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-   -   Judge Alito will be so pleased (http://cellar.org/showthread.php?t=23522)

Lamplighter 09-09-2010 10:12 AM

Judge Alito will be so pleased
 
This case will undoubtedly be appealed to the Supreme Court
Can you guess how Sam will vote... it's his career dream come true.

NY Times

Court Dismisses a Case Asserting Torture by C.I.A.
Quote:

A federal appeals court on Wednesday ruled that former prisoners of the C.I.A. could not sue over their alleged torture in overseas prisons because such a lawsuit might expose secret government information.
Quote:

By a 6-to-5 vote, the United States Court of Appeals for the Ninth Circuit dismissed a lawsuit against Jeppesen Dataplan Inc., a Boeing subsidiary accused of arranging flights for the Central Intelligence Agency to transfer prisoners to other countries for imprisonment and interrogation.

When I was younger I promised to myself that I would not become one of those old farts who kept saying "the world is going to hell in a handbasket".
But court decisions like this make me want to reconsider :mad:

Quote:

To this date, not a single victim of the Bush administration’s torture program has had his day in court,” Mr. Wizner said. “That makes this a sad day not only for the torture survivors who are seeking justice in this case, but for all Americans who care about the rule of law and our nation’s reputation in the world. If this decision stands, the United States will have closed its courts to torture victims while providing complete immunity to their torturers.

xoxoxoBruce 09-09-2010 12:13 PM

So if you get beat up in a bar, you'll sue the taxi company that took you there.:rolleyes:

Lamplighter 09-09-2010 12:15 PM

"By a 6-to-5 vote, the United States Court of Appeals for the Ninth Circuit dismissed a lawsuit against Jeppesen Dataplan Inc., a Boeing subsidiary accused of arranging flights for the Central Intelligence Agency to transfer prisoners to other countries for imprisonment and interrogation."

Jeppesen was not the taxi company.

xoxoxoBruce 09-09-2010 12:20 PM

Of course they were. They didn't captured anybody, they were hired by the CIA to arrange charter flights. I doubt if they were told who, or even how many, were on those flights.

Lamplighter 09-09-2010 02:02 PM

Well, if you're right the case will not be appealed to the Supreme Court, or if it is appealed the SC will decide not to accept it.

But then, I wonder why the 3-judge court appeals court didn't come to your conclusion and dismiss it outright,
or why the ACLU even decided to take on this case and file it the way they did.
Silly them, and silly me for thinking that participation in rendition and torture at the behest of the CIA is not OK !

After all, if the President says it's legal, then it's legal.
Wait, wait, that's what Sam Alito said a few years ago.
Oh well, this case is not important.
Never mind...

But wait another minute. Alito worked for Reagan who said something along the lines of "Trust, but verify".
I guess they were talking about something else.
Never mind...

xoxoxoBruce 09-09-2010 02:38 PM

Certainly Jeppesen was involved, they were hired to schedule flights, that's what they do. Jeppesen is the worlds biggest provider of flight data, route mapping, and airport patterns, in the world. Christ, the FAA goes them for advice and consent. I would be surprised if Jeppesen doesn't schedule most of the CIA's flights, clandestine or otherwise.

They're suing Jeppesen because they can't sue the CIA. Jeppesen's getting fucked because they're available. It's the same way they sued my buddy the plumbing contractor, when a high rise sprinkler system proved inadequate, even though it was installed as the architect designed it, underwriters and the city approved it, and it was inspected after he installed it.

Yes, it will go to the supremes because it's a political football. These people, and their supporters, are not doing this for compensation. They are trying to castigate the CIA/government, and do an end run with a lawsuit to change policy.

Lamplighter 09-09-2010 02:53 PM

Maybe it is some sort of legal "end-run", I don't know or really care.

But is that to suggest that the rendition/torture policies of previous years should be ruled legal and unquestionable in US courts ?

xoxoxoBruce 09-09-2010 02:55 PM

I know you don't care.
No, it's to suggest Jeppesen is getting fucked.

Lamplighter 09-09-2010 03:01 PM

No, the "don't care" is about using a "legal end-run" to get to some more important issues. If it's a legal tactic, it's legal.

If Jeppesen is an innocent party in all this, there would be no harm.
IIRC, the appeals court has already ruled somewhere along the line that Jeppesen's legal costs would be reimbursed so they would not be harmed by the decision... and that this was an unusual action for a court to take.

xoxoxoBruce 09-09-2010 11:19 PM

Anything the appeals court says about Jeppesen's costs doesn't mean jack shit, if the supremes think otherwise.

