Tag: Supreme Court

Is that not what the supreme court is being asked to validate? In the case before our Nation's highest court, the justices are being asked to determine whether California's 2008 Proposition 8 as enacted by voters is constitutional.  They are being asked to either affirm or deny the decision of United States District Court Judge Vaughn Walker,  who overturned it on August 4, 2010; his argument being a violation of both the Due Process clause, and Equal Protections clause of the 14th amendment.

A inaccurate understanding of the 14th amendment if ever there was one.

Due Process guarantees a process under which something might be taken.  It allows the imposed upon person or class to prepare a defense or answer to actions being used to deprive an individual, or group, a particular thing.  It also requires law to be sufficiently understandable or substantive.

The award is given to 3 or 4 each year, with a 'Grand Defender' being chosen from those, and announced during the annual constitution celebration event in Acme MI. This year's event is Sept 15.  The award reads:

"Has been recognized by the Constitution Celebration Committee and membership as a person of  indefatigable character,  who abides by the laws of our country, and defends with vigor, the principles of its founding by lawful means.

This persons' actions have had a positive impact on the community, and have promoted a better understanding of our founding documents through writings or actions and has shown  a willingness to resist usurpation of the rights granted by our Constitution.                    

This defender specifically represented his community as a 2nd amendment advocate, not when it was convenient, but as infringement by other authority was being advanced. He supported the United States Constitution through outreach and strength, with unfailing dedication towards preserving tradition for our children and beyond."

This video provides a pretty good explanation WHY this Sheriff was chosen.

We thank him.

I hope the Democrats in Michigan are happy with their replacement of a (inaccurately portrayed) sleeping judge, with one who probably thought we all were. [sleeping] Today's Punditry includes:

• Michigan Lawyers Weekly Blog - Pandering to the press'? C'mon, now
  
• Crains -Contenders To Replace Hathaway
  
• Jonathan Turley -  .. Agency Accused Her Of "Blatant and Brazen Violations"
  
• Kenneth A - Silent Fraud
  
• Republican Michigander - Hathaway Resigns Snyder Will Appoint Supreme Court Justice

Governor Rick Snyder will have a few good folks to choose from on January 21st.

And with the retirement of Justice Diane Hathaway, many might think the obvious choice would be to go with the selection Republicans made in 2012 during their state convention to run for the office.  However, it should be noted that Colleen Obrien Couldn't even beat a candidate with NO TRIAL experience.  A good suggestion with regard to that? Forget it.

We can do better.

There is one more chance to do the right thing for Michigan, with both experience and a sense of following the rules:

"Our Judges Must Faithfully Apply Our Constitution And Plain Language Of Our Statutes. It Is Our Only Hope Of Defending Freedom And Ordered Liberty." - Judge Jane Markey"

This is indeed a great opportunity, and as I am sure the political machinery is in full operation, the choice should be very clear and without argument.  For the proper role of the court to be protected and advanced, there is only one choice that would provide a quality justice for Michigan, and also give the rule of law bench a better chance in the following election cycle.  And one candidate fits the profile needed to restore integrity to the office.

For fraud, Money laundering,tax evasion,lying under oath,.. little stuff like that.

Ouch.

AND in the mean time, the Judicial Tenure Commission has indicated it would like the Supreme court to suspend the sitting Michigan Supreme Court Justice immediately.

"The Judicial Tenure Commission, through its Examiner, requests that the Supreme Court give immediate consideration to its petition for interim suspension filed concurrently with this motion, based on the following:

1. Respondent is, and at all material times was, a justice of the Supreme Court, State of Michigan.
   
2. As a judge, Respondent is subject to all the duties and responsibilities imposed on her by the Michigan Supreme Court, including those under the Code of Judicial Conduct, and is subject to the standards for discipline set forth in MCR 9.104 and MCR 9.205.
   
3. On January 7, 2013, the Michigan Judicial Tenure Commission (JTC) authorized a formal complaint (FC 91) against Hon. Diane Marie Hathaway (Respondent), currently a Justice of the Michigan Supreme Court1, and the filing of a Petition for Interim Suspension with the Supreme Court.

...

7. The formal complaint and petition are also based on allegations that Respondent admitted to engaging in the fraudulent concealment of assets from potential creditors as to the Florida property, and misrepresentations to the Commission in the course of its investigation.
   
8. The Supreme Court has scheduled oral arguments for Wednesday, January 9, 2013.
   
9. In order to preserve the integrity of the judiciary and to protect the public, the petition for interim suspension should be considered and decided before that date.

WHEREFORE, pursuant to MCR 7.313(A)(5), the Michigan Judicial Tenure Commission requests that this Honorable Court give immediate consideration to its Petition for Interim Suspension."

A side note:  Respondent is disqualified from considering this motion. See MCR 2.003; MCR 9.204(A); In re Justin, 490 Mich 394 (2012).

Perhaps anyone else who faces mortgage fraud charges from here on out has an ace-in-the-hole precedent.  At least under equal application of the law.  From WXYZ:

"A federal judge has temporarily stopped forfeiture procedures to seize the home of Michigan Supreme Court Justice Diane Hathaway.

The move could signal that change is afoot behind the scenes, ranging from a upcoming criminal charges to some sort of settlement of the present civil case, .."

As someone might have put it in an email recently; "Holder's Office would never cough up a sitting Useful Idiot on a Team R majority SCOMI."

Matt Frendewey, director of communications for the Michigan Republican Party, issued the following statement:

"Democratic Supreme Court Justice Diane Hathaway must protect the integrity of Michigan's judicial system and immediately resign.

"Justice Hathaway's real estate scam involved transferring properties out her and her husband's name into the name of their children in order to obtain a short sale. Her actions are offensive to the many Michigan families who have faced difficult times during Michigan's economic down turn. As a justice on the highest court in Michigan, Hathaway's involvement in the alleged scam, the FBI investigation, and today's complaint undermines her ability to affectively sit in a position of judgment over Michigan citizens and the state's judicial system.

"Swift and immediate action is required before Hathaway's scandal scars the highest court. I can only hope that Michigan Democratic Chairman Mark Brewer, a lawyer himself, recognizes good policy must trump partisan politics and will join the Michigan Republican Party in calling for Justice Hathaway's resignation."