Lake Erie Conservative

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Archive for the ‘legal opinion’ Category

… This Could Be a Game Changer [#IRSGate]…

Posted by paulfromwloh on Monday,November 7th,2016

.. now , the I.R.S. is pinned …

.. they have admitted it .

.. the Lerner e – mails do exist . They have been subpoenaed . They have also been F.O.I.A.ed (by Judicial Watch , naturally) …

.. so , guess what time it is ?? …

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

.. it is time to cough them up . It would be preferable that it be done by a tech expert , overseen by a Special Master , appointed by a federal court . Then , things could get very , very interesting …

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

… I have Heard of Stupid [#DemoCrap Misconduct]…

Posted by paulfromwloh on Friday,October 7th,2016

.. but this is beyond outrageous …

.. congressional oversight is an important part of Congress ‘ job . Besides the making of law and the changing of law , understanding and investigating what is going on in the government at large is damned important . However , Congress is only one part of a 3 – part system of government …

.. Congress relies on the separation of powers . Congress can issue a subpoena , but it relies on the other two branches to enforce a subpoena . The judicial branch will clearly enforce one , but what about when the executive branch is clearly failing to do its job ….

….Right now , I believe the Executive branch is failing in its duty . They should be acting to enforce a Congressional subpoena . However , right now , they are not doing so . They are actively working to obstruct the work of Congress by failing to do so . Worse is the conduct detailed here …

.. [h/t — LegalInsurrection.com]..
.. [link] to the news article …

… from Investor ‘ s Business Daily [ and Legal Insurrection.com]…

DOJ Working With Elijah Cummings To Protect The IRS

An aide to the attorney general accidentally calls the office of the House Oversight Committee chairman, asking for help in spinning the defense of the agency whose head just said they obey the law when they can.

We have commented many times of the all-too-cozy relationship between the IRS and Democratic members of the House and Senate, with members writing to the agency demanding that specific conservative groups and political action committees they find particularly irritating be subject to the “special scrutiny” that the Tea Party and other conservative and religious groups were subjected to in the ongoing scandal.

Of particular interest to us has been Rep. Elijah Cummings, D-Md., ranking member on Rep. Darrell Issa’s House Government Reform and Oversight Committee, who has made every effort to keep the committee from finding out the true extent of IRS corruption and abuse of power in its targeting of conservatives…

Now we have Brian Fallon, a former aide to New York Democratic Sen. Chuck Schumer and a communications aide to Attorney General Eric Holder, who mistakenly called Issa’s office thinking it was the office of Cummings and asked for help in leaking documents to selected reporters for the purpose of creating media spin before Issa and his committee could make them public.

As Jonathan Strong reports at Breitbart News, now the subject of an IRS audit, a letter sent by Issa to Holder about the call “describes Fallon as ‘audibly shaken’ when he realizes his request to leak documents to help get ahead of news stories about them was mistakenly made to the very office he was seeking to undermine.”

.. The Executive is actually acting in concert with the House minority to obstruct the investigative acts of the House majority . They are leaking news stories through to the House DemoCraps , who then leak them to so – called ” friendly ” members of the LameStream media . They do it to try to get ahead of a news story in order to manage a news cycle …

.. it is , to say the least , not what they should be doing . They should be co – operating with the House and the Senate , fairly and equally , no matter who runs the place . Conspiring with one side against the other helps to damage our system of government and helps to endanger our rights …

Posted in legal opinion, personal opinion, rule of law, stupidity (legal) | Tagged: , , , , , , , , , , , , , , , , | Leave a Comment »

… It Was Not Just the ObamaCrapCare Architect [#IRS Subsidies Rule]…

Posted by paulfromwloh on Thursday,October 6th,2016

.. no , it was not just the architect of ObamaCrapCare ..

.. the IRS itself was in on the shenanigans …

.. an excellent column by Kim Strassel [WSJ] points out that the career staff at the IRS initially followed the law , to the letter . That meant that it would be subsidies in state – based exchanges ONLY . The situation changes when it was kicked up for political backing to the highest levels of the Service …

.. [h/t — WallStreetJournal/Opinion]..
.. [link] to the opinion ..
.. [h/t — NationalReview]..
.. [link] to the article ..

.. at that level , the chief counsel [a political appointee] and the Commissioner [ditto] had a very serious problem . Most likely , they got heavy duty heat from the ObamaCraps at the White House . Guess What Happened ?? ..

