Friday, January 25, 2013

This entire court decision is highly speculative. For lots of reasons.

The first assessment of the decision is an outright and blatant dive into strict construtionist revival.

By  and 

Published: January 25, 2013

...But the court went beyond the narrow dispute (click here) over pro forma sessions and issued a far more sweeping ruling than expected. Legal specialists said its reasoning would virtually eliminate the recess appointment power for all future presidents at a time when it has become increasingly difficult to win Senate confirmation for nominees....

The law is completely clear. President Obama exercised the best course of action in filling vital positions in his administration that the Senate was determined to stop.

Under the Constitution (Article II, §2, clause 2), the President and the Senate share the power to make appointments to high-level policy-making positions in federal departments, agencies, boards, and commissions. Generally, the President nominates individuals to these positions, and the Senate must confirm them before he can appoint them to office. The Constitution also provides an exception to this process. When the Senate is in recess, the President may make a temporary appointment, called a recess appointment, to any such position without Senate approval (Article II, §2, clause 3).

The decision by the Appeals Court was based in the question as to whether the Senate was in recess. The recess in question was an empty session. A Senator called the chamber to order and then adjourned it within minutes. It was a symbolic gesture only. It was based in a political agenda to defeat President Obama in his re-election bid.

I'd like to know what all this political grandstanding actually cost the country in staff and utilities while there was no business being conducted, too.

But, the question really isn't whether or not the President was carrying out his responsibilities, he was doing it regardless of the use of the Senate Chamber for political purposes. The question actually is whether or not the Senate was in recess.

Based in history there was a recess that existed. The activities within the Senate Chamber during the time there was a recess and all Senators were absent except for the one holding the gavel. Therefore, the correct conclusion for the courts was to negate the complaint by the company Noel Canning. Even if the decision was made to negate the complaint there would be an appeal to the Supreme Court and in some ways I think that was the hope. 

The idea is for the complaint against the recess appointments was to reach the Supreme Court with a conservative majority and a strict constructionist Chief Justice making the decision. That may still happen, but, in all honesty once the appointments are voted on and put back into place the point is mute. I believe President Obama is a practical President and not an ideological one, so the decision will be mute with the placement of the same persons and I would not expect an appeal. Necessarily, unless the precedent is considered dangerous to the Presidency. Lord knows enough of that mess went on with Cheney and his coveted Veep office.

But, let's face it, this is about the Plutocracy and that is why the Faux Recess Senate Session in the first place. This is what they wanted. They wanted to blow a hole in the authority of the Consumer Financial Protection Bureau and the National Labor Relations Board. It is about Republican cronies, not the people electing President Obama. 

When examining the other decisions of this Court, it is obvious to pander to Plutocratic interests and hang their hat on hideous verbiage to make their decisions. So, in all honesty, given the Bozos on the Court, President Obama should have expected this and perhaps he did.

There was another case decided American Petroleum Institute (API) v EPA. I'll give you one guess what transpired. Here are the words and one can decide how confused these folks really are.

This case arises out of Congress’s command (click here) that the Environmental Protection Agency make predictions about a promising technology. While the program as a whole is plainly intended to promote that technology, we are not convinced that Congress meant for EPA to let that intent color its work as a predictor, to let the wish be father to the thought.

The Court took a legislative directive of Congress and turned it into a wish list. Now, either these justices simply love to play with language or they are incompetent. Because the legislation was legitimate and to allow the complaint by API an appeal in the first place is hideous. API is attempting to stop an entirely established practice of biofuels and turn it into a fantasy.

...whereas EPA looked to the start-up dates of the facilities as anticipated by the facilities’ owners....

The court decided the EPA was not making the best calculations possible as a simple calculation. EPA in fact took the methodology further in its calculations to a more precise level by actually looking at the availability of operation days of the facilities producing the biofuels and decided there was no physical way to produce 500 million gallons by 2012.

What is there to question? Was there a comma put in the wrong place and maybe a semi-colon instead. I mean what the hell?

Second, API claims that EPA’s projection derived from a methodology biased towards overstatement, inasmuch as it relied largely on statements from cellulosic biofuel facility owners, who in 2011 predicted significant production and yet generated no fuel at all.

