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Author Topic: Issues in the American Creed (Constitutional Law and related matters)  (Read 260167 times)
ccp
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« Reply #1300 on: March 16, 2016, 03:41:01 PM »



But we on the the right know how that has worked out in the past:

http://www.bustle.com/articles/148207-is-merrick-garland-a-liberal-the-supreme-court-prospects-political-leanings-could-make-him-a-safe
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G M
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« Reply #1301 on: March 16, 2016, 07:48:27 PM »

Big government becomes even more ravenous as the economy sputters and will do what it needs to do to fill it's coffers.
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ccp
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« Reply #1302 on: March 16, 2016, 08:06:29 PM »

From Breitbart on Supreme nominee - it sound like we really don't know how he stands on the issues:
What are the odds that someone from Harvard votes Democrat .  What are the odds that someone who is Jewish votes for Democrats?  What are the odds Obama would nominate someone he interviewed and determined he is to the right of the center.  I know.  Just because he may vote for Democrats does not mean he would be partisan on the SCOTUS.  Just thinking out loud:

5 Facts You Need to Know About Merrick Garland

Merrick B. GarlandThe Associated Press
by JOEL B. POLLAK16 Mar 20163,925
On Wednesday, President Barack Obama nominated Judge Merrick Garland to replace the late Justice Antonin Scalia on the Supreme Court. Here are five quick facts you need to know about Garland.

1. Garland is considered anti-Second Amendment. As the National Review noted last week: “Back in 2007, Judge Garland voted to undo a D.C. Circuit court decision striking down one of the most restrictive gun laws in the nation” and voted “to uphold an illegal Clinton-era regulation that created an improvised gun registration requirement.” Obama will use his pick to pursue a gun control agenda.

2. Garland has favored environmental regulations. As SCOTUSblog noted in 2010: “On environmental law, Judge Garland has in a number of cases favored contested EPA regulations and actions when challenged by industry, and in other cases he has accepted challenges brought by environmental groups.” That could be very important, with Obama’s Clean Power Plan in the balance.

3. Garland’s positions on abortion and social issues are murky. Some liberals are worried that Garland may not be unambiguously pro-choice. Richard Wolf of USA Today writes: “During 19 years at the D.C. Circuit, Garland has managed to keep a low profile. The court’s largely administrative docket has left him without known positions on issues such as abortion or the death penalty.”

4. Garland would maintain the Court’s demographic profile. He is the second Chicagoan Obama has nominated. He is no “wise Latina,” and is the first man Obama has chosen. But Garland, like Scalia, is a graduate of Harvard Law, keeping the number of Crimson justices at five. If confirmed, he would also be the fourth Jew on the Court, preserving the odd exclusion of evangelical Protestants.

5. Republicans have supported Garland in the past. Sen. Orrin Hatch (R-UT)41%
 in particular has been outspoken in his support for Garland as the best Republicans could expect from the Clinton administration. More recently, he suggested he would welcome Garland’s nomination but predicted that Obama would make a more ideological pick. That makes Garland harder for the GOP to oppose.
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ccp
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« Reply #1303 on: March 16, 2016, 09:13:07 PM »

From Levin's Conservative Review.  Apparently Merrick said:

"If you believe in the limits of federal power, then you will be in the minority"

Conclusion =>  this is all we need to know.  The guy is a liberal!

https://www.conservativereview.com/commentary/2016/03/what-conservatives-need-to-know-about-merrick-garland


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G M
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« Reply #1304 on: March 16, 2016, 09:17:30 PM »

From Levin's Conservative Review.  Apparently Merrick said:

"If you believe in the limits of federal power, then you will be in the minority"

Conclusion =>  this is all we need to know.  The guy is a liberal!

https://www.conservativereview.com/commentary/2016/03/what-conservatives-need-to-know-about-merrick-garland



leftist, not liberal.
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DDF
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« Reply #1305 on: March 16, 2016, 09:43:50 PM »

From Levin's Conservative Review.  Apparently Merrick said:

"If you believe in the limits of federal power, then you will be in the minority"

Conclusion =>  this is all we need to know.  The guy is a liberal!

https://www.conservativereview.com/commentary/2016/03/what-conservatives-need-to-know-about-merrick-garland



leftist, not liberal.

