"If the judges interpret the laws themselves, and suffer none else to interpret, they may easily make, of the laws, [a shredded] shipman's hose!" - King James I of England, around 1616.
“No class of the community ought to be allowed freer scope in the expression or publication of opinions as to the capacity, impartiality or integrity of judges than members of the bar. They have the best opportunities of observing and forming a correct judgment. They are in constant attendance on the courts. Hundreds of those who are called on to vote never enter a court-house, or if they do, it is only at intervals as jurors, witnesses or parties. To say that an attorney can only act or speak on this subject under liability to be called to account and to be deprived of his profession and livelihood by the very judge or judges whom he may consider it his duty to attack and expose, is a position too monstrous to be entertained for a moment under our present system,” Justice Sharwood in Ex Parte Steinman and Hensel, 95 Pa 220, 238-39 (1880).
case illustrates to me the serious consequences to the Bar itself of not
affording the full protections of the First Amendment to its applicants for admission.
For this record shows that [the rejected attorney candidate] has many of the
qualities that are needed in the American Bar. It shows not only that [the
rejected attorney candidate] has followed a high moral, ethical and patriotic
course in all of the activities of his life, but also that he combines
these more common virtues with the uncommon virtue of courage to stand by his
principles at any cost.
It is such men as these who have most greatly honored the profession of the
law. The legal profession will lose much of its nobility and its glory if it is
not constantly replenished with lawyers like these. To force the Bar to become a
group of thoroughly orthodox, time-serving, government-fearing individuals is to
humiliate and degrade it.” In
Re Anastaplo, 18 Ill. 2d 182, 163 N.E.2d 429
(1959), cert. granted, 362 U.S. 968 (1960), affirmed over strong
dissent, 366 U.S. 82 (1961), Justice Black, Chief Justice Douglas and Justice Brennan,
“Because the law requires that judges no matter how corrupt, who do not act in the clear absence of jurisdiction while performing a judicial act, are immune from suit, former Judge Ciavarella will escape liability for the vast majority of his conduct in this action. This is, to be sure, against the popular will, but it is the very oath which he is alleged to have so indecently, cavalierly, baselessly and willfully violated for personal gain that requires this Court to find him immune from suit”, District Judge A. Richard Caputo in H.T., et al, v. Ciavarella, Jr, et al, Case No. 3:09-cv-00286-ARC in the U.S. District Court for the Middle District of Pennsylvania, Document 336, page 18, November 20, 2009. This is about judges who were sentencing kids to juvenile detention for kickbacks.
"The legal profession must take great care not to emulate the many occupational groups that have managed to convert licensure from a sharp weapon of public defense into blunt instrument of self-enrichment". Walter Gellhorn, "The Abuse of Occupational Licensing", University of Chicago Law Review, Volume 44 Issue 1, September of 1976.
Wednesday, June 28, 2017
The heavenly state of Hawaii bribed the shameless Ginsburg, and other judges of the U.S. Supreme Court to change the Immigration and Nationality Act - a call for reform of the U.S. Supreme Court and impeachment of its judges
I wrote that Ginsburg's trip was during her work time in her busy court, was at the expense of the State of Hawaii School of Law, was one of Ginsubrg's and other SCOTUS judges (and their families') routine vacation all-expenses-paid trips to this resort destination over the years, that the State University School of Law of Hawaii employed as professors THREE law clerks of a federal appellate judge who was deciding a request of the Trump administration to stay an injunction imposed upon the President's immigration executive order.
It is no secret that Ginsburg made public statements indicating her dislike of President Trump, to the point of promising at one point that she will emigrate if he is elected.
He was elected.
Instead of emigrating to New Zealand, as she promised, Ginsburg is skipping work to fly to vacation spots, all expenses paid by the President's opponents in litigation, in order to fix court cases for them.
In February, 2017, Ginsburg flew to Hawaii to have "meetings with faculty" of its school of law employing 3 law clerks of a judge of a federal appellate court (located within 7 minutes drive from the law school) who was deciding the motion of the Trump administration to stay the injunction on the Executive Order's temporary restriction on immigration right at that time.
That is called corruption, ladies and gentlemen, pure and simple.
And, such corruption calls for impeachment of Justice Ginsburg.
But - how can anybody touch a U.S. Supreme Court justice?
By the way - the University of Hawaii School of Law stalled my Freedom of Information request for records of who paid expenses of Ginsburg, her husband (before his death) and for other judges and members of their families on their trips to the school over the years, by claiming that it is too difficult to provide the records for me unless I pay over $10,000 for their excruciating search work.
Voila - now, Ginsburg and other SCOTUS judges who accept speaking, teaching and other engagements from state universities all over the country, and specifically from the State University School of Law of Hawaii - rule in favor of the State of Hawaii, upholding the illegal injunction on the President's immigration executive order.
No recusal because of her multiple statements spewing hatred against President Trump, before and dafter his elections.
No recusal because of her interesting, Hawaii State-paid trip to the State University of Hawaii School of Law, to meet in private with the "faculty" that included 3 law clerks of a judge who was deciding a case in favor of state universities benefiting from higher tuition from enrolled foreign students.
Instead, a ruling hailed as positive by the press, which was obviously corrupt and bought by YEARS of free wining-and-dining all expenses paid trips to the resorts of Hawaii, by nearly ALL judges of the U.S. Supreme Court.
Now, the unanimous ruling of the corrupt court did throw a bone to the president, by allowing him to do his job under the Immigration and Nationality Act in all cases where people whose travel to the U.S. the President restricts do not have a "bona fide relationship with a person or entity with the United States". And continued the injunction in favor of those individuals where there is such a "bona fide relationship".
