Divernan
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Member since: 2002
Number of posts: 15,480
Number of posts: 15,480
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Live Blog of Opinions, June 30, 2014 LIVE
Source: Supreme Court of the United States blog At 9:30 a.m. on Monday we expect orders from the June 26 Conference, followed by opinions in argued cases at 10:00 a.m. We will begin live-blogging at this link at approximately 9:15 a.m. The only remaining undecided cases of the Term are Burwell v. Hobby Lobby and Harris v. Quinn. - See more at: http://live.scotusblog.com/Event/Live_blog_of_opinions__June_30_2014#sthash.vXje5Qmc.dpuf Both decisions from Alito. Harris is first. In Harris, the Court refuses to extend Abood. These employees can't be required to contribute to unions. This case does not involve full-fledged public employees, the Court notes. The majority opinion is 39 pages. The dissent is 25. The Court recognizes a category of "partial public employees" that cannot be required to contribute union bargaining fees. Kagan writes for the dissenters. The four liberal Justices are the dissenters. The vote is 5-4. It remains possible that in a later case the Court will overturn its prior precedent and forbid requiring public employees to contribute to union bargaining. But today it has refused to go that far. The unions have lost a tool to expand their reach. But they have dodged a major challenge to their very existence. The opinion is here: www.supremecourt.gov - See more at: http://live.scotusblog.com/Event/Live_blog_of_opinions__June_30_2014#sthash.vXje5Qmc.dpuf How shocked would you be, on a scale of 1 to Andy-Kaufman-Is-Alive, if Justice Alito writes an opinion where Hobby Lobby loses? Kagan dissent in Harris is strongly critical of dicta re Abood's supposed weaknesses. - See more at: http://live.scotusblog.com/Event/Live_blog_of_opinions__June_30_2014#sthash.vXje5Qmc.dpuf (Here is Hobby Lobby) This is a 5-4 opinion. The Breyer and Kagan opinions are, to be clear, separate dissenting opinions. Breyer and Kagan each filed a dissenting opinion. Ginsburg joined by Sotomayor and joined in part by Breyer and Kagan. There are three dissenting opinions. Ginsburg dissents; it is 35 pages. Decision looks like a monster: 49 pages for the majority, four for Kennedy concurrence. Here is more qualification: It does not provide a shield for employers who might cloak illegal discrimination as a religious practice. - See more at: http://live.scotusblog.com/Event/Live_blog_of_opinions__June_30_2014#sthash.vXje5Qmc.dpuf Here is a further attempt at qualification: This decision concerns only the contraceptive mandate and should not be understood to mean that all insurance mandates, that is for blood transfusions or vaccinations, necessarily fail if they conflict with an employer's religious beliefs. Justice Kennedy's concurring opinion says that the government could pay for the coverage itself, so that women receive it. The Court says that the government has failed to show that the mandate is the least restrictive means of advancing its interest in guaranteeing cost-free access to birth control. RFRA applies to regulations that govern the activities of closely held for-profit corporations like Conestoga, HL and Mardel. Closely held corporations cannot be required to provide contraception coverage. Here is Hobby Lobby. - See more at: http://live.scotusblog.com/Event/Live_blog_of_opinions__June_30_2014#sthash.vXje5Qmc.dpuf Read more: http://live.scotusblog.com/Event/Live_blog_of_opinions__June_30_2014 NOTE: All the entries in "Excerpt" portion are from the link - not my opinions or comments. |
Posted by Divernan | Mon Jun 30, 2014, 10:02 AM (1 replies)
HRC charges $225,000 fee to Univ. which just had to raise tuition 17%
Yes, she's charging this speaking fee to a university which just announced a 17 percent tuition increase over the next four years! Way to win the youth vote, HRC! And this aspect cannot be emphasized too much: Although the engagement was confirmed on behalf of the Bill, Hillary and Chelsea Clinton Foundation, a university spokesperson is quoted below as stating that "the money will not go to the family philanthropy."Remember that huge New York Times expose on the problems in the Clinton Foundation because no clear lines were being drawn between work for the foundation and work being done for personal and/or campaign activities? Well, that problem has obviously not been addressed.