.. the ruling changed . by July of 2011 , the ruling came out in its final form , having it as subsidies for ALL … a couple of weeks later , Professor Jonathan Alter of Case Western Reserve University in Cleveland , Ohio and Micheal Cannon of the Cato Institute came out with their famous paper … [– note — it is available from the Social Science Research Network , and there is a link , [here]]

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

… Now a Court is Showing some Sense [#Hands on Originals]…

Posted by paulfromwloh on Monday,May 16th,2016

.. Hands on Originals is a simple business . They generally sell t – shirts ..

.. however , that is also where it got them into trouble …

.. the local Gay & Lesbian Services Organization [GLSO] wanted to have some t – shirts made up to support one of their events . One of the owners of HOO objected . As a result , the GLSO filed a complaint in the county Human Rights Commission …

.. when that body ruled against them . HOO sued in court . Given the current legal climate , they did not expect the best of news . However , the judge in the case ruled in their favour …

.. [h/t — VolokhConspiracy.com]..
.. [link] to the blog post // legal opinion ..

.. I am going to include a lengthy clip from the blog post by Professor Eugene Volokh , of UCLA . He is the one who the blog is named for and who founded it . Professor Volokh explains things far better than I can , but it is a dandy explanation of the judge ‘ s reasoning . However , it is a bit lengthy , though …

The Commission decided in favor of Baker, but on Monday, in Hands on Originals, Inc. v. Lexington-Fayette Urban County Human Rights Commission, a Kentucky trial court judge disagreed.

1. First, the judge concluded that Hands on Originals was discriminating based on the pro-gay-pride message that GLSO wanted printed, not based on the sexual orientation of GLSO’s representatives or members. This suggests that the judge thought the ordinance just didn’t apply on its own terms, quite apart from any restrictions imposed by the First Amendment or by Kentucky’s Religious Freedom Restoration Act. But as I read the opinion, the judge didn’t make any such specific finding about the inapplicability of the ordinance.

2. The judge did conclude, though, that applying the ordinance to Hands on Originals’ actions violated the First Amendment:

[“T]he right of freedom of thought protected by the First Amendment against state action includes both the right to speak freely and the right to refrain from speaking at all.[”] … The [Commission] attempted to distinguish [the compelled speech precedents] from the case at bar with the explanation that “In this case there was no government mandate that the Respondent (HOO) speak.”… [But i]n fact, HOO and its owners, because they refused to print the GLSO t-shirts that offended their sincerely held religious beliefs, have been punished for the exercise of their Constitutional rights to refrain from being forced to speak….

The Commission in its oral argument says it is not trying to infringe on the Constitutional Rights of HOO and its owners but is seeking only to have HOO “…treat everyone the same.” Yet, HOO has demonstrated in this record that it has done just that. It has treated homosexual and heterosexual groups the same. In 2010, 2011 and 2012, HOO declined to print at least thirteen (13) orders for message based reasons. Those print orders that were refused by HOO included shirts promoting a strip club, pens promoting a sexually explicit video, and shirts containing a violence related message.

There is further evidence in the Commission record that it is standard practice within the promotional printing industry to decline to print materials containing messages that the owners do not want to support. Nonetheless, the Commission punished HOO for declining to print messages advocating sexual activity to which HOO and its owners strongly oppose on sincerely held religious grounds.

HOO did not decline to print the t-shirts in question or work with GLSO representatives because of the sexual orientation of the representatives that communicated with HOO. It is undisputed that neither [of the] HOO representatives … knew or inquired about the sexual orientation of either GLSO representatives …. Rather, … the conversation between GLSO representative … and HOO [co-]owner [Blaine] Adamson was about GLSO’s mission and what the organization generally promoted…. HOO’s declination to print the shirts was based upon the message of GLSO and the Pride Festival and not on the sexual orientation of its representatives or members….

If Massachusetts could not compel [St. Patrick’s Day] parade organizers to include a group advocating a [gay rights] message that the parade organizers did not support, [Hurley v. Irish-American Gay, Lesbian & Bisexual Group of Boston (1995),] how can the LFUCG Human Rights Commission interpret the “Fairness Ordinance” to compel HOO and its owners to print a t-shirt conveying a message that HOO and its owners do not support and in fact find blasphemous? The Court holds that the Commission cannot take this action consistent with the U.S. Constitution….

This Court has undertaken review of this case based upon … the doctrine of “strict scrutiny.” … This Court does not fault the Commission in its interest in insuring citizens have equal access to services but that is not what this case is all about. There is no evidence in this record that HOO or its owners refused to print the t-shirts in question based upon the sexual orientation of GLSO or its members or representatives that contacted HOO. Rather, it is clear beyond dispute that HOO and its owners declined to print the t-shirts in question because of the MESSAGE advocating sexual activity outside of a marriage between one man and one woman. The well established Constitutional rights of HOO and its owners on this issue is well settled and requires action by this Court….

