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    Tag: Supreme Court (page 3)

    Tax Payers, Job Providers Pledge to Defend Michigan's Constitution


    By JGillman, Section News
    Posted on Wed Sep 05, 2012 at 04:35:57 PM EST
    Tags: Too Much At Once, Remember RMGN?, Michigan, Supreme Court, Unions, Protect Union Boss Jobs Initiative (all tags)

    The Bridge thing wasn't the only thing allowed to stand.

    Lansing, MI, September 5, 2012-- Citizens Protecting Michigan's Constitution  today expressed disappointment with the Supreme Court ruling to allow the  unions so-called collective bargaining ballot proposal to go forward but pledged to continue the fight to protect Michigan's Constitution and the state's economic future against attempts by union bosses and outside special interests to hijack Michigan's constitution.

    "With the court decision behind us, the campaign to fully inform voters can begin," said Stu Sandler, Consultant for Citizens Protecting Michigan's Constitution.  "Michigan's citizens have a clear choice this November between protecting our state's constitution and economic future or returning to the failed policies of the past by handing control of the state and perhaps billions of state and local tax dollars to a handful of union bosses.

    "While we are disappointed with the Court's decision to allow a purposefully misleading and job killing proposal on the ballot, we are fully prepared and will work each and every day between now and November 6th to inform Michigan families about the real purpose behind this deceptive proposal.  If adopted this proposal would have a devastating effect on our state, but we are  confident that on Election Day voters will tell Big Labor "No!  Hands off our constitution!"

    -

    Crazy.

    Comments >>

    Upon Further Review: More Problems for Markey


    By The Wizard of Laws, Section News
    Posted on Tue Sep 04, 2012 at 10:21:07 PM EST
    Tags: Circuit Court, court of appeals, Democrat, empathy, GOP, judges, Markey, nomination, O'Brien, rule of law, Supreme Court (all tags)

    Cross-posted in The Wizard of Laws.

    The debate over the O'Brien vs. Markey race for the third GOP Supreme Court nomination has, for the most part, been respectful.  Oh sure, there are the usual hysterics because 20 years ago someone bought a ticket to a colleague's fundraiser, but these are minor and safely ignored.  I like to think of the pro-Markey crowd as best represented by Kevin Rex Heine, who at least does his homework.  [Someday, I'd like to meet Kevin and shake his hand.]  That doesn't mean I agree with him, however.  In fact, the more I study Markey's decisions, the more uncomfortable I am with the thought of her on the high court.

    (3 comments, 836 words in story) Full Story

    A Message To Our Legislators - Beware False Choices

    "Rule of Law" Should Be More Than Just A Slogan


    By The Wizard of Laws, Section News
    Posted on Thu Aug 16, 2012 at 03:25:09 PM EST
    Tags: Appeals, Colleen, courts, empathy, Jane, law, Markey, Michigan, O'Brien, rules, Supreme Court (all tags)

    Cross-posted in The Wizard of Laws.

    Two years ago, your Wizard opined on the choice Republicans faced between potential Supreme Court nominees Mary Beth Kelly and Jane Markey.  Judge Kelly, of course, is now Justice Kelly, and Judge Markey is trying again, this time squaring off against Oakland County Circuit Court Judge Colleen O'Brien.  

    Continued below the fold

    (11 comments, 1640 words in story) Full Story

    Understanding the Health Care Litigation, Part Two


    By The Wizard of Laws, Section News
    Posted on Tue Mar 27, 2012 at 12:05:35 AM EST
    Tags: Affodable Care Act, Anti-Injunction Act, Commerce Clause, Filburn, health care, individual, mandate, Necessary and Proper, Obamacare, Supreme Court, tax. penalty, Wickard (all tags)

    Cross-posted in The Wizard of Laws.

    Round one is over, and the world waits anxiously for round two tomorrow in what is the most important Supreme Court case since Brown v Board of Education, and maybe since Marbury v Madison.

    Today's Arguments

    Today the Supreme Court heard arguments on whether it should or should not decide the health care cases because of the federal Anti-Injunction Act.  This law, passed in 1867, essentially provides that a tax cannot be challenged until it is paid.  One court found that, since the penalty (the alleged "tax") imposed by the Patient Protection and Affordable Care Act (ACA) for not buying health insurance does not take effect until 2014, and since therefore no one had been forced to pay the tax yet, the challenge to the law is not yet "ripe" for decision.  

