Supremes Overturn Gorsuch Ruling, And Dems Vow To Filibuster
I put this here not because I agree with it totally, but because I busted a couple of bones in a fall last week and haven't been able to sit at the 'puter long enough to fact-check its content. I may find out I agree with it in part or in whole, but I just don't know yet. I have written about my views on "stare decisis" before, and Ms. Nelson's views and mine are identical, that much I knew before reading the article. I'm hoping some objective scrutiny will be applied to it with (hopefully) knowledgeable confirmations or refutations (or both as the case may be) within the comments. I hope I can devote some time to commenting as the discussion (if any) progresses, but can't guarantee that at this point. Please discuss......
Mar 28, 2017 Read More Articles by Kelleigh Nelson
True freedom requires the rule of law and justice, and a judicial system in which the rights of some are not secured by the denial of rights to others. Jonathan Sacks
The people in general ought to have regard to the moral character of those whom they invest with authority either in the legislative, executive, or judicial branches. John Witherspoon
Judge Gorsuch’s 2008 Decision
Judge Gorsuch’s 2008 decision in the U.S. Court of Appeals for the 10th Circuit was the touchstone for Endrew F. v. Douglas County School District, the case the justices heard in January, and have just now unanimously decided for the plaintiff. Believe me folks, this is not good for our school districts or for taxpayers.
At issue was an autistic youngster who had been in public school from kindergarten to fourth grade. The parents decided the child was not progressing as they expected in fifth grade, so they put him in a private school costing $70,000 a year.
They then sued the school to pay for the private school cost because they claimed he wasn’t reaching his potential in the public school despite 37 hours of special-ed services per week.
This case first went to an Administrative Law Judge (ALJ) for review, and the ALJ rejected Endrew’s parent’s request for reimbursement concluding that Endrew’s public school had provided him with “free appropriate public education” (FAPE) as required by the Individuals with Disabilities Education Act (IDEA), an act signed into law in 1990 by George H.W. Bush, a law which needs repealing.
Then the district court affirmed their ruling, and the U.S. Court of Appeals for the Tenth Circuit also affirmed, as did Judge Gorsuch who ruled the school had reached their “de minimis” standard. The Individuals with Disabilities Education Act (IDEA) requires States to provide “merely more than de minimis” in providing “some educational benefit” to students under the IDEA.
Supremes Overturn Gorsuch Ruling
On March 22, 2017, the Supreme Court unanimously overturned the 10th circuit court decision, ruling in favor of higher standards for disabled children via IDEA in the case brought by plaintiff child, Endrew.
Sadly, Judge Gorsuch apologized in the confirmation hearings for his ruling against this autistic child, saying that he was bound by precedent, which Gorsuch does not like to go against. In this case, he should have held his ground, because he was right! And, apologies win nothing!
So, from now on when parents of a disabled child decide (all of which is subjective) that their child is not making the proper advances in a public school, they can arbitrarily send their child to a costly private school and have the school district pay for it. The school district is funded by TAXPAYERS!!!
Do you understand what this will cost the American taxpayer in real estate taxes to support the local school districts who will have to pay high costs when a parent decides the school isn’t doing the job they expect? Just who will decide who gets taxpayer dollars for their child’s special education, because the school district doesn’t meet their objectives? More unelected councils?
Think about the Education Czar, Betsy DeVos, who wants to privatize our public schools and have corporations running them for profit! The public schools will either go broke or tax us to death for the costs which will also affect private, and religious schools. Betsy Devos is anathema to academic education, but few people understand how very dangerous she truly is to our children. She will love this decision, because it plays right into her hands.
Dems Confirm Gorsuch Filibuster
The Democrats just confirmed they will filibuster Gorsuch, requiring that he be withdrawn and replaced.
Democratic Sen. Bob Casey, son of the famous Pennsylvania pro-life Gov. Bob Casey, who is up for reelection, and who pretends to be pro-life, announced he will join the filibuster. Gorsuch and the pro-choice backed and funded Federalist Society made that easy for Sen. Casey to do. It might even help his reelection in light of Gorsuch’s pro-choice performance.
