Archive for the ‘the courts’ Category

Isn’t that the point of having judges elected?

Posted: August 27, 2010 by datechguy in culture, the courts
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to make them accountable to the people?

Conservative activists are trying to oust three judges on the state Supreme Court whose unanimous ruling last year legalized same-sex unions. Their decision stunned opponents nationwide and delighted advocates who were eager for a victory in the heartland.

Why are supporters of Gay Marriage worried about this? It’s explained after the jump:

Gay rights groups have been less successful in the voting booth; in every state where the issue has been put on the ballot, voters have agreed to define marriage as exclusively between a man and a woman. emphasis mine

One can legitimately disagree on having elected vs appointed judges, both systems have advantages and disadvantages, but to get all in a huff because an elected official is being held accountable for actions in an elected office is just nonsense and highlights the disrespect and disdain the elites have with the voters in general and apparently our republican system in particular

Memeorandum thread here

Sure it’s legal but that’s only because it’s not against the law!

Posted: August 23, 2010 by datechguy in congress, media, politics, the courts
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I know there are times when I hit the publish button much too fast, or accidentally erase a word or two but this is the New York Times, they have you know editors?

But many of Mr. DeLay’s actions remain legal only because lawmakers have chosen not to criminalize them.

and just to show they are fair minded they point out that Nancy Pelosi is also not breaking the law in the very same way! Does that mean they want her to resign?

Hey once we start permitting actions just because they aren’t illegal where will it end? Apparently in Nicaragua.

All last week we heard about Blago, being “vindicated” after he was found guilty of a single charge out of over a dozen, There has been commentary hitting the prosecution for bringing such a poor case. We won’t hear the same complaints about what happened to Delay because as an effective republican he meets the “Just Because” standard.

Can someone please explain to me why these people have a writing job and I don’t?

Memeorandum thread here.

Comedy in 1978, Caselaw in 2010

Posted: August 18, 2010 by datechguy in culture, the courts
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All in the family was a staple in my house for many years when I was a kid. This week an episode called “The commercial” came to mind.

Edith is ambushed at the launderette by a man who tears Archie’s favorite shirt in half. It turns out he is from a detergent company filming with a hidden camera and they are shooting a commercial. They hire Edith to film the commercial but when the time comes to pick which half is brighter and cleaner she keeps picking the half washed in her brand. When told to pick “New Improved Sudi sudds” she just can’t bring herself to lie.

Archie, desperate to salvage payday and the residuals from the commercial tries to explain why she has to lie:

“They gotta give the lie, equal time with the truth.”

Apparently Archie was ahead of his time. Not only did he predict Reagan’s win in 1980 but he apparently saw this ruling coming down the pike from the 9th circuit:

A panel of the 9th U.S. Circuit Court of Appeals sided with him in a 2-1 decision Tuesday, agreeing that the law was a violation of his free-speech rights. The majority said there’s no evidence that such lies harm anybody, and there’s no compelling reason for the government to ban such lies.

The dissenting justice insisted that the majority refused to follow clear Supreme Court precedent that false statements of fact are not entitled to First Amendment protection.

The act revised and toughened a law that forbids anyone to wear a military medal that wasn’t earned. The measure sailed through Congress in late 2006, receiving unanimous approval in the Senate.

What a boon for the cheating husband, he doesn’t have to rely on the “Oral Sex isn’t sex” defense he can BS his wife on first amendment grounds.

“who speaks for the people?”

Posted: August 17, 2010 by datechguy in internet/free speech, the courts
Tags: ,

Dafydd al Hugh doesn’t just score he breaks the backboard:

The whole point of a citizens’ initiative is to allow the voters themselves to enact reforms or repeal tyrannical laws, even when elected officials are corrupt, out of touch, or unwilling to listen. But if the governor can overturn such an initiative merely by refusing to defend it in the inevitable lawsuit, allowing opponents of the initiative to win by default, then the entire point of a citizens’ initiative is thwarted. (George Will would be overjoyed.)

Read the whole thing

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