SCOTUS judge: Covid mandates among greatest peacetime intrusions on civil liberties in US history

U.S. Supreme Court justice Neil Gorsuch has criticized the use of emergency powers during the Covid pandemic, stating: "Since March 2020, we may have experienced the greatest intrusions on civil liberties in the peacetime history of this country." 

Gorsuch slams pandemic emergency power as intrusion on civil liberties | The Hill - Zach Schonfield:

May 18, 2023 - "Conservative Justice Neil Gorsuch on Thursday slammed the use of emergency power during the pandemic as a mass intrusion on civil liberties. The high court on Thursday dismissed as moot a case seeking to preserve Title 42 after the pandemic emergency expired last week. The public health authority had allowed for the swift expulsion of migrants without allowing them to seek asylum. 

"Gorsuch, in an attached statement to the court’s unsigned order, more broadly railed against the use of emergency powers since COVID-19 shut down normal life, referencing among other things, lockdown orders, a federal ban on evictions and vaccine mandates. 'Since March 2020, we may have experienced the greatest intrusions on civil liberties in the peacetime history of this country. Executive officials across the country issued emergency decrees on a breathtaking scale,' Gorsuch wrote.

"The conservative justice throughout the pandemic has been a skeptic of how officials leveraged laws that grant additional executive authority during emergencies, often lamenting that COVID-19 was being used as merely a pretext. 'And it is hard not to wonder whether, after nearly a half century and in light of our Nation’s recent experience, another look is warranted,' Gorsuch wrote of those laws.

“'It is hard not to wonder, too, whether state legislatures might profitably reexamine the proper scope of emergency executive powers at the state level,' he continued. 'At the very least, one can hope that the Judiciary will not soon again allow itself to be part of the problem by permitting litigants to manipulate our docket to perpetuate a decree designed for one emergency to address another'....

"After a federal district judge struck down the policy, a group of GOP-led states appealed to the justices in their bid to intervene in the case to defend Title 42. The Supreme Court late last year issued an order allowing Title 42 to stay in effect as they considered the Republican states’ bid. Gorsuch joined the court’s three liberals in dissent, writing that 'the current border crisis is not a COVID crisis.'"

Read more: https://thehill.com/regulation/court-battles/4011035-gorsuch-slams-pandemic-emergency-power-as-intrusion-on-civil-liberties/

SCOTUS Justice Gorsuch criticizes US gov’t abuse of power during pandemic | Straight Arrow News | May 19, 2023:

DeVos picks libertarian for Civil Rights position

DeVos pick for Office of Civil Rights opposes racial preferences, feminism – TheBlaze - Brandon Morse:

April 17, 2016 - "Candice Jackson, 39, is an attorney who graduated with honors from Stanford University. She got her law degree after graduating — with honors again — from the Pepperdine University School of Law. Since 2002, Jackson has been practicing law, specializing in entertainment and politics.

"She’s now been hired as the deputy assistant secretary in the Office for Civil Rights. Since this position requires no senatorial approval, Jackson will act as head of the office until the position can be filled by an approved nominee.

"But ... Jackson once wrote that she once suffered discrimination on campus because she was white. This discrimination occurred when she attempted to seek help with her advanced calculus class ...  but she was rejected because [the program] would only allow in minority students.

"'I am especially disappointed that the University encourages these and other discriminatory programs,' she wrote in the Stanford Review.... 'As with most liberal solutions to a problem, giving special assistance to minority students is a band-aid solution to a deep problem,' she would later write. 'No one, least of all the minority student, is well served by receiving special treatment based on race or ethnicity.'

"Jackson stands opposed to race-based programs, and focuses more on individual liberty. She did a summer fellowship at the Ludwig von Mises Institute, a think tank of free market Libertarian scholars. While at the Mises Institute, she gave some editorial assistance to a book consisting of a collection of essays put together by Murray N. Rothbard, the institute’s co-founder.

