Lake Erie Conservative

thoughtful discussion(s) about issue(s)

Posts Tagged ‘legal opinion’

… Er , No ! [#fight for Religious Liberty in D.C.]…

Posted by paulfromwloh on Tuesday,September 20th,2016

.. somehow , even being in the Nation ‘ s capital , the D.C. City Council seems to have not gotten the message …t

.. we have constitutional protections to religious freedom [the First Amendment to the Bill of Rights , duh !]…

.. [h/t — m.NationalReview.com]..
.. [link] to the blog news account …

.. what is the City Council doing ? They are trying to force any person or organization [whether they be for – profit or non – profit] to bend to their legal will . Specifically , they want these groups to adopt standards related to sexual orientation in legal and other matters …

.. it repeals an exemption that existed in law for many decades . Now , the city ‘ s Human Rights Act will control affairs , which is even more sweeping an issue regarding sexual orientation . No , bad move . It should not happen . It must not happen . Congress must step in …

.. Congress has a clear power in the Constitution as regards to the government of the Nation ‘ s Seat of Government . Much of the time , especially with Home Rule , Congress stays out of the way . However , there are times that Congress either needs to or must step in . In this case , Congress must step in , whether POTUS likes it or not ….

…it must do so in this case , and edit D.C. law to ensure that individuals and organizations rights are protected in the nation ‘ s capital . It may end up wrapping in gun rights , as regards Palmer v DC as well , if the D.C. City Council does not get its act together and follow the Home Rule Act , as well as the Constitution and the Bill of Rights ….

— [update] — right now , this one is tied up in court . it will be for  some time , though …

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Posted in 1st Amendment, 2nd Amendment, constitutional opinion, personal opinion | Tagged: , , , , , , , | Leave a Comment »

… Emory University has a Real Problem [#free speech][#US Constitution]…

Posted by paulfromwloh on Wednesday,March 30th,2016

.. Emory University has a real problem on its hands . The usual campus ‘ radicals ” are running wild , trying to bring pressure on the school to achieve their usual pet causes . They are also bring more pressure on the school . They want to act to crush any and all campus opposition to their agendas . However , they have a much bigger problem than they realize ..

.. It is legal . It is also constitutional . It is also moral . And those dummies [both the Administration and the radicals] had better wake up ..

.. Emory ” allows ” political speech by the act of those chalk drawings . Admittedly , it is a bit odd . But , they do allow it . As a result , they have to play fair to all sides . I repeat , to ALL sides . That includes the chalk drawing trump 2016conservatives , as well ..

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

.. if they allow these drawings , then play fair . Also , no retaliation . None whatsoever . If there is retaliation , especially , there will be repercussions . Most likely , financial . But not just to the University , though . The individuals and groups will be nailed , as well ..

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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 !! …

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… Something to Remember [#D.A.C.A.]…

Posted by paulfromwloh on Saturday,February 27th,2016

.. the D.A.C.A. issue is no Congressionally authorized program …

.. it is a creation of the Executive branch , courtesy of His Lordship …

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

.. ergo , there is no legal authorization for this . None whatsoever , contrary to the 9th Appeals Courts belief . Ironically , it is the court case appeal in that court [Az DAC v Brewer] which is going to sink D.A.C.A. and Obama ‘ s other monkeyshines …

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… Now What is the Ruckus [#Tamir Rice case]…

Posted by paulfromwloh on Friday,October 23rd,2015

.. plenty ..

.. as part of his decision – making process , Tim McGinty [the county Prosecutor] has engaged several outside experts to weigh in on the case . Whether he [as the prosecutor] decides to take the case to the grand jury , or makes the decision himself not to bring charges , he figures that the opinion of outside experts in the use of police powers and the use of force would be helpful …

.. well , he did . It is not as if McGinty is being a political chicken . McGinty is no fool , especially given the extremely high profile of this case . However , the more information that is available , the better . Even better yet , the information that is used in his decision – making process is being released . Normally , with a grand jury , it would not be . But in this case , a little demystification of the grand jury process is not such a bad idea ..

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

.. so , what is all the ruckus ?? …

.. the outside experts have spoken . The Rice family does not like what these folks have said . What the experts have stated is that the two cops who responded to the public part exhibited a ” reasonable amount ” of force ..

