Lake Erie Conservative

thoughtful discussion(s) about issue(s)

Archive for the ‘body of law’ Category

… Argentina is Being Stupid [#debt default]…

Posted by paulfromwloh on Thursday,August 7th,2014

.. there are many parts of the debt market ..

.. the Argentines are going to have to deal with them . Even the vultures …

.. [h/t — BloombergNews.com]..
.. [link] to the news piece ..

.. Argentina defaulted more than once before . They have to answer for it . They have made a debt payment , but not to the ” vultures . ” They have to make a ” final ” deal with them , in order to revise the country ‘ s finances …

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… What is Louisiana Thinking [#religious freedom]…

Posted by paulfromwloh on Sunday,August 3rd,2014

.. or , unfortunately , lack thereof ..

.. I am a Roman Catholic . I have been to the confessional , and understand what it means . I studied about it a lot when I was a part of the R.C.I.A. [Rite of Christian Initiation in Adults] . So , it hits very close to me .

.. [h/t — m.NationalReview]..

.. [link] to the editorial..

.. they would force a priest to violate the sanctity of the seal of the confessional ? That is nuts …

.. how the state of Louisiana could have adopted such a law is insane . They affect the religion and rights of anyone and everyone , whether they are Catholic or not . This law hits the ” priest – penitent ” privilege , because it is also known as the ” pastor – penitent ” privilege , no matter what the religion or the faith …

.. I hope Louisiana changes this law , and soon . I think that the shock of what the Louisiana Supreme Court has done has gotten their attention …

Posted in body of law, legal opinion, personal opinion, religious opinion, rule of law | Tagged: , , , , , , , , , | Leave a Comment »

… A Trip Back in Time [Clinton White House memos]…

Posted by paulfromwloh on Saturday,July 26th,2014

.. this one is about the confirmation of Supreme Court associate justice Ruth Bader Ginsberg …

.. there is a great deal of grief about Ginsberg and her ” extreme ” liberal views . Well , if she were that extreme , then why nominate her in the first place …

.. [h/t — WashingtonFreeBeacon]..
.. [link] to the news story …

.. time and history has proven them right . Ginsberg has proven herself to be an extremist liberal lunatic . There is little likelihood of her and her ilk being appointed to replace her …

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… A Warped Sense of Priorities …

Posted by paulfromwloh on Friday,July 25th,2014

.. this tells you a lot about the ObamaCraps ‘ strange sense of priorities  …

.. politics over  veterans ..

.. and , veterans who are dying , every day …

branco cartoon (vets dreaming illegals)

.. [h/t — ComicallyIncorrect]..

.. [link] to the cartoon ..

.. this is really sick ! …

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… A Unique Dissent [#Hobby Lobby]…

Posted by paulfromwloh on Tuesday,July 22nd,2014

.. you will find , sometimes , that judges or justices will absent themselves from parts of an opinion ..

.. it is rare at the appeals level .

.. However , it is much more common at the US Supreme Court . Sometimes , one justice has a different interpretation of the fact pattern from another . When they do , it can leade to a slightly different result …

.. the Hobby Lobby case is a case in point . Justices Breyer and Kagan absented themselves from part of Justice Ginsberg ‘ s dissent …

.. [h/t — m.NationalReview(BenchMemos)]..
.. [link] to the fact pattern …

In their one-paragraph dissent, Justices Breyer and Kagan say this (and this is their opinion in its entirety):

We agree with JUSTICE GINSBURG that the plaintiffs’ challenge to the contraceptive coverage requirement fails on the merits. We need not and do not decide whether either for-profit corporations or their owners may bring claims under the Religious Freedom Restoration Act of 1993. Accordingly, we join all but Part III–C–1 of JUSTICE GINSBURG’s dissenting opinion.

Part III-C-1 of Justice Ginsburg’s opinion, concerning the rights of for-profit corporations, runs from page 13 to page 20 of her 35-page opinion, or about 20% of it.  There is no section of her opinion that is longer than this one.  Announcing that they do not join this part is the only reason for Breyer and Kagan to write separately.  They express neither disagreement nor agreement with the contrary conclusion of the Court that such corporations are protected under RFRA.  But it is very, very good news that there are only two justices on the Court–only Ginsburg and Sotomayor–who are willing to make the transparently bad argument that when you go into business for a profit under the corporate form, you lose your religious freedom under the law.

.. in this case , these two differed from the resulting judgement of the case . They did not agree with the majority opinion . However , they differed with Justice Ginsberg in one important section .. corporations and religious rights . Ginsberg does not evidently believe in them . However , from the writing of their concurring dissent [which is unusual] , they do , however .