"Rothbard opposed mandated schooling, as he wrote in his 1999 book, Education: Free and Compulsory.... Rothbard also opposed the Civil Rights Act of 1964, calling it 'monstrous,' though not for racially prejudiced reasons.... Jackson, a fan of Rothbard’s work ... wrote of his 1982 book, The Ethics of Liberty, that it 'shines as a monumental achievement, meeting Rothbard’s goal of setting forth ‘a positive ethical system … to establish the case for individual liberty’....

"In ... another article penned for the Review during her senior year, entitled, 'How I Survived Stanford Without Entering the Women’s Center,' she condemned feminism on campus....

"'In today’s society, women have the same opportunities as men to advance their careers, raise families, and pursue their personal goals,' she wrote. 'College women who insist on banding together by gender to fight for their rights are moving backwards, not forwards.'"

Read more: http://www.theblaze.com/news/2017/04/17/devos-pick-for-office-of-civil-rights-opposes-racial-preferences-feminism/
'via Blog this'

Alan Borovoy, civil libertarian (1932-2015)

In memoriam: Alan Borovoy, 1932-2015 - NOW Toronto Magazine - Think Free - Bernie Farber:

"Alan Borovoy General Counsel Emeritus of the Canadian Civil Liberties Association (CCLA), probably Canada’s best-known defender of civil rights, a human rights driver in a career spanning more than 60 years fighting for the little guy, has died.

"Alan was a man of deep principle, stark honesty, razor wit and man with a whole lot of heart for the most vulnerable amongst us.... His fights were often lonely, though arguably he relished being the lone fighter for a cause he believed in. He took on popular concepts that were populated by unpopular people. He cherished freedom of speech as an absolute and in order to defend the concept against new hate laws he had to bear hateful anti-Semites and Holocaust deniers....

"Growing up as a young boy in the downtown core that was the home of many other Jews in the 1930s and 40s, Borovoy learned firsthand what it meant to be a minority. It led him into seeing the world for what it was and his goal was always to try and level the playing field.

It was while he was at the University of Toronto that political schisms most dominated the Canadian Jewish scene. A young Canadian Jewish activist community became fertile ground for an even younger and altruistic Borovoy. He saw how communism could become a destructive force and railed against it, but always with the view to achieve what he called 'a responsible anti-communism'....

"As editor of a Jewish university newspaper, Borovoy held strong to his conviction that free speech trumped everything. He advocated strongly in favour of a letter written by a Communist sympathizer. The establishment came down on him like a ton of bricks but he held strong.

"But perhaps his most controversial stand was as an opponent of Canada’s anti-hate laws. This put him on the outs with the leadership in the Jewish community which strongly supported it. When confronted about the evil of hatemongers, Borovoy’s favorite retort was that 'They should be left to wallow in the obscurity they so richly deserve'....

"And so it went throughout Alan Borovoy’s tumultuous career. Whether it was our nation’s struggle with national security or victimized minorities fight for decent housing; whether it was challenging the police complaints procedures or his battles with the Quebec government over the Oka crisis, Alan Borovoy was our moral barometer."

Read more: https://nowtoronto.com/news/in-memoriam/in-memoriam-alan-borovoy-1932-2015/
'via Blog this'

Progressives libel libertarians over discrimination laws

Explaining the libertarian position on antidiscrimination laws - The Washington Post - David Bernstein:

April 2, 2015 - "With the recent and continuing hulabaloo over conflicts between antidiscrimination laws and freedom of religion, the charge inevitably arises that anyone who is opposed to, or even skeptical of, antidiscrimination laws that apply to private parties – which means most people who identify themselves as libertarians – is effectively not pro-liberty, but pro-discrimination.

"The most serious charge has been that libertarian skepticism of antidiscrimination laws that apply to private entities reflects, at best, insensitivity to race discrimination.  One blogger, reflecting a significant swath of progressive sentiment, argued that no matter how committed to racial egalitarianism any individual libertarian claims to be, 'Libertarianism is a racist philosophy. Libertarians are racists.'

