#When fascists let the mask slip

[2938 Dead]

http://www.addictinginfo.org/2012/04/04/republican-judge-treats-female-
doj-lawyer-like-school-girl-orders-her-to-write-a-paper-to-embarrass-
president-obama/

[Zeppnote: Looks like Obama's innocuous remarks have the strutting
fascistic parodies of judges the right wing have bestowed on us in
towering furies of petulant rage]

Republican Judge Treats Female DOJ Lawyer Like School Girl, Orders Her To
Write A Paper To Embarrass President Obama
April 4, 2012
By Stephen D. Foster Jr.

Conservatives have been fiercely partisan the last few years. The
Republican Party has chosen ideology over what’s best for the country on
nearly every issue. Even the conservative judges at every judicial level
have abandoned objectivity to pursue partisan decisions for the
conservative agenda. And the Fifth Circuit Court is the most ideological
of all the US courts.

Department of Justice attorney Dana Kaersvang was arguing another
Affordable Care Act case on Tuesday before the Fifth Circuit when
Republican Judge Jerry Smith interrupted her and began to interrogate her
about comments previously made, and clarified, by President Obama on
Monday and Tuesday. The President said that if the Supreme Court strikes
down the health care law, it would be an unprecedented case of “judicial
activism or a lack of judicial restraint — that an unelected group of
people would somehow overturn a duly constituted and passed law.” He then
clarified his comments the next day, saying that the court hasn’t struck
down a law that “was passed by Congress on an economic issue, like health
care, that I think most people would clearly consider commerce.” But that
clarification didn’t matter to Judge Smith. He ambushed Kaersvang and
treated her like a child and even assigned a homework assignment for her
to complete in an attempt to embarrass President Obama. Here’s a
transcript via The Wall Street Journal.

Smith: Does the Department of Justice recognize that federal courts
have the authority in appropriate circumstances to strike federal
statutes because of one or more constitutional infirmities?


Kaersvang: Yes, your honor. Of course, there would need to be a
severability analysis, but yes.

Smith: I’m referring to statements by the president in the past few
days to the effect…that it is somehow inappropriate for what he termed
“unelected” judges to strike acts of Congress that have enjoyed — he was
referring, of course, to Obamacare — what he termed broad consensus in
majorities in both houses of Congress.

That has troubled a number of people who have read it as somehow a
challenge to the federal courts or to their authority or to the
appropriateness of the concept of judicial review. And that’s not a small
matter. So I want to be sure that you’re telling us that the attorney
general and the Department of Justice do recognize the authority of the
federal courts through unelected judges to strike acts of Congress or
portions thereof in appropriate cases.

Kaersvang: Marbury v. Madison is the law, your honor, but it would
not make sense in this circumstance to strike down this statute, because
there’s no –

Smith: I would like to have from you by noon on Thursday…a letter
stating what is the position of the attorney general and the Department
of Justice, in regard to the recent statements by the president, stating
specifically and in detail in reference to those statements what the
authority is of the federal courts in this regard in terms of judicial
review. That letter needs to be at least three pages single spaced, no
less, and it needs to be specific. It needs to make specific reference to
the president’s statements and again to the position of the attorney
general and the Department of Justice.

You can find the audio of the oral argument of the case here.

Notice that Judge Smith referred to the Affordable Care Act as Obamacare,
which most conservatives do when they want to speak of it in a negative
fashion. The second he used this term, he was clearly on the attack in a
partisan manner. Smith then ordered Kaersvang to write a three page paper
about what the DOJ thinks about President Obama’s remarks. This is
clearly an attack on the President by a conservative judge. Instead of
focusing on the case at hand, the judge decided to bully a female
attorney and order her to write a paper as if she were a college student
who needed to be punished. It’s insulting, demeaning and a clear
political attack.