.. So , as to the result of religion and corporations , the result of the case [which is all important] is not 5 to 4 . It is actually 5 to 2 , with 2 abstentions . Those abstentions are highly unusual , and with the Supremes , extraordinary …

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… It Figures [#Immigration Crisis]…

Posted by paulfromwloh on Monday,July 21st,2014

.. you wonder about the motivation of those folks streaming across our borders ??

.. guess ?

.. pure ObamaCrap screwup . So what else is new …

.. [h/t — Breitbart.com(Breitbart-Texas)]..
.. [link] to the news article ..
.. [Breitbart Texas (Leaked-EPIC-Document)] to the intel report …

.. well , the folks at the Border Patrol are trying , at the least , to do their homework . Even with the harassment of higher – ups , they are trying … so they are finding out the motivation(s) of those folks …

.. [-] one is our lack of enforcement — D.A.C.A. , in particular ….

.. [-] the looseness of the legal system — the legal notice is what they perceive as a ” permisos ” that allows them to stay , even if they are grossly mistaken ….

.. [-] the lack of apprehension and deportation adds to this …. yeech ! …

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… What You are Doing is Immoral and Evil [#defending so-called same – sex marriage]…

Posted by paulfromwloh on Friday,July 18th,2014

.. so – called same – sex marriage is immoral .

.. so – called same – sex marriage is unnatural .

.. even more than that , it is evil .

.. you propose to create same – sex marriage , and do it by judicial fiat .

.. [h/t — theHill]..
.. [link] to the article ..

.. new law is created by a Governor and a legislature , or by Congress and a President . It is not created by a judge . Judges interpret the law , as well as the Constitution . They do not create law . To do so is an impeachable offense …

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… Now the IRS has a Very Serious Problem [#IRSGate]…

Posted by paulfromwloh on Wednesday,July 16th,2014

.. that is for sure ..

.. also , Judicial Watch has struck again .

.. [h/t — Yahoo.com/News]..
.. [link] to the news story ….

.. Judge Emmett Sullivan is a hard ass . He will not take any guff . When Judicial Watch brought a F.O.I.A. suit for the emails [Lerner’s], I knew that the Service had a very serious problem . Now , with the continued emergence of Lerner e – mails in drip-drip-drip , she looks guilty as sin …

.. and Eric Holder looks like a corrupt bastard ..

.. Judge Sullivan has order the Service to start coughing up e – mails . That is the underlying text of his order this day [Thursday 07/10/2014].. He does not believe the Service , anymore than I do …

.. Those e – mails are there . It is only a matter of time before they come out . Either Judicial Watch ‘ s FOIA lawsuit will pull them out , or True the Vote ‘ s suit , but the digging is underway …

.. even better than a special master , Judge Sullivan has appointed his magistrate to oversee the situation . Federal Judges do not magistrates wasting their time , so the magistrate will be able to apply plenty of pressure to the Service . Also , with the Judge ‘ s blessing , he / she will have plenty of room to run and roam ….

.. more than likely , Sullivan is well aware of other legal action seeking the same information [A.C.L.J. / Cleta Mitchell , principally] . So , it is likely that there is more than one judge applying pressure , as well as more than one appeals circuit [D.C. , 4th , 2nd, 6th] . That is a lot of firepower .

.. Also , Sullivan is an institution in D.C. . He is well known by the folks in D.C. . The Service does not want a pissing match with him . The D.C. Appeals Court is in the same building , while the 4th Circuit is located down in Richmond . Also , do not forget the Supreme Court …

.. it will be fun to see the media coverage of this , given Judicial Watch ‘ s recent history . Tom Fitton is straight – laced and quite , and is not a publicity hound . He lets his work do the talking …

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… Don’t Tell Me that POTUS is This Stupid ! [#illegal immigration]…

Posted by paulfromwloh on Sunday,July 13th,2014

.. I am thinking that he just might be that stupid …

.. he must really want to face impeachment , and more legal action …

.. [h/t — HotAir]..

.. [link] to the blog news …

Obama told the groups what they had been dying to hear—that he was going to condemn House Republicans for inaction and set the most expansive legal course permissible to beef up border security, slow deportations of noncriminal aliens, and provide legal status to millions of undocumented workers—all by himself…

Obama made it clear he would press his executive powers to the limit. He gave quiet credence to recommendations from La Raza and other immigration groups that between 5 million to 6 million adult illegal immigrants could be spared deportation under a similar form of deferred adjudication he ordered for the so-called Dreamers in June 2012.

That executive action essentially lifted the threat of prosecution and deportation for about 670,000 undocumented residents—those older than 15 and younger than 31 who had been brought to America before their 16th birthday.

