Daren Bakst

Posts by Daren Bakst (page 6)

  • Smoking Ban Case and Judicial Creation of Legislative Intent

    The North Carolina Court of Appeals held that a private for-profit club (Gates City Billiards Country Club) did not have its equal protection rights violated by the state’s smoking ban law that permits smoking in private non-profit clubs but not private for-profit clubs (See Liebes v. Guilford County Department…
    Daren Bakst, July 20, 2011
  • Voting Rights Act and Kinston

    As discussed here, in 2008, Kinston voters passed a referendum by about a 2-1 margin changing municipal elections from partisan to nonpartisan. Since Kinston is in Lenoir County, which is subject to Section 5 of the Voting Rights Act, the change made by the referendum couldn’t be implemented without…
    Daren Bakst, July 18, 2011
  • Mistrial in Clemens Case

    The federal government has managed to waste even more taxpayer dollars. In only the second day of the trial, the prosecutors in the Roger Clemens case tried to bring in evidence that the judge had warned them not to mention to the jurors. Feeling that he couldn’t “unring the…
    Daren Bakst, July 14, 2011
  • More on Chapel Hill, SBOE, and Violation of Rights

    Here’s a link to the information session where Chapel Hill and Kim Strach from the State Board of Elections explain Chapel Hill’s unconstitutional taxpayer financing program. I should point out that the State Board of Elections (SBOE) administers this program, so they deserve as much blame as Chapel Hill.
    Daren Bakst, July 7, 2011
  • Chapel Hill and the Constitution

    Last week, the United States Supreme Court held that matching funds (or rescue funds) are unconstitutional. Chapel Hill’s taxpayer-financed campaign program has rescue funds and the town is planning on going forward with their unconstitutional rescue fund scheme, despite the Supreme Court opinion. The town attorney, Ralph…
    Daren Bakst, July 6, 2011
  • Justice Kagan: Judicial Activist

    If there was any doubt whether Supreme Court Justice Kagan was going to be a judicial activist, that question was answered in her dissent in the taxpayer financing of campaigns/matching funds case, Arizona Free Enterprise Club’s Freedom Club PAC v. Bennett. At the start of her dissent, she writes…
    Daren Bakst, June 28, 2011
  • Supreme Court: NC-Type Public Financing of Campaigns is Unconstitutional

    As predicted, the United States Supreme Court has struck down public campaign financing programs similar to North Carolina’s judicial public financing program. In the 5-4 decision (PDF), the Court confirmed that matching fund provisions are unconstitutional. The case shouldn’t have been close.  Regardless, this puts…
    Daren Bakst, June 27, 2011
  • The Relationship Between American Eugenics and Nazi Germany

    There’s a very illuminating article on the History News Network written by author Edwin Black entitled “The Horrifying American Roots of Nazi Eugenics.” There’s just a presumption that eugenics proponents in the U.S. were not so extreme as to push killing undesirable people.  From the article: The…
    Daren Bakst, June 24, 2011