Ace of Spades HQ

June 03, 2012

Judge Milan Smith Has Had It With the Ninth Circuit's Environmental Cases
— Gabriel Malor

"Here we go again," Judge Milan Smith starts in his epic broadside (PDF) against the Ninth Circuit's anti-prosperity, bureaucracy-boosting environmental decisions. The Bush 43 appointee has had enough:

I cannot conclude my dissent without considering the impact of the majorityÂ’s decision in this case, and others like it, which, in my view, flout our precedents and undermine the rule of law. . . .
By rendering the Forest Service impotent to meaningfully address low impact mining, the majority effectively shuts down the entire suction dredge mining industry in the states within our jurisdiction. . . . As a result, a number of people will lose their jobs and the businesses that have invested in the equipment used in the relevant mining activities will lose much of their value. In 2008, California issued about 3,500 permits for such mining, and 18 percent of those miners received Â“a significant portion of incomeÂ” from the dredging. See Justin Scheck, California Sifts Gold Claims, The Wall Street Journal, April 29, 2012. The gold mining operation in this case, the New 49ers, organizes recreational weekend gold-mining excursions. The majorityÂ’s opinion effectively forces these people to await the lengthy and costly ESA consultation process if they wish to pursue their mining activities, or simply ignore the process, at their peril.
Unfortunately, this is not the first time our court has broken from decades of precedent and created burdensome, entangling environmental regulations out of the vapors. In one of the most extreme recent examples, our court held that timber companies must obtain Environmental Protection Agency permits for stormwater runoff that flows from primary logging roads into systems of ditches, culverts, and channels. Nw. Envtl. Def. Ctr. v. Brown, 640 F.3d 1063 (9th Cir. 2011). In the nearly four decades since the Clean Water Act was enacted, no court or government agency had ever imposed such a requirement. Indeed, the EPA promulgated regulations that explicitly exempted logging from this arduous permitting requirement. Yet our court decided to disregard the regulation and require the permits.
The result? The imminent decimation of what remains of the Northwest timber industry.

He goes on to note a Ninth Circuit decision that killed the San Joaquin Valley by foreclosing irrigation:

Farmers, too, have suffered, and will continue to suffer, from the impact of similarly extreme environmental decisions. The Central Valley Project Improvement Act, Pub. L. No. 102-575, 106 Stat. 4600 (1992), requires that 800,000 acre feet of water in CaliforniaÂ’s Central Valley Project be designated for Â“the primary purpose of implementing the fish, wildlife, and habitat restoration purposes and measures[.]Â” In San Luis & Delta-Mendota Water Authority v. United States, 672 F.3d 676 (9th Cir. 2012), the majority inexplicably read this requirement to mean that water counts toward that yield only if it Â“predominantly contributes to one of the primary purpose programs.Â” Id. at 697. This interpretation has absolutely no basis in the statutory text. The practical impact of this decision is that there will be less, perhaps far less, water for irrigation in the San Joaquin ValleyÂ’s $20 billion crop industry. The regionÂ’s farms and communities, and the thousands of people employed there, already have suffered because of the lack of water, with approximately 250,000 acres of farmland now lying fallow, and unemployment ranging between 20 percent and 40 percent.

Judge Smith concludes:

No legislature or regulatory agency would enact sweeping rules that create such economic chaos, shutter entire industries, and cause thousands of people to lose their jobs. That is because the legislative and executive branches are directly accountable to the people through elections, and its members know they would be removed swiftly from office were they to enact such rules. In contrast, in order to preserve the vitally important principle of judicial independence, we are not politically accountable. However, because of our lack of public accountability, our job is constitutionally confined to interpreting laws, not creating them out of whole cloth. Unfortunately, I believe the record is clear that our court has strayed with lamentable frequency from its constitutionally limited role (as illustrated supra) when it comes to construing environmental law. When we do so, I fear that we undermine public support for the independence of the judiciary, and cause many to despair of the promise of the rule of law.

Excellent. I chopped out most of the legal portion of his analysis, so if you're interested, his dissent starts on page 40 of the PDF.

Posted by: Gabriel Malor at 09:23 AM | Comments (187)
Post contains 760 words, total size 5 kb.

1 Nice to know that there are SOME level heads on the 9th CC -

Posted by: Teresa in Fort Worth, TX at June 03, 2012 09:25 AM (0xqzf)

2
Ugh, this is a minority opinion.

Posted by: the new, improved arhooley -- now with 10% more cynicism! at June 03, 2012 09:26 AM (7P/17)

3
Romney did say something about disbanding or cutting back the EPA, right? I hope I didn't dream that.

Posted by: the new, improved arhooley -- now with 10% more cynicism! at June 03, 2012 09:26 AM (7P/17)

4 Smith and Kozinski are lights in what is otherwise the black hole that is the Ninth Circuit.

Posted by: LASue at June 03, 2012 09:26 AM (wAhNv)

5 Dissent is the highest form of Patriotism...wha?

Posted by: Secretary of Support Hose Clinton at June 03, 2012 09:28 AM (EXMBt)

6
Smith notes that courts are "unaccountable" and thus free to fuck up citizens' lives with impunity and says executives and legislatures can't get away with this kind of crap.

Sounds a tad out of touch to me. Someone establishes and funds those g.d. agencies.

Posted by: the new, improved arhooley -- now with 10% more cynicism! at June 03, 2012 09:28 AM (7P/17)

7 Yeah, how cool is it to drive for hours through the Central Valley of CA and see dead skeleton like almond trees on parched earth stretching out to the horizon? Pretty fucking awesome shit that.

Of course we hear no environmental impact on all the millions of animals and insects that lost their habitat to what is essentially now the surface of the moon on one of the most fertile places on the planet.

Posted by: Clutch Cargo at June 03, 2012 09:29 AM (Qxdfp)

8 3 Romney did say something about disbanding or cutting back the EPA, right? I hope I didn't dream that.

Perry, yes, Cain yes, Gingrich yes, crazy Uncle Ron yes, Mitt? Not so much.

Posted by: Clutch Cargo at June 03, 2012 09:30 AM (Qxdfp)

Posted by: Clutch Cargo at June 03, 2012 01:29 PM (Qxdfp)

Irrigation raises water tables in almost all areas where it is utilized. Creating more riparian habitat than not irrigating at all.

But, fuck it. The Sierra Club, et al have spoken.

Posted by: garrett at June 03, 2012 09:33 AM (EXMBt)

10 Posted by: the new, improved arhooley -- now with 10% more cynicism! at June 03, 2012 01:28 PM (7P/17) But then he continues and notes that such a fact is exactly why the courts shouldn't veer from interpreting law. The judges can't have their salaries cut or be fired, so they are pretty much free to do whatever they please. God help us.

Posted by: In Exile at June 03, 2012 09:36 AM (fnhbh)

11 The EPA needs to be shitcanned. Or at least reduced to the level of a federal committee. Let the states monitor their own filth.

