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Combating Judicial Political Activism
Fox news ^ | 11/15/04 | Matt Hayes

Posted on 11/15/2004 12:42:28 PM PST by minus_273

John Morganelli, District Attorney for Northampton County, Pa., probably had no idea what he was in for last week when his office appeared before Judge Leonard Zito for the conviction and sentencing of 27 individuals accused of using false and stolen social security numbers.

Morganelli’s investigators had worked for months to prosecute the group, 14 of which had not simply used false social security numbers, but had stolen and used the social security numbers of law-abiding people.

But although every one of the defendants pleaded guilty, Judge Zito refused to impose any period of incarceration, nor did he fine the defendants. Zito based his decision on the fact that the defendants were all illegal aliens, remarking that they should never have been arrested in the first place because the men committed the crimes “strictly for the purpose of working.”

Zito’s decision not to administer the law not only demonstrates how politicized the bench has become in recent years, but is another example of a wave of judicial activism in which judges have used their positions not just to interpret and apply existing law, but, according to many critics, to legislate from the bench. The most high profile example of this has been the Massachusetts Supreme Court rulings on gay marriage, which in effect legalized unions the legislature had not.

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


TOPICS: Crime/Corruption
KEYWORDS: activistjudge; aliens; idtheft; idthfet; immigration; judicialactivism; zito
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well, i guess ID theft is now legal in PA if you are an illegal alien...
1 posted on 11/15/2004 12:42:28 PM PST by minus_273
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To: minus_273

Just imagine the reaction if some "judicial activist" declared the income tax illegal!

Hey, if it doesn't explicitly say I CAN'T pay may taxes in monopoly money, then does that mean I CAN?

What the h*ll is the matter with these people? Must be the ridiculous education system. I dunno. I haven't looked at a high school text book recently, but I shudder to think what's in it. Probably the same thing in college. And what are they doing, handing out law degrees in Cracker Jack boxes?

Sorry for the rant, but when emotion takes over I'm not all that eloquent.


2 posted on 11/15/2004 12:48:50 PM PST by cvq3842
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To: minus_273

We need to get this to the attention of Bill OReiley, he loves beating up on Judges.


3 posted on 11/15/2004 12:53:43 PM PST by konaice
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To: minus_273; All
If I were the insensitive type, I might say if he has daughters, they are fair game to be raped by illegal aliens, they only want sex, (oops insert feminist lie here) power.
If he has sons, they are fair game to be murdered by illegal aliens, they simply wanted to succumb to bloodlust.
If judge zito has a car, it is fair game to be stolen by illegal aliens, they simply wanted some transportation.
if judge zito has a face, it is fair game to be punched repeatedly by those under his jurisdiction, they simply wanted some justice.
but then again, I am not an insensitive man.
4 posted on 11/15/2004 12:54:53 PM PST by britt reed (A man can prove anything, but is God convinced?)
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To: britt reed

We vote on whether or not to retain judges in florida. Do they not have this in PA?


5 posted on 11/15/2004 1:09:33 PM PST by Dozer3
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To: minus_273

Need to add a new word to our vocabulary .... I-M-P-E-A-C-H-M-E-N-T ..... and APPLY IT!!!!

It was quite successful when Rose Bird got ridden out of the CA court ....

...course, that was back when dinosaurs roamed and hope was allowed ;)


6 posted on 11/15/2004 1:11:17 PM PST by GoldCountryRedneck
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To: minus_273; MeekOneGOP; Grampa Dave; mhking

Just damn...


7 posted on 11/15/2004 1:11:21 PM PST by EdReform (Free Republic - helping to keep our country a free republic. Thank you for your financial support!)
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To: minus_273; KylaStarr; Cindy; StillProud2BeFree; nw_arizona_granny; Revel; Velveeta; Old Sarge; ...

ping


8 posted on 11/15/2004 1:14:36 PM PST by Calpernia (Breederville.com)
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To: minus_273

This has got to stop. Certain members of the judical branch are just plain renegades. There must be a way to fix this, but how?


9 posted on 11/15/2004 1:21:03 PM PST by Sola Veritas (Trying to speak truth - not always with the best grammar or spelling)
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To: Dozer3; All
I don't know about PA but in NJ they are appointed. I honestly don't know what the term is or if there even is a term.
Off topic question:
What are the equivalents of Marine: Sergeant, Staff Sergeant, Gunny and Sergeant Major
Army and Air Force rank equivalent. Thanks.
10 posted on 11/15/2004 1:21:41 PM PST by britt reed (A man can prove anything, but is God convinced?)
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To: minus_273
Let me see if I can sell this right:

I-M-P-E-A-C-H

There, now I feel better.

11 posted on 11/15/2004 1:28:12 PM PST by newsgatherer
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To: minus_273

I don't think we should confuse criminally negligent behavior with judicial activism.

What this judge did is not "activism" - it's imperialism.
He has created a dictatorship!

This merits impeachment if anything does.


12 posted on 11/15/2004 1:37:19 PM PST by Redbob
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To: Calpernia

Bump


13 posted on 11/15/2004 1:40:28 PM PST by nw_arizona_granny (On this day your Prayers are needed!!!!!!!)
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To: EdReform; HiJinx; gubamyster; Happy2BMe
But although every one of the defendants pleaded guilty, Judge Zito refused to impose any period of incarceration, nor did he fine the defendants. Zito based his decision on the fact that the defendants were all illegal aliens, remarking that they should never have been arrested in the first place because the men committed the crimes “strictly for the purpose of working.”

bump!


14 posted on 11/15/2004 2:48:41 PM PST by MeekOneGOP (There is only one GOOD 'RAT: one that has been voted OUT of POWER !! Straight ticket GOP!)
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To: MeekOneGOP

Someone posted this again?

Looks like it's striking a coupla nerves....


15 posted on 11/15/2004 3:25:15 PM PST by HiJinx (Support Our Troops ~ www.ProudPatriots.com)
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To: Dozer3

From what I recall of earlier posts, the (dis)Honorable Judge Zito is filling a temporary vacancy.

Just goes to show you how very important it is to have seats filled with the right people.


16 posted on 11/15/2004 3:27:25 PM PST by HiJinx (Support Our Troops ~ www.ProudPatriots.com)
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To: britt reed

Those are E-5 through E-8, right?

In the Army, it is Sergeant, Staff Sergeant, Sergeant First Class, and either Master Sergeant or First Sergeant depending on position.


17 posted on 11/15/2004 3:31:00 PM PST by HiJinx (Support Our Troops ~ www.ProudPatriots.com)
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To: HiJinx
Ah ..... I must have missed it before. Thanks.

18 posted on 11/15/2004 3:48:18 PM PST by MeekOneGOP (There is only one GOOD 'RAT: one that has been voted OUT of POWER !! Straight ticket GOP!)
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To: Calpernia

Thanks for the ping!


19 posted on 11/15/2004 8:35:54 PM PST by Alamo-Girl
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To: britt reed; minus_273; nw_arizona_granny; Calpernia; All

Active poll:
http://www.cnn.com/CNN/Programs/lou.dobbs.tonight/

Do you believe the federal government needs to better enforce the laws against hiring illegal aliens?

Yes 94% 3898 votes

No 6% 248 votes

Total: 4146 votes


20 posted on 11/15/2004 10:50:00 PM PST by JustAnotherSavage ("As frightening as terrorism is, it's the weapon of losers." P.J. O'Rourke)
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