Lake Erie Conservative

thoughtful discussion(s) about issue(s)

Archive for the ‘legal question’ Category

… Prosecutorial Discretion is [#what is it]…

Posted by paulfromwloh on Saturday,December 31st,2016

.. what is it ? ..

.. well , it is the act of making choices ..

.. what POTUS is doing is not prosecutorial discretion . It is a blatant , illegal , and lawless powergrab …

.. what prosecutorial discretion is is the willingness to enforce the body of law . It means the ability and choice to do so as a whole , not in pieces …

.. it means setting priorities , but it still means doing your duty . Obama and his cronies are doing no such thing …

.. what POTUS is doing is what I would define as the most certain ” impeachable offense … “

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

… So , What is Next for Right to Work ?? [#new target]…

Posted by paulfromwloh on Friday,December 9th,2016

.. how about Ohio ?? ..

.. my native state would be nice , for sure . Ohio is , however , an initiative / referendum state . Any move to put through a right – to – work law in Ohio would be immediately under attack on the ballot . But ….

.. put it into the state budget . Ohio has a constitutional quirk , even with the initiative / referendum process . Any issue that is included in the state budget is , however , NOT subject to an initiative . So , then , it would be blocked …

.. anywhere else ?? …

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

.. Missouri is one . Missouri is highly likely to have a GOP governor , once Jay Nixon and his sorry carcus are gone . Peter Kinder , the current LG , would be an excellent candidate . Also , the Missouri GOP has nearly a 3/5ths majority in the legislature , enough to override any possible veto ..

.. West Virginia — the GOP controls both houses of the Legislature , but not the Governor ‘s chair . Not yet , at least . That is yet to come …

— [update] — Wisconsin has adopted its Right – to – Work bill , and Gov. Scott Walker has signed the bill into law , at last , making the Badger State the 25th state with a Right – to – Work law . Yeah !! …

.. after elections next year , Missouri should become state # 26 . LG Peter Kinder [R]  is a strong favourite for the Governor ‘  s race . He has no major opposition in  the GOP  primary , and  is [so far] the strong favourite in the general election race . Presuming he  wins ,  Kinder would  very strongly  and  likely sign the Right to Work bill into law ….

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… 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 »

… 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 »

… Thank You , Moore v. Madigan [#gun rights]…

Posted by paulfromwloh on Sunday,September 11th,2016

.. crime in Chicago is down , markedly …

.. don’t expect Mayor Rahm Emmanuel to take credit for the reason why …

.. concealed – carry …

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

.. you can thank the court case Moore v Madigan for that . The loonie left is too damn scared to appeal it to the Supreme Court . You send this beauty up there , and it goes through , you in effect get nationwide concealed – carry . Boy , would the anti – gun crowd choke on this …

— [update] — the left , especially the anti – gun nuts ,  are scared to death of this case . You take this one , mix in another , say , Palmer v D.C. or Peruta v Cty of San Diego ,  and it goes to the U.S. Supreme Court . Especially if the 9th Circuit tries to play around with Peruta . Then all of those state – level and local – level gun restrictions [say , SAFE Act or Williams Act in NY is the best example] go bye – bye ….

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… the Federal District Judge will have to Review This [#T.I.G.T.A.]…

Posted by paulfromwloh on Wednesday,September 7th,2016

.. this pertains to the F.O.I.A. fight that Cause of Action has mounted against the ObamaCrap Administration . They have submitted a request for documents . The ObamaCraps have fought it every step of the way …

.. this sucker has made it to federal court , more than once . It will , once again . The judge will have to review the documents in question …

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

.. the big headache is what to do with the taxpayer information , if any , that made its way into those e – mails . The judge will have to determine if any of it , or that from a tax file , are present . If either is the case , then the judge has to decide to release the documents , but in redacted form , or release them as is , no matter what the form …

Posted in law enforcement, legal info, legal question, media blunder, personal opinion, rule of law | 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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… 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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… What Taxpayer Info ?? [#Cause of Action]…

Posted by paulfromwloh on Sunday,March 27th,2016

.. Cause of Action has really popped up a super hot potato . I just think that they do not realize how hot a potato that it really has become …

.. those documents [e-mails] that they have requested from Lois Lerner and her office evidently are really dark navy blue hot . Yes , that hot . it is as hot , temperature – wise [on the science scale] as it gets …

.. T.I.G.T.A. is balking at releasing the e – mails because of taxpayer information …

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

.. What info is there in those docs ?
.. Whose info is it ?
.. Individual tax info , businesses , or organization ?
.. Where did it originate ?
.. Where was it sent from ?
[presumably Lois Lerner ‘ s office]
.. more interestingly ,
where did the e – mails go ? To who , and where [especially at the ObamaCrap White House , if at all ?? ]..
.. Why ? [if it can be determined]..
.. When ?
.. For What purpose ? [if it can be determined]…

.. when we get answers to many of these questions , IRSGate COULD ROCKET OFF the scandal scale like crazy …

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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 »

… The F.C.C. has not Gotten the Message [#internet regulation]…

Posted by paulfromwloh on Friday,January 1st,2016

.. you would think that the Federal Communications Commission [the F.C.C.] would have gotten the message , by now .

.. Congress has said no to ” Net neutraility . ” Twice . Also , the federal appeals courts [the D.C. Circuit Court , to be specific] has also SAID ” no ” to ” Net Neutrality . ” Twice more …

.. well , I guess that it is time for Round 3 …

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

.. ISPs and other companies will not stand for this . There will be a huge bi – partisan majority in Congress to overrule the F.C.C. . Not only that , they will act to amend federal law to specifically state that the Internet is NOT a public utility , and that ” Net Neutrality ” is not the will of Congress …

.. either this bill or the Iran Sanctions bill will be the first one in which His Lordship ‘ s veto is overridden …

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

… States can Set some Limits [#vanity license plates]…

Posted by paulfromwloh on Thursday,May 14th,2015

.. but Texas really goofed on this one ..