"This is a rather odd criticism. For both philosophical and utilitarian reasons, libertarians are presumptively strongly opposed to any government regulation of the private sector.  It naturally follows that libertarians presumptively oppose restrictions on private sector discrimination.  It’s hardly an indication of racial animus, or even insensitivity, for libertarians to enunciate the exact same position on antidiscrimination laws that they take in all other contexts.

"The progressive libel of libertarians as racial troglodytes for their consistent defense of private-sector autonomy is ironic, given that similar illogic has so frequently been used against modern liberals.  When liberals defended Communists’ free speech and employment rights in the 1950s, their critics accused them of being Communist sympathizers, if not outright Communists.  More recently, progressives have been accused of being American-hating jihadist sympathizers when they stood up for the rights of terrorism suspects.  Critics have even charged civil libertarians with abetting racism for opposing hate speech laws.....

"While minorities can generally find productive economic niches in even highly prejudiced but market-oriented societies, there is no safe haven for minorities if racist ideas dominate politics and lead to harsh discriminatory legislation.

"Also, a free economic market protects minorities from discrimination to some degree because businesspeople have an economic incentive to hire the most productive workers and to obtain the most customers. By contrast, individual voters and political activists have no corresponding incentive to overlook or overcome their personal prejudices. Concern for the financial bottom line mitigates the temptation of economic entrepreneurs to discriminate; concern for the electoral bottom line, meanwhile, often leads politicians to stir up resentment against minorities."

Read more: http://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/04/02/explaining-the-libertarian-position-on-antidiscrimination-laws/
'via Blog this'

Rand Paul: We must defend the rights of all

Rand Paul’s Starkly Libertarian CPAC Speech: We Must Defend the Rights of All | Mediaite - Andrew Kirell:

March 7, 2014 - "In his address before the Conservative Political Action Conference on Friday, Sen. Rand Paul (R-KY) took a decidedly libertarian stance on issues of surveillance, the Fourth Amendment, executive overreach, and wrongful imprisonment.

"'We won’t trade our liberty for security,' Paul said, setting the overarching theme of the speech: 'Not now, not ever.'

He railed against the National Security Agency’s controversial phone metadata collection, telling the crowd: 'If you have a cell phone, you are under surveillance. I believe what you do on your cell phone is none of their damn business.'

"'There is a great battle going on, it’s for the heart and soul of America,' he urged to the crowd. 'The Fourth Amendment is equally as important as the Second Amendment, and conservatives cannot forget this.

"At another point, Sen. Paul quoted Pink Floyd’s 'Wish You Were Here' to attack President Obama‘s equivocating on civil liberties issues.

"He also emphasized to the audience that any minority of thought, color, creed, [or] religion should presume that government would attempt to imprison them wrongfully."

Read more: http://www.mediaite.com/tv/rand-pauls-starkly-libertarian-cpac-speech-we-must-defend-the-rights-of-all/
'via Blog this'

FL Libertarian arrested for wearing sign and handing out flyers without permit

Orlando Sentinel - Local man arrested while protesting red light cameras - Adrienne Cutway:

September 18, 2013 - "66-year-old Mark Schmidter was arrested Saturday in Apopka after an officer spotted him wearing a 'Ban the Cams' sign around his neck and handing out flyers to drivers at the intersection of U.S. 441 and Park Avenue.... Officer Robert Campbell approached Schmidter for violating Florida's statute on obstructing public streets and protesting without a permit.

Because Schmidter hadn't been driving, he didn't have his license with him but he refused to give the officer his name.... Schmidter was placed under arrest, which caused other protesters across the street to 'heckle' the arresting officer....

"Once at the Apopka Police Department, Schmidter still refused to give his name, telling Campbell that he wanted legal counsel and asked to see the law that requires people to identify themselves during a police investigation.... He was charged with obstructing an officer without violence and was given a citation for obstructing public streets."