3. The court also held that the commission’s actions violated the Kentucky Religious Freedom Restoration Act, which provides,

Government shall not substantially burden a person’s freedom of religion. The right to act or refuse to act in a manner motivated by a sincerely held religious belief may not be substantially burdened unless the government proves by clear and convincing evidence that it has a compelling governmental interest in infringing the specific act or refusal to act and has used the least restrictive means to further that interest. A “burden” shall include indirect burdens such as withholding benefits, assessing penalties, or an exclusion of programs or access to facilities.

The court first concluded, following the reasoning of the U.S. Supreme Court in Hobby Lobby (where the Court was interpreting a very similar federal statutory scheme) that the Kentucky RFRA applied to corporations such as Hands On Originals, and, “[b]ecause the Commission’s Order requires HOO and its owners to print shirts that convey messages contrary to their faith, that Order inflicts a substantial burden on their free exercise of religion.” And the court then concluded that the commission’s actions can’t be justified under the “strict scrutiny” (“compelling governmental interest” / “least restrictive means”) exception that the Kentucky RFRA provides:

[T]he Commission has not even attempted, much less shown by “clear and convincing evidence” or otherwise, that it has any compelling government interest in the consequences imposed upon HOO and its owners in this case. As previously mentioned, it is the understanding of this Court based on the record that GLSO was able to obtain printing of the t-shirts in question at a substantially reduced price or perhaps even had them printed for free. This was the offer extended by HOO owner Adamson in the initial phone conversation with a GLSO representative to refer GLSO to another printing company to do the work for the same price quoted by HOO. The Court holds that the Commission has not proven by clear and convincing evidence or otherwise that it has a compelling governmental interest to enforce in this case….

The analysis seems quite right to me. I expect there will be an appeal, so we’ll see what the Kentucky appellate courts have to say about this.

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… Harvard should be Ashamed [#Sexual Harassment Policy]…

Posted by paulfromwloh on Wednesday,April 20th,2016

.. the College has adopted a new policy .

.. like many colleges and universities , it has turned the notion of due process into an obscene joke . Anyone who is accused is inserted into , in effect , the ” star chamber ” process . It will be next to impossible for anyone [guilty or innocent alike] to defend themselves …

.. [h/t — m.NationalReview.com]..
.. [link] to the commentary …

.. 25 Harvard Law professors came out with a signed letter in the Boston Globe , roundly condemning the policy . They strongly advocate that the college start all over again , and derive a new and fairer policy , one that gives people who are accused a fair shot to defend themselves …

.. I highly concur . I have seen university disciplinary procedures in action , They are no fun . At least , not guilty or guilty , an accused person should have the right to defend themselves . Even more important . they should have the presumption of innocence , and their guilt beyond a reasonable doubt must be proven …

.. this needs to be done , because a proceeding , especially with a state school , can easily find itself hauled into court . A judge will measure the proceeding , and ask : was the process fair ? was the judgement fair ? …

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… What I think [#POTUS and Exec Amnesty (Immigration)]…

Posted by paulfromwloh on Monday,April 18th,2016

.. you would think that there are no court cases out there . There would be no way in order to reverse POTUS ‘ action , and crack down on his antics on misconduct in office …

.. Wrong ! …

.. there is this little matter of Az Dream Act Coalition (sic) v. Brewer . It is a case out in the loonie land of the judiciary , the 9th Appeals Circuit Court . Yeah , that one . So , what is it about ??

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

.. when POTUS pulled his stunt on D.A.C.A. (for the Dreamers) , Az Gov Jan Brewer retaliated . She made it explicitly clear that under Arizona law , illegal aliens were clearly ineligible to receive documernts such as Az driver licenses . They were not able to , already . Her E.O. made it more explicit . So , the coalition sued …

.. the Federal District Court in Phoenix said no . However , a 3 – judge panel of the 9th Circuit said yes , that Dreamers could get these government documents , such as driver licenses . Even though AZ law was clear on the subject , that they were ineligible , and thus not allowed …

.. I think that the U.S. Supreme Court could reach down to this court , grab the case , and fast – track it for briefs and arguments at the Supreme Court . Boy , would that set off a circus . It would , in addition to the likely impeachment inquiry that would result from such an order . People will think that potus WILL GO SMALL . iN THIS CASE …

.. in for a penny , in for a pound . I think that Obama will go for ” the gusto , ” and supposedly ” legalize ” as many people as he thinks that he can get away with ….