.. what does that mean ? If the case goes to a grand jury [as is my guess] , the grand jury will not indict the two cops . They were reasonable in their use of force in shooting the young boy . They has good reason to think that the gun that young Tamir Rice has was a real gun . In addition , Rice drew on the cops . In any case involving the police , that is a really , really bad idea …

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… Jonathan Turley — on Halbig …

Posted by paulfromwloh on Friday,September 5th,2014

.. the Halbig case is an important court case , now at the D.C. Court of Appeals …

.. what Halbig does is to seek to enforce ObamaCrapCare , as it is written . No , not as it has been rewritten by His Lordship and his cronies …

.. [h/t — theRightScoop]..
.. [link] to the interview …

.. Professor Jonathan Turley [Georgetown Law] was interviewed on the Kelly File the other night . He felt that it was clear that the ruling in Halbig made it clear that the stupidity that is ObamaCrapCare could well collapse of its own weight , courtesy of its absurdities …

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… Those Idiots are Asking for Another Legal Brawl [#gun rights]…

Posted by paulfromwloh on Tuesday,July 8th,2014

.. gee , don’t they get it ? …

.. what part of Peruta v Cty of San Diego do they not understand ?

.. this new gun – grab bill is a whopper . They have to be crazy …

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

.. Peruta is a recent gun rights case that was fought up the way into the 9th Circuit . It has now basically made California and Hawaii [the 2 key states in the circuit] into “shall issue ” states . That means that once someone applies for a concealed – carry permit , the state has to issue it . it applies all throughout California , not just San Diego County . Whoops ! …

.. they (the legislature) are really that nuts enough to pass a gun – grab bill like this ? It would take guns away from a gun owner , just on the basis of an accusation . One would not be able to even know whose accuser that one is dealing with …

.. Realistically , California would be facing both a ballot issue , and a legal fight . I would advise them to do both . CA is not as loonie leftie as people think , although it is light blue in political makeup . The gun – rights crowd is more than strong enough to mount a fight , and do battle with the ” gun grabbers … “

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… Ambiguity in the Clean Air Act [& Amendments] …

Posted by paulfromwloh on Saturday,July 5th,2014

.. yes , it does matter .

.. you might ask , huh ? ..

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

.. an agency gets a certain amount of latitude in how to interpret a statute . That latitude , due to a certain US Supreme Court case [Chevron v N.R.D.C.] is referred to as ” Chevron deference . It is actually quite simple , as it is a two – prong test . Part One is Congressional intent . If Congress has clearly spoken , then that is it . Part Two is where things get a lot more dicey . If things are ambiguous , then is the agency ‘ s ” construction ” of the meaning reasonable and applicable to the statute . If not , then , down the drain …….

.. It matter a lot , because the ObamaCrap E.P.A. is using that ” Chevron Deference ” in order to be able to regulate ” greenhouse gases . ” If their interpretation is struck down , as I think is really possible , then His Lordship ‘ s ” Climate Change ” diktat is toast …

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… What in the Hell was the IRS thinking ??? …

Posted by paulfromwloh on Saturday,July 5th,2014

.. I have heard of boners by the Infernal Service , but this one takes the cake . Sharing over 1 million pages of files with the Department of Injustice ??

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

.. sharing information from a taxpayer ‘ s file for an unauthorized and / or illegal purpose is illegal . It is a F – E – L – L – O – N – Y . Oops ! …

..People are going to jail on this one . The only question now is how many , and for how long ?? ….

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… A Significant Supreme Court Decision [UARG v EPA] …

Posted by paulfromwloh on Sunday,June 29th,2014

.. well , whatdoes it mean ? ..

.. well , the government does still get to regulate greenhouse gasses . That will be the case as long as the current lineup of the Supreme Court remains unchanges. Once a change comes (hopefully , for the better) , then the EPA can be forces to retreat …

.. [h/t — m.NationalReview(BenchMemos)]..
.. [link] to the blog post ..

.. the decision basically says that the agency (in this case , the EPA) will be granted a certain amount of latitude . That latitude , known in the trade as “Chevron Deference,” gives an agency the ability to implement (within reason) the law and intent of a statute . However , what I think the liberals do not understand with this decision is that UARG limits that deference to a clear point , within reason . It cannot be stretched , as Chief Justice Rehnquist once put it , beyond the limits of reason with the strands of a rubber bands as to be unrecognizable …

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… Interesting Way to Use the R.I.C.O. Statute …

Posted by paulfromwloh on Tuesday,June 24th,2014

.. against the Executive Office of the President ..

