Lake Erie Conservative

thoughtful discussion(s) about issue(s)

Archive for the ‘legal strategy’ Category

… 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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… What are They Thinking ?!?! [#Operation Choke Point]…

Posted by paulfromwloh on Thursday,November 10th,2016

.. I am sorry that I did not know what Operation Choke Point was , before .

.. I do now .

.. It is unquestionably illegal , an illegal use of congressionally appropriated funds for which there is no moral or legitimate purpose . People who run legal businesses have a right to do business , without hindrance . Banks and other financial institutions may choose to or not to do business with them . They have the right to choose to enter or exit areas of business that they find tasteful . If they find them distasteful , then they will not do so . But , it is their choice …

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

.. Governments have at their discretion a great deal of power . They should use it responsiby and carefully . It is not the province of the government , however , to grossly misuse its law enforcement and regulatory powers to harass , intimidate , and / or penalize them . They have a right to do business with whom they choose . They do not have a right to put them out of business by indirectly targeting them by their financial intermediaries [the banks / s&ls , etc]. It is not just unfair , it is illegal and unconstitutional …

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… This One is Important [#Legal Attack on Racial Preferences]…

Posted by paulfromwloh on Thursday,March 17th,2016

.. it could have been any school across the country .

.. in this case , it was one private school [Harvard College] and one public state university [the University of North Carolina] …

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

.. the lawsuit is gutsy , as well as a new front in the legal war that seeks to end racial preferences across the nation . They have to do it themselves , unfortunately , because they are not going to get any help from the ObamaCraps …

.. the ObamaCraps , especially , are about as pro – racial preferences a presidential administration that I have ever heard of . You can go back to the origination of the preferences , under both Republican and DemoCrap POTUSes . None of them have been this radical . None …

.. ironically , it is not white folks who are being discriminated against in this case . Nope , not this time . It is Asians , of all people , who are getting nailed by the racial preferences in admissions . Presumably , it is happening at the graduate and doctoral levels , as well …

.. I wish them God Speed , and good luck !! …

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

Posted by paulfromwloh on Saturday,July 26th,2014

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

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

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

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

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… A 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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… Freedom means Liberty …

Posted by paulfromwloh on Saturday,July 12th,2014

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

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

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

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

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… 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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… 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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… Bowe Bergdahl ‘ s conduct should be investigated …

Posted by paulfromwloh on Monday,June 30th,2014

.. yes , he has been through a hellish experience .

.. however , he has a duty to his fellow soldiers and to our country . He needs to account for his actions …

.. before he is discharged from the Army , or he is possibly even promoted to a higher enlisted rank , he needs to be investigated . Given the news reports , a number of his actions have been called into question . What happened needs to be fleshed out …

.. for Mr. Bergdahl ‘ s future , as well as for his reputation , it needs to be done …

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

Posted by paulfromwloh on Sunday,June 29th,2014

.. well , whatdoes it mean ? ..

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

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

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

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

Posted by paulfromwloh on Tuesday,June 24th,2014

.. basically , next to nothing …

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

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

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

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… Danger , Danger [#at the Border]…

Posted by paulfromwloh on Monday,June 16th,2014

.. does POTUS know the meaning of the words ” impeachable offence ? ” ..

.. I thought so ..

.. well , this is one , all by itself ..

branco cartoon (illegal immigration flood)

.. [h/t — ComicallyIncorrect.com]..
.. [link] to the cartoon ..

.. Obama is in deep trouble . He just does not know it , yet …

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… I stand with Masterpiece Cakeshop …

Posted by paulfromwloh on Sunday,June 15th,2014

.. and its owner , Jack Phillips ..

.. Jack Phillips is an evangelical Christian . He founded his business in Lakewood , Colorado (a suburb of Denver) in the summer of 1993 . One would think that a small businessman , one who does cakes and other bakery products would not cause a big ruckus . One would be wrong ..