— [update] — well , His Lordship did do it , just but not as much as I expected . Also , now , Arizona has a new GOP governor [Douglas Ducey] who is just as committed to this case . This case is far closer to the US Supreme Court than anything else , so stay tuned …

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… Don’t Those Knuckleheads Ever Learn [#US Treasury][#tax inversion]…

Posted by paulfromwloh on Wednesday,April 6th,2016

.. it seems that Our country ‘ s Treasury Department is a glutton for punishment . Also , they want to be stuck in court with multiple court cases ..

.. So , what the fart is the big brawl all about with these ” tax inversions ?? ” …

.. simple , and for 2 reasons . One is our country ‘ s tax rate . Currently our’ s top tax rate for corporations is about 35.0% , which is the highest in the Western World . Having a rate that high is going to inspire many attempts to go to tax havens , and the use of tax dodges ..

.. [h/t — Reuteurs.com/business]..
.. [link] to the blog post news ..

.. the other is the way our country taxes corporations . Worldwide , companies are taxed generally one way . They only pay tax on the earnings on the income earned in that specific country . Our does it radically different . Our country taxes income on companies on a worldwide business basis . It just does not mean our nation alone , but in every other country on the planet ..

.. Treasury is trying to legislate by ” executive order ” or by regulation . Oops . Regulations may interpret and implement existing law . They may not act to write new law . That is Congress ‘ job ,folks ..

.. So , what happens ? The stuff get challenged in court , and by a company willing to take on the battle .most companies do not want the to spend the fuss or the tIme .But some do . Those are the ones that will benefit from the battle [and the expense]…

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… It is a Real Bad Move to Piss off a Federal judge [#Texas v US]…

Posted by paulfromwloh on Wednesday,January 27th,2016

.. now that the 5th Circuit Court of Appeals has ruled in favour of the plaintiffs [in terms of the injunction] , well , now , it should motivate the Federal Government to substantially and fully comply with Judge Hanen ‘ s order ..

.. well , now , Judge Hanen is now pissed ..

.. the Government is still making approvals of both D.A.C.A. and D.A.P.A. . Even though with the injunction they were told specifically not to . They are still up to it ..

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

.. Judge Hanen has summoned quite a few people to a hearing in August . Those summoned include the H.H.S. Secretary and the Secretary of Homeland Security . I would not be surprised of our new AG , Loretta Lynch , were not added to the list . She would deserve it , even though it was former AG Holder ‘ s inaction that contributed to all of this …

.. they should also bring their checkbooks . The judge is threating the whole crew with civil contempt findings if they have not fully complied with the original injuction . Somehow I get the idea that a finding of criminal contempt may not be far behind …

Posted in legal opinion, legal question, personal opinion, stupidity (criminal), stupidity (legal) | Tagged: , , , , , , , , , , , , , , | Leave a Comment »

… Now What is the Ruckus [#Tamir Rice case]…

Posted by paulfromwloh on Friday,October 23rd,2015

.. plenty ..

.. as part of his decision – making process , Tim McGinty [the county Prosecutor] has engaged several outside experts to weigh in on the case . Whether he [as the prosecutor] decides to take the case to the grand jury , or makes the decision himself not to bring charges , he figures that the opinion of outside experts in the use of police powers and the use of force would be helpful …

.. well , he did . It is not as if McGinty is being a political chicken . McGinty is no fool , especially given the extremely high profile of this case . However , the more information that is available , the better . Even better yet , the information that is used in his decision – making process is being released . Normally , with a grand jury , it would not be . But in this case , a little demystification of the grand jury process is not such a bad idea ..

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

.. so , what is all the ruckus ?? …

.. the outside experts have spoken . The Rice family does not like what these folks have said . What the experts have stated is that the two cops who responded to the public part exhibited a ” reasonable amount ” of force ..

.. what does that mean ? If the case goes to a grand jury [as is my guess] , the grand jury will not indict the two cops . They were reasonable in their use of force in shooting the young boy . They has good reason to think that the gun that young Tamir Rice has was a real gun . In addition , Rice drew on the cops . In any case involving the police , that is a really , really bad idea …

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… The N.F.L. has a problem with the Ray Rice issue [#suspension]…

Posted by paulfromwloh on Monday,November 3rd,2014

.. but , it is not what everyone thinks …

.. the N.F.L. has a constitutional problem regarding the rights of a player , to wit , that being those of Ray Rice …

.. yes , Rice clearly deserved to be suspended and for far more than 2 games . But , those were not the rules in effect at the time …

.. [h/t — TMZ Sports.com]..