So it will be left to the idiots that made corporate influence over elections legal, and dissolved the constitutional rights of private property. Beautiful, fucking beautiful.:rolleyes:

Lamplighter 09-10-2010 12:07 AM

I know Wikipedia is not always the ultimate truth, but it's an easy source that seems to be reasonably accurate.
Wiki describes Jeppesen as a company that does charting, sells pilot supplies and aviation training.
But then there is this paragraph...

Alleged involvement with CIA extraordinary rendition flights

Quote:

On October 23, 2006, the New Yorker reported that Jeppesen handled the logistical planning for the CIA's extraordinary rendition flights. The allegation is based on information from an ex-employee who quoted Bob Overby, managing director of the company as saying:
Quote:

"We do all of the extraordinary rendition flights—you know, the torture flights.
Let’s face it, some of these flights end up that way. It certainly pays well."
The article went on to suggest that this may make Jeppesen a potential defendant in a law suit by Khaled El-Masri.[6] Jeppesen was named as a defendant in a lawsuit filed by the ACLU on May 30, 2007, on behalf of several other individuals who were allegedly subject to extraordinary rendition. The suit was dismissed in February, 2008 on a motion from the United States government, on theory that proceeding with the case would reveal state secrets and endanger relations with other nations that had cooperated.[7]
The reason I continued reading about Jeppesen was the example that this company was just a taxicab (i.e., an unknowing, innocent bystander) in the rendition operations of the CIA, and so should not have been named in the lawsuit. But I had the nagging thought that if I were put into a taxi and was dropped off at some bar against my will, and someone beat me, I would certainly think about suing the taxi company as a contributing factor.

Likewise, if the paragraph in Wikipedia is accurate, it seems reasonable for Jeppesen to have been named in the ACLU lawsuit.

xoxoxoBruce 09-10-2010 01:03 AM

Quote:

...Jeppesen handled the logistical planning for the CIA's extraordinary rendition flights.
I don't suppose they bothered to ask what other flights they handled for the CIA, or other government agencies, for that matter?
Of course the CIA, or anyone else, would go to Jeppesen. They are it.

You go to a travel agency, the travel agency goes to an airline, the airline goes to Jeppesen.

They are as guilty an the company that made the plane, or the company that supplied the fuel, or the company that made the handcuffs.

Oh, and Jeppesen isn't the taxi, they are the Garmin on the taxi's dashboard.

TheMercenary 09-10-2010 07:28 AM

Quote:

Originally Posted by Lamplighter (Post 681444)
Jeppesen was not the taxi company.

Absolutely the were nothing but a taxi company. This sounds like some far reaching attempt by the ACLU to make an end around on the inability to sue the government. It is a dead end. They should lose the case and don't have a chance in hell in the US Supreme Court.

Lamplighter 09-10-2010 11:06 AM

Let's assume Bruce's plumber-friend mentioned above is a licensed plumber and the system he installed has a problem.
The owner of the building doesn't know whether it's the fault of the plumber or of the architect or both,
so he sues both and asks the court to decide proportional guilt.

Expert witnesses then examine the installation and tell the court
if the work was done exactly according to the architect's plans or not,
AND they tell the court whether a licensed plumber knew or should have known if the plans were inappropriate.
The court then decides proportional guilt between the plumber and the architect.

In another scenario, let's assume I call a someone and tell them I'm going to rob a bank,
and I'll pay them a lot of money to ( "arrange to" ?) pick me up when I come out of the bank.
Whoever I called knows exactly what I'm doing,
and they do make "arrangements " for some a taxi to help me escape,
and a taxi does pick me so I successfully make my escape from an illegal act.

Again, proportional guilt would need to be decided between ME (the robber),
the "someone" I called to make the arrangements,
whoever actually sends a vehicle, the driver who picks me up,
AND the actions of each party before and after the robbery.
This proportional guilt can only be decided by an independent 3rd-party court of law,
and each of the parties must be named in the case.

Bob Overby, the Managing Director of Jeppesen, has been quoted as being knowledgeable
of the rendition flights and as asserting that his company made profits from these flights.
So it seems reasonable the ACLU has named Jeppesen within the suit.

Of course the ACLU is not going to all this trouble just to get a ruling against only the Jeppesen company.
They are going for a ruling on the legality of the actions of the CIA in the rendition and torture operations.
The only way to get a ruling is in federal court.

I admit to my own belief that the CIA knew that rendition and torture were illegal,
and were attempting to hide their activities.
Call me paranoid or conspiratorial or whatever...

