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See You in Court!
Author: BobR    Date: 06/01/2012 13:12:06

There are those moments in life when you hear of a law passed or an executive order issued that makes you think "that will never stand up in court". One hopes that the judges in court understand that these laws and orders are sometimes written by those with a poor understanding of law. They are often laws that curtail rights.

One recent edict that seems ripe for overturning (if it actually goes into effect) is NY's Mayor Bloomberg declaration that soda sizes larger than 16 oz will be banned. If ever there was a case to make about a "nanny state", this is it. Odd that it comes from a Republican, but both liberals and conservatives are united in knowing that this is overreach. It's one thing to advocate for healthier eating like Michelle Obama does, or even push for healthier food in schools, but to outright ban a drink size in the public sector? It's absurd, and one can fully expect that McDonalds et al will be taking the city of NY to court should this go into effect.

On the other end of the court process was the news that a federal appeals court has ruled that parts of DOMA are unconstitutional. This always seemed like a no-brainer to me - the federal government provides certain privileges to hetero married couples, but not to gay married couples. That is a direct violation of the equal protection clause. One other aspect of gay marriage not covered by the lawsuit is that all states recognize each other's hetero marriages, but some don't recognize other states gay marriages. That seems like a direct violation of the equal protection clause as well. It was explained to me last night by Official Blog Lawyer Shane-O that the reason DOMA wasn't unconstitutional when it was written was because there were no states at the time that had legalized gay marriage. It wasn't until a state made it legal that those marriages were not being granted equal protection. This case should make it to the SCOTUS, possibly by fall.

There are times when it seems that they go too far with their judgements (when Republicans disagree with them, they call them "activist judges". Liberals just call it a "bad decision"). The Citizens United ruling was one such case, where they took a narrow argument, and expanded it beyond the parameters of the case. That has resulted in the massive influx of money into campaigns via surrogates (Super PACs). Former SCOTUS justice John Paul Stevens railed against the ruling at a recent awards ceremony, saying that the court will HAVE to fix their own ruling:
“[In] due course it will be necessary for the Court to issue an opinion explicitly crafting an exception that will create a crack in the foundation of the Citizens United majority opinion,” he wrote. “For [Alito's] statement that it is ‘not true’ that foreign entities will be among the beneficiaries of Citizens United offers good reason to predict there will not be five votes for such a result when a case arises that requires the Court to address the issue in a full opinion.”

“I think it is likely that when the court begins to spell out which categories of non-voters should receive the same protections as the not-for-profit Citizens United advocacy group, it will not only exclude terrorist organizations and foreign agents, but also all corporations owned or controlled by non-citizens, and possibly even those in which non-citizens have a substantial interest,” he added. “Where that line will actually be drawn will depend on an exercise of judgment by the majority of members of the court, rather than on any proposition of law identified in the Citizens United majority opinion.”

It may have been the reality of the political finance world in which we live that gave some jurors pause in the John Edwards trial. He was acquitted on one charge, and a mistrial declared on the others. When you have billionaires propping up Republican presidential candidates, it seems almost quaint that someone passed some cash under the table to take care of a mistress. That isn't meant to get Edwards off the hook morally (and he knows it), but from a legal standpoint, the case was on shakey ground to begin with. For all the railing that Republicans do against "Chicago-style politics", they don't seem to have any problem trying to buy elections. It's this new reality that likely "bought" Edwards his freedom.

It will be interesting to see if the Supreme Court does like it did in Citizens United and expand the scope of their ruling about equal protection to include the inter-state marriage recognition problem along with the federal recognition problem. Perhaps at some point in the future, we'll see gay marriage legal and election funding tightened up. We might even be able to enjoy a 20 oz soft drink while doing so.
 

59 comments (Latest Comment: 06/02/2012 05:08:34 by livingonli)
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Comment by wickedpam on 06/01/2012 13:16:48
MOrning

Comment by Raine on 06/01/2012 13:30:27
good morning!