.. [link] to the attack video …

.. the rules of the C.B.A. [the collective bargaining agreement] generally act to protect the rights of the players . Legally , as well as constitutionally . So , if there is a provision of the CBA that is in contravention of ” public policy , ” then it is illegal , and has no legal effect . Ditto with constitutional rights …

.. it is encumbent on players to be honest with their teams and the league . No matter how embarrassing the incident . Provisions of the CBA (especially the NFL’s) penalize people (even owners , such as Indy ‘ s Jim Irsay) who violate policies of conduct . That most definitely includes lying to your team , your coaches , and most of all , the league as a whole …

… What I understand here is this …. Ray Rice apparantly told the truth to his team [the Baltimore Ugh – Ravens] and the NFL . He can omit even a little , as long as long as it is not material . That would then be a lie of omission …

.. It is clearly evident from the first videotape that Rice ” clocked ” Janay Palmer . That is very easy to see , and to assume . She walked up to the elevator , and in with him . He then dragged her out by her shoulders and hair . It does not take a rocket scientist to figure out what happened …

.. then , when disciplined by the league , Rice told the truth , as best as I can tell . He punched . Oh boy , did he ever . He was then punished , according to the rules at the time [a 2 – game suspension] . The reaction to that action has been a honey …

.. Now , he has been punished again , for the second video . Baltimore is well withing its rights to release Rice . That is a part of the business of football . Rice became ” radioactive . ” But , the league errered …

.. more to come …

— [update] — Rice has appealed his added suspension to an independent arbitrator . Goodell has been ordered by that arbitrator to appear at the hearing . I think that his added suspension is going to be overturned …

.. also , Rice is too radioactive to be picked up for this season . Once his added suspension is thrown out [as  I expect] , then the league will  likely settle with rice for the balance of his contract . It is the league , not the ugh – Ravens who royally scrwewed up . Sometime next year , someone [another N.F.L. team] will take a chance on him …..

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… Victory for Voter I.D. [#Wisconsin]…

Posted by paulfromwloh on Wednesday,October 15th,2014

.. well done by the folks up in Wisconsin …

.. the full 7th Circuit Appeals Court has now ruled on the merits on the Voter I.D. case . As a result , Voter I.D. will go in to effect , as scheduled , for this November ‘ s elections …

.. [h/t — LegalInsurrection.com]..
.. [link] to the blog news // court decision

.. the radical interest groups have been fighting this < TOOTH AND nail , for years . They will keep on fighting it , no matter what , unfortunately …

.. [–note–].. the link includes the relevant court decision …

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… You Have to Be Kidding [#sham marriage suit in Oregon]…

Posted by paulfromwloh on Monday,October 6th,2014

.. yet , here it is …

.. having to deal with a radical activist AG in Oregon is bad enough .

.. in a case in an Appeals Circuit [the 9th Circuit] that is the very worst for radical activism in the U.S. is even worse . This circuit was the home base for the pro – so – called gay marriage case Hollingsworth v Perry , right out of California …

.. [h/t — m.NationalReview.com(BenchMemos)]..
.. [link] to the case documents …

.. but active collusion betwee the parties ?? … come on ??? …

.. it is clear from the documentation that the National Organization of Marriage has got the State and the opposing parties dead to rights . They were caught in the act of active and open collusion before , during , and after the court case . Even during the appeallate phase …

.. it is clear that this case should be vacated and reversed . It will be brought again , without doubt . However , the private parties should be allowed to fight it out . The state of Oregon should be ordered to stay out of it , and should be severely sanctioned for its misconduct …

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… Relief from the Supremes [#Ohio voting case]…

Posted by paulfromwloh on Thursday,October 2nd,2014

.. and , for some expert commentary , from the Volokh Conspiracy , Professor Jonathan Adler [ of Case Western Reserve University , right here in Cleveland , Ohio] …

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

September 29 at 8:05 PM

Earlier today  the U.S. Supreme Court put on hold a district court injunction against changes to Ohio’s voting rules.  Splitting 5-4, the Court granted the order sought by the state, overturning the judgment of a three judge panel of the U.S. Court of Appeals for the Sixth Circuit.  No opinions accompanied the order.  A petition for rehearing en banc remains pending before the Sixth Circuit.

As a consequence of the Court’s order, recently enacted changes to Ohio’s voting rules will be in effect for the November elections.  Among the changes are a reduction in the in-person early voting period from 35 days before the election to 28 days, a reduction in weekend voting, and the elimination of nighttime early voting. Here are early reports from SCOTUSBlog, the Columbus Dispatch and the Post’s Robert Barnes.

