5th Circuit Court lets TX close most abortion clinics

October 3, 2014

We often express our disappointment in the far left rulings emanating from the Ninth Circuit Court of Appeals which has appellate jurisdiction over legal issues in Arizona and eight other states plus two territorial courts. This court is not only the nation’s largest, but also the most overturned.

But today we applaud the ruling of the U.S. 5th Circuit Court —- with an entirely different makeup —- allowing Texas to immediately begin enforcing new abortion restrictions that will close all but seven abortion facilities in America’s second most-populous state. 

Republican Gov. Rick Perry has noted Texas’ 2013 law HB 2,  was designed to protect women’s health.

Texas Attorney General Greg Abbott, a Republican who is consistently polling high in the race for governor, has led the defense of the law. Abbott released a statement saying, “This decision is a vindication of the careful deliberation by the Texas Legislature to craft a law to protect the health and safety of Texas women.”

Abbot’s gubernatorial opponent is Democrat Wendy Davis, who launched her campaign riding the notoriety she achieved during a nearly 13-hour filibuster last June that temporarily blocked the law in the state Senate. Not only did she don running shoes and a back brace during her marathon performance, she was also equipped with a catheter, allowing her to stay on the floor since trips to the restroom were disallowed.

A decision by Judge Jennifer Elrod in the case Whole Woman’s Health, et al v. David Lakey, et al  in the U.S. Court of Appeals for the Fifth Circuit has lifted the district court’s injunction, allowing HB 2 to immediately go into effect.


AZ Court of Appeals upholds campaign finance disclosures

August 12, 2014

The leftist Arizona Republic newspaper shows no constraints when it comes to hammering political conservatives. The latest one in their sights is Arizona’s Attorney General Tom HorneIf there is a topic they can contort to include Horne, the daily’s multi-pronged gang springs into attack mode to unleash their liberal venom in unison, employing opinion crafted as news reports, editorials, columns and biting political cartoons.

When Horne wins major cases he personally argues, the news is met with clenched-jaw stoniness. His victories are marginalized when those cases are heard and won in the U.S. Supreme Court. When he is vindicated by virtue of a judge’s ruling, there is a deafening silence followed by derision of the decision.

His numerous achievements while serving the people of Arizona as Attorney General go unmentioned.

The Arizona Daily Independent provides the latest evidence of the blatant bias. A report titled “Lawsuit against Rotellini results in Court of Appeals ruling,” reveals that Attorney General Tom Horne has won a victory against a high-dollar, “dark money” supporter of his Democrat challenger Felicia Rotellini.

Just days before the 2010 General Election, the deceptively named Committee for Justice & Fairness (CJF) an independent expenditure group, spent approximately $1.5 million running attack ads against then-Superintendent of Public Instruction Tom Horne as he ran for  State Attorney General.

On Thursday, the Arizona Court of Appeals decided in favor of full disclosure in the matter of Committee for Justice & Fairness (CJF) v. Arizona.

The Court of Appeals, Division One ruled that CJF qualified as a political committee that must comply with Arizona’s political committee registration and disclosure requirements. Judge Lawrence Winthrop wrote the opinion (read it here) for the three judge panel.


9th Circus: AZ’s denial of illegals driver’s licenses based in “animosity”

July 8, 2014

Brewer calls DACA program “President Obama’s lawless directive”

In a unanimous decision by a three-judge panel of the Ninth Circuit Court of Appeals it has been ordered that “DREAMers allowed to work in the U.S. by virtue of one of Barack Obama’s infamous executive orders, also must be issued Arizona driver’s licenses.

The Ninth Circuit, often referred to as the Ninth Circus, is the most overturned court in the nation. The judges on the panel —- political appointees of Presidents Carter, Clinton and Obama —- rendered their ruling Monday.

The court rejected arguments by Arizona Gov. Jan Brewer that she was entitled to deny licenses to those in the federal government’s Deferred Action for Childhood Arrivals (DACA) program. The appeals court ordered U.S. District Court Judge David Campbell, to direct the state Department of Transportation to provide licenses to those who are in that program.

Among the completely unverifiable provisions referred to in the decision are the DACA eligibility factors —- including the claim that they were brought to the United States before the age of sixteen and were under thirty-one years old as of June 15, 2012. They must have been living in the United States when DACA was announced and have continuously resided in the United States for at least the previous five years; and they must have graduated from high school, or obtained a GED, or have been honorably discharged from the U.S. Armed Forces, or be currently enrolled in school. Additionally, they must not pose any threat to public safety. Anyone who has been convicted of multiple misdemeanors, single significant misdemeanor, or any felony offense is supposedly ineligible for DACA.

Attempting to prove any of these ages, dates or status, is a fool’s errand. Names and other pertinent identifying information are routinely altered making proof of criminal offenses an enterprise with the incentives far greater than fear of discovery.

Arizona is dealing with an illegal community where forged, stolen or otherwise counterfeit documents to underwrite life in the United States is de rigueur.  Identity theft is a major criminal enterprise especially evident in border states. The intent is to provide documents to facilitate the lives of foreign nationals illegally entering the U.S.

The Ninth Circuit Court’s opinion can be read here.

Gov. Jan Brewer’s strongly worded, single page response to the ruling can be read here.


US Supreme Court lobs a major blow at ObamaCare

June 30, 2014

Today’s 5 – 4 U.S. Supreme Court decision striking down ObamaCare’s employer paid contraception and abortificides —- abortion inducing drug  —– mandate is a decisive victory for religious freedom.  Barack Obama’s efforts at the socialization of American health care has suffered a major setback.

This decision is even a more significant triumph since it is the first time that the high court has ruled that for-profit businesses can hold religious views under federal law.