I thought the two were the same. What's the difference? I ask in earnest.
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It's all a matter of perspective.
DougMacG
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« Reply #1306 on: March 17, 2016, 12:11:21 AM »

[Leftist, Liberal] "I thought the two were the same. What's the difference? I ask in earnest."

My understanding follows; G M can add to this or correct it.

Liberal is a mis-used term taken by the left for its softer sound.

Liberal, open to new behavior or opinions, synonyms, wide-ranging, broad-based.

Leftism is the orthodoxy of statism that people, especially in certain demographic groups aren't allowed to stray from.

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G M
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« Reply #1307 on: March 17, 2016, 08:46:39 AM »

[Leftist, Liberal] "I thought the two were the same. What's the difference? I ask in earnest."

My understanding follows; G M can add to this or correct it.

Liberal is a mis-used term taken by the left for its softer sound.

Liberal, open to new behavior or opinions, synonyms, wide-ranging, broad-based.

Leftism is the orthodoxy of statism that people, especially in certain demographic groups aren't allowed to stray from.



Exactly.
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Crafty_Dog
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« Reply #1308 on: March 18, 2016, 09:40:24 AM »

http://mediamatters.org/research/2016/03/17/supreme-court-reporters-debunk-judicial-crisis/209359
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Crafty_Dog
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« Reply #1309 on: March 18, 2016, 09:55:20 AM »

Second post

http://www.nytimes.com/interactive/2016/02/18/upshot/potential-for-the-most-liberal-supreme-court-in-decades.html?_r=0
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DougMacG
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« Reply #1310 on: March 18, 2016, 11:37:10 AM »

Comments and questions regarding Merrick Garland:

1)  He is bad on the Second Amendment.  How bad?  I would like to read his opinions.

2)  He is moderate on other things compared to others Pres. O. might have chosen.  How moderate?

3) He has largely hidden his views in hopes of someday getting to this stage.  Yet Obama trusts him to be liberal-left.  What are his views?

4) Republicans could 'slow-walk' this, but then there becomes public pressure to vote and confirm as the guy comes across as smart and qualified.

5) What are the odds that Republicans win the Presidency and the Senate? (Less than 50-50.)

6) And if they won both, or the Pres but not the Senate, what nominee could they get through an angry Democratic Senate that currently needs 60 votes to take a vote?

7) If Hillary wins, will she keep Garland or start over and go younger and further left?

8 ) If Republicans fail to take any action, will that hurt them?  How much?

9) If Republicans who promised no action on this nomination, then act on it, will that hurt them?

10) My sense is this election is going down the tubes and the Senate being too busy to take up a Supreme Court nomination is an excuse only makes it worse.  

11) The other possibility is to take this up, run through the whole process, run out the clock, take a vote, have every Senator vote their own conscience, not give the President the benefit of the doubt on his nominees as you might for a cabinet position.  The standard he should be held to has a name, Antonin Scalia.  

12) What the hell is a "moderate" or "centrist" on the question of whether or not to rip up the words and original meanings of the constitution that you have taken an oath to uphold and replace them with the personal views of a 9 person politburo?  In my view, you are either an originalist/textualist or you are a traitor/saboteur/communist revolutionary.  That he is an ivy league educated, white male who speaks well, is considered centrist and wears business suits doesn't preclude the latter.

The living breathing portion of the constitution is called the amendment process.  Yes, times change, so change the text of the constitution by way of 2/3rds of both chambers of congress 3/4 of the state legislatures, not by selecting five willing elites.  
« Last Edit: March 18, 2016, 12:41:14 PM by DougMacG » Logged
Crafty_Dog
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« Reply #1311 on: March 19, 2016, 02:31:55 AM »

IMHO Reps need to stand firm, even against this politically shrewd choice by Obama and BE HONEST about it, none of this "Let the people decide" crap.