Posted by: Fritz at June 03, 2012 09:37 AM (ZN5qR)

12 Wherever environmentalism goes, death and destruction. It's a mental disorder. It has to be.

Posted by: ErikW at June 03, 2012 09:39 AM (D55dL)

Thomas Friedman has a piece on Romney's weakness today...the Environment!

Catain China is Leading the Way is impugning Romney and the Right for their lack of Green Policy.

Man, I hope Ace rubs his scent gland all over that fucker.

Posted by: garrett at June 03, 2012 09:39 AM (EXMBt)

14 "Follows," that is. Damn tiny keyboard.

Posted by: ErikW at June 03, 2012 09:41 AM (D55dL)

15 There IS public accountability for the judiciary. The public IS ultimately responsible for judicial activism. It's voters who elect presidents and senators, who in turn nominate federal judges and approve them. If the public doesn't like what the judiciary does then they should take more care in who they vote for.

Posted by: Gary at June 03, 2012 09:42 AM (8WMjP)

16 They're messing with my amateur prospector compadres on this one. The dredges they're talking about are mainly just for fun, and they do no more damage to the rivers/streams than wading would. Anyone looking for an outdoors hobby with deep conservative/libertarian roots should go buy a pan and hop aboard (offer void in most States due to lack of gold).

Posted by: Lincolntf at June 03, 2012 09:45 AM (HethX)

Posted by: Soap MacTavish at June 03, 2012 01:43 PM (vbh31)

Best part of the Robot Chicken spoofs is the running bit on the alien that gets his arm chopped off.

I think he's a Sasquatch lookin thing.

Posted by: garrett at June 03, 2012 09:46 AM (EXMBt)

18 California: the Granola State. What isn't fruits or nuts, is flakes.

Posted by: Beefy Meatball at June 03, 2012 09:48 AM (mxnUd)

19 The Ninth Circuit majority might want to put some ice on that.

Posted by: Count de Monet at June 03, 2012 09:49 AM (4q5tP)

20 Lincolntf, interestingly enough, I remember reading in thw local fishwrapper that gold dust has been found in every creek and stream in Ohio. I think that would be more fun than fishing.

Posted by: ErikW at June 03, 2012 09:52 AM (D55dL)

21 Let the states monitor their own filth.
Posted by: Fritz at June 03, 2012 01:37 PM
--------------
Exactly. In so many ways, exactly.

Posted by: Contemplative Lobster at June 03, 2012 09:52 AM (dKWiU)

22 I have a dream that someday there will be a law that the federal government must sell all of it's land holdings AT LEAST to the states, if not private entities.

I know that doesn't directly apply here but, ya' know, I'm just sayin'.

Posted by: Contemplative Lobster at June 03, 2012 09:55 AM (dKWiU)

Isn't it somehow strange that an American court would seek to advance the interests of the Earth, or animals, over its citizens?

The whole idea that whomever is in power decides what the rules are (by ignoring the Constitution) is a typical Lefty invention. Someone should tell them that even though they hold the reigns of power, there are still rules that constrain them. Most, however, will not believe that, as the Ninth Circus constantly reminds us.

Posted by: BackwardsBoy at June 03, 2012 09:55 AM (d0Tfm)

24 I like to mix it up between fishing and prospecting. They are a lot alike. Ohio, eh? Haven't met anyone who pans up there, but if there are any old mines in your area, I'd give them a shot.

Posted by: Lincolntf at June 03, 2012 09:56 AM (HethX)

25 I feel like we are at that moment when we are standing on the beach and suddenly the tide races outward.

A tsunami of backlash against Big Government is coming. It's coming for sure.

Posted by: pj at June 03, 2012 09:58 AM (DQHjw)

26 Huh. How common is it that the opinions have graphics from classic novels (Gulliver's Travels) included as part of the official record?

Posted by: Contemplative Lobster at June 03, 2012 09:59 AM (dKWiU)

27 Thanks Gabe. I enjoyed reading that. How frustrating it must be to sit on that court surrounded by leftards.

Posted by: Yip in Texas at June 03, 2012 10:03 AM (Mrdk1)

28
Yeah, how cool is it to drive for hours through the Central Valley of CA and see dead skeleton like almond trees on parched earth stretching out to the horizon? Pretty fucking awesome shit that.
--------------------

Solid blue. Miners vote blue, too, don't they? And there's our problem.

Posted by: the new, improved arhooley -- now with 10% more cynicism! at June 03, 2012 10:07 AM (7P/17)

29 I'll definitely be looking into it. Ohio is coal country and if I remember right, where there's coal there's usually quartz and where there's quartz there's usually gold.

Posted by: ErikW at June 03, 2012 10:07 AM (D55dL)

30 But what about the 6 dicked tadpole? Have you no heart?!!!!11!!

Posted by: navycopjoe at June 03, 2012 10:08 AM (XrMeG)

31 The Clean Water Act is supposed to apply to "navigable waters" of the United States. This wasn't just decoration; the waters had to be navigable to give Congress jurisdiction under the Commerce Clause. Congress theoretically can't legislate the condition of waters that are wholly within the confines of a single state.

I got an education in what the EPA considers a "navigable water" these days a few years ago. My client had purchased a plot of land intending to use it for agriculture. It had on a dry arroyo into which the prior owner had dumped a pile of garbage. Some "public interest organization" with a fake Indian as a figurehead (Kennedy-related, if I recall correctly) sued my client under the Clean Water Act for an injunction that compelled it to restore the arroyo to its natural state (as well as for tens of thousands of dollars in attorneys fees. Ka-ching!!).

To my amazement I learned that a dry arroyo falls into the EPA's definition of a "navigable water" subject to federal regulation. The case was a multi-million dollar nightmare for my client, who ultimately abandoned the agricultural project. Last I heard, the property is now unproductive vacant land that supports no jobs.

In short, under the Clean Water Act the EPA claims suzerainty over every patch of land onto which rain falls, if there is any chance that the rain will eventually run into a navigable water of the United States. It is amazing and appalling, and something that few Americans understand. The EPA is a monster that must be killed or neutered for the good of the country.

Posted by: Cicero at June 03, 2012 10:10 AM (qhHI4)

32 It's time to add a new District Court and limit the Ninth's jurisdiction to a 2 block radius around the Court

Posted by: Bob's Country Bunker at June 03, 2012 10:14 AM (Bxm/r)

33 They killed the almonds? Holy fucking shit.

Posted by: Jimbo at June 03, 2012 10:14 AM (O3R/2)

They killed the almonds? Holy fucking shit.

The day the almond mines were closed down, a little bit of america died.

Posted by: garrett at June 03, 2012 10:15 AM (EXMBt)

35 38. And the terrorists have won

Posted by: navycopjoe at June 03, 2012 10:17 AM (iBaHp)

36 "Ammond" orchards. Will California still be that land of "fruits and nuts" when they stop growing nuts?

