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Arbitrary, Capricious and Above the Law
Canada Free Press ^ | 6/23/10 | Joy Tiz

Posted on 06/23/2010 1:12:50 PM PDT by jazminerose

Most lawyers, upon finding themselves on the receiving end of a judicial rebuke as scathing as the one handed down by Judge Martin Feldman in Hornbeck v. Salazar, would be spending the next few days in a dark bar. At the very least, a few sick days would be in order to avoid having to face co-workers until somebody else screws up a big case

Not in this administration. Ken Salazar wasted no time announcing the administration’s plans to appeal Judge Feldman’s well reasoned and easily understood ruling. Salazar would like us to believe that with a little tweaking, he can craft a new, improved moratorium that will pass legal muster. After that, he will spend some time relaxing at his unicorn farm.

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


TOPICS: Crime/Corruption; Government; News/Current Events; Politics/Elections
KEYWORDS: obama; oildrillban; salazar
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1 posted on 06/23/2010 1:12:51 PM PDT by jazminerose
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To: jazminerose

Grounds for the appeal? Judicial error or disagreement with the outcome.

Will the Appeals Court hear this regardless of whether or not there are proper grounds? Is it automatic?


2 posted on 06/23/2010 1:15:37 PM PDT by K-oneTexas (I'm not a judge and there ain't enough of me to be a jury. (Zell Miller, A National Party No More))
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To: K-oneTexas

An appeal before the next level of the court system would have to be based on an alleged error by the Judge Feldman in his ruling. If Salazar orders a new moratorium, then that is the basis of a new case, not an appeal of the original moratorium ruling. Not sure which way Salazar is going.


3 posted on 06/23/2010 1:22:57 PM PDT by caseinpoint (Don't get thickly involved in thin things)
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To: jazminerose

Arbitrary, Capricious and Above the Law

Hahahahaha...sounds like the lawyer on Seinfeld that represented the Kramer scams...


4 posted on 06/23/2010 1:28:36 PM PDT by jessduntno ( 'Joe Biden?' suggests a top adviser. 'Did you say "Bite Me?")
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To: jazminerose

Clearly this reporter doesn’t understand that Mr. Skittles and his hand picked AG both went to law school and really know law. Mr. Skittles knew so much about law that he chose not to practice it. Mr. Skittles used his vast knowledge of the law to help poor people and write books about Mr. Skittles. Mr. Skittles is good. Bad people are bad.


5 posted on 06/23/2010 1:31:25 PM PDT by equalitybeforethelaw
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To: jessduntno

Jackie Chiles... Outrageous!


6 posted on 06/23/2010 1:35:10 PM PDT by Common Sense 101
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To: jessduntno

Jackie Chiles... Outrageous!


7 posted on 06/23/2010 1:36:17 PM PDT by Common Sense 101
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To: jessduntno

Jackie Chiles... Outrageous!


8 posted on 06/23/2010 1:36:21 PM PDT by Common Sense 101
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To: caseinpoint

I was confused on Salazar too. One article said he would appeal this case. Another article or news blip said he was going to order another slightly different moratorium.

Thanks for the info on the courts, I am not an attorney.


9 posted on 06/23/2010 1:37:54 PM PDT by K-oneTexas (I'm not a judge and there ain't enough of me to be a jury. (Zell Miller, A National Party No More))
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To: equalitybeforethelaw
Clearly this reporter doesn’t understand that Mr. Skittles and his hand picked AG both went to law school and really know law. Mr. Skittles knew so much about law that he chose not to practice it. Mr. Skittles used his vast knowledge of the law to help poor people and write books about Mr. Skittles. Mr. Skittles is good. Bad people are bad.

Worth repeating. LOL!!

10 posted on 06/23/2010 1:39:20 PM PDT by floozy22 (Did you ever stop to think... and forget to start again?)
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To: K-oneTexas
They will draft a new one while appealing the old one and when the new one is smacked down they will write a new one etc etc etc. After all, money is no object.

In the mean time, rigs are shutting down and moving to Brazil and other places. .

11 posted on 06/23/2010 1:41:41 PM PDT by Graybeard58 (No Romney,No Mark Kirk (Illinois), not now, not ever!)
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To: K-oneTexas

Either way, pop some popcorn. This is going to be interesting.


12 posted on 06/23/2010 1:57:31 PM PDT by caseinpoint (Don't get thickly involved in thin things)
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To: jazminerose

So now the lamestream meme is going to focus on oil investments held by the judge. First, a big chunk of DOW and S&P are oil so any diversivied portfolio probably has some. Second, a drilling ban will clearly help some companies and hurt others. It will almost certainly increase the price of oil substantially if maintained resulting in higher profits for many companies. The lamestream are just so stupid.


13 posted on 06/23/2010 2:04:07 PM PDT by Rippin
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To: jazminerose

Why weren’t the Republicans (other than Jindal) all over this 24X7 when it was originally announced?


14 posted on 06/23/2010 2:14:58 PM PDT by Senator_Blutarski
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To: equalitybeforethelaw

And “Mr. Skittles’” Interior Secretary was also a lawyer, and was CO’s Attorney General, who spent the last half of his second term running for a higher office. I don’t recall him ever arguing cases. He, like his boss, spent most of his career, working in politics or for politicians. Obviously, he wasn’t listening during his Administrative Law class. This was a classic arbitrary and capricious and overly broad administrative action which any court would shoot down (well, maybe not within the 9th cir.)


15 posted on 06/23/2010 2:36:00 PM PDT by keepitreal ( Don't tread on me.)
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To: equalitybeforethelaw

Who is Mr. Skittles?


16 posted on 06/23/2010 3:17:47 PM PDT by tbw2 (Freeper sci-fi - "Humanity's Edge" - on amazon.com)
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To: Rippin

Here is a list of major BP share holders:

http://finance.yahoo.com/q/mh?s=BP+Major+Holders

You’re right—lots of people have oil stocks in their portfolios or 401K’s, many via mutual funds.


17 posted on 06/23/2010 3:21:30 PM PDT by jazminerose
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To: Rippin

I’ll bet the judge doesn’t have $9M in any oil company like Soros does in Petrobras.


18 posted on 06/23/2010 3:24:44 PM PDT by jazminerose
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To: tbw2

Who is Mr. Skittles?

The ONE. The mesiah. The one we have been looking for. Y’know, unicorns, rainbows and free skittles. The candy man from Chicago.


19 posted on 06/24/2010 6:38:46 AM PDT by equalitybeforethelaw
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To: equalitybeforethelaw

The ONE himself didn’t promise everyone skittle crapping unicorns, but his supporters sure thought that that was what they were going to get.

They’re finding out now that “brown” isn’t one of the skittle colors.


20 posted on 06/24/2010 6:40:23 AM PDT by MrB (The difference between a (de)humanist and a Satanist is that the latter knows who he's working for.)
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