.. As an evangelical Christian , Jack Phillips will not do any events for same – sex ceremonies . He has done business with many same – sex couples for other events . He just will not do so for so – called ” same – sex weddings ” and other ceremonies of the like , because of his religious beliefs . As a result , a ” couple ” sued Phillips in the courts in 2012 …

.. [h/t — theRightScoop]..
.. [link] to the blog piece ..

.. The Colorado ” Civil Rights ” Commision upheld the act of an administrative law judge , finding Phillips and his business [Masterpiece Cakeshop] , guilty of discrimination in failing to serve the ” couple . ” It also ordered other ” remedial ” acts for Phillips to undertake . Why ?

.. The Commission has forgotten that Phillips has constitutional rights under the First Amendment , and that those apply to the states , courtesy of the 14th Amendment . Ergo , his constitutional rights to freedom of religion outweigh those created by statute by the State of Colorado . Colorado and other similarly activist states should remember that when they try to pull a stunt such as this …

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… i hope Dick Morris is Right …

Posted by paulfromwloh on Monday,June 9th,2014

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

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

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

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

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

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

Posted by paulfromwloh on Saturday,May 17th,2014

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

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

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

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

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

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

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

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… This Hollywood Scandal is on Low – Simmer for Now [Bryan Singer / X – Men]..

Posted by paulfromwloh on Wednesday,April 30th,2014

.. it is not that Bryan Singer is gay that bothers me .

.. his personal life normally is his business , and nobody else ‘ s . So , what is the issue ?

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

.. quite a few of them , a lot of them criminal in nature . However , credibility and timing are very much at issue , right now …

.. to be honest , for now , Singer is going to be nowhere near his beloved film franchise . He cannot get anywhere near it , right now , at least in public . On the set , he can . In public , no way …

.. there could be more to it . For the allegations to hold water , there needs to be , especially with corroboration . Given the results of the McMartin preschool case , you are going to need more than that , especially with adults , in order for there to be the possibility of a solid criminal inquiry or criminal charges against anyone ..

.. if there is more credibility [documents , corroboration , security video , etc… ] to these allegations , boy , oh boy , could they get to be explosive , in more than one way ….

.. more to come , to be sure

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… An Important Case [but not at the US Supreme Court]…

Posted by paulfromwloh on Monday,April 7th,2014

.. what initially I am referring to was Hobby Lobby v Sebelius . That was the current case that was at the U.S. Supreme Court only a couple of days ago …

.. this is a different case . It is one that is at a court at a different level , at the D.C. Federal Court of Appeals . It is Halbing v . Sebelius , one of a number of legal challenges that are still in the works to ObamaCrapCare . Jonathan Keim of National Review ‘ s Bench Memos has an excellent take of the legal combat [here] …

.. if I were an ObamaCrap , I would be sweating this one , just like if I were them , i would be sweating out the outcome of Hobby Lobby at the U.S. Supreme Court . From the verbal combat , from what I have read in various places , this one is likely to come out in favour of halbig in a 2 to 1 decision . You might ask …

.. Did not POTUS  pack the D.C. Appeals Court with 3 of his nominees , courtesy of Dingy Harry Reid ? Yes , he did . Appeals Court cases are heard by a 3 – judge panel , first . Then , after that , if  the Court so decides , it can hear it ” en banc . ” Usually , that means the full court , but not always . Also , the U.S. Supreme Court will be well aware of this case . More likely than not , the Supremes could opt to hear the case themselves , thus taking it away from the full court …

.. I would think and bet on a 2 –  1 decision for Halbig . Also , I think that the Supremes will act to take the case away from the full court , given the immorality of the court packing done by Dingy Harry Reid ….

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… Same – Sex Marriage is [pro – Traditional Marriage]…

Posted by paulfromwloh on Saturday,April 5th,2014

.. an oxymoron .

.. not a natural act , against the natural order of humanity .

