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The Ball is in Our Court
Author: BobR    Date: 06/22/2011 12:33:23

When the U.S. Constitution was crafted, the architects of our democratic republic envisioned a 3-legged stool, one that would not wobble despite one leg being shorter or longer than the others. With three branches, there would be checks and balances, and the Supreme Court would be the final arbiter of law. When we speak of redress of grievances, the court is the petitioner's last best hope. It is not meant to be a partisan institution. Unfortunately, it can still be an ideological one, depending on its members.

Those ideologies often reflect of the president who appointed them. The current court has 5 judges appointed by Republicans and 4 by Democrats. As such, the court often rules in favor of conservative ideology, often to the benefit of business and to the detriment of the individual.

The most recent case illustrating this was the Wal-Mart sex-bias class action lawsuit. The court split along "party" lines, giving Wal-Mart the win. The rationale was that the "class" was too big. The reality is that the size of the class shows the depth of the problem, the entrenched "boys club" mentality of management at Wal-Mart. The problem is that these are not a set of individual cases of discrimination, and the conservative wing of the court failed to recognize that.

Along similar lines, the court has also decided that corporations have free speech rights in that money can do the speaking for them. This of course is the infamous "Citizens United" case. Since the law that was overturned was deemed unconstitutional, it will likely take a constitutional amendment to correct this.

The court has also decided that the standard of "if you cannot afford an attorney, one will be provided..." does not apply if you are jailed for failing to pay child support:
The US Supreme Court ruled Monday that states did not have an automatic duty to provide counsel in civil courts in the case of a divorced father who was jailed for failing to pay child support.

By a majority 5-4 vote, the justices found that while the South Carolina father's rights had been violated because he was not given free counsel, US states did not have to provide such advice in all civil contempt cases.

The case was being highly watched and had become emblematic of what civil rights groups have called a trend towards "debtors' prisons" in America.

All of this goes to show that elections matter. In some cases, judges are elected to lower courts. For higher courts, they are appointed by elected officials. In both cases, it's important to elect people that care about the rights of the individual over what's best for Big Business. Last week, the state Supreme Court of Wisconsin upheld the anti-union law. One of the judges that voted in the majority squeaked in under suspicious circumstances. The state court of Indiana will likely be getting involved with a new law banning Medicaid from being used to fund Planned Parenthood.

Both of those cases show the importance of electing good people to the judgeships on a local level. How often, though, do we as voters randomly pick candidates in the voting booth (or not pick any)? It's important to do the research ahead of time and know the history of the people that will end up on the bench.

For the Supreme Court, this is especially important. The person occupying the Oval Office is the one who picks the Supreme Court nominees. They are rarely rejected or withdrawn, which is why it is so important who gets elected president. While many on the left may be disillusioned or disgusted with some of President Obama's actions (or lack of action), he has chosen wisely with his two picks thus far for the Supreme Court. It is imperative that he remain in office for a second term, in case another vacancy appears on the court (especially one of the more liberal judges). Considering that Ruth Bader Ginsburg is 78, she could retire at any time. The court will remain after Obama leaves office; in that respect, his picks for the court will have a greater impact on life in these United States than any other action he takes as the head of the Executive Branch.

There is also the possibility that a conservative judge could step down, which would leave open the possibility of swinging the court the other direction. There is a distinct possibility that Clarence Thomas might be forced out, if the media and our elected officials are encouraged to bring light to his unethical behavior.

This requires that we as concerned citizens hold the feet of our elected officials and the media to the fire, and demand that action be taken. It requires us to support President Obama, research judges on our local ballots, and show up on election day. This is OUR government and OUR courts. If we don't tend to them, someone else will.
 

54 comments (Latest Comment: 06/23/2011 06:00:18 by Scoopster)
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Comment by wickedpam on 06/22/2011 12:49:27
Morning

Its not just the supreme court that matters its the lower courts too. And how many federal judges have gotten the nom and they are being held up?

Comment by Raine on 06/22/2011 12:54:11
{amen}

And good morning!

Comment by TriSec on 06/22/2011 12:55:34
Morning, comrades!

Remember our Soviet comrades-in-arms today....70th anniversary of Operation Barbarossa. (22 June 1941)

BBC 'Witness' had an interview with a now 90-year-old Soviet infantryman that survived the initial assault...the account was electrifying. Worth listening to, if you can find the podcast.



