The Supreme Court has sent a clear message to the Black Lives Matter movement. In a unanimous decision, the Court held that Blue Lives Matter. The ruling involved a case where a police officer, who arrived late to the scene of a confrontation, did not hear warnings given to the suspects by other officers, shot and killed the culprit. Samuel Pauly fired two rounds from a shotgun at the officers, before he was shot dead by Ray White, a New Mexico State Police Officer.
The civil lawsuit brought by the brother of the deceased, Daniel Pauly, contended they never heard the warnings from the other officers and that they were the victims of excessive force. The real story here is that this ridiculous lawsuit, would even be heard by the high court. Their unanimous decision finally puts criminals on notice, abide by the law.
Both a Federal District Court and the U.S. Court of Appeals for the 10th district allowed the lawsuit to proceed. Their opinion was that a police officer must issue a warning before using deadly force, even if the officer is in danger of harm. The Supreme Court finally put an end to this insanity.
The time and money spent on this frivolous litigation is nothing short of criminal. Two police officers were being fired upon. A third officer arrived on the scene and shot and killed the assailant. There couldn’t be a clearer case of self-defense.
In most states, deadly force is justified when a person reasonably assumes that they are in imminent danger of serious bodily injury or death. This justification also extends to the protection of a third party under the same circumstances. There’s no requirement to warn an attacker if a person feels threatened to that degree. A person must be able to prove this level of fear.
Another concept, is what’s known as the “castle doctrine.” This statute basically says that if a perpetrator forcibly enters a home, the state automatically assumes that justification for the resident. In other words, if somebody breaks in your house while you’re home, you don’t have to prove anything. You can even shoot them in the back. Currently, 29 states have adopted some form of this legislation.
With the rising rate of car-jackings, some states have extended the castle doctrine to justify deadly force if someone attempts to break into your vehicle while you’re in it. Deadly force is not justified in the protection of property alone. You can’t shoot somebody running out of your house with your flat screen.
Police officers are held to a much higher standard. They put their lives on the line to protect the public every day. Their training and professionalism are on display each time they go to work. These men and women truly have a strong desire to serve.
A citizen is not required to render aid to the assailant in the case of a justified homicide. A police officer must attempt to revive everybody, without exception. If an officer is involved in a shooting, it’s his or her duty to administer first aid to the person that was just trying to kill them, at least until further medical assistance arrives.
Their jobs require them putting other lives before their own. The stresses they face every day are enormous. They’re sitting targets for whoever might decide to take a shot at them.
In cases where police officers are accused of violating someone’s constitutional rights, they usually assert a defense known as “qualified immunity.” This means that a lawsuit against them cannot proceed unless it alleges their conduct violated established federal law.
The Supreme Court got this one right. The two lower courts did not. How could these two courts so blatantly disregard the law? The officers were being shot at!
Donald Trump plans to reshape the judiciary. His promises to restructure the Supreme Court on the campaign trail have been well covered. What’s not been talked about so much are the over 100 lower court vacancies he stands to fill.
This will have a must more significant impact on the interpretation of federal law than his high court nominations. With judges, he picks, frivolous lawsuits like the one against these police officers, will never make it out of a district court. Trumps requirement for judicial nomination is simple, adhere to the constitution.
In the last eight years, the courts have taken it upon them themselves to legislate from the bench. They’ve ignored the separation of the branches of government that’s framed out in the constitution. Their left wing liberal agenda has no basis in federal law.
The fact the Supreme Court even heard this case is a disgrace. Federal judges are appointed for life. This is so they can adjudicate cases without fear of political reprisals. Their job is not to make the laws, but to uphold them.
Thankfully, since Republicans gained control of the Senate, confirmation of Obama’s nominations has come to a standstill. The left-wingers accuse them of being obstructionists. They are in fact, patriots.
Trump has vowed to nominate appointees in the mold of Antonin Scalia. This shakes the liberal establishment down to its very core. They can’t stand the thought of a court that interprets the constitution literally.
These new appointments will change the legal landscape in this country for years to come. Once again, the separation of powers will work as designed. Many recent court opinions have had the result of being injected into people’s lives in a way the constitution never intended. Big brother has never stood taller than during the Obama Administration.
The government has no business meddling in everyday life. People are predisposed to control their own destiny. This flies in the face of the elitist left that wants to control every aspect of life in this country.
Donald Trump will have the opportunity to reshape our entire federal judicial system. Once again, our citizens will be allowed the freedom to live their own lives. Our government will once again be kept in check by the constitution, like it was designed.