Category Archives: Judiciary

Obama Whining ‘Political Obstruction’

obama_whining_obstructionOpening a summer showdown with Congress, a combative President Barack Obama nominated three judges to a powerful appellate court Tuesday and challenged Republicans to stop the “political obstruction” holding up his nominees. Obama said “There’s no reason, aside from politics, for Republicans to block these individuals from getting an up-or-down vote.”

Tell that to the hundreds of conservative non-profit applicants that passed through two election cycles and are still waiting. I feel your pain Mr. President.

Link:Obama nominates 3 to appeals court, testing GOP – Yahoo! News.

aSide Order

Mexico, Central America’s Banana Republic

Gary and Yanira Maldonado, who live near Phoenix, Ariz., traveled to Mexico last week to attend a family funeral. On their way back to the U.S. their bus was stopped at a military checkpoint where soldiers ordered all passengers off the bus.

Later soldiers told the couple that marijuana was found under her seat and the seat next to hers…and Yanira was arrested, KPHO-TV said.american_is_mexican_hostage

Yanira’s brother, Brandon Klippel, said the couple were the only U.S. citizens on the bus – and if drugs were truly found on board, they were already there when the couple sat down, KPHO-TV reported.

“His attorney had talked to the prosecuting attorney there and came back to him and said, ‘You know how it works in Mexico, right?’” Klippel told CBS5 News. “He said, ‘no I don’t.’ He [attorney] said, ‘well, if we bribe the judge – then he’ll let you go.’”

Here’s an idea. Stay out of Mexico, under any circumstances. Don’t vacation there. Let the corrupt politicians and drug lords die by their own sword. Their problem is not our problem to fix. With any luck, more Mexicans here illegally will return home and face that reality and take their country back. Instead of trying to take this one.

Why do we have a President and Secretary of State anyway? I think that they are supposed to protect us and our interests? Since the ones who are supposed to intervene seem to be UN-involved yet again, maybe we should ask Dennis Rodman to intervene?


 Southern Justice Cost Woman Her Life, Over A Parking Ticket

st_claire_courthouseIn a suburban Birmingham, Alabama courtroom, Dwana Vonica London-Richardson, age 45, died on the courtroom floor struggling to breathe, after being arrested and jailed over an unpaid parking traffic violation. That, after being refused medical treatment, an asthma inhaler, in the courtroom. Despite pleas for help from her daughter.

Ayunna Johnae London, the daughter of the deceased victim, claims her mother died gasping for breath in the court after being treated callously and unconstitutionally. Her mother suffered from asthma and other health conditions yet the jail administration refused to get her medication, saying she was faking it, and then they let her die in the courtroom, according to Ayunna.


Out Of The Closet, A True Confession

After seeing life-changing things like this in the news media, I question whether there’s anything to it. So, after looking deep inside my psyche and emotions, I’ll confess what I’ve carried with me since my earliest memories. To get this monkey off my back, so to speak. It is something that, for me, just seemed to come naturally. Juvenile experimentation aside, I have come to realize that I have always been attracted to the opposite sex and am a heterosexual.

That being said, only one question remains. Beside the President, who cares and what does it matter? OK, that’s two questions.

Who, Or What, Should Benefit From Immigration Reform?

To answer that question requires navigating a minefield of political considerations. But it shouldn’t have to be that way. As any country proud stand-by-countryof its founding and its heritage should be, the answer is simple. Any immigration should be to the benefit of the country. Not to a particular political party or to any identified “class.”

Democrats act as if the right to run across the border when you’re 8 1/2 months pregnant, give birth in a U.S. hospital and then immediately start collecting welfare was exactly what our forebears had in mind, a sacred constitutional right, as old as the 14th Amendment itself. This is the ‘anchor baby’ effect. That’s not the case. But needs to be addressed, eliminated, in any immigration reform legislation.

There is, or was, an effort to attract and keep highly skilled immigrants in the fields of Science, Technology, Engineering and Math. It was called the STEM Jobs Act.

U.S. Citizen Swearing-In Ceremony

STEM Jobs Act summary . . .

Amends the Immigration and Nationality Act to make up to 55,000 visas available in FY2014 and subsequent fiscal years to qualified immigrants who:
(1) have a doctorate degree in a field of science, technology, engineering, or mathematics (STEM degree) from a U.S. doctoral institution of higher education; and

(2) have taken all doctoral courses in a STEM field, including all courses taken by correspondence or by distance education, while physically present in the United States.

