NINOMANIA
:: A constitutional law blog by Scalia/Thomas fan David M. Wagner, M.A., J.D., Research Fellow, National Legal Foundation, and Teacher, Veritas Preparatory Academy. Opinions expressed here are those of the author and do not reflect those of the NLF or Veritas. :: bloghome | E-mail me ::
:: Tuesday, April 29, 2008 ::
The Scalia-Garner book on app. ad. is out!
:: David M. Wagner 7:13 PM [+] ::
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In southeastern Virginia today, we're not in Kansas anymore -- yet. One more tornado and we might be. Here at Regent, our prayers go out to the injured, the displaced, the families of the dead -- and, um, yeah, to the dead, though I guess that's more controversial. (Doesn't anyone read First Maccabees? -- Oh, right....)
:: David M. Wagner 6:57 PM [+] ::
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:: Friday, April 18, 2008 ::
Prescribing what shall be orthodox
The judge in the Texas polygamist "sect" case has found in favor of continued state custody for the children, at least so far.
One remarkable fact is that the finding is based on no proven abuse, but only on the asserted strangeness of the sect's beliefs. With a hat-tip to Eugene Volokh, I would draw attention the following lines from this story:Under cross-examination, state child-welfare investigator Angie Voss conceded there have been no allegations of abuse against babies, prepubescent girls or any boys.
But her agency, Child Protective Services, contends that the teachings of the FLDS — to marry shortly after puberty, have as many children as possible and obey their fathers or their prophet, imprisoned leader Warren Jeffs — amount to abuse.
There you have it. No abuse -- not even "allegations of abuse" -- but a big problem with "the teachings of" the sect.
In West Va. Bd. of Ed. v. Barnette, Justice Jackson said for the Court:If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion, or force citizens to confess by word or act their faith therein.
However celebrated, this dictum was always blather, and its blatherdom has been demonstrated again today.
:: David M. Wagner 9:51 PM [+] ::
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:: Wednesday, April 16, 2008 ::
:: David M. Wagner 2:52 PM [+] ::
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:: Saturday, April 12, 2008 ::
Historical portions of Everson and Engel = American History in 30 Seconds with Bunnies
:: David M. Wagner 3:32 PM [+] ::
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:: Monday, April 07, 2008 ::
From Slate: Scalia on brief-writing
:: David M. Wagner 11:34 AM [+] ::
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:: Wednesday, April 02, 2008 ::
A post by about Erie that I might want to come back to later, so I'm posting it here
:: David M. Wagner 1:48 PM [+] ::
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:: David M. Wagner 7:13 PM [+] ::
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:: David M. Wagner 6:57 PM [+] ::
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The judge in the Texas polygamist "sect" case has found in favor of continued state custody for the children, at least so far.
One remarkable fact is that the finding is based on no proven abuse, but only on the asserted strangeness of the sect's beliefs. With a hat-tip to Eugene Volokh, I would draw attention the following lines from this story:
Under cross-examination, state child-welfare investigator Angie Voss conceded there have been no allegations of abuse against babies, prepubescent girls or any boys.There you have it. No abuse -- not even "allegations of abuse" -- but a big problem with "the teachings of" the sect.
But her agency, Child Protective Services, contends that the teachings of the FLDS — to marry shortly after puberty, have as many children as possible and obey their fathers or their prophet, imprisoned leader Warren Jeffs — amount to abuse.
In West Va. Bd. of Ed. v. Barnette, Justice Jackson said for the Court:
If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion, or force citizens to confess by word or act their faith therein.However celebrated, this dictum was always blather, and its blatherdom has been demonstrated again today.
:: David M. Wagner 9:51 PM [+] ::
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:: David M. Wagner 2:52 PM [+] ::
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:: David M. Wagner 3:32 PM [+] ::
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:: David M. Wagner 11:34 AM [+] ::
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:: David M. Wagner 1:48 PM [+] ::
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