.. immoral . Our system of laws and our Constitution derive from our system of  morality . Judeo – Christian morality teaches teaches that man shall not be with man , and woman shall not be with woman . It is not the way that people are supposed to be …

.. things may be legal , but that does not mean that they can  be or that they  are  moral  …

.. Our Constitution and the Amendments thereof are guarantees of individual rights , not group rights .It does not matter if the group is as small as a family unit of 2 , or as large as a group of larger than two . The Constitution was established to protect the rightsof the individual , not the group . The Amendments are the same , unless they state differently . They do not …

.. Neither  the 5th Amendment nor the 14th  Amendment establish a  right to so – called ”  gay marriage . ” it is that simple . They were designed and written to protect the rights of the individual , not the rights of the group ….

.. The Full Faith and Credit Clause gives the states the right to enact so –  called ” gay marriage ” laws , or not . It does not allow them the right to impose them on each other . Judges have no right  nor  the power to do so . To do so is judicial law – making , a crime punishable by impeachment and  removal from the bench …

.. the Defense of Marriage Act was enacted by Congress and was signed into lawby Wilhelm der Fibmeister in order to stop the state of Hawaii from its possible or potential [at the time] recognition of the act of ”  gay marriage ” to impose it by the Full Faith and Credit Clause on the other states . It was that simple ..

.. if the  states wish to recongnize the institution of marriage to be between one man and one woman , they should have that right . The U.S.  Constitution gives them that right . Even modern judicial judgement and scrutiny [such as strict scrutiny] does not and should not block the states from protection of traditional marriage , if it is their wish ….

.. it seems that a judicial radical downstate [Federal District Court judge Tim Black] is going , or is about to make my home state of Ohio go through this immoral circus . At least he realizes that he is in a conservative judicial circuit . If he did not , the Sixth Apppeals Circuit would step in and slap him down …

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… If I were Asked [Hobby Lobby v. Sebelius]…

Posted by paulfromwloh on Thursday,April 3rd,2014

… what do I think will happen ? …

.. if asked , I would answer …

.. [h/t — m.NationalReview]..

.. [link] to the blog post ..

.. central finding [corporate exercise of religion , substantial burden] — 6 to 3 — Thomas , Roberts , Alito , Kennedy , Breyer , Scalia …

… actual case [strict scrutiny] — 5 to 4 — Thomas , Roberts , Alito , Scalia , Kennedy …

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… Well , What do I Think [Hobby Lobby v Sebelius] …

Posted by paulfromwloh on Sunday,March 30th,2014

.. drawn in part from ScotusBlog , and in part from National Review ‘ s Bench Memos …

.. I think that the government is in big trouble ….

.. [h/t — ScotusBlog]..

.. [link] to the blog post ..

.. — Note — this stuff by Amy Howe of ScotusBlog helps bring the dry rigamarole of law and legal arguments into plain English . It tries to translate the legal schtuff that most folks (even me , sometimes) do not always understand , and bring it to everyday folks in a simpler and plainer manner , especially less verbose …

.. back to the wars — women can still get their health insurance and their benefits . It is just that they will not be able to get their corporate bosses to finance the abortion – related part of it , the public financing of which is already illegal under federal law .

.. also , it is a substantial burden to force people over their moral objections to pay for things that for which they have substantial and paraamount moral objections to , such as abortion and abortifacient drugs . It is not that women cannot get them . The companies are not interfering in that . It is that the government cannot force individuals , either directly (as a sole proprietorship or partnership) or as a corporation (indirectly) to violate their firmly held First Amendment rights to  freedom of religion and finance something that for which they have sincerely and deeply held moral objections …

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… Under What Authority do You Order This [Same Sex Couples]…

Posted by paulfromwloh on Monday,March 17th,2014

.. my home state , Ohio , does not recognize so – called ” gay ” marriage .

.. the federales are ordering states where ObamaCrapCare is involved to in effect , ” recognize ” same – sex couples ..

.. they do not have that right , under colour or force of law .