Consider this - the case that the U.S. Supreme Court chose "in its discretion" to hear has as a party - coincidentally, of course - the State of Hawaii that has been paying, out of taxpayer pockets, for all-expenses-paid trips to Hawaii and vacationing on the ocean in grand style of all U.S. Supreme Court justices, for decades.
And, consider this - that this same court, as of June 12, 2017, has ruled unanimously that it has no authority to amend an Act of Congress - remember the "revolutionary" decision of Judge Gorsuch in favor of debt collectors?
Now, follow their hands in how they actually DO amend the Act of Congress in favor of those who pay them "in kind" bribes - as well as direct monetary bribes, such as universities across the country regularly paying US Supreme Court justices money for additional "teaching" or "speaking" jobs.
First, the elephant in the room was STANDING - a jurisdictional issue.
Standing of foreigners outside of the United States to contest not being allowed into the United States.
The Immigration and Nationality Act allows the President an unlimited discretion to exclude people from the U.S. borders based on assessment of their security risk, including a country security risk - same as the U.S. Supreme Court, through an Act of Congress, obtained for itself in 1925 an unlimited discretion to hear or not to hear appeals (in order not to address its entire caseload, but only to use their job to help friends, in exchange for benefits).
According to multiple rulings of the same U.S. Supreme Court, there is no standing of non-citizens located outside of the U.S. to contest a denial of entry into the U.S.
The Immigration and Nationality Act has no exemption for people who have "a bona fide relationship with a person or entity within the U.S."
And, the rule of no standing to foreigners outside of the U.S. cannot be miraculously changed by giving standing to the same people on the basis of their connection to people within the U.S., or by giving standing to people within the U.S. to contest restrictions on entry of foreigners outside of the U.S.
Not that the SCOTUS judges, obviously aspiring for new expenses-paid trips to Hawaii and other places, care about the law.
They had a job to do, the job they were bribed - oops, paid - oops, you understand - to do.
So, they created this interesting rule about the injunction applying not only to petitioners (who themselves had no standing, because they were not foreigners outside of the U.S. seeking entry), but also to all "similarly situated individuals" - even though cases in question were not certified as a class action.
But, again, who cares about the rule of law when you have a job to do to secure future all expenses paid trips, speeches, engagements, free book advertisements, additional teaching jobs, etc.?
You know how the U.S. Supreme Court addressed the threshold, central, focal, fundamental, jurisdictional issue of standing?
It didn't address the issue at all, it ignored the issue.
I encourage my readers to word-search the text of the U.S. Supreme Court for the word "standing".
The word "standing" is used there twice, in both cases when the U.S. Supreme Court mentions that the government raised the issue of standing.
Once the word standing is used here:
And once here:
The court does not even attempt to discuss or resolve that threshold issue - like it does not exist.
Because, had it addressed the issue of standing, it would have had to dismiss the case, with sanctions against attorneys who brought it, for frivolous conduct.
The Immigration and Nationality Act gives no standing to states to contest denial of entry to foreign nationals - whether they are state universities' prospective students, employees or relatives of state residents.
Neither does the Immigration and Nationality Act give such standing to individuals within the country to contest denial of visas to competent foreign relatives outside the country.
As an example, try doing something on behalf of your relative in court - on behalf of a mother-in-law (as the U.S. Supreme Court allowed to Dr. Elshikh):
There is no such thing in the U.S. jurisprudence as a standing to sue on behalf of an in-law - when the in-law in question does not a standing of her own.
In fact, representation of a relative in court without a power of attorney (and there is no indication that Dr Elshikh sued on behalf of his mother in law on any kind of a power of attorney, not to mention that suing on the basis of a POA can be done only when the person on whose behalf you are suing has her own standing to sue) is considered a crime of unlawful practice of law. PRACTICING LAW.
So, did Dr Elshikh and "similarly situated individuals" engage, under the current laws of all jurisdictions in the U.S., in the crime of unauthorized practice of law when they sue on behalf of their relatives?
And, apparently, the U.S. Supreme Court, the top regulator of the practice of law in the country, does not care.
Because, when your palm is well greased and you have an unlimited power, you will invent the law that the greasers needed. Right?
And that's what was done.
Now Dr Elshikh and "similarly situated individuals" now, according to the ruling of the corrupt U.S. Supreme Court, in exchange for all-expenses-paid trips to the Hawaii Oceanside by justices and their families, now has a right to sue on behalf of their relatives, no matter how such a "right" violates the existing law.
So, the court gave third parties without standing to sue on behalf of foreigners outside of the U.S., who also do not have standing, the right to contest authority of the President of the U.S. clearly delineated by an Act of Congress, in order to secure its own freebies from state universities and colleges.
And that was done without ANY discussion and without ANY resolution of the issue of standing.
So, standing was invented where no standing existed, without discussion of standing.
And, an exemption as to "bona fide relationship with an individual or entity within the U.S." - an extremely vague and overbroad concept - was created by the court as an amendment to the Immigration and Nationality Act exactly 2 weeks after the court, in a previous case, acknowledged that it has no authority to amend an act of Congress (and that is true, according to the Article I and III of the U.S. Constitution that EVERY SINGLE U.S. Supreme Court "justice" is sworn to uphold).
A unanimous decision that the press is drooling over.
It is apparent that the U.S. Supreme Court, the way it exists today, in its "discretionary" capacity, is a corrupt and useless/harmful organization that needs to be dissolved and re-instituted with a mandatory caseload, enough judges to handle it, and strict prohibitions on corrupting such judges into making decisions that make no sense - but favor those who greased the judges' palms.