Posted by: Jimbo at June 03, 2012 10:17 AM (O3R/2)

37 Nothing but fruits (John Travolta comes to mind) left.

Posted by: Jimbo at June 03, 2012 10:18 AM (O3R/2)

38 32 Solid blue. Miners vote blue, too, don't they? And there's our problem.

CA gerrymandering looks like a friggin' centipede with polio. It's a lot more conservative than most people think, but there's absolutely nothing we can do about it. Apparently (I guess we knew this) the residents like that bone up their ass.

Oh well, I'll still go vote Tuesday, we'll see if Prop 28 and 29 go through - I'm sure they will because we all want to ~~kill~~ "enhance" term limits and ~~pay more taxes to go out of state~~ fight big tobacco, right?

Posted by: Clutch Cargo at June 03, 2012 10:20 AM (Qxdfp)

39 37 They killed the almonds? Holy fucking shit. Posted by: Jimbo at June 03, 2012 02:14 PM (O3R/2) Tell me about it.

Posted by: Zombie Bob Goulet at June 03, 2012 10:21 AM (oipCQ)

40 40 Will California still be that land of "fruits and nuts" when they stop growing nuts?

No big, we already import enough of 'em from south of the border.

Posted by: Clutch Cargo at June 03, 2012 10:21 AM (Qxdfp)

41 PLEASE Romney campaign... AFTER you win in November.. Announce the critical review of all EPA decisions and the dismantling of the EPA as we know it now. The Eco-leftards need to be kicked hard in the nut-sack and made to back off. They've had their way with our budgets and our country since the 70's... time to back 'em off.

That was my favorite part of Perry's platform... get rid of the EPA. ... as a start!

Posted by: Yip in Texas at June 03, 2012 10:22 AM (Mrdk1)

42 The only way Romney is going to do something about the EPA is if we get enough folks in both houses to hold his feet to the fire on the issue. Otherwise, he'll "focus on the economy".

And we all know the EPA has nothing to do with killing businesses and livelihoods, right?

Hopefully, Romney's feet will look like charcoal briquettes after a couple of years.

Posted by: Clutch Cargo at June 03, 2012 10:35 AM (Qxdfp)

43 Heh.... yeah... crispy.

Posted by: Yip in Texas at June 03, 2012 10:36 AM (Mrdk1)

44 Hopefully, Romney's feet will look like charcoal briquettes after a couple of years. Posted by: Clutch Cargo at June 03, 2012 02:35 PM (Qxdfp) Hopefully he won't need us holding his feet to the fire. I would bet that he 1) knows that the EPA is a job killer and 2) is eager to add those jobs back to the economy so that he could get 4 more years

Posted by: In Exile at June 03, 2012 10:38 AM (fnhbh)

45 Congress controls all courts except the Supreme Court. One way to prevent the incestuous inbreeding that occurs inside the ninth circuit court would be to require that all circuit courts be required to rotate their memberships. This maintains their independence but prevents this backwater type of behavior that we see here. Congress can enact this kind of improvement, and it would assure that the courts' opinions become more uniform over time.

Posted by: Jay Bee at June 03, 2012 10:39 AM (6W8+8)

46 Romney HAS to know that regulations are killing the economy. Soooo, in that vein, I think he could get away with a moratorium on stuff for a set amount of years, with a sunset provision that certain regs will be suspended for say 10 years; so businesses can plan for a window, and then there will be a sunset review to see if bringing the reg back is warranted or helpful.

Posted by: Yip in Texas at June 03, 2012 10:39 AM (Mrdk1)

47 I should have said Congress controls all Federal courts...

Posted by: Jay Bee at June 03, 2012 10:40 AM (6W8+8)

48 That's what they say, ErikW. I haven't made the leap to crushing quartz looking for gold yet, but I have a small stockpile of quartz from various known producing spots. When I rig up a good way to crush them I will, but it's not easy in a quiet little neigborhood.

Posted by: Lincolntf at June 03, 2012 10:43 AM (HethX)

49 OT: My little fawn is still here....by itself. I'm thinkin' momma met her end somewhere. (For those that missed it this a.m.....I have a little fawn hiding in the bushes in my landscaping near the driveway.)

I'm sure I'll hate this thing when it's older but it's sooo damn cute right now!

Posted by: Tami at June 03, 2012 10:44 AM (X6akg)

50 48 Hopefully he won't need us holding his feet to the fire.

I wish he'd start talking about it then. I only remember Herman, Newt and Rick talking about killing the EPA, the Fed, the IRS, the Department of Education...

Not Mitt. Live and let live.

Posted by: Clutch Cargo at June 03, 2012 10:49 AM (Qxdfp)

51 Posted by: Tami at June 03, 2012 02:44 PM (X6akg) Tami, are there animal rescue organizations in your area? If Mom doesn't come back, that might be your best bet.

Posted by: Scobface at June 03, 2012 10:49 AM (IoNBC)

52 Good idea, Scobface. I know there is an animal control. I'll see if I can find an animal rescue organization.

Posted by: Tami at June 03, 2012 10:51 AM (X6akg)

53 Tami, I don't know where you are, but many States have a "Wild Care" organization that you can call in cases like this. I've used them for injured birds/turtles, and they know their shit. They might have a suggestion or two if you are worried about it being injured/sick.

Posted by: Lincolntf at June 03, 2012 10:55 AM (HethX)

54 34 But what about the 6 dicked tadpole? Have you no heart?!!!!11!! Posted by: navycopjoe at June 03, 2012 02:08 PM (XrMeG He can die a thousand deaths. All he ever wanted me for was sex, and the bastard hasn't paid child support in over three years.

Posted by: six vaginaed tadpole at June 03, 2012 10:56 AM (yfgUc)

55 Posted by: Tami at June 03, 2012 02:51 PM (X6akg) I didn't know this until a friend at work told me about it, but in this area people "adopt" orphaned animals for later release. A nearby wildlife refuge trains the "parents" for proper care of each species. They follow rules to insure the best chance of the animals' survival when it's eventually released.

Posted by: Scobface at June 03, 2012 10:57 AM (IoNBC)

56 Tami.. you can find your states' wildlife agency ( who you get hunting licenses from) and they should be able to help. If the fawn is big enough to eat leaves, it will be ok short of running out in traffic, or being run down and eaten by predators, .. pack of dogs, large swarming killer-bees, fire ant horde, black mold spores, 24oz sugar drinks, democrats.. etc.

Posted by: Yip in Texas at June 03, 2012 11:02 AM (Mrdk1)

57 Ok, left a message at the Wildlife Center of Fairfield County. Hopefully, either they or someone they know can come get this poor thing.

Posted by: Tami at June 03, 2012 11:05 AM (X6akg)

58 Hey! I wonder if a Republican White House and Senate might help solve this problem...

Posted by: MTF at June 03, 2012 11:26 AM (JOnLy)

59 heh

Posted by: Yip in Texas at June 03, 2012 11:29 AM (Mrdk1)

60 Off topic, but a good ball game's coming on right now. NCAA Softball World Series Semi-Finals: #1 Cal vs #2 Bama. It's on ESPN and ESPN3. Roll Tide.

