Lake Erie Conservative

thoughtful discussion(s) about issue(s)

Posts Tagged ‘opinion’

… Voter I.D. is Moving in Ohio [#voter fraud]…

Posted by paulfromwloh on Wednesday,November 30th,2016

.. unfortunately , it will not be in time for this fall ‘ s elections …

.. the state legislature is taking up another election reform bill . Especially since the GOP will still be in control , and Jon Husted [GOP SecState] will likely be the chief elections officer , the legislature does not have to double – time the issue …

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

.. the question will likely brought up again in the new edition of the legislature that will take office in January . Kasich will still be around [having been easily re – elected], so getting the bill thru will not be a problem . Setting it up for the early voting period will get interesting , though , to see how they require documentation to be submitted …

.. it will hit me . I have a driver ‘ s license , a state i.d. , and a US passport . It is plenty enough documentation for what will be required …

— [update]– hopefully , it will move in the post – election special session . it is possible , but it is not likely ….

.. a much more likely possibility is that the new legislature will take it up . Amazingly enough , the drubbing that the DemoCraps took at the polls on November 4th , 2014 had the predictable result — the Dems lost even more seats in the legislature , if that were possible . now the Dems are down to only 34 Dems in the State House , and 9 in the State Senate …

.. what that will allow is a provision of the Ohio Constitution , one that allows the Legislature to adopt a bill with a 3/5ths majority . It is usually done to adopt and pass a bill as an emergency [in a big hurry] . In this case , it is not needed . This provision is used to block any possible initiative or referendum that could possibly be mounted by interest groups to try to repeal the bill .  With a 3/5ths vote , un – uh … that move is not allowed …

.. expect a court fight (again) over this one . The NAALCP and the ACLU will go hyper – spastic over it . Knowing the ObamaCraps are still around , the Holder Department of InJustice will probably stick its nose in on their behalf …

.. someone should remind them … by a solid [7 to 2] precedent in Indiana [under the Voting Rights Act] , Voter ID has been found kopasetic by the US Supreme Court , so , enough already …

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… What in the Hell is the Charlotte Observer thinking ?? [#editorial][#transgender issue][#school bathroom][#school lockerroom]…

Posted by paulfromwloh on Wednesday,May 25th,2016

.. indeed ..

.. here is the link to the editorial from the Charlotte Observer , regarding the transgender issue . It states , roughly , that students must get used to seeing genitalia of the opposite gender / sex in their locker room , whether they like it or not . Are they insane ?? ..

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

.. a bathroom , a lockerroom , both are private places . We go there to ” go to the can . ” In the other case , we go there to change our clothes into gym clothes , or to shower , clean up , and get dressed and return to our regular street clothes . It is just that , aa private ce . It is not a place that should be invaded by transgenders ..

.. Someone may be ” transitioning into trangender status . ” However , they have not had the surgeries needed to change their sex . Once they do , then they can get their birth certificate changed . Then you use the locker room of your new sex ..

.. Not before !! ..

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… What do I Think in Darren Wilson ‘ s Case ?!?! [#grand jury decision]…

Posted by paulfromwloh on Friday,November 21st,2014

.. so , what do I think ? …

.. it is based upon what I have seen , what I have written [here and elsewhere] , what I have watched , and other things …

.. of this , I can be fairly sure …

.. Ferguson Police Officer Darren Wilson will not , repeat , NOT , be indicted for murder …

.. [h/t — en.Wikipedia.org]..
.. [link] to the Wikipedia article …

.. at the worst , I believe that Darren Wilson will be indicted for manslaughter . He could be indicted for voluntary manslaughter , but I highly doubt that .. voluntary manslaughter requires malice , or intent beforehand ..

.. at the worst , depending upon how the case is presented to the grand jury , Officer Wilson may well be indicted for involuntary manslaughter . Given that Michael Brown was the aggressor , and attacked Wilson in his cruiser , the law will give Wilson a certain amount of latitude in his response to Brown …

.. however , it does not give him carte blanche . He can employ reasonable force to bring Michael Brown to justice , but only that . He may well have crossed the line , but only barely . A judgement of ” no true bill , ” or no indictment of the officer , thus clearing him , also would not surprise me …

.. given all of the conflicting statements , and the lack of scientific evidence , other than that of what happened to Brown and Wilson directly , it makes it virtually impossible to charge Wilson with murder . The same situation makes it very difficult , but not impossible , to charge him with voluntary manslaughter …