On June 28, 2012, Chief Justice John Roberts stunned conservatives by joining with the liberal Justices Stephen Breyer, Ruth Bader Ginsburg, Elena Kagan and Sonia Sotomayor—– as he shockingly cast the deciding vote upholding the ‘Affordable Care Act,’ which Obama viewed as his signature domestic achievement. The flagrant and massive federal overreach into American’s personal health care decisions is widely known as ObamaCare. Here is a montage of Obama’s repeated lies.*

In today’s decision, Justice Samuel Alito wrote the majority opinion. Justice Anthony Kennedy, often a swing vote, voted with the majority. The court’s four liberal justices hung tight, with Ginsburg writing the dissent.

The decision in Burwell, Secretary of Health and Human Services, et al v. Hobby Lobby Stores, Inc., (joined by Conestoga Wood Specialties Corp.) can be read here in its entirety.

* H/T to Abraham Reisman for video 


1st Amendment victory in AZ ‘Bus Shelter Ads’ case

May 9, 2014

Freedom loving Arizonans can celebrate Thursday’s Free Speech victory in the state Court of Appeals. The decision allows firearms expert and author Alan Korwin to post bus signs for his gun training business —- TrainMeAz —- without censorship from local government bureaucrats. 

After Korwin signed a contract with CBS Outdoors to place advertisements on 50 city-owned bus shelters, the City of Phoenix objected, informing Korwin the posters which read “Guns Save Lives,” didn’t comply with a requirement that bus shelter advertising only be used for speech that “proposes a commercial transaction.” However, city officials were unable to provide Korwin with any standards that explained what type of messages would meet that vague requirement. Ultimately, the city allowed reworded ads stating, “Guns Stop Crime.”

The Court’s opinion can be read here.

Background on this important case, all of the legal documents and the timeline can be seen here on the Goldwater Institute’s website. Attorneys from the Goldwater Institute, Scharf-Norton Center for Constitutional Litigation represented Korwin.

Seeing Red AZ previously covered this issue December 3, 2013.


SCOTUS approves prayer — John Kerry? Not so much

May 6, 2014

Kerry on Religion: “Not the way I think most people want to live”

In a 5-4 decision Monday, the U. S. Supreme Court upheld denominational prayers at the start of local council meetings, declaring them in line with long national traditions of our Judeo-Christian heritage.

The content of the prayers is not significant as long as they do not denigrate non-Christians or try to win converts, the court said. The decision in the case Greece v. Galloway can be read here.

A federal appeals court in New York had previously ruled that the town of Greece violated the Constitution by opening nearly every meeting over an 11-year span with prayer. Too small for a Mayor, Greece is governed by a town board consisting of a supervisor and four council members.

Senior counsel David Cortman of the Scottsdale-based Alliance Defending Freedom, which represented the town, applauded the court for affirming “that Americans are free to pray.”

Greece Town Supervisor Bill Reilich held a press conference during which he praised the decision saying, “As Americans we are free to pray, we support diversity, we support freedom and we support the Constitution of the United States, where free speech will always prevail.” 

But liberal elitist John Kerry holds a distinctly different view —- not confined to prayer, but the practice of religion, itself.

The Weekly Standard reports that as he addressed the U.S. embassy staff in Addis Ababa, Ethiopia, Secretary of State Kerry discussed what he called the “different cross-currents of modernity” and the challenges they present on the African continent. The comments contain a veiled reference to religion, and the part that religion might be playing in some of the current conflicts in Africa:

“This is a time here in Africa where there are a number of different cross-currents of modernity that are coming together to make things even more challenging. Some people believe that people ought to be able to only do what they say they ought to do, or to believe what they say they ought to believe, or live by their interpretation of something that was written down a thousand plus….two thousand years ago. That’s not the way I think most people want to live.”

Kerry’s appalling address can be read here.


GOP Legislators win appeal on Medicaid expansion

April 23, 2014

The lawsuit filed against Arizona’s Medicaid Expansion —- an issue which caused mammoth legislative rifts last year —- has been given new life as Division One of the state Court of Appeals ruled that thirty-six Republican legislators,* two constituents whose representatives voted against the bill, and taxpayer Tom Jenney, have a constitutional right to challenge the law and the tax levy it imposes.

The Arizona court rejected Gov. Jan Brewer’s assertion that a simple majority of lawmakers have the constitutional authority to decide when a measure needs a two-thirds vote. In the court’s 11-page ruling, Appellate Judge John Gemmill wrote that ignores the actual language of the Arizona Constitution.

A petulant Brewer, who disingenuously called the tax levy an “assessment,” has promised to take the issue to the AZ Supreme Court. All new taxes are subject to a two-thirds legislative vote in the state of Arizona. Brewer pushed this tax through during a special session. The late night ‘debate’ did not allow those in opposition to  speak.

Read the opinion delivered by the three judge panel.

* Andy Biggs,  Andy Tobin; Nancy Barto; Judy  Burges; Chester Crandell; Gail Griffin; Al Melvin; Kelli Ward; Steve Yarbrough; Kimberly Yee; John Allen; Brenda Barton; Sonny Borrelli; Paul Boyer; Karen Fann; Eddie Farnsworth; Thomas Forese; David Gowan; Rick Gray; John Kavanagh; Adam Kwasman; Debbie Lesko; David Livingston; Phil Lovas; J.D. Mesnard; Darin Mitchell; Steve Montenegro; Justin Olson; Warren Peterson; Justin Pierce; Carl Seel; Steve Smith; David Stevens; Bob Thorpe; Kelly Townsend; Michelle Ugenti.


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