.. it is not constitutional , whether it be the 5th Amendment or 14th Amendment . Those amendments involve individual rights , not collective rights . They do not involve the rights of groups , even with the use of any level of judicial scrutiny …

.. [h/t — Newsmax]..

.. [link] to the article …

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… Crybabies [pro – Death forces] …

Posted by paulfromwloh on Tuesday,March 11th,2014

.. thankfully , in Georgia , the GOP controls the legislature , by large majorities .

.. so , thankfully , the pro life forces can pursue good bills such as this one . Basically , it institutes the Hyde amendment at the state level in the state of Georgia , prohibiting any state or federal funds from being used from funding abortions in any way , shape , or form …

.. however , the DemoCraps had a temper – tantrum . They used to rule the roost . They do not , anymore . They are trying to play their so – called ” War on Womyn ” demagoguery as a part of the debate on the Georgia pro – life bill . Well done , Georgia Pro – Life !! …

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

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… Extending the Risk Corridors [ObamaCrapCare] …

Posted by paulfromwloh on Monday,February 24th,2014

.. this one is the insurer bailout provision ,folks .

.. it seems that His Lordship wants to extend it beyond 2016 …

.. with what controlling legal authority one might ask . The risk corridors program expires at the end of 2016 . So that is that …. or with this crowd , is it ? …

.. from HotAir [Allahpundit] …

White House weighing plan to extend ObamaCare’s “risk corridor,” i.e. bailout, program beyond 2016?

posted at 4:41 pm on February 18, 2014 by Allahpundit

The program’s supposed to be transitional, sunsetting in 2016 after the new exchanges have had a few years to launch and then stabilize.

Emphasis on “supposed to be.”

Industry insiders told the Washington Examiner a plan to extend the Affordable Care Act’s “risk corridors” are under discussion, but that administration officials have not made a final decision…

The Obama Administration is now weighing a plan to grant an additional three-year extension for non-complaint plans on the individual market. Such a move would prevent millions of people from losing their policies in the critical weeks and months before the 2014 election.

But it would also allow people on the individual market to keep non-compliant plans beyond the risk corridor’s 2016 expiration date, leaving health insurance companies serving the exchange vulnerable to financial losses as the more healthy customers continue to stay out of the exchanges.

Health insurance companies are looking for something in exchange for the three-year extension, which will make it much harder for them to sign up healthier and younger customers. Extending the risk corridor program is part of that conversation with the White House, industry sources said.

Remember back in November when Obama was eating truckloads of crap for breaking his “if you like your plan” promise? His solution was to let insurers “un-cancel” canceled plans — but lost in the hubbub at the time was the fact that he said he’d allow it for just one year. The obvious problem with that timeline is that it means this issue will bubble up again this fall, just in time for the midterms. New solution, then: Quietly allow insurers to keep un-canceled plans in effect past the midterms, for another three years. That’s how Obama just “solved” his little electoral problem with the employer mandate, isn’t it? Three-year extensions across the board, to minimize the damage to Democrats from his pet boondoggle in November. The problem is, because the old un-canceled plans are typically cheaper than expensive new “comprehensive” ObamaCare exchange plans, the extension means insurers are suddenly looking at less revenue than they counted on all the way through 2017. That’s where the “risk corridors” come in. Assuming the Examiner’s report is true, the White House is going to make this worth the industry’s while by extending the timeline for the bailout program too. Any losses they suffer in 2017 would, presumably, be partly offset by Uncle Sam even though the “risk corridor” is supposed to have terminated by then. Your tax dollars will buy insurers’ complicity in yet another illegal extension.

