Showing posts with label law. Show all posts
Showing posts with label law. Show all posts

Tuesday, July 14, 2026

Court Watch Part VIII. The only restraint edition.

Jefferson County Courthouse, Port Arthur, Texas.

July 14, 2026

In a blistering opinion, a Federal Court judge ruled that President Donald Trump improperly used a $10 billion lawsuit he filed against the IRS to extract personal benefits from the government and prevented the terms of a settlement agreement from taking legal effect.

And more locally:

Laramie County sheriff ordered to appear in court, explain why law firm can’t inspect records

Last edition:

Court Watch Part VII. When the last law was down.

Sunday, July 12, 2026

Friday, July 12, 1776. One Country (absent that problematic Quebec).

The Second Continental Congress received the first draft of the Articles of Confederation.

Contrary to some latter day suggestions, this demonstrates that the thirteen colonies who had declared independence conceived of themselves as one confederation, i.e., one country, right from the onset.

Last edition:

Tuesday, July 9, 1776. Troops read the Declaration of Independence.

Friday, July 3, 2026

Court Watch Part VII. When the last law was down.

Lawyer, St. Thomas More, who was executed for his adherence to his faith. 

William Roper: So, now you give the Devil the benefit of law!

Sir Thomas More: Yes! What would you do? Cut a great road through the law to get after the Devil?

William Roper: Yes, I'd cut down every law in England to do that!

Sir Thomas More: Oh? And when the last law was down, and the Devil turned 'round on you, where would you hide, Roper, the laws all being flat? This country is planted thick with laws, from coast to coast, Man's laws, not God's! And if you cut them down, and you're just the man to do it, do you really think you could stand upright in the winds that would blow then? Yes, I'd give the Devil benefit of law, for my own safety's sake!

Robert Bolt, A Man for All Seasons: A Play in Two Acts

The Justice Department is going after James Comey for posting a photo of seashells arranged to spell "8647" on a beach somewhere, asserting it was a death threat on President Trump.  Apparently this is due to the old use of the term "86" to do away with and "47" for Donald Trump's completely illegitimate but widely accepted illegal claim to be President.

It wasn't.

This prosecution will go nowhere whatsoever, but it is more evidence that everyone in the Trump Administration is essentially a fascist with no regard for reality or the rule of law right now.  We are in monumentally dangerous territory.  It's 1534 in the United States with Donald Trump our King Henry VIII.

And the spirt of the age has spread:

What Gray did was flat out illegal.  Gray is relying, in essence, on the advice of the Attorney General and when that's a defense, the attorney client privilege is waived.  The AG's office knows that, but it has to defend the privilege  It's being pretty assertive about it.

Gray needs to suffer the penalty of the law here.

Nobody is more opposed to abortion than I am.  I wouldn't allow for the largely bogus "rape and incest" exceptions that many people will.  But this is really beyond the Pale.  Powell should be ashamed of itself for even appoint this guy to its city council.

Elsewhere, in a nation where we brought a modern justice system, it's still functioning.

South Korean court extends prison sentence for wife of ousted president 

May 5, 2026

Headline in the CST:

Judges reject Trump push to obtain state voter rolls

But of course our Secretary of State, Chuck "If you disagree with me you are a radical communist, fascist, monarchist, podiatrist" Gray just handed Wyoming's over.

May 16, 2026

Smith hasn't been confirmed as US Attorney for Wyoming yet.

May 21, 2026

It appears that Trump's settlement deal in his IRS suit may actually prove to be a bridge too far for Senate Republicans.  

The deal, which frankly is the epitome of corruption, would create a slush fund to pay pardoned January 6 criminals for their inconvenience in being prosecuted as traitors to their country.  That's what they are, and they should not have been pardoned, but Trump sought to go one step beyond that and reward the pack of Horst Wessels.  Frankly, as soon as possible, the pardons should be unrung as illegitimate (Trump isn't a legitimate President and can't pardon anyone).  Anyhow, Republicans are openly balking on the slush fund, amazingly.  It must be really angering constituents, or just too much to stomach.