.. that is what I think …

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… A Trip Back in Time [Clinton White House memos]…

Posted by paulfromwloh on Saturday,July 26th,2014

.. this one is about the confirmation of Supreme Court associate justice Ruth Bader Ginsberg …

.. there is a great deal of grief about Ginsberg and her ” extreme ” liberal views . Well , if she were that extreme , then why nominate her in the first place …

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

.. time and history has proven them right . Ginsberg has proven herself to be an extremist liberal lunatic . There is little likelihood of her and her ilk being appointed to replace her …

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… Nice Try , Guys [#AGs playing dirty]…

Posted by paulfromwloh on Wednesday,July 23rd,2014

.. state AGs , especially the DemoCrap ones , have a habit of trying to play dirty . Anyone who is remotely familiar with the grand Tobacco Settlement [read : extortion] of the very late 1990s can understand that …

.. now , we are seeing the flipside of the efforts at disclosure of campaign finance and a person ‘ s contributions to a non – profit . People , including me , are rethinking their positions …

.. it is especially the case after the episode of Brendan Eich . Eich was for a short time toe CEO of the website supplier Mozilla . Eich , who is I think something of a libertarian , was harassed and hounded out of his CEOs job courtesy of a campaign contribution that he had made to the traditional marriage initiative [Proposition 8] in California …

.. [h/t — WallStreetJournal/Opinion]..
.. [link] to the opinion …

.. Mozilla evidently had a fair number of gay and lesbian employees . They did not want someone as their boss who had contributed to that initiative campaign back in 2008 . So , Eich resigned …

.. the results of the Eich episode are especially acute where it comes to non – profits . Political contributions are designed to be disclosed . Contributions to non – profit groups are designed , both by law , and by court precedent , to be confidential . The efforts of the AGs in Californai [kamala Harris] and New York state [Eric Sneiderman] are designed to undermine this effort …

.. what part of federal supremacy and court precedent , in addition to tax law , do those two idiots not understand ?!?! keep your damn hands off of my non – for – profit contributions . They are the business of mine and the groups , and are for no one else , especially you two nosy bodies ….

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… Victory at the Supreme Court [#Hobby Lobby]…

Posted by paulfromwloh on Thursday,July 3rd,2014

.. yea !! ..

.. Hobby Lobby won its case .

.. for those who do not know , Hobby Lobby Stores is a chain of craft stores . They are closely – held , owned by a family [the Greens] . They encountered ObamaCrapCare , Yikes !! …

.. the ObamaCraps enacted , through the ” Essential Benefits ” package , the contraceptive mandate . It ” mandated ” that insurance policies sold in the United States contained coverage for free contraceptives , including those that could and would be considered abortion – causing drugs [abortifacients] …

.. the Greens [Hobby Lobby] and the Hahns [Conestoga Wood Products] both objected , and they sued in separate actions in separate parts of the country . Conestoga Wood is a wood products company in Lancaster , PA . Hobby Lobby Stores is a nationwide chain of hobby stores , that is headquartered in (I think) Oklahoma . The Appeals Courts reached separate judgements , and the cases were combined for purposes of this case …

.. [h/t — Cornell University Law School Library]..

.. [link] to the opinion …

.. congratulations to the Hahns and the Greens on a hard- fought victory …

.. a few highlights from the case [courtesy of Ed Whelan @ NR Bench Memos]…

Here’s a quick summary of (and a few comments on) Justice Alito’s majority opinion in Hobby Lobby:

1. For-profit corporations are persons protected under RFRA. (Pp. 16-20.)

2. Closely held for-profit corporations are capable of engaging in an exercise of religion protected by RFRA. (It “seems unlikely” that publicly traded corporations would “often” assert RFRA claims, but no need to decide whether they can.) (Pp. 20-31.)

3. The HHS mandate substantially burdens the exercise of religion by the Hahns, the Greens, and their companies. (Pp. 31-38.)

    a. Severe economic consequences.

    b. We need not reach novel claim that companies would be better off forcing their employees into the exchanges. But if we did reach the claim, we wouldn’t find it persuasive. (Pp. 32-38.)

4. We need not decide whether the HHS mandate is in furtherance of a compelling governmental interest. Even if we assume it is, the mandate flunks the least-restrictive-means test. (Pp. 38-40.)