BUT, the point of this case is that the 11-judge appeals court has now ruled
that the public shall get no examination of facts and no decision of (proportional) guilt.
In other words, we citizens must now "Trust, but don't even attempt to verify"

FURTHER, the point of my remarks about Judge Alito is that his advocacy
for unchecked powers in an "Executive Presidency" make his position on such a (potential) case a no-brainer.
Instead, it is the sort of case he would welcome.

I admit to my own belief that the CIA knew that rendition and torture were illegal, and were attempting to hide their activities.
Call me paranoid or conspiratorial or whatever...

xoxoxoBruce 09-10-2010 01:35 PM

Quote:

Originally Posted by Lamplighter (Post 681636)
Let's assume Bruce's plumber-friend mentioned above is a licensed plumber and the system he installed has a problem.
The owner of the building doesn't know whether it's the fault of the plumber or of the architect or both,
so he sues both and asks the court to decide proportional guilt.

Actually, relatives of fire victims sued the plumbing contractor, but not the building owner, architect, City, Underwriters, bank, or insurance company. A judge with half a brain would have said this is not right, but it dragged through the courts for years, with the plaintiffs finally winning millions. Not because the contractor did anything wrong, because he had the money.:mad:

Lamplighter 11-18-2010 09:34 AM

At least one federal judge understands that rendition and torture are not American values...

LosAngeles Times
U.S. civilian court acquits ex-Guantanamo detainee of all major terrorism charges

Quote:

The verdict involving a suspect in the 1998 bombings of two U.S. embassies in Africa
may complicate efforts to try Sept. 11 defendants in nonmilitary U.S. courts.
But Ahmed Khalfan Ghailani may still face life in prison without parole for his conviction on a lesser count.

The verdict could presage trouble for President Obama's plans to close the U.S. military prison in Cuba
and bring its remaining detainees to the United States for trial.
Officials who want military commissions to try the men argue that terrorism suspects
would get too many rights and protections in civilian court.
Quote:

In Ghailani's monthlong trial, U.S. District Judge Lewis Kaplan refused to allow a key government witness
to testify after finding that the information had been produced by torture at an undisclosed CIA foreign detention site.


classicman 11-18-2010 09:53 AM

Quote:

In Ghailani’s case, prosecutors chose not to introduce any of the statements Ghailani made when he was interrogated while in CIA custody and at Guantanamo, although prosecutors told the judge the statements amounted to a confession of his role in the embassy plot. Defense lawyers contended that the statements were coerced and inadmissible.
Hmm ????
Quote:

The judge recognized the potential damage of excluding the witness...
on what grounds?
Quote:

when he said in his ruling that Ghailani’s status of “enemy combatant’’ probably would permit his detention as something akin “to a prisoner of war until hostilities between the United States and Al Qaeda and the Taliban end, even if he were found not guilty.’’
So it was basically meaningless in this case - He'll never get out.

Link

I'm not sure what to make of this - There seems to be too much info missing or I'm just not getting it. Finding him not guilty on 284 out of 285 charges seems bizarre. Oh wait, here it is .....

Quote:

On Monday, the prospect of a deadlock was raised when a juror asked to be removed because she was alone in her view of the case and felt she was being attacked by other jurors.
Was she? or did the jurors make a deal? The plot thickens..... To be continued.

xoxoxoBruce 11-18-2010 10:48 AM

Quote:

...attacked by other jurors.
Beat her up? Pants her? Pee in her drink? Most likely they said they were right and she was wrong. If she feels that's an "attack", she's too emotional to be making rational decisions anyway. :rolleyes:

glatt 11-18-2010 11:01 AM

You can attack someone verbally. If there were a bunch of other jurors all in her face yelling at her, that's an attack. Not an assault, but an attack.

xoxoxoBruce 11-18-2010 11:08 AM

In legalese, not reality. :rolleyes:

footfootfoot 11-18-2010 11:14 AM

Quote:

Originally Posted by xoxoxoBruce (Post 681442)
So if you get beat up in a bar, you'll sue the taxi company that took you there.:rolleyes:

Would it matter if the taxi company that took you to the bar knew they were hired by the beaters explicitly to deliver beatees?

xoxoxoBruce 11-18-2010 11:25 AM

Bitch, bitch, bitch. OK, Should AAA be sued for providing a Triptik to someone that used it to transport illegal stuff?

Lamplighter 11-18-2010 01:20 PM

xoB, we've been thru these arguments before.
If AAA knew the plan was illegal, it's called conspiracy.

Oh wait ! That's what Ahmed Khalfan Ghailani was convicted of, and may be sentenced to life in prison.

classicman 11-18-2010 01:28 PM

Quote:

The verdict came after a four-week trial in which prosecutors built a circumstantial case to try to establish that Ghailani played a key logistical role in the preparations for the Tanzania attack.