Posted by: Scobface at June 03, 2012 11:33 AM (IoNBC)

61 One of the wildlife refuge people called back. She said it's perfectly normal behavior (which is what the morning crew told me) and that the mother could be gone as long as 3 days. As long as the fawn is not visibly injured, lying on it's side with ear to the ground and not making any noise (it is doing none of those things) she said it's fine. Mom might come back in the middle of the night to move it. Told me to call her back if anything changes or the mom doesn't appear in 3 days.

Posted by: Tami at June 03, 2012 11:34 AM (X6akg)

62 re 7: If it looks like a desert without irrigation introduced by man, then that's how it should look, right? Learn to think like someone who loves the earth more than his selfish self.

Posted by: mallfly at June 03, 2012 11:35 AM (bJm7W)

63 Posted by: Tami at June 03, 2012 03:34 PM (X6akg) I knew the moms often leave their fawns, but I had no idea they left them for 3 days. Wow.

Posted by: Scobface at June 03, 2012 11:36 AM (IoNBC)

64 I know, right! 3 days? Crappy moms.

Posted by: Tami at June 03, 2012 11:40 AM (X6akg)

65 <a href="http://minx.cc/?blog=86&post=329816#c18762307">@ LA Sue #4</a> As I'm sure you recall, Kozinski was the one who drove the wooden stake through the heart of junk science in the courtroom in Daubert. I love that judge!

Posted by: John Cooper at June 03, 2012 11:42 AM (JAbF9)

66 This Judge Smith needs to be on the Supreme Court. Seems like just the fellow to help take an axe to some of the last few years.

Posted by: SGT Dan at June 03, 2012 11:43 AM (Hvsud)

Posted by: Cicero at June 03, 2012 02:10 PM (qhHI4)

Yep... the Feral Government...

Now... if you were a peaseant during the dark Ages, and did not pay your 'rent' to the Lord of the Land, you would be thrown from your land, and it given to someone who would pay....

Today, if you do not pay your Property Tax to the State, you are thrown from your land, and they auction off your property to the highest bidder... and in fact, under the Kelo decision the Government can seize your land if someone else will generate MORE Tax revenue from it....

Progress....

Posted by: Romeo13 at June 03, 2012 11:55 AM (lZBBB)

We should all be pleased to note that Comrade Govenor Brown has said that all the environmental mumbo jumbo that could be applied to his shiney new high speed choo choo train project will not apply.

That's exactly how the facist left operates. Heads they win, tails you lose.

Posted by: torabora at June 03, 2012 11:56 AM (ZT9IP)

69 Very good, Tami. Hopefully all will be well in Bambi-land.

Posted by: Lincolntf at June 03, 2012 11:57 AM (HethX)

70 Today, if you do not pay your Property Tax to the State, you are thrown from your land, and they auction off your property to the highest bidder...

During the depression popular culture always make little Nell being evicted from her home/farm by evil Simon Legree who holds the mortgage. But in fact, during the depression more people were evicted and foreclosed on for failure to pay taxes. Most people did not have a mortgage in those days.

Posted by: Vic at June 03, 2012 12:00 PM (YdQQY)

71 Thanks Lincolntf and everyone else for their helpful suggestions.

Posted by: Tami at June 03, 2012 12:02 PM (X6akg)

72 Thanks for that fact Vic....that's coming too I'm sure when the pension ponzi collapses.

Posted by: torabora at June 03, 2012 12:03 PM (ZT9IP)

73 Yep Vic... of course, the dems were in charge, so we had to show that the evil bankers were the ones.. .not the government that were evil. Communism .. Evil capitalists are to blame, not the tax-everything government.. At least you can pay your debt back to a bank... you'll pay taxes till you die or they'll come take your stuff..

Posted by: Yip in Texas at June 03, 2012 12:04 PM (Mrdk1)

74 The federal courts definitely are at stake this November. If non-voting conservatives reelect Obama then the SCOTUS quite likely will wind up like the 9th Circuit. If Romney prevails, however, there will be a lot more Milan Smith style judges and a lot fewer Reinhardts and Wardlaws, etc.

Posted by: Tsar Nicholas II at June 03, 2012 12:08 PM (r2PLg)

75 We're experienced and practice daily. Killing jobs is what we do best.

Posted by: Democrats at June 03, 2012 12:09 PM (LLJTF)

76 This isn't the book thread but to learn about the incredibly bad times during the dust bowl days and the depression read The Worst Hard Times. I swear it will make you break down and cry.

http://is.gd/tzifXI

And it was ALL caused by the federal government.

Posted by: Vic at June 03, 2012 12:10 PM (YdQQY)

Posted by: Vic at June 03, 2012 04:10 PM (YdQQY)

Hell, you just have to look at Californias Central Valley TODAY, to see the Government destroying an entire region of Farmland, and causing massive unemployment.

Posted by: Romeo13 at June 03, 2012 12:14 PM (lZBBB)

78 Isn't it odd how we can get so invested in the fate of some animals? I swear when I see some random squirrel scurry across the road just ahead of some meathead in an Escalade, I'd rather see the Caddy crash than the rodent be hit. It's not logical but it's real.

Posted by: Lincolntf at June 03, 2012 12:16 PM (HethX)

79 86 Posted by: Vic at June 03, 2012 04:10 PM (YdQQY)

Hell, you just have to look at Californias Central Valley TODAY, to see the Government destroying an entire region of Farmland, and causing massive unemployment.

Posted by: Romeo13 at June 03, 2012 04:14 PM (lZBBB)

What percentage of California's ag industry did the EPA kill off? What is the impact on produce prices?

Posted by: model_1066 at June 03, 2012 12:17 PM (PWwbk)

Posted by: Lincolntf at June 03, 2012 04:16 PM (HethX)

Preach On Brother!

Posted by: Squirel Liberation Front at June 03, 2012 12:17 PM (lZBBB)

81 What percentage of California's ag industry did the EPA kill off? What is the impact on produce prices?

Posted by: model_1066 at June 03, 2012 04:17 PM (PWwbk)

What is killing them is the watermelon eco-fascists and their lawyers. Not only have the commies passed laws making the EPA all powerful, but they also made it damn easy to sue.

That is what enabled them to sue over the stupid delta smelt and the bull shit muscles in GA that required the water level in the lake supplying Atlanta to be lowered to during a drought to keep the stupid muscles flooded.

Posted by: Vic at June 03, 2012 12:21 PM (YdQQY)

82 The lifetime appointments of federal judges contradicts the ideas of Charles Montesquieu, whom the founders relied heavily upon.

Rotate them in. Rotate them out.