Really excellent summary of the goings on in our court systems, Bobber. I'm still waiting to see the outcome of the John Ensign debacle:
Between 2007 and 2008 Senator Ensign had an affair with Cynthia Hampton. The disclosure of these events led to investigations by the Federal Bureau of Investigation, the Federal Election Commission, and the Senate. In late April 2011, Ensign announced that he would resign his office as Senator on May 3. In May 2011 the Senate panel referred the case to the Department of Justice.


Comment by Mondobubba on 06/01/2012 13:46:08
Oh everybody knows Bloomberg is a RINO. He's a damn crypto-Dem pushing the nanny state down our throats! :foams at mouth:

Comment by Raine on 06/01/2012 13:48:56
So WRT this months sour jobs report, I want to say I am so happy that congress is spending time trying to pass more abortion bills.



Comment by Mondobubba on 06/01/2012 13:54:14
Quote by Raine:
So WRT this months sour jobs report, I want to say I am so happy that congress is spending time trying to pass more abortion bills.




Because ya know you can't have too many of those. You dames need to be told what's good for you and all.

Comment by BobR on 06/01/2012 14:05:57
Comment by BobR on 06/01/2012 14:07:17
Comment by Mondobubba on 06/01/2012 14:12:33



I'm sure it have something to do with the current zombie outbreak. Who really know what they are at Los Alamos these days. :tinfoil:

Comment by Mondobubba on 06/01/2012 14:17:40
Thank you playing grasping at straws, you consipracy theory asshat! Yes, everybody who works for the CIA is in the clandestine branch! How about this for a reason based rationality, the woman has deep experience in the declassification process. Jesus I hate the JFK conspiracy horseshite. OSWALD, ACTING ALONE KILLED THE MAN. If any one crosses me on this they will be punched in the privates!

Comment by wickedpam on 06/01/2012 14:17:45
Comment by Mondobubba on 06/01/2012 14:36:58
Bobber, if I can find a zombie emcoticon, would you be able to add it to the current set of them?

Comment by BobR on 06/01/2012 14:42:05
Quote by Mondobubba:
Bobber, if I can find a zombie emcoticon, would you be able to add it to the current set of them?

of course! I would consider this to be a zombie kill shot

Comment by BobR on 06/01/2012 14:45:32
Quote by Mondobubba:
Thank you playing grasping at straws, you consipracy theory asshat! Yes, everybody who works for the CIA is in the clandestine branch! How about this for a reason based rationality, the woman has deep experience in the declassification process. Jesus I hate the JFK conspiracy horseshite. OSWALD, ACTING ALONE KILLED THE MAN. If any one crosses me on this they will be punched in the privates!

If there are spooks involved that are still alive, I can see them not releasing documents to ensure their safety. I would assume that's the case, to protect our agents and their connections/informants.


Comment by Mondobubba on 06/01/2012 14:45:46
Quote by BobR:
Quote by Mondobubba:
Bobber, if I can find a zombie emcoticon, would you be able to add it to the current set of them?

of course! I would consider this to be a zombie kill shot



I will see what I do about a shambling zombie.

Comment by Mondobubba on 06/01/2012 14:46:32
Quote by BobR:
Quote by Mondobubba:
Thank you playing grasping at straws, you consipracy theory asshat! Yes, everybody who works for the CIA is in the clandestine branch! How about this for a reason based rationality, the woman has deep experience in the declassification process. Jesus I hate the JFK conspiracy horseshite. OSWALD, ACTING ALONE KILLED THE MAN. If any one crosses me on this they will be punched in the privates!

If there are spooks involved that are still alive, I can see them not releasing documents to ensure their safety. I would assume that's the case, to protect our agents and their connections/informants.



Ice down that groin strech there Bobber. That will give a good target too.

