Lake Erie Conservative

thoughtful discussion(s) about issue(s)

Posts Tagged ‘federal appeals court’

… Good News in Virginia [#Voter ID law]…

Posted by paulfromwloh on Wednesday,June 1st,2016

.. a federal judge has upheld Virginia Voter I.D. lw . This has happened despite the interference of Va ‘ s executive branch , which wanted to not defend the law . Va ‘ s legislature hired private counsel in order to defend the law in court ..

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

.. No , the fight is not over , not by any means . There will be appeals , no doubt , to the 4th Appeals Court , which is [right now] only an even – steven proposition between conservatives and liberals ..

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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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… 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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