Category Archives: legal news

Reagan and Bush did it; why not Obama?

Republicans in Congress are getting loaded for bear if that Democratic rascal in the White House follows through with a threat to execute an order that delays deportation of some 5 million illegal immigrants.

What they’ll do precisely in response to a now-expected executive order remains unclear.

Maybe they should follow the congressional led set when two earlier presidents did precisely the same thing, using exactly the same constitutional device.

That would be: nothing.

http://www.huffingtonpost.com/2014/11/15/reagan-bush-immigration-deportation_n_6164068.html?ncid=fcbklnkushpmg00000013

At issue is whether President Obama will use his executive authority to delay those deportations and, by the way, strengthen security along our southern border. Congress wants him to wait. So do I, for that matter. Congressional Republicans are threatening to hamstring confirmation hearings on the president’s pick to be attorney general, Loretta Lynch. Heck, they might even sue the president.

The most troublesome — and ridiculous — notion being field tested in the court of public opinion is impeachment.

Let’s look briefly at history.

Presidents Ronald Reagan and George H.W. Bush did the same thing. One heard nary a peep out of Congress, let alone the Democrats who controlled the place at the time.

Congress enacted an immigration law in 1986, but in the following year, President Reagan gave immigration officials the power to cover the children of illegal immigrants who were granted amnesty under the law. As the Huffington Post reported: “Spouses and children of couples in which one parent qualified for amnesty but the other did not remained subject to deportation, leading to efforts to amend the 1986 law.”

Along came President Bush in 1989. The Huffington Post reports: “In a parallel to today, the Senate acted in 1989 to broaden legal status to families but the House never took up the bill. Through the INS (Immigration and Naturalization Service), Bush advanced a new ‘family fairness’ policy that put in place the Senate measure. Congress passed the policy into law by the end of the year as part of broader immigration legislation. ‘It’s a striking parallel,’ said Mark Noferi of the pro-immigration American Immigration Council. ‘Bush Sr. went big at the time. He protected about 40 percent of the unauthorized population. Back then that was up to 1.5 million. Today that would be about 5 million.'”

What gives with the current crop of yahoos calling the shots on Capitol Hill?

Oh, I forgot. The tea party/nimrod wing of the GOP vows to shake things up and no longer do things the way they’ve been done in the past.

That must include allowing the president of the United States to actually lead.

 

$1 billion settlement just isn't fair

There’s just no pleasing some people, I reckon.

Consider the case of Sue Ann Hamm, former wife of Harold Hamm.

Ms. Hamm got a billion-dollar settlement from an Oklahoma court in her divorce action against her ex-husband. A billion bucks!

Was it enough? Nope. She’s going to appeal the settlement.

http://money.cnn.com/2014/11/14/luxury/harold-hamm-divorce/index.html?hpt=hp_t2

“Sue Ann is disappointed in the outcome of this case,” said her lawyer Ron Barber. “She dedicated 25 years as Harold’s faithful partner in family and business.”

Harold Hamm reportedly is worth around 20 bil, so I reckon his ex-wife wants a bigger piece of that action.

OK, I’m not a party to this divorce action. I’m just sitting out here in the peanut gallery, albeit not too terribly far from the Oklahoma state line. Still, I get that there’s a lot I don’t understand about this case.

I’ll acknowledge one thing that escapes my understanding: Why isn’t $1 billion enough?

Sue Ann can take the dough, stash some of it away for the kids, invest most of it in some secure stocks and other things, keep a healthy sum of it — say, $50 million or so — for herself and still live very nicely.

According to CNN.com, Harold Hamm is a big hitter: “Harold Hamm is somewhat of a legend in the oil businesses. He built the company from the ground up, pioneered the use of fracking and led the development of North Dakota’s Bakken oil field.”

Well, absent a pre-nuptial agreement, the former couple is left to settle this matter as amicably as they can.

From my perch far, far away, a billion dollars looks pretty darn amicable.

 

AG should knife the boss in the back?

Sens. Ted Cruz of Texas and Mike Lee of Utah are making an impossible demand of the woman selected by President Obama to become the nation’s next attorney general.

They want Loretta Lynch to state up front whether a presidential executive order regarding U.S. immigration policy is constitutional and legal. More to the point, they are demanding that she declare such an action unconstitutional and illegal.

