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Entries in Judicial Activism (30)

Saturday
Mar022013

AUL Action Calls for NO Vote on Caitlin Halligan to the U.S. Court of Appeals 

Halligan "is unqualified to sit on such a prestigious court because of her conduct in office, using her position in state government to advance radical, pro-abortion legal theories against the constitutional rights of pro-life citizens," said AULA's Dr. Yoest. 

WASHINGTON, D.C. (03-01-13) – Americans United for Life Action President and CEO Dr. Charmaine Yoest called for the U.S. Senate to vote no on cloture on the nomination of Caitlin Halligan to the U.S. Court of Appeals for the District of Columbia Circuit, in what will be a scored vote on life. “Halligan shows signs of being the quintessential judicial activist,” noted Dr. Yoest.  “She is unqualified to sit on such a prestigious court because of her conduct in office, using her position in state government to advance radical, pro-abortion legal theories  against the constitutional rights of pro-life citizens."  

Cloture is likely to be filed on her nomination, followed by a vote next week.

Halligan’s abortion activism came to light when she used her position as Solicitor General for the state of New York to bring the weight of her office against peaceful pro-life protestors. In 2002, in the Supreme Court case of NOW v. Scheidler, Halligan attempted to squash the First Amendment rights of private citizens who opposed abortion, and tried to intimidate and bankrupt them by expanding the reach of the federal Hobbs Act and the federal civil RICO (racketeering) law. Halligan urged the Supreme Court to adopt NOW’s unprecedented legal theory that public protest that diminished the business of abortion clinics constituted federal “extortion.”

 For 10 years, from 1985 to 1995, AUL was co-counsel for Joseph Scheidler in NOW v. Scheidler and thereafter filed amicus briefs to the U.S. Supreme Court against the expansion of Hobbs Act extortion and RICO, defending the constitutional rights of Americans to peacefully assemble and peacefully protest.

Halligan’s role in the case was extraordinary because she attempted to persuade the Supreme Court that the history of New York law was essential to a proper interpretation of the Hobbs Act/RICO and that her position at Solicitor General of New York gave her special insight and influence in interpreting New York’s extortion law.

The Supreme Court threw out the case twice and eventually rejected Halligan’s position 8-1.  Even Justice Ginsburg, the most liberal member of the Court, authored a concurring opinion rejecting Halligan’s attempt to stretch the Hobbs Act to apply to abortion protestors.  Ginsburg wrote, “The Court is rightly reluctant, as I see it, to extend RICO’s domain further by endorsing the expansive definition of ‘extortion.’

“Halligan admittedly ‘provided substantial assistance’ in filing the brief on behalf of New York and inserting herself into this effort to sever pro-life Americans from their Constitutional rights,” said Dr. Yoest. “Her willingness to twist laws--designed to confront organized crime--against peaceful protestors demonstrates why Americans United for Life Action is calling for a NO vote. The Supreme Court in Roe v. Wade wrongly took the issue of life out of the hands of voters through an activist court. Halligan’s nomination represents the possibility of further judicial activism on abortion, and she must not be allowed to receive a lifetime appointment to the Court of Appeals.”

AULA will send a letter to members of the U.S. Senate to urge a NO vote on cloture on Halligan’s nomination.

###

AUL Action is the legislative action arm of Americans United for Life, a nonprofit, public-interest law and policy organization whose vision since 1971 is a nation in which everyone is welcomed in life and protected in law. AULA played an important role during the Health Care Reform debates because of its opposition to taxpayer funded abortion, which included pivotal advertising campaigns in 14 congressional districts and extensive work on Capitol Hill. AULA's efforts during the last two Supreme Court confirmation events led to Dr. Yoest being asked to testify before the Senate Judiciary Committee twice. AUL's legal team has been involved in every abortion-related case before the U.S. Supreme Court, including the successful defense of the Hyde Amendment. AUL also publishes Defending Life, the most comprehensive state-by-state legal guide of its kind, which is distributed annually to legislators across the nation.

