Wednesday, May 27, 2009
Jerry Brown, Liberal Icon, put a woman on the California Supreme Court.
Jerry Brown was the start down the slippery slope to what you see as California today.
Rose Bird had never been a judge. But she was a LIBERAL.
This is what people remember about her. mainly that no death penalty appeal would get by her.
Bird was born near Tucson, Arizona. Her father, after having deserted the family, died when she was five, so her mother Anne moved with Rose and her two older brothers to New York, where they grew up in poverty. Bird earned her bachelor's degree Magna Cum Laude from Long Island University and went on to graduate from UC Berkeley's Boalt Hall in 1965.
Her career was marked by several firsts: prior to becoming the first female Chief Justice of California, she was the first female law clerk in the Supreme Court of Nevada, the first female deputy public defender in Santa Clara County, the first woman to hold a cabinet-level job in California (as Secretary of Agriculture) and the first chief justice (male or female) to be removed from California's Supreme Court. In 1966 Rose Bird had joined the Santa Clara County Public Defender's Office where, between 1966 and 1974, she held the positions of deputy public defender, senior trial deputy, and chief of the appellate division. In addition to arguing cases before California's Supreme Court, Courts of Appeal, and in federal court, Bird taught at Stanford Law School from 1972 through 1974.
Her tenure on the Supreme Court was controversial. She was criticized as an ideologue who substituted her personal bias over the law and state Constitution. Her widely perceived personal versus judicial opposition to the death penalty was a particular sore point for her critics. She was first up for confirmation in 1978. There was a campaign waged against her, which she did not respond to. However, shortly before the vote, it was charged that the court decided to withhold the publication of a controversial ruling until after the 1978 vote . The ensuing controversy generated considerable press coverage but Bird was confirmed by a 52% to 48% margin.
As of 1986, six of 15 Chief Justices in U.S. Supreme Court history, including Earl Warren, had had no previous judicial experience, but Bird's lack of prior judicial experience, when originally appointed by former Governor of California Jerry Brown, led to the assertion that she was unqualified for the position in campaign literature by Republican Associates of Southern California, directed by Gene Wibert of Glendale, CA.
Almost from the moment she was appointed to head the state's highest court by Gov. Jerry Brown in 1977, Ms. Bird, a pioneering liberal lawyer who had never been a judge, became one of the most controversial figures in California politics. She led a liberal majority that strengthened environmental laws and consumer rights. But in 1986, voters angry at her opposition to the death penalty removed her and two other Brown-appointed justices by refusing to extend their terms. They were the first such removals in California history
What do I remember about Rose Bird.
She made life more miserable for citizens and police by expanding liability.
She came up with the concept of Special Relationships.
That meant that if you came across someone broke down--You either had to take them to help, or wait til their help got there.
You could not let anyone help you--If they got hurt, you were liable.
Joint and Several Liabilty. She applied this concept. What does this mean? Say Joe Blow is drunk at a bar. He has several DUI's and no license. He asks around for a ride. Dangerous Dan, also pretty drunk, volunteers to give him a ride. On the way home Dan takes a ramp too fast, flips the car, and causes Joe to become a paraplegic.
SO--Joe before would have sued Dan.
NOW, Joe sues--- Dan, the maker of Dan's car, and the Transportation department for designing a ramp that someone could turn their car over on.
Dan has not a cent.
The car maker proves that the car did not fail.
IF Joe's lawyer can get a bubble-headed jury, they will find the Transportation Dept more than 10% at fault, and Joe is set for life.
Saturday, May 23, 2009
MINE THAT BIRD
The photo above is this year's Kentucky Derby winner.
I start with this because of a conversation my wife and I had with a man who came to do a service on our house. He used to managed a huge ranch in this region for almost 20 years. He still has horses, and to him, his horses are his family, his children.
He choked up when he told of the passing of his favorite horse recently.
The conversation moved to how amiable this man was. He said, "I get along with just about everyone...well, except for race horse people".
My wife asked why.
The man was searching for words when I said "It's their attitude. To them, a horse is a product. The product does not produce, you eliminate it".
The man looked at me, stunned, and said, "That is exactly it!"
Well, ladies and gentlemen, we have a President that thinks of us like that. He could care less for our safety, and he has shown that by several traiterous acts and statements.
He could care less about our health. As I write this, he is doing the old tactic where he takes a dog turd, coats it in frosting, and tells you that it is a cupcake.
His assertion that it will give everyone health care.
I don't know why he wants to expand it. Existing government laws, rules, and regulations give Illegal Immigrants FREE health care (TAXPAYER PAYS FOR IT) and Medicare for us over 65--whether you--the 65 and over- like it or not(TAXPAYER PAYS FOR IT).
The existing plan is always short on cash. BO plans to add millions more people.