Posted by: Jimbo at June 03, 2012 12:23 PM (O3R/2)

83
Well, here's one finding:

Most of RomneyÂ’s plans depend heavily on Congress: Amending environmental laws to say that carbon dioxide is not a pollutant and should not be regulated under the Clean Air Act Â— the basis for Obama administration climate-change regulations; requiring new cost considerations, specifically that new regulatory costs would be offset by the repeal of older regulations; and requiring that all major regulatory actions receive congressional approval.

Posted by: the new, improved arhooley -- now with 10% more cynicism! at June 03, 2012 12:24 PM (7P/17)

84 I think the judiciary nowadays is another result of politicions passing the buck to keep from taking a stand and offending a constituancy. In my own words, fuck `em all.

Posted by: rightlysouthern (aim low boys, they`re ridin shetland ponies) at June 03, 2012 12:25 PM (sqzvk)

85 "re 7: If it looks like a desert without irrigation introduced by man, then that's how it should look, right? Learn to think like someone who loves the earth more than his selfish self.

Posted by: mallfly at June 03, 2012 03:35 PM (bJm7W) "

You are a fucking idiot. The San Juaquin Valley is the breadbasket of the West and beyond.

Posted by: Jimbo at June 03, 2012 12:26 PM (O3R/2)

86
More:

Romney wants to strip the EPA of its power to regulate carbon emissions. (What? That just means he wants to go back to pre-Obama, which ain't sayin' much.)

More more:

Romney has promised a broad campaign to cut regulations on water and land, as well. He suggests that any new regulations would have to be approved by Congress. (Oh yeah, he says the costs of any new regs would have to be offset by eliminating old regs. NET ZERO, not good enough.)

So, yeah, he'll have to be held down, sued, smacked, burned, and have his hair cut.

Posted by: the new, improved arhooley -- now with 10% more cynicism! at June 03, 2012 12:31 PM (7P/17)

87 Bama 1. Cal 0. And mallfly was kidding, I think.

Posted by: Scobface at June 03, 2012 12:32 PM (IoNBC)

88 One of the stupidest things about the EPA is that they regulate under the "zero threshold" hypothesis. Basically this means if 100% of something kills 100% of the people, then 1% will kill 1 person.
Applied to reality, this means that, according to EPA standards, if water at 100 degrees centigrade burns 100% of people, then water at 1 degree centigrade will burn 1 person.
And they pass laws based on this lunatic idea.

Posted by: Nemo from Erewon at June 03, 2012 12:36 PM (gp4ev)

89 I don't think mallfly was kidding.

He/she/it sounds like a misanthrope.

Posted by: Jimbo at June 03, 2012 12:37 PM (O3R/2)

90 And they pass laws based on this lunatic idea.

Posted by: Nemo from Erewon at June 03, 2012 04:36 PM (gp4ev)

Their second hand smoke rule was based on bullshit like that in a "study". One of the tobacco companies sued them over it. The judge after hearing testimony about how thy violated all normal statistical sampling methods and their own rules in making the study threw the EPA out of court.

Note that they did not get rid of the rule despite the court order and still enforce it today.

Posted by: Vic at June 03, 2012 12:40 PM (YdQQY)

91 You might also remind mallfly that saying nature "should" look a certain way doesn't make much sense unless one is a creationist. Leftists are all about SCIENCE until it's time to hate humanity and get touchy-feely about the wee critters.

Posted by: kartoffel at June 03, 2012 12:40 PM (OgNv0)

92 Romney will look at the national balance sheet and shit his pants for a minute (who wouldn't?) before he gets down to business. And then he will be ruthless to the extent his authority extends, it's the only way to rectify the books. And it won't be all Red on Blue or vice versa, there are plenty of petty regulatory fiefdoms in Red States that will have to get chucked, no matter how porky they are for the State or how convenient for Repub incumbents.

Posted by: Lincolntf at June 03, 2012 12:41 PM (HethX)

93 >I got an education in what the EPA considers a "navigable water"

The mud puddle on our local gun range has attracted the attention of the EPA. Membership fees more than doubled to pay for cleaning up the lead pollution.

Posted by: Bob mostly-undead Saget at June 03, 2012 12:46 PM (dBvlk)

94
Romney will look at the national balance sheet and shit his pants
-------------------

That's my only hope. The man hates red-colored balance sheets (he's anti-Cherokee that way) and the special underwear is too cumbersome to be changing all the time.

Posted by: the new, improved arhooley -- now with 10% more cynicism! at June 03, 2012 12:48 PM (7P/17)

Soooo Mallfly.... Live in a HOUSE? Drive a Car? Shop in stores? Hunt for food with nothing but your teech and bare hands?

If not, you must hate the Earth?

Funny how enviro nuts want everyone ELSE not to use the Earth... as they go on their way eating well, off the labor of those same farmer they despise...

Posted by: Squirel Liberation Front at June 03, 2012 12:51 PM (lZBBB)

96 OT but the Washington Post is wondering, "What if the United States had a Queen?" I simply fail to understand how returning Barney Frank to Congress would help anything.

Posted by: CoolCzech at June 03, 2012 12:55 PM (niZvt)

97 Whatta you mean CZ// We HAVE a freakin' Queen now! Her Highness, SCOAFM and her show-wife Frengi-Queen Michelle

Posted by: Yip in Texas at June 03, 2012 12:57 PM (Mrdk1)

OT but the Washington Post is wondering, "What if the United States had a Queen?"

I simply fail to understand how returning Barney Frank to Congress would help anything.

Posted by: CoolCzech at June 03, 2012 04:55 PM (niZvt)

*rimshot*

Posted by: ErikW at June 03, 2012 12:57 PM (3qFIh)

99 Bama 2 Cal 0 Mallfly wasn't kidding. What an idiot.

Posted by: Scobface at June 03, 2012 12:57 PM (IoNBC)

100 105 OT but the Washington Post is wondering, "What if the United States had a Queen?"

Doesn't Obumbles pretty much fill that roll?

Posted by: Mr. Al U Fods at June 03, 2012 12:58 PM (+BkI8)

101 Firengi-Queen Moochelle

Posted by: Jimbo at June 03, 2012 12:59 PM (O3R/2)

102 heh...

Posted by: Yip in Texas at June 03, 2012 01:02 PM (Mrdk1)

103 OF COURSE I WAS KIDDING!! Can't a guy imitate a stupid leftist here without adding the /sarc/ tag?
By the way, you should vote for me next time around because I'm1/128 Heckowee Indian.

Posted by: mallfly at June 03, 2012 01:04 PM (bJm7W)

104

Posted by: Lincolntf at June 03, 2012 04:16 PM (HethX)

Hell.... I wish we DID have a Ferengi Queen... then at least someone in the Whitehouse would understand basic Business, and math...

Posted by: Squirel Liberation Front at June 03, 2012 01:04 PM (lZBBB)

105 and the value of ladinum.

Posted by: Jimbo at June 03, 2012 01:05 PM (O3R/2)

106 mallfly, good job. You fooled me.

I thought you were a troll sent over from the Sierra Club.