Let’s think about this for a moment.

What they’re demanding is that the woman who wants to be attorney general stick a dagger in the back of the individual who has nominated her to that high office.

Cruz and Lee do not appear interested in simply hearing her out. Both men already have declared that they believe such a move — which the president has all but telegraphed will occur — doesn’t pass constitutional muster.

They are among congressional Republicans who already are angry over Obama’s use of executive authority to tweak and tinker with the Affordable Care Act. These men both are dead set against reforming immigration policy at least during the current congressional session.

So now they’re threatening to hold the attorney general nomination hostage to their own agenda.

What’s more, they’re asking the AG-designate to betray the president who’s nominated her.

Good luck with that, senators.

Democrats backing embattled GOP Gov. Perry

A most interesting turn of events has occurred in the case involving whether Texas Gov. Rick Perry abused the powers of his office when he bullied a Travis County prosecutor who got arrested for drunken driving.

Several prominent Democratic lawyers and politicians have signed an amicus brief asking that the indictments against the Republican governor be tossed. They contend the indictments don’t hold up under the state’s separation of powers doctrine spelled out in the state constitution.

http://www.texastribune.org/2014/11/10/bipartisan-group-lawyers-want-perry-case-dismissed/

The Texas Tribune reported the brief today and lays out the issue as presented by this high-powered team of legal eagles.

The Democrats include former Texas Supreme Court Justice Raul Gonzalez, former state Sen. (and former Texas Tech Chancellor) John Montford and the founder of the Innocence Project, one Jeff Blackburn of Amarillo.

The big hitters also include a couple of well-known former U.S. solicitors general, Ted Olson and Kenneth Starr, who served Republican presidents George W. and George H.W. Bush.

My own take is that the second indictment, the lesser felony, is the one that holds up.

At issue are the twin indictments by the Travis County grand jury. They allege that the governor abused his power by threatening to veto money appropriated for the Public Integrity Unit run by the Travis County district attorney’s office. The DA, Rosemary Lehmberg, pleaded guilty to DUI, served her jail time, but didn’t quit her office, as Perry had demanded. Thus, the veto threat. Lehmberg, a Democrat, is still in office.

Perry vetoed the money.

The second indictment accuses the governor of coercion, which by my reckoning is the stronger count. He bullied the DA, using his influence to seek her resignation. She was elected by the voters of Travis County and one has to wonder why the governor took such an interest in this particular DUI case.

Well, the answer is pure politics; Lehmberg is a Democrat, Perry is a Republican.

The governor can take heart in the bipartisan support he’s acquired in fighting this case.

I look forward to seeing how the court rules on this amicus brief.

Stay tuned. The fur is going to fly.

Chief justice going soft? Hardly

Conservatives reportedly are getting itchy over some recent decisions by U.S. Chief Justice John Roberts.

Why, he’s siding with some of the Supreme Court’s liberals and that dreaded swing vote on the court, Justice Anthony Kennedy.

He’s just not the dependable conservative they thought they were getting when President Bush appointed him to the court.

http://www.politico.com/story/2014/10/john-roberts-conservative-quake-112000.html?hp=f2

These nervous nellies on the right ought to relax.

I don’t consider the chief justice to be a toady to the right. He’s now holding a lifetime job and is free from the political strings to which he was attached when the president appointed him chief justice. It might be — and it’s way too early to tell — heading down a trail blazed by other formerly “conservative” justices who turned out to be anything but.

Chief Justice Earl Warren took his seat after President Eisenhower appointed him in 1953. The very next year, the Warren Court handed down the landmark Brown v. Board of Education ruling that effectively ended segregation in the nation’s public schools systems. Ike called the Warren appointment his biggest mistake as president.

President Nixon appointed Harry Blackmun to the court in 1971 and all Blackmun did was write the Roe v. Wade decision that ruled abortion to be a protected right under the Constitution.

President Ford named John Paul Stevens to the court in 1975, thinking he was getting a conservative jurist to serve on the court. Stevens turned out to be one of the leading court liberals.

And what about Roberts? All he’s done is side with the liberal minority on the court in a 2012 vote that upheld the Affordable Care Act. It was a narrow decision that didn’t bring about the end of the world.