Bob Laszewski kinda sorta saw this coming, by the way. Last month he published a post arguing that, for all its faults, ObamaCare won’t cause a death spiral in the insurance industry anytime soon. The reason: The “risk corridor” program. Since Uncle Sam’s on the hook for any heavy losses in the industry, insurers are under no immediate pressure to raise premiums, the potential trigger of a death spiral. They can keep premiums artificially low — at least for a few years, until the “risk corridor” sunsets. Laszewski figured insurers would give the White House one more chance next year to get their act together on implementation and to start signing up the uninsured en masse; if they failed, he said, he expected companies to start parachuting out of the exchanges in 2016 before the “risk corridor” program expires. Which is to say, it’s very much in the White House’s interest to keep the program in effect, if it can, to keep insurers from abandoning the exchanges, especially if HHS has reason to think the risk pools they’re projecting will be less young and healthy than they had hoped. (And they do have such a reason at the moment.) The last thing Democrats need in a presidential election year is “Insurers give up on ObamaCare” headlines. Promise them some more sugar and you can avoid that. Maybe.

It seems naive at this point to ask whether the White House could extend the “risk corridor” unilaterally or whether that would be illegal. If they want to do it, they’ll do it regardless. O’s theory in issuing periodic delays or extensions for ObamaCare’s provisions is that, during the law’s transitional phase, he has some latitude legally to tweak implementation to make it go more smoothly. Extending the “risk corridors” past 2016, though, would mean the “transitional” phase had lasted past the end of his own presidency. It’s dubious, but it’s also in character. Here’s a question, though: Why would insurers leak this info now, when Marco Rubio’s trying to build support within the GOP for a bill to repeal the “risk corridor” program? He’s had little luck getting it on the leadership’s radar but his luck could change now that rumors are swirling that the bailout provisions might be extended into 2017 and beyond. The recent CBO numbers that found that the “risk corridor” could actually make money for taxpayers is a problem for the GOP, but (a) CBO’s numbers can be challenged and (b) CBO assumed that the “risk corridor” would be gone by 2016. Even if O decides to unilaterally extend the program, a new Republican Senate next year could join forces with some red-state Dems and Boehner’s House majority to repeal it, forcing Obama to either acquiesce in the repeal or to veto it and be seen as singlehandedly defending indefinite bailouts for insurers. Very strange that insurance industry sources, who stand to benefit, would be blabbing about this now.

… from the Washington Examiner [Susan Ferrechio] …

Obamacare changes may include extension of risk corridors

 Susan Ferrechio                             | FEBRUARY 17, 2014 AT 5:18 AM

The Obama Administration may extend beyond 2016 a federal reimbursement program for health insurance companies that lose money by participating in the newly created health care exchanges.

Industry insiders told the Washington Examiner a plan to extend the Affordable Care Act’s “risk corridors” are under discussion, but that administration officials have not made a final decision.

The risk corridor program was written into the 2,700-page health care bill to help the insurance companies offset losses if they enroll too few healthy customers and sign up too many people with high health care costs.

Risk corridors are aimed at keeping premiums from skyrocketing by requiring the government to “share in the risk associated with the new marketplace,” according to the health care lobbying group America’s Health Insurance Plans (AHIP).

Insurance companies pay into a pool to cover losses for companies that fare poorly but the federal government must step in if there is widespread loss, which some say could happen due to the lack of participation on the health care exchanges from young and healthy individuals.

The program, however is only meant to be short term, AHIP said, to “ease the transition between the old and new marketplace.”

But the disastrous rollout of the law resulted in millions of people on the individual market losing health care policies that did not include the “essential benefits” required under the new health care law, including maternity care and pediatric dentistry. The resulting public outcry prompted President Obama on Nov. 14 to announce that health insurance companies could allow customers to keep their old plans for an extra year.

The Obama Administration is now weighing a plan to grant an additional three-year extension for non-complaint plans on the individual market. Such a move would prevent millions of people from losing their policies in the critical weeks and months before the 2014 election.

But it would also allow people on the individual market to keep non-compliant plans beyond the risk corridor’s 2016 expiration date, leaving health insurance companies serving the exchange vulnerable to financial losses as the more healthy customers continue to stay out of the exchanges.

