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Judge Rules In Favor Of Wilson In Civil Rights Commission Case
CNSNews.com ^ | 2/04/02 | Melanie Hunter

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.


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To: VRWC_minion
"For everyone who says she ruled as a liberal judge and made up law....she did just the opposite. She took literal meaning of statute.

Show me:
As I understood it, the only basis was omission in a subsequent action - not an action to delete a universally accepted rule.

81 posted on 02/04/2002 1:16:19 PM PST by norton
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To: Howlin
Maybe Gladys and Mr Berry are "girlfriends".
82 posted on 02/04/2002 1:18:03 PM PST by Ann Archy
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To: kattracks
Well, this is certainly easy to fix.

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 !!

83 posted on 02/04/2002 1:19:53 PM PST by usconservative
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To: anniegetyourgun
Methinks that Justice knew they had to get past this judge on appeal. That's where I suspect they expect to win.

It seems destined to be overturned. I sure hope and pray you're right.

84 posted on 02/04/2002 1:20:40 PM PST by Southflanknorthpawsis
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To: Frohickey
They don't need to read. They just have to be THE JUDGE.
85 posted on 02/04/2002 1:24:18 PM PST by victim soul
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Comment #86 Removed by Moderator

To: Howlin
Don't sweat it. Wilson obviously went "judge shopping" to find a court that would rule in her favor. Judges who so blatantly ignore the law are often overturned on appeals.
87 posted on 02/04/2002 1:26:52 PM PST by Blood of Tyrants
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To: kattracks
Kessler, Gladys

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

88 posted on 02/04/2002 1:27:57 PM PST by Donald Stone
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To: D Joyce
Criminy! That reads like a resume for an ACLU hack. She twists so hard left that she often sticks her nose up her own rear end when she goes around a corner.
89 posted on 02/04/2002 1:30:25 PM PST by Blood of Tyrants
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To: Donald Stone
Judge Sides With Democrats, Unions Thursday December 20 3:52 AM ET Judge Sides With Democrats, Unions

Judge Sides With Democrats, Unions

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.

-

On the Net:

Federal Election Commission: http://www.fec.gov

Democratic National Committee: http://www.democrats.org

AFL-CIO: http://www.aflcio.org

90 posted on 02/04/2002 1:33:09 PM PST by Bubba_Leroy
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To: Blood of Tyrants; Ann Archy
I was just anxious for MFB and her friend to get smacked around.
91 posted on 02/04/2002 1:39:27 PM PST by Howlin
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To: VRWC_minion
I agree...the law was on their side...BUT...the sword cuts both ways. Don't bother with her....THEN...at the end of Bush's term...Have every republican/conservative member of the board resign in which Bush would then appoint 3 new members to replace the ones vacated (Wilson style) preventing their expiration for another 6 years. Hell...even appoint the same people back to the post just to stick it to the female version of Gary Coleman. Then once he reappoints them...get's a bill started in the house to stop this ludicrousness. In the end...we will win.
92 posted on 02/04/2002 1:40:55 PM PST by jamz
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To: gridlock
I think you just hit the crux of the matter right there. This interpretation of the law gives an outgoing president the ability to seriously jam his finger in the eye of his successor if they're of different parties.

Whatever the law means, this can't be it.

93 posted on 02/04/2002 1:43:26 PM PST by Gamma-131-I
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To: usconservative
The commission was established by an act of Congress, not an executive order.

The President has no power to disband it.

94 posted on 02/04/2002 1:45:23 PM PST by Gamma-131-I
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To: norton
not an action to delete a universally accepted rule

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.

95 posted on 02/04/2002 1:45:40 PM PST by VRWC_minion
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To: Fury
The plain language of the new statute did not provide for vacancy appointments, the prior statute did.
96 posted on 02/04/2002 1:47:46 PM PST by VRWC_minion
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To: jamz
Bus is up to something with this and I don't think he needs to win legal battle to achieve it. I just don't know what it is.
97 posted on 02/04/2002 1:50:14 PM PST by VRWC_minion
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To: Gamma-131-I
But its a game that can be played by the senate as well.
98 posted on 02/04/2002 1:51:35 PM PST by VRWC_minion
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To: Sloth
"Labor went to court, and -- as is often the case in the District of Columbia -- found a friendly judge. Before President Clinton named her to the federal bunch in 1995 at age 57, Gladys Kessler had worked for the National Labor Relations Board in the Kennedy administration, for left-wing Rep. Jonathan Bingham of the Bronx, as a labor lawyer for the New York City Board of Education and finally for 17 years as a superior court judge in D.C. appointed by President Jimmy Carter. "

From Bob Novak

99 posted on 02/04/2002 1:54:53 PM PST by VA Advogado
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To: usconservative
Sign the E.O. today President Bush! Disband these uppity so-and-so's !!

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.

100 posted on 02/04/2002 1:57:18 PM PST by VA Advogado
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