Lake Erie Conservative

thoughtful discussion(s) about issue(s)

Posts Tagged ‘appeal’

… The Russians are in Serious Trouble [#IOC][#WADA][#CAS]…

Posted by paulfromwloh on Sunday,July 24th,2016

.. the C.A.S. [the Court of Arbitration for Sport] now has ruled against the Russian n track team on an action brought forth FROM THE I.A.A.F. . Now this ..

.. tHE I.o.C. HAs a tough decision to make . The Russians have sponsored a state – sponsored program of doping and cheating for years . It seems that the old habits of the Soviet – era system have not gone away . The difference now is that the Russians are connected into the worldwide system , and they can be held accountable for their actions ..

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

…. thE I.O.C. HAS to decide whether or not ban to the entire Russian team from the Rio Summer Olympic Games . I think that they should do so . If their system of rules and drug testing is to have any meaning , then Russia needs to be held to account ..

Advertisements

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

… This One Could Be a Game Changer [#Labour Law case][#Friedrichs v C.T.A.]…

Posted by paulfromwloh on Monday,January 11th,2016

.. yes , this one could really be a doozy ..

.. I think that there could be as many 6 votes for this one , possibly 7 …

.. well , start at the beginning . Lori Friedrichs is a schoolteacher in California . She resigned for her union , the C.T.A . This union is , to be specific , the California Teachers Association ..

.. California is not a union – friendly state . Since the latter part of the 1970s , the reigning SCOTUS precedent , Abood v Detroit Bd of Ed , has allowed unions to collect fees [agency fees , to be exact] from non – members of the union . These people are required by law , however , to be members of the collective bargaining unit , no matter what ..

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

.. like many who resign from the union , Friederichs endured quite a bit . Teachers who resign from their union get a large amount of professional shunning and personal abuse from their fellow teachers . Yet she endured , as did several dozen others ..

.. now SCOTUS has offered certiorari on these folks appeal from their loss at the 9th Circuit Court of Appeals . Given the rulings and precedents of recent years , such as Beck v CWA , Ferris State Teachers , and Knox v CTA, the ground could be extremely dangerous for the AFL – CIO and their member unions ..

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

… Uh – Oh [#Court Case][#POTUS ‘ exec action][#immigration]…

Posted by paulfromwloh on Tuesday,October 13th,2015

.. an update on the court case on DACA and DAPA ..

.. well , they have had the hearing at the 5th Circuit . As the way things look , there looks to be a 2 to 1 majority to uphold Judge Hanen ‘ s injunction stopping POTUS ‘ power grab on exec actions on amnesty …

.. in some ways , the ObamaCraps got lucky . They got one ObamaCrap judge on the panel . But , they got only one . The other two judges are Dubya and Bush 41 appointees , respectively . Both of them are stout conservatives . So it looks good for Texas v. US going forward to the full 5th Circuit , maybe …

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

.. the ObamaCrap Administration can take the case to the full 5th Circuit . However , that is a very bad idea . The 5th Circuit is one of the most conservative ones still in the country . So , their odds on going to an ” en banc ” hearing before the full court are not good …

.. more likely is that the Administration is going to push this up to the U.S. Supreme Court . Also a dumb idea . They probably have 3 votes , at the most , to support their position . They do not have Breyer , and they most definitely do not have Kennedy …

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

… In the 5th Circuit , the Government Just Missed … [#Texas v US]…

Posted by paulfromwloh on Friday,October 9th,2015

.. getting its butt kicked in court .

.. Why not ? Simple — His Lordship ‘ s antics on DAPA and DACA are that important , and deserve a full and public airing . boy , oh boy , was the judge ever pissed . That advisory that came through at the pleadings at the beginning of March [March 4th , to be specific] landed like a lead balloon in Judge Andrew Hanen ‘ s court . . So , now what ???

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

.. the has to know what is going on . Judge Hanen stopped just short of what is known as ” striking ” the government ‘ s case . What does that mean ? GAme , set , and match . If the government ‘ s case [and its pleadings] were ” stricken , ” then goodbye case . You could forget about any appeals to anywhere , including to SCOTUS …

.. because of the importance of the case , the case was not stricken . But the judge still can act to strike the case , if he finds more evidence of government misconduct . Especially if the misconduct goes much further up the line in the Department of InJustice , or even into the ObamaCrap White house …

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

… Well , Ray Rice won his Appeal [#NFL suspension]…

Posted by paulfromwloh on Tuesday,December 2nd,2014

.. now , the question is whether a team is going to take a chance on him …

.. this season , not likely . His situation is too recent , and his public reputation is too radioactive for any team organization to be able to deal with the headaches that will ensue the signing of Rice . There will be a substantial and negative public reaction , and any team has to ask , will bringing him in be worth the backlash ?? ..