This court has made rulings based on ideology before. According to
ThinkProgress, “when the oil industry’s allies in Congress wanted to
protect the industry from drilling lawsuits, they passed a bill trying to
force those lawsuits into the reliably industry-friendly Fifth Circuit.
When a high school cheerleader sued her school district after it made her
cheer for her alleged rapist, the Fifth Circuit ordered the alleged rape
victim to pay more than $40,000. When one of the court’s few progressives
asked a series of probing questions to a prosecutor during a court
hearing, Fifth Circuit Chief Judge Edith Jones yelled at him to “shut up”
and asked him if he would like to leave the courtroom.”

The Fifth Circuit is a disgraceful court. It puts partisan politics above
justice and the Constitution. If any court needs to be disbanded and
rebuilt from scratch, it’s this one. It’s a kangaroo court that caters to
a specific ideology and is bought and paid for by the oil industry. This
court has abused it’s authority time and time again and is most certainly
the most activist court in the nation. These judges don’t belong on the
federal bench. They don’t even belong in traffic court. These
conservative puppets no longer deserve the title of ‘your Honor.’ They
are a disgrace to the robes they wear and should be forced to resign if
they can’t be impeached. Judges are supposed to be impartial defenders of
the rule of law. They are supposed to be the final arbiters of justice
for the people. The Fifth Circuit no longer functions as such. It now
only serves the conservative agenda.

The court has gone too far to the right that even Fox News’ Legal
Analyst, Greta Van Susteren came to the administration’s defense saying,

“What I see, first of all, the judge doesn’t need this information,
and she [DoJ attorney] answered the question. It really should be over at
that point.” Explaining “I’ve never seen anything like this,” she urged
the DoJ to refuse to comply with the Judge’s request:

“I’m not so sure the Department of Justice has to comply with this.”

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Not dead, in jail or a slave? Thank a liberal!

--
“Those who make peaceful revolution impossible, make violent revolution
inevitable” -JFK

[David Hartung]

On 04/04/2012 12:50 PM, 2938 Dead wrote:
>
> http://www.addictinginfo.org/2012/04/04/republican-judge-treats-female-
> doj-lawyer-like-school-girl-orders-her-to-write-a-paper-to-embarrass-
> president-obama/
>
> [Zeppnote: Looks like Obama's innocuous remarks have the strutting
> fascistic parodies of judges the right wing have bestowed on us in
> towering furies of petulant rage]
>
> Republican Judge Treats Female DOJ Lawyer Like School Girl, Orders Her To
> Write A Paper To Embarrass President Obama
> April 4, 2012
> By Stephen D. Foster Jr.
>
> Conservatives have been fiercely partisan the last few years. The
> Republican Party has chosen ideology over what’s best for the country on
> nearly every issue. Even the conservative judges at every judicial level
> have abandoned objectivity to pursue partisan decisions for the
> conservative agenda. And the Fifth Circuit Court is the most ideological
> of all the US courts.

How would you define an "objective" judge? One who always rules your way?

[wy]

An independent. Meaning no right wingnut nor left wingers on the
court.

[Winston Smith, American Patriot]

2938 Dead <de...@gone.com> wrote on Wed 04 Apr 2012 08:50:53p

I think a case could be made to move for impeachment of this judge.


He's certainly violated rules of judicial conduct.

And if the rules of judicial conduct are not so defined, the people should
be asking why they are not!

THIS JUDGE IS ANSWERABLE TO THE AMERICAN PEOPLE, as Jefferson and other
founders wanted it so.

He should be dragged from the court building by his black robes by several
of the American people, and be forced to say that he is answerable to the
American people through the constitution of those American people. He
should also be made to read the Constitution aloud and especially articles
that relate to the judiciary.


At any rate, the officer of the court is under no obligation whatsoever to
present such a letter, and instead to demand from the judge an apology for
violating court procedure.