Indeed, they not only are balking, they sidetracked the ICE funding bill, showing that they're actually willing to do something that is guaranteed to send the Orange Mussolini into a screaming fit, but the fit will pit Trump's ICE demands up against his now open and obvious corruption and the hemorrhaging of the US budget.  It'll be interesting to see where this goes, as once they break with Trump, their relationship with Trump is broken, and if he doesn't come to heel, they can't.

By way of an analogous example, Massie wouldn't come to heel on the Epstein files, but he was one man.  Once it's a pack, it tends to grow.

So, a match is on.

May 29, 2026

A court ruled that Trump's adding his name to the Kennedy Center was illegal and ordered it removed within two weeks.

A different judge enjoined the IRS settlement slush fund from going forward.

June 2, 2026

Trump's insurrectionist slush fund seemed to be getting questioned by the court and now the Attorney General is saying it won't occur.

While Wyoming's Congressional delegation didn't protest it, a lot of Republicans in Congress were finding it to be a bridge too far.

June 3, 2026

Lawyers ask Wyoming Supreme Court to intervene in Gray voter data complaint

June 4, 2026

A Wyoming district court held that the whiney fascist crybabies leading the GOP have to follow state law and seat elected Republican precinct members, something another court did two years ago. The state central committee didn't want to do so as that keeps it from picking fascists.  

It argues that its a private entity and doesn't have to follow state law. . . except of course when it comes to getting preferential places on ballots, having the state run party elections for it, and getting to pick members of certain offices when they become vacant. It's fine with all of that.

Satire aside, this would have been an opportunity for the Court to wipe all of that out, and it should have.

June 5, 2026

Wyoming GOP sues state, challenges constitutionality of ban on pre-primary candidate endorsements

All they really have to do is to quit having state funded primaries.

June 15, 2026

Last Friday retired Judge Campbell struck down a series of provisions regarding abortion.  There was some chance that these would survive challenge, as they did not directly restrict abortion, such as there being a time delay after seeking one, an ultrasound, etc., but he ruled that the Wyoming Supreme Court's earlier decision meant that these were in the nature of health care and could not stand.

I disagree with him on that, but given the absurd Wyoming constitutional provision on health care I've addressed here before, and the S.Ct. decision, it's an understandable result.  It'll go on to be challenged at the Wyoming Supreme Court level, probably.

I keep wondering if anyone has argued the true existential aspect of the questions.  I don't know if that's been done or not.

On the nature of things, one of the local news outlets has had photos of a woman protesting holding a sign that says "Forced Birth = Violence".

Almost all abortions in the US are due to people who just had sex, and then sex resulted in what it results in. That's not forced birth, that's nature.  The common "well what about ten year olds" and the like brings up a case scenario that's exceedingly rare.  The reply to that would be to ask that person if they're opposed to all other abortions, which they are not.

Even at that, however, killing is killing.  It would be just as logical to go out and determine every living American who came about due to rape or tike and shoot them dead now.  Yes, rape and incest are horrible.  Murder is probably the ultimate horrible, however.

Apparently the S.Ct asked, in its opinion, why those challenging abortion in Wyoming don't seek to amend the constitution.  It was a constitutional amendment that got us here, so that makes sense.  So far nobody's lifted a finger to do that.  The likely reason is that they know that amending the provision to allow for making abortions illegal won't pass in the state.  Instead, they feel their odds are better litigating about it, or complaining about it.

On other matters, the case challenging the primary system filed by Skovgaard is a pro se case, as I suspected, meaning it has about zero chance of actually succeeding.

June 18, 2026

Gordon sues Board of Equalization, asks court to enforce property tax cap

The governor filed suit against the 3-member board he appointed after it said it could not certify non-uniform residential property tax assessments.

In other news, some members of the WFC are criticizing Wyoming courts as "activist", an absolutely absurd accusation, for not upholding the most recent abortion laws when the legislature itself is completely responsible for the constitutional amendment that causes those laws to do down in defeat.