Read more: http://touch.orlandosentinel.com/#section/-1/article/p2p-77453431/
'via Blog this'

Beware Warrior Cops - John Stossel

Beware Warrior Cops - John Stossel - Townhall.com:

August 21, 2013 - "We need police to catch murderers, thieves and con men, and so we give them special power – the power to use force on others. Sadly, today's police use that power to invade people's homes over accusations of trivial, nonviolent offenses – and often do it with tanks, battering rams and armor you'd expect on battlefields.

"In his book Rise of the Warrior Cop, Radley Balko recounts the rise of police SWAT teams (SWAT stands for Special Weapons And Tactics) armed with heavy military equipment. SWAT raids began as rarely used methods of dealing with violent situations, like hostage-takings.

"But government always grows.... What began as a few specialized groups of police trained to address genuine threats to safety has degenerated into small armies descending on organic farms where farmers sell unpasteurized milk and legal medical marijuana dispensaries getting raided as if they were heavily armed threats."

Read more: http://townhall.com/columnists/johnstossel/2013/08/21/beware-warrior-cops-n1669095
'via Blog this'

NSA vote a sign of House GOP’s growing libertarianism

NSA vote a sign of House GOP’s growing libertarianism | The Daily Caller:

July 30, 2013 - "On Thursday, the day after the House narrowly rejected an amendment to the defense appropriations bill that would have cut funding to the National Security Agency’s mass surveillance programs, New Jersey Governor Chris Christie told reporters that he’s concerned the national counterterrorism debate is drifting in a libertarian direction....

"The so-called Amash amendment would have modified Section 215 of the Patriot Act to prevent security agencies from scooping up telephone metadata on Americans who aren’t under investigation for espionage or terrorism. The amendment failed, 205-217, but not along normal partisan lines: 94 Republicans and 111 Democrats voted for it, and 134 Republicans and 83 Democrats voted against it....

"Of the 129 House Republicans* who entered Congress in January 2009 or later, 65 voted for the Amash amendment, 60 voted against it, and four didn’t vote. Of the 105 House Republicans who entered Congress before the financial crisis, 29 voted for the Amash amendment, 74 voted against it, and two didn’t vote.

"The generational divide that the vote exposed suggests that the Republican Party is moving away from the national-security conservatism that dominated GOP politics in the years following the September 11, 2001, terror attacks."

Read more: http://dailycaller.com/2013/07/30/nsa-vote-a-sign-of-house-gops-growing-libertarianism
'via Blog this'

Rand Paul bolsters libertarian bona fides, delays decision on presidential run

Rand Paul Bolsters Libertarian Bona Fides, Delays Decision on 2016 - Joe Wolverton II, The New American:

May 27, 2013 - "Senator Rand Paul (R-Ky.) has ... told reporters that his decision to seek a second term in the Senate was certain, adding that any decision on a presidential run would 'come later.' Paul echoed these remarks in an interview with The New American, saying that the call on his presidential candidacy wouldn’t come before 2014.

"In the meantime, however, Paul admitted to The New American that he would continue visiting primary states, feeling out the popularity among Republicans of his libertarian-leaning policy positions....

"On May 22, Paul introduced the Preserving Freedom from Unwarranted Surveillance Act of 2013. This measure protects an individual's right to privacy against unwarranted drone surveillance....

"'The use of drone surveillance may work on the battlefields overseas, but it isn't well-suited for unrestrained use on the streets in the United States. Congress must be vigilant in providing oversight to the use of this technology and protection for rights of the American people. I will continue the fight to protect and uphold our Fourth Amendment,' Senator Paul said.

"Paul continued his attempt to prevent federal government violations of the Fourth Amendment, introducing the Fourth Amendment Preservation and Protection Act of 2013. This bill would require government agencies to obtain specific warrants from a judge before snooping into the electronic communications of citizens.

