Supreme Court

WichitaLiberty.TV: Judicial selection in Kansas

WichitaLiberty.TV: Judicial selection in Kansas

In this episode of WichitaLiberty.TV: Attorney Richard Peckham joins Karl Peterjohn and Bob Weeks to discuss judicial selection and other judicial issues in Kansas. View below, or click here to view at YouTube. Episode 176, broadcast December 16, 2017. Shownotes Richard J. Peckham: Four justices should be voted out of office
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Did the Kansas Supreme Court read these cases?

Did the Kansas Supreme Court read these cases?

The merit system of judicial selection in Kansas has sprung a leak, finds the United States Supreme Court. One of the purported benefits of the merit system of judicial selection in Kansas is that it produces quality jurists who rule on the law, not on their personal beliefs or ideologies. But a recent case shows otherwise. Following, a selection of dialog between Kansas Attorney General Derek Schmidt and United States Supreme Court Justice Antonin Scalia:[1. Oral arguments in Kansas v. Gleason and Kansas v. Carr, October 7, 2015. http://www.supremecourt.gov/oral_arguments/argument_transcripts/2015/14-452_b18j.pdf.] JUSTICE SCALIA: Did the Kansas Supreme Court read these cases? MR.…
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The unprecedented campaign against free speech

The unprecedented campaign against free speech

The political left's campaign to silence opponents and reorder society in accordance with their personal beliefs is in many ways the single greatest threat to America's experiment in self-governance, writes Mark Holden. The unprecedented campaign against free speech By Mark Holden. Originally published in The Hill. The liberal Supreme Court Justice Oliver Wendell Holmes once warned of the biggest danger facing free speech: "If you have no doubt of your premises or your power, and want a certain result with all your heart, you naturally express your wishes in law, and sweep away all opposition." Yet many lawmakers today are…
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WichitaLiberty.TV: Keen Umbehr

WichitaLiberty.TV: Keen Umbehr

In this episode of WichitaLiberty.TV: Keen Umbehr is an attorney from Alma. Besides setting a precedent protecting free speech in the United States Supreme Court, he's an advocate for criminal justice reform and a former candidate for governor. View below, or click here to view at YouTube. Episode 118, broadcast May 1, 2016. Shownotes Keen Umbehr on Facebook The U.S. Supreme Court case: Board of County Commissioners, Wabaunsee County, Kansas v. Umbehr. Small Town Showdown, the true story of Keen A. Umbehr, a trashman who dared to challenge the powers that be in his hometown of Alma, Kansas, population 850.…
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Kansas Attorney General Derek Schmidt

Kansas Attorney General Derek Schmidt

Kansas Attorney General Derek Schmidt spoke to members and guests of the Wichita Pachyderm Club on January 22, 2106. He addressed cases before the Kansas and United States Supreme Courts, including the Wichita marijuana case and the Carr Brothers appeal. This is an audio presentation.
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In Kansas, politics may now cure its own harm

I don’t care who does the electing so long as I do the nominating. -- William “Boss” Tweed, political boss of Tammany Hall Critics of Kansas Governor Sam Brownback point to his nomination of a confidant to the Kansas Court of Appeals as evidence of politics trumping the -- purportedly -- merit-based selection process formerly in place. The previous process, however, was nothing if not political. Its defenders -- the state's legal profession -- denied that, but they were in charge of the process. In fact, the reason that Caleb Stegall, the current nominee, is not already on the bench…
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Special interests will capture south-central Kansas planning

Special interest groups are likely to co-opt the government planning process started in south-central Kansas as these groups see ways to benefit from the plan. The public choice school of economics and political science has taught us how special interest groups seek favors from government at enormous costs to society, and we will see this at play over the next few years. Sedgwick County has voted to participate in a HUD Sustainable Communities Regional Planning Grant. While some justified their votes in favor of the plan because "it's only a plan," once the planning process begins, special interests plot to…
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Wichita City Council can’t judge airport contract

On Tuesday the Wichita City Council will conduct a hearing for review of the award of a contract for the construction of the new Wichita Airport terminal. But because of relationships between nearly all council members -- especially Wichita Mayor Carl Brewer -- and one of the parties to the dispute, the city council should not participate in this decision. The contract, worth about $100 million, was awarded to Dondlinger and Sons and its partner. Dondlinger has built many large projects, including INTRUST Bank Arena. But the city then ruled that Dondliger's bid is "unresponsive." The reason is that Dondlinger…
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In Kansas, planning will be captured by special interests

The government planning process started in south-central Kansas will likely be captured by special interest groups that see ways to benefit from the plan. The public choice school of economics and political science has taught us how special interest groups seek favors from government at enormous costs to society, and we will see this at play again over the next few years. This week the Sedgwick County Commission voted to participate in a HUD Sustainable Communities Regional Planning Grant. While some justified their votes in favor of the plan because "it's only a plan," once the planning process begins, special…
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Kansas and Wichita quick takes: Monday March 26, 2012

Pachyderms to feature talk on sustainable development. This Friday (March 30rd) the Wichita Pachyderm Club features Tom DeWeese, President, American Policy Center, speaking on U.N. Agenda 21: Sustainable Development. Tom DeWeese is one of the nation’s leading advocates of individual liberty, free enterprise, private property rights, personal privacy, back-to-basics education and American sovereignty and independence. ... The public is welcome and encouraged to attend Wichita Pachyderm meetings. For more information click on Wichita Pachyderm Club. ... The club has an exceptional lineup of future speakers as follows: On April 6th: Jordan A. Poland, who will discuss his Master of Arts…
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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’s 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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