Obama has now ordered the Homeland Security and Justice departments to find executive authorities that could enlarge that non-prosecutorial umbrella by a factor of 10.

 

.. LEC here again — given that Gov. Brewer in Arizona is headed for a head – on confrontation over this stuff , based upon driver licenses that her state should or should not [I read : should not] issue to the D.A.C.A. crowd …. they are not here legally , and Obama has no controlling legal authority to do this , or even D.A.C.A. ,  in the first place ..

.. that case is already at the 9th Circuit , and Gov. Brewer [and / or her successor] could end up taking the case directly up to the U.S. Supreme Court , and transform the case into one challenging Obama ‘ s gross abuse of his powers of his office …

 

The only surprise is the timing. Garrett isn’t firm on it but I get the sense that O’s thinking of making a move sooner rather than later, which would be quite a curveball ahead of the midterms. (Amnesty champion Frank Sharry, who attended the meeting with Obama, said of the timeline “He didn’t seem to give a sh*t.”) The whole point of giving House Republicans time to pass a bill this year, I thought, was so that Democrats wouldn’t have to risk a nasty backlash in November by doing something bold on amnesty by themselves. Maybe the timing is negotiable: If, say, the new ObamaCare rates this fall are bad and the Dems are suddenly staring at a rout, O might decide at that point that he’s got nothing to lose by upending the table politically with an order that effectively amnestizes five million people. If, on the other hand, we get a few more solid jobs reports, he’ll be more inclined to go slow and postpone amnesty until next year. The true target here is 2016, remember, a point that White House officials themselves made to Garrett. The presidency will be in play, Democrats will be on offense in Senate battlegrounds, and Latino turnout will be up. No sense wasting an amnesty mega-pander now if it can be saved for later, especially if Obama still thinks there’s a chance Congress might pass something next year.

.. Major Garrett ‘ s article , from the National Journal ….

By Major Garrett
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July 3, 2014

More than a dozen center-left and hard-left immigration groups sent representatives to what sounded like another uninspiring strategy session in the White House’s Roosevelt Room with senior Obama adviser Valerie Jarrett and Cecilia Munoz, head of the Domestic Policy Council.

It was early Monday afternoon, and none of the participants seated around the long rectangular table had any inkling President Obama was pissed. They would soon find out. Moreover, they would discover, to their surprise, that Obama was no longer pissed at them, but with them. This being a meeting of Democratic allies, of course, some of the groups eventually found a way to get Obama pissed off at them all over again—over the issue of unaccompanied minors at the border.

But first, the story of the day was that Obama became unplugged on immigration, took his temper off mute, shook up the underlying base politics of the next two elections, and turned up to boil his long-simmering feud with Republicans over the constitutional limits of executive power.

Jarrett and Munoz called the meeting to order and, according to participants, expectations were low and anxiety high. A quick look around the table revealed the still-smoldering wound Obama felt after being branded “deporter-in-chief.” The authoress of the hottest barb ever directed at Obama by the Left, Janet Murguia of the National Council of La Raza, was conspicuously absent. No representative of La Raza was even invited.

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It was hard for anyone to imagine new possibilities for the White House with this schism so apparent.

Those who were there—the Service Employees International Union; AFL-CIO; Center for American Progress; Leadership Council on Civil Rights; America’s Voice; the National Immigration Law Center; United Farm Workers; Center for Community Change; and others—expected another dreary appeal from Jarrett and Munoz to give House Speaker John Boehner until the August recess to try to move some form of immigration legislation. The immigration groups were fed up with what they had long regarded as Obama’s doughy diffidence and had no stomach for another “stay-the-course” soliloquy from Jarrett and Munoz.

What the immigration advocates couldn’t help noticing were the two empty chairs at the center of the table on the Oval Office side of the Roosevelt Room, opposite the visitors’ entrance.

Jarrett and Munoz sat on either side of the empty chairs and White House counsel Neil Eggleston was to Munoz’s right. Jarrett and Munoz were in the opening stanza of their immigration update when Obama and Vice President Joe Biden walked in and sat down. They stayed for more than an hour, Obama doing most of the talking and never referring to notes. Biden chimed in only when, later on, the debate turned to the current border crisis over unaccompanied minors.

Obama told the group that Boehner had informed him on June 24 there would be no votes on immigration before the midterm election but that he believed there was a good chance a comprehensive bill could pass in the next Congress. The president also told the group that Boehner urged him not to press ahead with executive action because that would make legislating more difficult next year.

Obama told the group, according to those present, his response to Boehner was: “Sorry about that. I’m going to keep my promise and move forward with executive action soon.”

