Monday, June 7, 2010

Countdown to Dismissal, Are You Ready to Protest

UPDATE VIII: More proof that the Supreme Court usually doesn't involve itself in political disputes. Read the Washington Post, High court turns down No Child Left Behind case and Court won't hear Clinton pay lawsuit.

These case reinforce my belief the health care lawsuits will be dismissed.

UPDATE VII: The speculation continues. Read The Atlantic, What Would Happen if the Supreme Court Struck Down Health Care Reform?

UPDATE VI: For a preview of the government's motion to dismiss the Florida, et al., lawsuit, watch the action in the lawsuit filed in Virginia by that state. Read the Washington Post, Obama administration asks judge to dismiss Virginia suit against health-care law.

To read the motion and some of the other court documents, click here.

UPDATE V: A new copy of the docket has been downloaded, as well as a copy of the amended complaint.

To see these and some of the other court documents, click here.

UPDATE IV: More states and organizations join the health care lawsuit. Read The New York Times, Business Group Joins Suit on Health Law.

UPDATE III: Lest ye had forgotten, there's still the health care lawsuit. Read The New York Times, Florida Suit Poses a Challenge to Health Care Law.

UPDATE II: Here is a copy of the court docket as of April 15, 2010:
Court Docket, Health Care Lawsuit

As you can see, the celebrity seekers are out hoping to become famous, Taitz the 'Birther' amoung them. A few sanctions would put a stop to that effort.

To see some of the other court documents, click here.

UPDATE: The first ruling is in, motion DENIED. Read the Pensacola News Journal, 'Birther' denied standing in health-care case.

The Judge should sanction her for frivolous arguments.

As noted before, the lawsuit challenging the federal health care bill passed last month is being heard in the Federal District Court for the Northern District of Florida, Pensacola Division. The judge said today that the first arguments before him in the case — on the government's motion to dismiss — will begin at 9 a.m. Sept. 14. Read the Pensacola News Journal, Judge sets health care reform lawsuit timeline.

According to the article, the initial scheduling order will require:

Plaintiffs to file an amended complaint (since six other states have joined the lawsuit and several changes to the bill took place during the Senate reconciliation process) on or before May 14,

Government to file an answer to the complaint and to file its motion to dismiss the case on or before June 16, and

Plaintiffs to file a response to the dismissal motion and to file their motion for summary judgment on or before until Aug. 6.

This schedule should allow a ruling on the motion to dismiss before the November elections.

"At least 20 attorneys appeared at Wednesday hearing either in person or by teleconference." We locals will be callin the lawsuit our local economic stimulus.

I expect several delays, but I've posted a countdown timer for the next important date.

What could possibly go wrong?

Just trust them. Read Salon, This Modern World:

Does this remind you of any recent event?

On the Dangers of Flying to Close to the Sun

To understand the "high price for keeping [America's] manhood intact," read The Icarus Syndrome: A History of American Hubris.

The author "calls Ronald Reagan a dove in hawk's feathers, and his final conclusion is that Obama will need to... decouple American optimism from the project of American global mastery."

Contempt of Court or Contempt For God: Now The Teachers Sue

UPDATE IX: Pace High's Class of 2010 has been the center of the prayer disputes, with several members of the class now suing the school district. Well Saturday, "stormy weather forced [the graduation] ceremony indoors, but [the] gym wasn't big enough for everyone," causing a near riot by parents left out. Read the Pensacola News Journal, Parents upset over Pace graduation chaos.

Was it God's retribution?

UPDATE VIII: "In attempts to vacate the [original] agreement, Christian Educators and attorneys from the Christian law group Liberty Counsel argued that the consent decree is dubious because the students have graduated from Pace High School." The Court denied the motion. Read the Pensacola News Journal, Prayer challenge shot down by federal judge.

UPDATE VII: More proof that the latest Liberty Counsel lawsuit is frivolous. Last year, "seeking to avoid additional “protracted litigation” over prayer in Santa Rosa County schools, the American Civil Liberties Union made an offer to the pro-school prayer Liberty Counsel.

The ACLU offered to allow the Liberty Counsel to help reshape a federal consent decree under which the school district is operating." Read the Santa Rosa Press Gazette, ACLU made earlier overture to Liberty Counsel.

And read the letter.

Liberty Counsel refused. And money that could be better spent on education will now be wasted as the Liberty Counsel grandstands.

UPDATE VI: Let's form a group of Friend of the Santa Rosa School Board, intervene in the lawsuit, and move for sanctions!

First step, create a webpage to organize the friends.

UPDATE V: After a quick review of the 90+ page complaint, it appears to be based on exaggeration or fabrication.

Compare each factual allegation to Exhibit C, the SRCSD's Technical Assistance Paper: Frequently Asked Question regarding The First Amendment in Santa Rosa County Schools. That document seems to be a reasonable well thought out effort to remedy the problems that were the basis of the original lawsuit.

If that be the case, the Court should sanction Liberty Counsel, and the appropriate individual plaintiffs.

UPDATE IV: The teachers sue, part II. Read the Pensacola, News Journal, Group sues School Board over prayer decree. Here is the complaint:

Liberty Counsel v. SRCSD, Complaint

I haven't read the it, but if Liberty Counsel is re-arguing the issues that were the basis of the earlier motion to intervene, which was denied, the Court should sanction Liberty Counsel.

UPDATE III: First there was the lawsuit, now will there be two graduations. Read Rick's Blog, Buzz: Pace High will have two graduations:

There is a group in Pace that is quietly organizing a separate high school graduation for the Class of 2010 from Pace High School. It is labeled “The First Amendment Graduation” – which I assume means students and families will be allowed to pray at the service. It’s not known whether the students will also march at the official high school graduation.

UPDATE II: The judge says the teachers can't sue. Read the Pensacola, News Journal, Judge: Group can't fight prayer case, which said that "Liberty Counsel founder and attorney Mathew Staver said Christian Educators plans to sue the Santa Rosa County School District to challenge the constitutionality of the agreement with the ACLU . . . [saying] "the judge has just created nuclear war."

One commentor noted that the "easy way would have been for the Liberty Counsel to sit down and attempt to negotiate a revision when it was offered, not grandstanding and threatening more lawsuits. It's all about the money."

He better watch it. The judge said his arguments had no merit. If he sues the School Board on that issue he could be sanctioned.

UPDATE: The legal arguments continue in the court hearing(s) on the Liberty Counsel's Motion to Intervene. Read the Northwest Florida Daily News, Christian group to sue district over school prayer. The article includes a link to the most recent court documents. Warning -- do not operate machinery while reading the court documents!

In our last episode, a teacher threatened to sue.

On Wednesday, the Liberty Council filed a motion on behalf of Christian Educators Association International to intervene and set aside the consent decree and order. Read the Northwest Florida Daily News, School/religion ruling challenged. Here are the most recent court documents:

The Motion to Intervene by Christian Educators Association International:

The Memorandum of Law in Support of Motion to Intervene:

Exhibit to Memorandum of Law, Federal Guidelines for Religious Expression in Public Schools:

Read these previous posts:

Wrongdoing Not Judicial Tyranny
Happy Ending for ACLU Lawsuit?
Is the Rally for the Constitution, or Religion
Contempt of Court or Contempt For God?