Lake Erie Conservative

thoughtful discussion(s) about issue(s)

Posts Tagged ‘court case’

… Thank You , Moore v. Madigan [#gun rights]…

Posted by paulfromwloh on Sunday,September 11th,2016

.. crime in Chicago is down , markedly …

.. don’t expect Mayor Rahm Emmanuel to take credit for the reason why …

.. concealed – carry …

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

.. you can thank the court case Moore v Madigan for that . The loonie left is too damn scared to appeal it to the Supreme Court . You send this beauty up there , and it goes through , you in effect get nationwide concealed – carry . Boy , would the anti – gun crowd choke on this …

— [update] — the left , especially the anti – gun nuts ,  are scared to death of this case . You take this one , mix in another , say , Palmer v D.C. or Peruta v Cty of San Diego ,  and it goes to the U.S. Supreme Court . Especially if the 9th Circuit tries to play around with Peruta . Then all of those state – level and local – level gun restrictions [say , SAFE Act or Williams Act in NY is the best example] go bye – bye ….

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… What Part of Palmer v DC do those Dummies Not Understand ?!?! [#second amendment rights]…

Posted by paulfromwloh on Wednesday,August 31st,2016

.. Palmer v DC [and several other cases] made it clear . The residents of D.C. have full 2nd Amendment rights , just like any other citizen of any other state in our Union ..

.. that includes the rights to keep and bear arms [emphasis mine]…

.. the dummies on the D.C. City Council and the D.C. Government seem not to get it . They were ordered to pass a bill to correct legal defects in order to comply with Palmer . They have not done so . Doing what they have done [or , in their case , they have not done] is going to get them into serious trouble …

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

.. one item sure to come is renewed legal action . Palmer is still before the D.C. District Court [and Judge Frederick Schillin] . Atty Alan Gura and the plaintiffs can haul the D.C. Govt back before the judge …

.. what Schillin can do is simple : throw out the new D.C. Gun , bill , and drop the gun restrictions , entirey . Boy , the D.c. government would go hyper over that . So would the ObamaCraps . The Supremes , though , would likely take the case away from the D.C. Circuit , given recent history on Halbig v Burwell …

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… Good for North Carolina [#voter i.d. case]…

Posted by paulfromwloh on Tuesday,May 3rd,2016

.. not only did the federal judge turn down the radical activists , he did not just rule against them , he dismissed their case ..

.. now the state of North Carolina can go ahead with its voter I.D. program that was passed into law by the legislature and signed by Governor Pat McCrory in 2013 . As you might think , the radicals promptly challenged the new law in in court ..

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

.. the court battlesare likely to continue . The radical activists arelikely to appeal the judge ‘ s ruling to the 4th federal court of appeals . The 4th was once a conservative bastion , and now is split even / steven with ObamaCraps and conservatives ..

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… What I think [#POTUS and Exec Amnesty (Immigration)]…

Posted by paulfromwloh on Monday,April 18th,2016

.. you would think that there are no court cases out there . There would be no way in order to reverse POTUS ‘ action , and crack down on his antics on misconduct in office …

.. Wrong ! …

.. there is this little matter of Az Dream Act Coalition (sic) v. Brewer . It is a case out in the loonie land of the judiciary , the 9th Appeals Circuit Court . Yeah , that one . So , what is it about ??

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

.. when POTUS pulled his stunt on D.A.C.A. (for the Dreamers) , Az Gov Jan Brewer retaliated . She made it explicitly clear that under Arizona law , illegal aliens were clearly ineligible to receive documernts such as Az driver licenses . They were not able to , already . Her E.O. made it more explicit . So , the coalition sued …

.. the Federal District Court in Phoenix said no . However , a 3 – judge panel of the 9th Circuit said yes , that Dreamers could get these government documents , such as driver licenses . Even though AZ law was clear on the subject , that they were ineligible , and thus not allowed …

.. I think that the U.S. Supreme Court could reach down to this court , grab the case , and fast – track it for briefs and arguments at the Supreme Court . Boy , would that set off a circus . It would , in addition to the likely impeachment inquiry that would result from such an order . People will think that potus WILL GO SMALL . iN THIS CASE …

.. in for a penny , in for a pound . I think that Obama will go for ” the gusto , ” and supposedly ” legalize ” as many people as he thinks that he can get away with ….

