Lake Erie Conservative

thoughtful discussion(s) about issue(s)

Posts Tagged ‘Appeals Court’

… The Internet is not a Public Utility [#net neutrality]…

Posted by paulfromwloh on Monday,December 19th,2016

.. and Net Neutrality is unconstitutional …

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

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… What is Wrong with Merrick Garland ?? [#guns]…

Posted by paulfromwloh on Tuesday,March 22nd,2016

.. especially for the Gun Owners of America [G.O.A.] and the National Rifle Association [the N.R.A.] , this nomination simply means war ..

.. Garland may well be an excellent judge , maybe even a decent appeals court judge . But his stands on guns , gun rights , and the Second Amendment are simply unacceptable ..

.. the principal case is Heller v. D.C. . It firmly established [reestablished] that the Second Amendment protects the right of the individual to ” keep and bear ” arms . It is that simple . What did Garland do in the case ?? ..

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

.. plenty . One is that he sought to hold onto the case at the Appeals Court level . By doing so , he could delay the case ‘ s arrival at SCOTUS for several years , possibly changing the makeup of the Court , which did happen ..

.. the three – judge panel threw out the D.C. gun ban at the appeals court level . The ruling overruled the trial court , which upheld the ban . Garland wanted to rehear the case in front of the full appeals court , both delaying it , and possibly overruling it ..

.. also , he sought to uphold illegal and patently unconstitutional conduct by the Clinton Administration , espc. related to guns and gun registration . Congress expressly disallowed the practice three time , starting in 1968 . Garland voted to uphold the Clintonoid ‘ s illegal conduct ..

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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 !! …

Posted in body of law, legal info, legal strategy, 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 ..

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… This Case was Not the Victory that the Loonie (Lefties) wanted [#Texas][#voter id]…

Posted by paulfromwloh on Friday,August 14th,2015

.. by the reportage of the LameStreamMedia , you would think that the ObamaCraps and the Loonies won an overwhelming victory . Not so ..

.. there are a couple of large and significant reasons why : …

[-] Supreme Court Precedent — Crawford v Marion Cty Elections Board [Indiana] was a 7 to 2 ruling . It was also a recent ruling , under the Roberts Court , with many of the same parties on SCOTUS [except Sotomayor and Kagan] ..

[-] It was a panel ruling — and a 2 to 1 ruling at that …

[-] the 5th Circuit is still a fairly strong conservative court of appeals — you then go for an en banc panel [basically the full court] , and goodbye ruling …

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

.. that is why this ruling will not last …

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… Well , His Lordship Loses Again [#exec action][#immigration][#appeals court]…

Posted by paulfromwloh on Tuesday,June 2nd,2015

.. yep , he lost again ..

.. in a 2 to 1 decision , POTUS had his request for the injunction on his policy change on DAPA [and DACA] to be lifted . The court heard the request . The court majority [the 2 judges] said no ..

.. they said that there was no reason to lift the injunction [it was granted properly] . Also , the case for which the injuction that was granted is still at the district court level . Judge Andrew Hanen of the 5th Circuit still has the case in his court . Also was it most important is whether the Government has the possibility of winning the case on the merits …

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

.. the court said the likelihood was no .

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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 …

Posted in communications strategy, constitutional opinion, legal question, 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 …

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… Interesting News in Gun Rights [#Palmer v DC]…

Posted by paulfromwloh on Tuesday,July 29th,2014

.. Palmer v DC is , of course , the great victory for gun rights in the nation ‘ s capitol …

.. Palmer was brought to finally bring down the idiotic gun restrictions in our Nation ‘ s Capitol . The Heller case brought them down , in theory , but the DC government played dirty with their local laws . They passed local laws so onerous and disgusting that it was impossible for anyone to legally carry a gun outside the home …

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

.. now , Palmer changes all of that . It is also interesting that none of the local federal district court judges heard the case . The case went to a senior judge , and one from upstate New York . The D.C. government had to groan at that prospect , and they were right . They lost …

.. What happens now ? An appeal to the D.C. Circuit (that is the normal appeals circuit that would hear the case ) is in the offing . The anti – gun rights groups , though are scared to death , either way . The appeals decision in Moore v Madigan in the 7th Circuit is hanging over their collective heads …

.. So , win or lose , an appeal would set up a conflict between circuits , one that the US Supreme Court would love to get its hands on ….

.. now , all sorts of DC and federal agencies are going to have to come up with firearms policies …

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… 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 .

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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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