January 31, 2006
Confirmed!
Call him
“Justice Alito” now.
Samuel Anthony Alito Jr. became the nation's 110th Supreme Court justice on Tuesday, confirmed with the most partisan victory in modern history after a fierce battle over the future direction of the high court.
The Senate voted 58-42 to confirm Alito _ a former federal appellate judge, U.S. attorney, and conservative lawyer for the Reagan administration from New Jersey _ as the replacement for retiring Justice Sandra Day O'Connor, who has been a moderate swing vote on the court.
All but one of the Senate's majority Republicans voted for his confirmation, while all but four of the Democrats voted against Alito.
That is the smallest number of senators in the president's opposing party to support a Supreme Court justice in modern history. Chief Justice John Roberts got 22 Democratic votes last year, and Justice Clarence Thomas _ who was confirmed in 1991 on a 52-48 vote _ got 11 Democratic votes.
Alito watched the final vote from the White House's Roosevelt Room with his family. He was to be sworn in by Roberts at the Supreme Court in a private ceremony later in the day, in plenty of time for him to appear with President Bush at the State of the Union speech Tuesday evening.
Alito will be ceremonially sworn in a second time at a White House East Room appearance on Wednesday.
That makes two superb justices confirmed in the last few months – let’s hope we get another couple before Dubya leaves office on January 20, 2009.
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How awesome would THAT be?? For GWB to get to name at least 1 and possibly 2 or 3 MORE Justices??
The Dems would roll over and die...
Posted by: TexasFred at Tue Jan 31 10:36:45 2006 (qX3iX)
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MEMORANDUM OPINION AND ORDER
RE: In the Matter of a Complaint Filed Under
28 U.S.C. 351. et seq.
J.C, No. 06-04
http://www.nooneisabovethelaw.com/pages/6/index.htm
JUDICIAL COUNCIL OF THE THIRD CIRCUIT
J.C. No. 06-04
IN RE: COMPLAINT OF JUDICIAL MISCONDUCT
OR DISABILITY
ORIGINAL PROCEEDINGS UNDER 28 U.S.C. § 351
MEMORANDUM OPINION
(Filed: January 26, 2006)
PRESENT: ROTH, Circuit Judge
This is a complaint filed pursuant to 28 U.S.C. § 351 against a United States Circuit Judge [Judge Alito]. [Judge Alito] has been nominated by the President to a different position within the federal government.[ii] According to [Heimbecker], [Judge Alito], as part of the proceedings before a Senate Committee in regard to his confirmation, was asked in a written questionnaire, "Please provide a list of any instance during your tenure on the Third Circuit that there has been a request for you to recuse yourself from a case, motion, or matter, or when you have otherwise considered recusing yourself from a case, motion or matter."
Judge Alito has admitted failing to include 03-2180 and blamed it on a computer coding error.
Posted by: JimBD at Tue Jan 31 11:51:17 2006 (GoE0N)
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Does the phrase "one trick pony" have any meaning to you, Jim?
Posted by: Rhymes With Right at Tue Jan 31 12:14:11 2006 (ik4Js)
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Alito lied, it all started when 3 Philly firemen died. God bless the families & memories of Captain Holcombe & Firefighters McAllister & Chapell.
THE MERIDIAN FIRE…the untold story..
The story in back of the Fryman Fix...why the 3rd Circuit including Judge Alito is covering up the perjury of Judge Legrome Davis...investigating Judge Davis will expose Louis Fryman...former law partner and brother-in-law of Former Chief Judge Edward Becker ...best friend of Arlen Specter...all protecting Ronald Rubin.
In the Fall of 1990 Ronald Rubin, an owner of One Meridian Plaza, published an article in his own newspaper, “ Developmentsâ€, announcing a major renovation of One Meridian Plaza. The expressed goal was to “create increased identification for the building at street levelâ€. In light of subsequent events he was very successful at increasing the building’s identification. In describing all the upgrades and improvements no mention was made of installing sprinklers, like Comcast had on the 30th to 35th floors, or improving the existing safety systems. (Exhibit 1- “Developments†Fall 1990)
An additional article, in the same publication, profiled one Robert Herbert the Building Manager of One Meridian Plaza. Herbert described in great detail his knowledge of the building and it’s amenities but failed to mention the safety systems. (Exhibit 2- “Developments†Pg 2)
On January 8, 1991, at a hearing in Philadelphia Common Pleas Court, Mellon Bank charged that Ronald Rubin reneged on an agreement to purchase Two Mellon Bank Center, the building adjacent to One Meridian Plaza. In it’s suit against Rubin, Mellon alleged concerns about the financial health of the Rubin Company. (Exhibit 3- Phila. Inq. 1/9/91).
Failure to complete the settlement on Two Mellon Bank Center would prove to be fortuitous for Rubin for just 47 days later, on February 24, 1991, a disaster would strike! On that date, a devastating fire claimed the lives of three brave Philadelphia Firemen and the cause of their death was the lack of enough sprinklers and the failure of other safety systems according to former Fire Commissioner William Richmond, who blamed the tragedy on too few sprinklers. (Exhibit 4- Phila. Inq. 2/25/91 )
On March 13, 1991, Fire Commissioner Roger Ulshafer charged negligence and detailed Rubin’s lack of cooperation. (Exhibit 5-Phila.Inq. 3/13/91).
On April 3, 1991, Fire Commissioner Roger Ulshafer charged L & I was too corrupt to be trusted. (Exhibit 6- Phila. Inq. 4/3/91)
In July of 1991, five months after the Meridian fire, one of Rubin’s Building managers was questioned about his Real Estate license status in an unrelated matter. The manager was unlicensed. A cover-up was orchestrated to stop this inquiry because the manager of the Meridian at the time of the fire, Robert Herbert, was also unlicensed and therefore legally incompetent to be managing the Meridian. At risk was not only the insurance coverage of the Meridian but also Rubin’s Real Estate Broker’s license and his reputation. Rubin needed a report of a thorough investigation and no evidence of criminal wrongdoing to maintain the Insurance coverage.
On December 5,1991, in a press conference, the District Attorney announced that no criminal charges will be brought against anyone. She also claimed “We didn’t close our eyes to anythingâ€. After she was pressed on how her investigation could be conducted thoroughly without interviewing key witnesses, the District Attorney ended the news conference and walked out. (Exhibit 7- Phila. Inq. 12/5/91)
On December 5,1991, the following issues were in play. Rubin had engaged in a pattern of illegal conduct by employing unlicensed, and therefore legally incompetent, personnel to engage in real estate namely; property management and leasing. That day the District Attorney absolved Ronald Rubin of any criminal conduct and he went on to deal with Aetna Insurance Company in the largest fire loss in that Company’s history. How did Rubin respond?
On February 13, 1993, Rubin filed suit against 21 Companies alleging they were all to blame, not him, and demanded Four Hundred Million Dollars.
Incredibly, after District Attorney Abraham had taken Rubin off the hook, he actually BLAMED THE FIRE COMMANDERS FOR THE DEATH OF THEIR MEN (Exhibit 8- Phila. Inq. 2/13/93).