.. States should be able to set some simple guidelines , ones that everyone has to follow . One is a minimum [reasonable] number , or one that is financially guaranteed by a bond by the group in question . Subject material is another …

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

.. States are notorious for their censorship of license plate messages . They are especially on the hunt for ones that are obscene , no matter what the language . California got filleted recently for letting one through that was patently obscene , but in Vietnamese . San Jose [Ca] is a heavily Vietnamese area , and they easily understood the meaning , one that Caltrans definitely whiffed on . So , they do not like them …

Sons of Confederate Veterans [Texas] license plate

.. But , censoring one like this for the Sons of Confederate Veterans is going a bit too far . It is clearly not obscene . A flag is clearly within good taste . So , Texas , what gives ?? …

.. The Supremes are going to fix this issue for Texas and many other states , and , if need be , set some rules , if the legislature does not beat them to it …

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… Today is A – Day [#Argument Day]…

Posted by paulfromwloh on Wednesday,March 4th,2015

.. yep , it is Argument Day .

.. today , arguments are held at the U.S. Supreme Court in the case of King v Burwell . Yep , it is another ObamaCrapCare care ..

.. except in this case , it is damn serious . Given the actions of the Government , and , in particular , the Infernal Revenue Service , it is absolutely critical ….

.. the Government feels that they can re – write and re – interpret statutes as they see fit . No , they cannot . The precedent that was set in the ruling Chevron v NRDC [commonly called ” Chevron Deference] . The government has some latitude , but only so much latitude in calling a spade a spade . In other words , they cannot engage in creative writing by rewriting and reinterpreting a statute …

.. Professor Jon Adler [of CWRU] and Michael Cannon [of the Cato Institute] really hit a home run when they did the ground – breaking research on their paper . They really hit the nail on the head . The government went too far …

.. now , it is up to the U.S. Supreme Court . One part of the decision is to make the tough decision . The Government royally screwed up . Someone needs to hold them to account for it . The other is to actually hold the government to account …

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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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… the Michael Brown case is going to be a Difficult One [#grand jury]…

Posted by paulfromwloh on Thursday,October 30th,2014

.. if this news report is to be believed …

.. granted , it is the New York Slimes . So , take it with a grain of salt (or two) …

.. but , it is obvious that Ptl. Darren Wilson was seriously injured by this perpetrator (Michael Brown) . Brown was the aggressor . He attacked Wilson in his patrol car . He head – butted him . He punched him several times . Also , the perpetrator went for the gun , and there was a struggle for it . The gun went off several times …

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

.. so , the grand jury is going to be presented with a very serious problem . Is a police officer to be stripped of his right and ability to defend himself , especially if the perpetrator is the aggressor , and seriously injures an officer . The officer should then be justified in using appropriate lethal force to bring the suspect to justice ….

.. — [update] — there has been more information that has leaked out . it makes patrolman Darrren Wilson ‘ s story a good bit more believable . It also serves to discredit many of the eyewitnesses to the shooting . The plot thickens ….

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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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… Megyn Kelly is Right ! [#blasting Mo. Governor Nixon]…

Posted by paulfromwloh on Wednesday,August 27th,2014

.. she is spot – on right …

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

.. she made the point that Missouri Governor Jay Nixon was extraordinary and highly irresponsible in making the comments that he did in urging a ” vigorous prosecution . ” …

.. A grand jury investigates , first , what happened . Then , once one is fairly sure that they have presented a sufficient case , then the prosecutor asks the grand jury to hand up an indictment , or not . They may not . They can vote a ” True Bill ” [an indictment] on the proposed charges , or ” no True Bill , ” thus clearing an individual …

.. that is something that many people do not understand . They understand the trial court process . But , they do not understand the grand jury process , or what it is supposed to do , or achieve …

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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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…Be Careful What You Wish For [#Impeachment]…

Posted by paulfromwloh on Monday,August 4th,2014

.. you just might get it ..

.. right now , the DemoCraps are conducting a fundraising marathon – to – beat – all over the ” I ” word …. not a big shock …

.. amazingly enough , even senior White House aides [including DannyBoy Pfeiffer] and FLOTUS herself are getting in on the act …

.. [h/t — WashingtonExaminer]..
.. [link] to the column ..

.. well , after the first of the year , once the GOP takes over Congress , do not be surprised if it actually comes to pass , given Obama ‘ s actions …

.. the House lawsuit may well do some good . It will , however , take a great deal of time . Crane v Napolitano had promise , but it has died , for now , unless it revives on appeal ….

.. the best case , inadvertantely , is the Arizona case over illegals and driver licenses . Az Gov Jan Brewer has taken this on as a crusade , and her successor [likely a Republican] hopefully will follow . This case will be a big issue in the Az Governor ‘ s election , and that will force the issue . This one , ideally could use a conflict with another circuit , but the Supremes may well take it on themselves …

.. if Obama pulls the stunt that I expect on illegals [exec action on legalization] , I am sure that he will pull it . It is just a question of whether of when he does it ….

.. When he does , the reaction is going to be a honey . It might goose Dem turnout a little , but it will enrage Republicans and Independents . I would bet that even a fair number of Dems will be pissed off by the manuveur . Then calls for the ” I ” word will explode , I will bet …

.. if he does , my voice will be one of them ! …

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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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… 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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