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This Day in Liberal Judicial Activism -- August 26

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Leroy N. Soetoro

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Aug 27, 2018, 1:45:23 PM8/27/18
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https://www.nationalreview.com/bench-memos/this-day-in-liberal-judicial-
activism-august-26/

2009—In what Fourth Amendment expert Orin Kerr describes as the “most
free-wheeling, ‘look ma no hands’ legal decision I’ve read in a long
time,” a limited en banc panel of the Ninth Circuit, in a majority opinion
by Chief Judge Alex Kozinski (in United States v. Comprehensive Drug
Testing, Inc.), announces a set of new rules governing searches and
seizures of electronic records. Among the rules: “Magistrates should
insist that the government waive reliance upon the plain view doctrine in
digital evidence cases.”

In his partial dissent, Judge Carlos Bea complains that the majority’s
“bright-line diktats” effect a “dramatic doctrinal shift” in a “rapidly
developing area” and that the majority should instead have limited its
decision “as precisely as possible to the case at hand.” Kerr observes
that the court’s “laundry list of brand-new rules, introduced with no
citations to any authority,” reminds him of the Warren Court’s inventions
in Miranda v. Arizona.

One year later, in response to the Department of Justice’s petition for
full en banc rehearing, the en banc panel will quietly amend its opinion
to eliminate the set of new rules.


--
Donald J. Trump, 304 electoral votes to 227, defeated compulsive liar in
denial Hillary Rodham Clinton on December 19th, 2016. The clown car
parade of the democrat party ran out of gas and got run over by a Trump
truck.

Congratulations President Trump. Thank you for cleaning up the disaster
of the Obama presidency.

Under Barack Obama's leadership, the United States of America became the
The World According To Garp.

ObamaCare is a total 100% failure and no lie that can be put forth by its
supporters can dispute that.

Obama jobs, the result of ObamaCare. 12-15 working hours a week at minimum
wage, no benefits and the primary revenue stream for ObamaCare. It can't
be funded with money people don't have, yet liberals lie about how great
it is.

Obama increased total debt from $10 trillion to $20 trillion in the eight
years he was in office, and sold out heterosexuals for Hollywood queer
liberal democrat donors.
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