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

.. next season [2015] , it will likely be a different story . Rice is still a very talented [if diminutive] running back . His football ability is still unquestioned . But what will be the reaction then ? There will be one . The likelihood is that it will be by an established and strong organization , especially one with an established organization [from top to bottom] that will make the move ….

.. but who ??

.. someone will , but for next season , though . I am just not sure yet of who will do it . It will just not be for this season , however …

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

… Victory in Court [#7th Circuit]…

Posted by paulfromwloh on Friday,September 26th,2014

.. the state of Wisconsin gets its Voter ID law back …

.. better yet , the court was very harsh , both on the district court judge , and on the plaintiffs in the case …

.. [h/t — RightWisconsin.com]..
.. [link] to the court decision …

.. the district court judge [a Bill Clinton appointee] was reamed out by the appeallate judges . The appeals judges bawled out the judge for completely and totally ignoring both pending 7th Circuit precedent , as well as US Supreme Court precedent ….

.. Stare Decisis [court precedent] is important for a court . A judge is supposed to follow court precedent . A judge is supposed to have a very , very important reason (or set of reasons) to ignore it or overturn it . In the Wisconsin Voter ID case , the circuit judge totally blew it off . That is a very big blunder for a district court judge . Higher ups can try that stunt , but not the lower court ….

.. also , the appeallate judges were very harsh in their judgements towards the plaintiffs . The plaintiffs argue both disparate impact theory , as well as Voting Rights Act violations . The judges were totally on point on crushing both arguments . The big problem in both cases is that intent is required . Disparate Impact theory does not even require intent . So , out the door it goes …

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

… Jan Brewer really Gets It [#imperial POTUS]…

Posted by paulfromwloh on Saturday,September 13th,2014

.. she really does get it .

.. so , Crane v. Napolitano will live on , but in a different cloak .

.. her case is already at the 9th Circuit . It will not be finished there by the time that she leaves office in January . God willing , her successor will be a Republican , and one who understands the fight …

.. [h/t — Newsmax]..
.. [link] to the article ..

.. D.A.C.A. was created by imperial fiat . Now , we as a country are reaping the whirlwind of the results . POTUS really thinks that he is going to get $$ without restrictions ?? No way …

Posted in body of law, personal opinion, political accountability | Tagged: , , , , | Leave a Comment »

… The ObamaCraps have Really Lost It [#Deadskins trademark canceled]…

Posted by paulfromwloh on Saturday,June 21st,2014

.. this is wrong , really , really wrong .

.. the ObamaCraps (through the Patent & Trademark Office) took away the ” trademark of the Washington Redskins [thereafter referred to as ” Deadskins . “] . With what controlling legal authority do they do this ??

.. [h/t — theRightScoop]..
.. [link] to the Rush Limbaugh show segment …

.. there is no legal authority to do this . The ObamaCraps are again playing ” fast and loose ” with the law for their own ends …

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

… This One could get Interesting [Supreme Court case // IRS powers]…

Posted by paulfromwloh on Sunday,May 11th,2014

.. this one is not about a request for information .

.. this one comes in the normal course of doing business , including in the performance of an audit or an examination . It is done all of the time …

.. what it is about is the next step in the process , a summons . This one carries legal teeth . In effect , it is a subpoena . It carries the same effects as one . These are usually approved by courts as a matter of course …

.. The Infernal Revenue Service is not used to people balking at summons . Those ” hush puppies ” have teeth . But , they can be challenged .

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

.. this one is about a taxpayer challenging the legality and authority of an IRS summons . I am guessing that the Service is plenty surprised by this . But , the taxpayer is right , in this case . the Service has to have legal authority for the summons ..

.. when a taxpayer decides to due this (go to war with theService) , they are getting themselves a world of trouble . I am presuming that this fellow has a tax lawyer , and , in addition , a good appeals lawyer , to boot . But , they should be darned sure of their position , If they are , then go to it . The Service has to have a legal basis for what it is doing .

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