If I owned a farm, but never owned a cow, I would never produce milk for consumption or sale. But, if I owned a farm, was provided funding to improve the community milk supply, purchased a cow and consumed and sold milk, my net output of milk would go from zero to actual 305-day yield per cow for 2007 averaged 16,539 lbs. milk. (From the 2007 American Jersey Cattle Association Annual Report).

This court decided it could pass judgement on a new burgeoning technology in a way that was draconian and obstructive. The entire complaint by the American Petroleum Institute is BULLSHIT!

This is one of the most beautiful parts of the Court proceedings.

EPA is correct that one of Congress’s stated purposes in establishing the current RFS program was to “increase the production of clean renewable fuels.”  See Pub. L. No. 110-140, 121 Stat. 1492, 1492 (2007).  But that general mandate does not mean that every constitutive element of the RFS program should be understood  to individually advance a technology-forcing agenda, at least where the text does not support such a reading.  As we observed in  American Petroleum Institute v. EPA, 52 F.3d 1113, 1119 (D.C. Cir. 1995), “EPA cannot rely on its general authority to make rules necessary to carry out its functions when a specific statutory directive defines the relevant functions of EPA in a particular area.”  Although here EPA invokes not its general rulemaking authority, but rather the general purpose of the RFS program,we think the same principle  applies: a broad programmatic objective cannot trump specific instructions.

In legislation passed by Congress with a mandate stating the EPA was suppose to usher in a new era of fuels called biofuels, this court played with words, EPA authority and Congressional mandate to CREATE its own law. This court in this paragraph seeks to nullify the actions of Congress.

EPA concluded that other sources of advanced biofuels, in particular imported sugarcane ethanol and biomass-based diesel, could make up for the 490 million gallon shortfall in cellulosic biofuel it had projected for 2012.  77 Fed. Reg. at 1,331-37.  The agency accordingly declined to reduce the applicable volume of advanced biofuels.  Id.  EPA, however, did not specify precisely how much sugarcane ethanol or biomass-based diesel it thought would be available, nor did it indicate in what combination these two sources would amount to 490 million gallons.  API asserts that this failure to provide numerical projections “reveals the arbitrary nature” of EPA’s findings and “violates the agency’s duty to provide a reasoned explanation for its decisions.”  Pet’r Br. at 45....

...For the reasons set out above, we reject API’s challenge to EPA’s refusal to lower the applicable volume of advanced biofuels for 2012.  However, we agree with API that EPA’s 2012 projection of cellulosic biofuel production was in excess of the agency’s statutory authority.  We accordingly vacate that aspect of the 2012 RFS  rule and remand for further proceedings consistent with this opinion.

The court involved has little to no real purpose except to reek havoc with legislation passed by Congress to evoke problems rather than solving them.

Realizing this Court seeks to cause problems for society rather than solve them, it is understandable why they made a decision about a faux recess in favor of a nation's needs and priorities.

Being a helicopter parent from time to time once caused by son to state, "Oh, Mom, you are the picker of the nits." Meaning I was a nitpicker. If there is anything the USA does NOT need is a court that seeks its purpose over word association to dismantle the actions of the other two branches of government. For crying out loud, what the hell difference did any of that make to a national electorate dedicating itself to bringing about an economy to live with and hope for its future?

Washington Council Meeting is cleared out by citizens when man admits he is Concealed Carry.

At the beginning of this 10 minute video, there are approximately 25 people in the room addressing gun control and when man admits he is carrying a weapon, the room empties of one Councilman and all but five citizens. If that is any indication of the national mood, the people with Concealed Carry Permits are not popular folks in their neighborhoods.

Be afraid, be very afraid.

"The invitation to my daughter's birthday party does not include your guns."

Is ALEC involved in the Election Rigging Bills? Is there really a question about that?

"The Nation" has been tracking a lot of this for some time now.

ALEC Exposed: Rigging Elections

In the heat of Wisconsin’s brutal battle (click here) over Governor Scott Walker’s assaults on unions, local democracy, public education and social services, one of his closest allies suddenly shifted direction. State Representative Robin Vos, Republican co-chair of the powerful Legislative Joint Finance Committee, determined that making it harder for college students, seniors and low-income citizens to vote was an immediate legislative priority, and pressed lawmakers to focus on enacting one of the most restrictive voter ID laws in the nation....

In the article below, The Nation states it is more than Voter ID bills ALEC has provided methods of corrupting elections.

ALEC Has Opposed "Popular Vote" Efforts Which Would Protect Against Partisan Rigging of Electoral College (click here)
by Brendan Fischer — January 25, 2013 - 9:39am
The American Legislative Exchange Council (ALEC) has actively lobbied against state plans to implement a national popular vote for president, urging state legislators to preserve the Electoral College -- which GOP legislators are now trying to rig to ensure the the next president is a Republican. In late 2011, ALEC officially changed its policy on the Electoral College to implicitly support allocating electoral votes by congressional district....

The truth and reality is in the year 2013 there is no reason to continue the Electoral College at all. Why is it states can act to rig elections for a corrupt outcome, but, can't act to remove the requirement of the Electoral College completely?

Presidential Election Laws (click here)

Article II
Section 1.
Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.

For as many times the USA Constitution has addressed elections, the elections of the Executive Branch and the vote and voter, at no time was there ever any reasonable solution brought forward to honor the voter in the 20th or 21st century by simply stating the Popular Vote will suffice. The Electoral College has the status of the Senate Filibuster, it has always been there, but, it is grossly unnecessary.

They are out of step with their peers.

Intelligence Report, Spring 2012, Issue Number:  145

The Southern Poverty Law Center (click here) identified 1274 anti-government “Patriot” groups that were active in 2011. Of these groups, 334 were militias, marked with an asterisk, and the remainder includes “common-law” courts, publishers, ministries and citizens’ groups.

Generally, Patriot groups define themselves as opposed to the “New World Order,” engage in groundless conspiracy theorizing, or advocate or adhere to extreme anti-government doctrines....

It is time to have a Director of the ATF.

ATF Acting Director B. Todd Jones (click here)

January 16, 2013

Alexandria, VA - The National Sheriffs' Association (NSA) (click here) was in attendance this morning, in a ceremony at the Eisenhower Executive Office Building, as President Barack Obama announced the Administration's new measures to prevent gun violence....

...Finally, NSA and the more than 3,000 local Sheriffs nationwide appreciate that the Obama Administration sought the input of law enforcement in addressing the issue of gun violence in this country, and that NSA's fundamental recommendation to the Administration, that "a comprehensive approach that focuses on mental health issues is the only way to prevent future tragedies," was included in the President's four-step plan. NSA stands ready to work with the Administration in any way we can to protect our children and communities by reducing gun violence.

There is a lot of paranoia about the gun initiatives to protect people from extremism. There are lies circulating through gun owners across the country about what exactly this is all about. Gun owners like to hold on to fear of government. They believe it is strength of citizenship. Strange concept, but, here again the NRA will state government officials are contained in their authority by those carrying guns. Strange bunch. But, there are myths including the idea Katrina brought confiscation of guns by authorities. 

I can't help believe the sheriffs out of step with their peers are intimidated by gun owners within their counties. They don't want to be shot.

Posted: 7:09 p.m. Tuesday, Jan. 22, 2013
By Ernie Suggs 

Cherokee County Sheriff Roger Garrison (click here) has joined a vocal set of lawmen across the nation in declaring that he will not enforce any gun control laws that he deems unconstitutional.
In an open letter, Garrison accused President Obama, Vice President Joe Biden and some members of Congress of “attempting to exploit the deaths of innocent victims” to prevent “law-abiding American citizens from possessing certain firearms and ammunition magazines.”
Some 60 sheriffs from across the country have written or signed similar letters that have been gathered on the Website of the Constitutional Sheriffs and Peace Officers Association (CSPOA), a Texas-based group that in 2011 was identified by the Southern Poverty Law Center as an anti-government “Patriot” group.
The lawmen have promised to do whatever is in their power to protect the rights of gun owners in their counties....

Why did ChaCha have a friend?

Mayor Booker is the man. He understands his city, no different than he will understand his State as a Senator. 