They said the evidence showed that he helped to buy the Nissan Atlas truck that was used to carry the bomb, and gas tanks that were placed inside the truck to intensify the blast. He also stored an explosive detonator in an armoire he used, and his cellphone became the “operational phone’’ for the plotters in the weeks leading up to the attacks, prosecutors contended.
Thats a little more than renting a car .... just sayin'

xoxoxoBruce 11-18-2010 01:29 PM

AAA prints a million Triptiks, how the fuck would they know what people are doing with them? Jeppesen does the logistics for millions of flights, for both the government and businesses. How the fuck do they know what the customer is going there for? You obviously don't understand what Jeppesen does. They are the world's leading provider of airport and air route information... to everyone.

Lamplighter 11-18-2010 02:03 PM

Of course, IF AAA did not know the triptik was for an illegal act...

But the Jeppsen thing was different.

Jeppsen did know what they were doing, with whom they were doing it,
and they were making a profit from it.
So naming them in the law suit seemed entirely appropriate to me.

xoxoxoBruce 11-18-2010 02:53 PM

Hearsay of speculation by another employee, even a manager, means jackshit, even if the speculation is accurate. Do you really think the CIA told Jeppsen the particular reasons they were flying spooks here and there, or a small percentage of the flights were moving prisoners? Don't forget, Jeppson wasn't actually on the planes, they saw nothing. The lawyers are just looking for deep pockets they can draw into a bullshit conspiracy.

footfootfoot 11-18-2010 10:11 PM

Quote:

Originally Posted by xoxoxoBruce (Post 694957)
Bitch, bitch, bitch. OK, Should AAA be sued for providing a Triptik to someone that used it to transport illegal stuff?

AAA should be sued for being a shitty-ass wouldn't hook me up the one time I called them because it was too late at night to come help our stranded asses in the Arizona desert company. But not about that Triptik stuff.

xoxoxoBruce 11-19-2010 02:42 AM

Too late at night? That's when you need the fuckers. :(

richlevy 11-21-2010 10:34 AM

Quote:

Originally Posted by xoxoxoBruce (Post 695086)
Too late at night? That's when you need the fuckers. :(

Darn straight. That's sort of like owning a 22-hour-a-day convenience store.

Spexxvet 11-22-2010 10:07 AM

Quote:

Originally Posted by richlevy (Post 695463)
Darn straight. That's sort of like owning a 22-hour-a-day convenience store.

Or ER.

TheMercenary 11-25-2010 12:20 PM

Quote:

Originally Posted by Lamplighter (Post 681636)
I admit to my own belief that the CIA knew that rendition and torture were illegal, and were attempting to hide their activities.

They were just doing their job as they believed at the time they were directed to do.

richlevy 12-04-2010 10:22 AM

Quote:

Originally Posted by TheMercenary (Post 696174)
They were just doing their job as they believed at the time they were directed to do.

I'm not saying this in order to prove Godwin's Law, but isn't that a Nuremberg defense?

It's really too bad that Stanley Milgram isn't around to make the talk show rounds.

http://home.swbell.net/revscat/perilsOfObedience.html

http://www.grossmont.edu/bertdill/docs/perilsobed.pdf <-- PDF

Quote:

The subject, Gretchen Brantt, is an attractive thirty-one year old medical technician who works at the Yale Medical School. She had emigrated from Germany five years before
Quote:

Brandt: I think we are here on our own free will. I don't want to be responsible if anything happens to him. Please understand that.
Milgram's experiment was conducted in 1963. Miss Brandt would have been about 13 years old when the Nuremberg trials were conducted.

Maybe people can learn.

..and maybe some people can't http://people.brandeis.edu/~teuber/torture.html

Lamplighter 01-13-2011 10:45 AM

Another page of Animal Farm will be turned this summer.

NPR
Supreme Court Tackles Warrantless Entry Case
by Nina Totenberg
January 12, 2011

Quote:

The U.S. Supreme Court is wrestling with a case that could give
police greater power to forcibly enter a home without a warrant.

The Constitution bars warrantless searches except in certain circumstances
— for example, an emergency search to prevent the destruction of evidence.

But on Wednesday, the question before the court was whether police,
by themselves creating such exigent circumstances,
are unconstitutionally evading the warrant requirement
.

The case before the court began in 2005 when Lexington, Ky.,
police banged on the door of an apartment where they thought they smelled marijuana.
After loudly identifying themselves, police heard movement inside,
and fearing the destruction of evidence, they broke in.
<snip>
Quote:

Justice Ruth Bader Ginsburg asked whether this meant that police could merely "sniff at every door,"
knock on those doors where they smelled marijuana, and break in once they heard a noise.