Elias Benjelloun, UNLV’s undergraduate student body president, told the Las Vegas Sun this month that the school's trustees were trying to improve its offerings 'on the backs of students.' Read more: http://www.dailymail.co.uk/news/article-2667421/225-000-Thats-obscene-Hillary-Clinton-collect-massive-speaking-fee-Nevada-university-students-grapple-tuition-hikes.html#ixzz35mrJuxHo http://www.lasvegassun.com/news/2014/jun/06/over-student-objections-tuition-unlv-going-17-perc/ Former Secretary of State Hillary Clinton will collect a $225,000 speaking fee from the University of Nevada, Las Vegas in October, it emerged on Tuesday. http://www.dailymail.co.uk/news/article-2667421/225-000-Thats-obscene-Hillary-Clinton-collect-massive-speaking-fee-Nevada-university-students-grapple-tuition-hikes.html The UNLV Foundation Board of Trustees is paying Clinton's $225,000 speaking fee to the Harry Walker Agency, which books her public appearances, according to the Las Vegas Review-Journal. The $200 per plate dinner will include some attendees paying as much as $20,000 for special sponsorships that include a private photo session with Hillary Clinton. http://www.reviewjournal.com/news/hillary-clinton-collect-225000-keynote-unlv-fundraiser |
Posted by Divernan | Thu Jun 26, 2014, 06:41 PM (54 replies)
Urgent Recommendations For Tesoro Refinery Safety Were Suppressed
Source: KUOW Radio,based in Seattle,serving Puget Sound In the months following a deadly refinery explosion in Anacortes, Washington, in April 2010, federal investigators with the U.S. Chemical Safety Board were ready to issue urgent safety recommendations. But management at the agency blocked the release of their urgent alert. It then took the Chemical Safety Board another three and a half years to issue recommendations for making the Tesoro refinery in Anacortes safer. Those are some of the scathing conclusions of a Congressional inquiry into mismanagement at the Chemical Safety Board. The independent board investigates explosions and other chemical accidents and is modeled after the National Transportation Safety Board. The Chemical Safety Board issued its report in May on the Tesoro blast in Anacortes, four years after the explosion killed seven. Read more: http://kuow.org/post/report-urgent-recommendations-tesoro-refinery-safety-were-suppressed This explosion killed SEVEN people. The report details that an investigation by the House Committee on Oversight and Government Reform and the House Committee on Science, Space and Technology found:
The Congressional inquiry found that Moure-Eraso and Chemical Safety Board managing director Daniel Horowitz blocked the recommendations from release in September 2010, even though they had already been peer-reviewed. |
Posted by Divernan | Tue Jun 24, 2014, 10:13 PM (5 replies)
That incident is a fascinating glimpse of how dysfunctional the Clinton family is.
Everything is seen through the lens of gaining economic or political advantage. Given the bizarre marriage of convenience between Bill & Hillary, i.e., her enabling (through constantly ignoring them or, when publicly confronted with them, ridiculing & blaming Bill's victims) her husband's serial adulteries, Hillary is unable to grasp that announcing a pregnancy can be a tender, romantic, proud moment shared between a husband and wife. Apparently, Chelsea, having grown up in this dysfunctional family, and believing that her mother always knows best, went right along with this staged announcement. And although Hillary was not then an official candidate, boy howdy, she managed to spin her impending grandparent hood to drive home how this proves how much she will now care about the future of American kids.