Comment by Mondobubba on 06/01/2012 14:49:05
Quote by BobR:
Quote by Mondobubba:
Thank you playing grasping at straws, you consipracy theory asshat! Yes, everybody who works for the CIA is in the clandestine branch! How about this for a reason based rationality, the woman has deep experience in the declassification process. Jesus I hate the JFK conspiracy horseshite. OSWALD, ACTING ALONE KILLED THE MAN. If any one crosses me on this they will be punched in the privates!

If there are spooks involved that are still alive, I can see them not releasing documents to ensure their safety. I would assume that's the case, to protect our agents and their connections/informants.



Since the CIA wasn't involved, doubtful.

Comment by BobR on 06/01/2012 14:49:33
Quote by Mondobubba:
Quote by BobR:
Quote by Mondobubba:
Thank you playing grasping at straws, you consipracy theory asshat! Yes, everybody who works for the CIA is in the clandestine branch! How about this for a reason based rationality, the woman has deep experience in the declassification process. Jesus I hate the JFK conspiracy horseshite. OSWALD, ACTING ALONE KILLED THE MAN. If any one crosses me on this they will be punched in the privates!

If there are spooks involved that are still alive, I can see them not releasing documents to ensure their safety. I would assume that's the case, to protect our agents and their connections/informants.

Ice down that groin strech there Bobber. That will give a good target too.

I was not implying a conspiracy, champ.

Comment by Mondobubba on 06/01/2012 14:49:37
Please don't cite JFK as a source.

Comment by Mondobubba on 06/01/2012 14:53:59
Quote by BobR:
Quote by Mondobubba:
Quote by BobR:
Quote by Mondobubba:
Thank you playing grasping at straws, you consipracy theory asshat! Yes, everybody who works for the CIA is in the clandestine branch! How about this for a reason based rationality, the woman has deep experience in the declassification process. Jesus I hate the JFK conspiracy horseshite. OSWALD, ACTING ALONE KILLED THE MAN. If any one crosses me on this they will be punched in the privates!

If there are spooks involved that are still alive, I can see them not releasing documents to ensure their safety. I would assume that's the case, to protect our agents and their connections/informants.

Ice down that groin strech there Bobber. That will give a good target too.

I was not implying a conspiracy, champ.



Sounded like you were, Sir.

Comment by wickedpam on 06/01/2012 14:55:56
so purging the voter rolls is like a dui check point? ummm, I don't even agree with those check points

Comment by Mondobubba on 06/01/2012 15:13:56
Quote by wickedpam:
so purging the voter rolls is like a dui check point? ummm, I don't even agree with those check points


Tha't sounds like something my governor would have said.

Comment by wickedpam on 06/01/2012 15:16:40
Quote by Mondobubba:
Quote by wickedpam:
so purging the voter rolls is like a dui check point? ummm, I don't even agree with those check points


Tha't sounds like something my governor would have said.


it came from someone in the FL state government I believe


Comment by Raine on 06/01/2012 15:35:01
Quote by wickedpam:
Quote by Mondobubba:
Quote by wickedpam:
so purging the voter rolls is like a dui check point? ummm, I don't even agree with those check points


Tha't sounds like something my governor would have said.


it came from someone in the FL state government I believe

It was the Florida GOP Chairperson.

Comment by Mondobubba on 06/01/2012 15:53:27
Quote by Raine:
Quote by wickedpam:
Quote by Mondobubba:
Quote by wickedpam:
so purging the voter rolls is like a dui check point? ummm, I don't even agree with those check points


Tha't sounds like something my governor would have said.


it came from someone in the FL state government I believe

It was the Florida GOP Chairperson.



Close enough. Pretty much anybody in the power structure in the Florida GOP is some flavor of asshat.

Comment by livingonli on 06/01/2012 16:24:09
Good day, everyone. If you want to catch it, Pap is filling in for Ed Schultz today since I believe he is heading off to Wisconsin for the recall.

Comment by Scoopster on 06/01/2012 17:49:35
oh man..

