Thursday, October 28, 2010

BAD JUDGES ON TRIAL

A ONCE AND STILL GREAT NOTION ..

Impeach Warren - still a good idea
Can we finally get this done?
Pro-military advocates are warning against the dangers of letting federal district court judges start making significant Pentagon policy ...

Impeach Warren - still a good idea
If a district court judge in one unilateral order can strike down a legal ban on open gays in the military, as did federal Judge Virginia A. Phillips, then such judges also could strike down the prohibition on women in land combat, or rules on wearing a uniform, or requirements for grooming, or even the war against al Qaeda.

Judge Phillips went beyond ruling the gay ban unconstitutional and letting appeals courts weigh in: She ordered the Pentagon to stop enforcing it — worldwide. [Military advocates don't want judges making Pentagon rules]
Pro-military advocates?  Has it come to that? This is a "pro-constitutional" argument, transcending just the military. The post below this one warns "The Democrats, who screwed it up to begin with, will run to a Democrat on the federal bench and beg to have these ballots cast.

Knock-knock
 Who's there?
Ollie
Ollie Who?
Oligarchy

The idea that one unelected judge, or even nine, can trump the other two branches of government is so manifestly insane that --  why have we been having this argument for past 50 years?  Rip Earl Warren from his grave and impeach the sumbitch, and any like-minded friends.

4 comments:

Chuck Martel said...

U.S. case and statutory law pretty much gives the U.S. military the power to do just about anything it wants when it comes to maintaining good order and discipline. The U.S. Supreme Court case of Goldman v. Weinberger said a USAF officer could be prohibited from wearing a yarmulke because it wasn't part of his uniform. 10 U.S.C. §976 says member of the U.S. military can't belong to military labor unions.

Anonymous said...

The Corps told me that anything other than missionary sex with your spouse could be considered sodomy if you gave them reason to need to consider it so. Get caught with an officers wife and see. As a Marine, I was protected from double jeopardy, meaning I would not be tried of a crime in civilian court under the US Constitution, instead the UCMJ rules over me. Exactly how can a district judge hold any sway over the UCMJ? Someone please splain it to a dumb jarhead.

Anymouse

Chuck Martel said...

Trial by a courts martial only protects you from a second trial by a federal court. The City of Beaufort Municipal Court can also tag you for the DUI since they are state and not federal.

UCMJ only covers military offenses. The USAF was sued in federal court for an alleged violation of constitutional equal protection as well as procedural and substantive due process. That's how a federal judge came to strike down DADT.

caughtinthebight said...

Folks,
judges (liberal) have been directing federal forest policy since 1990. Do you wonder why trees die, fall down, and become fire fodder?
fritz

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