It "would be perfectly fine for the officers to do that," Farley responded.
Quote:

Justice Antonin Scalia pointed out that if the suspects had quickly answered the door
and simply refused to permit entry, the police would have been powerless to do more.
"The police," he said, "were taking advantage of the stupidity of the criminals."
Quote:

Justice Elena Kagan worried that allowing police to create exigent circumstances
would be "essentially eviscerating the warrant requirement in ...
the one place that the Fourth Amendment was most concerned about."
Quote:

A decision in the case is expected by summer.

xoxoxoBruce 01-13-2011 10:53 AM

Why not just pass a law that all front doors be clear glass. :rolleyes:

Lamplighter 01-13-2011 12:03 PM

That cuts right to the chase :rolleyes:

Lamplighter 01-20-2011 08:08 PM

The Citizens United case is, and will be, an extremely important issue for every US citizen.
It's not a Democratic or Republican issue, it's a "corporate influence" issue...
regardless where the corporation is headquartered, in the US or some foreign country.


NY Times
Advocacy Group Says Justices May Have Conflict in Campaign Finance Cases
By ERIC LICHTBLAU
Published: January 19, 2011

Quote:

WASHINGTON — When the conservative financier Charles Koch sent out invitations
for a political retreat in Palm Springs later this month, he highlighted past appearances
at the gathering of “notable leaders” like Justices Antonin Scalia and Clarence Thomas
of the [US] Supreme Court.

A leading liberal group is now trying to use that connection to argue that Mr. Scalia and
Mr. Thomas should disqualify themselves from hearing campaign finance cases
because
they may be biased toward Mr. Koch, a billionaire who has been a major player
in financing conservative causes

The group, Common Cause, filed a petition with the Justice Department on Wednesday
asking it to investigate potential conflicts by Justices Scalia and Thomas and
move for their disqualification from the landmark Citizens United case
,
in which the court last year lifted a ban on corporate spending on political campaigns.
Common Cause also cited the role of Mr. Thomas’s wife, Virginia Thomas,
in forming a conservative political group opposed to the Obama administration
as grounds for his disqualification.

The petition is a new tack for opponents of the court’s decision in the Citizens United case.
Common Cause, by its own acknowledgment, faces a difficult task in getting the justices’
to remove themselves from the case and seeking to have the Citizens United decision itself vacated.
Quote:

Mr. Koch and his brother, David Koch, were among the main beneficiaries
of the Supreme Court’s decision in the Citizens United case
and became
a favorite target of liberal groups, which accused them of effectively trying to buy the election.
Either way this investigation goes, John will be so pleased

TheMercenary 01-23-2011 02:50 PM

Common Cause is a well known Lefty-Liberal group who has been known to get lots of money from George Soros, I guess ole George just doesn't like the competition. Where was Common Cause when Soros was buying off American political influence or bankrupting the UK banks?

TheMercenary 01-23-2011 04:11 PM

Quote:

But the main point here is that the focus on Citizens United allows liberals to engage in conspiracy theories about why they lost the last election rather than face up to the fact that the grassroots uprising against the policies of the Obama administration is what accounted for the GOP landslide victory in the congressional elections, not the money that some conservative groups were allowed to spend last year.
http://www.commentarymagazine.com/bl...p/tobin/387477

TheMercenary 02-04-2011 02:06 PM

Good God what a bunch of hypocrites.....

Racist and eliminationist rhetoric at a Common Cause rally.

Quote:

The website of Common Cause describes the group as "a nonpartisan, grassroots organization dedicated to restoring the core values of American democracy, reinventing an open, honest and accountable government that serves the public interest, and empowering ordinary people to make their voices heard in the political process."

The bio of Common Cause's president, Bob Edgar--a former Democratic congressman from Pennsylvania--informs us that "under Bob's leadership, Common Cause is championing a number of critical issues and reforms, including the public funding of political campaigns at all levels, election reforms that make voting more accurate, secure and accessible, improved ethics at all levels of government, redistricting reform and a diverse and open media."

It all sounds very high-minded. How's it working out in practice?

On Sunday, Common Cause hosted a panel discussion called "Uncloaking the Kochs," which, according to the Common Cause website, "was followed by a rally outside the posh Rancho Las Palmas resort where the Koch brothers were holding one of their political strategy meetings." The Koch brothers' support of free-market causes makes them enemies of "democracy," in Common Cause's view.