.. [h/t — TruthRevolt]..
.. [link] to the book review ..

.. interesting way to use to R.I.C.O. statute , in a civil manner . Considering that it is intended as being used against POTUS and the E.O.P. , it would likely be stayed [judicial halt] until after Obama leaves office …

.. also , if you are going to boot them out , you have to take out both Obama and Uncle Joe [Biden] . They both have to go . Take out one , and Uncle Joe takes over . Take out both , and Boehner becomes POTUS …

.. I heartily recommend the People versus Barack Obama : the Criminal Case against the Obama Administration , sight unseen . The author , Ben Shapiro , is an excellent writer , and has very likely done his homework . I will get the book as soon as I can …

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… A ” Two – Year ” Gap [#IRS screw up]…

Posted by paulfromwloh on Friday,June 20th,2014

.. what is happening with the IRS ? ..

.. Do they expect people to believe that there is a two – year gap in the e – mail records dealing with Lois Lerner , especially to external sources ? Get Real , Service . You have to be full of crap to expect people to inhale this load of crapburger …

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

.. I am not a genius , but I do know something about computers and computer systems . The I.R.S. is lying through its teeth . The e – mails are composed on the computer , but are composed on the e – mail account that the employee (or , in this case , the government) is using . The system these days immediately makes a copy of the e – mail , once it is sent …

.. E – Mail on government systems are preserved to keep archives of government records . So , those e – mails are there … and the Infernal Service is lying through its teeth …

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… the PC Police strikes Again [#Gay Rights crowd]

Posted by paulfromwloh on Friday,June 6th,2014

.. so , what else is new ..

.. this gentleman is a gay rights supporter and a law professor at the University of Virginia law school . So , what problem does the PC crowd have ?? …

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

.. he was ” insufficiently ” gay – rights friendly . That is the problem . He wrote a letter to Arizona Governor Jan Brewer during the debate over SB 1062 , the religious freedom restoration bill . He made it clear that the bill struck a fair balance between the rights of the individual business owner who delivers services and those who request services … That set off the gay community , or , at least this interest group …

.. how ridiculous . Gov Brewer eventually vetoed the bill , but ones like it are steadily popping up and making their way through the legislatures in other states . The gay rights crowd cannot stop them . They might want to , but they cannot …

.. Also , the US Supreme Court is going to have to deal with this issue , yet again . This time , I believe , especially with the Hosanna Tabor and Town of Greece precedents , it will rule 6 to 3 in favour of religious liberty …

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… Professor Dershowitz sides with Hobby Lobby …

Posted by paulfromwloh on Wednesday,April 2nd,2014

.. no , this is not a surprise .

.. given the circumstances , he is a fair bit more moderate on religion issues .not too much , but just enough …

.. [h/t — theRightScoop]..
.. [link] to the interview ..

.. I believe that this one was from Saturday night ‘ s edition of ” Justice with Judge Jeanine . ” More on that , later …

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… What Judge would Do This ? …

Posted by paulfromwloh on Monday,February 3rd,2014

.. this action was taken by a judge in response to a lawsuit .

.. Connecticut gun owners have been burdened by a new law that was passed post – Sandy Hook that acts to ban guns and limit munitions . This judge has forgotten about pending judicial precedent , such as Heller and McDonald v City of Chicago . So , this activist judge allowed the new law to stand …

.. what is amazing is that these activist judges fail to read the Constitution , specificially the Second Amendment . They also tend to forget that the Bill of Rights , taken as a whole , is a body of law that is desgined to protect Individual rights , not collective rights , such as those of groups of so – called protected classes .

.. The entire Constitution is itself written and designed to protect the rights of the individual against the actions of the state and the government . That shoots down actions taken by those who try to interpret the Second Amendment to act a collective right . It is not that at all . It is a protection of the rights of the individual against the government , not the government against the indivual . So act to preserve the rights of the individual , and vacate this idiotic ruling …

.. [h/t — Liberty Unyielding] ..

.. [link] ..

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