Cory puts himself in the way of disaster as a demonstration to the communities in Newark as to what Civil Responsibility sincerely looks like. He personalizes the human experience in Newark after so many, many years of dehumanizing government. He is remarkable. A breath of fresh air to the city.''

Mayor Booker didn't win in his first run for Mayor of Newark, but, he persisted for the next four years and won the people's trust by 2006. He invested in his mayorship. He wanted it bad enough and it is that investment we witness now in the dedication he has.

Newark had a very corrupt government before Mayor Booker. He won't speak to it because he holds pride for his city and he would never cause his citizens more distress over their reality. He seeks to lift them up, if you will. He shows people, not just that he cares, but also how to care. He is great guy. A 24 - 7 mayor and ChaCha was a very lucky dog.

Jan 25, 2013 11:12am

Booker, 43, called the dog’s owner and told them it was unacceptable to leave the dog outside in the freezing weather, WABC reported.
The owners said they were in Queens, N.Y., and did not know that Cha Cha had gotten outside. They said it was an accident and thanked the mayor for saving the dog, a new mother.
Booker, who’s exploring a run for U.S. Senate,  later tweeted the reporter, “Because of you that dog was rescued. Thank you for reaching out. Thank u for your kindness.”
This is not the first time Mayor Booker has come to the rescue.
Booker returned home one evening in April to find flames shooting out of his neighbor’s home. A woman screamed that her daughter was still inside....

Mayor Booker needs to begin to address his ambitions, Senator Lautenberg already is. This picture of Senator Lautenberg is from 2009; has he been back since then? The rule is cities do better when they receive the federal help they need. 

By Brent Johnson/The Star-Ledger 
January 24, 2013 at 7:50 PM, updated January 25, 2013 at 8:46 AM

Lautenberg, New Jersey’s veteran U.S. senator, today criticized Booker for his performance as Newark mayor, according to a post on
“He’s got a lot of work to do — a lot of work that should have been done and hasn’t been done,” the state’s senior senator reportedly said of Booker, a fellow Democrat who has announced he may run for Lautenberg’s seat in Congress in 2014.Lautenberg called Newark a “city in desperate need of attention,” according to the report....

The Jindal of 2013 has discovered the benefit of a war on poverty in his own state in only eleven months.

Bobby Jindal, GOP Leaders Aim to Rebrand the Republican Party (click here)

Louisiana governor says GOP must stop being 'party of stupid'


January 25, 2013

After suffering unexpected electoral setbacks in the Senate and losing the presidential race, Republican Party officials gathered at their winter meeting in Charlotte, N.C., are exploring ways to rebound and re-build their brand.

Perhaps inspired by the popular, tough-talking New Jersey Gov. Chris Christie, Louisiana Gov. Bobby Jindal used his keynote address Thursday to call out the weaknesses he sees in the GOP and share his vision for the future.
"We seem to have an obsession with government bookeeping; this is a rigged game and it's the wrong game for us to play," he said. "Balancing government's books is a nice goal, but that is not our primary objective. Our objective is to grow the private sector. We must not become the party of austerity. We must be the party of growth."...

The Katrina reference is a lie and Jindal never rebuts it. The GOP lies about many, many things. The Governor of Louisiana never issued a martial law order after Katrina hit. It never happened. The Governor at the time of Katrina was Kathleen Blanco, a Democrat. Why lie? Why not, especially if it means winning elections.

Legal answers for New Orleans residents (click here)

Law experts weigh in on where authorities, citizens stand

Thursday, September 8, 2005; Posted: 7:03 p.m. EDT (23:03 GMT)

WASHINGTON (CNN) -- A catastrophe such as Hurricane Katrina has shown how lines of authority can become blurred when it comes to handling an emergency. CNN spoke with a number of legal experts to discuss the law governing the removal of residents from New Orleans.

Q. Has martial law been declared in Louisiana?

A. No.

"People are using that term far too loosely," said Duke University School of Law professor Scott Silliman. "Martial law can only be imposed by a governor or the president of the United States when there is a total absence of any governing authority (meaning no courts, etc). Martial law allows the federal military to come in to preserve the country."

This has not happened....

The "You Tube" video is some kind of creative marketing whether in the market for sweaters or Shetland Ponies.

January 25, 2013
2015 gmt
The Weather Channel temperature map

Save Scotland from Donald Trump

Breeders of standard Shetland ponies, with emphasis on temperament, movement & conformation (click here)

Traditional and Contemporary knitwear direct from the highly skilled knitters in the Shetland Islands (click here)

US Drought Monitor 
January 22, 2013

Just because there are cold temperatures and even snow and ice doesn't mean the drought ends. When snow and ice sublime into water vapor (fog) when the air turns unseasonably warm again; it does not interpret into the end of a drought.

Why weren't the taxpayers of Naperville given a choice?

Ms. Stahl is to the left and Ms. Bendis to the right. 

Ms. Stahl was arrested for non-violently attempting to obstruct a utility worker from installing a wireless meter while the existing meter was working flawlessly. 

Ms. Bendis was arrested for videotaping the meter workers.

This is crazy. Mothers are being arrested because they have legitimate complaints about a utility meter? This is nuts. 

Sounds like home invasion to me.

These complaints are legitimate in that their financial security of their homes and households could become known through the wireless meters installed on their homes. The City of Naperville is imposing a utility right of way that carries over into the Right of Privacy of the homeowners. It is invasion of privacy. The imposition of the device is abuse of power. It doesn't get more obvious than this.

The meters will reduce employment costs and cause unemployment by the utility, too. Just because technology 'seems' right and best doesn't mean it is appropriate in defense of citizen's right.

This reminds me of an #Occupy issue. These 'wavelength' complaints may carry brevity as well. Certain wavelengths are known to cause cancers. So, if people don't want this near or in their homes, they have a right to privacy and their own sanity.

It looks like a State Legislative issue. The lower courts would rule in the property rights "Right of Way" of the utility, while the higher courts would seek to empower the homeowner's right of privacy, better defining their right of ownership. But, the best and quickest method to resolve this is the State Legislature upholding the right of homeowners to their right of privacy in their own homes. If legislators can't see their path clear to defend the homeowner while still allowing the MAINTENANCE rights of the Utility Right of Way, then they need to elect a better legislature.

Posted on  by Amy
Jennifer Stahl (click here) has been a strong advocate against the smart meter program in Naperville, Ill., for the last two years. The issue came to a head Wednesday afternoon when she was arrested while refusing to let the utility workers install the controversial device....

The Illinois Commerce Commission is where the utility authority is housed. The Illinois Commerce Commission has to bring restrictions on Homeowner Privacy up to speed. Depending on the autonomy of the Commission in regard to making regulations to protect privacy of homeowners they may be able to make changes without the legislature. My guess that is not the case, however, the Commission should have a 'Shareholder' group to empower the consumers.

At first glace, the wireless meter does not look well researched in protecting the information obtained by the meters or the health risks involved with it. In that lies the understanding these meters are outside the realm of appropriate for use. While this meter is specifically designed to eliminate payrolls from the utility there is no direct benefit to the consumer and if one works as a Meter Reader for the utility there is absolutely no direct benefit. But, that sincerely is not the issue. 

These meters need to be researched to prevent abuse of the information it gathers. If a utility wants to know where the peak hours exist, that information is not new. The mechanical meters were reliable and the demand on the utility was well known without problems. The issue here is then why are the new meters an advantage to the utility if residents feel threatened by them. The real truth is the health risks of wireless capacity is still in flux. So, the compliant these meters are a health risk is not simply dismissed. There are sincere problems with the wireless meters and the people need to be respected in their concerns, a shareholder group would bring these complaints to the authority of the commission and the commission could bring that to the state legislature where it is not otherwise addressed.

The concerns of these lovely ladies need to be taken seriously and handled appropriately until everything is known, accepted as fact and under control. They aren't asking that much. They want a safe and secure home for themselves and their families. That is not outrageous. Not at all.

If I these ladies, I would be looking to sell the house and move away from this abuse of power by the utility. I am sure they will pay for the new meters in the future through rate hikes if they don't already. The replacement of the meters was completely unnecessary. It is abuse of the citizen.