5. The mandate flunks the least-restrictive-means test. (Pp. 39-45.)

6. The least-restrictive-means test is “exceptionally demanding.” (P. 39.)

The most straightforward way for the government to achieve its desired goal would be to pay the cost of the objected-to contraceptives itself. We see nothing in RFRA that supports the argument that the government can’t be required to create entirely new programs in order to comply with RFRA. (Pp. 41-43.)

We need not rely on the option of a new government-funded program because HHS has already demonstrated that it has at its disposal an approach that is less restrictive of religious liberty—the accommodation for religious nonprofits. “We do not decide today whether [the accommodation] complies with RFRA for purposes of all religious claims. At a minimum, however, it does not impinge on the plaintiffs’ religious belief that providing insurance coverage for the contraceptives at issue here violates their religion, and it serves HHS’s stated interests equally well.” (Emphasis added.)

 

Commentary: There will be much parsing of this passage. I think that some mandate opponents, worried that a defeat is lying in this victory, will misread this passage. What I think that Alito is saying is that the objection to the accommodation is not to “providing insurance coverage” per se but rather to providing a self-certification that has the consequences of making the certifier morally complicit in the provision of objected-to drugs and devices.* This issue is being, and will continue to be litigated, in the pending suits against the accommodation.

Indeed, it bears highlighting that the majority, in a footnote (footnote 9 on page 10) has offered an expansive reading of the relief that it afforded the Little Sisters of the Poor in the Little Sisters’ challenge to the accommodation: That order means that all “eligible organizations” must “be permitted to opt out of the contraceptive mandate by providing written notification of their objections to the Secretary of HHS, rather than to their insurance issuers or third-party administrators.” Together with the Court’s sound understanding of substantial burden, that proposition ought to provide gives high hopes for a victory to the challengers to the accommodation.

(In his brief concurrence, Justice Kennedy cites the passage above from the majority opinion in stating that the accommodation “does not impinge on the plaintiffs’ religious beliefs.” In context (given that Kennedy joins Alito’s opinion and does nothing more than cite the passage above), I think that it’s clear that he is saying nothing more than Alito is saying: only that the religious beliefs that plaintiffs have set forth in this case against providing insurance coverage wouldn’t be impinged by the accommodation.)

 

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… NLRB v Noel Canning [#US Supreme Court]…

Posted by paulfromwloh on Thursday,July 3rd,2014

.. well , they ruled .

.. and HOW ! ..

.. [h/t — m.NationalReview]..
.. [link] to the expert commentary …
.. [NLRB v Noel Canning [POTUS powers — recess appts]] to the court opinion …

.. Noel Canning is a private business . It was fighting a diktat from the lawless Obama NLRB ordering it to implement a labor agreement with its union . Slight problem : the NLRB did not have a quorum to transact business …

.. so His Lordship rammed through his 3 appointees during a supposed Senate ” recess ” that was not a recess . The US Supreme Court called them on it , and how …

.. The ObamaCraps were slapped down 9 – 0 by the Supremes . Ouch …

.. Don’t worry . A POTUS still can make recess appointments . Now , the rules are clearer . Remember , the House still has a say . The Senate cannot go out on recess for more than 3 days without the permission of the House of Representatives . It is the same the other way …

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… A Sad Commentary on the Economy [#ObamaCrap EPA regs]…

Posted by paulfromwloh on Monday,June 30th,2014

.. yea , it is very sad .

.. but , it is to the point .

branco cartoon (OC coal killer)

.. [h/t — Comicallyincorrect]..
.. [link] to the cartoon..

.. I would have had it as a nuclear weapon . A stick of dynamite is something the coal industry can survive . Also , the juxtapose would be far more hilarious …

.. [update] — with the Supreme Court ruling in UARG v EPA , at least the EPA ‘ s sails have been trimmed a pretty fair bit . More than they realize . The Court liberals tend to grossly underestimate how gifted an opinion writer Antonin Scalia really is . This opinion was a real dandy …

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… SCOTUS was busy This Day …

Posted by paulfromwloh on Saturday,June 28th,2014

.. 2 more rulings , 2 more to go ..

.. they also spread out the workload , though , so …

Noel Canning (recess appointments)—Breyer opinion : Obama’s recess appointments unlawful. Narrow ruling : There was no recess . Scalia (joined by Chief, Thomas, Alito) concurred in judgment , on much broader grounds.

Breyer: (1) Recess-appointment authority can be exercised during any recess, intrasession or intersession. (2) Senate is in session when it says it is and is able to transact business. Three days is too short to count as a recess.

Scalia concurrence in judgment: Recess-appointment authority can be exercised only during intersession recesses and only with respect to offices that become vacant during recess.