Eleven days later, on February 24, 1993, a suit was filed against Rubin. It charged that greed set Meridian Plaza Policy. It alleged that Rubin and several others “personally decided to place life safety and fire prevention behind cosmetic and aesthetic improvements so that rents would improve and their economic bottom line enhanced at the expense of the public interest.†If this conduct is not risking a catastrophe it surely rises to the level of failing to prevent one. (PA Code 3302-3303). An attorney for Rubin responded that the allegations were baseless and said “It is pure harassment and we will respond vigorously.†(Exhibit 9-Phila Daily News 2/24/93)
Rubin settled the baseless suit for Fifteen Million Dollars. Shortly thereafter, in July 1994, with the insurance lawsuits still pending, the original licensing problems of July 1991 resurfaced. The 1994 requests by Heimbecker for real estate licenses precipitated what can only be described as a “white collar & judicial crime wave†that is ongoing today
Several years later. On March 13, 1996, tires were set on fire under Interstate 95. Two days later, March 15, 1996, District Attorney Abraham charged the owner, Daniel Carr, with illegal dumping, causing or risking a catastrophe, conspiracy and environmental law violations. (Exhibit 10- Phila. Daily News 3/15/96 )
On December 9, 1996, Carr’s defense attorney asked the jury not to punish Carr because he lacked Apolitical clout. The District Attorney urged the jury not to let Carr Awalk away from creating “a horrible situationâ€. Carr was convicted. Carr’s bail was revoked and the judge commented that the case was “very serious and had been committed†strictly for financial gain. The judge said tens of thousands of people had been inconvenienced and pointed out that the lives of firefighters had been jeopardized. (Exhibit 11- Daily News 12/10/96)
On January 23, 1997 Daniel Carr was sentenced to seven to fourteen years in jail for risking a catastrophe. The judge told Carr “Your motive is greed. Thank God nobody was killed, and that was just some stroke of luckâ€. (Exhibit 12-Phila. Daily News 1/23/97)
Let’s compare how District Attorney Abraham handled the two cases! Daniel Carr, (a man without political clout) piled tires under I 95. The tires were torched by teen-age fire bugs and the ensuing fire caused 7.5 million in damages. Although Carr did not start the fire and there was no loss of life or serious injuries he was charged with risking a catastrophe, greed being the motive. Carr was convicted and sentenced to 7-14 years in jail. This was accomplished in less than 1 year. Ronald Rubin, (a friend and supporter of Abraham with enormous political clout) made a personal decision NOT to improve the safety systems when undertaking renovations of One Meridian Plaza. A fire occurred shortly thereafter. THREE PHILADELPHIA FIREMEN LOST THEIR LIVES. If the fire had occurred during the work week hundreds may have died. The property losses amounted to an estimated $4 BILLION in civil damage claims. Yet Rubin was absolved, of risking a catastrophe (a felony) and failing to prevent a catastrophe (a misdemeanor), by Abraham on December 5,1991. In summary, although there was no loss of life and compared to the Meridian the property damage was minuscule, Abraham saw the I 95 fire as a catastrophe and a “horrible situation calling for swift and severe punishmentâ€. When it was time to charge a friend and political supporter, contrary to Daniel Carr, Rubin was allowed to walk away. Evidently, the death of three Philadelphia Firemen and the subsequent litigation, which amounted to an estimated $4 BILLION in civil damage claims, didn’t qualify as a catastrophe.
Note: Heimbecker was a Philadelphia Fireman from 1956 to 1962. He was stationed at Ladder 9 2110 Market Street. On the night of March 10,1960 Ladder 9 responded to the Overbrook School for Blind where the fire claimed the lives of Lieutenant Willam Adgie and Fireman David J. Murphy. Upon it's return to service later that night, Ladder 9 responded to an alarm at the Bethany Temple Presbyterian Church. While fighting the fire using a ladder pipe the ladder truck turned over. Captain Rainsford and Fireman Gleason rode the ladder down, narrowly escaping death. Fireman Heimbecker fell off the turntable, narrowly escaping being crushed under the falling turntable. Fireman Harkin, the operator, suffered contusions. Captain Rainsford suffered a broken jaw. Firemen Gleason,Harkin & Heimbecker escaped with minor injuries. Ladder 9 was the first ladder in at the Meridian Fire. Heimbecker took the deaths of Captain Holcombe & Firefighters McAllister & Chapell very seriously. Lest we forget!
Posted by: JimBD at Thu Feb 2 15:18:54 2006 (GoE0N)
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Needs work -- try including a little bit about UFOs, Roswell, Area 51 and UN Black Helicopters and you might have a best seller on your hands.
Posted by: Rhymes With Right at Thu Feb 2 15:48:10 2006 (wfdL5)
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Hey Teach - the truth is the truth. Each item is backed up with 3rd party documentation. Nothing can be disputed. Someday, a legit World History teached will explain to their class why & how Captain Holcombe & Firefighters McAllister & Chapell died a terrible death, that only a few cared to uncover and expose the truth. But, maybe your right, what these heroic Black Firefighters really needed WAS a Black Hawk Helicopter to save each of their asses. The whole 30 minutes you bothered to take a look into what I posted is indicative as to how much time you devote to class preparation. You get an "F" again. Keep this up and there will be a parent conference!
Posted by: JimBD at Fri Feb 3 11:01:56 2006 (GoE0N)
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January 29, 2006
Don't Stall -- No Filibuster On Alito
That is the message of
today's Las Vegas Review Journal. It pointedly castigates Senator Harry Reid.
Taking his marching orders from the hyperliberal Ted Kennedy wing of his party, Senate Minority Leader Harry Reid will apparently vote this week with Democrats who hope to filibuster the U.S. Supreme Court nomination of Judge Samuel Alito.
At least three of the Senate's 44 Democrats have announced they'll vote to elevate Judge Alito. One or two others appear to be leaning that way. Meanwhile, 53 of the Senate's 55 Republicans have signalled their intention to confirm the judge.
In other words, Judge Alito has more than enough support in the Senate to become the newest justice on the nation's highest court -- if he's actually given an up-or-down vote.
But Sen. Kennedy and his Massachusetts partner, Sen. John Kerry, are trying to drum up support among fellow left-wingers to prevent that from happening. They would need at least 41 senators to join in the charade. "It's an uphill climb at the current time," Sen. Kennedy said Friday, "but it's achievable."
Is it? Even Sen. Reid conceded late last week that, "Everyone knows there are not enough votes to support a filibuster."
That's because months of dirt-digging and days of circuslike hearings have turned up no compelling reason why minority Senate Democrats should deny President Bush his choice to fill the seat of retiring Justice Sandra Day O'Connor.
So why doesn't Sen. Reid take the filibuster threat off the table? Why go forward with what is obviously a counterproductive political exercise? Is the whole charade simply an attempt to curry favor with the liberal interest groups that help the party mainline cash?
If Sen. Reid votes to support a filibuster against Judge Alito, he threatens to further alienate himself from Nevada's more moderate voters. Does the name Tom Daschle ring a bell, senator?
It's worth noting that Sen. Reid likely wouldn't lend his name to these tactics were he up for re-election this year, instead of 2010.
In other words, this is politics and not principle leading to the attempt to stop a highly-qualified mainstream jurist from serving on the Supreme Court.
Rhe paper has this to say to Senator Bill Frist.
Majority Leader Bill Frist, R-Tenn., has announced his intention to quash the filibuster move in a Monday vote. But if Teddy & Co. somehow conjure up the votes necessary to block a vote on Alito, Sen. Frist shouldn't hesitate to:
-- Force Democratic obstructionists to conduct an actual filibuster and hold up Senate business for weeks while they drone on reading from the Communist Manifesto.
-- Employ the so-called "nuclear option" that was in play when Democrats kept blocking votes on Bush appellate court nominees.
Anything less would be a complete capitulation.
Agreed -- and we must not capitulate to an obstructionist minority. Personally, I prefer forcing a real, honest-to-God filibuster. Let the people see exactly what the Democrats are up to with their baseless attacks on a good man. Show precisely the lengths to which they will go to get their own way, even when it clashes with the will and desires of the American people -- their own constituents.
Even Senator Barack Obama sees the filibuster as pointless and wrong.
Sen. Barack Obama, D-Ill., predicted today that an effort to try to block a final vote on Alito would fail on Monday. That would clear the way for Senate approval Tuesday of the federal appeals court judge picked to succeed the retiring Justice Sandra Day O'Connor.
Democrats fear he would shift the court rightward on abortion rights, affirmative action, the death penalty and other issues.
"We need to recognize, because Judge Alito will be confirmed, that, if we're going to oppose a nominee that we've got to persuade the American people that, in fact, their values are at stake," Obama said.
"There is an over-reliance on the part of Democrats for procedural maneuvers," he told ABC's "This Week."
