Supreme Court

Kansas and Wichita quick takes: Thursday March 8, 2012

Candidate representatives at Pachyderm. This Friday's meeting (March 9th) of the Wichita Pachyderm Club features Republican presidential candidate spokespersons. In addition, Lora Cox, Executive Director of the Sedgwick County Republican Party will be on hand to answer questions regarding the mechanics of Saturday‚Äôs Republican Party Caucus. ... The public is welcome and encouraged to attend Wichita Pachyderm meetings. For more information click on Wichita Pachyderm Club. Sedgwick County pre-caucus rally. Friday afternoon (March 9th) Kansans for Liberty is producing a pre-caucus rally at Century II. Ron Paul is scheduled to appear. There will be other speakers and live entertainment, say…
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‘Honest services’ law expansion sought

While the U.S. Supreme Court has attempted to limit the application of vague "honest services" statutes, the Obama Administration is working to restore what the Wall Street Journal describes as "essentially unlimited prosecutorial discretion to bring white-collar cases." David Rittgers of the Cato Institute explains the meaning of this law: "The 'honest services' statute criminalizes 'a scheme or artifice to deprive another of the intangible right of honest services.' This criminalized an employee lying to his employer, and as Justice Scalia pointed out, 'would seemingly cover a salaried employee's phoning in sick to go to a ball game.' Prosecutors were…
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Kansas restrictive covenants eased regarding political yard signs

It's common for neighborhoods to have restrictive covenants that prohibit homeowners from placing any signs in their yard, except for signs advertising homes for sale. But a 2008 Kansas law overrides these restrictive covenants to allow for the placement of small political yard signs starting 45 days before an election. Still, residents of covenant neighborhoods may want to observe their neighborhood's restrictions, even though they are not valid. The bill was the product of then-Senator Phil Journey of Haysville. Journey is now a judge in the Kansas 18th Judicial District. The bill passed unanimously in both the Kansas House and…
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Kansas judicial selection expert to address Pachyderms

This Friday (August 6) the Wichita Pachyderm Club features Kansas University law professor Stephen J. Ware. Ware is an expert on the process of judicial selection in Kansas and other states. His research shows that Kansas is at the undemocratic extreme end of the spectrum in concentrating power in members of the bar when it comes to selecting judges for our state's highest courts. All are welcome to attend Wichita Pachyderm Club meetings. The program costs $10, which includes a delicious buffet lunch including salad, soup, two main dishes, and ice tea and coffee. The meeting starts at noon, although…
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Second amendment decision not permanent

By Karl Peterjohn The United States Supreme Court narrowly agreed today that the 2nd Amendment to the U.S. Constitution protects an individuals right to possess firearms. Sadly, this was a narrow, 5-4 decision that could be changed when another 2nd Amendment case works its way to the Court when its membership changes. This has happened in the past. In fact, my lawyer friends tell me that it is not unusual for this to happen. Yet this is an individual right. The United States could not have been created if this had not been implicit among the rights claimed by our…
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Kansas restrictive neighborhood covenants don’t apply to political yard signs

It's common for neighborhoods to have restrictive covenants that prohibit homeowners from placing any signs in their yard, except for signs advertising homes for sale. But a 2008 Kansas law overrides these restrictive covenants to allow for the placement of small political yard signs starting 45 days before an election. The bill was the product of then-Senator Phil Journey of Haysville. Journey is now a judge in the Kansas 18th Judicial District. The bill passed unanimously in both the Kansas House and Senate. According to the First Amendment Center, some 50 million people live in neighborhoods with homeowners associations. And…
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Articles of Interest

Kansas liberal Republicans, student rights, greenwashing, historic preservation, Sotamayor. Can we please send Steve Rose to a political science class? The northeast Kansas blog Kaw & Border has a few words of criticism for Johnson County Sun publisher Steve Rose. Specifically: In this case, the "adjusted fact" was his view that tax cuts have put Kansas in a financial crisis, the few good observations were some long overdue spending cuts, his strawman was the Kansas Chamber and "conservatives", and his nonsensical point that drastic spending cuts in Calfiornia will be so terrible that Kansans won't want it and, as he…
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Sonia Sotomayor: We don’t make law (hee hee)

One of the names that's surfacing as a potential Supreme Court justice is Appeals Court Judge Sonia Sotomayor. Those who believe that judges should interpret the law and not create new law from the bench should be alarmed that this person's name is in consideration. In this video from a conference in 2005, Sotomayor displays her contempt for the proper roll of judges. Her attitude is more like what we might expect of a guest on The View or The Ellen DeGeneres Show -- either of which will probably be happening soon. Part of her remarks: "I know this is…
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