McCullen (First Amendment challenge to a Massachusetts statute that creates a no-speech zone within 35 feet of an abortion clinic)—Opinion by Chief strikes down statute. Victory for pro-life protesters, but how broad? Court unanimous on result. Separate opinions concurring in judgment by Scalia (with Kennedy and Thomas) and Alito.

.. That is it for now . Last ones of the term [Harris v Quinn , Hobby Lobby] are due on Monday [June 30th] …

.. Unions are not thrilled , especially the public – sector ones …. Public
sector unions have their worst nightmare: Alito is the probable author of forthcoming opinion in Harris v. Quinn . Ouch !

.. the Boss [Roberts] is the likely author of Hobby Lobby . Decent odds for Hobby Lobby , maybe better …

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… Pam Geller is Right ; the U.K. is wrong …

Posted by paulfromwloh on Monday,April 28th,2014

.. Pam Geller is one of the finest people around .

.. there are fewer than I can think of that have more spark and more courage and drive than she does . I can think of very few people that are more blunt and on point than she is …

.. see her latest column that she submitted for WorldNetDaily , and you will see why …

.. [h/t — PamelaGeller]..
.. [link] to the column ..

.. the text of the column ..

The first-year anniversary of the Boston Marathon jihad bombing was marked by a notable and predictable absence.

All the observances, commemorations and coverage studiously avoided mentioning why the attack happened in the first place: There was no mention of jihad. In all of the pomp, tribute, memorials and wall-to-wall coverage of this terrible anniversary, everyone from President Obama on down had a lot to say. A lot of nothing.

A lot of meaningless rhetoric and feel-good nonsense. Three people were murdered and more than 250 were wounded, many maimed for life – and on the first anniversary, the New York Times ran sympathy propaganda commiserating not with the victims, but with the jihad filth Dzhokhar Tsarnaev.

An article headlined, “Marathon Bombing Suspect Waits in Isolation,” began this way: “He cannot mingle, speak or pray with other prisoners. His only visitors are his legal team, a mental health consultant and his immediate family, who apparently have seen him only rarely.” This holy warrior should have been sentenced to death by a military tribunal. This is moral inversion. Sick and depraved, the New York Times has sunk to an altogether new low. Is it any wonder that its circulation is in the tank and sinking fast? These creeps deserve to go out of business.

The restrictions on the movements of Dzhokhar Tsarnaev are designated for those who pose the greatest threat to others. But the New York Times pooh-poohs that, because “there is little of substance to suggest that Mr. Tsarnaev, 20, and his brother Tamerlan were anything but isolated, homegrown terrorists.” So what? What difference does it make if they were waging jihad alone or with a group?

They blew up the Boston Marathon, targeting thousands of families. They are part of the global jihad. The New York Times has really gone over to the dark side. And it is not alone. The city of Boston paid “solemn tribute” last Tuesday to the victims of the bombing. But as is shown by the cancellation of an honorary degree that was to be awarded to Ayaan Hirsi Ali at Brandeis, one of the city’s leading universities, as well as by the city’s refusal to run the counter-jihad ads of my organization, the American Freedom Defense Initiative, or AFDI, Boston has not yet faced the full reality of what happened there on April 15, 2013.

President Obama said at the “solemn tribute”: “One year later, we also stand in awe of the men and women who continue to inspire us.” Standing in awe of innocent people who were casualties in a jihad attack is meaningless. Neither he nor anyone else said anything about the ideology that motivates this global war against freedom. And his vice president rivaled Obama’s empty rhetoric. Joe Biden said: “We are America, we own the finish line.” What does that even mean? Hey Biden, they bombed the finish line. And even worse than that, Biden told survivors of the bombing that “it was worth it.” He said: “Even though I’m not a Boston fan, I love you guys, man.”

Not a Boston fan? People were killed, and he is talking about sports? And then he added, “My God, you have survived and you have soared. … it was worth it. I mean this sincerely, just to hear each of you speak.” America elected this clown and his jihadophilic boss.

Imagine if a Republican ever uttered such words. But it’s a Democrat, so the enemedia don’t even cover it. They don’t have a single word to say about it. But worse than that is the fact that even after people are blown to bits on an American city street, we still refuse to discuss the identity, motives and goals of the enemy. We are farther back now than we were before Sept. 11. Every time I hear “Boston Strong,” I cringe. Sorry, but this defeatism and fear is anything but strong. Refusal to name the enemy is anything but strong. Not daring to speak its name is not strong. It’s surrender.