* * *
Obama cast Alito as a judge "who is contrary to core American values, not just liberal values."
* * *
"There's one way to guarantee that the judges who are appointed to the Supreme Court are judges that reflect our values. And that's to win elections," Obama said.
I agree with the sentiments, Senator, but would like to note that the problem is that your values do not reflect those of the American people. Those sentiments are best reflected in the values of the Bush administration, the GOP, and Judge Samuel Alito.
So Democrats, show some guts, and some integrity.
Vote.
And accept the results.
If you respect the American people.
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That's right, just rubber stamp Alito in! Let's just get ANY conservative we can - so what if he's unethical. As a Conservative Republican, watching this dog & pony show go on, we should be looking out for the BEST for the job. We have a long strong list of SOLID canidates. It's not
Right vs. Left nor Left vs. Right - it's "R I G H T vs. W R O N G"
What is Alito hiding in "Heimbecker v 555 Associates" 03-2180 ? Simply, Alito covers up for Judge Davis (who lied on his Judiciary application for his current job) at Specter's Orders. good intelligent discussion here: http://angelqueen.org/forum/viewtopic.php?t=5394
This is the missing Recusal Case from Q.23 on his Judiciary application
to see it go here: http://judiciary.senate.gov/pdf/Alito_Questionnaire.pdf .....then Go to page 51
If he can't fill out an application right whats makes you think he will do what you believe in correctly?
Alito may be just another one of the Boys who is a Player in the Club
Check these out:
WWW.NoOneisAbovetheLaw.com
"No One Is Above the Law", J. Alito Says
By Melanie Hunter , CNSNews.com Senior Editor
January 09, 2006 Link:.. http://www.cnsnews.com/ViewPolitics.asp?Page=%5CPolitics%5Carchive%5C200601%5CPOL20060109d.html
Original cronology of events and corruption that started this case way back in District Court: ...http://www.angelqueen.org/articles/06_01_heim_chron.shtml
Posted by: JimBD at Sun Jan 29 12:32:43 2006 (GoE0N)
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I have checked it out -- and I don't find a damn bit of it convincing. What it proves to me is that your buddy (or is it your dad -- I started to wonder after the one email you forwarded and the passionate defense you offer) is so pissed off that he lost his case that he is ready and willing to drag down anybody he can in revenge.
He reminds me of your typical jailhouse lawyer, filing frivolous motions in the hope that he might, this time, get lucky and get what he wants from the court.
Let me guess -- you guys also have proof -- absloute proof -- that JFK was killed by LBJ... or Castro... or the Mob... or the CIA... or the trilateral Commission... or by Kruschev... Or by George H. W. Bush... or by E.T... or....
Posted by: Rhymes With Right at Sun Jan 29 12:45:59 2006 (CjGpd)
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I really wish that Scandalito weren't going to be approved, but I tend to agree with you on this one. The republicans want to be known as the party that defied the American public opinion and worked to outlaw abortion. Right now, we're powerless to stop the confirmation, so let them have it. If the republicans want to be responsible for appointing a lying, amoral, disrespectful extremist, and they have the votes, so be it. while I suspect my statement of the issue is slightly different than yours would be, I really do agree with you. If a republican minority engages in similar hijinks if and when a democratic White House nominates a pro-choice judge to a democratic Senate, I will raise holy hell.
Like Obama says, you guys won the elections . . .
Posted by: Dan at Sun Jan 29 13:28:16 2006 (aSKj6)
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Actually, if you guys ever manage to win the White House and the Senate again, I will expect every last one of you to sit mute and voice no objection when we follow every last precedent your immoral party of character assassins have set during this confirmation fight.
And are you really so clueless as to believe that overturning Roe makes abortion illegal from coast -to-coast? It won't -- it will toss the measure back to the states, some of which will keep it, otheres of which will restrict it, and still others of which will ban it outright. It is called federalism, my friend.
My guessis that most states, having the power to regulate abortion like every other medical procedure, will restrict it to make it safe, legal and rare (you know, the alleged Democrat position ennunciated by the likes of Bill Clinton) -- and i suspect that we will never see the decision vcomplerely overruled. Instead, we will go back to the situation that Roe allegedly created -- where the states have the right to increasingly regulate the procedure as the pregnancy progresses.
Posted by: Rhymes With Right at Sun Jan 29 13:57:16 2006 (CjGpd)
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You checked out NOTHING. Get back to the original question of WHY Alito FAILED to list this little "frivolous case" you claim off the questionaire??? WHY? WHY? WHY? If you checked it out as you claim - you would know that answer by now and you don't! proved by your response. Seems your more pissed off that Alito isn't as perfect as he seems. WE (Conservatives) have plenty more to pick from. You want to settle for a Specter recomendation. That's not saying much! WE SHOULD DEMAND MORE. You acknowledge "marching orders from the hyperliberal" yet pretend the Republicans don't do the same thing? The forwarded email from Heimbecker and his son Gerard was at best an attempt to shed some light on the subject. You obviously didn't contact him about the case at all. By now you'd have a higher regard for what is going on. I've watched the case evolve over the years. .........( Was Alito even on the first(Myers) or second candidate list ? )
Judicial corruption not frivolous. Since when does one invloved in the US Court System "lose" because the fix is in against you. If you checked it out, as you claim, then you would be asking yourself: An Assistant District Attorney filed the crimal complaint against 555 Associates. Why after reporting to the BPOA the documented illegal real estate activity, (this is in a small District Justice court) did the Head of the PA Real Estate Commission Harvey Levin (nominated by Pa- Senator Vince Fumo), show up and Lou Fryman, esq. the Head of one of the largest law firms in the city - remember this is "a frivolous case" After that case was done - why did Heimbecker get sued for malicious prosecution when they found out he had a $1,000,000 liability policy for his business. Why did they file suit against Gerard's sister who was only a witness at a hearing? Why was his complaint against 555 Associates moved out of County court to Federal court - assigned to Judge Davis (Specter friend), just after his Federal appointment - who used to work at the opposing law firm. Davis was asked to recuse himself. Why would any appeal to the 3rd circuit under Judge Becker ( Lou Frymans old partner and brother in law) be squashed? the list goes on.... but you knew that since you checked it all out right? This April 15th, 2006 do you think the IRS will invoke Alito's opinion that that date is a "Aspiration goal" that taxes are due? Your jailhouse lawyer comment slaps any "Pro se" litigant in the face, you should be ashamed of yourself. The rest of your comments are just bizzare. I want a pro-life, conservative appointment. Someone that is morally tuned and grounded. Not a yes man, not a liar. Pick sombody else!
Posted by: JimBD at Sun Jan 29 14:04:33 2006 (GoE0N)
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1) Don't come on my site and call me a liar, boy.
2) I read all you sent me and then other sources. I'm convinced your stuff is without merit.
3) Why did they sue him -- could it be that his actions were so without merit that they ought to go after the cost of defending themselves from his bullshit suit? And since the sister obviously lied, they went after her to.
4)I've figured out the relationship -- and it is only "daddy" in your mutual fantasies.
Posted by: Rhymes With Right at Sun Jan 29 15:54:23 2006 (WqQNV)
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You're certainly right, RWR, that, if the Supreme Court overturns Roe, states will regulate abortion to varying degrees, though you can count on the religious right to seek to pass constitutional amendments, etc., seeking to ban it outright, everywhere. They're not really federalists, my friend.
As for character assassination, I believe the republicans have shown their competence at that game already. If you're expecting silence from us, keep on dreaming.
Posted by: Dan at Mon Jan 30 02:21:51 2006 (y9xzG)
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Actually, Dan, such an amendment would no more be a violation of federalism than, for example, the passage of the Thirteenth, Fpirteenth, and Firteenth Amendments to the US Constitutio -- all three of them added at Republican insistance over the strenuous objections of the Democrats.
