Are you Smarter than a Federal Judge? You might be surprised at the answer...

Joined
May 18, 2002
Posts
36,253
... yup. More than likely you! Check this out:
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Earlier today, I made a comment that it never ceases to amaze me that school districts continue to misunderstand (or ignore) clear Constitutional prohibitions on forced observance of religious and or patriotic rituals, such as prayer in public schools where funding is through tax dollars, or standing, saluting, or otherwise making some sort of ritualized demonstration in support or recognition of such things as flags, national anthems, and so on.

This is well-trampled ground by now, but there is no shortage of stupid people in this world who somehow think that the government can force speech or expressive conduct. Draft card burning, flag burning, tee shirts that say “Fuck the Draft,” etc., no matter how pleasing or repugnant they may seem to people, simply cannot be prohibited based on the content of the message.

Unfortunately, this stupidity, long a major feature of the Executive Branch and Legislative Branch of the United States and of many of the Several States, has now jumped into the Judicial Branch.

The Catholic Church (one of my least favorite institutions in the world) issued an opinion to its faithful telling them that homosexuality is contrary to the teaching of the Church and opposing the adoption of children by homosexuals.

Rather than turning the other cheek, Board of Supervisors the City and County of San Francisco issued an official proclamation condemning the Holy Roman Catholic Church and The Vatican.

On one hand, the Church is allowed to say anything it wants to anybody it wants to, because it is a Church. It has the same freedom of speech as an individual does, but it also has additional protections found in the Free Exercise and Establishment Clauses of the same First Amendment to the United States Constitution.

On the other hand, folks who feed at the public trough, such the public teat (governmental agencies) are not allowed to disparage religion or any specific religion. They do not have any protections under the Constitution because, as I have said here time and time again, the so-called Bill of Rights (first ten amendments to the Constitution) are so much a list of “rights” held by the States and the People, but a list of “restrictions” placed on government and all of its subdivisions, agencies, offices, etc.

So anyway, a group of Catholics filed a lawsuit challenging the right of the City and County of San Francisco to condemn the Holy Roman Catholic Church overseas and in San Francisco.

A District Court Judge threw out the lawsuit, basing his opinion on the claim that the Vatican started it. What a great legal mind at work. That logic didn’t save your ass in middle school, so it sure as hell has no place in Federal Court! The case is on appeal to the Ninth Circuit, so probably won’t pay much attention to is and let the District Court Judge’s ruling stand. Without a doubt, however, if that were to happen, the United States Supreme Court will grant certiorari, hear the case, and reverse the Ninth Circuit and let the lawsuit continue on it merits.

Shit. How do you get one of these life-appointment jobs anyway? Certainly common sense and an understanding of the law aren’t as important as who you know.

Think of the tax dollars wasted to find out that the Supreme Court will tell you the same thing some skinny bitch in L.A. could have told you for free.

Anyway, here are the links to the San Francisco Resolution and the Lawsuit:


http://www.thomasmore.org/downloads/sb_thomasmore/CityofSanFrancisco-Resolution.pdf


http://www.thomasmore.org/downloads/sb_thomasmore/SanFrancisco-CatholicLeagueComplaint.pdf


I'm Karen Kraft and I don't approve of shit!
 
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Shit. How do you get one of these life-appointment jobs anyway? Certainly common sense and an understanding of the law aren’t as important as who you know.
Aren't most of the appointments made by politicians (usually the President)? If so, how you get the job is to kiss some major booty - or preferably lick I suppose.

I basically agree with your sentiments. It never ceases to amaze me that the one group of people who are supposed to really understand the philosophy behind the Constitution - because they have to rule on whether an action or law is constitutional or not - just *don't get it*.

I often lament that politicians *don't get it* even though many of them are lawyers and have sworn to uphold the Constitution, but it really isn't surprising that their mind (and heart and soul) is elsewhere - i.e., the acquisition of power and staying in office. But judges? This is their one and only role; to make decisions on matters of law - you would think *they* would understand the basics - but nooooooooo. That apparently is too much to ask. :rolleyes:
 
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Unfortunately, this stupidity, long a major feature of the Executive Branch and Legislative Branch of the United States and of many of the Several States, has now jumped into the Judicial Branch.
There's your answer. Executive stupidity appoints Judicial stupidity.
 
Aren't most of the appointments made by politicians (usually the President)? If so, how you get the job is to kiss some major booty - or preferably lick I suppose.

I basically agree with your sentiments. It never ceases to amaze me that the one group of people who are supposed to really understand the philosophy behind the Constitution - because they have to rule on whether an action or law is constitutional or not - just *don't get it*.

I often lament that politicians *don't get it* even though many of them are lawyers and have sworn to uphold the Constitution, but it really isn't surprising that their mind (and heart and soul) is elsewhere - i.e., the acquisition of power and staying in office. But judges? This is their one and only role; to make decisions on matters of law - you would think *they* would understand the basics - but nooooooooo. That apparently is too much to ask. :rolleyes:

Yup. That's about how it often seems.

Sure, there are scholars amongst them, but there's little excuse for this type of waste of taxpayers' dollars.
 
stupid decision, but I can't really get mad at them for this.

I love it when there is a new and fresh challenge to the Constitution, or when somebody tried to apply a provision in an unusual way -- to extend individual freedoms, for example.