    All the parties challenging the law and the federal government agreed that the the case is ready to be decided, so the Supreme Court had to appoint an attorney, Robert Long, to argue that the the Anti-Injunction Act barred the proceedings.  Things didn't go too well for him.

    From the questioning, it was fairly apparent that the justices want to reach the merits of the ACA litigation.  Justice Sotomayor asked Mr. Long to describe the "parade of horribles" that would occur if the court decided to reach the merits.  Much fumbling ensued, leading Justice Scalia to observe "there will be no parade of horribles."  Justice Breyer pointed out that the statute calls it a penalty, not a tax, and Justice Ginsburg observed that it is not a revenue-raising measure since, if everyone obeys the law, there will be no revenue associated with the penalty.

    When the Solictor General, Donald Verrilli, argued that the penalty is not a tax, Justice Alito snagged him with the conflicting positions taken by the Administration.  To get the case heard, Verrilli argued the penalty is not a tax; but to get the law upheld, Verrilli argues the penalty is a tax, an inconsistency upon which Justice Alito seized:

    General Verrilli, today you are arguing that the penalty is not a tax. Tomorrow you are going to be back and you will be arguing that the penalty is a tax. Has the Court ever held that something that is a tax for purposes of the taxing power under the Constitution is not a tax under the Anti-Injunction Act?
    So what was Verrilli's answer to that?  It turns out, the same words can mean different things on different days:

    Tomorrow the question is whether Congress has the authority under the taxing power to enact it and the form of words doesn't have a dispositive effect on that analysis. Today we are construing statutory text where the precise choice of words does have a dispositive effect on the analysis.

    Based on the tenor of the questioning, I think there is little doubt the court will brush aside the Anti-Injunction Act in order to get to the meat of the case.

    (11 comments, 1229 words in story) Full Story

    Understanding the Health Care Litigation, Part One


    By The Wizard of Laws, Section News
    Posted on Sat Feb 18, 2012 at 06:04:06 PM EST
    Tags: Alaska Airlines, Board of Education, Brock, Brown, health care exchanges, Obamacare, Patient Protection and Affordable Care Act, severability, Supreme Court (all tags)

    The big event of the U.S. Supreme Court's 2011-2012 term -- and perhaps the most important since Brown v Board of Education -- will be the decision on the various cases involving the Patient Protection and Affordable Care Act. commonly known as Obamacare.

    The issues to be argued are known generally by the public, but few understand them in any detail.  For example, during a recent forum, the Lieutenant Governor here in the Enchanted Mitten, arguing for a state-established health care exchange, said that even if the Court finds the individual mandate unconstitutional, it will have no effect on health care exchanges, since HCEs are not before the Court.  This position is not exactly accurate.  If the Court determines that the individual mandate is unconstitutional. it will then  expressly decide whether the entire law must be struck down, including those provisions pertaining to health care exchanges.

    (5 comments, 635 words in story) Full Story

    FOIA issue needs to be resolved.


    By JGillman, Section News
    Posted on Wed Jun 29, 2011 at 11:02:27 PM EST
    Tags: FOIA, Chetly Zarko, Freedom Of Information Act, Michigan, Supreme court, Howell Schools, MEA, Mackinac Center (all tags)

    The Mackinac Center as usual is correct.  

    The inability for the Michigan Supreme court to hold government agencies to the freedom of information standards we THOUGHT we had in place as an oversight tool is a bit of a tragedy.  we should have the expectation that ALL correspondence done by our public officials on company time on government owned equipment is not private use. From a release:

    State Supreme Court Failure to Rectify Disastrous FOIA Ruling `Must Be Fixed,' Says Center Attorney

    Legislature should act swiftly to restore the intent behind Michigan's public disclosure law  


    MIDLAND -- In a setback for government transparency, the Michigan Supreme Court yesterday refused again to hear an appeal of a lower court decision that misinterpreted the Freedom of Information Act and now thwarts disclosure of improper activity by public employees. The Mackinac Center and the Michigan Press Association had filed a joint amicus brief seeking to have the state Supreme Court overturn the ruling and uphold the true meaning of the statute.