Posted by: Rhymes With Right at Mon Jan 30 11:03:08 2006 (TwR6G)
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Silly YOU! Listen Sweet Heart, 555 Associates didn't have any license or the proper Real Estate License to be in business. You missed it. THAT's against the law - period. You missed that. An Assistant District Attorney filed the original complaint. You missed that. The other partner in the real estate firm was Ronald Rubin Associates ( a big RE firm in Philly) They owned the Meridian Building that went up in a fire ball and cost BILLION$ and (3) Fireman DIED. You Missed THAT. PURE negligence! License problems there also. (see you didn't check things out - or you would have figured this out by now - AGAIN - YOU CHECKED NOTHING OUT, you call it being a LIAR - OK!) "could it be that his actions were so without merit that they ought to go after the cost of defending themselves from his bullshit suit? And since the sister obviously lied, they went after her to. (too) ITS ALREADY COURT DOCUMENTED THAT THEY DIDN'T HAVE A FRIGGIN LICENSE - THAT WAS THE COMPLAINT! WHAT CAN YOU LIE ABOUT IF THE FACTS ARE THE ACTS? You really didn't read it - did ya? For a world history teacher your pretty dense if you honestly think there is no corruption here. I'm actually embarrassed as a Conservative Republican that you can't piece this together. I was told this was always about fighting the Democratic power players and here is this dribble from fellow Republicans. What the heck is this?: "and it is only "daddy" in your mutual fantasies" You missed it all. You didn't address the WHY? Still ! "F" is your grade & no make up. Keep drinking the KoolAide! LET's get someone else BETTER that Alito! By the way, I hear Heimbecker filed an Amendment to the complaint. (If YOU were teaching and you didn't have a license that was required, got discovered, what would happen to you? ) What is Alito hiding? He admitted to Specter via a letter Jan 20th that he should have listed it. Ya better go to WWW.NoOneisAbovetheLAW.com and get up to speed.
Posted by: JimBD at Mon Jan 30 16:23:53 2006 (GoE0N)
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PS- Alito cited 23 cases, 16 of them also asked the ENTIRE 3rd Circuit to recuse themselves. STANDARD OPERATING PROCEEDURE. not bad for a ProSe guy. Keep going strong!
Posted by: JimBD at Mon Jan 30 16:39:45 2006 (GoE0N)
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January 27, 2006
Bad Coulter!
Sorry, Ann, but
such comments are inappropriate. And I say that as someone who hopes Justice Stevens leaves the bench sooner rather than later.
Conservative commentator Ann Coulter, speaking at a traditionally black college, joked that Justice John Paul Stevens should be poisoned.
Coulter had told the Philander Smith College audience Thursday that more conservative justices were needed on the Supreme Court to change the current law on abortion. Stevens is one of the court's most liberal members.
"We need somebody to put rat poisoning in Justice Stevens' creme brulee," Coulter said. "That's just a joke, for you in the media."
What you said is every bit as unacceptable as the comment by one liberal pundit that she hoped Clarence ThomasÂ’ wife would feed him an unhealthy diet so he would have a stroke and die young like so many other black men.
I would like to pointedly suggest that you apologize – and really mean it.
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Coulter is like so many liberals. Name calling and shrillness might make some folks who feel better about what they already believe in. She does little to forward her/our cause to those who don't understand conservetism or those who are undecided. Conservetes must represent reason. Conservetives had made tremendous gains because of the intellectual reasonableness of folks such as Rush Limbaugh and William Bennet, When compared to the shrillness of a James Carvell and Howard Dean, The conservetives always look better. If Ann would focus more on the strengths of right, and less on attacking the left she would be a lot more effective in getting her point accross to those who matter, the great unwashed moderates.
Posted by: Liberty at Sat Jan 28 03:24:59 2006 (EO2zM)
Posted by: rush at Thu Sep 4 12:36:25 2008 (Rd+wF)
Posted by: pet at Mon Sep 8 14:44:39 2008 (7+eNY)
Posted by: dog at Sun Sep 21 15:32:51 2008 (j0Gd5)
Posted by: dog at Sun Sep 21 23:24:02 2008 (PgVYb)
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January 26, 2006
The One Senator I Hoped Would Vote Against Alito
After all, he is the only Klansman in the Senate, and he is 100% con-fed Democrat. Judge Alito deserves better than
confirmation with Robert Byrd's vote.
Supreme Court nominee Samuel Alito, whose confirmation seems certain in the Republican-run Senate, padded his modest Democratic support Thursday with endorsements by Sens. Robert Byrd and Tim Johnson.
Alito already was assured the votes of at least 51 of the 55 Republicans in the 100-member chamber - enough to be put over the top - when West Virginia's Byrd and Johnson of South Dakota joined Nebraska's Ben Nelson in saying they'll vote yes.
I wish would issue a public statement requesting that Senator Byrd vote against him -- as a matter of principle, as a demonstration of his opposition to racism and bigotry in all its forms.
After all, Byrd used to head an organization that expressed contempt for Catholics, immigrants, and those of non-Anglo-Saxo heritage. Alito qualifies on two counts, and his father fit all three.
(h/t: Blogs for Bush)
MORE AT: The Political Teen, Captain's Quarters
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Get over it. He has renounced that past, called it a mistake, and served as an honorable Senator for years. He quit the clan over 60 years ago, far longer than Bush has been off of cocaine.
Posted by: Dan at Fri Jan 27 03:38:04 2006 (y9xzG)
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There is nothing honorable about that sheet-wearing snake. As the only member of the US Senate to vote against BOTH African-Americans who have served on the Supreme Court, he is a disgusting disgrace and an infected boil on the body politic of America.
And give his constantly changing story on how, when, and why he became involved with the KKK (America's largest and most pernicious homegrown terrorist movement -- a wholly-owned subsidiary of the Democrat Party), I dispute that he has renounced it and moved past it.
I'll let the crack (you know, that stuff you were smoking when you made the above comment) pass about the unproven allegations against the President --the seriousness of which pales in comparison to the record of the cross-burning, Negro-lynching, civil rights-filibustering senior Senator from West Virginia
Posted by: Rhymes With Right at Fri Jan 27 14:19:21 2006 (qnVvT)
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Be serious for just one moment - do you sincerely believe that a current Klansman would vote for a democratic ticket over a republican one? I won't make any stupid comments about the KKK being a subsidiary of the republican party - we both know there's no official connection. But, please, tell me how you believe a Klansman would vote these days.
Posted by: Dan at Sat Jan 28 13:21:21 2006 (aSKj6)
4
As we can see, Senator Byrd votes Democrat.
Posted by: Rhymes With Right at Sat Jan 28 17:43:36 2006 (wJl0v)
5
Couldn't stand to answer the question honestly, could you? Or, if you're not a total vacuum of intellectual honesty, please provide any evidence you have that Byrd, who has apologized for his involvement with the KKK over 50 years ago, and called it a mistake, is currently a member of the KKK?
Are you capable of seriousness or intellectual honesty? I asked how you think a current Klansman would vote, and, instead, you chose to dredge up an ancient mistake.
Posted by: Dan at Sun Jan 29 07:42:03 2006 (aSKj6)
6
The senior hill-billy from West Virginia, Senator Robert Byrd, who holds the distinction of being the only Senator to vovte against both African-Americans to ever serve on the Supremem Court, shows no evidence of contrition for his sins. Even if he is not a member of the organization, he clearly adheres to its values.
And since his story has continuously changed over the years regarding when, how, and why he joined, as well as regarding the length and nature of his association with America's most despicible home-grown terorist organization, I have no reason to believe that he has ever repented of his membership.
Hell, he won't even come out and say if he ever participated in a cross-burning, much less the other reprehensible acts of racist terror that group engaged in during the time he was a member.
And as far as current Klan members voting for Republicans, I can only say that they vote against their own beliefs if they do, for the GOP has always been the real party of civil rights in this country. As an institution, we have disavowed and repudiated any member of the KKK who has even snuck on to the ballot on the GOP line, and campaigned in favor of his opponent -- as happened with David Duke, for the most notable example.