Christian Hartsock, a videographer who contributes to Andrew Breitbart's BigGovernment.com, attended the Common Cause rally and produced a devastating four-minute video of his interactions with the Common Causer supporters.

His coverage of the rally opens with an ingenuous twentysomething white woman holding forth: "There's a devastating influence in our country, and it's coming from fear and anger and widespread misunderstanding of what's actually causing the problems in our society. And I think that the racist Tea Party is one example of that, and it makes me feel ashamed to be an American."

This is followed by clips of Hartsock's other interactions with Common Cause ralliers, some of which we've transcribed:

http://online.wsj.com/article/SB1000...googlenews_wsj

TheMercenary 02-04-2011 02:09 PM

Here is some of the video:

http://www.breitbart.tv/breitbart-co...m-protest-mob/

Lamplighter 09-20-2012 06:53 PM

Rendition, that nasty word/deed, is back in the news...


NY Times
ELISABETTA POVOLEDO
September 19, 2012
High Court in Italy Backs Convictions for Rendition
Quote:

ROME — Italy’s supreme court on Wednesday upheld the convictions of 23 Americans
in the 2003 abduction of an Egyptian cleric in Milan, making it the first case
to successfully challenge the contentious American program of extraordinary rendition.

The ruling opened the way for the extradition of the defendants, who were tried in absentia.
But legal experts said it was unlikely the Italian government would initiate proceedings any time soon.

“The ruling is important because it confirms the reconstruction of the facts,"
said Armando Spataro, a top prosecutor in Milan.
“It confirms that what happened was incompatible with democracy.” <snip>

The high court, the Court of Cassation, confirmed sentences of seven years for 22 employees
of the C.I.A. and an Air Force colonel at a United States base in Italy,
and nine years for the C.I.A. station chief in Milan, Robert Seldon Lady.<snip>

The case made headlines as the first in the world to scrutinize — and legally condemn
— the American practice of rendition, in which suspected Islamic militants
were abducted in one country and transferred to another, often one where torture was permitted.
The program, begun amid the heightened fears after Sept. 11, has since been ended.

Osama Moustafa Hassan Nasr, also known as Abu Omar, was abducted on Feb. 17, 2003,
as he was walking to his mosque. Prosecutors said he had been taken to an American air base
in Italy and flown to Germany and then on to Egypt, where Mr. Nasr says he was tortured.
He has since been released.

tw 09-20-2012 10:19 PM

Quote:

Osama Moustafa Hassan Nasr, also known as Abu Omar, was abducted on Feb. 17, 2003, as he was walking to his mosque. Prosecutors said he had been taken to an American air base in Italy and flown to Germany and then on to Egypt, where Mr. Nasr says he was tortured. He has since been released.
Sometimes it is necessary to invent a bogeyman when none exists. Then extremists will support the endeavor.

Lamplighter 06-24-2013 12:02 PM

Reuters
Jonathan Stempel and Lawrence Hurley
Jun 24, 2013

UPDATE 2-U.S. justices rule against college worker in harassment case
Quote:

<snip>The court had in 1998 said Title VII of the Civil Rights Act of 1964
let harassment victims hold their employers responsible for improper conduct by a supervisor,
but never defined exactly what a supervisor was.

Writing for the majority, conservative Justice Samuel Alito adopted
a narrower version of a supervisor than Vance had proposed.

"An employer may be vicariously liable for an employee's unlawful harassment only when
the employer has empowered that employee to take tangible employment actions
against the victim, i.e., to effect a 'significant change in employment status, such as hiring,
firing, failing to promote, reassignment with significantly different responsibilities,
or a decision causing a significant change in benefits,'" Alito wrote.

The court rejected Vance's argument that a supervisor was anyone
with day-to-day oversight of an employee's activities
.
It also rejected what Alito called the "nebulous" guidance by the
U.S. Equal Employment Opportunity Commission to link supervisor status
to the exercise of significant oversight over an employee's daily work.
<snip>
Sam's parents are so proud, as are the parents of Clarence Thomas.

Lamplighter 06-25-2013 01:52 PM

The "conservative" wing of the USSC is working steadily to reverse
laws which historically have protected minority rights.
In this session, this group has ruled in one way or another to reverse
protections which affect minorities in voting rights, harassment in the workplace,
legal remedies for employment discrimination, and now a strike
at a well established law affecting American Indians.

The facts in this case were quite clear and undisputed, but the
non-Indian public and these Justices wanted a different decision.