Health insurance companies are looking for something in exchange for the three-year extension, which will make it much harder for them to sign up healthier and younger customers. Extending the risk corridor program is part of that conversation with the White House, industry sources said.

“If the extension increases adverse selection, premiums will go up and taxpayers will be on the hook for more money through extending the risk corridors,” Mike Tanner, a health care policy scholar at the Cato Institute, a libertarian think tank, said. “The question is, how much? And I don’t think anybody knows because I don’t think anybody knows how many people we are talking about.”

John C. Goodman, the president and CEO of The National Center for Policy Analysis, believes insurance companies participating on the exchanges are headed for significant losses as the sickest and most medically vulnerable get dumped into the exchanges and waivers and delays are granted to the healthy.

In Detroit, for example, city officials are considering pushing onto the health care exchanges municipal retirees who are too young to qualify for Medicare.

“I can understand why they are talking about extending the risk corridors because I think the losses are going to be quite large,” Goodman said.

Health care law supporters point out that the federal government can make money off risk corridor programs. A Congressional Budget Office report last week predicted the federal government won’t lose a dime through the risk corridor program but will end up netting $8 billion.

The CBO based its estimate on the performance of risk corridors established under the Medicare Part D prescription drug benefit program passed by a Republican-led Congress and signed into law by President Bush in 2003.

“The risk corridor program was a good idea during the Bush administration, and it worked,” Rep. Elijah Cummings, D-Md., said during a recent hearing on the program. “Rather than a bailout for insurance companies, the program has resulted in $7 billion in net gains to taxpayers. But now since these same mechanisms are part of the Affordable Care Act, Republicans argue that they are a bailout for insurance companies.”

Critics in and out of Congress want legislation to repeal the risk corridors and warn that Obamacare won’t yield the same kind of results as Medicare Part D because of the much larger size and scope of the new health care law and the potential for a much larger pool of sick and unhealthy on the exchanges.

“Medicare Part D made money, but I don’t think that’s going to be true here,” said Douglas Holtz-Eakin, the former director of the Congressional Budget Office who now runs American Action Forum, which describes itself as a center-right policy institute.

Sen. Marco Rubio, R-Fla. has introduced legislation to repeal the risk corridor provision in the health care law, but Senate Majority Leader Harry Reid, D-Nev., has no plans to take up the bill.

… LEC here again — no controlling legal authority …

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… Why I support Arizona ‘ s Religious Freedom Bill …

Posted by paulfromwloh on Monday,February 24th,2014

.. and I most strongly urge Governor Jan Brewer to sign it .

..  one of the chief reason is to make sure that people get to celebrate their religious liberty — and are not forced to be compelled to produce a product or service against their will . Just because people go into business does not mean that they forfeit their constitutional rights . They still have the right to make decisions in their business based upon their religious faith and religious precepts . The First Amendment to the Constitution should still mean something in practical everyday use .

.. What is going on in New Mexico , Oregon , Washington State , and Colorado , among other states , is that each state has passed a so – called ” human rights ” law , incorporating gays and lesbians into its orbit . As a result ,  these laws have become to be used as a war club by pro gay rights activist in going after businesses that refuse to serve gays or lesbians . More often than not , this has been in the area of so – called same –  sex wedding celebrations . When the business says no service , the gay rights folks sue for discrimination . Because of this legal mess , the businesses have to pay ruinous legal fees just to have the chance to remain in business . Some cannot . An Oregon cakeshop ceased doing business in the normal fashion , the  owners retreating to their home as a home – based business as a result . How sad , and how outrageous .

.. Activist judges have been taking the law into their own hands , such as with gay and lesbian rights . These anarchist judges have pushed the envelope far , far ahead of things than many of us in society want to happen or expect to  happen . Yet , they still do this . What are these folks doing , casting tiddly winks ? Hardly . They are making law from the bench ,  which is not their job .