Posted by: Rhymes With Right at Sun Jan 29 08:07:24 2006 (0yVay)
7
Also, who would a Communist vote for -- the Democrats or the GOP? We know the answer to that -- and you will give it if you are intellectually honest, Dan.
And before you trot out the accusation of McCarthyism, Dan, realize that I simply turned your question back on you.
Posted by: Rhymes With Right at Sun Jan 29 08:10:35 2006 (0yVay)
8
Actually, RWR, I suspect that the communist would probably vote for the green party, or some other third party, but if the choice were solely between a typical democrat and a typical republican, I believe the communist would vote for the democrat. I've got no problem saying so, either. It's only you that's having problems with the truth today . . .
Since you're obviously way too afraid to admit that a typical current Klansman would vote republican (I don't know why you're so afraid to admit that - it doesn't prove that all republicans are racist, does it?), let's try a new one. Why do you think a majority of African-Americans vote for the democratic party?
Posted by: Dan at Sun Jan 29 13:18:41 2006 (aSKj6)
9
Absolute lack of understanding of their own self-interest -- having bought into the belief that the party of Ol'Massa is gonna take care of them.
Posted by: Rhymes With Right at Sun Jan 29 13:49:21 2006 (CjGpd)
10
Wow. You are so much smarter than them! You are clearly superior.
Posted by: Dan at Mon Jan 30 00:13:21 2006 (aSKj6)
11
I don't make that claim -- even the wisest and most decent of individuals can be deceived. And if the Democrats have managed to present their poison under the guise of goodness and right, so much more will they have to answer for.
Posted by: Rhymes With Right at Tue Jan 31 10:41:47 2006 (/Aq0g)
12
Just remember, those wise and decent people disagree with you.
Posted by: Dan at Tue Jan 31 14:59:19 2006 (aSKj6)
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Nuclear Option Coming?
Bill Frist is
taking a preliminary step.
U.S. Senate Majority Leader Bill Frist, M.D., (R-Tenn.) on Thursday filed a cloture petition to close the debate on Judge Samuel AlitoÂ’s nomination to be the next associate justice to the Supreme Court of the United States.
The cloture motion agreed to in the Senate sets forth a cloture vote for 4:30 p.m. EST, on Monday. If cloture is invoked, then the Senate will proceed to a final vote on Judge AlitoÂ’s nomination at 11:00 a.m. EST, Tuesday.
Sen. Frist made the following statement regarding the voting schedule in the Senate:
“Next Tuesday, a bipartisan majority of Senators will vote to confirm Judge Alito as Justice Alito.
“After a thorough, fair, and robust debate on the Senate floor it is now time for Senators to go on record and vote up or down on this outstanding nomination.”
Why file for cloture? Because of threats by certain dishonorable Democrats.
Massachusetts Sens. John Kerry and Edward Kennedy, along with a small number of other Senate Democrats, have threatened a filibuster to block the vote for Judge Samuel Alito's confirmation to the U.S. Supreme Court, FOX News has learned.
"Judge Alito has consistently made it harder for Americans to have their day in court. He routinely defers to the power of the government, no matter how extreme. And he doesnÂ’t believe women have a right to privacy thatÂ’s protected by the Constitution," Kerry said in a statement.
"The president has every right to nominate Samuel Alito to the Supreme Court. ItÂ’s our right and our responsibility to oppose him vigorously and to fight against this radical upending of the Supreme Court," he added before announcing he would return to Washington early on Friday from Davos, Switzerland, where a Senate delegation was attending the World Economic Forum.
If they try it, crush them completely. The American people have had enough of their antics.
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Abuse of Process To Frustrate Justice
I cannot believe that the Supreme Court is going to consider
this case.
The Supreme Court agreed yesterday to decide when death row inmates may challenge lethal injection as a method of capital punishment, in a surprise decision issued after the justices dramatically stopped the execution of a Florida prisoner who was already strapped to a gurney preparing to die.
Clarence E. Hill, 48, convicted of murdering a Pensacola police officer in 1982, had refused a final meal and needles had punctured his arm when the Supreme Court stayed his execution. The court said it would hear his claim that he should have an opportunity to argue that his civil rights would be violated because the chemicals used to execute him would cause excessive pain.
Excuse me, but the entire process is about KILLING someone. I frankly don’t care if it hurts – their crimes are of such magnitude that they are being put down like the mouth-frothing rabid dogs that they are. If they suffer, so be it – it is merited pain and suffering.
No, this is just one more attempt to prevent the just punishment of the worst among us.
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January 19, 2006
Judge Orders Eminent Domain Rip-Off -- Takes 105 Acres For $1.00
This must not stand! If you thought the Kelo decision was obscene, wait until
you read this.
And it is happening literally just down the road from me -- I pass the property on a daily basis during the last leg of my drive home from work.
Man awarded $1 for 105 acres Port condemned
For years, Seabrook residents have said building the Bayport container facility north of town would hurt property values.
They might be surprised at how much one man got for his tract of land - $1 for 105 acres.
Pasadena land owner Glenn Seureau, II, thinks he was robbed of his by the Port of Houston Authority. He plans to continue an uphill battle with the Port until he is paid fair market value for the land.
One civil court judge, on the other hand, seems to think $1 is compensation enough for Seureau's land, located just north of Seabrook.
Seureau fought for nearly three years to protect his property, in his family for more than 150 years, from the Port's power of eminent domain, only to lose his case in May of last year in the court of Harris County Civil Court Judge Lynn Bradshaw-Hull.
The judge ruled that having paid Seureau $1, the Port now owns the fee simple title to the property. Seureau was also ordered to give back the Port's previous payment of more than $1.9 million at 5.75 percent interest and pay the Port's court costs at the same interest rate.
Seureau has appealed the ruling, and he and his attorneys are currently in negotiations with the Port.
Port officials declined to comment on the case, but confirmed that they are working with Seureau to reach an agreement.
The conflict began in September 2002, when a special commission held a hearing regarding the Port's request to condemn Seureau's land. Seureau did not attend the hearing, and the commission ordered the Port to pay him approximately $1.9 million for the property.
The Port deposited the funds into the registry of the court, taking constructive possession of the land, but Seureau refused to take the money or relinquish the title to the property.
"I didn't think (the Port) had the right to take the property," he said, adding that the Port's need for the land seems to be based on private rather than public interests.
The Port plans to build a portion of the Houston Cruise Terminal on the property.
Seureau also believes $1.9 million is less than the market value for the land, which he had planned to develop with multi-family residences.
He was later advised by an attorney that he did not have the right to contest eminent domain and withdrew the $1.9 million to pay for further appeals regarding the market value of his land.
The Port brought Seureau to Bradshaw-Hull's court on May 16, 2005 to obtain the fee simple title that Seureau had withheld until that point.
On May 17, the judge excluded the testimony of both Seureau and his only expert witness, Louis Smith, saying that neither man could provide evidence that was relevant or reliable regarding the market value of Seureau's land.
According to court documents, the judge's final ruling was based on a lack of evidence to support Seureau's argument.
Seureau also made a motion to exclude the testimony of one of the Port's expert witnesses, Matthew Deal. The court denied that motion.
Seureau, who lives in his 180-year-old family home next door to the recently condemned property, said that although he is not familiar with the judge's intentions, he sees Bradshaw-Hull's ruling as a "punishment" for trying to challenge the Port.
"I was forced to settle for less than market value," he said.
Bradshaw-Hull declined to comment on the case since it is on appeal.
So let's get this straight -- the judge allowed no testimony on the value of the land -- and then awarded an absurdly low value because there was no evidence in support of the land's value. Never mind that we know that the land was considered to be worth at least $1.9 million by the special commission. And she added insult to injury by ordering the victim of her obscene ruling to pay back all money he received with interest, plus legal fees to the publicly-owned Port -- which means he is paying the Port for the privilege of having his land stolen.