HRC even had the balls to claim that if the project under discussion at the Microsoft sponsored (BIG CORPORATION DOES FAVOR FOR HILLARY - WHAT IS EXPECTED IN RETURN?) event was successful enough, " so that maybe our grandchild will not have to be worried about some of the things that young women and young men worry about today. Will some of her adoring supporters get through to HRC that a Clinton grandchild, being raised by multi-millionaire parents, and in line to inherit tens of millions of dollars, will no way in hell be "worried about some of the things that young men and women worry about today." http://www.politico.com/story/2014/04/chelsea-clinton-pregnant-105791.html In a joint appearance, Chelsea and Hillary Clinton announced Thursday that Chelsea is expecting her first child later this year. Speaking at a No Ceilings event, sponsored by the Clinton Foundation and Microsoft, the Clintons addressed women’s issues with moderator and actress America Ferrera at the Lower Eastside Girls Club in New York City. At the end of the event, Chelsea Clinton expressed how inspiring she found the audience of women — for multiple reasons. The former secretary of state beamed as her daughter announced the news of her grandchild, “which I’m really excited about,” she said. Connecting the news to the topic of the day, Hillary Clinton said it made the efforts of No Ceilings more pressing. “It makes this work even more important,” Clinton said. “Even in the course of my life, I’ve seen a lot of progress, but I want to see us keep moving, and certainly for future generations as well, so that maybe our grandchild will not have to be worried about some of the things that young women and young men worry about today. So obviously, we are very excited about what’s happening in our family, but we’re also very excited because of what we’re doing that we hope gives confidence and support to so many of you across our country.” Read more: http://www.politico.com/story/2014/04/chelsea-clinton-pregnant-105791.html#ixzz35b2T0200 |
Posted by Divernan | Tue Jun 24, 2014, 06:08 PM (0 replies)
That little 6th grade girl in Arkansas never got justice, did she?
Hillary Rodham Clinton often invoked her “35 years of experience making change” on the 2008 campaign trail, recounting her work in the 1970s on behalf of battered and neglected children and impoverished legal-aid clients. (from Newsday, via http://sweetness-light.com/archive/hillary-versus-the-allegedly-raped-child#.U6C1YUB5uSq Two years into her career of making change and having Day One-readying experience, 27 year old Hillary Rodham was appointed a public defender in a rape case, and played out deep in the gray areas of morality by attacking the 12-year old victim's credibility. Though nobody involved in the case can recall a shred of evidence that the victim had any sort of history of making false claims, Hillary argued it as a centerpiece of her case anyway. And conveniently omitted this aspect of the case from her 2003 book, "Living History."
http://www.dailykos.com/story/2008/02/24/463280/-Wow-Clinton-Attacked-12-Year-Old-Rape-Victim-s-Credibility-UPDATED Hillary believed her 41 year old client to be guilty of luring a 12 year old girl into his automobile, plying her with alcohol and sexually assaulting her. “I had him take a polygraph, which he passed—which forever destroyed my faith in polygraphs,” she is heard telling Reed, punctuating her comment with a laugh. In a July 28, 1975 affidavit, "Clinton attacked the credibility of the young alleged victim, claiming that she was 'emotionally unstable' and had a 'tendency to seek out older men and engage in fantasizing.' Isn't that pretty much how she dismissed Monica Lewinsky's allegations? We all know what happened to Monica. I wonder what happened to that poor 12 year old girl in Arkansas. She sure as hell never got justice, did she? HRC gets a child rapist a reduced sentence (2 months for time served), laughs about it, and there are people here who, even with the ready excuse of it being a long time ago, cannot bring themselves to criticize Clinton. Amazing. Incredibly disturbing, but amazing. The defense prevailed, Clinton told Reed, when she realized that the crime lab had woefully mishandled the girl’s bloody underwear—a key piece of evidence. http://freebeacon.com/politics/the-hillary-tapes/ and from another source: Clinton recounts how she took what remained of the (bloodied) underwear to a renowned forensics expert in New York to have him confirm that the remnants were unsuitable for confirmation testing. She tells the interviewer how she returned to Arkansas with a letter from the expert and a clip of his biography from “Who’s Who.” |
Posted by Divernan | Tue Jun 17, 2014, 06:13 PM (0 replies)
"Historical revisionism" is a generous description of her many "Misspeaks"
[blockquote “I actually write about Rahm in the book,” Clinton said. “I asked him not to read it before we sat and did our interview! But it was in the very first chapter, the chapter I rightly call ‘Team of Rivals’ because that’s what it was in the beginning. A senator from Illinois ran against a senator from New York just as had happened way back with a senator from Illinois named Lincoln and a senator from New York named Seward. And it turned out the same way.”