Especially when a nominee would change the balance of the court (as versus a lib replacing a lib or a conservative a conservative) and the country is in the middle of an election, well then wait until the lame duck session.
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DougMacG
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« Reply #1312 on: March 19, 2016, 12:11:23 PM »

IMHO Reps need to stand firm, even against this politically shrewd choice by Obama and BE HONEST about it, none of this "Let the people decide" crap.

Especially when a nominee would change the balance of the court (as versus a lib replacing a lib or a conservative a conservative) and the country is in the middle of an election, well then wait until the lame duck session.

Well put!  We are hearing 'let the people decide' without hearing what our side is of what is at stake.  Where you say, be honest, I would add, be specific and be persuasive.  I have written about Ted Cruz reaching out in this campaign only to the people who already agree with him (or us) on various things.  This is the time to step up and be a national leader, be a historic leader, not a niche candidate in a crowded field.  Someone needs to make the case for what we are talking about out loud.  He has hundreds of millions to spend on a message, why not make it a positive and important/crucial one. He should give a national address on this.  This is an opportunity, not a problem.  And this is where you fly by DT if he can't keep up, stuck on the wrong side of limits and liberties, see Kelo for example.  It is also where you hold this stand even if you lose the Presidency and majority of the Senate.  This isn't a continuing resolution or a zoning variance; this is the definition of our country we are fighting to preserve.  "A Republic, if you can keep it".

Merrick Garland is among the top judges in the country serving in a time where Judicial rulings have shrunk the constitutional limits on government and allowed its expansion of power over our lives and liberties which keep getting smaller and smaller.  The Honorable Judge Garland would be a perfect pick if continuing down this path of national destruction was acceptable.  But it isn't.
« Last Edit: March 19, 2016, 12:21:13 PM by DougMacG » Logged
Crafty_Dog
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« Reply #1313 on: March 19, 2016, 06:47:32 PM »

http://www.nytimes.com/2016/03/18/us/politics/obama-campaign-veterans-court-nominee-stephanie-cutter.html?_r=0
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Body-by-Guinness
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« Reply #1314 on: March 19, 2016, 08:17:50 PM »

BHO's newfound respect for Supreme Court decorum contains a little irony:

https://www.washingtonpost.com/news/volokh-conspiracy/wp/2016/03/19/obama-irony-alert-the-supreme-court-should-be-above-politics/
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Crafty_Dog
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« Reply #1315 on: March 28, 2016, 04:54:34 PM »

https://www.washingtonpost.com/news/wonk/wp/2016/03/28/the-feds-have-resumed-a-controversial-program-that-lets-cops-take-stuff-and-keep-it/
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Crafty_Dog
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« Reply #1316 on: April 01, 2016, 12:15:18 AM »

http://www.wsj.com/articles/george-mason-university-to-rename-law-school-after-justice-antonin-scalia-1459452145
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Crafty_Dog
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« Reply #1317 on: April 03, 2016, 08:28:32 AM »


By Juan Williams
April 1, 2016 6:41 p.m. ET
298 COMMENTS

As Republicans and Democrats wrangle over Judge Merrick Garland’s Supreme Court nomination to replace the late Antonin Scalia and whether or not to hold confirmation hearings, attention has been distracted from a fight of far more historical consequence.

Over the past half century, regardless of whether a liberal or a conservative resides in the White House, the critical issue facing any Supreme Court nominee is where he or she stands on the political contest of wills over how to read the Constitution.

In general the conservatives in this fight favor an “originalist” or “plain text” reading of the Constitution to limit the role of the courts to interpreting what the document and the Framers meant. Liberals regard the Constitution as a “living document” that lends itself to modern interpretations by judges, who may extend rights to groups not mentioned or considered in the Constitution or its amendments.