Tuesday
Oct232012

NHDP - "Very Disappointing" 

Chris Sununu Calls GOP Support for Noted Judge, Domestic Violence Advocate "Very Disappointing"

 

CONCORD - Responding to criticism of domestic violence and Judge Susan Carbon, Chris Sununu said it was "very disappointing" that prominent Republicans supported Carbon's re-appointment to the bench.

 

Sununu wrote, "I think in the end the difference was the incredible number of calls each of the Councilors received from strong Republicans across the state pushing for Carbon's appointment. Sen. Ayotte, Gov. Merrill, many Sherriffs, Legislators, etc. all came out for her in the final days and got Burton and St.Hilaire to vote 'Yes'.  Very disappointing."

 

"What is 'very disappointing' is that Chris Sununu did not have the courage to stand up for a respected jurist and domestic violence advocate," said Raymond Buckley, chair of the New Hampshire Democratic Party.

 

Carbon served as a New Hampshire District Court judge for a number of years before leaving to head the U.S. Department of Justice's Office for Violence Against Women. When she returned to New Hampshire, the bipartisan Judicial Selection Commission recommended she be re-appointed to the bench. Her re-appointment was supported by prominent Republicans, but opposed by some groups that rail against domestic violence laws and custody cases.

 

Sununu's comment was posted on a list serve, along with an email that had been sent to councilors, saying, "Ms. Carbon is a well known gender radical, who has advocated solely for the protection of women against violence."

"Chris Sununu should be standing with good judges - and with advocates for domestic abuse victims - not calling Republican support for them 'very disappointing,'" Buckley said. "Chris Sununu owes the people of his district an explanation."

 

###

 

 

 

Sent: Wednesday, August 22, 2012 10:42 PM
To: Chris T. Sununu
Subject: RE: Very Disappointing

 

Thanks Chris for the call back and your efforts.  The people will just have to work with the redress of grievance committee to build a case against Carbon if she again abuses her discretion and authority.

 

I have no doubt that we will eventually bring judicial accountability back to NH and will impeach a few judges before the group is convinced of the change.

 

 

 

Best, Jeff

 

 

Hon. Jeffrey D. Oligny

NH State Representative

Hampstead - Plaistow - Kingston

House of Representatives

Children & Family Law Committee

 

- Due to the large volume of e-mail I receive, I'm unable to respond to all messages personally. Please call me at 205-351-8003 if your message is urgent -


From: Oligny, Jeffrey
Sent: Wednesday, August 22, 2012 3:25 PM
To: Chris T. Sununu
Subject: Very Disappointing

Chris, What happened?

 

http://www.unionleader.com/article/20120822/NEWS/708229888

 

We couldnt have waited till a more reasonable governor made some more reasonable reccomendations  Carbon too?!?!

 

Best, Jeff

 

 

Hon. Jeffrey D. Oligny

NH State Representative

Hampstead - Plaistow - Kingston

House of Representatives

Children & Family Law Committee

jeffrey.oligny@leg.state.nh.us

 

.

----
From: Chris T. Sununu
Sent: Thursday, August 23, 2012 8:23 AM
To: Oligny, Jeffrey
Subject: RE: Very Disappointing

I think in the end the difference was the incredible number of calls each of the Councilors received from strong Republicans across the state pushing for Carbon's appointment. Sen. Ayotte, Gov. Merrill, many Sherriff's, Legislators, etc. all came out for her in the final days and got Burton and St.Hilaire to vote 'Yes'.  Very disappointing.

-Chris   

 

Christopher T. Sununu

New Hampshire Executive Council  -  District 3

 

 

From: David Vandenberg
To: National Fathers <ncfcnh@yahoogroups.com
Sent: Friday, August 10, 2012 11:50 PM
Subject: "NCFC-NH" Letter

 

 

Dear Executive Councilors:

 

I am writing to express my serious concerns about Governor Lynch's recent judicial nominees, in particular, Susan Carbon and Jennifer Lemire.  The recently founded petitions of the General Court's Committee for Redress of Grievances has highlighted the troubled records of many judges.  The Monitor reports that these petitions were founded along party lines.  This is incorrect.  While the Democrats vote against every petition, the Republicans voted down those petitions that were not supported by documents or other evidence.  In other words, the Republicans exercised their judgment, while the Democrats exercised their demagoguery.  Of particular note was Democrat Representative Keans, who upon information and belief was the subject of one petition.  Rather than properly recusing herself, she persisted on the committee and voted against the petitioner, which was not surprising, as she voted against every single petition.  

