Posted on 02/04/2002 11:41:47 AM PST by kattracks
CNSNews.com) - Federal Judge Gladys Kessler ruled Monday in favor of Victoria Wilson and against President Bush's most recent appointment to replace Wilson on the U.S. Commission on Civil Rights, Peter Kirsanow.
The Justice Department said it will appeal the judge's ruling.
At issue is whether federal law allows Wilson to serve a full six-year stint on the panel, or only the unexpired portion of Higginbotham's term to which she was appointed.
The 1983 law reauthorizing the USCCR specifically limited commissioners appointed to fill unexpired terms to the remaining length of the original term. A 1994 reauthorization law did not include that language. However, it also included no contradictory provisions.
Once a dim, always a dim.
In other words, it's just a waste of money in the same way Mary Berry is a waste of space. I hope this kangaroo court decision is overturned by someone with a little bit of common sense. I wish there were some way to disband this silly, pointless commission altogether.
On the off chance that MFB's wacko interpretation of the CRC law is upheld on appeal, Bush should simply shrug his shoulders and, granting a special exception to the "new tone," use the MFB interpretation to the hilt and pack the commission with conservatives. Hell, each Republican presidential appointee should "resign" 3 or 4 times a year, to be immediately reappointed. This would illustrate the rank stupidity of MFB's interpretation, and throw some of her brand of agitprop back in her face.
I may be a moron or maybe just a maroon, but the original thought on FR was that Berry had no case.
I then looked at the history of this law and its not at all clear that she had no case. Its about 50/50. I went further and said that because liberals will tend to rule on the outcome and that conservatives will tend to rule according to strict construction then the most likely outcome will be that Berry's interpretation will stand. After that either Bush and congress proceed with mass resignations to pack the commission or congress rights a remedy.
You may want to go back and read some of the previous discussions on this here on FR and you can see the development of the discussion and research. I think connectthedots was part of those original threads and he has captured the ideas well in his posts on this thread.
If the courts do need to read into it the ussual thing a strict constructionist will do is determine what meaning gives the least power to government. In this case the power to appoint vacancy appointments could be considered to be an extra power and if its not explicitly written into the law then it cannot be assumed. A conservative judge would in essence force congress to clean up its own mess.
Part of the evidence in the case is the official appointment of Victoria Wilson to the Commission by Clinton (him). Since he appointed her to the remainder of the term of Judge Higgenbothem (sp?) who had died, the notice of her appointment said in plain English that it expired on "November 29, 2001."
I expect that I will be asked to write a wire-service story on this case and its chances on appeal. As soon as I get the full decision in my hands (in about 12 hours), I will zero in on what the trial judge did with this evidence. Either she ducked it and didn't mention it at all, or she offered some lame explanation to knock it out.
It is black letter law that no agent can have any more authority than is granted by his/her principal. So, Wilson cannot have a longer term than Clinton gave her. It's as simple as that.
People can discuss things on FreeRepublic until they turn blue in the face, but the law is the law. As soon as this case is in the hands of judges who believe in following the law, it will be reversed. That means in the Cicuit Court (unless the panel chosen at random contains two or more Clinton appointees). It certainly means the Supreme Court, since at least a majority of that Court DO believe in obeying the law.
You are well beyond your depth here to claim that this decision will stand on appeal. It will not. Regardless of what you or anyone else says on FreeRepublic.
Congressman Billybob
Today I am embarassed to be a Cornell graduate.
Some reasons for disbanding (I'm trying to be rational about it!!):
1. Commission has served it's original purpose.
2. In an effort to trim excess from the federal budget, their 9 million could be better spent (love that one).
3. Commission is no longer serving the people, but has become an activists panel (like that one too).
4. Ms. Berry has overstepped her authority (like that one too).
Your thoughts? I'll be more than happy to start a campaign if you think it will work.
U.S. COMMISSION ON CIVIL RIGHTS CONTINUES TO PROBE ENVIRONMENTAL JUSTICE ISSUES
Administration officials to discuss compliance with environmental measures
Friday, February 8, 2002, 10:00 a.m.
USCCR Headquarters, 624 9th Street, NW, Room 540
(Washington, DC) Are low-income neighborhoods unfairly targeted for siting industrial plants and toxic waste sites? Are residents of these communities more vulnerable to environmental hazards than other communities? What impact do federal environmental, economic and energy policies have on low-income and minority communities? How effectively are government agencies enforcing environmental regulations in affected communities?
These are among the questions the U.S. Commission on Civil Rights will probe when it convenes part two of its environmental justice hearing at its February 8th monthly meeting. Earlier this month, the Commission heard testimony from a range of academics, community advocates and industry experts regarding the health, housing, land use, economic development, transportation and civil rights implications of federal environmental policies and practices.
"Civil rights and social justice issues are intertwined with modern day environmentalism," stated Commission Chairperson Mary Frances Berry. "The federal government is charged with ensuring that all citizens are treated fairly and we want to find out whether or not that is happening."
EPA Administrator Christie Todd Whitman, Transportation Secretary Norman Mineta, and Interior Secretary Gail Norton are among the agency heads invited to discuss how the Administration is incorporating environmental justice into their policies and programs in accordance with Executive Order 12898. Specific concerns include disparities in enforcement of environmental codes and regulations, the impact of public health laws, compliance with Title VI of the Civil Rights Act, and whether existing laws should be revised to incorporate greater awareness of environmental justice perspectives. The Commission is authorized to conduct hearings that appraise the laws and policies of the federal government and routinely utilizes its subpoena power for experts invited to provide testimony.
Great point and a good example of why the ruling yesterday turns the spirit and intent of the matter at hand on its' head...
It was created by statute, passed by Congress and signed by the President. Therefore, it can only be abolished by the smae route.
Congress could cut it off at the knees by defunding it in the budget. However, if Congress had a mind to do that, it would more likely just vote to disband it. I doubt that will happen because the Congressional Black Caucus would have a cow, the Democrats would hide in their offices, and the Republicans might figure "Why bother? Public stupidity of black leftists helps persuade ordinary Americans not to vote for Democrats."
I tend to agree. When black leftist Democrats are in the process of committing suicide, the best strategy is to offer to hold their coats while they do that.
Billybob
Could it have happened any other way? :)
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