So how you going to match up cost?
Simple--you are a Product, and if that Product generates costs more that some bureaucrat thinks should be paid--You will be eliminated.
Thursday, May 14, 2009
Ol Nancy says she didn't know what was going on.
An INFORMATION GATHERING/DISSEMENATING Agency (CIA) hasdocuments that show she was told FORTY TIMES since 2001
You have two choices:
A. She was told, and is lying
B. She has a defective intellect and forgot.
With either choice--would you hire her as an employee
House Speaker Nancy Pelosi on Thursday accused the CIA of misleading Congress about its use of enhanced interrogation techniques on terror detainees.
"Yes I am saying the CIA was misleading the Congress, and at the same time the (Bush) administration was misleading the Congress on weapons of mass destruction in Iraq, to which I said that this intelligence doesn't support the imminent threat," Pelosi said at her weekly news conference.
"Every step of the way the administration was misleading the Congress and that is the issue and that's why we need a truth commission," she said.
Under a barrage of questioning, Pelosi adamantly insisted that she was not aware that waterboarding or other enhanced interrogation techniques were being used on terrorism suspects.
"I am telling you they told me they approved these and said they wanted to use them but said they were not using waterboarding," she said.
Growing increasingly frustrated throughout the briefing, Pelosi slowly started backing away from the podium as she tried to end the questioning. As she backed out, she continued to accuse the CIA of not telling Congress that dissenting opinions had been filed within the administration suggesting the methods were not lawful.
The CIA immediately disputed Pelosi's accusation, saying the documents describing the particular enhanced interrogation techniques that had been employed are accurate. CIA spokesman George Little noted that CIA Director Leon Panetta made available to the House Intelligence Committee memos from individuals who led the briefings with House members.
Sunday, May 3, 2009
A realization came to me today.
The cities that are the most rabid about following "Their" teams are the ones that have the most oppressive Liberal elected officials in place.
Think about it:
Boston Red Sox and New England Patriots. Fenway Park and Foxboro are always sold out --for years.
Same with the N Y Yankees, The Giants and the Jets.
The Liberals stifle achievement with high taxes, PC programs, and crooked ways to get elected. Here we think about Chicago--The White Sox, the Cubs, and "Da Bears".
The fans--to my mind--are stymied about performing well, and earning income they could brag about. So, the Identify and do a Transference on to "Their Team".
This reminds one of the Roman's "Bread and Circuses", items of entertainment, and/or distraction to keep the Romans from noticing that the treasury was draining, and military efforts were waning out on the edge of the Empire.
My presumption is that this will not last.
---Ballplayers make outrageous salaries, and BO and the government WILL NOT move to limit their pay like they have the pay of the CEO's who held out their hands.
If you make millions, BO is going to get 35%+ of that to keep Air Force One flying and buy Momma $540 shoes.
---Fans that are being cut off from their income by layoffs, loss of sales, or just the abhor able dismal economic system that BO has wrought, are going to find survival (Food, shelter) become priority items. Who cares if A-Rod hits a ball if you got no food on the table?
--The total sports system has been corrupted by "Sports Books". I am not a fan of ANY team. I do like to watch persons like Kurt Warner. It only takes a short while of watching a game --I would never attend or enrich some owner by going to a stadium to see any of these games--on TV, and you can see which referee or official got a call from "Tony in New Jersey" "Ya Know-- I REALLY the the Pittsburg Steelers in the Super Bowl, Yaeh. I like 'em so much I put money on 'em. Think you could see your way clear to watchin' for penalties that the Cardinals might do?"
Think I'm kidding here? Just watch, you will begin to see a trend. If a flag is thrown, the network showing the game will show you a replay. Hopefully, you know the rules about football. See for yourself--was a violation committed?
In the Super Bowl, the only calls were on the Cardinals, and Coach Wisenhunt beat the first two on challenges.
Saturday, May 2, 2009
We watched the Ky Derby because my wife wanted to.
There were two unusuals there. One was a horse General Quarters, that was owned and traned by a retired school principal.
The otherm pictured above, was Mine That Bird, whose trainer looks like Rich from Big & Rich. Bennie "Chip" Woolley Jr
Chip had crashed a motorcycle last week and wrecked his ankle. He is still on crutches, and can't put weight on the right foot.
But, true to South West values, he got someone someone to hook up a trailer, loaded Mine That Bird, and drove 1200 miles to Louisville.
Somehow, Chip got a 42 year old Jockey, Calvin Borel, to ride Mine that Bird
At this race were four famous trainers, and a Saudi Sheik,all of who had no spending limits.
Mine that Bird was 50 to 1 odds
Watching the race, Borel drove the Bird through traffic, like Bird was a corvette and the others were Semi's on the 405 freeway at rush hour.
There was no doubt that the Bird won.