Lincoln never was a senator. He lost that election to Stephen A. Douglas after the Lincoln-Douglas debates. http://www.wlsam.com/common/page.php?feed=11&pt=Another+Clinton+gaffe+at+Chicago+appearance&id=102033&is_corp=0 Then we have the dodging sniper fire when landing in Tusla. “I certainly do remember that trip to Bosnia,” she said, in remarks that aides described Monday as not being part of her prepared speech. “I remember landing under sniper fire. There was supposed to be some kind of a greeting ceremony at the airport, but instead we just ran with our heads down to get into the vehicles to get to our base.” http://www.nytimes.com/2008/03/25/us/politics/25clinton.html?_r=0 Admitted "Misstatements" • Chelsea was jogging around the Trade Center on Sept. 11, 2001. (She was in bed watching it on TV.)
• Hillary was named after Sir Edmund Hillary. (She admitted she was wrong. He climbed Mt. Everest five years after her birth.) • She was under sniper fire in Bosnia. (A little girl presented her with flowers and read her a poem at the foot of the ramp.) • She learned in The Wall Street Journal how to make a killing in the futures market. (It didn't cover the market back then.) "Historical Revisions" she has never admitted to or corrected • She didn't know about the FALN pardons. http://www.realclearpolitics.com/articles/2008/03/hillarys_list_of_lies.html Now all the HRC supporters may take umbrage at these examples, but these will all be thrown in her face and spread across the net if she is the presidential candidate. Some of her errors are mundane, but many are not, and all are self-serving. With her Harvard law degree and her training and work as a lawyer, she well knows that words matter. Or as another well-trained and experienced lawyer famously said, "It depends on what the meaning of "is" is. Add to this the to-be-expected, painstaking review of why she was fired from the House Judiciary Committee staff investigating Watergate. She could have learned from that experience. Too bad she didn't. http://www.eohistory.info/2013/hillaryHistory.htm |
Posted by Divernan | Sun Jun 15, 2014, 10:49 AM (2 replies)
Hall of Famer Chuck Noll dies at 82
Source: ESPN - Pittsburgh Steelers icon Chuck Noll, the only coach to win four Super Bowls, died at his Pittsburgh-area home Friday night. He was 82. The Allegheny County Medical Examiner said Noll died of natural causes at 9:45 p.m. ET. Noll went 209-156-1, including the postseason, while coaching the Steelers from 1969-91. The hiring of Noll, a one-time assistant coach to Sid Gillman and Don Shula, set the Steelers on a path to greatness. He led the team to four Super Bowl titles from 1975-80, and he became every bit as revered in Pittsburgh as stalwarts from those teams such as "Mean" Joe Greene and Franco Harris. "Chuck Noll is the best thing to happen to the Rooneys since they got on the boat in Ireland," Art Rooney Jr., the oldest son of Steelers founder Art Rooney Sr., said, according to the Pittsburgh Tribune-Review. Read more: http://espn.go.com/nfl/story/_/id/11080732/legendary-pitsburgh-steelers-coach-chuck-noll-dies-82 Those were indeed Glory Years here in the Burgh and for the Steelers Nation fans around the globe. RIP, Coach. |
Posted by Divernan | Sat Jun 14, 2014, 09:43 AM (2 replies)
Company That Caused Historic Chemical Spill Leaks More Waste Into West Virginia Waters
Poor West Virginia - just CANNOT catch a break from corporate environmental polluters.