> Notice that Judge Smith referred to the Affordable Care Act as
> Obamacare, which most conservatives do when they want to speak of it in
> a negative fashion. The second he used this term, he was clearly on the
> attack in a partisan manner. Smith then ordered Kaersvang to write a
> three page paper about what the DOJ thinks about President Obama’s
> remarks. This is clearly an attack on the President by a conservative
> judge. Instead of focusing on the case at hand, the judge decided to
> bully a female attorney and order her to write a paper as if she were a
> college student who needed to be punished. It’s insulting, demeaning
> and a clear political attack.
>
> This court has made rulings based on ideology before. According to
> ThinkProgress, “when the oil industry’s allies in Congress wanted to
> protect the industry from drilling lawsuits, they passed a bill trying
> to force those lawsuits into the reliably industry-friendly Fifth
> Circuit. When a high school cheerleader sued her school district after
> it made her cheer for her alleged rapist, the Fifth Circuit ordered the
> alleged rape victim to pay more than $40,000. When one of the court’s
> few progressives asked a series of probing questions to a prosecutor
> during a court hearing, Fifth Circuit Chief Judge Edith Jones yelled at
> him to “shut up” and asked him if he would like to leave the
> courtroom.”

There's not much one can do or say regarding an ideological or right-wing
activist court, any more than right wingers can do or say about a left-wing
activist court.

But this judge's courtroom behavior can be called to account. This
imperiousness is INTOLERABLE, and the American people must drag that bastard
through the streets by his black robes.

> The Fifth Circuit is a disgraceful court. It puts partisan politics
> above justice and the Constitution. If any court needs to be disbanded
> and rebuilt from scratch, it’s this one. It’s a kangaroo court that
> caters to a specific ideology and is bought and paid for by the oil
> industry. This court has abused it’s authority time and time again and
> is most certainly the most activist court in the nation. These judges
> don’t belong on the federal bench. They don’t even belong in traffic
> court. These conservative puppets no longer deserve the title of ‘your
> Honor.’ They are a disgrace to the robes they wear and should be
> forced to resign if they can’t be impeached. Judges are supposed to be
> impartial defenders of the rule of law. They are supposed to be the
> final arbiters of justice for the people. The Fifth Circuit no longer
> functions as such. It now only serves the conservative agenda.
>
> The court has gone too far to the right that even Fox News’ Legal
> Analyst, Greta Van Susteren came to the administration’s defense
> saying,
>
> “What I see, first of all, the judge doesn’t need this
> information,
> and she [DoJ attorney] answered the question. It really should be over
> at that point.” Explaining “I’ve never seen anything like this,”
> she urged the DoJ to refuse to comply with the Judge’s request:
>
> “I’m not so sure the Department of Justice has to comply with
> this.”

Of course it doesn't.

And if the bailiff of the court, under the order of it, dares to effect an
arrest or to manhandle the DoJ attorney, I hope Obama orders the U.S.
marshals to draw their guns on the bailiff.

And then orders the arrest of the appeals court judge for high crimes and
misdemeanors.

It's time to deal with unlawful and outrageous extremism, especially from
right-wing spittle-spewing courts.



--
America's fascists, who are recognized by the name
"Republican" and "Teabagger," are the evil that festers
when good, decent people look on in apathy, doing nothing.

[Liberal Here]

On Apr 5, 2:21 am, Mr.B1ack <b...@barrk.net> wrote:
> .... Then 'liberals' are revealed.

Oh....the mentally challenged reichtard chimes in....with nothing. You
demonstrate the wit and wisdom of the typical garden vegetable.

[lsrlts]

On 4/5/2012 11:54 AM, Liberal Here wrote:
> reichtard
libitard

[Foxtrot]

wy <w...@myself.com> wrote:

>David Hartung <da...@hotmaiil.com> wrote:

>>
>> How would you define an "objective" judge? One who always rules your way?
>
>An independent. Meaning no right wingnut nor left wingers on the
>court.

Who gets to define independent, Weeny?

[Phlip]

Quotes Fox Noise from the bench slightly less often.