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Author Topic: Corruption in Government  (Read 11313 times)

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AGelbert

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Re: Corruption in Government
« Reply #15 on: October 14, 2014, 09:05:13 pm »
This is an EXCELLENT example of a Corrupt Court System.  >:(

As you will see, whenever a "brilliant jurist" finally gets his head out of his "logical" ass  and sees that the LAW he supported and argued for was USED to disenfranchise voters in diametric  (as in Orwellian) opposition to the stated intent of said law, YEARS of fascist inertia and democracy destroying elections have taken place. Then the jurist gives a dissenting opinion on a related case.

BUT, it DOES NO GOOD for we-the-people beyond lip service. The Court System has made Voter Disenfranchisement LEGAL. This is one of the MANY steps taken by state governments in the USA towards fascism.

WHERE was the American Bar Association when this Voter ID CRAP was first pushed? ???  Well, uh, there was NO EVIDENCE of intent to disenfranchise voters.  ;D  The LAW, as written, APPEARED to be for the purpose of AVOIDING voter fraud. Hey, we are lawyers, not mind readers!  It was, uhm, a good law but it was used, ah, improperly... RIGHT. Don't tell me the legal minds in this country could not see RIGHT THROUGH this transparent and fascist backed effort to thwart the Democratic representation of a segment of the voting public!   

The following post is from the Daily Kos. they are celebrating a dissenting opinion. I say the elite controlling the Courts AND the state government voter ID LAWFUL UNLAWFUL AND FRAUDULENT laws deliberately designed to disenfranchise voters will do NOTHING to change this travesty of democracy before the elections. AFTER the elections they will yammer about this and that and perhaps get some reform with much fanfare!  ;D However, before the next election, a legal team from A.L.E.C. will meticulously pull every single democratic tooth out of it (quietly, of course! ;)).

IOW, the SYSTEM has fascist inertia. The Court System is PART of that inertia and is ONLY used to display the appearance of objectivity and even handedness.   

A dissenting opinion, even from a Reagan appointee, will do NOTHING but put a "the Court System works"  bright and shiny, BUT FALSE, paint job on our fascist enabling system of juris-imprudence.  ;D Enjoy! 



Mon Oct 13, 2014 at 04:42 PM PDT.

Highly Respected Conservative Judge Rips "Voter ID" Laws--and the GOP--in Blistering Opinion


SNIPPET 1 (the "brilliant jurist" cred   ;D):

Quote
Possibly the most well-known jurist in the country, the Reagan-appointed, conservative Posner is not only an accomplished Circuit Court Judge, he is a Senior Lecturer at the University of Chicago Law School and the author of nearly 40 books.  He is 75 years old and were it not for a penchant for raising hackles of the legal community with his acute opinions, he would likely be on the Supreme Court right now.

 The Los Angeles Times' Michael Hiltzik accurately describes the regard the legal and judicial community holds towards Posner:


Posner, 75, is no wooly-headed liberal, but a card-carrying conservative who was appointed to the circuit bench by Ronald Reagan in 1981. He's widely regarded as the smartest jurist in the federal judiciary, and was identified in 2000 by Fred Shapiro of Yale Law School as the most-cited legal scholar of all time.

SNIPPET 2:

Quote
Posner authored the Opinion in the decision of Crawford v Marion County, the 7th Circuit decision in 2008 that upheld Indiana's "Voter ID" law, and which was, in turn, affirmed by the Supreme Court. The case involved the Constitutionality of the first such law in the country, the seminal Voter Suppression statute that spawned so many imitations in other states.  :P  :(

Agelbert NOTE: Because of that voter suppression, the WRONG people got elected, wars have been fought, money stolen by the MIC, MORE people have been killed outside this country and in it, fossil fuel subsidies prolonged and Renewable energy subsidies kept tiny or non-existent. Many Americans have died from lack of proper health care.

In MY BOOK, those are BOTH CIVIL and CRIMINAL LAW violations. Don't hold your breath waiting for a lawyer to agree. The "variables" in the voting for this, that and the other are all separate issues that LAWYERS REFUSE to connect the CRIME/FRAUD dots on. Why? Because they are PART of the fascist corruption for profit over planet, period. Of course, they'll deny that too!  ;D

This is the story of this country since the (Orwellian) Patriot Act ENABLING LAW began a chain of fascism fostering laws. The Law profession has MADE A LOT OF MONEY from those laws and is NOT interested in reversing them because the MONEY people BACKED those laws BEFORE they became laws and will be highly pissed at any lawyer with the temerity to "**** upstream", so to speak.