The Supreme Court remains a conservative body. It has three hard-core righties — Samuel Alito, Clarence Thomas and Antonin Scalia. Roberts might be tilting more toward the center, hardly to the left. Kennedy remains the pivotal swing vote. The four liberals remain dependably so: Stephen Breyer, Ruth Bader Ginsburg, Elena Kagan and Sonia Sotomayor have formed a Fearsome Foursome of liberal jurisprudence.

The hard right just needs to chill out. I doubt that the chief justice is going to turn on them. Hey, if he does, then he’s joining some pretty heady company among justices who rediscovered their consciences and their principles.

No surprise: High Court upholds Texas voter ID law

Early voting in Texas begins Monday and everyone who votes in this mid-term election will be required to produce identification that proves they are who they say they are.

This comes courtesy of the U.S. Supreme Court, which today ruled that the Texas voter ID law is valid and that, by golly, it does not amount to an unconstitutional “poll tax.”

Interesting.

http://thehill.com/blogs/blog-briefing-room/news/221166-supreme-court-rules-texas-can-enforce-voter-id-law

A federal judge in Texas had struck down the law, saying it discriminated against low-income Americans — notably African-Americans and Hispanics — who might be unable to afford such identification. The judge, a Barack Obama appointee, is a Latina jurist.

The Fifth Circuit Court of Appeals then reversed the judge’s ruling. The case then went to the highest court in the land, which today ruled 6-3 to reinstate the Texas voter ID law.

The three dissenters: Justices Ruth Bader Ginsburg (a Bill Clinton appointee), and Justices Sonia Sotomayor and Elena Kagan (Barack Obama appointees).

Ginsburg said this in her dissent: “The greatest threat to public confidence in elections in this case is the prospect of enforcing a purposefully discriminatory law, one that likely imposes an unconstitutional poll tax and risks denying the right to vote to hundreds of thousands of eligible voters.”

Those who support these laws contend that they prevent “voter fraud” and keep illegal immigrants from voting. That, too, is interesting, given that there is so little evidence of such fraud existing in Texas or anywhere else.

The reinstatement of this law is now more than likely going to stand for the foreseeable future.

We’ll see how many American citizens will be turned away from polling places across Texas. Let’s also take a look at their ethnicity, shall we?

Shoplifting accusation? This guy?

This story actually made me drop my jaw in disbelief.

Joseph Randle is a reserve running back for the Dallas Cowboys, who has been accused of shoplifting at a Frisco, Texas, mall. The misdemeanor complaint says Randle — who earns nearly $500,000 annually — tried to life some underwear and cologne from a Dillard’s department store.

http://espn.go.com/dallas/nfl/story/_/id/11699736/dallas-cowboys-rb-joseph-randle-arrested-shoplifting

This is jaw-dropping only for this reason: The guy makes a half-million bucks a year and gets accused of trying to pilfer some foo-foo and underwear!

I get that he’s not yet been proven guilty, so he’s entitled to some presumption of innocence.

Let’s get real. Some security guard and/or a camera caught someone trying to filch the goods and it turns out to be Joseph Randle.

I think this story might tell us something far more than a pro athlete’s sticky fingers … allegedly. It might speak to someone who earns a lot of money — let me repeat: a lot of money — playing a contact sport for a successful professional football franchise, but who might not have enough money in his pocket or on his credit card to pay for the items he is accused of trying to steal.

What the heck is going on with this young man?

Here's your judicial activism, Sen. Cruz

Ted Cruz brought it up, so I’ll continue running with it.

The freshman U.S. senator from Texas accused the U.S. Supreme Court of engaging in “judicial activism” when it refused to review state cases relating to same-sex marriage. Activism? Hardly. Restraint? That’s more like it.

The Republican’s silly assertion brought to mind a conversation I had in 2009 with a true-blue judicial activist, who was damn proud of his role in correcting mistakes the legislative body in his country makes on occasion.

Meet Salim Joubran, a member of the Israeli supreme court. I made his acquaintance in June 2009 while traveling through Israel with four other West Texans as part of a Rotary International Group Study Exchange. Our group met him in Jerusalem.

Judge Joubran was unapologetic about his activist nature.