The legislature could forward a repeal of that amendment, but it won't, as it's afraid that would go down in defeat.  The whole thing is an example of playing a stupid game and winning a stupid prize.

June 19, 2026

Court sides with challenger to law banning drug users from possessing guns

What could go wrong?

On the topic mentioned above, we'll note that that you heard it here first, but now the drumbeat pointing out the hypocrisy is getting pretty loud:

Tom Lubnau: Sure, Pass Unconstitutional Bills And Blame 'Activist Judges'

Lubnau really throws the gauntlet down, stating:

The fix is simple. Pass a proposed constitutional amendment. I'll draft it for them: Article I, §38 is amended to add subsection (e): Abortion is not healthcare for purposes of this Article. 

Come on Sanchez-Williams.  Come on Bear.  But your legislating where you claimed values are. 

June 29, 2026

A good result:

Court prevents Trump from firing Fed governor


A 5 to 4 decision, with Thomas writing the dissent.

A bad result:

Court allows Trump to fire FTC commissioner and overturns major restraint on presidential power

A great result, but again 5 to 4:

Justices uphold state law allowing for late-arriving mail-in ballots

Trump's already bitching about this one, complaining that this provides why the SAVE Act needs to be passed.

And another good result:

Supreme Court will not consider $5 million verdict against Trump

Cont:

Supreme Court strikes down Trump’s order ending birthright citizenship

Yikes, that was the right result, but razor thin.

Cont:

And a bad one:

Justices strike down campaign finance law

Cont:

And a correct one:

Court rules that states can exclude transgender athletes from girls’ and women’s sports teams

July 3, 2025

A former Olympian has been falsely charged with vandalizing Donald Trump's Rhino Lined Algae pond as Trump is a baby and can't handle the truth.

These charges will fail, will result in a civil suit against the government which the government will ultimately settle for millions.

We've crossed the edge into the early stages of a fascist police state.

Gabriel Green has sued the State over residency requirements.  A long time Wyoming resident, he recently resided in Arizona so the Secretary of State, properly in my view, found he did not meet the residency requirements.

The Secretary of State's office faces two other election related legal actions at the presen ttime.

With this, we'll close out this edition.

Last edition:

Ballroom Batshit. A demented president goes full bonkers. The 25th Amendment Watch List Fifteenth Edition and Court Watch Part VI.

Wednesday, July 1, 2026

Saturday, July 1, 1876. Coloradans say yes to an anticipated state constitution.

Territorial seal of Colorado.

Voters in the Territory of Colorado voted to approve a state constitution, in anticipation of being admitted to the Union.  The proposed Constitution was published in March 1876,approved on this day with 15,443 voting ‘yes’ and 4,062 voting ‘no’.  

Last edition:

Friday, June 30, 1876. A rainy day.

Monday, June 29, 2026

Saturday, June 29, 1776. A constitution for Virginia.

Anticipating what would occur in Congress the Virginia Convention adopted the first constitution of the independent Commonwealth of Virginia. Virginia had no constitution at all prior to that.

The Continental Congress had Jefferson's draft of the Declaration of Independence for one day at this point.

The Continental Navy won the Battle of Turtle Gut Inlet in Wildwood Crest, New Jersey.

Last edition:

Saturday, December 16, 1775. Jane Austen Is Born

Monday, June 15, 2026

"Homicide is justifiable when committed by the husband upon one taken in the act of adultery with the wife, provided that the killing takes place before the parties to the act have separated. "

Homicide is justifiable when committed by the husband upon one taken in the act of adultery with the wife, provided that the killing takes place before the parties to the act have separated. Such circumstance cannot justify a homicide where it appears that there has been, on the part of the husband, any connivance or assent to the adulterous connection.

Law of the State of Texas prior to 1973.

Frankly, whatever the law is anywhere now, if I were on a jury, I'd consider not convicting under these circumstances.  Of course, that's exactly why I'd never be on such a jury.  I probably would, but I wouldn't be keen on it.

