosexual issues with his proclamation that a lesbian couple raising kids in Jacksonville, Florida are "part of a new face on the old Bible Belt." Mattingly devoted four sound bites to the couple and the "pro-gay church" they attend, as opposed to only one from a local pastor who supports traditional marriage.

The correspondent began his report by noting that "Latisha Bines and her partner, Misty Gray of Jacksonville, Florida, are part of a new face on the old Bible Belt: same-sex couples, raising children, turning to pro-gay churches for support and acceptance." He also played two clips from Bines and Gray, one from a soccer game where they cheered on one of Bines's children.

Mattingly continued by highlighting a recent study about homosexual couples:

As NewsBusters reported in January, Newsweek's Editor at Large Evan Thomas believes ObamaCare "is a disaster."

On Friday's "Inside Washington," Thomas went even further with his criticism of this law calling it a "flawed bill" and claiming, "I think enough justices perceive that it’s not going to work, that will incline them to reach this high constitutional principle and throw it out" (video follows with transcript and commentary):

"If the majority [of the U.S. Supreme Court] agrees with [Judge Roger] Vinson, President Obama would find not only his health care bill undone, but also face the most significant scaling back of the government's power to use legislation to solve its problems in decades," Time's Michael Lindenberger warned in a February 2 post at the magazine's website.

To reach such a conclusion, however, Lindenberger must have misunderstood Vinson's ruling on Monday in State of Florida v. U.S. Dept. of Health and Human Services, which sought not to "turn back the clock" on commerce clause interpretation but merely prevent its overextension into an unprecedented and dangerous arena: forcing Americans to buy private health insurance under the flimsy illogic that such economic inactivity actually amounts to commercial activity.

"I am required to interpret this law as the Supreme Court presently defines it. Only the Supreme Court can redefine or expand it further," Vinson noted on page 43 of his 78 page opinion. The Reagan appointee noted that no less legislative authorities than the Congressional Research Service and the Congressional Budget Office have found Congress requiring Americans to purchase private health insurance under penalty of law to be "novel" and "unprecedented"

At the New York Times, apparently a belief in first principles and the wisdom of the founders is enough to be labeled a Tea Partier. On Wednesday the Times alleged (passively, of course) "political bias" by a federal judge in Florida, who on Monday ruled ObamaCare unconstitutional.

The smoking gun? Judge Roger Vinson cited colonial-era restrictions on the sale of tea that helped lead to the American revolution. For the Times, Vinson's originalist approach to the Constitution makes him politically biased - presumably a disregard for original intent would not - and portions of his written opinion referencing the founders represented "a deliberate nod to the Tea Party movement."

Halfway through her 2 p.m. "NewsNation" program today, MSNBC's Tamron Hall interviewed liberal ObamaCare supporter Ron Pollack about yesterday's court ruling in State of Florida v. United States Department of Health and Human Services, that struck down the 2010 health care overhaul to be unconstitutional in its entirety.

Hall failed to bring on a representative from the other side of the dispute, even though there are 26 state attorneys general to choose from for that purpose, not to mention any number of conservative legal scholars who could defend the conservative position on the matter.

What's more, Hall failed to challenge any of the complaints Pollack raised, such as his lament that although Judge Roger Vinson dwelt mostly on the "individual mandate" provision that forces Americans to buy health insurance under penalty of law, he ruled the entirety of the 906-page "Patient Protection and Affordable Care Act" unconstitutional.

Time's Kate Pickert sees trouble on the horizon for ObamaCare with another federal judge hinting he may find the individual mandate provision of the legislation unconstitutional.

Pickert promises such a ruling by federal District Court Judge Roger Vinson "would be a second brutal court blow to the Obama Administration."

Nowhere in her brief December 16 blog post did Pickert entertain the notion that the individual mandate itself is a "brutal blow" to individual liberty or the notion of limited constitutional government.

Earlier today, a federal district judge in the 4th Circuit found the individual mandate section of the ObamaCare law unconstitutional.

Tribune Newspapers Washington bureau writers Noam N. Levey and David G. Savage wrote up the 19-paragraph story, which I accessed at LATimes.com.

Levey and Savage waited until the 12th and 13th paragraphs to actually quote U.S. District Judge Henry Hudson:

Ever since Justice Samuel Alito mouthed "not true" after an inaccurate partisan applause line at President Obama's State of the Union address earlier this year, some in the mainstream media have been keen on presenting the conservative wing of the Supreme Court as partisan political actors with an eye on sticking it to the Obama administration wherever possible.

Today, New York Daily News writer Richard Sisk dusted off the meme in a short item chock full of loaded language painting Alito and Chief Justice Roberts in a negative light (emphasis mine) for opting to "boycott" the 2011 State of the Union Address:

CNN continued its one-sided coverage of homosexual issues with two segments on Monday's Newsroom which featured only liberal activists. Anchor Kyra Phillips endorsed the work of Kamora Harrington and her "True Colors" group, which "organizes the largest LGBT youth conference in the country." Correspondent Dan Simon played a sound bite from one of the opponents of Prop 8 without playing any from supporters.

Phillips led her segment with Harrington, which began 38 minutes into the 10 am EST, by hyping the apparently dire situation with homosexual teens: "Gay bullying, gay suicides- they're sad stories that we keep hearing over and over again. But if the anecdotes weren't enough, there is a pair of new studies detailing just how hard it is to grow up gay." After playing a clip from a student discussion group which her guest regularly holds, the anchor turned to her and gave her first hint that she endorsed her organization's work: