Tag: Activist Judge

Activist Judge Blocks Louisiana’s Attempt To Offer Its Citizens School Choice

State Judge Rules Louisiana School Voucher Program Unconstitutional – Fox News

Gov. Bobby Jindal’s voucher program that uses tax dollars to send students to private schools was ruled unconstitutional Friday by a state judge who said it’s improperly funded through the public school financing formula.

Judge Tim Kelley sided with arguments presented by teacher unions and school boards seeking to shut down the voucher program and other changes that would funnel more money away from traditional public schools.

More than 4,900 students are enrolled in 117 private schools with taxpayer dollars, in one of the largest voucher programs in the nation.

The judge said the method the Jindal administration, state education leaders and lawmakers used to pay for the voucher program violates state constitutional provisions governing the annual education funding formula, called the Minimum Foundation Program or MFP.

“The MFP was set up for students attending public elementary and secondary schools and was never meant to be diverted to private educational providers,” Kelley wrote in a 39-page ruling.

Superintendent of Education John White and Jindal said the state will appeal.

Jindal called the judge’s ruling “a travesty for parents across Louisiana who want nothing more than for their children to have an equal opportunity at receiving a great education.”

“On behalf of the citizens that cast their votes for reform, the parents who want more choices, and the kids who deserve a chance, we will appeal today’s decision, and I’m confident we will prevail,” the governor said in a statement.

Bill Maurer, a lawyer representing two parents with children in the voucher program and two pro-voucher groups, said he believes the decision is “not consistent with the interpretation of the Louisiana Constitution.”

Maurer said he didn’t expect Kelley’s ruling to immediately force voucher students from their private schools, because Kelley didn’t issue an injunction against the program.

It was the second legal setback this week for the voucher program that Jindal pushed through the Legislature this year as part of a sweeping education system overhaul. On Monday, a federal judge halted the voucher program in one Louisiana parish, saying it conflicts with a decades-old desegregation case.

“The political rhetoric of ‘pro-reform’ vs. ‘anti-reform’ hopefully is over,” said Scott Richard, head of the Louisiana School Boards Association. “We’re not anti-reform. We just want the political shell game to stop with public funding for public education.”

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*VIDEO* Mark Levin Discusses Free Speech, The American Flag, And The Leftist Assault On Our Public Schools

GOP Filibuster Prevents Comrade Obama From Adding Another Activist Judge To 9th Circuit

GOP Filibuster Prevents Comrade Obama From Adding Another Activist Judge To 9th Circuit – Washington Examiner

If there’s one place where what goes around comes around, it’s the United States Senate. Goodwin Liu, the Berkeley law professor nominated by Chairman Comrade Obama to the 9th Circuit Court of Appeals, is the latest to learn that lesson.

Liu’s nomination was blocked by a Republican filibuster Thursday – the first successful filibuster against a judicial nominee since Democrat-Socialists stopped all 10 of George W. Bush’s appeals court nominees from 2003 to 2005. Although no one back then could have predicted that today’s fight would be about Liu, everyone knew it was going to happen sometime. Once Democrat-Socialists crossed the line to filibuster those Bush nominees, you could bet Republicans would strike back. And now they have.

Liu was as good a target as any for the GOP. A legal scholar who has never been a judge and has little experience practicing law, Liu occupies a place on the far left side of the legal spectrum. To take just one example, Republicans are fond of repeating Liu’s assertion that the Constitution guarantees the right to “expanded health insurance, child care, transportation subsidies, job training, and a robust earned income tax credit.”

“I must have missed that,” Republican Sen. John Cornyn, a former Texas state supreme court justice, said dryly in floor remarks Thursday afternoon.

It wasn’t just Liu’s legal positions that did him in. Republicans were particularly rankled by the professor’s testimony during the 2006 confirmation hearings of Supreme Court Justice Samuel Alito. Appearing to model his remarks on Ted Kennedy’s infamous 1987 “Robert Bork’s America” speech, Liu said Samuel Alito’s America would be one in which cops kill young suspects over minor crimes, all-white juries send black men to their deaths, and federal agents terrorize innocent civilians. After his own nomination, when he had gotten a taste of criticism himself, Liu apologized, saying his language had been “unduly harsh.” But the damage was done.

In debate before Thursday’s vote, some Republicans went out of their way to say it wasn’t personal. “Goodwin Liu is a stellar individual, no question about it,” said GOP Sen. Tom Coburn, who also called Liu a “stellar scholar,” a “genuine great American,” and a “great human being.” But Coburn still concluded, “That does not qualify him to be on the Ninth Circuit Court of Appeals.”

Of course, a few years ago, Coburn and other Republicans were decrying the Democrat-Socialists’ unprecedented use of the filibuster against judicial nominees. In the Bush years, minority Democrat-Socialists stopped well-qualified nominees like Miguel Estrada and Priscilla Owen for purely political reasons – to keep conservative judges off the courts and deny Bush possible future Supreme Court candidates. Democrat-Socialists accused Estrada, Owen and others of being “divisive” and “controversial.”

There was a revealing moment in 2005, as the filibuster fight was nearing its climax, when mild-mannered Republican Sen. Robert Bennett asked Sen. Harry Reid, who was then the minority leader, “if any number of hours of debate would be sufficient” to move the Owen nomination forward. Reid’s answer was quick and sharp. “There is not a number in the universe that would be sufficient,” he said.

The message was clear. Democrat-Socialists would kill all the nominees they wanted. Period.

Finally, Republicans threatened to use their majority to put an end to judicial filibusters altogether – the so-call “nuclear option.” A bipartisan group of senators, known as the Gang of 14, convened to seek a compromise.

In the agreement that followed, the “nuclear option” was shelved and Democrat-Socialists caved on most – but not all – of the filibusters. In addition, senators pledged not to filibuster future judicial nominees unless there were “extraordinary circumstances.” It was left up to each senator to define “extraordinary circumstances.”

So now Republicans, who have allowed many liberal Obama nominees to proceed to Senate confirmation, say Liu is an “extraordinary circumstance.” Democrat-Socialists protested – they appear to be suffering from total amnesia about what they did just a few years ago – but in the end fell far short of the 60 votes needed to stop the GOP filibuster.

By the way, Comrade Obama has little standing to criticize the Liu filibuster, As a senator, he tried unsuccessfully to filibuster the Alito nomination.

So now Republicans have taken up the judicial filibuster, although they’ve done just one to the Democrat-Socialists’ 10. But there might be more in the future. When it comes to judicial confirmation fights, the rule in the Senate is always an eye for an eye.

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Governor Walker To Activist Judge: SCREW YOU!

Governor Walker To Activist Judge: SCREW YOU! – TPM

The administration of Gov. Scott Walker (R-WI) has begun implementing its controversial new law curtailing public employee unions, following a move on Friday declaring it be in effect, and despite a judge’s ruling that enjoined said implementation.

“It is now my legal responsibility to begin enactment of the law,” Secretary of Administration Mike Huebsch, a former Republican state Assembly Speaker, told reporters, according to the Milwaukee Journal Sentinel.

Huebsch said that the state will begin withholding pension and health benefits contributions from government employees’ paychecks, while also no longer automatically deducting union dues. The first paychecks to be affected will be April 21.

A week and a half ago, left-wing activist judge Maryann Sumi of Dane County (Madison) blocked the law on procedural grounds, improperly ruling that a key conference committee used to advance the bill – and to get around the state Senate fleebaggers’ cowardly flight from the state – had violated the state open-meetings law by failing to give proper 24-hours notice.

The judge’s politically-motivated order “restrain[ed] and enjoin[ed] the further implementation” of the law, including the prevention of Secretary of State Doug LaFollette (D) from publishing the act in the Wisconsin State Journal, which acts as the state’s official newspaper for the purpose of giving the public official notice of new laws – the final step for the law to take effect. That decision is now going through an appeals process, which remains up in the air.

But this past Friday, state Republicans had the bill published in a different office – the Legislative Reference Bureau, which handles drafting and research for the legislature – according to the LRB’s statutory requirement to publish legislation within ten days of enactment. Notably, the LRB itself has said that this publication does not constitute action that would put the law into effect.

But state Republican leaders, including Walker’s office and the state Attorney General, say that the law is now in effect. In addition, Huebsch told reporters that the judge’s ruling applied to LaFollette’s office, but not to the LRB and the Department of Administration.

“It’s clear that for as many attorneys as you wish to ask you are going to get an opinion on this particular law and the status of it,” Huebsch said, WisPolitics reports. “We have looked at the statutes and are defining them as clearly as we can as it states in the statute as to the requirements that must be met.”

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Irony Alert: 2 Fleebaggers Wrote Law That Wisconsin GOP Will Use To Defeat Activist Judge’s Ruling

Irony Alert: 2 Fleebaggers Wrote Law That Wisconsin GOP Will Use To Defeat Activist Judge’s Ruling – Gateway Pundit

It figures. Two Wisconsin fleebaggers wrote the law Republicans will use to defeat the political ruling yesterday by activist Judge Maryann Sumi that blocked the publication of a controversial new union law.

Activist judge Maryann Sumi issued a temporary restraining order on the Wisconsin Republican union bill on Friday.

Wisconsin Republicans will use a law written by two fleebaggers to defeat the ruling on Monday.

The Wisconsin State Journal reported:

Senate Rule 93 says that when the Legislature is in special session, “A notice of a committee meeting is not required other than posting on the legislative bulletin board.”

That’s the rule Republican leaders are citing in their contention that one of the votes leading up to passage of Gov. Scott Walker’s controversial anti-union bill was legal.

One ironic footnote: The rule was written in 1983 by two of the Democratic senators who left Wisconsin last month to avoid voting on the bill, Sen. Tim Cullen, D-Janesville, and Sen. Fred Risser, D-Madison.

The two were among 14 senators who fled to Illinois to slow down the bill, which Walker and Republican leaders were fast-tracking through the Legislature.

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Daily Benefactor News – Activist Judge Blocks Wisconsin Union Bill



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Activist Judge Blocks Wisconsin Union Bill – Gateway Pundit

Activist judge Maryann Sumi issued a temporary restraining order on the Wisconsin Republican union bill today.


JS Online reported:

Dane County Circuit Judge Maryann Sumi issued a temporary restraining order Friday, barring the publication of a controversial new law that would sharply curtail collective bargaining for public employees.

Sumi’s order will prevent Secretary of State Doug La Follette from publishing the law until she can rule on the merits of the case. Dane County Ismael Ozanne is seeking to block the law because he says a legislative committee violated the state’s open meetings law.

Sumi said Ozanne was likely to succeed on the merits.

Sumi has a history of controversal rulings.

In February 2011, in the middle of a statewide debate regarding labor unions’ collective bargaining, Judge Sumi refused the Madison School District’s request to send teachers back to work. The district asked the judge to impose a temporary restraining order to bar teachers from participating in further work stoppages. It referred to the teachers’ protests in the capital as a strike, which are illegal under state law. The judge refused to categorize the work stoppage as a strike and said that the district could not prove irreparable harm had been caused by the teachers.

And this is exactly the reason why the radical left must be defeated in election after election… So that they will not be able to place their activist judges into positions of power.

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