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Tag: Supreme Court
By JGillman, Section News
Michigan voters might take solace in the fact that the CDAA folks are off their nut.
Of course said nuttiness joined by what we might have expected to see; a particular "wise Latina woman" making a mockery of equal protection under the law. A fascinating read of the first day's hearing on the case reveals even liberal biases will not paint the 2006 referendum result as an unconstitutional achievement.
"Arguing that a referendum that bans racial discrimination and preferences is itself a violation of the U.S. Constitution's equal protection clause was always a stretch. Neal Katyal, a former solicitor general in the Clinton administration told USA Today that the lower court ruling striking down the referendum was "an indefensible decision." The liberal Slate writer Emily Bazelon called Schuette "the affirmative action case liberals deserve to lose." And the Obama administration, which intervened in last term's affirmative action case of Fisher v. University of Texas, did not participate in the Schuette case."Signifying perhaps, that CDAA might be reaching even too far for even the Race baiters in the administration?
Also revealed; the percentage changes mentioned in yesterday's post appearing to be more of a 'census guidelines' effect, and cannot be completely attributed to actual numbers of minorities attending the school. (given the President of the university promised to break the law anyhow, should we be surprised?) The numbers as noted by Michigan solicitor general John Bursch, revealed the changes as expected from a 30 school study are not different than what the actual percentages showed.
And I did mention the self designation of Sonya Sotomayer. Her commentary should not really be of any great surprise, yet reveals that elections do indeed have consequence.
"It's always wonderful for minorities that they finally get in, they finally have children and now you're going to do away [with] that preference for them. It seems the game posts keep changing every few years for minorities."Unfortunately, that kind of swill will keep selling as long there are pigs in the trough.
Sadly, its being sold from the equivalent of sniper on a clock tower using a scope that reaches the entire country. We are all targets if a "wise Latina Woman" wishes it.
Read the entire piece.
By JGillman, Section News
The US Supreme Court - Michigan edition
Benjamin Post - Court Decision Leaves Questions on Michigan
The Conservative Canvas - The Supreme Court
The Conservative Perspective - Time Has Run out
The Minority Report - Windsor and Hollingsworth's Silver Lining
The Voice Of One Crying Out In Suburbia - If you want to dance with Caesar, remember that Caesar calls the tune
Strangely I feel there is a message in that last title worth considering.
By JGillman, Section News
Republican Progressive (RINO) Wayne Schmidt loves himself some Orwellian plans.
Originally mentioned here on RightMichigan, this issue has other aspectsd that need to be discussed. Demonstrating the jackboot mentality that infests the cranium of big government types, State Rep Wayne Schmidt R-104 along with Fred Durhal Jr., Thomas F. Stallworth III, Brian Banks, Michael D. McCready, Woodrow Stanley, Henry Yanez, Scott Dianda have decided they want to automate oppression with HB4763. Adding to the other ways in which those who implicitly trust that government will NEVER abuse its power of force, these legislators and the man who never met a government expansion he didn't like, explain it as empowering to local communities.
"local governments should be given control over whether they want to use this kind of technology in their communities."Yeah, but..
The constitution has something to say already with regards to this legislation.
What about this amendment to the motor vehicle code that is proposed in this poorly thought out power grab?:
(5) A complaint signed by a police officer shall be treated as made under oath if the violation alleged in the complaint is A civil offense described in section 752 and if the complaint contains the following statement immediately above the date and signature of the police officer:If you look to the text of the existing code, you will find it does not supplant the text that already makes the under oath claim requiring the police officer's presence, but adds to the powers granted to police for after-the-fact enforcement without ever witnessing the crime first hand."I declare under the penalties of perjury that the statements Above are true to the best of my information, knowledge, and belief.".
Its saying "to the best of my knowledge you are indeed guilty, unless you can prove otherwise", and allowing the same latitude that is currently only available with crimes that have occurred or were committed in the signing officer's presence.
Is that such a good idea?
(5 comments, 1406 words in story) Full Story
By JGillman, Section News
The question of whether or not to 'allow' marriage to persons who identify based on their activities is absurd.
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.
Continued below the fold ~
(1065 words in story) Full Story
By JGillman, Section News
The Benzie county sheriff Ted Schendel, received the Constitution Defender Award yesterday at the Benzie County Commission meeting drawing applause from the 50 or so present.
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.Mr Schendel upheld his oath.
This video provides a pretty good explanation WHY this Sheriff was chosen.
We thank him.
And the Benzie Sheriff is not alone.
(10 comments, 512 words in story) Full Story
Justice Diane Hathaway, who was scheduled to resign from the Michigan supreme court has been formerly charged with bank fraud in a Detroit federal court.
In related news, her progressive allies on other unnamed blog could care less what she did.
(11 comments) Comments >>
There is no shortage of opinion on the resignation of the Justice who was the replacement for a good man; Cliff Taylor.
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:
(4 comments) Comments >>
Hathaway is toast. She will resign effective the date of her response mandate.
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"The governor showed great sense in his selection of Brian Zahra upon the vacancy created by Corrigan's shift into the bureaucracy of human services.
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.
Jane Markey should occupy the seat vacated by the outgoing [disgraced] justice.
(3 comments) Comments >>
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