Lake Erie Conservative

thoughtful discussion(s) about issue(s)

Posts Tagged ‘legal doctrine’

… I Wonder [#JASTA]…

Posted by paulfromwloh on Monday,October 3rd,2016

.. if JASTA [Justice Against State Sponsors of Terrorism Act] is such a great idea ? ..

.. given our litigious environment , allowing another form of lawsuit is not a great idea . Our country has become notorious for the legal form of warfare , or lawfare . Are you sure that you want to unleash these sharks on a foreign nation ? ..

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

.. the obvious interests are national security and the national interest . We need to protect our nation ‘ s interests , and our nation ‘ s security in this day and age is absolutely critical . The biggest problem is retaliation by another nation ..

.. that potential for retaliation is not limited to the Saudis . Any other nation could pull this stunt , and prosecute legal action in their courts against our interests …

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… What Else Pruitt v Burwell does [#legal conflict between circuits]…

Posted by paulfromwloh on Tuesday,May 26th,2015

.. see above , you got it right …

.. it screws the pooch on the Government ‘ s game – playing in D.C. …

.. [h/t — m.NationalReview.com(BenchMemos)]…
.. [link] to the district court ruling …

.. in D.C. , Halbig v. Burwell really dropped a bomb on the IRS tax subsidies case . It makes it extremely hard for the ObamaCraps to get the case overturned . Even so , they are trying . They have gotten it ” effectively ” overturned [vacated] by taking the case to the full D.C. Court of Appeals …

.. That court now includes 3 more radical activists , courtesy of Dingy Harry Reid . It should give the Government a change for a reversal . One of the new pups is proving to be highly unpredictable . Add in another [Sri Sarkinisian] , plus the 5 conservatives , and you have a problem for the ObamaCraps …

.. Oops …

.. not just that … Pruitt is now at the appeals level . It builds on Halbig , and extensively legally quotes from it . So , there is no a ” conflict between the appeals courts … ”

.. no matter what those dummies do . It gives the Supreme Court a perfect excuse to grab this case . They could choose to do it for this term , or for the next one . But , I am certain that the will do it …

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… the ObamaCrap EEOC goes to school …

Posted by paulfromwloh on Sunday,April 27th,2014

.. at least , so far , in court ..

.. the ObamaCrap E.E.O.C. wants to adopt what is known as the ” disparate impact ” legal standard . Not only them , they are heavily pressuring both the public sector and the private sector to adopt it , as well . Normally , discrimination by its very definition requires there to be intent of it . With the ” disparate impact ” doctrine , it is only a showing by the numbers , and the numbers alone . Then , the burden shifts to show that the other side does so as a ” bona fide ” reason ..

.. ” Disparate Impact ” has never been upheld . Never , anywhere . It is not moral or logical . It is immoral . Well , the ObamaCrap EEOC got called on the carpet on it by the 6th Appeals Circuit ..

.. [h/t — theGatewayPundit]..
.. [link] to the blognews …

.. the lines from the decision are the easiest to understand …

More idiocy from the Obama administration–
This week the commission got schooled by a federal judge who noted in the first line of her decision that the defendant Kaplan uses the same practices as the EEOC.

KETHLEDGE, Circuit Judge. In this case the EEOC sued the defendants for using the same type of background check that the EEOC itself uses. The EEOC’s personnel handbook recites that “[o]verdue just debts increase temptation to commit illegal or unethical acts as a means of gaining funds to meet financial obligations.” Because of that concern, the EEOC runs credit checks on applicants for 84 of the agency’s 97 positions. The defendants (collectively, “Kaplan”) have the same concern; and thus Kaplan runs credit checks on applicants for positions that provide access to students’ financial-loan information, among other positions. For that practice, the EEOC sued Kaplan.

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