I can't think of a more appropriate idea. Once the gun lobby gets finished with the country we need a walk for life.

Walk for Life (click here)

Soft targets. Children and babies are soft targets for the politically driven right wing. They favor oppressing women by removing abortion rights and closing abortion clinics. 

But, they also favor dangerous laws such as unregulated gun ownership and the death penalty. If that isn't a joint partnership don't ask me what is. Pick up a gun, be empowered to kill and face the death penalty. The gun will have come full circle.

This movement has endeared very dangerous people willing to kill to stop physicians. Bombs. Guns. They are all a part of "Walk 4 Life." While this is a somewhat benign appearing endearment for some women, it has allies that disregard life and citizen rights. They are rebels.

The inconsistency in the message of these values doesn't bring allies. Americans don't like to be hypocritical. The people backing these bizarre alliances in values are those often without a political voice at all. So, the Pro-Lifers take on the mantle of Pro-Gun Zealots and Pro-War cronies in order to find political power. Each constituency would never find that political defense, but, as an alliance they offer politicians money for elections and numbers to be elected. It isn't corrupt, but, in all honesty none of these values as a party have any cohesion to a legislative agenda that works for the country.

If "Walk 4 Life" wants to end abortion, then it is called sex education and contraception.

If "Walk 4 Life" want to end abortion, then stop teen pregnancy. Give women a reason to value their career over their sexual prowess. Give women esteem and power outside their physical attributes.

Basically, women require choice. Choice is not an option. For women, parenting is a choice and not an imposition. Their bodies require FREEDOM and not state imposed oppression.

Is it too much to ask to be paid or paid a fair wage?

Oh, overtime. I'll be darn. See, the employees needed to actually leave on time and go to their second and third jobs.

North Carolina needs to conduct these assessments across the spectrum of industry in North Carolina, including hospitals.

US Labor Department initiative combats widespread labor violations in North Carolina’s residential care industry

RALEIGH, N.C. — An ongoing enforcement initiative conducted by the U.S. Department of Labor's Wage and Hour Division that focuses on the residential care industry in North Carolina has found widespread violations of the Fair Labor Standards Act's minimum wage, overtime and record-keeping provisions, particularly among group home facilities in the counties of Buncombe, Cumberland, Forsyth, Guilford, Mecklenburg and Wake....

No recordkeeping? Joking. 

Diversified Interiors of Amarillo, Texas, pays 63 employees more than $76,000 in overtime back wages following US Department of Labor investigation (click here)

An investigation by the division’s Albuquerque District Office found that the employer failed to pay employees required overtime premium for hours they worked beyond their scheduled workdays. Hours spent traveling to and from work sites, and any unscheduled hours that employees worked beyond their normal shifts, were paid at straight time rather than the time and-one-half of the employees’ regular rates of pay required by the FLSA when employees work beyond 40 hours in a workweek. Overtime hours that were scheduled had been paid at time and-one-half. Employees were shorted their overtime premium when the extra hours worked were unscheduled. The company also failed to maintain the required record keeping....

The steeple is over the top in a war zone. Give me a break.

Quite frankly it looks like a ready target. I don't really care what it took to have it removed. A Chapel is for the practice of any religion. Everyone needs to get over it. The Chapel hasn't gone anyway. Complaints about the removal of it are stupid. Wah, wah, wah, wah; the trials and tribulations of the Christian; they never end. I thought Christians had saints that make appearances, so pray for one. Maybe that is just the Catholics. I am sure it will be notable to everyone.
U.S. military commanders (click here) in Afghanistan on Thursday ordered the removal of a steeple and crucifix erected over a remote American base in the Muslim country after a soldier deployed there noted that the symbols violated Army regulations, and could reinforce suspicions that the United States is fighting a holy war.
It is unclear how long ago the Christian symbols at the chapel at Forward Operating Base Orgun-E had been in place. In terms of religious displays, they are hardly ostentatious — a cross on a small rooftop steeple and cross-shaped windows in the doors. But Sgt. Joel Muhlnickel was alarmed by the symbolism at Orgun-E, especially the cross that rises up over the rooftops at the base....