.. In addition , interest groups and others are using two laws , one well known (section 1983 of the Civil Rights Act) and one unknown (the Civil Rights Attorney Fees Act of 1976) to bash so many folks over the head with a billy club . These loonie – toons practice what is known as lawfare , using the threat of ruinous legal fees , plus the payment of the plaintiff ‘ s judgement and legal fees , in order to compel a settlement . Nowadays , this weapon is being turned potentially against churches ….

.. Arizona undoubtedly has a law like this . They have seen what has been going on in neighboring states , including the Elaine Photography case in New Mexico . The dilemma in Arizona that the lawmakers have to think about is this : Should someone be compelled to produce a product or service for something that they do not support (such as same – sex weddings ,  same – sex adoptions , you get the idea) as in the Elaine Photography case , based upon sound religious reasons ,  in violation of their First Amendment rights to freedom of religion and religious practice ?

.. I say no . These states are pushing the acceptance of same – sex acts on at times an unwilling populace . If people are not comfortable doing so , and it is because of religion and religious faith , then they should not be forced into an accomodation with others . Also , the state is forcing ” compelled speech ” by doing this . Doing such a thing is in gross violation of the First Amendment rights of the defendants . Also , the interest groups make it all but impossible for folks to defend themselves because of their lawfare strategy . Giving people their religious rights once again gives them the chance to defend themselves .

.. this bill has been proposed in Ohio , I believe . The legislature can pass it , because the votes are easily there [61-38 in the State House , 23 – 10 in the State Senate] . The big question is Governor Kasich . This year is an election year , and he is on  the ballot . He probably does not want to give gays and lesbians any ” bulletin board ” material with which to play with on the political trail .

.. Ohio is an initiative and referendum state . Yes , that means gays and lesbians could mount a issue campaign to put the bill before voters . However , if the bill is approved with 3/5ths support [60 in the House , 20 in the Senate] , then no campaign is allowed . The bill would be considered an ” emergency , ” and would take effect immediately ..

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… I was Right [9th Circuit Gun Case (Peruta v Cty of San Diego)]…

Posted by paulfromwloh on Friday,February 21st,2014

.. I picked up on this article , and this one comes from another legal blog that I like to follow , entitled the Volokh Conspiracy . It is well worth your while to look at and sample …

.. this 9th Circuit case is going to get wrapped into the New Jersey gun rights case , and both will make it to the United States Supreme Court . The full 9th Circuit might want to try to go ” en banc , ” but the Supremes will beat them to the punch , and take up the other case … it thus blocks any move against this one ….

.. Also , this one is usable in the circuit against Hawaii and California ‘ s much more odious gun laws . The district court judges may or may not respect it , but they have to follow it . Much more so when a 6-3 ruling comes down overturning the New Jersey gun law …

.. [h/t — Volokh Conspiracy]..

.. [link] to the blog post ..

Growth chart of right to carry

David Kopel

The chart below shows how Shall Issue laws for the licensed carrying of firearms for self-defense have become the American norm.

As of 1986, slightly less than 10% of the U.S. population lived in states where there were objective and fair procedures for the issuance of concealed handgun carry permits. About a third of the population lived in states where there was not even a process to apply for a permit. The majority of the population lived in states where issuance in permits was highly discretionary, and many issuing authorities refused to issue to ordinary law-abiding citizens.

By 2014, the percentage of people living in the Red states, with no possibility of even applying for a permit, has declined to zero. Illinois’ 2013 reforms ended the problem of states not even having a process theoretically available. (The problem persists in DC, but this chart is only for states.)

As of January 2014, about 2/3 of the population lived in a Green state, with a Shall Issue licensing statute.

Purple states (concealed carry is allowed without need for a permit) have increased from Vermont only in 1986 to several states comprising about 4% of the population. Currently, the Purple states are Alaska, Arizona, Arkansas, Vermont, and Wyoming (residents only).

