If you want to know why Supreme Court Justice Brett Kavanaugh is needed on the court, one need only look at this latest ruling from a judicially activist judge who has appeared to uphold former President Barack Obama’s novel interpretation of the laws governing public monuments and parks…
U.S. District Judge James Boasberg ratified the unique interpretation of the Antiquities Act of 1906 to create the 2016 Canyons and Seamounts Monument which essentially covers two distinct areas, one that includes three canyons, and one that covers four seamounts in an area comprising more than 4,900 square miles. The Monument can be found about 130 miles east-southeast of Cape Cod and covers a number of traditional commercial fishing areas. The Monument is approximately the size of the State of Connecticut and is somewhat larger than Yellowstone National Park.
The case originated with a group of fishing organizations who challenged the creation of this massive and unprecedented monument, the first and only Marine National Monument in the Atlantic Ocean. Acting at the behest of the radical environmentalists who claim that biodiversity trumps commercial fishing rights, President Obama unilaterally issued a proclamation to create the Monument.
|I, BARACK OBAMA, President of the United States of America, by the authority vested in me by section 320301 of title 54, United States Code, hereby proclaim the objects identified above that are situated upon lands and interests in lands owned or controlled by the Federal Government to be the Northeast Canyons and Seamounts Marine National Monument (monument) and, for the purpose of protecting those objects, reserve as a part thereof all lands and interests in lands owned or controlled by the Federal Government within the boundaries described on the accompanying map entitled “Northeast Canyons and Seamounts Marine National Monument,” which is attached hereto, and forms a part of this proclamation.
The Federal lands and interests in lands reserved consist of approximately 4,913 square miles, which is the smallest area compatible with the proper care and management of the objects to be protected. <Source>
This is a case destined for the United States Supreme Court to answer the question of whether or not a United States President has the unilateral power to control vast areas of the ocean, and secondarily, whether the Antiquities Act is the appropriate instrument to convey such control.
Judge Boasberg was appointed to the Court by George W. Bush, a fellow member of the elite Yale Skull & Bones. Unlike Judge Kavanaugh, the Judge was confirmed in the Senate by a vote of 96-0 on March 14, 2011.
For those wishing to review the court opinion, Case 1:17-cv-00406-JEB, it can be found here. “In all, Plaintiffs offer no factual allegations explaining why the entire Monument, including not just the seamounts and canyons but also their ecosystems, is too large. The Court therefore need not undertake further review of the matter. For these reasons, the Court will grant Defendants’ Motion to Dismiss under Rule 12(b)(1).”
There is little or no doubt that former President Barack Obama greatly abused the power of his office to advance his radical progressive socialist Democrat agenda. Powers which remain available, as precedent, to any President of the United States.
It is time that the Judiciary returned to deciding issues of equity and constitutional law rather than advancing a toxic political agenda that leaves the American people, through their elected representatives, no say in the matter at hand.
We are so screwed – but not without hope that Judge Kavanaugh has ascended to the Supreme Court. It is only hoped that another opening becomes available during the Trump presidency and that whoever is the nominee is prepared to be accused of the most heinous of behaviors.
"The object in life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane." -- Marcus Aurelius