In the room, there was something of a collective, electric gasp. The assembled immigration-rights groups had been leaning hard on Obama for months to use executive action to sidestep Congress and privately mocked what they regarded as Pollyanna hopes that House Republicans would budge. They had been burned before. Obama reversed himself in late March and slammed the brakes on Homeland Security Department studies of slowing deportations in the name of “humane” treatment, all in the name of giving House Republicans more time on immigration reform.

Ever since, immigration groups on the left despaired over Obama’s credulous paralysis. Protests ensued.

Not any longer. Obama told the groups what they had been dying to hear—that he was going to condemn House Republicans for inaction and set the most expansive legal course permissible to beef up border security, slow deportations of noncriminal aliens, and provide legal status to millions of undocumented workers—all by himself.

“He went from hanging back to calling the question and retaking the initiative,” said Frank Sharry, executive director of America’s Voice. “I kept thinking, ‘Where has this guy been?’ He’s going on offense. He was a different guy. He was unplugged. After months of him and his team being angry with advocates for putting pressure on him to take executive action, it became clear he was no longer going to use the prospect of legislation to deflect attention and pressure from him.”

Obama made it clear he would press his executive powers to the limit. He gave quiet credence to recommendations from La Raza and other immigration groups that between 5 million to 6 million adult illegal immigrants could be spared deportation under a similar form of deferred adjudication he ordered for the so-called Dreamers in June 2012.

That executive action essentially lifted the threat of prosecution and deportation for about 670,000 undocumented residents—those older than 15 and younger than 31 who had been brought to America before their 16th birthday.

Obama has now ordered the Homeland Security and Justice departments to find executive authorities that could enlarge that non-prosecutorial umbrella by a factor of 10. Senior officials also tell me Obama wants to see what he can do with executive power to provide temporary legal status to undocumented adults. And he will shift Immigration Control and Enforcement resources from the interior to the border to reduce deportations of those already here and to beef up defenses along the border.

“Things were getting ragged with some of the immigration groups,” said Marshall Fitz, director of immigration policy at the Center for American Progress. “Many of us had long drawn the conclusion the House Republicans were not going to budge. After Obama spoke, the vibe was, ‘Wow. This is a very clear, very serious pivot.’ ”

There ensued a brief debate about the underlying politics of executive action in the shadow of the midterm elections—whether it would motivate Latinos and progressives in larger numbers than tea-party-inspired GOP voters; would it cut for or against Senate Democrats in red states like Louisiana, Arkansas, Alaska, North Carolina, and Georgia; and how it would play in 2016.

“He didn’t seem to give a shit,” Sharry said. “It was clear he was going on offense and going to run to the question.”

Within the White House, the sense is that Obama’s coming moves on immigration will not help anywhere but Colorado and possibly Virginia. Advisers hope, perhaps unrealistically, there will be a red-state push. The 2016 calculus is completely different. Inside and outside the White House, the consensus is that GOP inaction on immigration reform will define the campaign and any attempts to draft legislation in the next Congress—with or without a GOP majority in the Senate and the House—will complicate political prospects for Republicans seeking the presidential nomination and for Senate Republicans up for reelection in blue states, people like Florida (Marco Rubio), Illinois (Mark Kirk), Iowa (Chuck Grassley), Ohio (Rob Portman), Wisconsin (Ron Johnson), and Pennsylvania (Pat Toomey).

But that’s not the end of the immigration story, politically or otherwise. The fury over Obama’s looming executive actions will come. And it will be loud. But the current crisis over unaccompanied minors at the southern border is also a prism for Obama’s willingness to use the law to deport illegals—even children in desperate circumstances.

That issue also arose in the Roosevelt Room, and it drove a deep wedge between Obama and the immigration groups reunited moments before around the executive-action strategy.

According to those present, Obama was focused entirely on future executive actions when Gustavo Torres of CASA de Maryland asked about the unaccompanied minors and Obama’s desire to expand his power to deport the children, returning them, in most cases, to El Salvador, Guatemala, and Honduras. Obama said his goal was to provide humanitarian assistance, speed up the processing of the cases under the law, and ask Congress for up to $3 billion for housing and temporary courts to process and deport those without legal standing.

To many in the Roosevelt Room, this sounded technocratic and procedural and borderline inhumane. Marielena Hincapie, executive director of the Los Angeles office of the National Immigration Law Center, urged Obama to look at the human tragedy of children fleeing violence in their home countries and consider whether swift deportations would deny them due process.