My boss just offered to pay my reg fee for NN12 AND give me next Thurs & Fri off so I can attend.

I'm like.. floored right now.

Comment by wickedpam on 06/01/2012 18:01:25
Quote by Scoopster:
oh man..

My boss just offered to pay my reg fee for NN12 AND give me next Thurs & Fri off so I can attend.

I'm like.. floored right now.



That's cool! You have a very nice boss!

Comment by livingonli on 06/01/2012 18:07:30
I'll be doing next weekend what I do almost every weekend: working.

Comment by Scoopster on 06/01/2012 18:11:57
Quote by wickedpam:
Quote by Scoopster:
oh man..

My boss just offered to pay my reg fee for NN12 AND give me next Thurs & Fri off so I can attend.

I'm like.. floored right now.

That's cool! You have a very nice boss!

There's a small snag tho - I knew I couldn't afford it on my own, so I made plans to visit a couple friends out of state next weekend.

ARGH I hate breaking dates!

Comment by Mondobubba on 06/01/2012 18:13:33
Quote by Scoopster:
oh man..

My boss just offered to pay my reg fee for NN12 AND give me next Thurs & Fri off so I can attend.

I'm like.. floored right now.



That is pretty awesome, dude.

Comment by Scoopster on 06/01/2012 18:22:28
Schedule of events: http://www.netrootsnation.org/nn12/?page_number=1

There's so much to do it's like boot camp for activists!

Comment by wickedpam on 06/01/2012 18:25:56
Quote by Scoopster:
Quote by wickedpam:
Quote by Scoopster:
oh man..

My boss just offered to pay my reg fee for NN12 AND give me next Thurs & Fri off so I can attend.

I'm like.. floored right now.

That's cool! You have a very nice boss!

There's a small snag tho - I knew I couldn't afford it on my own, so I made plans to visit a couple friends out of state next weekend.

ARGH I hate breaking dates!


I think your friends would understand for something like this


Comment by wickedpam on 06/01/2012 18:26:18
DC Peeps - entire area under a Tornado Watch according to News 9

Comment by Scoopster on 06/01/2012 18:29:37
Quote by wickedpam:
Quote by Scoopster:
Quote by wickedpam:
Quote by Scoopster:
oh man..

My boss just offered to pay my reg fee for NN12 AND give me next Thurs & Fri off so I can attend.

I'm like.. floored right now.

That's cool! You have a very nice boss!

There's a small snag tho - I knew I couldn't afford it on my own, so I made plans to visit a couple friends out of state next weekend.

ARGH I hate breaking dates!

I think your friends would understand for something like this

Knowing the way I am, they might.. they're both mild conservatives!

Comment by Raine on 06/01/2012 18:42:48
Quote by Scoopster:
Quote by wickedpam:
Quote by Scoopster:
Quote by wickedpam:
Quote by Scoopster:
oh man..

My boss just offered to pay my reg fee for NN12 AND give me next Thurs & Fri off so I can attend.

I'm like.. floored right now.

That's cool! You have a very nice boss!

There's a small snag tho - I knew I couldn't afford it on my own, so I made plans to visit a couple friends out of state next weekend.

ARGH I hate breaking dates!

I think your friends would understand for something like this

Knowing the way I am, they might.. they're both mild conservatives!

I think they'd understand!

VERY COOL!

Comment by Raine on 06/01/2012 18:45:09
Quote by wickedpam:
DC Peeps - entire area under a Tornado Watch according to News 9
Listened to WTOP on the way home-- looks like right now it is heading north of DC. It is getting scary out there.


Comment by Raine on 06/01/2012 18:50:03
WTF?
@AP: CORRECTION - Judge revokes Zimmerman's bond; gives him 48 hours to surrender in Trayvon Martin killing


Comment by wickedpam on 06/01/2012 18:56:07
Quote by Raine:
Quote by wickedpam:
DC Peeps - entire area under a Tornado Watch according to News 9
Listened to WTOP on the way home-- looks like right now it is heading north of DC. It is getting scary out there.