Indeed, you have to take an oath that you'll uphold the law, and killing somebody is flat out wrong, but I'd not like that duty.

For that matter, I'd be a poor choice for a juror when an "ex" spouse killing a "new" spouse of his former spouse, as that is adultery, as divorce itself is a civil sham.  Same story there.  I guess I'd uphold my obligations as a juror, if I survived voir dire, which I probably wouldn't.

In some ways, the weeneyness of the current law is a shame.

Maybe the dilution of the current law is the real shame.  The old law, including the "heart balm" laws, were regarded as harsh.  They weren't harsh, they were realistic.  The decline in realism in this area since May 9, 1960, has not bee a good thing in every conceivable way.

Thursday, June 11, 2026

Tuesday, June 11, 1946. The Administrative Procedures Act passed into law.

Not a particularly interesting thing to note, but it is a major legal event.

More interestingly, the Hercules H-4, nicknamed the Spruce Goose due to its plywood construction, was moved from Hughes Airport in what is now Playa Vista to Long Beach, in sections, so that it could be reassembled and tested.

The huge flying boat was already obsolete which was known to all, but Howard Hughes having started it was determined to finish it.

There was crabbiness at the Supreme Court.


Surplus items I'd really love to find today were being sold at Lowry.

The Spruce Goose did make the papers but not until page 20.

Last edition:

Saturday, June 8, 1946. British victory parade.

Wednesday, June 3, 2026

Monday, June 3, 1946. Irene Morgan and the bus.

Signaling the beginning of a new ear in the Court, the U.S. Supreme Court found segregation of interstate bus passengers to be illegal.

Last edition:

Sunday, June 2, 1946. Latinate elections.

Monday, May 25, 2026

Tuesday, May 25, 1926. Ukrainian assassination in Paris.

Former Ukrainian President and socialist, nationalist leader Symon Petiura was assassinated in Paris by Jewish Communist Anarchist Sholom Schwartzbard, who encountered him by happenstance.

Petiura had been head of the UNA which was responsible for the murder of thousands of Jewish Ukrainians.  He remains a controversial figure.  Schwartzbard would be acquitted of the charge of murder.  He later moved to South Africa.  He had served in World War One in the French Foreign Legion and the Russian Civil War as a Red Guard.  Following the war, he returned to France disillusioned with the outcome of the war.

President Coolidge signed the Public Buildings Act into law, providing funding for construction of federal buildings for the first time in over a decade.

Last edition:

Monday, May 24, 1926. National Parks created. Oil concessions extended. Tokachi erupts.

The kind of BS that makes people hate lawyers.

The Aerodrome: Frontier Passengers File $10 Million Claim Against...: Frontier Passengers File $10 Million Claim Against Denver For Failing To Stop Runway Suicide Seriously? That should be tossed out and sancti...

Wednesday, May 20, 2026

Thursday, May 20, 1926. Trains and Planes.

President Coolidge signed the Air Commerce Act providing for the licensing of pilots and commercial aircraft.  He also signed the Railway Labor act abolishing the Railroad Labor Board.

The Air Commerce Act provided for an  Aeronautics Branch within the U.S. Department of Commerce to implement and enforce regulations and is depicted as a story element in the film The Great Waldo Pepper.  The film accurately portrays the role of the Aeronautics Branch in brining barnstorming to an end.

1930 photograph by Ernst Udet, German fighter pilot in World War One and Luftwaffe officer during World War Two, upon whom the movie character Ernst Kessler is based in the movie The Great Waldo Pepper.  Udet was a barnstormer in the 1920s.

Last edition:

Wednesday, May 19, 1926. Bad coinage idea.


Sunday, April 26, 2026

Moday, April 26, 1926. Caroline Lockhart sued.

Caroline Lockhart was sued for liable in Cody.


Still a well known figure in Cody, it strikes me that Ms. Lockhart is probably hardly known anywhere else.  The eclectic Lockhart was a rancher and journalist.  She died in 1962 at age 91.

Last edition:

Wednesday, April 21, 1926. The Day of Sorrow.