Obama, according to those present, argued forcefully that the U.S. had to signal its intent to enforce the law through deportations and that failure to do so could lead more children to die en route to the southern border or take scandalous risks by traveling with smugglers or on the roofs of trains. He could not, in good conscience, give any remotely encouraging signal to children or their parents to risk their lives, as many had already done in coming to America’s doorstep.

Angelica Salas, executive director of Coalition for Humane Immigrant Rights of Los Angeles, piped up and warned Obama that the driving energy to reach the United States could not be stopped. “Mr. President, when my family and I came to the country, I was 5 years old, and when we were caught crossing the border and were sent back, we didn’t give up,” Salas said. “We kept trying until we made it.”

Obama, according to those present, would have none of it. Kids all over the world have it tough, he said. Even children in America who live in dangerous neighborhoods would like to live somewhere else, but he can’t solve everyone’s problems. He told the groups he had to enforce the law—even if that meant deporting hard cases with minors involved. Sometimes, there is an inherent injustice in where you are born, and no president can solve that, Obama said. But presidents must send the message that you can’t just show up on the border, plead for asylum or refugee status, and hope to get it.

“Then anyone can come in, and it means that, effectively, we don’t have any kind of system,” Obama said. “We are a nation with borders that must be enforced.”

The discussion ended amicably if unsatisfactorily. Obama thanked the advocates for their passion and said he understood their concerns about due process for unaccompanied minors but remained resolute about deportations.

“The issue is real, and the solutions are unattainable in the short term,” said Fitz of American Progress. “Everyone understood that. The families of these children are making a dire decision, and the president didn’t want that decision infused with the false hope that there was a golden ticket waiting for them on the border. ”

In this regard, Obama has aligned himself with congressional Republicans, even though they acknowledge it only rhetorically. Obama will soon ask Congress for more power to deport the unaccompanied minors, rankling Democrats like Sen. Robert Menendez, chairman of the Foreign Relations Committee. Menendez was displeased when briefed last week on Obama’s enforcement plans. House Republicans may prove receptive to the money and the deportation authority when it comes time to write a continuing resolution.

Either way, Obama’s now struck his own path on the larger issue of comprehensive immigration reform and unaccompanied minors on the border, pleasing no one completely in the process.

Obama’s Independence Day came June 30, four days early. On this issue, it was, and will remain, a day to remember.

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… Freedom means Liberty …

Posted by paulfromwloh on Saturday,July 12th,2014

.. and so – called same – sex marriage is not liberty .

.. [h/t — TruthRevolt]..
.. [link] to the blog post …

.. this is an artificial creation , obviously having come far more recently . Since the loonie left cannot get it in a democratic fashion , by its creation in our legislatures and Congress , they sought a new route , by judicial fiat . Guess what : they have got it , so far …

.. in Obama ‘ s America , Equality trumps liberty . That is a major problem …

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… An Interesting Court Case [#challenge to obamacrapcare]…

Posted by paulfromwloh on Friday,July 11th,2014

.. Senator Ron Johnson faces a problem .

.. can he establish ” standing ‘ in this court case ?

.. to be honest , I am not sure . But , if he can , then the Government is in very big trouble …

.. [h/t — Newsmax]..
.. [link] to the news article ..

.. His Lordship and his minions played fast and loose with the law . So , in theory , their handiwork should be easy to overturn . No , it is not so easy …

.. When ObamaCrapCare was just a bill , Chuck Grasseley was real sneaky . He slipped in a provision into the bill , and it was accepted . Except that the DummyCraps did not exactly read his handiwork .. Why ?

.. Grasseley ‘ s provision forced Members of Congress and their staffs out of their cushy health insurance plans . These items , offered through the Federal Health Insurance BEnefit program , gave the beneficiearies very generous health insurance benefits . also , they were subsidized , to the tune of 75 % …

.. except Grasseley ‘ s handiwork force the denizens of Crapitol Hill out of these plans . Then , the ObamaCraps pulled a fast one , in contravention of the ObamaCrapCare bill , and allowed the denizens to still get their subsidies , even though doing so would be unlawful ..

.. now , you understand Senator Johnson ‘ s problem . Can he win his fight ? I hope so …

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… this Situation with the Deadskins is Ridiculous …

Posted by paulfromwloh on Monday,July 7th,2014

.. that the government pulling this stunt through the Patent and Trademark Office is outrageous . The N.F.L. is a legal entity . Pro Football is a legitimate sport . So , what is the Trademarks people thinking ?

.. The term ” Redskins ” is a legit term . It was trademarked nearly 50 years ago at the merger of the N.F.L. and the A.F.L. . The team had been around for quite a few years more than that . So , what is the problem ?

.. [h/t — CNNsi]..
.. [link] to the legal analysis ..