Posted by: Jimbo at June 03, 2012 01:06 PM (O3R/2)

107 Bama 2 Cal 2 I'm glad mallfly was kidding.

Posted by: Scobface at June 03, 2012 01:08 PM (IoNBC)

108 pbththth to all of you.
Next time I want to sound like an Ivy League airhead I'll post at Kos. "Bush created this mess and now the tea party extremists won't let President Obama undo the damage!" Yeah, that sounds good. Maybe I need booster shots first, I dunno.

Posted by: mallfly at June 03, 2012 01:14 PM (bJm7W)

109 Sorry mallfly. I didn't recognize the nic. Please sarc all you want.

Posted by: Jimbo at June 03, 2012 01:17 PM (O3R/2)

110

Posted by: Mr. Al U Fods at June 03, 2012 04:58 PM (+BkI --------------------------

I see what you did there!

Posted by: torabora at June 03, 2012 01:17 PM (ZT9IP)

111 I, knew mallfly was just joshing, I think (therefore I yam?).

Posted by: rightlysouthern (aim low boys, they`re ridin shetland ponies) at June 03, 2012 01:18 PM (sqzvk)

112 Or, I yam what I yam and that's all that I yam.

Posted by: Jimbo at June 03, 2012 01:19 PM (O3R/2)

113

Whats been interesting to me all weekend.... NO real press coverage about the US using Cyberwar against Iran... and the implications of the US Government writing virus's.

Its interesting to note, that under FEDERAL law, its not against the law to write a virus until it infects a GOVERNMENT computer... Thus the Government has given itself permision to invade OUR privacy, but we have no real recourse as of yet.

And in the press???? Crickets...

Posted by: Romeo13 at June 03, 2012 01:20 PM (lZBBB)

114 (therefore I yam?).
Posted by: rightlysouthern (aim low boys, they`re ridin shetland ponies) at June 03, 2012 05:18 PM
-----------------
Mmmmmmm...yams

Posted by: Homer Simpson at June 03, 2012 01:20 PM (ay6+/)

115 >>>Can't a guy imitate a stupid leftist here without adding the /sarc/ tag?

Not when we're all too lazy to look up your hash.

Posted by: kartoffel at June 03, 2012 01:22 PM (OgNv0)

116 If the press or left can't tie something to the GOP or a republican President, they are completely uninterested in covering it, ie, the computer viruses and the geo-political can or worms they are. It is clearly an act of war, is it not? Now that Barky has claimed credit ( via leaks ), now what? Nothing to see here... please move along... SHINY OBJECTS

Posted by: Yip in Texas at June 03, 2012 01:23 PM (Mrdk1)

117 Sweet taterrrrrrrrrrrs (huh)

Posted by: rightlysouthern (aim low boys, they`re ridin shetland ponies) at June 03, 2012 01:24 PM (sqzvk)

118

Not when we're all too lazy to look up your hash.

Posted by: kartoffel at June 03, 2012 05:22 PM (OgNv0)

Did someone say Hash???

Posted by: Barry, Choom gang member... at June 03, 2012 01:24 PM (lZBBB)

119 shsh! don't mention hash! Next thing you know, Bloomberg will want to ban that, too.

Posted by: mallfly at June 03, 2012 01:24 PM (bJm7W)

120 What's a fair price to pay to have the thingamajig on my furnace replaced? I was thinking about spending some federal money and was wondering what is a good deal. I'm checking craigslist right now for services offered...

Posted by: Yip in Texas at June 03, 2012 01:25 PM (Mrdk1)

121

Posted by: Yip in Texas at June 03, 2012 05:23 PM (Mrdk1)

Yeah, because those virus's, which CAN read data from computers by some reports, are also on AMERICAN computers (you can't control the spread)...

Ergo, we are NOT safe in our persons, or our PAPERS....

Posted by: Romeo13 at June 03, 2012 01:26 PM (lZBBB)

122 When's the draft for the Fantasy Supreme Court League? I want him on my side.

Posted by: t-bird at June 03, 2012 01:27 PM (FcR7P)

123 on the other hand, there's "I is what I is" from Popeye's cousin, Blackeye.

oops. I denounce myself.

Posted by: mallfly at June 03, 2012 01:27 PM (bJm7W)

124
OT can someone tell me what this econo-geddon in Europe is going to look like? Will people be using wheelbarrows of money to buy bread, like in the Weimar Republic of 1930? Will British women be grateful if you bring them pantyhose?

Posted by: the new, improved arhooley -- now with 10% more cynicism! at June 03, 2012 01:29 PM (7P/17)

125

Woods and Sabbatini tied at -8.

I'm not watching but judging by what I saw yesterday, 18 will eat them both. Nobody shot well on it.

I wouldn't be surprised if there's a sudden death playoff.

Posted by: ErikW at June 03, 2012 01:31 PM (3qFIh)

126 @133... Is this a test? I was told there wasn't going to be any quizzes about wheelbarrows or pantyhosed Britans for that matter...

Posted by: Yip in Texas at June 03, 2012 01:31 PM (Mrdk1)

127 If we`re yam what we`re yam, are we yar what we yar?

Posted by: rightlysouthern (aim low boys, they`re ridin shetland ponies) at June 03, 2012 01:32 PM (sqzvk)

128 It's all pretty much been said already. It's pretty much been a policy of Blue California (LA, Frisco, downtown Sac) to punish Red California (almost everywhere else) for being red, by a process of driving out employers and torching the food supply. It's about the dumbest imaginable thing, but what else would you expect? The breadbasket of the United States is being destroyed. It's effing retarded.

Posted by: Merovign, Dark Lord of the Sith at June 03, 2012 01:34 PM (bxiXv)

129 OT/ since we were talking about our Sierra Club poster, mallfly... I cut and paste this from dinocrat..

The president of the Sierra Club said this and this is not a parody:

Fossil fuels have no part in AmericaÂ’s energy future -Â– coal, oil, and natural gas are literally poisoning us. The emergence of natural gas as a significant part of our energy mix is particularly frightening because it dangerously postpones investment in clean energy at a time when we should be doubling down on wind, solar and energy efficiency.

Posted by: Yip in Texas at June 03, 2012 01:35 PM (Mrdk1)

130
@133... Is this a test?
----------------

Only if you try to say something funny.

Posted by: the new, improved arhooley -- now with 10% more cynicism! at June 03, 2012 01:36 PM (7P/17)

131 re 137: so you make food more expensive: more people need food stamps, more people to depend on the gov't, more people to vote for the people who got us into this mess in the first place. (Start with FDR and work your way up.)

Posted by: mallfly at June 03, 2012 01:36 PM (bJm7W)

132 .. and I know.. .mallfly was joking around. Obviously the SC is so screwy, it's beyond parody...

Posted by: Yip in Texas at June 03, 2012 01:36 PM (Mrdk1)

133 @139 I've got nothing

Posted by: Yip in Texas at June 03, 2012 01:37 PM (Mrdk1)

134 same with energy. I have no doubt that the usual gang of idiots will try to ban fracking at the first opportunity.