Notice, please, that this story is covered only by the local "tossed on the lawn" paper, not any of the major media like the Chronicle or the local television stations, despite teh outrageous nature of this ruling. They all made money hand over fist during the bond election a few years ago, as the Port spent tax money selling this expansion to the voters -- and it still runs propaganda ads about how great it is for the community. I guess they don't want to see that cash cow dry up.
Oh, and by the way, Judge Bradshaw-Hull (email here) is running for re-election on the GOP ballot.
But Bradshaw-Hull has competition from Linda Storey in the race for judge of Harris County Court at Law 3. Assuming she is qualified, I will likely give my endorsement her way.
Let us hope that this decision does not stand -- and that this judge is off the bench..
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The guy took the $1.9M and then went *back* on the deal?? Not real clear on HOW or WHY he got that money and they want it back...
If he took $1.9M and wants more, he was a bad negotiator... If he signed a contract, he's pretty much screwed isn't he??
Posted by: TexasFred at Thu Jan 19 15:51:57 2006 (qX3iX)
2
This is obscene. Does the judge own a house? I'm thinking of putting up a hotel...
Posted by: Ed Minchau at Thu Jan 19 15:52:16 2006 (pPVQ0)
3
Not wuite what happened -- he was awarded the $1.9 million when the land was taken, but contested the valuation (which he claimed was low).
His major asset was the land -- so he used the money awarded him in the original proceeding to take teh next appeallate step.
The result was that he had it all taken from him.
Posted by: Rhymes With Right at Thu Jan 19 15:57:59 2006 (2Ea1Q)
4
Yeah, I just re-read the thing and saw that.. His use of that money may be his downfall... They may have made an *undervalued* offer but I don't think he had any right to USE the money if he had no intention of accepting the offer...
I think he has screwed himself... I hate it too, but he may be in very deep poop...
Posted by: TexasFred at Thu Jan 19 16:04:12 2006 (qX3iX)
5
It can be argued that, since the $1.9 million was the state's offer, he had no reason to expect to lose any of it, and every reason to expect it was the very minimum he would ever receive. Therefore, though withdrawing part of the money could constitute acceptance.
Furthermore, he's battling the state, which is backed by virtually unlimited resources -- as I put it, "the full faith and credit of the taxpayer's wallet." That puts a greater strain on his ability to litigate, so a reasonable person could see why he had to tap into the initial award.
But as someone on the LLP list pointed out (I apologize, his name escapes me), "what smacks of tyranny" is what this twit of a judge did. Excluding Seureur's and his witness' testimony, yet not excluding testimony from a state witness? I hope this bias can be sufficient grounds for an appeal.
Posted by: Perry Eidelbus at Fri Jan 20 05:51:45 2006 (gPl0V)
6
Eminent Domain law is filled with all kinds of conflicts which make it easier for backdoor deals. Payoff of judges for one. Local politicians fill their pockets by getting kickbacks from relatives doing odd jobs on the deal. (property inspection, demolition subcontracting, etc...)
I've seen it first hand near my home.
It is such a scam.
Posted by: prying1 at Sat Jan 21 02:58:48 2006 (dRg0l)
7
Looks like this judge just lost her spot on the bench.
Given how close it was (Linda Storey won 50.5% to 49.5%), this decision may very well have outraged enough people to cost her the election.
Posted by: Tim at Wed Mar 8 02:42:54 2006 (kCb5q)
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Parents Sue – “You Made Me Buy Junk Food For My Kids!â€
Excuse me, folks -- do the children do the grocery shopping in your house? If not, then you chose to buy them
this stuff.
Advocacy groups and parents are suing the Nickelodeon TV network and cereal maker Kellogg Co. in an effort to stop junk food marketing to kids.
The plaintiffs are citing a recent report documenting the influence of marketing on what children eat. Ads aimed at kids are mostly for high-calorie, low-nutrition food and drinks, according to the government-chartered Institute of Medicine.
Wakefield, Mass., mother Sherri Carlson said she tries her best to get her three kids to eat healthy foods.
"But then they turn on Nickelodeon and see all those enticing junk-food ads," Carlson said. "Adding insult to injury, we enter the grocery store and see our beloved Nick characters plastered on all those junky snacks and cereals."
Carlson and another plaintiff, Andrew Leong of Brookline, Mass., spoke at a news conference organized by the Center for Science in the Public Interest and the Boston-based Campaign for a Commercial-Free Childhood.
They intend to sue Kellogg and Nickelodeon parent Viacom Inc. in state court in Massachusetts and served the required 30 days' notice on Wednesday.
"For over 30 years, public health advocates have urged companies to stop marketing junk food to children," said Susan Linn of the Campaign for a Commercial-Free Childhood. "Even as rates of childhood obesity have soared, neither Viacom nor Kellogg has listened."
And the companies are not required to listen. They are using legal methods to market legal products.
The problem is that the parents in this case either cannot or will not act in the role of parents. Instead, they buy what the kids demand and allow them to consume it in the quantities they want. Whatever happened to the days of parental authority? Whatever happened to kids being told “No�
Dismiss the suit and fine the litigants and their lawyers for filing this frivolous suit.
Oh, and revoke their parental rights.
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Parents Sue – “You Made Me Buy Junk Food For My Kids!”
Excuse me, folks -- do the children do the grocery shopping in your house? If not, then you chose to buy them
this stuff.
Advocacy groups and parents are suing the Nickelodeon TV network and cereal maker Kellogg Co. in an effort to stop junk food marketing to kids.
The plaintiffs are citing a recent report documenting the influence of marketing on what children eat. Ads aimed at kids are mostly for high-calorie, low-nutrition food and drinks, according to the government-chartered Institute of Medicine.
Wakefield, Mass., mother Sherri Carlson said she tries her best to get her three kids to eat healthy foods.
"But then they turn on Nickelodeon and see all those enticing junk-food ads," Carlson said. "Adding insult to injury, we enter the grocery store and see our beloved Nick characters plastered on all those junky snacks and cereals."
Carlson and another plaintiff, Andrew Leong of Brookline, Mass., spoke at a news conference organized by the Center for Science in the Public Interest and the Boston-based Campaign for a Commercial-Free Childhood.
They intend to sue Kellogg and Nickelodeon parent Viacom Inc. in state court in Massachusetts and served the required 30 days' notice on Wednesday.
"For over 30 years, public health advocates have urged companies to stop marketing junk food to children," said Susan Linn of the Campaign for a Commercial-Free Childhood. "Even as rates of childhood obesity have soared, neither Viacom nor Kellogg has listened."
And the companies are not required to listen. They are using legal methods to market legal products.
The problem is that the parents in this case either cannot or will not act in the role of parents. Instead, they buy what the kids demand and allow them to consume it in the quantities they want. Whatever happened to the days of parental authority? Whatever happened to kids being told “No”?
Dismiss the suit and fine the litigants and their lawyers for filing this frivolous suit.
Oh, and revoke their parental rights.
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January 18, 2006
Do Liberals Really Respect Stare Decisis?
Not really, when you consider how many of the major liberal precedents of recent decades overturned long-standing precedents.
Part of the answer, of course, is that the left's commitment to stare decisis is selective. Many of the Supreme Court's iconic liberal decisions overruled prior case law. Brown v. Board of Education (1954), overturned Plessy v. Ferguson (1896); Gideon v. Wainwright (1963), which established the constitutional right to a free public defender in felony cases, overruled Betts v. Brady (1942); Mapp v. Ohio (1961), which applied the exclusionary rule to state court prosecutions, overruled Wolf v. Colorado (1949); and so on. Nor need we reach far back into history for such instances. Just two years ago, in Lawrence v. Texas (2003), the Court found a constitutional right to perform acts of homosexual sodomy, thereby overturning Bowers v. Hardwick, which itself was no historical relic, having been decided in 1986. Yet none of the liberals who now wax eloquent about stare decisis criticized Lawrence's violation of that principle.