Comment by Raine on 06/22/2011 13:08:16
Congratulations to Hal Sparks!

Comment by wickedpam on 06/22/2011 13:11:50
Quote by Raine:
Congratulations to Hal Sparks!



I second that


Comment by TriSec on 06/22/2011 13:15:24
Oh, what did Hal win?



Comment by wickedpam on 06/22/2011 13:17:11
Quote by TriSec:
Oh, what did Hal win?




A brand new baby

Comment by TriSec on 06/22/2011 13:26:00
Ah, an interesting prize.





Comment by BobR on 06/22/2011 13:30:41
Quote by wickedpam:
Quote by TriSec:
Oh, what did Hal win?



A brand new baby

I didn't even know he was pregnant!

Comment by Scoopster on 06/22/2011 13:36:04
Mornin' all! Man I feel goooood today! In fact, I'm feeling quite free & breezy! Nono not like that..

Excellent bloggie today Raine. I really feel like the pressure is finally starting to mount big time on Thomas, and also on another stubborn festering scumbag - David Vitter.

Comment by wickedpam on 06/22/2011 13:38:19
Quote by BobR:
Quote by wickedpam:
Quote by TriSec:
Oh, what did Hal win?



A brand new baby

I didn't even know he was pregnant!




Comment by Raine on 06/22/2011 13:48:42
Quote by Scoopster:
Mornin' all! Man I feel goooood today! In fact, I'm feeling quite free & breezy! Nono not like that..

Excellent bloggie today Bob. I really feel like the pressure is finally starting to mount big time on Thomas, and also on another stubborn festering scumbag - David Vitter.
Speaking of Vitter, did you see this?

A conservative Christian group sent Louisiana Senator David Vitter, who in 2007 confessed to using the services of a high-profile prostitution ring, a letter Monday calling on him to follow former New York Rep. Anthony Weiner's lead and resign.

--snip--

Unlike Weiner, Vitter, who admitted to "serious sin" in 2007 after his number was disclosed by the alleged prostitution ring "D.C. Madam," never faced the same pressure from fellow Republicans to resign following his scandal.

In the letter, Joe Glover, the president of the Family Policy Network, based in Forest, Va., said Republicans are "committing outright hypocrisy" as long as Vitter stays in office, the New Orleans Times-Picayune reported.



Comment by Scoopster on 06/22/2011 14:06:27
Quote by Raine:
Quote by Scoopster:
Mornin' all! Man I feel goooood today! In fact, I'm feeling quite free & breezy! Nono not like that..

Excellent bloggie today Bob. I really feel like the pressure is finally starting to mount big time on Thomas, and also on another stubborn festering scumbag - David Vitter.
Speaking of Vitter, did you see this?

A conservative Christian group sent Louisiana Senator David Vitter, who in 2007 confessed to using the services of a high-profile prostitution ring, a letter Monday calling on him to follow former New York Rep. Anthony Weiner's lead and resign.

--snip--

Unlike Weiner, Vitter, who admitted to "serious sin" in 2007 after his number was disclosed by the alleged prostitution ring "D.C. Madam," never faced the same pressure from fellow Republicans to resign following his scandal.

In the letter, Joe Glover, the president of the Family Policy Network, based in Forest, Va., said Republicans are "committing outright hypocrisy" as long as Vitter stays in office, the New Orleans Times-Picayune reported.

Heh yeah.. seeing that made me break out a big ol' grin.

Comment by Scoopster on 06/22/2011 14:06:58
Comment by Raine on 06/22/2011 14:30:16

I had a great time working with Kasie Hunt on this story about Jon Huntsman's lost years, when he dropped out of high school to seek glory with a progressive rock band called Wizard, where Huntsman (top right) was known for his solos on REO Speedwagon covers.

One note: His friend and Wizard's former drummer, Howard Sharp, only shared this wonderful photo with me after asking Huntsman's personal permission, which was quickly given.
From Politico Check out the picture!

Comment by Raine on 06/22/2011 14:31:51
http://images.politico.com/global/news/110403_jon_huntsman_rock_band_ap_328.jpg


Comment by wickedpam on 06/22/2011 14:38:30
and still he's looks boring

Comment by Raine on 06/22/2011 14:47:38
Yuck. Just Yuck.
It was a twist that even "Lost" fans probably didn't see coming.