Posted by: mallfly at June 03, 2012 01:38 PM (bJm7W)

135 Bama 4 Cal 2 Man, these are two good ball teams.

Posted by: Scobface at June 03, 2012 01:39 PM (IoNBC)

136
Someone at Kos actually has a half-good idea for journalists: "put themselves under oath, insure the factuality of statements with financial bonds, and use the penalties of deception as a selling point for their coverage."

I like it. Little do they dream what would happen to their own media.

Posted by: the new, improved arhooley -- now with 10% more cynicism! at June 03, 2012 01:45 PM (7P/17)

137

I hope everyone realizes that it is not just the feds. It`s all the little local bureaucracies that are stifling any amount of growth.

When you fight them along with the feds, it makes one just about decide to give up and say f it, I`m gone have to live off the land anyway, might as well be now.

Posted by: rightlysouthern (aim low boys, they`re ridin shetland ponies) at June 03, 2012 01:49 PM (sqzvk)

138 Dont forget, they dont do much logging or lumber milling, and the transporting of such, in California anymore. Damn shame.

Posted by: just another dave at June 03, 2012 01:51 PM (14Bl0)

139 Soon there will no buisness in CA other than working for the State government. When that happens things will be just great. They would havce already gone bankrupt if the fed was not buying their worthless bonds.

Posted by: Vic at June 03, 2012 01:57 PM (YdQQY)

140 5.5 hours on the same thread?

Posted by: Vic at June 03, 2012 01:58 PM (YdQQY)

141 Yeah, they broke my ass from logging way back yonder (different state) and then proceeded to brake most of the rest with no thought or regard to all that were put out of work, or where we would get the timber products.

Posted by: rightlysouthern (aim low boys, they`re ridin shetland ponies) at June 03, 2012 02:00 PM (sqzvk)

142

Logging isn't green!!!!

Oh, well, let me rephrase that....

Posted by: The Sierra Club!!!! at June 03, 2012 02:05 PM (sJTmU)

143 Congress can remove the ninth.

Congress sets circuit court district boundaries. There is nothing preventing congress from assigning the Ninth to Point Roberts Washington, creating a new 11th Circuit Court, and assigning it to the remainder of the 9th old area.

In fact, this was exactly how President Jefferson and VP Burr set about removing Hamilton's Federalist appointee judges.

Posted by: Kristopher at June 03, 2012 02:05 PM (Z3y1K)

144 http://tinyurl.com/6unyeco

Point Roberts, BTW.

Posted by: Kristopher at June 03, 2012 02:05 PM (Z3y1K)

145 121 Or, I yam what I yam and that's all that I yam. Posted by: Jimbo at June 03, 2012 05:19 PM (O3R/2) Why, you're nothing but a sweet potato!

Posted by: CoolCzech at June 03, 2012 02:11 PM (niZvt)

146 Aaaaand Bama wins it 5-2.

Posted by: Scobface at June 03, 2012 02:14 PM (IoNBC)

147

Tiger won the Memorial at -9 with three birdies on the last four holes.

I predicted a meltdown and I was WAY wrong.

May the best man win or some such.

Posted by: ErikW at June 03, 2012 02:21 PM (3qFIh)

148

155 - hope thats not an omen.

Posted by: just another dave at June 03, 2012 02:23 PM (14Bl0)

149 155 - hope thats not an omen. You wouldn't by any chance be a Sooner, would you?

Posted by: Scobface at June 03, 2012 02:30 PM (IoNBC)

150 Logging isn't green!!!!
Posted by: The Sierra Club!!!! at June 03, 2012 06:05 PM
---------------------------
It's not easy being green.

Posted by: Kermit at June 03, 2012 02:30 PM (ay6+/)

151 or where we would get the timber products. Posted by: rightlysouthern (aim low boys, they`re ridin shetland ponies) at June 03, 2012 06:00 PM (sqzvk) China!

Posted by: Merovign, Dark Lord of the Sith at June 03, 2012 02:36 PM (bxiXv)

152 No. But with all the nics our preezy has..just sayin

Posted by: just another dave at June 03, 2012 02:37 PM (14Bl0)

153 Obama is a stuttering clusterf*ck of a miserable failure.

Posted by: steevy at June 03, 2012 02:40 PM (Xb3hu)

154 Where is OPEN BLOGGER??

Posted by: Yip in Texas at June 03, 2012 02:47 PM (Mrdk1)

155

Much of China is either close to a desert or over-cultivated rice fields (in the southeast), except for a relatively small area of China in the northeast which has forests (near Noko). China gets its wood used in furniture exports from Burma (Myanmar!), Viet Nam or Siberia.

All of which are heavily forested.

China cares about making money and keeping their people working, because otherwise there would be a bloody revolution and the present gang would be out on their asses.

Posted by: Reader C.J. Burch writes.... at June 03, 2012 02:49 PM (sJTmU)

156 Chinese wood!!!

Posted by: Yip in Texas at June 03, 2012 02:52 PM (Mrdk1)

157 161 No. But with all the nics our preezy has..just sayin Oh, now I get it. Yeah, it's an unfortunate similarity.

Posted by: Scobface at June 03, 2012 02:53 PM (IoNBC)

158 @ 164 Yar.

Posted by: rightlysouthern (aim low boys, they`re ridin shetland ponies) at June 03, 2012 02:56 PM (sqzvk)

159 @164 - actually, we get lumber from all over the place. Canada, when we're not picking trade fights with them. Sometimes the US, though only when the Ninth Circuit and the Sierra Club haven't yet figured out how to argue that the guys cutting trees ought instead to be working in T-shirt shops selling postcards of spotted owls.

Posted by: JEM at June 03, 2012 02:58 PM (o+SC1)

160 @152 - that's pretty much the best idea I've seen in months.

We need a contest - define the appropriate jurisdictional region for the Ninth Circuit.

Beverly Hills?

The Mission District of San Francisco?

Two blocks of East 14th Street in Oakland?

Posted by: JEM at June 03, 2012 03:02 PM (o+SC1)

161 I am a proud member of the Sierra Club and do my best to save Mother Earth from corporatist Republicans. I believe our President Obama can do the best job of making this happen.

Posted by: Mary Cloggenstein from Brattleboro, VT at June 03, 2012 03:02 PM (/I/Y7)

162 Yeah, I know, see above comment "or where it comes from". A lot of the countries we import from could care less about forest management. It`s going to come from somewhere, why not us.

