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Court Rejects Lawmakers' Challenge to ABM Withdrawal
AP ^ | 12/30/02 | The Associated Press

Posted on 12/30/2002 3:29:23 PM PST by Jean S

WASHINGTON (AP) - A federal judge dismissed a lawsuit by 32 lawmakers who wanted to stop President Bush's withdrawal from the 1972 Anti-Ballistic Missile Treaty.

The plaintiffs had contended the withdrawal, which took effect in June, was unconstitutional because President Bush had not sought Congress' approval.

U.S. District Judge John Bates ruled Monday that the lawmakers lacked standing to bring the case, and the withdrawal from the treaty was a political matter, not judicial.

The ABM Treaty was a vital arms control agreement between the United States and the Soviet Union. Bush claimed it became outdated after the Cold War, and the United States needed to develop missile defenses to protect itself from attacks by small countries with missiles and animosity toward the United States.

Bates said lawmakers could have tried political action to prevent Bush from withdrawing from the treaty. For example, they could have sought to deny money for anti-ballistic missile systems.

"The fact that plaintiffs have several political arrows in their legislative quiver underscores the reluctance of the courts needlessly to involve themselves in interbranch disputes," Bates said.

He also noted the lawmakers were not authorized by the House or any committee to bring the lawsuit, and lawmakers were unable to win support for a resolution to urge Bush to consult with Congress on the withdrawal.

"Permitting individual congressmen to run to federal court any time they are on the losing end of some vote or issue would circumvent and undermine the legislative process," he said.

AP-ES-12-30-02 1817EST


TOPICS: Breaking News; Foreign Affairs; Government; News/Current Events
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To: princess leah
Who else but the power hungry democRATS.
41 posted on 12/30/2002 5:01:57 PM PST by desertcry
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To: JeanS

mars is a peaceful planet.


42 posted on 12/30/2002 5:03:11 PM PST by glock rocks
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To: Poohbah
These people were all members of the House. They had no role in approving treaties.

These people all swore an oath to "support and defend the Constitution of the United States"...


I, __, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.
Article II.
Section. 2.
Clause 2:

He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur;...


You don't thin they actually read the FReepin' thing?

43 posted on 12/30/2002 5:19:39 PM PST by michigander
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To: Lonesome in Massachussets
Lee from Texas. Now THAT is a surprise.

NOT

44 posted on 12/30/2002 5:30:25 PM PST by PokeyJoe
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To: gaspar
this is the "extreme radical leftists" or the "far left" or the "socialist extreme" . let's start calling it like it is!!
45 posted on 12/30/2002 5:57:31 PM PST by nadlo
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To: JeanS
========= 2002 Ad hoc FR Judicial Watch in the USA =========

HERO:
Judge John Bates ruled lawmakers lacked standing to bring the case tostop withdrawal
from the 1972 Anti-Ballistic Missile Treaty because it is a political matter, not judicial.

HEROES:
The U.S. Supreme Court ending misuse of public funds
and a coup by Mary Frances Berry (D, US Commission of Civil Rights).

HEROES:
Judges Guy Jr., Leavy, Silberman - Expanded wiretap guidelines do not violate the Constitution

HEROES:
9th U.S. Circuit Court of Appeals - Court blocks legal challenge to detention of Afghan war prisoners

HEROES:
Rebecca W. Watson, Assistant Interior secretary and those who reversed
the Clinton administration's decision to deny approval of a power source
obtained from tapping into hot water beneath the surface of the Medicine Lake caldera,
a 6-mile-by-4-mile remnant of a collapsed volcano in the Modoc National Forest.
48-megawatts will now be produced.


ZERO:
In Los Angeles, US District Judge Robert Takasugi of Los Angeles issued a preliminary
injunction blocking enforcement of the US citizenship requirement for airport guards.

ZEROES:
In Washington, US Federal Circuit Appellate Judges Clevenger, Friedman and Prost
turn down a Petition to Reconsider the throttling of the Constitution and USA by their
rubberstamping false statements and fraud at the US Patent Office.
The Court inaccurately purported that measuring energy output has "no utility" for the USA
even as the USA is at War and needs energy sources.
Amicus Curiae were gagged who would have testified that the Patent Office misquoted them.
[Meanwhile, the US Patent Office under Q. Todd Dickenson issued patents using
astrology to predict lottery numbers, claiming they have unique "operability" and "utility"]

ZEROES:
In San Francisco, the Ninth Circuit Court of Appeals says in Silviera v. Lockyer,
that "the Second Amendment does not confer an individual right to own or possess arms."

46 posted on 12/30/2002 6:43:12 PM PST by Diogenesis
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To: Poohbah
Now, if Tom Daschle and his 49 fellow Democrat Senators filed the suit as an official action of the United States Senate, there'd be an interesting Constitutional question, and we'd finally get a definitive read on the issue.

If the three branches of government are co-equal, why would the Judicial be able to order the Executive around?

47 posted on 12/30/2002 6:57:42 PM PST by metesky
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To: JeanS
What a stellar lineup.
48 posted on 12/30/2002 7:03:31 PM PST by metesky
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Comment #49 Removed by Moderator

To: JeanS
BWA HA HA HA HA HA HA HA!

Liberal handwringers lose AGAIN!!!!

50 posted on 12/30/2002 7:19:06 PM PST by Recovering_Democrat
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To: glock rocks
lol!
51 posted on 12/30/2002 7:19:24 PM PST by Recovering_Democrat
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Comment #52 Removed by Moderator

To: JeanS; Grampa Dave; All
Long list of Losers. Thanks, Jean !




53 posted on 12/30/2002 7:23:26 PM PST by MeekOneGOP
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Comment #54 Removed by Moderator

Comment #55 Removed by Moderator

Comment #56 Removed by Moderator

Comment #57 Removed by Moderator

To: JeanS

Court Rejects Lawmakers' Stupidity

Cite Plaintiffs' Incompetence and Low IQ Scores


58 posted on 12/30/2002 7:40:41 PM PST by Imal
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To: gaspar
How many are in the Black Caucus as well?
59 posted on 12/30/2002 7:45:53 PM PST by Teacher317
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To: Teacher317
Answering my own question...

Congressional Black Caucus (CBC) Members...

Conyers, Hastings, Hilliard, Jackson-Lee, Tubbs-Jones, Kilpatrick, Lee, McKinney, Meeks, and Waters.
10 of the 32 suing lawmakers are on the CBC.
10 of the 37 members of the CBC are included in the suit.

60 posted on 12/30/2002 7:56:36 PM PST by Teacher317
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