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… Scott Brown has a Good Point [#citizenship]…

Posted by paulfromwloh on Thursday,September 4th,2014

.. he raised this point …

.. if an American went to join a foreign terrorist organization , and it can be documented …

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

.. then they can and should be stripped of their American citizenship . For foreign – born jihadis , this would be fairly simple . But for native – born citizens , it would be difficult . Still , it should be attempted , to send a message to these jokers ….

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… I hope the States will Go after the Feds [#illegal immigration]…

Posted by paulfromwloh on Sunday,August 17th,2014

.. what is happening on the border and on the interior is immoral and outrageous . That the federal government is complicit in these procedings is evil …

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

.. I hope that the states group together and go after the Feds . The current lawsuit by border patrol agents against the Federal Government [Crane v Napolitano would be the perfect vehicle . The states could join in as plaintiffs , if the border patrol union agreed . if the Feds (our Feds , not the Mexican Federales) are stupid enough to appeal this critical legal case , then they deserve every bit of legal hell that they would get from the judiciary .

.. Right now , Crane is at the Fifth Appeallate Circuit , where the Government lost . They have a certain amount of time to decide what they want to do . Appealing would be dangerous . Not appealing would be even more dangerous . So , it is damned if you do , and damned if you don’t ..

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… Bombshell ! update [#Fast and Furious]…

Posted by paulfromwloh on Thursday,August 14th,2014

.. well , someone finally called out the ObamaCraps ..

.. unfortunately , it was not Congress .

.. the Congressional subpoena is still pending . After that , AG Holder was cited for contempt for a second time . Also , the House brought suit in the US District Court to enforce the committee subpoena . At least as of now , there has been no news notice of the court filing …

.. [h/t — TruthRevolt.org]..
.. [link] to the judicial news …

.. Judge Bates [by the way , a Bush 43 appointee] has ruled that the Holder Department of Injustice and the ObamaCrap Administration has to produce what is known as a ” Vaughn Index . ” A Vaughn Index shows the identity and short form of the content of documents that are being withheld under a claim of privilege . With the court order , especially with the F.O.I.A. case , the Judge has determined , within limits , that the privilege claim is tetantively a ” crock of [bleep] . ” So , the ObamaCraps have a serious problem …

.. usually a Vaughn Index is dealt with under ” seal . ” So , it will still be a while before we know anything about what the ObamaCrap Administration is playing ” fast and cute ” about . I wonder what is so ” white hot ” that they felt that they had to withhold it …

.. if Judge Bates allows either the index or the docs out into the public domain , this could get real interesting , folks . Fast ! …

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… A Nightmare [#likely to be Overturned]…

Posted by paulfromwloh on Wednesday,August 13th,2014

.. I am referring to AZ Dream Act Coalition v Brewer ..

.. since the passing of Crane v Napolitano . there has not been much ready hope for legal remedies for His Lordship ‘ s antics . Now , ironically , there may be …

.. Az DAC v Brewer gives one hope . It likely is a short trip from the panel on the 9th Appeals Circuit to the U.S. Supreme Court . In D.C. , many , many rulings from the 9th Circuit have gone to die , to be ” overturned . ” I believe that Az D.A.C. will be another …

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

.. taking a case to the ” en banc ” route [in San Francisco , where the 9th Circuit sits] is fruitless . This court is huge , and is extremely liberal . More than 2/3rds of the judges who sit on the court are moderate liberal to ultra-liberal . The likelihood is strong that a liberal panel will not overturn Az D.A.C. . The Surpremes probably would …

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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 …

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… Great News on Gun Rights [#Peoples Republic of D.C.]

Posted by paulfromwloh on Sunday,August 3rd,2014

.. yes , it is free .

.. our nation ‘ s capital is now no longer a gun free zone ..

.. for many years , the District of Columbia has had one of , if not the fiercest gun grab laws in the country . You simply could not carry a gun on the streets of the District for ANY reason , for more than 50 years ..

.. [h/t — LegalInsurrection]..
.. [link] to the legal opinion ..

.. it will be interesting to see what the D.C. city government decides to do . This case is in federal court , not the captive courts of the District , and would go up to the D.C. Circuit Court of Appeals , where both Heller and McDonald originated . I think that the government wants to appeal this , and maintain their precious gun ban , but the gun grab groups may well be having second thoughts ..

.. First , this one has to go to the D.C. Circuit Court of Appeals . It now has a more stacked 7to4 democrap majority , but Heller and McDonald are binding precedent . They just may well try to mess with them, surprisingly enough . Doing so , though , would piss off the Supremes ….