But to drag the taxpayers over the same old turf again and again is really a waste of money. For me, the issue is not whether gay couples should or should not be allowed to adopt kids. I see no reason why otherwise deserving and qualified couples or individuals should be excluded from that process merely because of their sexual orientation or lifestyle. But that's because I don't see homosexuality as a learned trait. I could care less what the Church tells its faithful, so long as their edicts don't violate the law which, obviously, the current one on this topic does not.

It just pisses me off when the State decides to interfere with the relationship between priest and parishioner. The Board of Supervisors of the City and County of San Francisco is a subdivision of the State of California and as such, it speaks for all Californians through the use of our tax dollars. This gross violation of the U.S. Constitution (and the California Constitution) is useless and wasteful politicizing of a matter over which that body has absolutely no say whatsoever.

If you live in the United States and pay taxes here, you will be paying for this crap to wind its way all the way up to the United States Supreme Court merely to face a 9-0 reversal. It is as though Mississippi decided not to allow Blacks or Jews the right to vote – gee, I wonder how that will turn out? Let’s spend millions and find out!

They are merely flamboyantly flaunting their snarky bullshit, with such OFFICIAL comments as:

“…capacity as head of the Congregation of the Doctrine of the Faithful (formerly known as Holy Office of the Inquisition)….”

It is not the duty of the State to pass judgment on religion or any particular religion. It is the right of religions to opine on the State to its own faithful in any way it likes, within the law.
 
I dunno nuthin;)

But

For someone as HOTTTT and SEXXXY

as KK

To be so smart

AINT FAIR!!!!!!!!!!!!!!!!!!:(



Hiya KK!:rose:
 
Lots of power given to some one can sorta warp their mind over time......they truly believe they can do no wrong and their WORD is law, none other.
 
Lots of power given to some one can sorta warp their mind over time......they truly believe they can do no wrong and their WORD is law, none other.

That's always been a concern of Article III appointments. The idea is still a good and strong one for balance-of-power purposes, but from time to time you get folks who really never should have been on the bench in the first place or who ought to have retired a couple decades ago.
 
That's always been a concern of Article III appointments. The idea is still a good and strong one for balance-of-power purposes, but from time to time you get folks who really never should have been on the bench in the first place or who ought to have retired a couple decades ago.

yet one has to be arrogant enough to run for the position.
 
In any practical application, there is little difference, no?

No - I think there is a huge difference; stupidity can be more or less random in either its intent or result, malfeasance generally has an intention - especially with regard to the result.

DOJ: Former aide broke law in hiring scandal
By LARA JAKES JORDAN – 2 days ago

WASHINGTON (AP) — A new Justice Department report concludes that politics illegally influenced the hiring of career prosecutors and immigration judges, and largely lays the blame on top aides to former Attorney General Alberto Gonzales.

Monday's report singles out the department's former White House liaison, Monica Goodling, for violating federal law and Justice Department policy by discriminating against job applicants who weren't Republican or conservative loyalists.

The 140-page report does not indicate whether Goodling or former Gonzales chief of staff Kyle Sampson could face any charges. None of those involved in the discriminatory hiring still work at Justice, meaning they will avoid any department penalties.

However, Justice investigators said that Goodling, at least, may lose her license to practice law as a result of the findings.

Gonzales was largely unaware of the hiring decisions by two of his most trusted aides. The report said his aides' decisions weeded out Democrats and that Goodling also rejected at least one lesbian job applicant.

The report marks the culmination of a yearlong investigation by Justice's Office of Inspector General and Office of Professional Responsibility into whether Republican politics were driving hiring polices at the nation's premier law enforcement agency that is expected to be above partisan politics.

The investigation is one of several that examine accusations of White House political meddling within the Justice Department. Those accusations were initially driven by the firings of nine U.S. attorneys in late 2006 and culminated with Gonzales' resignation under fire as attorney general last September.

The man who replaced Gonzales, Attorney General Michael Mukasey, said he is "of course disturbed" by the findings.

"I have said many times, both to members of the public and to department employees, it is neither permissible nor acceptable to consider political affiliations in the hiring of career department employees," Mukasey said in a statement shortly after the report was released Monday morning. "And I have acted, and will continue to act, to ensure that my words are translated into reality so that the conduct described in this report does not occur again at the department."

uh-huh :rolleyes: - http://b1ff.org/2008/07/29/168/bang-path/


Bang path

The Nexis search that DoJ White House liaisons ran on job candidates:

[first name of a candidate] and pre/2 [last name of a candidate] w/7 bush or gore or republican! or democrat! or charg! or accus! or criticiz! or blam! or defend! or iran contra or clinton or spotted owl or florida recount or sex! or controvers! or racis! or fraud! or investigat! or bankrupt! or layoff! or downsiz! or PNTR or NAFTA or outsourc! or indict! or enron or kerry or iraq or wmd! or arrest! or intox! or fired or sex! or racis! or intox! or slur! or arrest! or fired or controvers! or abortion! or gay! or homosexual! or gun! or firearm!
 
No - I think there is a huge difference; stupidity can be more or less random in either its intent or result, malfeasance generally has an intention - especially with regard to the result.



uh-huh :rolleyes: - http://b1ff.org/2008/07/29/168/bang-path/

Sure it's considered stupid.....but likely this asshole has been getting away with dispensing his OWN law and thinks he can continue to for as long as he wants. It's arrogance.
 
yet one has to be arrogant enough to run for the position.

They used to say that the most respected people in our society included “judges.”

The least were “lawyers” and “politicians.”

A judge is nothing more than a lawyer with friends who are politicians.

Go figure.
 
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