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The Navy, Whales and the Court
New York Times ^ | October 11, 2008

Posted on 10/11/2008 8:56:19 AM PDT by reaganaut1

We hope the Supreme Court has the sense to assert its authority over military activities that can cause environmental harm far from any battlefield. Some of the justices’ comments this week sounded as though they were feeling far too deferential to the military.

The court is considering whether to reverse lower-court decisions that the Navy must restrict its use of sonar in training exercises to protect whales and other marine mammals. Two lower courts have ruled that the Navy could conduct exercises off the California coast provided it employs mitigation measures, such as suspending or reducing sonar emissions when sound-sensitive marine mammals are nearby.

The Federal District Court in Los Angeles found that the Navy could effectively train with the restrictions. The appeals court offered the Navy a path to relief if that judgment proved wrong. Unfortunately, the Bush administration sought to evade restrictions by declaring what looks like a bogus national security emergency. Now it is asking the Supreme Court to overturn the restrictions.

Judging from comments at a hearing on Wednesday, many justices seem inclined to do that. It was dismaying to hear Justice Stephen Breyer assert that “I don’t know anything about this. I’m not a naval officer.” It was discouraging that Justice Samuel Alito found it “incredibly odd” that a district court judge had concluded that her restrictions would not compromise the Navy’s training when the Navy claimed they would.

(Excerpt) Read more at nytimes.com ...


TOPICS: Culture/Society; Government; News/Current Events
KEYWORDS: environment; navy; supremecourt; whales
We should be governed by judges appointed by politicians who are elected by the NYT (which was a big supporter, along with our own John McCain, of "campaign finance reform" to silence private citizens). Those judges should be "deferential" to the views of the Times and other liberal elites, but certainly not to the military regarding military training.
1 posted on 10/11/2008 8:56:19 AM PDT by reaganaut1
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To: reaganaut1

Not to worry!

All of our ships will be docked soon.
Energy and whales will be saved.

Diplomacy will replace our need for aggressive national defense.

/sarc


2 posted on 10/11/2008 8:58:50 AM PDT by G Larry ("Disgust" is a valid expression!-Vote Family Values!)
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To: reaganaut1

Looks like a good thread to show off my tagline!


3 posted on 10/11/2008 9:03:56 AM PDT by mkcc30 (Save a Whale.....Kill a Terrorist!)
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To: G Larry

I was a Sonarman in the Navy. This is stupid. We saw whales all the time while running our sonar gear. They even followed our ships while operating the gear. Had no impact on them at all. Guess we should go back to the sub nets in our harbors.


4 posted on 10/11/2008 9:04:29 AM PDT by RC2
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To: reaganaut1

The USS Abraham Lincoln returns home tomorrow!!! YEAH for all the sailors and their loved ones. God bless them all!


5 posted on 10/11/2008 9:11:35 AM PDT by callthemlikeyouseethem (Miss England: "Even moderate Muslims are turning to terrorism to prove themselves.")
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To: reaganaut1
i guess stuff like this is why we don't have whales ikn the lake any more...

Seneca Lake Navy SONAR Test Facility

6 posted on 10/11/2008 9:13:31 AM PDT by Chode (American Hedonist - McCain/Palin'08 = http://www.johnmccain.com/)
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To: reaganaut1

And just what makes the editorial board at the NY Slimes think they know anything at all about this. They back enviro nazis like the balance of the enemedia on any crusade the nutjobs are on and the majority of them are bogus.


7 posted on 10/11/2008 9:16:50 AM PDT by jazusamo (DefendOurMarines.org | DefendOurTroops.org)
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To: RC2

Which liberal lie isn’t stupid?

They invent non-existant problems to gain power.
That is the point of the entire enviromental movement.

They invent:
- endangered species which alternately 1) aren’t endangerd, 2) aren’t a separate species.
- Global warming, which is NOT a manageable, manmade problem. But, is a natural cycle, which has been on a cooling trend for the last 8 years,
- reasons to object to SAFE nuclear power and SAFE disposal methods,
- reasons to object to ANY energy program capable of sustaining the U.S. economy, industry, or population growth.

It is about power and elitism in it’s worst form.
If anybody believes we can promote animals and “the planet” above the sanctity of HUMAN life, without imposing Godless, EUGENIC policies, they are WRONG!


8 posted on 10/11/2008 9:26:25 AM PDT by G Larry ("Disgust" is a valid expression!-Vote Family Values!)
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To: reaganaut1
We hope the Supreme Court has the sense to assert its authority over military activities that can cause environmental harm far from any battlefield. Some of the justices’ comments this week sounded as though they were feeling far too deferential to the military.

The New York Times, of course, knows that there is no limit to its power and, in spite of the admonition about folks who buy ink by the barrel, the importance of "newspapers" today is more in the class of a warning than a comfort.

Specially so when the specter of sedition and treason is clear, in both the spirit and the word.

The press, generally, and the Times particularly are not the fourth branch of government regardless of delusions to the contrary.

The Supreme Court must function on a different level, and it's power is or should be, well circumscribed.
Probably the most important role of the Constitutional Executive branch of government is the safety of the citizenry, otherwise the Constitution would have designated the New York Times Commander-in-Chief. The role of the New York Times, no more or less than the Gazette from Smithville is to inform. A truly lost art. It has no power to dictate or even to persuade, absent an ignorant readership easily led in any irrational direction. The power ultimately is with the readers: the power of public opinion.

I am confident that the Supreme Court will not be soon worried about being answerable to the New York Times. Which is a good thing.

Perhaps it is a good time now to re-read that interesting and illuminating book, Bias, by Bernard Goldberg...

9 posted on 10/11/2008 9:39:22 AM PDT by Publius6961 (Change is not a plan; Hope is not a strategy.)
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To: reaganaut1
It was discouraging that Justice Samuel Alito found it “incredibly odd” that a district court judge had concluded that her restrictions would not compromise the Navy’s training when the Navy claimed they would.

The Constitution specifically provides for "the common defense" of America, not whales.

10 posted on 10/11/2008 10:03:44 AM PDT by Polybius
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To: G Larry

Speaking of global warming.....we had our first freeze last night. This is in California......even lit the woodstove because the heater came on. Guess it’s caused by global warming? Anyone know how that happens?


11 posted on 10/11/2008 10:11:12 AM PDT by RC2
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To: Polybius
The courts typically give deference to the military, but such reticence does not seem warranted in this situation, which hardly rises to the level of a military emergency.

Fortunately, the New York Times is no more in a position to determine what is critical, or even necessary, than a circuit judge is in matters relating to military training and preparedness.

I'll stand by to see that stupid circuit judge decide that, in her opinion, bullets are no longer necessary.

It is clear that there are incompetent judges, who are incapable of making a distinction between personal opinion and opinion based on law and Constitutionl provisions.

Who appoints these neurotics?

12 posted on 10/11/2008 10:11:37 AM PDT by Publius6961 (Change is not a plan; Hope is not a strategy.)
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