Channel 9 just posted a pix on FB what looks like a funnel cloud in Sterling - this is gonna be an ugly night

Comment by wickedpam on 06/01/2012 18:56:48
Quote by Raine:
WTF?
@AP: CORRECTION - Judge revokes Zimmerman's bond; gives him 48 hours to surrender in Trayvon Martin killing



WTF indeed - what's happened?

Comment by wickedpam on 06/01/2012 19:01:14
Holy crap! Zimmerman had a secret passport he didn't tell the judge about!

Comment by BobR on 06/01/2012 19:03:32
Quote by Scoopster:
Schedule of events: http://www.netrootsnation.org/nn12/?page_number=1

There's so much to do it's like boot camp for activists!

Shane-O and Dani (LeftNeckChick) will be there!

Comment by Raine on 06/01/2012 19:03:49
Quote by wickedpam:
Holy crap! Zimmerman had a secret passport he didn't tell the judge about!
Bobber just gave me this link
In recordings of conversations released today during a court hearing, Zimmerman and his wife cryptically talk about his second passport in a safety deposit box they shared.

Although one of his passports was due to expire in May, prosecutors said today, Zimmerman applied for a second passport, informing the State Department that the original had been lost lost or stolen.

In some of the phone calls between the two, she is at a credit union that was linked to his PayPal account and speaking to a teller. The prosecution said that she was "intimately involved in the deposit and transfer of funds and money into various accounts."



Comment by wickedpam on 06/01/2012 19:06:34
Quote by Raine:
Quote by wickedpam:
Holy crap! Zimmerman had a secret passport he didn't tell the judge about!
Bobber just gave me this link
In recordings of conversations released today during a court hearing, Zimmerman and his wife cryptically talk about his second passport in a safety deposit box they shared.

Although one of his passports was due to expire in May, prosecutors said today, Zimmerman applied for a second passport, informing the State Department that the original had been lost lost or stolen.

In some of the phone calls between the two, she is at a credit union that was linked to his PayPal account and speaking to a teller. The prosecution said that she was "intimately involved in the deposit and transfer of funds and money into various accounts."



this guy is so sketchy


Comment by Raine on 06/01/2012 19:14:56
I hope that Zimmerman hasn't already fled the country.

Comment by Scoopster on 06/01/2012 19:29:23
Quote by BobR:
Quote by Scoopster:
Schedule of events: http://www.netrootsnation.org/nn12/?page_number=1

There's so much to do it's like boot camp for activists!

Shane-O and Dani (LeftNeckChick) will be there!

Cool beanos!! Will definitely need to meet up with 'em!

Comment by livingonli on 06/01/2012 19:30:06
Quote by Raine:
I hope that Zimmerman hasn't already fled the country.

Apparently they also lied about the amount of money he had when the bond was set. I wonder if the plan was to flee the country before it was found out. I guess he'll go hide out with those nazis who were funding his defense campaign.

Comment by wickedpam on 06/01/2012 19:33:17
Quote by livingonli:
Quote by Raine:
I hope that Zimmerman hasn't already fled the country.

Apparently they also lied about the amount of money he had when the bond was set. I wonder if the plan was to flee the country before it was found out. I guess he'll go hide out with those nazis who were funding his defense campaign.



He's lied about so many things at this point, its no wonder the judge revoked his bond

Comment by Will in Chicago on 06/01/2012 19:53:31
Hi, bloggers!! How are you?

BobR, are legal system is confusing. I honestly think that future generations will look at our era and wonder about how supposedly rational people reached decisions like Citizens United.

Comment by Raine on 06/01/2012 19:55:29
http://i11.photobucket.com/albums/a168/ichingcarpenter/6a00d8341bf82953ef01630603ac1c970d.jpg