.. Heller and McDonald were decided 6 to 3 , not 5 to 4  , so they are not slim majorities . The gun – grab groups may not want to risk setting a nationwide case precedent . Drake v. Jerejian might be one case . Moore v Madigan might be another case . Palmer just may be a case were  the gun grab groups are stupid enough to push it up the way , and have it blow up in their faces  ..

.. especially when the definition of ” bear ” arms comes from , not a majority opinion , but a dissent , and of all people , from Justice Ginsberg in a dissent in another case …

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… Sorry , Charlie , but Those E – Mails are Public Records [#breitbart legal battle]…

Posted by paulfromwloh on Tuesday,July 29th,2014

.. Shirley Sherrod [late of the Agriculture Department] is fighting against the estate of Andrew Breitbart and his business partner , Larry O ‘ Connor in a bruising brawl over a charge of defamation …

.. it comes from a series of posts made on Breitbart.com [BigGovernment.com] during 2010 , after which Ms Sherrod was forced out of her job at the Agriculture Department . Evidently , O ‘ Connor is filing for discovery of related e – mails from the ObamaCrap White House that are related to the battle . A decision is pending …

.. also , from those blog posts , video clips were posted . I had forgotten about that . If I remember right , those video clips clearly show that Sherrod is clearly a racist . She has been nailed to the wall , like it or not …

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

.. It is absolutely and abundantely clear that the ObamaCrap White House was involved in the Sherrod affair . The big question is how much . The ObamaCrap injustice Department is seeking to keep those e – mails under seal . However , unless the E.O.P. wants to , in effect , exert Executive Privilege , those e – mails are public records ….

.. they were already sought in a F.O.I.A. action by both Judicial Watch and by Breitbart Media . Those items were not produced , and they are clearly relevant and pertinent to the case ….

.. they may not come out right away , but they will come out . Whether the federal government or the federal district court judge likes it or not …

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… 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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… Nice Try , Guys [#AGs playing dirty]…

Posted by paulfromwloh on Wednesday,July 23rd,2014

.. state AGs , especially the DemoCrap ones , have a habit of trying to play dirty . Anyone who is remotely familiar with the grand Tobacco Settlement [read : extortion] of the very late 1990s can understand that …

.. now , we are seeing the flipside of the efforts at disclosure of campaign finance and a person ‘ s contributions to a non – profit . People , including me , are rethinking their positions …

.. it is especially the case after the episode of Brendan Eich . Eich was for a short time toe CEO of the website supplier Mozilla . Eich , who is I think something of a libertarian , was harassed and hounded out of his CEOs job courtesy of a campaign contribution that he had made to the traditional marriage initiative [Proposition 8] in California …

.. [h/t — WallStreetJournal/Opinion]..
.. [link] to the opinion …

.. Mozilla evidently had a fair number of gay and lesbian employees . They did not want someone as their boss who had contributed to that initiative campaign back in 2008 . So , Eich resigned …

.. the results of the Eich episode are especially acute where it comes to non – profits . Political contributions are designed to be disclosed . Contributions to non – profit groups are designed , both by law , and by court precedent , to be confidential . The efforts of the AGs in Californai [kamala Harris] and New York state [Eric Sneiderman] are designed to undermine this effort …

.. what part of federal supremacy and court precedent , in addition to tax law , do those two idiots not understand ?!?! keep your damn hands off of my non – for – profit contributions . They are the business of mine and the groups , and are for no one else , especially you two nosy bodies ….

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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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… One Thing that Would help a New V.A. Secretary …

Posted by paulfromwloh on Monday,July 21st,2014

.. besides new authority , and a reorganization , one that he / she can implement ?? …

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

.. putting the fear of God into the VA workforce …. by the appointment of an Independent Counsel ..

.. there is plenty of business to investigate …. all over the country . It will take years . It will also help pressure the VA to get its act together while testifying before Congress . If they get caught fibbing , the Counsel will come down on them like a load of bricks …

.. there are other cases where an Independent Counsel is needed , God knows … IRSGate , Fast & Furious , for example . This one cries out for one , so that those idiots at the V.A. understand what they have done is I-L-L-E-G-A-L ….

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… the Battle over Hobby Lobby Continues …

Posted by paulfromwloh on Saturday,July 12th,2014

.. and , amazingly , it gets much better ..

