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Not Tired of Winning

Added 06-27-22 11:31:01pm EST - “Trump said in 2016 that we'd get tired of all the winning, but I don't think I can ever get tired of the clean sweep coming from the Supreme Court lately (with a nod toward an excellent?” - Powerlineblog.com


Posted By TheNewsCommenter: From Powerlineblog.com: “Not Tired of Winning”. Below is an excerpt from the article.

Trump said in 2016 that we’d get tired of all the winning, but I don’t think I can ever get tired of the clean sweep coming from the Supreme Court lately (with a nod toward an excellent decision also out today from New York’s appellate courts).

The biggest win today is Kennedy v. Bremerton School District, in which the Court ruled by a 6 – 3 margin (familiar number by now) that a high school football coach who prays on the field after games does not violate the First Amendment’s “establishment clause.” It overturns explicitly what has been eroding for 25 years—the three-part “Lemon Test” from the 1971 case of Lemon v. Kurtzman, made back in the hey-day of the Supreme Court fashioning “balancing tests” out of thin air. That test was a lemon indeed. One of the refreshing things of the new Court is that it is abandoning the unprincipled “balance test” jurisprudence. Long overdue.

This moves us one step close to implementing the Handmaid’s Tale, which is of course the object of constitutional originalism. (Memo to the humor-deprived: this is sarcasm.)

But that wasn’t the only good news out of the Court today. They also ruled in a comparatively minor case, Xiulu Ruan v. United States, that the burden of proof in cases of doctors charged with overprescribing opioid pain killer belongs on the government rather than the doctor. This reverses the current burden of proof. As the executive summary puts it:

The jury in Ruan was not instructed to consider Dr. Xiulu Ruan’s “good‐​faith defense,” i.e., that he was indeed prescribing the drug “legitimately” to treat pain based upon his good‐​faith assessments of his patients’ medical contexts and requirements. The Supreme Court held “the Government must prove beyond a reasonable doubt that the defendant knowingly or intentionally acted in an unauthorized manner.”


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