[Editor’s note: This piece originally appeared on the Beacon Center of Tennessee’s blog.]
EXCLUSIVE: In Bid to Stop Judicial Election Corruption in Tennessee, #JustABlogger Files Complaints against 3 Supremes, Others
A United Liberty contributor alleges that three Tennessee Supreme Court justices, who all face statewide retention elections this summer, have violated state resource use laws, campaign finance and expenditure laws, and have willfully misled voters about the purpose of their campaigns, and that they have been abetted by others, including the vice chair of the state board that oversees judicial conduct.
Earlier today I filed signed and notarized copies of the complaints below under the Tennessee Code of Judicial Conduct — the judiciary’s own rules governing the professional conduct of those on the bench — with Timothy R. Discenza, Disciplinary Counsel, of the Tennessee Board of Judicial Conduct. The documents have been partially redacted to protect personal information.
There are a few ways that a policy gets to be called racist: it is intended to negatively affect one race over another, it results in a negative affect on one race over another regardless of intent, or it has historically been used to negatively affect one race over another regardless of present intent or eventual result.
The first two are justifiably used to disqualify certain policies; of course we shouldn’t enact things that are intended to or serve to foster racial discrimination. But the latter is used as a fallacious smear tactic almost exclusively against conservative and libertarian policies. If that’s how we’re going to debate, it’s long past time the historically racist origins of certain liberal policies got considered too.
Federalism gets a bad rap obviously because of slavery and Jim Crow laws. The mantle of states’ rights was used for a long time as a means to get away with any number of heinous injustices and atrocities. That is almost never the case today, yet one risks being labeled racist for suggesting it, whether the issue to which federalism is to be applied has anything to do with race or not.
Well, if the putative federalist in question is a Republican, that is. Democrats are free to cling to states’ rights when it is convenient without having to worry about similar ad hominem attacks. Even after President Obama’s hailed conversion on the issue of gay marriage, he maintains that states should be free to decide the issue themselves.
This is effectively the same position as most elected Republicans, yet he doesn’t get called names because of it. Even the President’s signature health insurance reform grants states tremendous discretion in how much of the law’s new bureaucracy to implement themselves. Has anyone called Obamacare racist?
A frequent epithet thrown around on the right is “RINO!,” Republican In Name Only, meaning that the target calls themselves a Republican but isn’t ideologically or even tactically dedicated to the party’s platform. The irony is that the such intraparty purity tests distract from the real political target: DINOs, Democrats In Name Only.
Over the last few years, our friends on the left have become increasingly brazen about how little they value actual democracy. They may be called “Democrats”, but their latent fetish for (benevolent?) autocracy and fascism (minus the mass graves…mostly) belies the name. Just last night the President “joked” about eliminating the legislative branch of our government, and on cue his Volk brayed and whinnied at the idea:
Pres addressing DNC fundraiser at San Francisco Jazz Center. Some 400 supporters paying from $500 to $15,000 each.
— Mark Knoller (@markknoller) November 25, 2013
Pres Obama said he can’t sign an Executive Order to nullify Congress, though Dem donors applauded the concept that he should.
— Mark Knoller (@markknoller) November 25, 2013
Just a couple of short years after using litigation to intimidate Boeing into either allowing new South Carolina employees to organize, or to move those new jobs to a state with stronger labor protections, two regional directors of Obama’s National Labor Relations Board asserted themselves in a labor dispute in New York earlier this year between Cablevision and the Communications Workers of America union. The NLRB, however, doesn’t have the authority to wade into the dispute because a D.C. Circuit Court ruled in January that Obama’s recess appointments to the NLRB were illegal.
Cablevision, according to the Wall Street Journal, sought emergency injunctive relief from that same D.C. Circuit Court earlier this year to stop the NLRB from trying to adjudicate the dispute in the agency’s administrative court:
Cablevision is petitioning the D.C. Circuit to issue a writ of mandamus—a direct court order—prohibiting the NLRB from proceeding with unfair-labor-practice complaints against it and its parent company, CSC Holdings. Cablevision’s rationale is straightforward: The same D.C. Circuit ruled in January that President Obama’s non-recess recess appointments to the NLRB were illegal. Thus, the board has been operating without a quorum since January 2012….
You may have heard about the recent slaying of a Texas district attorney and his wife in their home. It follows the brazen daylight killing of a prosecutor in the same county, and it has everyone on edge. This is what local law enforcement is going through:
The judge was on the phone.
“Yep, I said I’ll do anything,” Bruce Wood told the person on the other end, rubbing his forehead. “They asked me to do a eulogy. I don’t know what I’m going to say.”