The first time I heard the originalist argument from conservatives was at a 1981 San Francisco conference organized by Edwin Meese, President Reagan’s then-White House counselor for policy and the future attorney general. While covering the Reagan White House, I saw Mr. Meese seek judges for the federal bench who abided by a strict reading of the Constitution, hoping to counter years of subjective interpretation—also known as legislating from the bench—by liberals such as justices William Brennan and Thurgood Marshall.

Beginning during Reagan’s time as California’s governor, Mr. Meese—a former prosecutor who served the governor in a variety of roles, including legal-affairs secretary and chief of staff—sought judges for state courts who stuck to the law as written by the legislator. That boiled down to selecting judges willing to apply strict sentencing guidelines to get tough with disruptive protests on college campuses, far-left radicals and criminals.

After becoming attorney general in early 1985, Mr. Meese told the American Bar Association in a July address that it was time for federal judges to get back to basics: “A Constitution that is viewed as only what the judges say it is—is no longer a Constitution in the true sense,” he said. “Those who framed the Constitution chose their words carefully, they debated at great length the minutest points . . . It is incumbent on the Court to determine what that meaning was.”

To that end Mr. Meese advised the president, after Chief Justice Warren Burger decided to retire in 1986, to elevate conservative Justice William Rehnquist to chief justice and to nominate Judge Scalia for the open seat on the court. When Lewis Powell retired the following year, Mr. Meese recommended as his replacement Judge Robert Bork, a staunch Constitutional originalist.

The elevation of Justice Rehnquist and appointment of Judge Scalia were confirmed, but Judge Bork’s nomination was famously defeated by a Democratic Senate in an episode remarkable for its vitriol. ( Anthony Kennedy was eventually confirmed instead.)

The Reagan administration was a judicial watershed in other ways: The careers of Justice Clarence Thomas and Chief Justice John Roberts trace to that period, and other federal judges appointed during the Reagan administration remain in place today, including Laurence Silberman, Edith Jones and Frank Easterbrook.

When Reagan nominated Judge Scalia for the Supreme Court, Mr. Meese told reporters that he was chosen for “his commitment to the interpretation of the law rather than being a lawmaker.”

For three decades Scalia championed the originalist approach to the Constitution. In his scathing dissent last year from the 5-4 decision legalizing same-sex marriage, Judge Scalia noted that the justices had discovered, in the 14th Amendment’s equal-protection provision, a constitutional right “overlooked by every person alive at the time of ratification, and almost everyone else in the time since.”

Scalia lost that fight but won others as he forced his colleagues to think hard about the Constitution and Bill of Rights in making their decisions. A major win came in 2008 with District of Columbia v. Heller upholding what he saw as the original intent of the Second Amendment to protect a citizen’s right to own a gun.

In today’s debate regarding Merrick Garland’s nomination to the court, much of the discussion concerns whether or not he is a “centrist.” But the real question, for both sides, is how he regards the Constitution. On that point it is clear from his record that Judge Garland is firmly in the “living document” camp. The push-pull over the Constitution and the Supreme Court is a battle without end, and in the current phase with the eight-person bench likely to divide 4-4 on important cases, the contrast between the court with Scalia on it and the court with Judge Garland or any other Democratic nominee couldn’t be greater.

Mr. Williams, a political analyst for Fox News and columnist for the Hill, is the author of “We the People: The Modern-Day Figures Who Have Reshaped and Affirmed the Founding Fathers’ Vision of America,” out April 5 from Crown.
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Crafty_Dog
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« Reply #1318 on: April 03, 2016, 05:45:53 PM »



http://reason.com/blog/2016/04/01/florida-governor-signs-bill-requiring-ac
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DougMacG
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« Reply #1319 on: April 04, 2016, 09:28:01 AM »


An obvious reform in the pursuit of property rights, liberty, due process and fighting the abuse of government, hard to believe this isn't already the law, but it is an important ray of hope nonetheless.