    "In one sense, the Court's decision is unsurprising, since the court rarely grants reconsideration motions," said Patrick Wright, director of the Mackinac Center Legal Foundation. "On the other hand, the Court of Appeals completely misread the law in a way that will help government officials hide criminal activity -- the exact opposite of FOIA's intent. This ruling must be fixed either by the Legislature or by the Michigan Supreme Court in a future case."

    The case was originally filed by citizen-journalist Chetly Zarko in 2007. Zarko, who passed away in 2010, was seeking public-employee emails related to a labor conflict and potential illegal politicking in the Howell School District. The Michigan Education Association subsequently filed a suit to prevent the disclosure. A trial court ruled in Zarko's favor, but the Court of Appeals overturned that decision in a manner that significantly undermined the effectiveness of FOIA, which was enacted post-Watergate to enable the public to ferret out illegal governmental conduct.

    In December 2010, the Supreme Court denied leave to appeal the decision in a 4-3 ruling. A reconsideration motion was filed by Zarko's attorneys in January and heard by a court that included two new justices.

    "If allowed to stand, this ruling decimates FOIA and cries out for a quick fix," said Wright. "We should not permit state and local governments to hide their criminal activity from those they serve."


    Understood that the court rarely reconsiders, but given the manner in which public integrity has been bolstered by FOIA activity, it is a shame indeed.  Zarko BTW, was someone who pummeled public officials (good and bad) with FOIA requests.  His best friend mentioned the room full with cases of FOIA requests that didn't even cover all of his activity.

    The spirit of that type of determination in revealing truth in government shall be missed. It was good for us and truly good for the elected officials in keeping them straight up.

    It is my hope the legislature takes the Mackinac Center's suggestion seriously, and strengthens the FOIA abilities that ultimately provide us with honest government.

    (2 comments) Comments >>

    Things could have been worse


    By JGillman, Section News
    Posted on Tue May 17, 2011 at 11:38:27 PM EST
    Tags: Indiana, Unitended consequence, Supreme court, Illegal search, 4th amendment, WRONG, constitution, SCOTUS, Lucky Us, Michigan (all tags)

    in our last election.

    The Michigan Supreme Court COULD have gone to the lefties.  It COULD have gone to those who think the constitution is a "living, breathing, document." It could have even lost some of its federalist nature AFTER the election when Maura Corrigan took on a new career as the head of DHS.  Certainly we were lucky that the election turned out as it did, and that even the replacement of Corrigan was a constitutionalist.

    Because at any given point in the last year we could have found ourselves with a laughing stock and dangerous ally of the enemies of liberty.  

    It could have become populated by those too much like the Indiana Supreme court.  Particularly when they spout such nonsense as:


    "We believe however that a right to resist an unlawful police entry into a home is against public policy and is incompatible with modern Fourth Amendment jurisprudence. Nowadays, an aggrieved arrestee has means unavailable at common law for redress against unlawful police action."

    In its Barnes v. State of Indiana decision.

    Against public policy?

    More

    (16 comments, 873 words in story) Full Story

    Good News For Michigan


    By JGillman, Section News
    Posted on Mon Jan 10, 2011 at 10:57:45 AM EST
    Tags: Brian Zahra, Michigan, Supreme Court, Maura Corrigan, Rick Snyder (all tags)

    I had hoped to be able to announce Snyder's supreme court pick on Friday, but the announcement officially came only today about two hours ago.  I have to say..  keeping a secret like this is tough!

    Worth the wait however.  As now reported in the major news outlets including the Detroit News:

    "Judge Zahra's 16 years of judicial experience and his razor-sharp intelligence will make him an outstanding addition to the court," Snyder said.

    Snyder, who campaigned as "one tough nerd" to win the governor's race in November, noted Zahra is "a self-described law geek."

    "This is a case where it's nice to say a nerd gets to appoint a geek," Snyder said at a news conference."


    Not just a nerd, but a federalist, a rule of law man, and an outright decent guy. I found it interesting that an entry in judgepedia reflected his similarity to the justice being replaced; Maura Corrigan.  Under judicial philosophy they quote him:
    "One area in which I can emphatically state we are better off today than eight years ago relates to the court system." Explaining that he shares the philosophy of Justice Maura Corrigan and the majority of the Michigan Supreme Court, Zahra said he aims to search for the rule of law and respects the separation of powers, "Leaving to the legislature the significant policy questions of the day."

    This quote came from a forum June 20, 2006.

    ~ A little more below ~

    (1 comment, 423 words in story) Full Story

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