Read more: http://www.thenewamerican.com/usnews/politics/item/15523-rand-paul-bolsters-libertarian-bona-fides-delays-decision-on-2016
'via Blog this'

Americans choose civil liberties over stricter security laws

No Patriot Act II: Americans choose civil liberties over security laws | Harry J Enten | Comment is free | guardian.co.uk:

May 3, 2013 - "Terrorist attacks offer lawmakers an ability to react. After 9/11, the American government decided to go to war in Afghanistan and to enact new laws ... The Patriot Act, for instance.... So, has the Boston bombing opened up an avenue for lawmakers to pursue controversial new anti-terrorism measures that may limit civil liberties?

"Almost certainly not. The latest CNN/Time/ORC poll finds that 49% of Americans are not willing to give up civil liberties in order [to] curb terrorism, while only 40% are. In fact, 61% of Americans are more fearful that the government will overreact to the Boston bombing, compared to 31% who are worried that the government won't act strongly enough.

"Other polls confirm these findings. Just after the attacks, Fox News found that 43% of Americans were willing to give up 'some personal freedom' to reduce the threat of an attack, while 45% were not. A Washington Post poll, from before the bombers were caught, reported that only 41% of Americans were most worried that the government wouldn't go far enough because of constitutional concerns. Almost half of Americans, 48%, were worried the government would go too far and compromise constitutional rights."

Read more: http://www.guardian.co.uk/commentisfree/2013/may/03/americans-choose-liberties-over-security-after-boston
'via Blog this'

Encouraging polling on civil liberties

Encouraging polling on civil liberties - Greg Sargent, The Plum Line, Washington Post:

May 1, 2013 - "A new Post poll finds that a large majority of Americans, 70 percent, support the death penalty for Dzhokhar Tsarnev.... But the ... Lindsey Graham-John McCain crusade to have Tsarnaev tried in a military court doesn’t appear to have exactly caught on.... Seventy-two percent of Republicans, and 71 percent of conservatives, support trying the suspect in the civilian court system....

"And that’s not all! A separate Time/CNN poll finds:

When given a choice, 61 percent of Americans say they are more concerned about the government enacting new anti-terrorism policies that restrict civil liberties, compared to 31 percent who say they are more concerned about  the government failing to enact strong new anti-terrorism policies....

"A plurality of 49 percent — a new high – say they wouldn’t trade civil liberties for security. The effort by Graham and McCain to recreate those glorious post-9/11 anti-civil liberties atmospherics in the wake of the Boston bombings seems to have flopped."

Read more: http://www.washingtonpost.com/blogs/plum-line/wp/2013/05/01/encouraging-polling-on-civil-liberties/
'via Blog this'

The Bill of Rights was written for Dzhokar Tsarnaev

The Bill of Rights was written for Dzhokar Tsarnaev | Washington Times Communities - Tom Mullen:

"TAMPA, April 20, 2013 – 19-year-old Boston Marathon bombing suspect Dzhokar Tsarnaev is in custody. Assuming that Tsarnaev is indeed guilty of these crimes, a very real threat to public safety has been taken off the streets. That’s the good news.

"The bad news is that the Tsarnaev brothers have taken the last vestiges of a free society in America down with them....

"Not only did the militarized domestic law enforcement complex put the City of Boston under martial law, but nobody seems to have found it out of the ordinary, much less outrageous. Yes, a few journalists like libertarian Anthony Gregory raised a finger. But, for the most part, nobody seemed to mind that the entire city was under military siege, complete with paramilitary units in full battle gear, battlefield ordinance and tanks. Tanks!

"How did we get here? 238 years ago to the day, the inhabitants of the very same city started a war and seceded from their union over a mere infantry brigade attempting to disarm them. Now they cheer those who violate their rights much worse than the British ever did."

Read more: http://communities.washingtontimes.com/neighborhood/reawakening-liberty/2013/apr/20/bill-rights-was-written-dzhokar-tsarnaev/#ixzz2R1LGZNNs
'via Blog this'