Posted by: rightlysouthern (aim low boys, they`re ridin shetland ponies) at June 03, 2012 03:06 PM (sqzvk)

163 Posted by: Reader C.J. Burch writes.... at June 03, 2012 06:49 PM (sJTmU) Good portions of China used to be forest. As part of the Great Leap Forward, they tore them town. Not f-in kidding. That is why Beijing gets sandstorms

Posted by: In Exile at June 03, 2012 03:07 PM (lfG4F)

164 Speak of trees and that tree hugging bitch from Brattleboro shows up. How you doin, Mary.

Posted by: rightlysouthern (aim low boys, they`re ridin shetland ponies) at June 03, 2012 03:16 PM (sqzvk)

165 What were those "good portions" of China again? the gooey middle or the outer crusty parts?

Posted by: Yip in Texas at June 03, 2012 03:18 PM (Mrdk1)

166 O/T What the hell is "smoked uncured bacon?" I just saw an ad for Oscar Meyer.

Posted by: Jimbo at June 03, 2012 03:20 PM (O3R/2)

167 Unsalted? Jimbo

Posted by: rightlysouthern (aim low boys, they`re ridin shetland ponies) at June 03, 2012 03:22 PM (sqzvk)

168 isn't "cured" the salt process.... so it would have been "smoked" not salted, right?
mmmmm... bacon

Posted by: Yip in Texas at June 03, 2012 03:22 PM (Mrdk1)

169

I seem to remember that a majority of the lumber industry in these parts did NOT want Union bs coming in. Hmmm

Posted by: just another dave at June 03, 2012 03:22 PM (14Bl0)

170 Thanks. But without the salt, wouldn't it suck?

Posted by: Jimbo at June 03, 2012 03:24 PM (O3R/2)

171 Just came back from West Virginia. To say the mountain and holler WVs hate BO is an understatement.

They go all out with their F Obama, he F our coal mines.

Posted by: momma at June 03, 2012 03:26 PM (oKsWl)

172 No salt = sucky bacon... but the Sierra Club demanded no salt bacon.. Wait till they find out the smoke comes from burning unicorn horns!

Posted by: Yip in Texas at June 03, 2012 03:26 PM (Mrdk1)

173 Uncorned.

Posted by: rightlysouthern (aim low boys, they`re ridin shetland ponies) at June 03, 2012 03:29 PM (sqzvk)

174 Another case where libs shoot themselves and reload. Salt is preservative, take it out and either add chem or let`s all git sick and die.

Posted by: rightlysouthern (aim low boys, they`re ridin shetland ponies) at June 03, 2012 03:33 PM (sqzvk)

175

In Exile @ 172:

I've been in a few sandstorm in China. And the area around Beijing is like a dustbowl, although they are trying to replant areas with trees to stabilize the soil.

Out in the northwest of China it IS a desert.

Posted by: Reader C.J. Burch writes.... at June 03, 2012 03:43 PM (sJTmU)

176 Western and SW China has some real high altitude desert. Would not want to live in those areas, maybe visit, nah, too damn old.

Posted by: rightlysouthern (aim low boys, they`re ridin shetland ponies) at June 03, 2012 03:49 PM (sqzvk)

177 We need a contest - define the appropriate jurisdictional region for the Ninth Circuit.

What about Alcatraz?

Posted by: Mr. Al U Fods at June 03, 2012 04:03 PM (+BkI8)

178 rightly, I am spending some of my valuable Sunday monitoring the Internet for right-wing hate and lies as our President asked. I'm constantly finding things here I turn in to fightthesmears and President Obama's Truth Team.

I could only wish that in the future we could properly re-educate all you racist haters.

Posted by: Mary Cloggenstein from Brattleboro, VT at June 03, 2012 04:10 PM (/I/Y7)

179 Bad way to spend your day Mary, but I still love you, you Yankee Bitch.

Posted by: rightlysouthern (aim low boys, they`re ridin shetland ponies) at June 03, 2012 04:22 PM (sqzvk)

180 Chinese wood!!!

Oh no, I'm powerless!!!

Posted by: Alan Scott at June 03, 2012 04:41 PM (HtUdo)

181 Watergate wasn't Nixon's biggest black eye - it was his creation of the EPA - an agency completely out of control.

Posted by: bound4er at June 03, 2012 04:56 PM (38UbW)

182 190... AGREED. Watergate was wildly taken to eleven by the press and the dems who'd had a hatchet ready for Nixon since the 50's. He gave 'em the hatchet. But he did the country some huge damage... EPA, and removal from the Gold standard.

Posted by: Yip in Texas at June 03, 2012 05:22 PM (Mrdk1)

183

Yes this dissent is excellent, but also of the "gee, ya think?" variety - as in obvious, and long overdue.

I actually think the verbal intelligence level and critical thinking power of a large portion of the legal profession - especially those in the "prestigious" areas like constitutional law - are very suspect. The crap spit out by so many (including many on SCOTUS) is sophomoric drivel.

Oh - and that preposterous Prop. 8 "decision" - there's an outstanding example of all the pathologies at work - lack of a judicial temperament, mediocre intellect, hilariously pathetic and unpersuasive "reasoning", outlandish fabrication of facts and principles, histrionic distortion of logic. But at it's in the service of America's favorite current narcissistic jihad of the "enlightened" airheads, it's OK .....

There really should be a playoff here. Kennedy's insane, parody-like idiocy in the Hamdan case (which nicely and blatantly usurped the treaty power, in addition to unabashedly asserting that 1 + 1 = 6.4) against the idiotic cry for help that the psycho barfed up for Prop. 8. Champion gets to go against an all-star team consisting of various insane fabrications "based" on the commerce clause, going back decades.

That was cute and funny, that part of the judge's dissent about damaging confidence in "rule of law". Anyone with a clue and time to pay attention - importantly, a tiny insignificant group - has chuckled at the concept for some time. Did I mention that at my last swearing-in for hazardous overseas duty, half of the people present fought back laughs when the idiot Fed employee drone said "uphold the Constitution"? Afterwards we joked about it, and the fact that none of us had thought about it in advance, but at 7 in the morning, our defenses were down, and the solemnity of the occasion was vastly overshadowed by the ludicrous state of affairs in our dumbed-down, race-obsessed, historically illiterate, unthinking, lawless former republic.

Posted by: non-purist at June 03, 2012 09:01 PM (yJ3Du)

184 Milan Smith is the brother, I believe, of former Oregon Senator Gordon Smith, who now runs the National Association of Broadcasters.

Smith is also from Idaho, and knows all about stuff like this.

And I hope that his words will smack up against the liberal asshats that inhabit the 9th Jerkit Court of Schlameals.

Posted by: Picasa Tucasa at June 03, 2012 10:23 PM (KRxG0)

185 No miners do not vote blue! Us earth rapers understand that everything that doesn't grow from Gaia must be blasted from her. You're welcome.

Posted by: Miner at June 03, 2012 11:51 PM (hqbdB)

186

In Pennsylvania the farmers have a saying: Shoot, Shovel, and Shut-up!

If the EPA doesn't know about an endangered species, they can not take your farm away!

Posted by: burt at June 04, 2012 04:32 AM (OzqQM)

187 test

Posted by: at June 06, 2012 08:29 AM (QupBk)

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