Memphis judge blocks Senate from removing Ford [Ophelia accuses TN Senate of racism]

Memphis Commercial Appeal ^ | 1-18-2006 | Rick Locker

[OrangeDaisy]

Ophelia Ford cried racism to a Federal judge in Memphis, and the judge bars the state Senate from voting to overturn the fraud-ridden election. Is this guy one of the Ford family's cronies?

[Armigerous]

....the 'guy'is named Bernice

[JudgemAll]

How can a judge bar a senate? Is this a dictatorship or what?

[wingman1]

Article II, Section 15 (a) says "...a successor shall be elected by the qualified voters of the district represented..."

From what I understand many of the "voters" has passed on before election day.

[fieldmarshaldj]

WTF ?!? The Frauds are using their political muscle via federal stooges-in-robes to retain an illegally-gotten Senator and INTERFERE with State Senate business. This is utterly outrageous !

[OrangeDaisy]

the 'guy' is named Bernice

Well 'his' last name is Donald. I'm either from Missouri (yous guys) or easily confused!

[wingman1]

Tennessee State Constitution

[RWR8189]

Honorable Bernice B. Donald
US District Judge, United States District Court for the Western District of Tennessee, Memphis, Tennessee

The Honorable Bernice Donald was nominated to the U.S. District Court on December 7, 1995 by President William Clinton, confirmed by the United States Senate on December 22, 1995 and took the bench on December 26, 1995. 

[fieldmarshaldj]

This PIG in a robe is a Clintoon appointee. Surprise, surprise.

[garbanzo]

Can anyone explain what the federal cause of action here is? What part of the federal constitution deals with the election of state senators?

[The South Texan]

Can somebody show me in the constitution where a Federal Judge has a say in this?

[SmithL]

This is who she cried to:

[untenured]

"Obviously because there is a restraining order we will not be moving forward," Senate Republican Leader Ron Ramsey said Wednesday.

That is not obvious at all. This is neither a federal nor a judicial matter. Legislators do not AFAIK need judicial permission to expel a member, which is an internal matter of theirs. I recognize that defying a judicial order is a serious matter, but a legislature interested in protecting its turf might argue that issuing such an order is a serious matter.

Disturbing on both federalism and separation-of-powers grounds.

[Drango]

The 10th amendment is deeply saddened.

[swheats]

Does this set precedent? I don't think I've ever heard anything like this before.

[YaYa123]

I really appreciate your # 8. wouldn't you know it would be a Clinton judge in the thick of things.

Harold Ford, Jr was on Imus this morning, advising President Bush on Iran, Iraq. Now that he's a candidate for the Senate, he's an expert, dontcha know. Imus has never mentioned Ford family corruption, he's sooo in love with the slick and smooth Harold, jr.

Imus LOVES Ford, and would never ask about the Ford Mafia Family of Memphis. Aunt Ophelia ran for this Tenn seat replacing Harold's uncle who had to resign because he's indicted for, (I think) fraud and theft.

The family is corrupt to the core, but they own Memphis. Time will tell if the state of Tennessee is willing to promote Harold to the Senate knowing he's a chip off the family block.

[untenured]

Does this set precedent?

Not in the legal sense; it's not a verdict but simply a restraining order, and it's not from an appellate court. But politically, it probably does. It would be interesting to explore how much judges have done this.

[untenured]

It seems I was wrong. In POWELL v. McCORMACK, 395 U.S. 486 (1969), SCOTUS overtuned the House's refusal to seat Adam Clayton Powell, deciding that while the House had the Constitutional authority to judge "the Qualifications of its own members" (I.5), that was all they could do. They could decide whether he was 25 years old or not, for example, but not whether he didn't have the character to serve. A duly elected Representative could not be unseated for reasons other than those explicitly in the federal constitution.

Other Freepers may know better, but it looks like that is the controlling Federal law.

[VeniVidiVici]

Yes, yes. I can see the Supreme Court becoming involved in matters concerning Federal representatives, but how in the hell does a Federal judge have the authority over a State legislative body with an issue concerning a Tennessee state representative?

[Emmett McCarthy]

Between last summer's arrest of state legislators, the mess at our highway patrol and this latest in a long series of Ford family crap, it's lookin' might embarassing for us here in Tennessee.