Sam Alito has written an opinion based on the public emotion rather than the law.
He calls it a technicality, but it's just an excuse to over run basic provisions of,
and previous USSC rulings on, a very important protection to another minority, American Indians.
He seeks a ruling against this particular child's biological father.

http://online.wsj.com/article/PR-CO-...googlenews_wsj
Wall Street Journal
June 25, 2013

U.S. Supreme Court Upholds Indian Child Welfare Act in Adoptive Couple v. Baby Girl
Quote:

In mid-April of 2013, the Supreme Court Justices considered an appeal
by the South Carolina couple and their lawyers to the South Carolina Supreme Court
decision which held the following;

1. that it was in Veronica's best interests to be placed with her father;

2. that ICWA applied and was not unconstitutional;

3. the "Existing Indian Family" doctrine was inapplicable
as an exception to the application of the ICWA in this case;

4. that the father did not voluntarily consent to the termination
of his parental rights or the adoption;


5. the Appellants failed to prove by clear and convincing evidence
that Father's parental rights should be terminated or that granting
custody of Baby Girl to Father would likely result in serious emotional
or physical damage to Baby Girl.

In today's 5-4 decision in Adoptive Couple v. Baby Girl
the United States Supreme Court upheld the Indian Child Welfare Act (ICWA),
but reversed and remanded this case back to the South Carolina courts on a technicality.
The narrow decision focused on the standard to determine whether
this particular father's parental rights could be terminated.


In advance of the oral arguments, support for the position to uphold the lower court rulings
and the protections of the Indian Child Welfare Act (ICWA) were characterized as historic.
U.S. Solicitor General Donald Verrilli and 19 states and state attorneys general
were joined by a large array of groups who submitted 24 separate briefs in all.
Not one state submitted briefs in support of Adoptive Couple.

The overwhelming support included 17 former and current members of Congress;
Casey Family Programs, the Children's Defense Fund, and 16 other child welfare organizations;
the American Civil Liberties Union; broad coalitions of psychology associations,
child advocates, and legal experts; adult Native American adoptees;
and tribal amicus briefs which include 333 American Indian tribes.
<snip>

Lamplighter 06-26-2013 02:44 PM

It took a day or so, but Indian tribal leaders are now responding to this "one-off" decision of Alito et al.

USA Today
Peter Harriman
6/25/13
Ruling on adopted Indian kids threatens tribes, some say
Leaders worry that the Supreme Court ruling opens the door to what was happening before Indian Child Welfare Act.

Quote:

A Supreme Court decision that undercuts the presumptive rights
of biological Native American parents could threaten an entire slate of legislation
passed almost 40 years ago to strengthen tribal sovereignty, according
to a former South Dakota senator.

The 1978 Indian Child Welfare Act is intended to keep Indian children
from being taken from their homes and placed with non-Indian adoptive or foster parents.
The law's intent is to preserve familial bonds between Indian parents
and their children and tribes and their children.
<snip>

"It's an attack on tribal sovereignty through the children.
I can't believe they did this," retired Sen. James Abourezk, D-S.D.,
who was the driving force behind the 1978 Indian Child Welfare Act
and the other bills, said Tuesday of the court's decision.

Clyde Bellecourt, an American Indian Movement activist who was a key player in the effort
to develop and strengthen the principle of tribal sovereignty in the 1970s, agreed with Abourezk.
He said the Supreme Court ruling
Quote:

"is legalizing the kidnapping, theft of children and division of Indian families
once again by states and churches. Churches have a lot to do with this."
Because of widespread adoptions of tribal children by non-Indians before the law,
Bellecourt said, "there are thousands of people wandering the earth who have no idea
from whence they came even though they have a culture and a traditional way of life of their own."
My understanding of this, despite current wordings in some media,
is that the father proposed marriage when the mother learned she was pregnant.
When she said no to marriage, he then refused financial support of the child
and agreed to give full custody to the mother.

Later, the mother decided to put the child up for adoption.
The father and the tribe have a legal right to notification of such adoption proceedures.

It was not until afterward that the father learned of the adoption through informal tribal contacts.
It was at that time he gained custody through legal channels.
The non-Indian "adoptive" parents then appealed the case to the USSC.

The father has always maintained that he did give up "custody" before the baby was born,
but did not give up his "parental rights" or his legal Indian rights under ICWA.
The Supreme Court of South Carolina agreed with him, and he was given physical custody of his daughter.

Sam's opinion and the USSC majority have now made her parental custody unnecessarily tenuous.

Happy Monkey 06-26-2013 05:08 PM

Quote:

Originally Posted by Lamplighter (Post 868838)
Sam's opinion and the USSC majority have now made her parental custody unnecessarily tenuous.

It might make other custody battles more tenuous, but I would think that "decided by the Supreme Court" is as un-tenuous as parental custody can be.