God only knows how long this overflow was happening. One doubts that state DEP inspectors checked this site on a daily or even a weekly basis. The company respsonsible has claimed bankruptcy protection so is immune from further lawsuits - and most probably has cut their expenses by neglecting maintenance of their equipment, like the failed pump! The spill wasn't "experienced" on Thursday. It was simply noticed for the first time on Thursday! http://thinkprogress.org/climate/2014/06/13/3448678/freedom-industries-spills-again/ The company responsible for letting 10,000 gallons of a mysterious chemical seep into West Virginia’s water this past January experienced another spill at its site on Thursday, this time from an overflowing trench of potentially contaminated stormwater, according to state officials. http://www.wowktv.com/story/25767984/water-testing-underway-near-wva-site-of-spill The new spill happened on the same day that West Virginia American Water announced that all 16 carbon filters at its water treatment plant had been replaced, showing no more trace amounts of crude MCHM lingering from the initial spill. Six months after the initial spill, many West Virginia residents were still not drinking their water for fear of continued contamination. The company responsible for the contamination, Freedom Industries, is currently going through a Chapter 11 bankruptcy spurred by the events of the January spill. The bankruptcy shielded it from lawsuits, and since then the company has been increasingly opaque — essentially only breaking its silence to revise spill numbers and admit that more than one chemical had actually spilled. |
Posted by Divernan | Sat Jun 14, 2014, 07:41 AM (21 replies)
Gov. Corbett's use of outside legal counsel tops $100 million in 3 years.
Corbett is a classic example of a man who never hires people who are more intelligent or accomplished than himself, and that sets the bar pretty damn low, as witnessed by the 2 guys he's appointed as General Counsel and First Deputy Counsel of the Governor's Office of General Counsel. (These appointments are not subject to State Senate approval.)
For the past 30 years, there has been an absolute glut of law graduates from top tier law schools: lawyers who were Law Review editors, Moot Court champions and clerked for state supreme court justices or federal appellate judges. Corbett avoided this impressive and accomplished pool of candidates and chose James Schultz and Jarad Handelman to head this agency which bills itself as: Pennsylvania's Law Firm But hey - they both played undergrad football! From their photos, looks like they were fullbacks and are both still on steroids. Schultz has the chutzpah to include in his professional bio that he was a "student law clerk" for a state supreme court justice. That is not a REAL law clerk - REAL law clerks are full time employees of judges and actually write opinions. I was a student law clerk for a Third Circuit Appellate Judge. Easy peasey, boys and girls. I signed up for the opportunity at registration time, and one afternoon a week, for one semester, I got to sit in (with my mouth shut) on the judge's conferences with his REAL law clerks. Easiest 2 credits I earned in law school. I have never seen any lawyer include such a student situation in a resume. That would be a lawyer's equivalent of "I'm not a real doctor, but I played one on TV." Pathetic! Full disclosure - (Dem.) Rendell made copious use of outside law firms as well, and (GOP)Dick Thornburgh was even investigated for this while governor. When a governor is a lawyer, they like to grease that old revolving door to their former or future employers. Corbett is a crap lawyer who lets his ego, uninformed by legal acumen, dictate his choice of legal battles. He has employed lawyers lacking the balls and/or the brains to persuade him otherwise. This has resulted in the loss of millions of taxpayer dollars. My suggestion: Outside counsel should be hired on the basis of no win/no fee. The Edgar Snyder approach: "No charges unless we get money for YOU!" HARRISBURG — Pennsylvania employs 498 attorneys at $46 million, but taxpayers spent $32.7 million last year on outside lawyers — and recently ponied up $2 million for private firms to handle three high-profile cases the state lost, records show. Read more: http://triblive.com/politics/politicalheadlines/6201767-74/state-outside-corbett#ixzz341YJmfXz Follow us: @triblive on Twitter | triblive on Facebook |
Posted by Divernan | Sun Jun 8, 2014, 03:13 AM (0 replies)
Protestors force Govs. Christie/Corbett to duck out the back
TWO FOR THE PRICE OF ONE! Protestin' that is! Two notoriously Republican governors were protested today at the iconic Pittsburgh restaurant, Primanti's.
Re-electing fellow Republican Gov. Tom Corbett is “a top priority” for the Republican Governors Association, New Jersey Gov. Chris Christie said during a campaign event at Primanti Brothers in the Strip District on Friday afternoon. Christie, chair of the RGA and a potential GOP presidential contender, said he is willing to spend “a lot of money” to see Corbett remain in office. Read more: http://triblive.com/news/adminpage/6236412-74/corbett-republican-christie#ixzz33tRYliKO Follow us: @triblive on Twitter | triblive on Facebook |
Posted by Divernan | Fri Jun 6, 2014, 04:36 PM (7 replies)