SNIPPET 3 (an IMPOTENT JUDICIARY when they don't want to change a LAW):

Quote
Posner, joined by four Judges on the Seventh Circuit, authored the opinion requesting a rehearing en banc by the entire Seventh Circuit Court of appeals in Frank v Scott Walker et al, the recent case assessing the validity of the Wisconsin "Voter ID" statute.  A three-judge panel of the 7th Circuit had already cleared the way for the Wisconsin law to go into effect prior to next month's elections.  :evil4: Posner's request for rehearing split the Judges of that Circuit 5-5, and thus no rehearing was granted. Posner's opinion, which eviscerates every rationale promoted in support of these suppression laws, was relegated to a "dissent."  But unlike most other "dissents," this opinion is likely to reverberate throughout the Judiciary and will be closely scrutinized by the Supreme Court, which stepped in and suspended the law's validity just last week.  ::)

Agelbert NOTE: It's a fantastic opinion BUT it is a "DISSENT"  :evil4:, LOL! IOW, it don't mean **** as to changing the law, no matter what the hopeful and optimistic fellow at the Daily KOS is wishing for. I'm NOT being pessimistic; I'm being REALISTIC.  8)

If they DO annul this Voter SUPRESSION LAW, it will be a step towards Democracy. I'm telling you right here and now that NOTHING will be done except a lot of foot dragging UNTIL AFTER the election. I wish it weren't so.  :(

Now read parts of Posner's great dissent (with article author's commentary) in the tradition of Oliver Wendell Holmes (the Great Dissenter). It's quite good, logical, realistic and honest. Too bad it's not the law.  ;D

Posner distills the essence of these noxious statutes as motivated solely by the intent by the Republican Party to suppress Americans' right to vote. As Hiltzik summarizes the opinion:

Quote
"There is only one motivation for imposing burdens on voting that are ostensibly designed to discourage voter-impersonation fraud," [Posner] writes, "and that is to discourage voting by persons likely to vote against the party responsible for imposing the burdens." More specifically, he observes, photo ID laws are "highly correlated with a state's having a Republican governor and Republican control of the legislature and appear to be aimed at limiting voting by minorities, particularly blacks."

Posner distinguishes the Indiana law from the Wisconsin one (a necessary exercise, albeit an effective one) in terms of their relative stringency.  But his opinion suggests a more substantial re-thinking of the entire issue, and he takes pains to carefully demolish the flimsy arguments and excuses of "voter fraud" proffered by the laws' proponents:


Quote
"There is compelling evidence that voter-impersonation fraud is essentially nonexistent in Wisconsin." Assertions about voter fraud are "a mere fig leaf for efforts to disenfranchise voters." He adds that "some of the 'evidence' of voter-impersonation fraud is downright goofy, if not paranoid, such as the nonexistent buses that according to the 'True the Vote' movement [a voter suppression organization originating in the tea party movement] transport foreigners and reservation Indians to polling places."

Indeed, Posner writes, lists of the states that impose the strictest requirements "imply that a number of conservative states try to make it difficult for people who are outside the mainstream, whether because of poverty or race or problems with the English language...to vote."


The "list of states" is actually a Table (Table 2, page 17) contained within the opinion itself. Posner shows that all of the states that have implemented these voter suppression statutes did so under Republican governance, either at the Executive or Legislative level:

STATES WITH STRICT PHOTO ID LAWS—POLITICAL MAKEUP
 WHEN THE LAWS WERE ADOPTED
Arkansas: Democratic governor, but both the  House and Senate were under Republican control.

Georgia: Republican governor, Republican control of both the House and Senate.

Indiana: Republican governor, Republican control of both the House and Senate.

Kansas: Republican governor, Republican control of both the House and Senate.

Mississippi: Adopted by the voters through a ballot initiative. Republicans, who already controlled the governorship and the state Senate, won a majority of seats in the House in that same election.

Tennessee: Republican  governor,  Republican  control of both the House and Senate.


Texas: Republican  governor,  Republican  control  of both the House and Senate.

Virginia: Republican governor, Republican control of both the House and Senate.

Wisconsin:  Republican  governor,  Republican  control of both the House and Senate.

The Opinion notes that the same pattern holds true for the three "strict, non-photo ID" states, Arizona, North Dakota and Ohio.

Posner also sarcastically eviscerates the argument that "Voter ID's" are easy to obtain, are inexpensive, or are somehow akin to "showing an ID" when one boards an airplane. In a final flourish of judicial contempt, Posner characterizes the arguments of the Wisconsin law's proponents as inhabiting a "fact-free cocoon". 


A strong antipathy runs through Posner's opinion here, one that should be taken seriously. Posner appears to appreciate   ;Dthe deeply un-American purpose of these laws and he spares no effort to take their essential fiendishness to task, even as he lays their invention at the feet of his own Republican Party.   ;D This is damning stuff,  ::)  the likes of which has never been fully articulated in Judicial opinion. The fact that Posner is the one articulating it will have a profound effect on the "debate" about these laws from this point forward.   


Judge Posner's dissenting opinion in the Frank v Scott Walker case is here   


[url=http://www.dailykos.com/story/2014/10/13/1336362/-Highly-Respected-Conservative-Judge-Rips-Voter-ID-Laws-and-the-GOP-in-Blistering-Opinion]http://www.dailykos.com/story/2014/10/13/1336362/-Highly-Respected-Conservative-Judge-Rips-Voter-ID-Laws-and-the-GOP-in-Blistering-Opinion


The voter ID LAWS were crafted with malice and aforethought for the purpose of fostering a murdering, profit over planet fascist police state in a series of small INCREMENTAL STEPS. 
Wait on the Lord: be of good courage, and he shall strengthen thine heart:
wait, I say, on the Lord. -- Psalm 27:14

 

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