Shouldn't a conviction rather than a charge be required to keep any property permanently?

From previous posts, the total value of government seizures now exceeds all private theft in this country.

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ccp
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« Reply #1320 on: April 09, 2016, 04:31:30 PM »

I guess this could go under liberalism progressivism which in my view is regressivism.

What does one's background race religion or sex have to do with interpreting the Constitution?:  Do we need Hindus Buddhists, Muslims on the SCOTUS?  3 babes is not enough?
We have too many Jews?   Not enough who also speak Spanish?   We need some from California?  I doubt very much she is implying we need more strong female or Latino conservatives on the bench but would this placate Sotomayor?  Truth is it ain't about that is it.

http://www.newsmax.com/Newsfront/US-Supreme-Court-Sotomayor/2016/04/09/id/723045/?ns_mail_uid=95994711&ns_mail_job=1663134_04092016&s=al&dkt_nbr=yrbevgkw
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Crafty_Dog
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« Reply #1321 on: May 21, 2016, 10:38:37 PM »

A point I have been making via my expressions of Ninth Amendment theory.

http://tenthamendmentcenter.com/2016/05/03/the-right-to-keep-and-bear-arms-is-a-natural-right-not-a-constitutional-right/
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DougMacG
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« Reply #1322 on: May 23, 2016, 08:32:43 AM »


If I might say so, this is quite a valid and profound point.

Maybe more obvious to more people, freedom of speech is a fundamental right whether it had been put to words and given and amendment number or not.  The right to have a plan in place to protect you and your family is perhaps a higher right than speech, whether enumerated or not.
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Crafty_Dog
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« Reply #1323 on: June 27, 2016, 08:17:30 PM »

http://www.yalelawjournal.org/pdf/427_pa9skxwv.pdf
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Crafty_Dog
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« Reply #1324 on: July 11, 2016, 03:36:06 PM »

https://www.washingtonpost.com/news/volokh-conspiracy/wp/2016/07/11/the-notorious-rbg-gives-a-potentially-notorious-interview-with-the-new-york-times/?utm_medium=twitter&utm_source=twitterfeed


The Notorious RBG gives a potentially notorious interview with the New York Times – UPDATED
By Jonathan H. Adler July 11 at 10:08 AM

Supreme Court Justice Ruth Bader Ginsburg. (AP Photo/Jacquelyn Martin, File)

Last week, I noted comments Justice Ruth Bader Ginsburg gave to Mark Sherman of the Associated Press about the pending election and its potential influence on the Court.  The broader interview was unusually candid for a sitting Supreme Court justice, but it was just a hint of what was to come.

Yesterday, the New York Times published another interview with Justice Ginsburg. The article, by Supreme Court correspondent Adam Liptak, is nothing short of astounding.

In the Liptak interview, Justice Ginsburg reiterates and magnifies her concerns about a Trump presidency, and makes several other comments about cases and issues that are quite uncharacteristic of a sitting Supreme Court justice.

On Trump:

    “I can’t imagine what this place would be — I can’t imagine what the country would be — with Donald Trump as our president,” she said. “For the country, it could be four years. For the court, it could be — I don’t even want to contemplate that.”

    It reminded her of something her husband, Martin D. Ginsburg, a prominent tax lawyer who died in 2010, would have said.

    “‘Now it’s time for us to move to New Zealand,’” Justice Ginsburg said, smiling ruefully.

For the record, I share many of her concerns about Trump, and will not support him for President under any circumstances, but these comments seem quite inappropriate for a sitting member of the federal judiciary.

I clerked on a federal appellate court in an election year, and the judge for which I clerked would not even attend a post-election party due to the appearance such conduct would give (despite having been active in partisan politics before joining the bench). In the unlikely (and horrifying) event of Bush-v.-Gore-like election litigation, I do not see how Justice Ginsburg could refuse to recuse after these sorts of comments.