Actor Doug Hutchison, 51, announced that he has married his 16-year-old girlfriend, Courtney Alexis Stodden.

According to a notice on his website, Hutchison has been enjoying wedded bliss with the aspiring country singer for a few weeks.


Comment by wickedpam on 06/22/2011 14:53:27
Quote by Raine:
Yuck. Just Yuck.
It was a twist that even "Lost" fans probably didn't see coming.

Actor Doug Hutchison, 51, announced that he has married his 16-year-old girlfriend, Courtney Alexis Stodden.

According to a notice on his website, Hutchison has been enjoying wedded bliss with the aspiring country singer for a few weeks.



ick - I don't even remember this guy from Lost

Comment by Raine on 06/22/2011 14:56:37
Quote by wickedpam:
Quote by Raine:
Yuck. Just Yuck.
It was a twist that even "Lost" fans probably didn't see coming.

Actor Doug Hutchison, 51, announced that he has married his 16-year-old girlfriend, Courtney Alexis Stodden.

According to a notice on his website, Hutchison has been enjoying wedded bliss with the aspiring country singer for a few weeks.



ick - I don't even remember this guy from Lost

http://3.bp.blogspot.com/-TavyBuXGB8Q/TgD7FdYnRfI/AAAAAAAAX20/eg0dwo0wiCQ/s320/0.jpg


Comment by wickedpam on 06/22/2011 14:59:12
OOOHHHH him - always thought that character was kinda skevey guess it was bleed through from the actor

Comment by Raine on 06/22/2011 15:19:05
the look on Michelle's face is priceless..

Comment by wickedpam on 06/22/2011 15:31:07
that's too cute

Comment by Raine on 06/22/2011 15:40:32
Not for nothing, but Congress could defund the war ...

Comment by Raine on 06/22/2011 15:42:03
10k Troops is just not enough, on this I am very disappointed in Obama.

Comment by Raine on 06/22/2011 15:44:52
Comment by Raine on 06/22/2011 15:52:27
Wizard needs a riff from the movie Rock Star....

Comment by Raine on 06/22/2011 15:55:27
John Huntsman is to Wizard as Charlie Sheen is to Tiger Blood.

Comment by Raine on 06/22/2011 16:01:28
Comment by trojanrabbit on 06/22/2011 16:01:40


Wouldn't he still be reading the list?


Comment by Scoopster on 06/22/2011 16:05:22

Aw cmon now this is just stretching it. I'm not even gonna repost that link.

Comment by livingonli on 06/22/2011 16:21:54
Hi folks. Busy day ahead for me and it already started late. I'll be in and out this afternoon but at least I can relax tonight.

Comment by Raine on 06/22/2011 16:30:03
Quote by Scoopster:

Aw cmon now this is just stretching it. I'm not even gonna repost that link.
Sorry to disappoint, Scoop. The media is starting to make a deal about it...



Comment by BobR on 06/22/2011 16:31:29

Actually, Politifact didn't dispute that FAUX News lies, they disputed that their viewers were misinformed. They used polls/quizzes to determine what people know, and used that as a basis for whether or not they were misinformed. FAUX News viewers got about "average" on that test.

Of course - the questions they used as a basis were not the types of things the FAUX lies about, so it seems to be apples and oranges.


Comment by Raine on 06/22/2011 17:48:22
Now I know we were busy with the party and stuff, but this is SSTILL the first time I heard about this.

Obama issues Dream Act by executive order…press ignores



Comment by TriSec on 06/22/2011 18:20:07
Alright gang, the Waltham City Clerk's office just called...I'm in!!

I have no idea what show it is, but I'm actually going to be on tonight (competing with Raine?) at 7pm with the asymmetrically-necked Chick.



Comment by BobR on 06/22/2011 18:41:14
Quote by TriSec:
Alright gang, the Waltham City Clerk's office just called...I'm in!!

I have no idea what show it is, but I'm actually going to be on tonight (competing with Raine?) at 7pm with the asymmetrically-necked Chick.




Comment by BobR on 06/22/2011 18:44:17
Quote by BobR:
Quote by TriSec:
Alright gang, the Waltham City Clerk's office just called...I'm in!!

