Posts Tagged → California
US Supreme Court decides straight forward case with weird outcomes
Fernandez v. California was decided yesterday by the US Supreme Court. Everything about it is just…weird.
In a holding that is enraging advocates of private property rights, limited government, and citizen privacy, the Court’s conservatives were joined by two liberals to allow the police to enter a private home without a warrant, even if one resident says they cannot enter, because another resident said they could enter.
In other words, if the police get a resident of a home to grant permission to enter that home for the purpose of searching for something illegal, which the police now do not have to specify in writing, the police may enter. What they are looking for could be unknown, or undocumented. Maybe they are on a fishing expedition, just looking for anything they could use against the person who said they did not want the police to enter. It seems like planting evidence would be a lot easier, now. In any event, your home is no longer your castle, if a pissed off teenager inside decides to take out their misplaced teenage aggression against their loving parents.
Seems like a recipe for disaster.
Justice Ginsburg wrote a dissent, noting the obvious erosion in Fourth Amendment rights against illegal searches and seizures that result from holdings like this. Ginsburg is the court’s most liberal member, an extremist who has spoken out against the US Constitution she is sworn to uphold, and an authoritarian statist who otherwise just loves, loves, loves state power over citizens.
And here’s the really weird stuff: The facts involve “illegal guns,” which in California is anything down to and including a Daisy BB gun, and documented domestic violence.
The person blocking the police from entering the home to search it was the Mr. Wife-Beating Fernandez, a scumbag who held his cringing wife prisoner under brutal circumstances. After he was momentarily out of the picture and not a direct threat, she allowed the police to search the house, where they found the illegal guns (let’s be clear – California is on the path to making all gun ownership illegal, except by the police, which is otherwise known as a police state, a separate topic).
Thus did Mr. Macho Wife Beater get into even more and more serious trouble with the legal system, and thus did he subsequently attempt to suppress the evidence the police found, which really put him away behind bars for a while.
Ginsburg and other liberals typically trumpet the rights of domestic abuse victims, but here they are clearly ranking them beneath the rights of the gun-owning wife beater. Weird.
Conservatives like Alito typically champion the rights of gun owners and are split 50/50 on privacy rights. But here they are so obviously opening up the flood gates of potential abuse by police. No warrant? No documentation for probable cause? Husbands and wives typically cannot testify against each other, but here they are now allowed to defy one another in the family ‘castle’ so the state apparatus may enter at will.
Seems like a pretty huge detonation of American citizens’ privacy rights. Weird.
California Pulls a High Tech ‘Yosemite Sam’ Move
Yosemite Sam is, or was, a colorful rootin’ tootin’ California cowboy created by Warner Brothers Cartoons. Based on the ’49er image of a rough ‘n ready gunslinger, Yosemite Sam occasionally shot himself in the foot while Bugs Bunny casually outwitted him. Testing brains versus brawn, these classic cartoons lampooned trigger happy meat heads and, as always, elevated the higher valued brain power of the waskilly rabbit (rascally rabbit, as pronounced by another trigger happy meat head, Elmer Fudd). Using that proven Hollywood method of powerful if subliminal suggestion, the cartoons’ message was clear to impressionable little kids and meat heads alike: Use your head, you’ll do better.
Fast forward 70 years to the home of Yosemite, the supposedly golden state of California. Yesterday, that Liberal-laden welfare state signed into law a new tax on Internet sales. Because interstate commerce is constitutionally protected above individual states’ financial interests, taxes on Internet sales aren’t really legal or legit. Most consumers take some risk when they purchase online, and the absence of state taxes (a huge 8.75% in California), is an overall small but relatively large reward for taking that risk. Returning items by mail costs buyers money, and not paying sales tax offsets those costs.
Well, here we are, many decades after California became one of America’s premier economies, and the elected officials of that once-great state have decided to return to the 1700s way of doing business rather than embrace technology, mobile consumers, and the blurring of boundaries everywhere (like they enjoy the blurred boundary between California and Mexico, a blur long sought and much enjoyed by Liberals everywhere). Rather than leveraging technology to work for California, in this instance, California Democrats choose to take the one-dimensional approach to gathering revenue. Taxing Internet sales was projected to gather about $200 million annually, but with amazon.com and other big Internet sellers immediately ending their high-tech advertising relationships there, the state is now projected to lose about $135 million in taxes paid by the owners of those advertising businesses. And because many of those owners have said that they will now relocate to a nearby state without Internet sales tax, California loses those tax payers as well as the creative brain power that those entrepreneurs brought to the state.
Like all mis-named “progressives,” Liberals are ultimately interested in just one thing, and that is power. Like Yosemite Sam of old, the California Democrats behind this foolish move understand power alone, and by golly, they will exercise power simply because they can. For the simple sake of having it and demonstrating to all around that they have it. But like Yosemite Sam, California has shot itself in the foot. The net result of their Internet tax appears to be just about a complete wash, with the added loss of yet more smart working people from the state.
Like their ideological counterparts in North Korea and China and Russia, California’s Democrats are most satisfied to exercise power for power’s sake, regardless of the collateral damage. Shooting themselves in the foot never felt so good, except for the entrepreneurs and remaining taxpayer left behind in the growing exodus of brain power leaving that Statist state.
Hopefully, my own home state of Pennsylvania, also long a haven for high taxes and unfavorable business conditions, will find a way to take advantage of the Yosemite Sams now running California government, and funnel their loss into Pennsylvania and make it our gain.