— [update] — well , His Lordship did do it , just but not as much as I expected . Also , now , Arizona has a new GOP governor [Douglas Ducey] who is just as committed to this case . This case is far closer to the US Supreme Court than anything else , so stay tuned …

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… The F.C.C. has not Gotten the Message [#internet regulation]…

Posted by paulfromwloh on Friday,January 1st,2016

.. you would think that the Federal Communications Commission [the F.C.C.] would have gotten the message , by now .

.. Congress has said no to ” Net neutraility . ” Twice . Also , the federal appeals courts [the D.C. Circuit Court , to be specific] has also SAID ” no ” to ” Net Neutrality . ” Twice more …

.. well , I guess that it is time for Round 3 …

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

.. ISPs and other companies will not stand for this . There will be a huge bi – partisan majority in Congress to overrule the F.C.C. . Not only that , they will act to amend federal law to specifically state that the Internet is NOT a public utility , and that ” Net Neutrality ” is not the will of Congress …

.. either this bill or the Iran Sanctions bill will be the first one in which His Lordship ‘ s veto is overridden …

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… About Time [#a partial solution on guns]…

Posted by paulfromwloh on Friday,November 6th,2015

.. at least it is a partial solution .

.. unfortunately , it will take political and legal will to take the case to SCOTUS to bring this silly fight to a conclusion ..

.. the District of Columbia is on notice . They have to allow private citizens to own guns . Not only that , but they have to allow private citizens to ” bear , ” or possess guns on the streets . The courts have made it clear …

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

.. the 2nd Amendment is an individual right . it is a part and was included as a part of the Bill of Rights for a very good reason . Jurisdictions nationwide cannot prohibit people from ” owning ” and ” bearing ” guns …

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… 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 …

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… 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 …

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… The Federal Government [ and the DofiJ] is in Big Trouble [#Texas v US]…

Posted by paulfromwloh on Saturday,August 1st,2015

.. well , the Federal court had a hearing this past week . The InJustice Department ‘ s so – called ” Advisory ” pleading that it filed at the beginning of the month has hit the case like a bomb in a lead casing …

.. the Judge in the case [#Texas v US] , Andrew Hanen , was not happy to say the least . The counsels for the DofiJ were on the spot . The judge had those lawyers being filleted on a spit for the government ‘ s conduct . The judge also struck down almost all of the government ‘ s claims and defenses . It was not pretty …

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

.. the case will move to the 5th Appeals Circuit , eventually . However , the FEds case will be severely weakened . The arguments and pleadings are likely to be stricken from the record . That will present the appeals court with only the plaintiff ‘ s side . That is unsual , but the Apeeals Court judges will know why …

.. on up the line , so will the Supremes . You have to think that the U.S. Supreme Court is playing close attention to this case already . They know that this case is strongly likely to fall into their lap . Yes , the government will have its arguments back in the case . not until later , and everyone will know why …

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… States can Set some Limits [#vanity license plates]…

Posted by paulfromwloh on Thursday,May 14th,2015

.. but Texas really goofed on this one ..

.. States should be able to set some simple guidelines , ones that everyone has to follow . One is a minimum [reasonable] number , or one that is financially guaranteed by a bond by the group in question . Subject material is another …

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

.. States are notorious for their censorship of license plate messages . They are especially on the hunt for ones that are obscene , no matter what the language . California got filleted recently for letting one through that was patently obscene , but in Vietnamese . San Jose [Ca] is a heavily Vietnamese area , and they easily understood the meaning , one that Caltrans definitely whiffed on . So , they do not like them …

Sons of Confederate Veterans [Texas] license plate

.. But , censoring one like this for the Sons of Confederate Veterans is going a bit too far . It is clearly not obscene . A flag is clearly within good taste . So , Texas , what gives ?? …

.. The Supremes are going to fix this issue for Texas and many other states , and , if need be , set some rules , if the legislature does not beat them to it …

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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 …

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… 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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… Palmer v D.C. is on hold [#temporarily]…

Posted by paulfromwloh on Tuesday,August 5th,2014

.. not a big shock ..