Justice Ginsburg’s comments on the election were striking, but they were not the only thing remarkable about the interview. She held forth on many issues, including some faced by federal courts.

On U.S. v. Texas, in which the Court deadlocked on the lawfulness of the Obama Administration’s immigration reforms, she said:

    “Think what would have happened had Justice Scalia remained with us,” she said. Instead of a single sentence announcing the tie, she suggested, a five-justice majority would have issued a precedent-setting decision dealing a lasting setback to Mr. Obama and the immigrants he had tried to protect.

    Justice Ginsburg noted that the case was in an early stage and could return to the Supreme Court. “By the time it gets back here, there will be nine justices,” she said.

    She also assessed whether the court might have considered a narrow ruling rejecting the suit, brought by Texas and 25 other states, on the ground that they had not suffered the sort of direct and concrete injury that gave them standing to sue. Some of the chief justice’s writingssuggested that he might have found the argument attractive.

    “That would have been hard for me,” Justice Ginsburg said, “because I’ve been less rigid than some of my colleagues on questions of standing. There was a good argument to be made, but I would not have bought that argument because of the damage it could do” in other cases.

Justice Ginsburg also identified Citizens United as the one case she’d like to see overturned. She also said Heller was a “very bad decision.” As originally posted, the story reported that Justice Ginsburg added “that a chance to reconsider it could arise whenever the court considers a challenge to a gun control law.” For whatever reason, that line was removed and no longer appears in the online version of the article. [UPDATE: The missing language on Heller has now been restored to the article.]

UPDATE: It appears that this is the second time within the past week that comments from an interview with Justice Ginsburg as originally published were later removed. The other example, caught by Rick Hasen, is here.
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DougMacG
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« Reply #1325 on: July 11, 2016, 04:26:26 PM »

We wouldn't want rule by the elites even if they were smarter and wiser than us, and they aren't!    We are down to two supreme court justices you still want to uphold the Constitution.   The moderates and the liberals on the court are nothing more than partisan political hacks.   Ginsberg is no wiser than Charles Blow and no more impartial than Chuck Schumer.

If not for her and this Court  the next president would have to face checks and balances on his or her power,  as designed and intended.
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ccp
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« Reply #1326 on: July 12, 2016, 06:07:18 AM »

"Re: My Constitutional Law Prof at it again"

CD,
You had a class with her?
I read she was at Columbia.   Weren't you at G town?

She seems like a nice lady if one can get past the liberal ideology.
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Crafty_Dog
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« Reply #1327 on: July 14, 2016, 12:26:18 AM »

I was at Columbia.  She was my Constitutional Law prof.  We did not like each other very much.
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DougMacG
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« Reply #1328 on: July 14, 2016, 09:19:57 AM »

I was at Columbia.  She was my Constitutional Law prof.  We did not like each other very much.

A badge of honor!  Weren't you more liberal back then?
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Crafty_Dog
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« Reply #1329 on: July 15, 2016, 03:39:22 AM »

No.  This was 1980.  I had thought I was Left because of my opposition to the Vietnam War and to my being sent there during the '60-70s but with my study of economics beginning in 1975 at U. of PA I realized that it was the Right that was about freedom.
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ccp
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« Reply #1330 on: July 15, 2016, 02:27:49 PM »

So what was RGB like?  You are a vet and was in VN? 

I asked my nephew who went to Harvard Law if he met Dershowitz.  He would only say he didn't like him and Dersh was full of himself.
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DougMacG
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« Reply #1331 on: July 15, 2016, 03:13:15 PM »

Wisdom before law school?  A rare case of it!
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Crafty_Dog
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« Reply #1332 on: July 18, 2016, 09:57:11 AM »

"You are a vet and was in VN? "


 huh
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ccp
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« Reply #1333 on: July 23, 2016, 08:09:15 AM »

http://www.breitbart.com/big-government/2016/07/22/terry-mcauliffe-felon-voting-rights-virginia-supreme-court/
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