Judiciary – Phil Cline

When is a Judge not a Judge?

August 28, 2022 by philcline in Blog / Cline on the Constitution / Judiciary

Like, most Americans, I’ve followed the controversy attendant to the F.B.I.’s Raid on former President Trump’s home. Adult responsible conduct seems to be lacking on all sides. Both before the execution of the Search Warrant and afterwards. However, from the first reports, I’ve questioned why on Earth was the warrant issued by a Magistrate rather than a […]

Cline on the Constitution

June 13, 2022 by philcline in Blog / Cline on the Constitution / Judiciary / Presidency

Evidence As the Supreme Court withstands an unprecedented intimidation campaign as it prepares to issue an (official) opinion concerning the continued viability, if you will, of Roe v Wade it would be well to keep in mind what is real and what is not. As people like New York Senator Charles Schumer, who has never met […]

Cline on the Constitution

May 31, 2021 by philcline in Blog / Cline on the Constitution / Judiciary

Freedom of the Press (to Slander, Publish Falsehoods and Lie?) Each day falsehoods, inaccurate information, fabrications and outright lies are published in the media about public officials and ordinary citizens who happen to end up in the public spotlight. The falsehoods are then republished. And republished. And republished. Spreading like a virulent cancer, they can destroy a person’s reputation […]

Cline on the Constitution

May 16, 2021 by philcline in Blog / Cline on the Constitution / Judiciary

The American Constitution and the English Common Law Supreme Court cases interpreting the Constitution make frequent forays into legal history. Not just U.S. history, but to English Common Law. For example, a case decision involving an ordinance prohibiting the open carrying of weapons such as hatchets and swords in England in the 17th century was recently cited in […]

The Texas Lawsuit

December 13, 2020 by philcline in Blog / Cline on the Constitution / Judiciary / Presidency

So, what was the Texas lawsuit all about? With one or two exceptions, I haven’t paid very close attention to the lawsuits filed in some states on behalf of President Trump challenging the election results. A couple of reasons. First, as a former prosecutor, I’m familiar with what it takes to put together an actual […]

Religious Tests

September 27, 2020 by philcline in Blog / Cline on the Constitution / Judiciary

Cline on the Constitution – Religious Tests I posted this discussion right after Amy Barrett appeared in front of the Senate Judiciary Committee after she was nominated for the Federal Appellate Court. There is a high expectation that this outstanding woman will be smeared and vilified in the coming weeks, including undergoing sustained attacks based upon […]

Fear and Qualified Immunity

June 28, 2020 by philcline in Bill of Rights / Blog / Cline on the Constitution / Judiciary

Cline on the Constitution – Qualified Immunity and The Paralysis of Fear We are afraid. Americans, once a proud, robust, hearty people, sometimes stubborn, often stern, cower in fear. College professors are afraid to speak the truth; College Administrators are intimidated by students. It is rare the author, with the fortitude to call a man a […]

Cline on the Constitution

September 8, 2019 by philcline in Blog / Cline on the Constitution / Judiciary

Cline on the Constitution – the Census Question and the Politization of the Court Summer vacation is over, and the Supreme Court’s traditional opening for the new term the first week of October draws nigh. With a brutal campaign for President unfolding the stage is set for what could be a turning point for the Supreme […]

Double Jeopardy

July 21, 2019 by philcline in Bill of Rights / Blog / Cline on the Constitution / Federalism / Judiciary

The Supreme Court recently, and for the first time in a hundred years, issued a definitive opinion on Double Jeopardy. A close reading, however, leaves an impression that the opinion was about more. As privacy issues (such as the “right” to an abortion) make their way back to the Court, this case may provide a road map […]

Cline on the Constitution

July 1, 2019 by philcline in Blog / Cline on the Constitution / Free Speech / Judiciary

While I was on vacation the Supreme Court began to wind down their current term and issue opinions on a few highly anticipated cases. As usual there were a few smart opinions and a few stupid ones. And following the trend over the past decade, a lot of 5-4 votes. Though there has been some discussion that […]

Category: Judiciary