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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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… 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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… The Pathological Liar [He is In Good Company] …

Posted by paulfromwloh on Tuesday,July 9th,2013

The Pathological Liar [He is In Good Company]

.. Was there not ever a time that honest people did not despise the subhuman form of blob that is John Kerry ? He first came to public attention more than 40 years ago , lying about his service in Vietnam , and he has been lying about everything — every single thing — ever since .

.. John Kerry got away with his lying for years simply because he was a member of Congress from Massachusetts, a state that hasn’t elected an honest politician in half a century or more. Most states send their criminals to prison. Massachusetts sends theirs to the Senate .

.. Years of experience in dishonesty are, of course, quite valuable in the office of Secretary of State, where Kerry’s predecessor was not  exactly an exemplar of integrity, and so the question is: Is it possible that a liar as skilled as John Kerry is overqualified for this gig ?

..  Considering who he is serving as Secretary of State , he is in good company … as a Pathological Liar !

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… On the Gang of 8 Immigration Bill , I am undecided …

Posted by paulfromwloh on Wednesday,April 24th,2013

.. but , I am leaning in one direction ..

.. Still , i want to provide cover for both sides of the debate , as best as I can ..

.. While the Gang of Eight’s questionable immigration reform bill continues to be submarined by Conservatives for its lack of specifics and clarity, the Senate Judicial Committee began hearings to try to bring some needed transparency to the bill . ..   .. For those who do not have their eyes glued (falling asleep) to C – SPAN today , Senator Ted Cruz asked Department of Homeland Security Secretary Janet Napolitano , “ If there are no objective metrics , if it is simply the subjective assessment of a host of factors , how can we have any confidence (that the border will be secured) and that any trigger will be meaningful ? ” ..   .. In true Obama-style, Napolitano failed to specifically answer his question . ..

.. to understand , I am including the relevant clip from C-Span , and youtube , from the hearings … http://www.youtube.com/watch?feature=player_embedded&v=sftJ6FjNmtw

.. This is Senator Cruz ‘ s opinion , from after the hearings ….   .. “ We must have a clear definition of what metrics must be reached in order for the border to be secure. I am not satisfied with answers offered at today’s hearing, as it remains unclear how the provisions in this bill will help achieve a secure border . ..   .. “ As it stands, the border security component – which numbers only 58 pages of the 844-page bill – largely cedes authority to the Department of Homeland Security to determine when and how the border would be secured. However, today’s hearing revealed that the last clear metric for border security – ‘operational control’ – reflected that in 2010, DHS had secured 873 miles of the more than 2,000 mile border. When that metric did not demonstrate success, DHS decided to simply abandon the metric. In order for a metric to be real, it must be meaningful. Currently, there are no objective metrics in place to ensure any triggers in this bill will be meaningful, all while the pathway to citizenship component remains contingent on this undefined border security . ” ..

 

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… there is an Added Problem with the Mandate ….

Posted by paulfromwloh on Tuesday,July 17th,2012

… it is something that i have never heard spoken about , or debated about , on radio , on TV , or in the blogosphere …

… the individual mandate is a ” bill of attainder . ”

… a what ? …

… for those who do not know our Constitution , it is a provision of our learned document (Article 1 , Section 9) . It is an act of a legislature , in this case , Congress , that is meant to punish a person , or , a group of person , without the judgement of a judicial proceeding …

{wikipedia} def of attainder –> meaning taintedness

… in simple , the Mandate , acting as a penalty , is , i believe , a Bill of Attainder , and should have been thrown out on the spot by the courts , definitely by the U. S. Supreme Court …

 

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… the Constitutional Court

Posted by paulfromwloh on Monday,July 16th,2012

… no , folks , not our U S Supreme Court …

… the German Constitutional Court .

… whatever may happen in Europe will likely start in Germany with their highest court . Why ? a number of their constitutional law professors have challenged the bailouts , as well as the mechanisms that the national governments have been using . and the demand keeps growing . and , they do need Germany , with its deep pockets …

… however , they may not have it . If their court says no , in full , or in part , Germany will effectively be out of the bailout business . I think that this court may well say no , at least in part …

… in Germany , especially , given its recent history (who can forget ,  and no one should) , they need to stick to their rule of law more than anyone , and avoid legal finesse …

… but , the consequences for Germany , Europe , the EU , and for everyone else may be telling ….

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