Posted on 06/27/2002 6:11:48 PM PDT by SunStar
Gray Davis and Bill Lockyer -- CAUGHT OFF GUARD
The people of California, who care about their nations grand traditions such as the Pledge of Allegiance, did not have their voices heard as the Pledge of Allegiance came under assault.
Gray Davis and Attorney General Bill Lockyer failed to defend the Pledge of Allegiance in court.
The State of California did not join in the motion to dismiss or otherwise participate in the District Court proceedings. [from Ninth Circuit opinion.]
The state of California was the only major defendant to refuse to defend the Pledge of Allegiance at either the trial court or the appellate court. The other two major defendants Elk Grove Unified and the United States of America defended the Pledge of Allegiance, as evidenced by counsel.
FEDERAL GOVERNMENT: Kristin Door, Assistant United States Attorney, Sacramento, California, Lowell V. Sturgill, Jr., Department of Justice, Washington, D.C. for federal government defendantsappellees. [from Ninth Circuit opinion.]
SCHOOL DISTRICT: Irving Scott, Terence J. Cassidy, Porter, Scott, Weiberg & Delehant, Sacramento, California, for school district defendants-appellees. [from Ninth Circuit opinion.]
CALIFORNIA: The State of California did not join in the motion to dismiss or otherwise participate in the District Court proceedings. [from Ninth Circuit opinion.]
The court states in its opinion that State of Californias statute validating the Pledge was implicated by the suit and that California benefited from the dismissal.
It [California] did, however, sub silentio, receive the benefit of the district courts ruling dismissing the complaint. Accordingly, a reversal of the order would result in the reinstatement of the complaint against the state. [from Ninth Circuit opinion.]
The California Education Code [52720] requires that public schools begin each school day with appropriate patriotic exercises and the the giving of the Pledge of Allegiance to the Flag of the United States shall satisfy this requirement. [from Ninth Circuit opinion.]
Gray Davis had every opportunity to call on Attorney General Bill Lockyer to defend the Pledge of Allegiance. In fact, yesterday he called on the Attorney General to file a brief.
If he can do it now, why couldnt he have done it then?
He was probably out fund-raising on that day?
Pre-occupied with with trying to stanch the flow of red ink in a Democrat controlled wrecked economy?
He was in "the dark"?
Let me know when I hit it....
Jeez...cut the guy some slack. Do you know how long it takes to do a poll to find out whether or not he should have an opinion about such patriotic twaddle as the Pledge of Allegiance? C'mon, he's a Democrat. How much money can he get for having an opinion? It takes time to find out such things.
SunStar, you simply expect too much from this guy. He's much too busy doing the work of the people or on the people or something important like that.
Boy, I bet you are out of California when you see stuff like this!
I assume you meant, 'I bet you are [deliriously happy to be] out of California when you see stuff like this!' If so, then the answer - unfortunately for you and the many other conservatives in Kalifornia - is "YES!"
Take care, Capitan!
;>)
Well, we all know why he didn't do it then. He didn't give a sh!t about it and continued not to until the ruling came down and he found he was on the wrong side of the public opinion fence.
But get this...this will really make you laugh. When asked why the State did not join in the motion to dismiss or defend, Davis said the State never received any paperwork from the court about the case. BWAAAAAAAAAHAAAAAAHAAAAAA!!!
That's the best they could come up with...I wonder how far I'd get if I didn't pay California State income taxes and used that as an excuse. (Sorry, Guv'ner, I didn't get any paperword from the Franchise Tax Board! You know how it is!)
Does he really think we Californians are that stupid? On the other hand, some of us did vote for this fool four years ago...but I wasn't one of them.
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