The cards are on the table for a winner take all hand
The “Founders’ Intent group, or organization is coming to the table with what they think is a winning hand. They are holding the liberal activist judge card and betting they can win the pot with all the chips of Act 10, the law curtailing most collective bargaining, in their hands.
WE AIN’T BACKING DOWN! Tyranny of Activist Judges Rally!
Well, here we go again.
On Friday, September 14th, Dane County Circuit Court Judge Juan Colas, a former state assistant attorney general, ruled that Act 10 was null and void because it violated both the state and federal constitutions.
We are making an IMMEDIATE statement by showing up RIGHT AWAY to say NO! We ain’t backing down! Join us on North Hamilton St at the Capitol!
The Founders of our nation believed in local, self-governance. And for judges to rule based on APPLYING the Constitution, NOT interpreting it. If you agree, share the message!
A Stay has been filed
Attorney General J.B. Van Hollen officially asked for a stay and filed for an appeal Tuesday of a Dane County judge’s ruling that struck down certain portions of Act 10, the law that eliminated most collective bargaining rights for many public employees. Host Madison
The name of the organization staging the rally ain’t anything if not a generalized, unsubstantiated, and naive brand on the hind quarters of Democracy. But not surprising since nearly every institution, policy, and function of government has been disseminated by the deep pockets of the neoconservatives with the same hot iron: Social Security = Entitlement, Consumer Protection = Big Government, Women’s Health = Abortion, Koch Brothers = George Soros. All of the recent brands of the tea party conservatives are repeated over and over again in any face book, twitter, or Cable TV pundit discussion. The hot brand is set into the hide of the beast of discussion and with a painful cry the beast runs off to become the proven property of the great herd of of the branded belonging to the wealthy drovers and ranchers with the deep pockets that keep the brands white hot and readily available.
The “Founders’ Intent” is a myth of branding that reminds me of the saying, “Like trying to stretch a mosquitoes ass over a rain barrel.” That IS a stretch. Yet, as they say, “Here we go again”. All of the case arguments, precedents, contained in the law books and history of the judiciary are neatly summarized in the brand, “Founders’ Intent” which is neatly summarized in the statement, “The Founders of our nation believed in local, self-governance”. Life is so simple when you leave out all the tedious details.
Back to the card game
The rally of “Founders’ Intent” bets that Judge Juan Colas is one of those liberal, Madison, activist judges that is ruling from the bench. He is making law based on his political leanings and from purely political pressure. This is where I call your bet, and I raise you one Judge Scalia.
In a new book The Oath by Jeffrey Toobin
“Scalia’s view of the justices as gladiators against the president unnerved Roberts,” Toobin writes.
The book describes Scalia as “furious” and “enraged” at Roberts — contradicting Scalia’s public statements brushing aside any tension. Toobin’s book says Scalia has become fixated on politics — and particularly on Obama — at the expense of legal scholarship, saying frustration over the healthcare ruling helped fuel his acerbic statement dissenting from the court’s decision on Arizona’s immigration law.
“Scalia was indeed unhappy with the immigration decision, but the splenetic excess of his Arizona opinion owed far more to his failure (as yet unknown to the public) in the healthcare case,” the book says.
Although Toobin says Scalia has descended from scholar to “right-wing crank,” he notes that Scalia came to the court with a unified theory of law — originalism — and has helped recenter important cases and more general discussions around what the Founding Fathers might have intended.
Justice Clarence Thomas, known primarily for his silence during oral arguments, is the court’s “pathbreaker,” always pushing for more, driving the court to the right in much the same way the Tea Party has pushed Republicans, Toobin says.
Still want to play your Colas Activist Judge Card? There’s more
Common Cause makes a great argument that there’s a conflict of interest between Scalia and Thomas over the Citizens United ruling because of their past participation in Koch Brothers’ Bircheresque political retreats:
I’ll be going to the Common Cause panel discussion and rally against the Koch Brothers Billionaire Caucus next weekend in Palm Springs to represent. Aren’t you getting sick and tired of our Democracy being bought and sold to uber-rich megalomaniacs who only care about their free market profits with no concern for the American worker?
The topic of the participation of Scalia and Thomas has come up before. Susie raised these very questions awhile back. Sam Stein wrote about the judges link to this gathering back in 2010.
In October of 2010, The NY Times wrote this: Secretive Republican Donors Are Planning Ahead
Koch Industries, the longtime underwriter of libertarian causes from the Cato Institute in Washington to the ballot initiative that would suspend California’s landmark law capping greenhouse gases, is planning a confidential meeting at the Rancho Las Palmas Resort and Spa to, as an invitation says, “develop strategies to counter the most severe threats facing our free society and outline a vision of how we can foster a renewal of American free enterprise and prosperity.”Read more New York Times
The invitation, sent to potential new participants, offers a rare peek at the Koch network of the ultra-wealthy and the politically well-connected, its far-reaching agenda to enlist ordinary Americans to its cause, and its desire for the utmost secrecy.
It’s basically a strategy session on how to re-brand their John Birch propaganda to many more millions of Americans that haven’t already bought into their fraudulent claims.
The Kochs also seek to cultivate Americans’ growing concern about the growth of government: at the most recent meeting, in Aspen, Colo., in June, some of the wealthiest people in America listened to a presentation on “a vision of how we can retain the moral high ground and make the new case for liberty and smaller government that appeals to all Americans, rich and poor.” The Real Koch Bros. 2