Lake Erie Conservative

thoughtful discussion(s) about issue(s)

Posts Tagged ‘activist judge’

… This Activist Judge has no Business Doing This [#Wisconsin Voter ID law]…

Posted by paulfromwloh on Friday,July 29th,2016

.. an activist federal district court judge [Lynn Adelman] has stuck her nose firmly and plainly into the Wisconsin Voter I.D. debate . Except this issue is supposed to be settled law ..

.. The A.C.L.U. and the National Lawyers Guild went forum shopping , and they got lucky . They found an activist lacky to issue a partial injunction in their ” case .. ”

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

.. this is ridiculous . This case should be sat on by the 7th Circuit , and then the case should be forced to be dismissed ..

Advertisements

Posted in personal opinion | Tagged: , , , , | Leave a Comment »

… 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 …

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

… What Judge would Do This ? …

Posted by paulfromwloh on Monday,February 3rd,2014

.. this action was taken by a judge in response to a lawsuit .

.. Connecticut gun owners have been burdened by a new law that was passed post – Sandy Hook that acts to ban guns and limit munitions . This judge has forgotten about pending judicial precedent , such as Heller and McDonald v City of Chicago . So , this activist judge allowed the new law to stand …

.. what is amazing is that these activist judges fail to read the Constitution , specificially the Second Amendment . They also tend to forget that the Bill of Rights , taken as a whole , is a body of law that is desgined to protect Individual rights , not collective rights , such as those of groups of so – called protected classes .

.. The entire Constitution is itself written and designed to protect the rights of the individual against the actions of the state and the government . That shoots down actions taken by those who try to interpret the Second Amendment to act a collective right . It is not that at all . It is a protection of the rights of the individual against the government , not the government against the indivual . So act to preserve the rights of the individual , and vacate this idiotic ruling …

.. [h/t — Liberty Unyielding] ..

.. [link] ..

Posted in constitutional opinion, historical opinion, legal opinion, legal strategy, personal opinion | Tagged: , , , , , , , , , , , | Leave a Comment »