Another Democratic Senator up for reelection, who also pretends to be pro-life, is Sen. Joe Donnelly of Indiana, and he may join the filibuster. The Democrats may have enough votes to block Gorsuch.
This truly creates a second chance for 30 million unborn babies, for Trump’s advisers, and for the Republican Party to nominate someone who is actually pro-life, like Charles Canady of Florida. Second chances do not occur often in politics, but here it is, so time to pray and work, because big money is for Gorsuch.
Koch Brothers Fund Gorsuch Nomination
The Koch brothers, David and Charles, and other billionaires who are pro-abortion are clamoring for the Senate to change their rules to try to overcome the filibuster.
David and Charles Koch
The Koch brothers (pronounced “Coke”) are the billionaire co-owners of Koch Industries. As two of the richest people in the world, they are key funders of the neo-con infrastructure, including the pro-Constitutional Convention, American Legislative Exchange Council (ALEC), and the State Policy Network (mini-Heritage Foundations in each state). Key articles on the Kochs include: Koch Brothers, Koch Industries, Americans for Prosperity, and Freedom Partners.
David Koch is on the board of Trustees of Rockefeller University. He is also on the board of Earthwatch Institute, an environmental, sustainability, Agenda 21 group, and the board of the globalist new age Aspen Institute. See this map of Koch’s many connections. David Koch also supports abortion, gay marriage, and stem-cell research.
The secret donors who are financing ads for Gorsuch don’t care about the unborn. They’re just fine with the prospect of relegating pro-life senators to irrelevancy in future confirmation battles. Many senators, both Republican and conservative Democrats, have spoken out against changing their rules to confirm Gorsuch. Changing the rules to confirm pro-choice Gorsuch would be a colossal mistake for the pro-life movement, for the GOP, and for our country.
All President Trump has to do is pick a pro-life nominee who has a base of support, which Gorsuch never had. The sooner Trump does this, the sooner his own polling will improve.
It is essential that we pray for our President, for the unborn, and for our country. We need to help him keep all his promises to the American people. We also need to pray that he has discernment as to those who surround and guide him.
Conclusion
Never in my lifetime have I seen so many advertisements for a Supreme Court nominee, but then the Koch billionaires are allegedly paying for them. And, Gorsuch, a term limit CFR member will join two other CFR members on the court, Breyer and Ginsberg. Here is a short tutorial on the CFR.
The first week after his nomination, Neil Gorsuch told a US senator that President Donald Trump’s tweets about the judiciary, i.e., Judge Robard’s restraining order against Trump’s immigration ban, are “demoralizing” and “disheartening.” He also said in his confirmation hearing that “Judges have to “start with a heavy, heavy presumption in favor of precedent in our system,” which is why he loves stare decisis, and will probably never vote to overturn Roe v. Wade. Stare decisis is Latin for “to stand by things decided,” and is the doctrine of precedent.
During the confirmation hearings, while being questioned by Sen. Dick Durbin, D-Ill., on the destruction of unborn children, Gorsuch stated “the Supreme Court of the United States has held in Roe v. Wade that a fetus is not a person for purposes of the Fourteenth Amendment.”
When Durbin asked if he accepted that, the judge replied, “That’s the law of the land. I accept the law of the land, senator, yes.”
And his statement on “same-sex marriage,” Gorsuch acknowledged the Supreme Court had ruled such marriages are protected by the Constitution. He declared Obergefell v. Hodges, which struck down “same-sex marriage” bans nationwide in 2015, to be “absolutely settled law.”
I believe Gorsuch will be confirmed, but I am praying he is not. The theatre being played out by the democrats and some of the left leaning neo-conservative Republicans is just that, theatre for the dumbed down believing masses, who don’t understand the game.
One need only remember that in 2006, when Neil Gorsuch was nominated by George W. Bush, “not a single Democrat opposed his confirmation in 2006,” tweeted Mitch McConnell on February 1st. Both Bush families stated they were pro-choice after they were out of office. It is likely the Democrat Senators knew the families were really pro-choice and thus confirmed their nominee. Here’s the list of the leftists who confirmed him.
The Senators most likely know that Neil Gorsuch is another John Roberts or Kennedy, and is no Antonin Scalia.
(More at link)
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Originally Posted by Plainsman