Elsewhere in the Kaufman County Courthouse, a sheriff’s deputy was handing out bulletproof vests. “I brought the smallest one,” he said to a secretary, who stared at the khaki armor as he explained how to adjust the side straps should the need arise. “These have the neck for a female.”
Outside, two armed guards escorted a white-haired judge from his parked car to the mirrored doors of the yellow brick courthouse in a county where little seemed the same anymore.
“Judge! How are you doing?” shouted a reporter.
“Everybody is making do as best as we can,” he said.
In reaction to my post yesterday, and lots of other punditry around the web, my friend Rusty Weiss of Mental Recession fame (he recently celebrated six months of blogging!) emailed me to say he’s tired of having to settle for silver linings — that he want points on the board.
A lot of us — political activists, policy geeks, and court watchers alike — were disappointed with the outcome of yesterday’s ruling. We wanted a full takedown of Obamacare, for both substantive and political reasons. Instead, we got a ruling that the president’s signature legislative achievement passes constitutional muster, even if it was most peculiarly reasoned.
[Editor’s note: This post should not be construed as an endorsement of Mitt Romney or of Republican candidates for U.S. Senate or U.S. House in 2012. The author is a political media strategist by trade.]
Regular readers know I am not a lawyer, and that I do not specialize in health policy. I also did not come to Washington through Capitol Hill and am therefore no expert in parliamentary procedure. Still, I wanted to share a few thoughts on the Supreme Court’s decision to uphold Obamacare — some original, some not — and they’re not all bad.
First, here’s the opinion itself (PDF).
Second, the greatest legal minds on the left have spent the last couple of years arguing that the individual mandate is constitutional under authority granted to Congress under the Commerce Clause and Necessary and Proper Clause. The Court summarily rejected this argument, and that is great for individual liberty. Congress does not, as Obamacare opponents have argued all along, have the power to force you to buy health insurance, broccoli, or anything else. It does not have power to regulate economic inactivity.
Third, the mandate was upheld because Chief Justice Roberts wrote that the penalty for not purchasing health insurance can reasonably be construed as a tax. Because the power to tax is an enumerated power of Congress as outlined in Article 1, Section 8 of the Constitution, this provision of the law was upheld.
An interesting political point — in September 2009, fearing political blowback from pushing so hard for the law, the president flatly rejected that Obamacare constituted a tax increase on Americans during a recession:
My girlfriend Emily, fierce competitor and endurance athlete, celebrated her first “Whole Iron Woman” blog anniversary over the weekend — you can count that among one of many proud boyfriend moments!
While it’s a bit late for Valentine’s Day, gushing over one’s significant other is never out of style. Emily and I met several years ago when I was on hiatus from college and working as a bartender at a small, independent restaurant in Nashville. Unbeknownst to me, I waited on her and her family a time or two before we actually met. After being introduced by mutual friends, we went out a couple times (and by “went out” I mean I dragged her to my favorite dive bar, and then to my bi-weekly all-night poker game), and we eventually lost touch after she moved to New Jersey to work on statewide races.
What all the GOP candidates are after, are so-called ‘delegates.’Elected officials that will broker the convention of either party this fall. Officials are parcelled by the amount of votes, the candidates receive in the primary.
During Michigan’s primary recently, for instance, there were 30 official delegates, state-wide. Two were ‘at-large’ candidates, which meant they could be assigned individually to any winning candidate. The other 28 were ‘proportional’ ones, alotted through 14 congressional districts. During the push for the nominations in Michigan last night, Mitt Romney and Rick Santorum spent millions of dollars to influence the voting population; with TV ads, pamphlets, media, interviews, rallies, stickers, and much more. Michigan’s grand sum of politcal expenditure was near six million bucks.
Delegates are what really counts at the GOP convention. What looks to be happening, is that no clear winner will come out victorious. There’s a righteous number: 1444 delegates will win any nominee the victory-nod of the Republican National Committee. Nationwide, 2169 delegates are extended for contestation, until the RNC celebration in Tampa, Florida. From the RN Committee, an additional 117 delegates are added into the mix, ostensibly to keep debate lively and clear-up dead locks. So what appears, on first looks, to be a rather hot-headed and fast paced Republican rocket-launch to the RNC, is more like a jammed or misfired pistol in a duel.
Momentarily, Mitt Romney is in the lead, with 167 total delegates. Rick Santorum is second with roughly half, at 87. Newt Gingrich won only one state and has 32, while Ron Paul has 19 carefully collected delegations. The count may reshuffle at any moment, since constitutionalism and populism together, ring alarm-bells in states such as Arkansas, Kentucky, Tennessee, Texas, Oklahoma and New Mexico.