EnduringSense

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Posts Tagged ‘Judge’

US Judge Stops Windmills from Killing Bald Eagles

Posted by Steve Markowitz on August 21, 2015

Progressives have demonstrated over the years a willingness to protect wildlife irrespective of consequences to society or the economy.  In some cases they have used various wildlife protection laws including the 1940 Bald and Golden Eagle Protection Act and 1918 Migratory Bird Treaty Act.  Interpreting and enforcing regulations are left to various government agencies including windmillthe U.S. Fish and Wildlife Service.  However, bureaucrats often politicize their interpretation by selective enforcement.

This week the Wall Street Journal published a story of selective enforcement by the U.S. Fish and Wildlife Service (FWS).  Obama appointed US District Judge Lucy H. Koh has slapped down the FWS for allowing the wind industry to legally kill Bald and Golden Eagles for up to 30 years.  The judge found that the agency violated the National Environmental Policy Act in 2013 by not doing the required environmental impact assessment and limiting permits to a maximum of five years.

It is common knowledge that wind generators kill birds.  A 2008 study estimated that one facility in northern California killed dozens of eagles and thousands of raptors and non-raptors annually.

It seems that to the Left, saving endangered species is important only if it does not interfere with their political agenda that includes promoting green energy.  This selective enforcement of regulatory edicts shows that crony capitalism is alive and well in the Obama administration.

Posted in Governmental Intervention | Tagged: , , , , , , | Leave a Comment »

California Judge Rejects Teacher Tenure

Posted by Steve Markowitz on June 23, 2014

California Superior Court Judge Rolf M. Treu made a ruling with broad implications for the education system, teachers and society.  The ruling found that teacher tenure violated the State Constitutional civil rights by not offering poor inner-city students equal opportunity for a quality education.  In essence, the Judge found that tenure protected teachers at the expense of damaging the quality of education in inner-cities stating:

Substantial evidence presented makes it clear to this court that the challenged statutes disproportionately affect poor and/or minority students.”

“The evidence is compelling.  Indeed, it shocks the conscience.”

Judge Treu specifically criticized California’s inability to fire incompetent teachers stating:  “All sides to this litigation agree that competent teachers are a critical, if not the most important, component of success of a child’s in-school educational experience,” and “there is also no dispute that there are a significant number of grossly ineffective teachers currently active in California classrooms.”

The negative reaction from teachers’ unions was immediate with California Federation of Teachers president saying:  “We believe the judge fell victim to the anti-union, anti-teacher rhetoric and one of America’s finest corporate law firms that set out to scapegoat teachers for the real problems that exist in public education.  There are real problems in our schools, but this decision in no way helps us move the ball forward.”

This is a typical unionists/leftist response, attacking the opposition’s integrity.  To accept that there are “real problems” in America’s schools and exonerating teachers unions and their parochial interests from any part of the problem defies logic.  The union’s real intent is clear; protect its members irrespective of the needs of greater society.

Tenure in the educational field came into existence to protect teachers with dissenting views from being harassed or fired.  Tenure was therefore not for the protection of teachers, who currently in California received ten-year after 18 months of service, but instead for the protection of freely expressed knowledge and its related discourse.  The result of tenure, however, has been much different.  Not only has it helped incompetent teachers retain jobs, but it has not broaden political views within educational institutions with teaching positions, especially in universities, controlled by the Progressives.

With the decline of many American schools and the poor results graduates have performed in standardized test, the debate about tenure will continue to grow.  There can be no more of a justification for teachers’ tenure for job protection than for any other American worker.

In recent decades the judicial system has become activist, inflicting Progressive dogma on society.  That activism is now coming full circle with more conservative judges becoming willing to use judicial power to change society.  The implications of this activist court are no more dangerous today than they were decades ago.  To my friends on the Left, I say what goes around comes around.

Posted in Education | Tagged: , , , , , , | Leave a Comment »

Judge Approves Birth Certificate with Three Parents Listed

Posted by Steve Markowitz on February 21, 2013

Yahoo.Com reported on a story bizarre by even today’s anything-goes standards.  A Miami-Dade County, Florida judge approved listing three people as parents on a 22-month-old girl’s birth certificate.  The parents include a lesbian couple and a gay man.  According to the report this decision concludes the two-year paternity battle between the lesbian couple and a gay male friend who became the sperm donor.

You can’t make this stuff up!

Posted in Uncategorized | Tagged: , , , , , , , , | Leave a Comment »

State Must Pay for Prisoner’s Sex Change

Posted by Steve Markowitz on September 8, 2012

Just when you thought it couldn’t get any more outrageous, a Massachusetts Federal Judge took judicial lunacy to the next level.  U.S. District Judge Mark Wolf ordered the state of Massachusetts to pay for a sex-change operation for prisoner Michelle/Mike Kosilek.