It would be easy to ridicule liberalism's inconsistent attachment to stare decisis as opportunistic. Nor is it hard to find a straightforward political motive. In a narrow partisan sense, it makes sense for liberals to emphasize attachment to precedent when confirming conservative nominees, since the best they can expect from such nominees is a holding action. One day, when a Democratic president is appointing liberal justices, we'll no doubt see more emphasis on the "living Constitution."
Still, something deeper may be involved as well. When liberals talk about a "living Constitution," what they really mean is a leftward-marching Constitution. Liberals--especially those of an age to be senators--have spent most of their lives secure in the conviction that history was moving their way. History meant progress, and progress meant progressive politics. In judicial terms, that implied a one-way ratchet: "conservative" precedents can and should be overturned, while decisions that embody liberal principles are sacrosanct. To liberals, that probably seemed more like inevitability than inconsistency.
Over the last 25 years, however, the ground has shifted. History stopped moving inexorably to the left and began to reverse course. The conservative movement achieved electoral success under Ronald Reagan in the 1980s. It took a while longer for the conservative trend to reach the judiciary, but it's no coincidence that a number of conservative federal judges, including John Roberts and Sam Alito, got their start in Reagan's White House or Justice Department. Now, 20 later, they are eligible for elevation to the Supreme Court.
Now this may look like a call for activism on the part of judges. To the degree that it is, I condemn it. However, as I read HinderakerÂ’s commentary, it is more of an attack upon the theory that the Constitution is a living and evolving document. After all, such evolution provides for no stability whatsoever.
What we need is a steady course marked by a respect for the original principles which underlie the Constitution. As such, that may mean taking a liberal approach in one area, and a more conservative approach elsewhere. Indeed, a group of honest judges dedicated to the proposition that the Constitution means what it says as intended by its authors may require that some lofty liberal precedents be left undisturbed (such as Brown, which overruled the foul and false Plessy precedent) due to their unambiguous correctness, others (Roe and Lawrence chief among them) rightly deserve no less than a stake through the heart so that matters best left to legislative deliberation might be returned to their proper sphere.
What we ultimately need is not blind respect for precedent. We need respect for and fidelity to the Constitution itself.
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“… If each individual defines meaning for himself, there can be no allowable community judgment as to moral truth. This is postmodernism, which has been defined as an uneasy alliance between nihilism and left-wing politics. The public is not allowed the final say on moral truth, but the Olympians are. The result is that the Court-enforced "moral truth" is always to the left of the American center.†Robert Bork
Holding to such a self absorbed opinion of itself, solipsism is no longer a theory; rather it is an applied disposition and would seem to be mirroring the antics of the Supreme Court and how 9 individuals view their role in determining the meaning of the Constitution. They have no reason to believe anyone or anything previously recorded as history; but see themselves as superior intellectually and morally since they are no longer subordinate to anyone. They are free to interpret reality as transitory and elusive moments according to how they feel at that moment. This self absorbed existence can only further erode the foundation originally intended when the Constitution was put in place as we now proceed on a continued path toward total destruction of the foundations of society.
http://tfsternsrantings.blogspot.com/2005/11/ultimate-in-psychopathology-anything.html
Posted by: T F Stern at Wed Jan 18 15:05:35 2006 (dz3wA)
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Sentenced To Church
I see this as problematic – especially since the crime and the “punishment” are not closely related.
A man sentenced to church instead of jail attended services with a Jehovah's Witnesses congregation last weekend and says he'll be back for more.
Brett Haines told a judge Tuesday that he attended the service as part of his sentence for a disorderly conduct conviction. He was accused of using racial slurs and threatening a cab driver Nov. 26 in Newtown.
Hamilton County Municipal Judge William Mallory gave Haines a choice between 30 days in jail or attending services at a predominantly black church for six consecutive Sundays.
The judge said he hoped the experience would broaden Haines' cultural awareness and make him more tolerant of minorities.
I could see doing this if he had vandalized the church, but going to “black churches” in lieu of jail does not relate to the crime here.
Prosecutors say Haines, 36, was arrested after threatening cab driver David Wilson and Wilson's wife. They say the intoxicated Haines threatened to punch Wilson, used racial slurs and said he hated black people.
This does raise a First Amendment issue in my mind.
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January 17, 2006
Death Knell For McCain-Feingold
Did questions from Chief Justice John Roberts signal that he is
more of a friend to political speech than his predecessor?
Chief Justice John G. Roberts Jr. expressed doubts yesterday about legal restrictions on political ads by outside groups as the Supreme Court took up a new challenge to the McCain-Feingold campaign-finance law.
Questioning Solicitor General Paul D. Clement, who was defending the law, Chief Justice Roberts raised a hypothetical case in which a group runs an issue ad every month. Does the ad, he asked, become illegal in the months before an election?
Mr. Clement responded that such a group could continue to run the ads if it used political action committee money to pay for them, or if it refrained from identifying a candidate by name.
But Justice Antonin Scalia said that would undercut the purpose of the ad, adding, "The point of an issue ad is to put pressure on an incumbent you want to vote your way."
At issue is a provision banning the use of corporate or union money for ads that identify federal candidates two months before a general election. The case involves a lawsuit by Wisconsin Right to Life, which was barred from broadcasting ads that mentioned Sen. Russell D. Feingold, Wisconsin Democrat, during his 2004 re-election campaign.
In the first challenge to how the law was working in practice, the group in 2004 sought an injunction barring the Federal Election Commission from enforcing the provision against it. But the U.S. District Court in the District of Columbia denied the request. A month later, then-Chief Justice William H. Rehnquist declined the group's request to intervene.
Chief Justice Roberts suggested that the fact that the ad also mentioned the state's other senator -- Democrat Herb Kohl, who was not up for re-election that year -- buttressed the group's argument that the ad was meant to influence legislation, not the election.
Now, if the members of the High Court will only consider the meaning of the words "Congress shall make no law" at the beginning of the First Amendment, it may be that we will see some movement towards the sort of restrictions on political speech that the Founders would have accepted -- namely NONE.
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Agreed! What part of 'free speech' don't our idiotic politicians understand? Regardless of their beloved 'intent', it's wrong and illegal to regulate speech!
It's nice to see another conservative voice speaking of the First Amendment the same way most conservatives speak of the Second Amendment.
-Bart
Posted by: Bartleby at Wed Jan 18 02:49:27 2006 (lkCzp)
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January 05, 2006
Judge No Longer Believes In Punishment
So he gives a guy who raped a girl repeatedly over a four-year span before her 10th birthday
only sixty days in jail so he can seek treatment when he gets out.
There was outrage Wednesday when a Vermont judge handed out a 60-day jail sentence to a man who raped a little girl many, many times over a four-year span starting when she was seven.
The judge said he no longer believes in punishment and is more concerned about rehabilitation.
Prosecutors argued that confessed child-rapist Mark Hulett, 34, of Williston deserved at least eight years behind bars for repeatedly raping a littler girl countless times starting when she was seven.
But Judge Edward Cashman disagreed explaining that he no longer believes that punishment works.
"The one message I want to get through is that anger doesn't solve anything. It just corrodes your soul," said Judge Edward Cashman speaking to a packed Burlington courtroom. Most of the on-lookers were related to a young girl who was repeatedly raped by Mark Hulett who was in court to be sentenced.
The sex abuse started when the girl was seven and ended when she was ten.
Prosecutors were seeking a sentence of eight to twenty years in prison, in part, as punishment.
"Punishment is a valid purpose," Chittenden Deputy Prosecutor Nicole Andreson argued to Judge Edward Cashman.
"The state recognizes that the court may not agree or subscribe to that method of sentencing but the state does. The state thinks that it is a very important factor for the court to consider," Andreson added.
But Judge Cashman explained that he is more concerned that Hulett receive sex offender treatment as rehabilitation. But under Department of Corrections classification, Hulett is considered a low-risk for re-offense so he does not qualify for in-prison treatment. So the judge sentenced him to just 60 days in prison and then Hulett must complete sex treatment when he gets out or face a possible life sentence.
