Opinion The courts cannot save the republic — but we can
Bulgaria, EU's least vaccinated nation, faces deadly surge
VELIKO TARNOVO, Bulgaria (AP) — Standing outside the rundown public hospital in Bulgaria's northern town of Veliko Tarnovo.VELIKO TARNOVO, Bulgaria (AP) — Standing outside the rundown public hospital in Bulgaria's northern town of Veliko Tarnovo, the vaccination unit's chief nurse voices a sad reality about her fellow citizens: “They don’t believe in vaccines.
Following President Joe Biden’s announcement of a slew of vaccine mandates for private-sector employees, federal workers, federal contractors, and so on, many have decried the illegality of such mandates.
Whether these policies sink or swim will soon rest with our courts. It’s a blissful safeguard to have, but the emphasis on legal authority misses a serious threat. Let’s assume our Constitution speaks little to the government’s authority to limit freedoms in times of true national emergency and to lighten those restrictions for those deemed lesser risks.
Federal Courts Impose Mask Mandates While Some Hear Arguments They Are Unconstitutional
"It's completely preposterous that someone who is suing to overturn a mask mandatewould be ordered to go into court wearing a mask," Lucas Wall said.As in-person hearings and trials resume at courthouses around the U.S., the recent surge in cases from the Delta variant has caused some federal courts to require masks and either a negative COVID-19 test or proof of vaccination.
The underlying question is: Do we trust our selection of leaders to define a national emergency appropriately and identify who poses a greater or lesser risk to others?
Without our commitment to preserving our nation, in the wise words of Learned Hand, "no constitution, no law, and no court" can save us. When our Founding Fathers trusted us with self-governance, they did so with an asterisk. In the Federalist Papers, James Madison argued that "without sufficient virtue," self-government was unattainable, and "nothing less than the chains of despotism" can restrain the people "from destroying and devouring one another." President John Adams too warned our young nation: "Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other."
Circuit Judge Criticized for Footnote Comparing His Colleagues to Career Criminals with Rap Sheets
A judge who cried during his confirmation hearings when quizzed about his record on LGBTQ issues just compared his colleagues on the bench to criminals. The post Circuit Judge Criticized for Footnote Comparing His Colleagues to Career Criminals with Rap Sheets first appeared on Law & Crime.U.S. Circuit Judge Lawrence VanDyke, who sits on the Ninth Circuit Court of Appeals, penned a lengthy dissent in a case about the Antiterrorism and Effective Death Penalty Act (AEDPA) of 1996.
We’re in trouble.
Even if our courts save us from today’s government tyranny, the institutions that teach and uphold virtue from generation to generation are crumbling. For example, throughout the 20th century, roughly 70% of people in America belonged to a religious congregation, and now, the number is below 50%. As for cultivating morals in the home, that too highlights a crisis. The United States has the highest rate of children living in single-parent families out of a survey of 130 countries. One-parent households are by no means less virtuous, but one person simply has less time. And if morality is bred by the daily habit of being a good neighbor, social media and COVID-19 have separated us.
Under the shadow of this declining moral structure, our coronavirus policies have grown more despotic and senseless by the day. As Bill Maher asked, why should he be regulated like a high-risk obese person? Because senselessness has replaced safety as the main point.
Putin observes war games with Belarus that worry neighbors
MOSCOW (AP) — Russian President Vladimir Putin has observed military exercises being conducted in coordination with Belarus that have raised concerns in bordering countries. Putin on Monday attended exercises at a training ground in the Nizhny Novgorod region, 450 kilometers (275 miles) east of Moscow. The exercises included what the Defense Ministry said was the first use in a combat environment of two new robotic fighting vehicles that are equipped with machine guns and grenade launchers.
Lockdown proponents have created morality where we and our institutions have left a void — masking and vaccines are defined as morally good. Arbitrarily defining "the good" generates a cycle of power and control. People who oppose lockdown policies are bad, leading lockdown leaders to win elections and raise the "morality" bar ever higher. The elongated pandemic emergency, with its mandates and explosion of the welfare state, has shown us liberal leaders are not capable of defining a national emergency or identifying who or what presents a risk to our nation.
We let our liberal politicians define right and wrong for the sake of winning elections and power. Transferring moral definitions out of the hands of liberal politicians requires that we rediscover true morals to replace the fake ones. With our churches emptied, our families broken, and our neighborhoods masked, there may be one institution salvageable: our schools.
Sadly, they’ve discarded Advanced Placement classes and grades in favor of critical race theory and gender fluidity and force kindergartners to sit alone and eat. There is hope, however. The immense recent engagement at school board meetings and the emergence of school choice as a necessary policy should give us some hope. In a functioning school, children can learn about the founding principles, delayed gratification, and integrity. They can develop a set of morals. Given the influence our schools have on the future of our nation, it’s our duty to preserve them.
Despite COVID-19, South Africa to hold key local polls
JOHANNESBURG (AP) — After uncertainty if COVID-19 would force South Africa to postpone local government elections, the courts have ruled that the crucial polls should move ahead. Despite concerns about political rallies spreading the disease, South Africa's courts ruled earlier this month that the Independent Electoral Commission should hold the polls on November 1. The elections may see erosion of support for the ruling party, the African National Congress party, which failed to register candidates in about 90 municipalities across the country before the deadline.
Our courts and a cadre of lawyers will take on the battle for our nation today. But the victory will be short-lived unless we rebuild our nation’s institutions to carry virtue to the next generation.
May Davis is a senior fellow at Independent Women's Law Center and a former legal adviser to former President Donald Trump.
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Voting bill seeks to crack down on gerrymandering .
A new voting bill from Senate Democrats seeks to immediately address the most egregiously gerrymandered maps as states begin the once-a-decade redistricting cycle. The latest version of the Freedom to Vote Act seeks to address what courts have long been reluctant to do, giving judges firmer ground for rejecting maps by barring those that unfairly give a significant advantage to one political party.