Thursday, June 18, 2009

Down in flames

Calif. cities' military recruiting laws tossed AP, via The Journal 1:52 p.m.

Judge tosses Youth Protection Acts TS 2:12:19 PM
Court deals blow to Youth Protection Acts Updated version
< Ahem! Deals blow? >
A U.S. District Court has thrown out the 2008 ballot measures passed by Arcata and Eureka voters that aimed to block the military from recruiting minors in the cities.

Judge Saundra Brown Armstrong ruled in favor of the federal government in San Francisco today, saying the cities hadn't shown that they had suffered any injury. Armstrong wrote that the cities have no standing to bring the claims, which were based in part on alleged constitutional violations.

Arcata and Eureka voters in November passed the ballot measures. The federal government sued, saying the U.S. Constitution's Supremacy Clause doesn't allow cities to regulate the activities of the United States.

Arcata and Eureka countersued, claiming the U.S. military's recruiting policies violate a 2002 international treaty that bans recruiting of children under 17.

Armstrong ordered that the cities are permanently prevented from enforcing the ordinances.

Updated: Arcata City Attorney Nancy Diamond said that the litigation team that worked on the case is evaluating Armstrong's ruling. She said that the City Council would be briefed at its next meeting on July 1. Diamond also said that appealing the matter is not being ruled out.

”We're going to give it a very good, fair evaluation,” Diamond said....

Arcata Councilman Mark Wheetley said that the city will have to determine whether there are grounds for an appeal of the matter. He said that while the city committed to taking on the court battle, at some point it will also have to consider its fiduciary responsibilities.


attaching docs developing.
The Court accordingly ORDERS that the motion for judgment on the pleadings is granted; and further DECLARES that Arcata, California, Ballot Measure F (2008), and Eureka, California, Ballot Measure J (2008), violate the Supremacy Clause of the United States Constitution, and are invalid, and further ORDERS that the defendant, the City of Arcata, California, and its successors, agents, and employees, are hereby permanently enjoined to cease and desist from the enforcement of the ordinance that was enacted by Arcata, California, Ballot Measure F (2008); and further ORDERS that the defendant, the City of Eureka, California, and its successors, agents, and employees, are hereby permanently enjoined to cease and desist from the enforcement of the ordinance that was enacted by Eureka, California, Ballot Measure J (2008).
IT IS SO ORDERED.
Dated: 6/17/09

Time to move on TS editorial

18 comments:

Anonymous said...

Meserve, Cobb, Belknap - just a few who can't stand the constitution and the fact that we still have one.

Anonymous said...

Congtrats, looks like you scooped the Times Standard.

Rose said...

But Hank beat me. LOL
TS time stamp also does, but I checked their site before posting and they weren't up yet. Funny.

Dave Stancliff said...

I'm glad to see that the clowns didn't prevail.
I'm sure they'll come up with another equally stupid idea in time.
But for now, reason reigns.

mresquan said...

Sad to see that we have people around today that would have supported the Brits and turned against anyone on the side of a Revolution against them if the Brits wanted to force any colonialists to become Torries,in order to prevent any sort of an uprising,or any sense that the colonialists should have their own rights.

Rose said...

Dave - Excellent point!!

I dunno, mresquan - it seems to me that some of these guys who try to pull the anti-war card are in fact the most warlike among us. Do you have any doubt that Salzman et al are at war to achieve their aims?

You need only read the blog threads to see that warlike element is full force.

Will they fight FOR the right to keep their freedoms? the freedom of speech? They sure as shit fight for the right to grow pot, and have football on cable TV, and they sure like to play the enforcers, dictating to others - especially when there is money in it for them - huh?

Right now they are too busy fighting their neighbors.

Not the people I want to depend on, not the people i want standing beside me in a crisis.

mresquan said...

Rose,the measure never intended to prevent a student the right to contact a recruiter.You and others may be mistakenly connecting this to the measure which the Berkeley city council looked to enact(not by voter initiative).If I am incorrect I would hope that you would help by showing me where in measures J and F,where it states that a student is prevented from contacting any recruiters.

Rose said...

Why bother, Mark?

Look, YOU made it through high school and beyond with military recruiters around campus, and so did everyone I know.

This whole thing is stupid beyond compare. I know they hated Bush and all that... blah blah blah.

And look at all the time, effort and money wasted on another pointless POS activist wet dream. Sorry, to be blunt.

mresquan said...

No Rose I didn't have to deal with recruiters at my high school as I went to school in a fairly wealthy enough area(perhaps you and your friends had the same luxury) that a recruiter would never target being so close to South Central L.A. on one side and Anaheim and the poorer of O.C. cities on the other.Bill Clinton was President when I became a C.O. and I saw that he too wanted to see the Iraqi's bombed to smithereens.

Anonymous said...

Ahh that pesky Constitution. The hurdle to progressive ideas. First Measure T now the Youth Protection Act. It'd sure be more convenient for Progressives if it weren't there.

Anonymous said...

You law and order types would have Thomas Jefferson spinning in his grave. Flag, God and guns: an utterly un-american position that flies in the face of our Constitution.

You worship the military and don't have the balls to question their insane programs.

You do your worst to force your sick religion into our schools.

You are directly responsible for the out of control murder rate in this country because you have put guns in the hands of lunatics far and wide.

Rose said...

Your ignorance is astounding, 10:27.

But I guess if you are anti-gun you must have something to say about Gallegos' assault team, and AR-15s.

Howlsatmoon said...

Hey Rose.....10:27 HAD to be a snark.....Had to be.

8 Days and Counting....

Anonymous said...

No out-a-control murder rate. In fact most gun owners stop most of the crime in America before num-nums like 10:27 are able to hear about them. The crime we do have is mostly because of stupid liberal ideas that don't work. Ideas that are pushed on our kids in gov. schools.Now if you want to talk about protecting kids lets start there.

mresquan said...

Give it a rest,there are enough right wingers out there pushing gun control laws as well.Provisions set forth by Ayatollah Bush in the Patriot Act did as much damage,if not more,than ever set in place by anti-gun liberals.

Anonymous said...

Wow, I've been censored by Rose. Didn't realize that mresquan was a sacred cow.

Rose said...

Yep. I am tired of you picking on him. He comes here in good faith and, though he and I do not agree on alot of things, it's the discussing that makes it all worth while.

He takes the snark in stride, but there's just no reason for it.

Disagree - that's fine. No need to call names.

Anonymous said...

No need for a lot of things.