Judge Strikes Down Part of Calif. Law (restricts banks from selling data)

[The Sushi Bandit]

http://channels.isp.netscape.com/news/story.jsp?flok=FF-APO-1333&idq=/ff/story/0001%2F20051004%2F2316870767.htm&sc=1333&floc=isp-42&related=off&from=money

SACRAMENTO, Calif. (AP) - A federal judge on Tuesday struck down part of a California law that restricts banks from selling consumers' private information to their affiliates, ruling that the state law is pre-empted by federal rules.

The American Bankers Association, the Financial Services Roundtable and Consumer Bankers Association had sued California Attorney General Bill Lockyer, arguing that the federal Fair Credit Reporting Act already regulated their ability to sell such information to affiliates in other lines of business.

<snip>

``The Bush administration and the banks have mounted a concerted campaign to strip consumers of strong protections afforded by state law and to leave them at the mercy of weak federal regulators and weaker federal laws,'' Lockyer spokesman Tom Dresslar said. ``If this ruling stands it'll be another unfortunate victory in that campaign.''

[bluestateguy]

1. Sounds to me like activist judges legislating from the bench

The California legislature enacted the law, with the support of the state's voters. Why can't this court respect the will of the people and the state legislature? Why does this judge insist on making law from the bench?

[acmejack]

2. It's only legislating from the bench if it helps the people.

It is merely good judicial practice if it benefits the corporations or the government.

[The Sushi Bandit]

3. kick

[0rganism]

4. Aren't states entitled to engage stricter protections than the fed?

States have long been able to legislate stronger restrictions and protections for goods and services than those proffered by the federal gov't. I wonder if banking is different because it involves interstate commerce by definition.

[cosmicdot]

5. Smirk appointed U.S. District Judge Morrison C. England Jr.

District Court Judge Morrison C. England, Jr.,

Born 1954 in St. Louis, MO

Federal Judicial Service:

U.S. District Court, Eastern District of California

Nominated by George W. Bush on March 21, 2002, to a seat vacated by Lawrence K. Karlton; Confirmed by the Senate on August 1, 2002, and received commission on August 2, 2002.

Education:

University of the Pacific, B.A., 1977

University of the Pacific, McGeorge School of Law, J.D., 1983

Professional:

1983-1988
Partner - Quattrin, Clemons & England, Sacramento, CA

1988-2002
United States Army Reserve, JAG Corps.

1988-1996
Partner - Quattrin, Johnson, Campora & England, Sacramento, CA

1996-1997
Judge - Municipal Court of California, County of Sacramento

1997-2002
Judge - Superior Court of California, County of Sacramento

http://207.41.18.73/caed/staticother/page_1525.htm



he replaced ...

Senior District Court Judge Lawrence K. Karlton (LKK)

Born 1935 in Brooklyn, NY

Federal Judicial Service:

U. S. District Court, Eastern District of California

Nominated by Jimmy Carter on June 5, 1979, to a seat vacated by Thomas J. MacBride; Confirmed by the Senate on July 23, 1979, and received commission on July 24, 1979. Served as chief judge, 1983-1990. Assumed senior status on May 28, 2000.

Education:

Columbia Law School, J.D., 1958

Professional Career:

1958-1960
U.S. Army

1960-1962
Civilian legal officer, Sacramento Army Depot

1962-1976
Private practice, Sacramento, California

1976-1979
Judge, Superior Court of California, Sacramento County


http://207.41.18.73/caed/staticOther/page_516.htm