Lamplighter 06-26-2013 05:42 PM

HM, I don't think so.
I suspect that by referring the case back to the South Carolina Supreme Court,
the issues can/will be debated again, and the decision may yet
go with the father.

Who knows ...

Clodfobble 06-26-2013 06:00 PM

Quote:

Originally Posted by Happy Monkey
It might make other custody battles more tenuous, but I would think that "decided by the Supreme Court" is as un-tenuous as parental custody can be.

Unfortunately, they didn't clearly rule. South Carolina said, the father gets the girl. The Supreme Court said, the law does not require taking the child away from the adoptive couple in this case--but having issued this ruling on the spirit of the law, they did not actually make a ruling on custody, they just kicked it back to the South Carolina court with their opinion added. Now, the South Carolina court may choose to re-examine the case in light of the Supreme Court's clarification and reverse their previous ruling, or they may decide to stick with their original ruling in favor of the father anyway.

It should be noted that I am strongly on the adoptive couple's side here. Aside from everything else fucked up about the situation,

Quote:

Veronica is 3/256ths Cherokee.

Lamplighter 06-27-2013 10:15 AM

Sam Alito strikes again...

Previously.
Quote:

In Koontz v. St. Johns River Water Management District, however,
the plaintiffs have asked for a radical redefinition of takings so elastic
that even Justice Antonin Scalia, a strong advocate of property rights
and of a broad interpretation of the takings law, rose up in protest.

“A taking of what?” he asked the petitioner’s lawyer during
oral argument before the Supreme Court last week.
His question was echoed by Justice Elena Kagan, who asked,
“Where is the taking?” and by Justice Sonia Sotomayor,
who was even blunter: “Why are we even in this case?”
In government "permit" situations, conditional meant:
If you do this..., your permit will be approved
If you don't do this..., your permit will not be approved.

According to Sam, not any more. Corporations rule !

NY Times
By JOHN D. ECHEVERRIA
Published: June 26, 2013
A Legal Blow to Sustainable Development
Quote:

<snip>
The court handed down a decision on Tuesday that, in the words of
Justice Elena Kagan, will “work a revolution in land-use law.”

The court’s 5-to-4 decision, with Justice Samuel A. Alito Jr. writing for the majority,
arose from an order issued by a Florida water management district denying
an application by Coy A. Koontz Sr. to fill more than three acres of wetlands
in order to build a small shopping center.

The district made clear that it was willing to grant the permit if Mr. Koontz agreed
to reduce the size of the development or spend money on any of a variety
of wetlands-restoration projects designed to offset the project’s environmental effects.
Because Mr. Koontz declined to pursue any of these options, the district denied the permit.
<snip>

Before Koontz, a developer could raise a constitutional challenge if the charges were unreasonable,
but judges typically deferred to local governments in such cases.
After Koontz, developers have a potent new legal tool to challenge such charges
because now the legal burden of demonstrating their validity is on the communities themselves.

In the wake of this under-the-radar ruling, the cost of protecting a community
from a harmful building project now lies not with the developer
but with the local residents and taxpayers.


It’s hard to fathom that the framers of the Constitution would call this either fairness or justice.

Lamplighter 11-25-2013 08:48 AM

Once more Sam et al. will change the course of US public life
... CORPORATIONS [SHALL] RULE !


NY Times
ADAM LIPTAK
November 24, 2013

Court Confronts Religious Rights of Corporations

Quote:

The stores play religious music.
Employees get free spiritual counseling.
But they do not get free insurance coverage for some contraceptives,
even though President Obama’s health care law requires it.

Hobby Lobby, a corporation, says that forcing it to provide the coverage
would violate its religious beliefs. A federal appeals court agreed,
and the Supreme Court is set to decide on Tuesday whether it will hear the Obama
administration’s appeal from that decision or appeals from one of several related cases.

Legal experts say the court is all but certain to step in,
setting the stage for another major decision on the constitutionality
of the Affordable Care Act two years after a closely divided court
sustained its requirement that most Americans obtain health insurance or pay a penalty.

“The stakes here, symbolically and politically, are very high,” said Douglas Laycock,
a law professor at the University of Virginia, citing the clash between religious teachings
and the administration’s embattled health care law.

In weighing those interests, the Supreme Court would have to assess
the limits of a principle recognized in its 2010 decision in Citizens United,
which said corporations have free speech rights under the First Amendment.
The question now is whether corporations also have the right to religious liberty.

<snip>

Lamplighter 11-26-2013 10:59 AM

It is announced today that the USSC will take up this case.

Get ready for GE to tell you which god (CEO) to worship. :eek:


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