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Archive for February 20th, 2019

IJ scores 9-0 SCOTUS victory in Timbs v. Indiana

Posted by Richard on February 20, 2019

Good news from the Supreme Court today, as reported in the Institute for Justice press release:

In an historic ruling, the U.S. Supreme Court this morning held that the Excessive Fines Clause of the Eighth Amendment protects Americans not just against the federal government, but against states and local authorities too. No matter which state you live in, every level of government must now abide by the federal Constitution’s guarantee that property owners will be safe from excessive fines and forfeitures. “[T]he historical and logical case for concluding that the Fourteenth Amendment incorporates the Excessive Fines Clause,” wrote Justice Ruth Bader Ginsburg for the Court, “is overwhelming.”

Six justices signed onto Ginsburg’s opinion. Justice Thomas wrote a concurring opinion reiterating his contention that the court should base incorporation decisions on the 14th Amendment’s Privileges or Immunities Clause, not the Due Process Clause, quite properly calling the concept of substantive due process “oxymoronic.” Justice Gorsuch also wrote a concurring opinion stating that “the appropriate vehicle for incorporation may well be the Fourteenth Amendment’s Privileges or Immunities Clause, rather than, as this Court has long assumed, the Due Process Clause.” The PDF of the opinions is available here.

The Privileges or Immunities Clause was essentially made irrelevant by the Supreme Court’s 1873 ruling in the Slaughterhouse Cases, one of the worst SCOTUS rulings of all time. IJ has a good brief summary.

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“Rattlesnake Kate,” the musical

Posted by Richard on February 20, 2019

If you watched the Next on 9News program I posted recently about Travis Kauffman, the man who killed a mountain lion bare-handed, you also learned a little about Rattlesnake Kate. For much more about this remarkable woman, check out this Greeley History story.

There’s more. It turns out that former Lumineer Neyla Pekarek recently released her first solo album, “Rattlesnake,” and is close to completing “Rattlesnake Kate,” the musical:

A rough draft, bare-bones version sans costumes and choreography will be available to watch in its rough-draft form as part of the Colorado New Play Summit at 4 p.m. Saturday in the Seawell Ballroom in Denver, 1350 Arapahoe St. Tickets are $20 but space is limited, so call the Denver Center for Performing Arts ahead of time at 303-893-4100.

“I think we underpromised,” said Pekarek, a University of Northern Colorado graduate who recently left The Lumineers last fall to pursue her solo career. “Things have gone really well. It’s definitely not a finished product but we have some great, exciting things to show people.”

Pekarek’s first solo album “Rattlesnake” dropped last month. It’s an ode to her muse, “Rattlesnake Kate,” whose story she fell in love with while living in Greeley. The legend slithers its way through each of the tracks.

The album also is the foundation of the musical. Pekarek will also write two new songs.

And here’s Carter Sampson’s song, “Rattlesnake Kate,” with some really tasty guitar accompaniment by BJ Baartmans:


[YouTube link]

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