.. Wheaton College is a religious – oriented school . They challenged ObamaCrapCare in the lower levels of the courts . I am not sure , but I think that they may have lost in the lower levels of the courts …

.. now comes the effects of the Hobby Lobby decision . And the court ‘ s liberals have split , with Steven Breyer siding with the conservatives , and the 3 ladies issuing a vehement dissent …. which is rare , because the order for Wheaton college v . Burwell was a per curiam [ or unsigned] opinion…

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

.. from HotAir …

After the Hobby Lobby decision, a number of people pointed to a reference to the so-called “accommodation” for religious-oriented organizations in the HHS contraception mandate to conclude that the Supreme Court’s decision would be limited to the for-profit sector, and only to certain methods of contraception. A series of orders the next day showed the latter was not true, and a decision late yesterday suggests the former isn’t, either. An emergency injunction on behalf of Wheaton College sparked the ire of three Supreme Court justices, who issued an angry dissent to the unsigned order that temporarily sets aside the “accommodation”:

Today, the Supreme Court granted Wheaton College an injunction pending appeal against enforcement of the contraception mandate, even though Wheaton was eligible for the accommodation HHS has provided for religious non-profits. Specifically the Court ordered:

If the applicant informs the Secretary of Health and Human Services in writing that it is a non-profit organization that holds itself out as religious and has religious objections to providing coverage for contraceptive services, the respondents are enjoined from enforcing against the applicant the challenged provisions of the Patient Protection and Affordable Care Act and related regulations pending final disposition of appellate review. To meet the condition for injunction pending appeal, the applicant need not use the form prescribed by the Government, EBSA Form 700, and need not send copies to health insurance issuers or third-party administrators.

.. and it continues …

First, the issuance of a temporary injunction is not a decision, as Sotomayor well knows. Sotomayor herself issued a temporary injunction to stop enforcement of the mandate on the Little Sisters of the Poor, which caused an eruption of hysteria and Know-Nothing anti-Catholic bigotry at the beginning of the year — a foreshadowing of what we saw this week, actually. A stay is just a pause that allows the courts to consider the issue at hand before enforcement does serious damage to the plaintiff, based on a reasonably good chance for the petitioner to win the case but not a decision on the merits. The court signaled that they want a closer look at the accommodation, not yet that it’s not acceptable.

But didn’t they already rule on the accommodation in Hobby Lobby? Not yet, as I warned earlier this week. Justice Samuel Alito’s opinion does cite the accommodation, but never directly finds that it satisfies the RFRA. He mentions it to demonstrate an entirely different point — that the government didn’t offer to Hobby Lobby what it did to other organizations and which HHS claims as satisfactory to relieve the burden on religious expression, which means that even by the government’s own standard they did not use the least burdensome method to satisfy what they consider a compelling state interest:

Wheaton College v Burwell opn segment

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… Bowe Bergdahl has Some Explaining to Do [#his own actions]…

Posted by paulfromwloh on Friday,July 11th,2014

.. if the news reports are accurate , Bowe Bergdahl is likely going to be in some serious trouble when he comes home ..

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

.. also , credit FoxNews ..

.. unless there is some legal provision keeping them secret , the intelligence reports will likely be able to be used by the government in an investigation . Maybe not as direct evidence , in an of itself , no . But it provides a trail for investigators to follow .

.. In some situations , there are legal protections , and for good reason . If the sources are sensitive enough , the government may not allow the intelligence to be able to be used in an investigation . The sources and or methods may well be that sensitive . This is not a safety inquiry , where part of the inquiry is blocked to encourage cooperation for future use by safety regulators . it is a criminal inquiry , where the accused is in some serious hot water .

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… What Part of Court Precedent does the City of Chicago not Understand [gun rights / gun sales]…

Posted by paulfromwloh on Tuesday,July 8th,2014

.. I am talking about court precedent , such as Heller v DC [gun rights] , McDonald v City of Chicago [ditto] , and Moore v. Madigan [likewise] …

.. Mayor Rahm Emmanuel is living dangerously …

.. he has to be reasonable , or the court is going to do the job for him ..

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

.. until this year , gun sales were effectively prohibited in the City of Chicago . No more . Courtesy of a ruling in a case brought by the Illinois Shooting Sports Federation , Federal Judge Edward Change basically slapped down the city . He has given the city up to 6 months to enact gun store sales regulations . If they do not straighten up and fly right , the judge can enact them by court ruling …

.. if he has to do that , it will be open season in the City . Which City Hall will hate with a passion . Those dummies have to remember , they are still under the precedent from Chang ‘ s original ruling , plus the ruling in Moore v. Madigan . They have to obey it . like it or not …

.. they may wish that the state would appeal Moore to the US Supreme Court , but the anti – gun groups are scared to death . If the Moore precedent is applied nationwide , a whole boatload of gun laws , like the Wiilliams Act and SAFE in New York (for example) would go bye – bye …

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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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