.. this analysis from CNNsi is as simple and as specific as I can find . Give it a read . I found it very informative ….

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… The Pro – Lifers Win a Big One [#US Supreme Court]…

Posted by paulfromwloh on Sunday,July 6th,2014

.. and this is my neck of the woods , sort of …

.. this is a SCOTUS case from downstate Ohio . The Susan B. Anthony List ( a well – known pro – life group) wanted to challenge the honesty and veracity of a Congressional candidate [actually a sitting DemoCrap congresscritter] .. Well , the DemoCrap did not like it one bit . He challenged it in front of a body called the Ohio Elections Commission . The O.E.C. found that the ad was supposedly ” false , ” and fined the List a small amount of money . The case though was dropped when the DemoCrap lost his re – election big …

.. [h/t — SCOTUSblog.com]..
.. [link] to the blog news & court opinion …

.. Well , the Susan B. Anthony List did not forget . They sued in federal court , challenging the constitutionality of the Ohio statute . The US Supreme Court ruled today , unaminously , that the action of the O.E.C. was unconstitutional …

.. Now , the List can continue in the federal court . What they may want to do is to challenge the constitutionality of the basic statute , now that they have won the underlying original case …

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… Ambiguity in the Clean Air Act [& Amendments] …

Posted by paulfromwloh on Saturday,July 5th,2014

.. yes , it does matter .

.. you might ask , huh ? ..

.. [h/t — m.NationalReview//BenchMemos]..
.. [link] to the blog post …

.. an agency gets a certain amount of latitude in how to interpret a statute . That latitude , due to a certain US Supreme Court case [Chevron v N.R.D.C.] is referred to as ” Chevron deference . It is actually quite simple , as it is a two – prong test . Part One is Congressional intent . If Congress has clearly spoken , then that is it . Part Two is where things get a lot more dicey . If things are ambiguous , then is the agency ‘ s ” construction ” of the meaning reasonable and applicable to the statute . If not , then , down the drain …….

.. It matter a lot , because the ObamaCrap E.P.A. is using that ” Chevron Deference ” in order to be able to regulate ” greenhouse gases . ” If their interpretation is struck down , as I think is really possible , then His Lordship ‘ s ” Climate Change ” diktat is toast …

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… What in the Hell was the IRS thinking ??? …

Posted by paulfromwloh on Saturday,July 5th,2014

.. I have heard of boners by the Infernal Service , but this one takes the cake . Sharing over 1 million pages of files with the Department of Injustice ??

.. [h/t — Powerlineblog.com]..
.. [link] to the blog post ..

.. sharing information from a taxpayer ‘ s file for an unauthorized and / or illegal purpose is illegal . It is a F – E – L – L – O – N – Y . Oops ! …

..People are going to jail on this one . The only question now is how many , and for how long ?? ….

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… A Significant Supreme Court Decision [UARG v EPA] …

Posted by paulfromwloh on Sunday,June 29th,2014

.. well , whatdoes it mean ? ..

.. well , the government does still get to regulate greenhouse gasses . That will be the case as long as the current lineup of the Supreme Court remains unchanges. Once a change comes (hopefully , for the better) , then the EPA can be forces to retreat …

.. [h/t — m.NationalReview(BenchMemos)]..
.. [link] to the blog post ..

.. the decision basically says that the agency (in this case , the EPA) will be granted a certain amount of latitude . That latitude , known in the trade as “Chevron Deference,” gives an agency the ability to implement (within reason) the law and intent of a statute . However , what I think the liberals do not understand with this decision is that UARG limits that deference to a clear point , within reason . It cannot be stretched , as Chief Justice Rehnquist once put it , beyond the limits of reason with the strands of a rubber bands as to be unrecognizable …

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… What are They Thinking ?!?! [#dumping illegal immigrant kids in Az]…

Posted by paulfromwloh on Wednesday,June 25th,2014

.. you heard it right .

.. the Feds [no , not the Mexican Federales] (our Feds) are dumping illegals at bus stops in Arizona .

.. I have always had an innate belief in Sheriff Joe Arpaio . He is one tough customer . He is an old – school lawman . He does not mess around . He tells it how it is … My belief is even stronger now …

.. [h/t — Newsmax]..
.. [link] to the blog post ..

.. Arizona ‘ s counties are as large as you can imagine . They are , on average , around 9,000 to 9,600 square miles each . Arizona has 15 counties , unlike my home state of Ohio [of similar size] , which has 88 . Their sheriffs and their departments have a lot of ground to patrol , so they are wired into stuff like this . Ohio is in the Great Lakes , and borders Canada , which is peaceful . Arizona is in the Southwest , and borders Mexico . Their border is not peaceful , not at all . So , guess who I believe ?