Illegal Immigrants Swearing

It passed the House with bi-partisan support. But died in the Democrat-controlled Senate. What could be controversial about that? It appears that smart and self-sufficient immigrants, those likely to be job creators themselves, not dependent on government welfare programs are not the kind of immigrants Democrats prefer. They prefer immigrants that are both bad for society and good for their political party.

Continue reading Who, Or What, Should Benefit From Immigration Reform?

Obama’s “Recess Appointments” Ruled Unconstitutional

That’s right. The man who has taken the oath twice to ‘preserve, protect, and defend the Constitution of the United States’ has been ruled to have violated it. Not because a president doesn’t have the power to make recess appointments, because he does. But the Senate first must be in recess. Which in this case last year, it wasn’t. The Senate was in pro-forma sessions, which means that it was not in recess. Democrats used the same pro-forma sessions in 2007 to prevent Bush (the guy who respects the Constitution) from making recess appointments.

Kudos to the Landmark Legal Foundation that spearheaded the case.

A three judge panel for the U.S. Court of Appeals for the District of Columbia Circuit today adopted arguments advanced by Landmark Legal Foundation to overturn appointments made by President Obama to the National Labor Relations Board (NLRB). Landmark argued in its amicus curiae (friend of the court) brief that the President’s use of the Constitution’s “recess appointments” clause violated the restrictions placed by the Constitution on that power.

Landmark Legal Foundation President Mark R. Levin said “This President doesn’t get to tear up and toss aside the Constitution just because he disagrees with the limitations it imposes on him.”

The contentious recess appointments were made to the National Labor Relations Board which at the time had three vacancies out of 5. The President appointed three pro labor union appointees, making the NLRB a Democrat and pro labor union majority.

If the ruling stands, it means that hundreds of decisions issued by the board over more than a year would be invalid. It also would leave the five-member labor board with just one validly appointed member, effectively shutting it down. The board is allowed to issue decisions only when it has at least three sitting members.

Link: Court: Obama appointments are unconstitutional

Enemies Welcome!

That may as well be the sign in Arizona. Today’s Supreme Court ruling upheld Arizona’s right to verify legal status if the person is stopped for any other legal reason. Then they can call ICE to report them, who is then supposed to pick them up, decide their status, and deport if they are illegals. The rest of SB1070 was rejected as being the sole responsibility of the federal government.

True to form is the response from the executive branch over the court’s decision. Hey Arizona, don’t bother reporting any illegals you may find. We’re not interested in enforcing the law that the Supreme Court just said was our responsibility. LOL  Deal with it.

When the state can not protect itself and its sovereignty, the union of sovereign states are sovereign no more. Centralized government control and punishment on display.

And the message this sends to the world? All illegals, terrorists, and enemies we don’t even know we have,  are welcome in the United States. Just use the Arizona border with Mexico and behave yourself in public. Have a nice day.

Isn’t it amazing that, to get what he wants, undocumented democrats, he is restrained by no law, no constitution, and no oath. The Obama administration is the lawless administration.

Link: Justice Antonin Scalia’s opinion

Presidential, Or Community Organizer, You Decide

The President’s unloading on the Supreme Court Monday, before any decision on his Affordable Health Care Act has been announced, was very un-presidential. You could argue that he should know better than to act that way, but, he has done it before in public. At the 2010 SOTU show over a campaign finance decision in Citizens United v. United States.

Yes, he missed a teachable moment as a ‘constitutional’ attorney. Instead of sitting at his Oval Office desk, giving the American people the confidence that our system of government, big and slow as it is, is working on settling everyone’s concern about the constitutionality of Obamacare1,  President Obama acted more like the community organizer he is than the president he should be. He, Sen. Chuck Schumer (D-NY), and leading Democrats employed veiled threats and intimidation to try to effect the Supreme Court’s decision, and at the same time, rile up half the country against the Supreme Court, and against the other half of the country. It’s what community organizers do on a country level.

From all the whining and imputing comments from our President over the Court’s decision, expected to be announced at the conclusion of their session in June, makes one wonder if he hasn’t already been tipped off as to how the court voted?

Links: Dems wage pressure campaign on Supreme Court over health ruling  |    Bruised Obama tries to walk back his attack on the Supreme Court

1 President Obama’s signature piece of legislation that was more important (to him) to enact than creating jobs and our economic recovery.