.. the courts are giving the District of Criminals and the City Council a chance to pass a new gun bill …

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

.. however , the original judge still has the case . It is Senior Federal District Court Judge Frederick Scullin , of the Northern District of New York …

.. oh , a little more info on the case — this one has lounged around for more than 5 years . The local judges on the DC bench [more than a few] screwed around with it , doing various stalling tactics …

.. eventually , an appeal was pushed to the Supreme Court Justice overseeing the D.C. Circuit . Big Oops . That justice just happens to be Chief Justice Roberts . He cracked the whip , and reassigned the case . Especially sending it on to a senior judge who is a noted and speedy hard case . Nice ! …

.. that judge will be watching the D.C. political games . Especially with elections in November . He will likely crack down on the District , and do the legal handiwork himself , if the D.C. City Council plays around with the case …

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… Finally , Things Begin to Change in Chicago [#self defense]…

Posted by paulfromwloh on Wednesday,July 23rd,2014

.. a veteran can finally defend himself .

.. a year ago , he could not do so . Since then , we have had Moore v. Madigan , which has legitimized “concealed carry” in Illinois …

.. this vet came under fire by a guy who was apparantely drunk . So , the drunk guy started shooting . The vet could fight back …

.. [h/t — pjmedia.com/tattler]..
.. [link] to the article …

.. from Byron Preston :

On Friday, July 4th, a veteran of the US military found himself under fire in Chicago. He has a concealed carry permit. That plus his decision to carry his firearm made all the difference in the world.

The veteran and three of his friends were leaving a party on the city’s south side. When the group reached their vehicle, a container with liquor was sitting on top of it. A woman from the group asked another group gathered next door who the liquor belonged to and removed it.

The move angered 22 year-old Denzel Mickiel, who approached the veteran and his friends shouting obscenities. The man then went into his residence and returned with a gun.

As Mickiel opened fire on the group, the veteran took cover near the vehicle’s front fender, according to assistant state attorney Mary Hain, the Chicago Tribune reports.

The veteran fired two shots, hitting Mickiel both times.

Two of Mickiel’s friends also began shooting at the group, which was able to flee the scene in their vehicle.

Mickiel was transported to the hospital and is in critical condition. A woman in the veteran’s group was hit twice – once in the arm and once in the back – but was stabilized and taken to the hospital.

Mickiel is charged with attempted murder and will be held on $950,000 bond.

Had Friday’s shooting occurred a little more than a year ago, the veteran would not have been legally permitted to conceal carry his firearm.

And he and his friends would probably be dead.

Illinois was the 50th state to pass a concealed

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… What Part of Court Precedent does the City of Chicago not Understand [gun rights / gun sales]…

Posted by paulfromwloh on Tuesday,July 8th,2014

.. I am talking about court precedent , such as Heller v DC [gun rights] , McDonald v City of Chicago [ditto] , and Moore v. Madigan [likewise] …

.. Mayor Rahm Emmanuel is living dangerously …

.. he has to be reasonable , or the court is going to do the job for him ..

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

.. until this year , gun sales were effectively prohibited in the City of Chicago . No more . Courtesy of a ruling in a case brought by the Illinois Shooting Sports Federation , Federal Judge Edward Change basically slapped down the city . He has given the city up to 6 months to enact gun store sales regulations . If they do not straighten up and fly right , the judge can enact them by court ruling …

.. if he has to do that , it will be open season in the City . Which City Hall will hate with a passion . Those dummies have to remember , they are still under the precedent from Chang ‘ s original ruling , plus the ruling in Moore v. Madigan . They have to obey it . like it or not …

.. they may wish that the state would appeal Moore to the US Supreme Court , but the anti – gun groups are scared to death . If the Moore precedent is applied nationwide , a whole boatload of gun laws , like the Wiilliams Act and SAFE in New York (for example) would go bye – bye …

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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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