I’ve got a better idea – make this child rapist serve the full 20 years in the general population. He’ll probably get treatment "sex offender treatment" there that will leave him disinclined to repeat his crimes, and he might just learn to empathize with his helpless victim and potential future victims.
Or perhaps Judge Cashman has a granddaughter who needs a roommate.
In any event, Judge Cashman needs to be removed from the bench by any means available.
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Frivolous Lawsuit Alert
IÂ’d be embarrassed to bring
a claim like this in court. Clearly some folks have no pride.
A consumer group is demanding that Frito-Lay put warning labels on chips with the fat substitute olestra or face a lawsuit by a Massachusetts woman who says she got stomach cramps and had to use the bathroom quickly after eating the snacks.
The Center for Science in the Public Interest said Wednesday that 30-year-old Lori Perlow of Braintree, Mass., would sue Frito-Lay under a consumer-friendly deceptive-advertising law in the Bay State.
Frito-Lay, a division of PepsiCo Inc., said warning labels are not needed for its Light lines of potato and corn chips.
"It's an extremely safe product, well-tested," said Frito-Lay spokeswoman Aurora Gonzalez. "If the law says we don't have to have (a label), we don't see the need for it either."
The Food and Drug Administration approved olestra, made by Cincinnati-based Procter & Gamble Co., in 1996 but required products with the fake fat to carry a label warning that they could cause cramps and diarrhea. The requirement was lifted in 2003 after the agency determined that any ill effects of olestra were mild and rare.
The Center for Science in the Public Interest has campaigned against olestra for many years and opposed the lifting of the warning label. Its director of litigation, Stephen Gardner, accused Frito-Lay of trying to hide the consequences of eating products with olestra despite more than 20,000 consumer complaints.
In a letter to the company Wednesday, Gardner said Perlow experienced cramps and gas for several hours after eating Ruffles Light cheddar potato chips. Perlow said she avoided eating Wow! chips because of olestra but didn't realize Ruffles Light chips also contained the fake fat.
So what we have here is the Center for Pseudo-Science Against the Public Interest using litigation to achieve a regulation that it could not obtain through legislation or other democratic means. HereÂ’s hoping the courts impose serious sanctions on the group, their litigant, and their lawyers.
Posted by: Greg at
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January 04, 2006
The Gold Standard – Well-Qualified
If the liberals have an ounce of integrity,
this should stop any plans for a filibuster.
Supreme Court nominee Samuel Alito received a unanimous well-qualified rating from the American Bar Association on Wednesday, giving his nomination momentum as the Senate prepares for confirmation hearings next week.
The rating came after a vote of an ABA committee and will be delivered to the Senate Judiciary Committee, which will launch Alito's confirmation hearings on Monday. Alito will face almost an hour of questioning from each of the 18 senators on the committee.
The ABA rating _ the highest _ is the same that Alito received back in when President Bush's father, George H.W. Bush, nominated him to the 3rd U.S. Circuit Court of Appeals.
There was one recusal from the voting committee, the ABA said. The group will testify next week during Alito's confirmation hearing about how it arrived at the rating.
For more than 50 years, the ABA has evaluated the credentials of nominees for the federal bench, though the nation's largest lawyers' group has no official standing in the process. Supreme Court nominees get the most scrutiny.
Samuel Alito should become the next justice of the United States Supreme Court. Any attempted filibuster is now grounds for the nuclear option.
Posted by: Greg at
12:21 PM
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Post contains 215 words, total size 1 kb.
1
Are you saying that the ABA's opinion on the legal qualifications of a judge should be binding on the Senate? That's an astounding position, especially considering the hostility shown to the ABA by the Republicans in the past.
I'll concede that Scandalito has the academic and intellectual qualifications to sit on the Supreme Court. He's sorely lacking in the moral and integrity areas, though. He should not be confirmed.
Posted by: Dan at Wed Jan 4 13:16:08 2006 (aSKj6)
2
Hey -- it was leading Democrats who declared the ABA recommendation to be the "Gold Standard" when the president attempted to take the ABA out of the process. I simply think that the Democrats should live by the principles they set.
And by the way, the ABA includes the moral and ethical areas in their recommendation -- so your cheap-shot smear speaks more about your morals, ethics, and integrity than it does about Alito's
Posted by: Rhymes With Right at Wed Jan 4 14:18:34 2006 (zeuYR)
3
What? Now you're requiring ME to be bound by the ABA?! Why are you right-wingers so eager to surrender yourselves and others to authority?
The ABA is good at making sure that someone has the legal background sufficient to become a judge. I've seen that in action - they actually withheld the "well-qualified" label from a friend of mine, who, truth be told, probably didn't have sufficient background to be a federal judge.
But the ABA is not in a position to make the call as to whether someone should be confirmed after failing to recuse himself where he has promised to (where the failure to recuse does not raise to an actual violation of the letter of the rule), or whether someone who broadly hints that lying to get around an inconvenient law is okay. That's not a law committee's area of expertise - that's why we have a Senate which should reject Scandalito.
Posted by: Dan at Thu Jan 5 01:40:08 2006 (aSKj6)
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The Gold Standard – Well-Qualified
If the liberals have an ounce of integrity,
this should stop any plans for a filibuster.
Supreme Court nominee Samuel Alito received a unanimous well-qualified rating from the American Bar Association on Wednesday, giving his nomination momentum as the Senate prepares for confirmation hearings next week.
The rating came after a vote of an ABA committee and will be delivered to the Senate Judiciary Committee, which will launch Alito's confirmation hearings on Monday. Alito will face almost an hour of questioning from each of the 18 senators on the committee.
The ABA rating _ the highest _ is the same that Alito received back in when President Bush's father, George H.W. Bush, nominated him to the 3rd U.S. Circuit Court of Appeals.
There was one recusal from the voting committee, the ABA said. The group will testify next week during Alito's confirmation hearing about how it arrived at the rating.
For more than 50 years, the ABA has evaluated the credentials of nominees for the federal bench, though the nation's largest lawyers' group has no official standing in the process. Supreme Court nominees get the most scrutiny.
Samuel Alito should become the next justice of the United States Supreme Court. Any attempted filibuster is now grounds for the nuclear option.
Posted by: Greg at
12:21 PM
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Post contains 220 words, total size 1 kb.
1
Are you saying that the ABA's opinion on the legal qualifications of a judge should be binding on the Senate? That's an astounding position, especially considering the hostility shown to the ABA by the Republicans in the past.
I'll concede that Scandalito has the academic and intellectual qualifications to sit on the Supreme Court. He's sorely lacking in the moral and integrity areas, though. He should not be confirmed.
Posted by: Dan at Wed Jan 4 13:16:08 2006 (aSKj6)
2
Hey -- it was leading Democrats who declared the ABA recommendation to be the "Gold Standard" when the president attempted to take the ABA out of the process. I simply think that the Democrats should live by the principles they set.
And by the way, the ABA includes the moral and ethical areas in their recommendation -- so your cheap-shot smear speaks more about your morals, ethics, and integrity than it does about Alito's
Posted by: Rhymes With Right at Wed Jan 4 14:18:34 2006 (zeuYR)
3
What? Now you're requiring ME to be bound by the ABA?! Why are you right-wingers so eager to surrender yourselves and others to authority?
The ABA is good at making sure that someone has the legal background sufficient to become a judge. I've seen that in action - they actually withheld the "well-qualified" label from a friend of mine, who, truth be told, probably didn't have sufficient background to be a federal judge.
But the ABA is not in a position to make the call as to whether someone should be confirmed after failing to recuse himself where he has promised to (where the failure to recuse does not raise to an actual violation of the letter of the rule), or whether someone who broadly hints that lying to get around an inconvenient law is okay. That's not a law committee's area of expertise - that's why we have a Senate which should reject Scandalito.
Posted by: Dan at Thu Jan 5 01:40:08 2006 (aSKj6)
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