Posted on 05/10/2017 1:04:01 PM PDT by Rusty0604
Naturally, the Federal Appeals Circus has Ruled again.
Why are they so reluctant to mention this is the 9th Circuit Court of Appeals?
Is this another appeals court at the state level?
Disband the unions.
Problem solved..............
Okay, we’ll let her run the VA office while she’s on probation, so more vets can die under her watch. She pled guilty to a felony offense. What a bunch of dumb asses.
Union, plus union, and it is the darn AFGE union.
No union for government types period. The Congress has AFGE insurance. How do we fire these clowns except at the ballot? The military has nothing like these prima donna BS types.
That would be the ideal solution.
More rule by judicial fiat.
Yep. It’s wearing on me.
I can’t seem to find the justification or foundation for how firing this person, in this role, in the givernment is unconstitutional.
CAFC is a federal circuit court - it has some “specialty” jurisdiction.
I’m going to hunt the decision, but my guess is some sort of “separation of powers” rationale. Not that the employee can’t be fired at will, and if cause is necessary, not that cause wasn’t met. The notion of an unconstitutional firing is just plain weird for anything but separation of powers reasons.
There was a time where any felony conviction was an automatic disqualification for any government service position.
(go here to follow the bill from the start)
we need a smoother leaner Congress...make each state like Senators, equal in each state for starters rather than the present law. This huge body is unwieldy and not always well informed about the laws they pass among other business. While reading about the history of HR 1259, I ran across a note of tribute to one NINA M. SERAFINO; don't mean to be persnickety here, but seems to me the people's time could be better spent with fewer than 614 words...point is, there is a place and time for such tributes...the Bureaucracy in America is tremendous...and very wasteful. The VA is very important and should be run by well qualified people. See to it Congress!
HELMAN v. DVA - US Court of Appeals for the Federal Circuit. Case 2015-3086, Merit Systems Protection Board DE-0707-15-0091-J-1
I haven't studied in detail yet, but the issue seems to be a power of an Administrative law Judge to render a conclusive ruling, cutting off all Article III judges. Plaintiff is free to (continue to) pursue her claims, and the power of ALJ is curtailed by this ruling. Nothing on the merits, just a venue issue.
Because it's not. It's the Federal Circuit, a different federal appeals court.
The politically correct terms, constitutional and unconstitutional, when volunteered without reference to supportive constitutional clauses which reasonably justify such decisions in the context of the issue, should be officially interpreteted to mean the following.
Constitutional,” because such a decision advances our unconstitutional agenda, or unconstitutional, likewise because such a decision advances our unconstitutional agenda.
It’s all about people’s entitlement attitudes.....they will continue to use the courts to “obstruct” in order to retain their power and protect whatever shenanigans they’ve been up to.
I’m not quite understanding then.
If it’s a Federal Circuit Court of appeals..., how many layers do they have of Federal Circuit Courts of appeal?
I thought there were roughly nine such courts?
Are then tens or 100s below the nine?
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