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.
Show me:
As I understood it, the only basis was omission in a subsequent action - not an action to delete a universally accepted rule.
To quote Paul "The Forehead" Begala: "Stroke of the pen, law of the land, kinda cool isn't it?"
Civil Rights Commission violating term limitations? One lawsuit.
Uppity Appointee refusing to leave at end of term? Judges Ruling.
Executive Order signed, sealed, & delivered to disband the US Commission on Civil Rights? PRICELESS.
Sign the E.O. today President Bush! Disband these uppity so-and-so's !!
It seems destined to be overturned. I sure hope and pray you're right.
Born 1938 in New York, NY
Federal Judicial Service:
U. S. District Court for the District of Columbia Nominated by William J. Clinton on March 22, 1994, to a seat vacated by Michael J. Boudin; Confirmed by the Senate on June 15, 1994, and received commission on June 16, 1994.
Education:
Cornell University, B.A., 1959
Harvard Law School, LL.B., 1962
Professional Career:
Appellate attorney, National Labor Relations Board, 1962-1964
Legislative assistant, U.S. Sen. Harrison A. Williams, 1964-1966
Legislative assistant, U.S. Rep. Jonathan Bingham, 1966-1968
Special assistant, Director of Office of Staff Relations, New York City Board of Education, 1968-1969
Private practice, Washington, DC, 1969-1977
Associate judge, Superior Court of the District of Columbia, 1977-1994
Race or Ethnicity: White
Gender: Female
By D. IAN HOPPER, Associated Press Writer
WASHINGTON (AP) - A federal judge cited the privacy of Democratic candidates and possible damage to the party in barring the release of documents that show how Democrats let unions control campaign activities in return for large donations.
The contents of the Federal Election Commission (news - web sites) documents - more than 36,000 pages - were already disclosed in stories by The Associated Press in July.
The AP reported then that the papers showed AFL-CIO representatives were allowed to serve on state party steering committees to help approve or reject plans for Democrats' so-called coordinated campaign activities during elections.
In arguing for making the papers public, the FEC told the court that much of the information was already in the public domain and that the public should know ``what the government is up to.''
U.S. District Judge Gladys Kessler dismissed those arguments, saying there must be a claim of illegal activity for the court to consider revealing the names of union officials involved in the probe.
``The confidentiality interest of an innocent accused is, if anything, greater once an investigation is closed and that innocent party is exonerated of all charges,'' wrote Kessler, who was appointed by former President Clinton (news - web sites) in 1994.
FEC officials ultimately concluded the unions had ``apparent veto power'' over the campaigns, but dropped the probe after becoming worried the coordination may be protected by the First Amendment.
``We're very pleased by today's ruling,'' Democratic National Committee (news - web sites) spokeswoman Maria Cordona said, ``which means that candidates and parties will now know that their most sensitive political documents will not be made public.''
FEC spokesman Ron Harris said the commission is still reviewing the ruling, and had no immediate reaction. The AFL-CIO did not return a message seeking comment.
Based on its investigation, Federal Election Commission officials concluded the unions had ``apparent veto power'' over the campaigns.
``We request the AFL-CIO review these budgets and programs. If you approve them, we ask that you encourage your affiliated unions to contribute to each congressional district coordinated campaign,'' Democratic Congressional Campaign Committee official Rob Engel wrote in a September 1996 memo to an AFL-CIO official.
A few days later, the DCCC sent over revised strategies with the following note: ``Attached is our updated and improved requests for your big bucks.''
The FEC began its investigation in 1996 after Republicans complained that the unions illegally spent up to $35 million to help Democrats, but dropped the probe after becoming worried the coordination may be protected by the First Amendment.
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On the Net:
Federal Election Commission: http://www.fec.gov
Democratic National Committee: http://www.democrats.org
AFL-CIO: http://www.aflcio.org
Whatever the law means, this can't be it.
The President has no power to disband it.
That is the main problem as I see it. Almost every other appointment in either the public sector or the private sector provides specifically for a vacancy appointment and this revised statute did not.
In addition, one of the earliest house versions of this new statute did contain appointment language which was dropped whe adopting the senate version.
You must be one of those new world order types that think Executive Orders superceed duly enacted laws. Sorry to pin hole your balloon. They didn't work that way for Clinton and they don't work that way for Bush. Read the constitution.
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