The Yellow states (arbitrary permitting) were the national norm in 1986, but they are now outliers. Unless the 9th Circuits’ decision in Peruta is overturned, California and Hawaii will have to become Shall Issue states.

This will leave Yellow states at less than 1/7 of the U.S. population.

Moreover, some parts of the Yellow “may issue” states are already issuing permits as if they were Green. In New York, Massachusetts, Rhode Island, and Delaware, permits are issued by local authorities, and in some jurisdictions, local authorities issue in a manner consistent with respect for the right to bear arms. Permits are rarely issued in Maryland, and are extremely rare in New Jersey.

The six hold-out states are increasingly isolated. Not counting tiny Rhode Island and Delaware, the four larger hold-out states each are all bordered mainly by Green states. (Mass. by upper New England and Connecticut; NY by Penn., Vt., and Conn.; NJ by Penn.; Maryland by Penn., Vir., and WV). It should also be noted that in two of Delaware’s three counties, permit issuance is often approximately what a Green state would do.

Rhode Island is sui generis. There are two licensing statutes: a “may issue” statute for the Attorney General, and a “shall issue” state for municipalities. Getting a municipality to follow the statute and issue a permit may require great persistence, and even that is not always successful.

It is interesting to compare the above chart to the map showing the demise of laws against “sodomy” (oral or anal sex), between 1970 and 2003. On the eve of Lawrence v. Texas, there were still 13 states which had sodomy statutes.

Thanks to Rob Vance for gathering the data and producing the chart.

David Kopel
David Kopel is Research Director, Independence Institute, Denver, Colorado; Associate Policy Analyst, Cato Institute, Washington, D.C; and Adjunct professor of advanced constitutional law, Denver University, Sturm College of Law. He is author of 15 books and 90 scholarly journal articles.

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… Are These Folks Crazy ? [EcoSocialists] …

Posted by paulfromwloh on Friday,February 21st,2014

.. reductions in the environmental discharge of a wood – burning stove .

.. yes , of a wood – burning stove .

.. so , what do they want , carbon – capture tech ? It does not exist in a practical nature … this is madness …

.. these loons are pulling a ” sue and settle ” stunt …. What that means is where an interest group (or two , or more) , plus states (usually with anarchist DemoCrap Attorneys General) sue the Environmental Protection Agency . The legal pretext is dubious , but borderline , based upon the text of current environmental law …

.. It is , to say the least , collusion , and to me , more like a conspiracy . The E.P.A. gets the power to regulate something that they would have no business regulating , with the reasoning that they normally could not and would not be able to use . The interest group gets to further their agenda , and eventually seed their people in the media , as well as the regulatory agency . They also get publicity , which to them can be more valuable than gold , and can be cashed in in fundraising , or from collecting from the government in terms of damages and legal fees . Sweet deal , huh ?

.. This thing is nuts . Once the DemoCraps get blown out , the laws need to be updated . A more science – based form of reasoning needs to be put in the law . Climate change (i.e. , global warming) needs to be specifically taken out of the laws . More cost – benefit reasoning needs to be put into the environmental regulations , in order to keep interest groups from running wild . Sanity and predictability needs to return to regulation .

.. there is also another issue that needs to be addressed . First , Section 1983 of the Civil Rights Act needs to remain , so that people can bring acts for the legitimate cases that need to be brought . Sovereign Immunity needs to return to the states . It will give the states and localities the immediate presumption of innocence . It will put the burden of proof on the plaintiff to prove fault , with a much higher standard of cause .

.. Also , the Civil Rights Attorney ‘ s Fees Act of 1976 needs to be repealed . This is the law that allows so – called ” civil rights ” groups the opportunity to extort money from folks who are trying to maintain the legitimate exercise of government power . The nutjobs misuse this law in order for ” legal ” extortion from those folks , jacking up legal fees , and not allowing them to fight back , especially due to the ridiculous nature of so many of the actions that are brought . Sanity and tradition needs to return , and that extortionite law needs to go …

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