11th Circuit Court Of Appeals Affirms Judge Vinson, Sort Of

Update 8/13/2011. A three-judge panel of the U.S. Court of Appeals for the 11th Circuit ruled Friday that a provision of the law that requires people to buy health insurance or face an annual penalty is unconstitutional. The ruling affirmed an earlier decision by U.S. District Judge Roger Vinson of Pensacola, Florida.

Curiously though, the court also ruled that absent the mandate, the Act can continue. What this means is that three judges on the U.S. Court of Appeals for the 11th Circuit pulled a severability clause out of their butt.

In Judge Vinson’s ruling, he concluded . . .

“Because the individual mandate is unconstitutional and not severable, the entire Act must be declared void.” {emphasis added}

The survivability of Obamacare without forced participation is zero. Well with one caveat. For Obamacare to survive without forced participation, the administration would have to speed up the elimination of the private health insurance industry process to before the next election instead of after. I don’t see that happening. So for all practical purposes, the fact that the rest of the Act may stay is moot. The court knows this. They also know that the Act contained no severability clause. That the court found the rest of the Act is constitutional and ignored the non-severability of the Act looks like a political decision with no real consequences. Well, except for the fact that the judges made a political decision here, instead of a legal one. Isn’t that like, not their job?

Let’s hope this gets to the Supreme Court this year. Today’s ruling did nothing to reduce the FUD factor. In fact, it only made it worse. That’s not what an economy struggling to survive needs if it is going to recover.

Markets don’t do well in an atmosphere of fear, uncertainty, and doubt. The power grab the Obama administration has perpetrated over various industries and companies is sending only one message to business. Watch out, you could be next.

Link: LegalNewsline | Eleventh Circuit rules against part of ObamaCare.

RICO Suit Against BP Dismissed

A RICO lawsuit brought against BP by Pensacola’s own Levin-Papantonio law firm was thrown out by a federal judge on Friday.

No proof . . .

Barbier dismissed the claims, saying there is no proof the plaintiffs were directly harmed by the alleged racketeering.

Levin-Papantonio and a Greenwood, Miss. law firm alleged that BP defrauded regulators in connection with the safety of its drilling operations, its ability to respond to any oil spill, and its response to the actual spill, to the level of racketeering.

Plaintiffs Attorney Mike Papantonio made this statement a year ago.

“If you consider why we are where we are with this catastrophe, it’s because we allowed the oil industry to dictate what we were supposed to do rather than us dictating what they are supposed to do. An agency charged with safeguarding all of us became captive and simply an extension of the petroleum industry.”

Last Friday, US District Judge Carl Barbier said . . .

there was no proof that the plaintiffs, which include businesses and homeowners, were directly harmed in a way to sustain their claims under the Racketeer Influenced and Corrupt Organisations Act, or RICO. That law originally was intended to fight organised crime.

So a year later it turns out that following current law takes precedence over woulda coulda shoulda “law.”

U.S. District Judge Carl Barbier gave BP another win by setting aside claims filed by one of BP’s partners in the well project that resulted in the disaster.

BP won another battle last month when the court said that the Sierra Club can not join the suit as a plaintiff. Because “the Sierra Club failed to show that its interests in the suit were strong enough to grant its motion to join the matter as a plaintiff.” No standing.

I guess we won’t be seeing Dick Cheney being frog marched for anything to do with the Deepwater Horizon accident.

2011 July BP Civil RICO Dismissal

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Election Result Changes In Wisconsin

Through what is believed to be ‘human error,’ the incumbent Wisconsin Supreme Court justice David Prosser beat out challenger Joanne Kloppenburg by over 7,000 votes instead of Kloppenburg by 204 as was initially reported.

The problem was that the votes in Brookfield, Wisconsin were not counted. And Brookfield had a 55 percent voter turnout that went 3 to 1 for Prosser.

Link: Waukesha County Clerk Failed To Send In City’s 14,000 Votes

Slim Lead By Challenger In Wisconsin Supreme Court Election

Assistant Attorney General JoAnne Kloppenburg holds a 204-vote lead over Justice David Prosser, according the unofficial Associated Press tally. 204 votes is well within cheating range. A recount is expected.

Kloppenburg is running for the Wisconsin Supreme Court to unseat Justice David Prosser. Her platform is to repeal Gov. Scott Walker’s reform bill. That’s the one that Democrat Senators fled the state to halt its passage.

So we have a candidate for the Supreme Court who has decided a case that has not been presented before her. That’s blind justice, social/union-justice style.

Unofficial Wis. results show challenger leads by 204 votes in court race –.