In making the ruling the Judge stated that the surgery would be “the only form of adequate medical care” for the prisoner and denying it would violate the Eighth Amendment’s prohibition against cruel and unusual punishment.

Kosilek is serving life in prison without parole for the murder in 1990 of his wife.  Using this Judge’s bizarre logic, why not just let Kosilek out of prison?  Surely similar lame logic could conclude that serving a life term without the possibility of parole is cruel and unusual.

Some conservatives may be surprised to learn that Judge Wolf was a Reagan appointee.  This goes to prove that judicial activism sees no political boundaries.  The Judicial branch’s bizarre activism is eerily reflective of the corruption that fell the Roman Empire

Posted in Constitution, Justice | Tagged: , , , , , , , , , | Leave a Comment »

Judge Raids Social Security Disability Benefits

Posted by Steve Markowitz on May 23, 2011

The Wall Street Journal reported last week on a story that highlights the corruption of government by Progressives.  This story involves an administrative law judge in Huntington, West Virginia who is either corrupt and/or is totally inept.

David B. Daugherty, a 75-year-old judge, is charged with determining whether or not those applying for federal disability benefits are entitled to them.  Daugherty is one of 1,500 such judges in the United States.  His record reeks of corruption.

Nationally, the Wall Street Journal reports that approximately 60% of those applying for federal disability benefits are granted them.  However in Judge Daugherty’s court for 2010, an incredible 99.7% of those that applied for the benefits were granted them.  Yikes!  In addition, Daugherty is being investigated because of an association with one particular law firm involved with representing clients in his courtroom.

There are nearly 100 other administrative judges nationally who have records of awarding more than 90% of those who apply disability benefits.  They too are being scrutinized.  The system is clearly broken.

The amount of disability benefits have substantially grown over the years.  The greatest amount is distributed through the Social Security Disability Insurance, SSDI, which in 2010 paid out a whopping $124 billion to 10 million beneficiaries.  While disability programs are important for those that are truly in need, the Journal has shown that the program is being abused.  This is a byproduct of government benefit programs.  Forgetting the corruptive nature of these programs in which bureaucrats are responsible for handing out funds, it is also easier for bureaucrats to say “yes” when it comes to spending taxpayers’ money.

We have rapidly become a society that believes it is entitled to all sorts of benefits from the government.  What is lost in this mentality is that the government only gives entitlements to some by taking from others.  As a greater proportion of society receives entitlements, fewer are paying into the system.  We have reached a tipping point where the Country can no longer honor all of the obligations and remain solvent.  As the country attempts to bring back fiscal sanity by cutting the entitlements, the special interest groups fight to protect their own.  It is tough to put the genie back in the bottle.

Posted in Government Handouts, Social Security | Tagged: , , , , , , , , | 2 Comments »

New York Federal Judge Rules ObamaCare Unconstitutional

Posted by Steve Markowitz on January 31, 2011

A Florida Federal Court ruled that the provision in ObamaCare mandating that nearly all Americans obtain health insurance is unconstitutional.  While this joins an earlier decision in a Virginian federal court, it goes even further ruling that the entire health care overhaul bill was void because of this one provision.

With a growing consensus, legal scholars are finding the key provision of ObamaCare unconstitutional.  This is a positive step that will ultimately insure that what would become a huge entitlement and cost to the Country will never be implemented.  At the same time it is another indicator of the disdain that the Left has for the Constitution.  Spearheaded by the President, a Constitutional scholar, the Progressives spent a year of debate pushing through a law that they knew or should have known was unconstitutional.  What arrogance!

Posted in Obamacare | Tagged: , , , , | 3 Comments »

Judge Overrules Obama’s Drilling Moratorium

Posted by Steve Markowitz on June 22, 2010

The New York Times reported that U.S. Federal Judge Martin Feldman axed Obama’s six month ban on deepwater drilling in the Gulf of Mexico.  The Judged agreed with the plaintiffs who argued that the Obama Administration wrongfully concluded that one oil rig failure means others are also unsafe stating:

”The Deepwater Horizon oil spill is an unprecedented, sad, ugly and inhuman disaster.  What seems clear is that the federal government has been pressed by what happened on the Deepwater Horizon into an otherwise sweeping confirmation that all Gulf deepwater drilling activities put us all in a universal threat of irreparable harm.”

Our Founding Fathers understood the dangers of too much power being given to any branch of the government.  It was that foresight that allowed Judge Feldman to conclude that President Obama overstepped his authority when he issued the broad drilling moratorium.

Barack Obama, the purported expert on Constitutional Law, just got a lesson on the Constitution.

Posted in Constitution, Oil, Oil Spill, President Obama | Tagged: , , , , , , , , | 1 Comment »