.. the Feds ? , or Sheriff Joe ?

.. easy call –> Sheriff Joe Arpaio , by a mile …

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… What can POTUS do about Amnesty ?!?! [Immigration] …

Posted by paulfromwloh on Tuesday,June 24th,2014

.. basically , next to nothing …

.. Obama can grant a pardon or reprieve on the criminal act . That is an inherent right of a President in the powers and duties given to the POTUS in the Constitition . But , giving illegals ” amnesty ” for citizenship is a civil act . That is something that he cannot do ..

.. [h/t — theRightScoop]..
.. [link] to the CSPAN footage …

.. Illegals are here illegally . They ” jumped ” the line , and came here without legal permission (a visa) . Yea , in case one is wondering , that is a crime . Matter of fact , it is a felony . A pardon clears them of the criminal act (i.i.) . It does not , under the law , clear them as having the clearance for immigration . The strict nature of our immigration laws does not allow the granting of citizenship to someone who came here illegally , unless Congress grants an amnesty , and POTUS signs it into law …

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… It seems that We have another full Week to Wait [#SCOTUS]…

Posted by paulfromwloh on Sunday,June 22nd,2014

.. well , the end of the term is coming ..

.. Finally .

.. but not soon enough . According to the ScotusBlog schedule , there will be opinions issued this week , tomorrow [june 23rd] , and Thursday [june 26th] . Also , next Monday , June 30th ..

.. Well , we have another full week to wait for the fun opinions . A lot of the good stuff [Noel Canning , Hobby Lobby , etc] will likely come out on the 30th , on the last day of the month (and of the term) …

.. maybe we might get lucky , and they will move up the close to the 26th …

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… It will Be , Eventually [#Independent Counsel]…

Posted by paulfromwloh on Saturday,June 21st,2014

.. but a special master will do , to start ..

.. there are several civil cases in front of federal courts , right now . I will guarantee you that these judges will not be happy with these ” dog ate my homework ” excuses . In particular , with those excuses coming from the IRS .

.. [h/t — m.NationalReview]..
.. [link] to the news piece ..

.. The A.C.L.J. is counsel for many of these cases . The others are likely in the hands of lawyers [bloodhounds] like Cleta Mitchell . They will be on top of this instantly , and will not allow the Government any space to breathe . Jay Sekulow , his son Jordan , & Co will demand the appointment of either a Special Master or / and a Special Counsel to investigate . Judges normally cannot appoint independent counsel ,except in special reasons . Now , I believe that they have those grounds …

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… This Could Get Interesting [#federal child dumping]…

Posted by paulfromwloh on Wednesday,June 11th,2014

.. and , no , this is not Sheriff Joe Arpaio getting involved …. yet .

.. what I am talking about is Maricopa County [that means Phoenix] . Phoenix is Arizona ‘ s state capital , so the rest of Arizona ‘ body politic has to be paying attention . Yes , they will pay the bills . They may not want to , but they will do it . Especially in an election year . Most states , including Arizona , have a rainy – day fund . They can dip into this for unanticipated expenses . These kinds of bills sure as hell meet the definition thereof . Maricopa will not be the only one . There will be others …

.. [h/t — AzFamily]..
.. [link] to the story / video …

.. what I am talking about is child abuse . These kids are just being dumped onto the streets of Phoenix (and Maricopa County) . There is plenty of real estate for them to cover . Maricopa County is well over 8,500 square miles in land area . Where I live in Ohio [Cuyahoga County] is 1,250 square miles , and 2/3rds of that is Lake Erie .

.. Also , it is hot as hell this time of year . Average temps during the day in Phoenix are around 105 to 115 degrees , folks . It may be ” dry heat , ” but it is still dangerous as hell , especially to the unacclimated , and most of all , kids …

.. the Maricopa County Attorney is talking about going after the Feds . Specifically , going criminally after the folks who are doing the dumping , and I would suspect , even more . Dumping those kids on the streets in this heat , with no escort or supervision , just to get rid of them , is criminal . It is child endangerment , in my state , in any state …

.. If he has a good working relationship with the US Atty in Phoenix , then the US Atty can go after the folks who are higher up the food chain … and that means all the way up , including , potentially Obama . Yes , POTUS . This is a criminal dereliction of duty , and it is crying out loudly for a federal criminal investigation . A US Atty would be perfect for it , and the visibility would help protect him or her …

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… i hope Dick Morris is Right …

Posted by paulfromwloh on Monday,June 9th,2014

.. he is , of course , referring to the newly published and adopted so – called ” climate change ” regulations …

.. given what ” Dingy Harry ” Reid has done to the D.C. Appeals Circuit , it will take awhile for it to get to the US Supreme Court ..

