Lake Erie Conservative

thoughtful discussion(s) about issue(s)

Posts Tagged ‘6th Circuit Court of Appeals’

… The Issue is ” Disparate Impact ” [#legal theory]…

Posted by paulfromwloh on Saturday,December 5th,2015

.. my home state of Ohio is involved in one honey of a brawl over the management of early voting . It is a doozy . Now the US Supreme Court has gotten involved . They had no choice , to be honest …

.. The political leadership thought that there needed to be ” reform of the reform . ” Early voting is nice , to be sure . But it is too much of a good thing . The Ohio Legislature acted to bring some rhyme and reason , along with some restraint to the process . They pulled back the reins on the Early Voting process , and granted the county boards of election [who , along with the Secretary of State , manage the process in Ohio] more ability to manage their financial and personnel resources …

.. The radical left had a massive hissy fit . So , as usual , they decided to bring a lawsuit . They wanted to find a ” friendly judge . ” Unfortunately , downstate , in the central and southern districts of the state , they found one .  The radical activists sought out a friendly judge in order to get a favourable ruling in their lawsuit . They brought the lawsuit in order to bring back elements of early voting that the state of Ohio does not deseire to have remain in effect …

.. These are things that the State has found are totally unnecessary .One is ” Golden Week , ” where people may register and then vote at the same time . That is outrageous . A county board of elections in my state deserves the right to check databases in order to verify the legitimacy of the registration . Another is evening voting , along with Sunday voting . The BOEs have a right to manage their resources , according to the will of the vovters and the legislature of the State of Ohio . It is not the province of a radical activist judge , whether it be a district court judge , or a group of appeals court judges , to impose their judgement , where their idea of the law has been total rejected by the vast majority of the courts …

.. Theier problem is over what is known in legal circles as ” disparate impact ” legal theory . Generally , you need to have direct impact of evidence of discrimination to interfere with their management of their affairs . What disparate impact does is sinister . It infers discrimination based upon the numerical impact on various ” protected classes , ” such as minorities . Once that happens , then the burden of proof flips to the other party to prove legitimacy , which , usually is next to impossible …

.. The impact of ” disparate impact ” usually ends up leading to greatly enhanced affirmative action . Not just affirmative outreach to affected groups , mind you … It means the adoption of numerial goals , or , in effect , quotas , by class , gender , etc …

.. there you see the problem . The liberals and the radical activists still cling to this outdated and racist legal theory . It has been discredited , time after time after time . Yet , these nutjobs still act to cling to this …

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… The ” Supremes ” Intervene [#US Supreme Court] [#Ohio voting case]…

Posted by paulfromwloh on Tuesday,November 25th,2014

.. it turns my planned series of posts on the election law case in my home state of Ohio inside out and upside down …

.. oh well …

.. the US Supreme Court intervened in the white hot Voting Right act case here in the Buckeye State . Previously , a radical activist [Clintonista] overturned the work of the Ohio legislature and the Ohio Secretary of State , Jon Husted . Their work would have trimmed back some of the unnecessary extra early voting time in my home state . It wwould also eliminated what has come to be called the ” Golden ” week . That ” Golden week has allowed people to register to vote , and then to immediately cast their vote vote , all in the same motion ….

..now , the work of the legislature and SecState Husted are back on , at least for this election , I believe …

.. [h/t — ScotusBlog.com]..
.. [link] to the court case post …

.. now comes more legal brawling , sure to come . The state of Ohio now has to formally apply for what is known as ” certiorari ” before the Court . There is no guarantee , though that what is called ” cert ” will be granted . However , my guess is that , unless there is a total screwup on the cert petition , it will be granted …

–[update]– cert (certiorari) has been granted . I am not sure whether it is for this term , but I  would not be surprised if it were for this term  . A case like this one is one that is likely to be decided in June , without question . My guess is that there  are at least 5 firm votes [more than likely , 6] to overturn the antics of the two lower courts [DC judge Economous and the 6th  Circuit panel  (all loonie lefties)] on their disparate impact arguments …

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