His take on the court’s role in Israel is that judges have to correct mistakes that the Knesset — the Israeli parliament — makes in enacting certain laws. “We are respectful of the Knesset,” he said, “but the court’s activism is necessary.”

Joubran said that Israel doesn’t have a constitution. National law, therefore, makes it “virtually imperative that judges correct mistakes in laws approved by the Knesset,” I wrote after visiting with Joubran.

We’re proud in this country of our judicial system. I know I am. It works well most of the time. I’m not going to advocate for the form of judicial activism that Salim Joubran practices while interpreting Israeli law.

But I’m going to draw a conclusion about how some American politicians define the term “judicial activism.” It’s usually used as a pejorative by conservative pols who take issue with what they see as “liberal” court rulings.

Fine. However, conservative judges can be activists, too. I’ve already cited the Citizens United ruling in 2010 as an example of conservative judicial activism.

I cannot recall five years after meeting with Judge Joubran whether he’d be considered a liberal or conservative judge. He’s an activist — and proud of it.

I found it refreshing and, frankly, courageous.

If only more judges in this country stood up for their own activism and were willing to defend it in front of anyone who challenged them.

One more reason to detest Ted Cruz

That settles it: Ted Cruz is my least favorite of the 100 men and women who serve in the U.S. Senate.

Why the additional scorn? Well, the freshman Republican from Texas said this about the Supreme Court’s decision to refuse to review state laws banning same-sex marriage:

“This is judicial activism at its worst.”

OK, he said some other stuff too in criticizing the high court. He accused the justices of “abdicating its duty to uphold the Constitution.”

http://www.politico.com/story/2014/10/ted-cruz-supreme-court-gay-marriage-111655.html?hp=l7

Judicial activism, eh?

I think I can come up with at least one greater example of judicial activism perpetrated on this nation by the Roberts Court, one of the more so-called “conservative” courts in the nation’s history. Let’s try the Citizens United case.

Remember that one, Ted? That’s the case that determined that corporations are people, too — to borrow Mitt Romney’s (in)famous phrase during the 2012 presidential campaign. The court decided to let corporations spend all the money they wanted on political campaigns, just like regular folks. It determined that multi-zillion-dollar business interests have as much say in determining who gets elected as poor schleps like me who might want to write a $20 check to the candidate of my choice.

So, if you’re a candidate who then gets elected, who are you going to listen to more intently: the mega corporation or the individual contributor?

That, Sen. Cruz, is how I would define judicial activism.

This label often is used by conservatives to rip apart liberal judicial rulings. These critics, such as Cruz, ignore at their peril their own brand of judicial activism.

The Roberts Court showed it can be as activist as, say, the Warren Court was in the 1950s.

Cruz surely knows this.

A dear friend of mine who visited my wife and me this past weekend served in government and journalism for more than 40 years. He said of Cruz, who he described as “smart as they come”:

“Intelligence is inherited. Wisdom must be earned.”

Where's the threat to 'traditional marriage'?

So …

The Supreme Court has refused to review challenges to same-sex marriage laws in several states. “Marriage equality” proponents have proclaimed that as a victory, that it shows the highest court in the nation is comfortable with states allowing same-sex unions.

http://www.msn.com/en-us/news/us/supreme-court-declines-to-review-same-sex-marriage-cases/ar-BB7QehZ

I’ve commented already today on the shifting tide in favor of same-sex marriage.

No doubt we’re going to hear commentary from those who perceive some “threat” to traditional marriage by the expansion of the definition of marriage to include same-sex couples.

Allow me this brief look at the so-called threat.

There isn’t any.

I’ve stated already that my wife and I — and I feel comfortable speaking for her on this matter — are quite comfortable with our own union. We sealed it 43 years ago and we’re going quite strong. At no point ever in all those years have we felt threatened by those who choose to bond with others of the same sex. The gay couples we have known have their own lives and we have ours. End of story.

No, the threat to traditional marriage covers a lot more ground than this single issue. It rests with society at large, with laws that make it arguably too easy for couples to end marriages.

My own values are deeply held and are personal in the extreme. They won’t be shaken loose by those of different orientations.

I could bet real American money that I am not alone in believing that same-sex unions pose zero threat by themselves to “traditional marriage.”