.. [h/t — newsmax]..
.. [link] to the statement ..

.. the idiots on the court may try to play fast and cute with the case in order to speed it up or especially to slow it down . The cast of characters on the Supreme Court could well change before the case gets there . If it does , then the potential outcome could change drastically …

.. Right now , I can see it going 6 – 3 (conservatives , plus Breyer) , or possibly 6 – 2 (ditto , minus Kagan , since this started when she was Solicitor General) …

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… So , What Do You Think [#Above the Law]…

Posted by paulfromwloh on Sunday,June 8th,2014

.. the way that these knuckleheads have been behaving , I wonder …

.. the arrogance , the aloofness , the brazenness with these idiots …

.. [h/t — RealClearPolitics]..
.. [link] to the press briefing footage …

.. these idiots really do believe that they are ” above the law . ” Presuming that they do , may God in Heaven help us all …

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… IRSgate enters a new Phase [Judicial Watch e – mails]…

Posted by paulfromwloh on Friday,May 30th,2014

.. I would bet that the ObamaCraps are going to hate judicial Watch just as much as the Clintonoids did . It is just that the ObamaCraps do no have Larry Klayman around to use as a bogeyman ….

.. Tom Fitton is a far more low – key kind of fellow , and he has slimmed down Judicial Watch to a far more fighting trim . Its size is far more condusive to being able to hold up in a fight for far longer . Even better , its smaller size s contributors ‘ dollars go much further than before . Now , it a legal fight far more effectively and efficiently …

.. [h/t — theRightScoop]..

..[link] to the blog news ….

.. the e – mails are very damning , but  the scandal into the ObamaCrap White House . The fires of scandal are not that far away , though . The upper reaches of the I.R.S. are badly damaged by all of this . Their fingerprints are all over the e – mails , and they cannot deny it , not one bit …

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… Sorry , Gov. Terry (McAuliffe) [Va Abortion Clinic laws] …

Posted by paulfromwloh on Saturday,May 17th,2014

.. as recently as 2011 , Virginia ‘ s General Assembly (the State House and the State Senate , together) approved new laws for the Dominion State ‘ s abortion clinics . They have to meet strict new hospital – style building codes …

.. [h/t — NationalReview]..
.. [link] to the blog article ..

.. nice catch by Kathryn Jean Lopez at National Review Online . It is sickening and despicable that the pro – death crowd is trying to get away with a stunt like this . Especially after what has happened in Pennsylvania in the Kermit Gosnell case . Have we learned nothing from it , yet ? …

.. now , Virginia ‘ s Governor , Terry McAuliffe , a DemoCrap , is trying to loosen them , or eliminate them entirely . He is stacking the state ‘ s Board of Health (which governs the clinics) with murder – rights supporters . Slight Problem , Terry ?? …

.. those rules were adopted in law , dumb – dumb . You have to enforce them , whether you like it or not . It is rather obvious by your Board of Health picks that you do not . Tough …

.. Enforcing the laws is a part of a Governor ‘ s job . Prosecutorial discretion is one thing . But , you have to enforce the body of law , AS A WHOLE . That means that the new rules do go into effect , like it or not …

.. if this stunt were pulled in Ohio , it would make it up to the Ohio Supreme Court at the speed of Light . Thankfully , Ohio is ruled pretty much all around by conservatives , even on the State Supreme Court . They would drop the hammer on the state government if they tried to pull a stunt like this …

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… Asset Seizure / Forfeiture [#I.R.S.] …

Posted by paulfromwloh on Monday,February 3rd,2014

.. unfortunately , the I.R.S. can pull stunts like this , on very little evidence , or even no evidence at all …

.. the I.R.S. , ideally , should be able to show some sense of illegality involved . They do not have to under the Internal Revenue Code …

.. [h/t — HotAir.com]…
.. [link] to the blog news …

.. you see this a great deal more these days , by many law enforcement agencies . AT least they are supposed to have some legal finding that can be presented in court . The I.R.S. generally does not have to do so …

.. the burden of proof in a proceeding against the I.R.S. is against you . you have to prove that the funds seized were gained as a result of a lawful enterprise . Ditto any non – cash asset seized . They do not have to do so , until you have met the burden of proof …

.. there are times like this that you can fight with a C.P.A. . In order to fight with the I.R.S. in a pissing match like this , you really need a tax specialist who is a lawyer , or , better yet , a tax lawyer ….

.. God Bless , and Good Luck ! …

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