I have no idea what show it is, but I'm actually going to be on tonight (competing with Raine?) at 7pm with the asymmetrically-necked Chick.



or as the french would say: the gauche-necked chick

Comment by Raine on 06/22/2011 18:48:28
Quote by BobR:
Quote by BobR:
Quote by TriSec:
Alright gang, the Waltham City Clerk's office just called...I'm in!!

I have no idea what show it is, but I'm actually going to be on tonight (competing with Raine?) at 7pm with the asymmetrically-necked Chick.



or as the french would say: the gauche-necked chick
COMPETING? naw. WE will be listening in tonite! can't wait!

Comment by Raine on 06/22/2011 18:49:44
Tonite is Left in Dixie with the left neck Chick, Danielle.

Comment by Raine on 06/22/2011 18:59:22
This is a really good read. I have to wonder if the BBC fact checked any of this story.

Comment by TriSec on 06/22/2011 19:13:02
OK folks.

Run, don't walk to WHYY (Philadelphia) and download yesterday's "Fresh Air".

Terry Gross interviewed one Ms. Jessica Dell (USMC-retired) about her stint in the Mortuary Affairs division in Iraq, circa 2004.

Not an easy listen by any means, but something you must listen to nonetheless.



Comment by Raine on 06/22/2011 19:16:32
I friggin' new yahk
Urge City Hall to protect funding for the Bronx Zoo and New York Aquarium

When lawmakers proposed slashing funding for New York's most beloved zoo and aquarium, we knew it meant cuts to vital programs and suffering for local businesses.

But we didn't expect the animals to take it so hard.

In all seriousness, the city's proposal to cut Bronx Zoo and New York Aquarium funding by more than 50 percent could force layoffs and program cuts as well as hurt local merchants and small businesses in New York.

On behalf of the animals and the people, send a message to City Hall today!

Comment by Raine on 06/22/2011 19:48:02
Barack Obama is set to reject the advice of the Pentagon by announcing on Wednesday night the withdrawal of up to 30,000 troops from Afghanistan by November next year, in time for the US presidential election.

The move comes despite warnings from his military commanders that recent security gains are fragile. They have been urging him to keep troop numbers high until 2013.
All day long I have been hearing that it was supposed to be 10k. All day long I have been hoping this isn;t true.

I will wait for the address tonite, but this is hopeful.

Comment by trojanrabbit on 06/22/2011 20:32:32
Looks like Sarah has quit something else halfway through.

OK, I think it's fixed. Damn IE



Comment by BobR on 06/22/2011 20:35:42
Quote by trojanrabbit:
Looks like Sarah has quit something else halfway through.

I know there's nothing here yet, for some reason IE just crapped on me.


She doesn't even finish her sentences before starting another

Comment by trojanrabbit on 06/22/2011 20:50:35
Some of the comments here are priceless.

Comment by Raine on 06/22/2011 21:30:38
Quote by BobR:
Quote by trojanrabbit:
Looks like Sarah has quit something else halfway through.

I know there's nothing here yet, for some reason IE just crapped on me.


She doesn't even finish her sentences before starting another



Comment by Raine on 06/22/2011 21:36:37
Quote by Raine:
Quote by BobR:
Quote by trojanrabbit:
Looks like Sarah has quit something else halfway through.

I know there's nothing here yet, for some reason IE just crapped on me.


She doesn't even finish her sentences before starting another

Guys... I got some nooz:
@SarahPalinUSA
I did? Hmm, glad I have media to let me know my plans. They never cease to amaze MT "@foxheadlines Palin Ends Bus Tour http://fxn.ws/ip0mgb"
Did Sarah just toss Fox into the category of Lamestream media?

She is so friggin thin skinned -- what a whimp. A snotty nasty whimp.




Comment by clintster on 06/22/2011 23:25:50
Quote by Raine:
Quote by Raine:
Quote by BobR:
Quote by trojanrabbit:
Looks like Sarah has quit something else halfway through.

I know there's nothing here yet, for some reason IE just crapped on me.


She doesn't even finish her sentences before starting another

Guys... I got some nooz:
@SarahPalinUSA
I did? Hmm, glad I have media to let me know my plans. They never cease to amaze MT "@foxheadlines Palin Ends Bus Tour http://fxn.ws/ip0mgb"
Did Sarah just toss Fox into the category of Lamestream media?

She is so friggin thin skinned -- what a whimp. A snotty nasty whimp.




So I guess she threw Fox News under the b