 

The petitions have brought into the light of day the numerous abuses of citizens at the hands of state agencies and state judges, including Ms. Lemire, whom the committee recommended be "fully investigated . . . to determine the extent of wrongdoings including noncompliance with the laws of New Hampshire."  And what were the founded wrongdoings of Ms. Lemire?  She issued confiscatory orders that led to the petitioner's serious financial damage; she refused to consider the petitioner's inability to pay court-ordered fees; she failed to comply with the law relative to modification of parenting time and child support; and she abused her judicial discretion.

 

A second nominee is Susan Carbon, who has served most recently as Director of Obama's Office of Violence Against Women.  Ms. Carbon is a well known gender radical, who has advocated solely for the protection of women against violence.  Of course, no one is against that.  The problem is that more domestic violence is inflicted by women against men.  Even Ms. Carbon admits this.  On February 16, in her opening statement to the US House Subcommittee on Crime, Terrorism, and Homeland Security she stated:  "One in every four women and one in every seven men have experienced severephysical violence by a current or former spouse, boyfriend, or girlfriend."  That's right.  Almost twice as many men are victims of domestic violence, yet all the programs of the Violence Against Women Act are directed to protect women, of course.  Look at the title of the act.  How can the citizens of New Hampshire have confidence in the objectivity of an administrator whose stated goal is to protect the victims of domestic violence, yet blithely ignores fully 2/3 of the victims because they carry the incorrect genitalia?  We can only expect that Ms. Carbon will extend her gender radicalism and blindness for the majority of the victims of domestic violence that she professes to be concerned for as a family court judge.  What are the many fathers of New Hampshire to do, when they come before a Judge Carbon and ask for protection for themselves and their little ones when in her current role she cares not one whit for these parents or their children, but only for the interests of an interest group based upon an accident of birth, being female.

 

Is this the best and the brightest that Gov. Lynch can find across this state?  Do we really want to put these foxes in charge of the henhouse?  With nominations like this, we can expect that future generations will place Governor Lynch's official portrait in a dark corner of the statehouse, most likely in a stall in the ladies' room, where he can be appropriately worshiped.

 

 

Aug 9, 2012
NH Executive Councilman 
Dan St.Hilaire
District 2

Dan,

I spoke with you at the Cheshire County Republican Committee nearly two years ago and we discussed the ongoing concerns in the Family Courts. As I recall, you concurred with my identified issues. You earned my vote. A responsibility of the NH Executive Council is to approve the nomination of Judges made by the Governor. Six new Judges have been recently nominated by Governor Lynch. I urge you to give careful consideration to your approval and even exercise caution with some of the nominees.

There are many fit parents (no finding of abuse or neglect) that are NH citizens and have had very negative experiences within the Family Courts. SGT Thomas Ball is the only self immolation in the USA and did this politically driven act on the steps of a Cheshire County Court House as the result of ongoing issues encountered in Family Court. The 15 page Last Statement written by SGT Ball outline and provide examples of concerns with Judges and Violence Against Women's Act (VAWA). The NH House Redress of Grievance Committee as heard from many petitioners that also had very negative experiences in Family Courts. Judges and Martial Masters have been founded by the committee for allowing perjury, violating an individual's expression of religious freedoms and ultimately, preventing fit parents from retaining a meaningful parent child relationship.

It may be beneficial to review the custody decisions of Martial Master JENNIFER A. LEMIRE. Have her recommendations to the supervising Judge in contested divorces been gender equal when both parents are litigating to be an active part of the child's life? If not equal, what is the basis?

Are you aware that SUSAN B. CARBON is the Obama Administration head of VAWA working under Eric Holder in the Federal D of J? That experience appears to have excessive influence over State Court decisions, especially when the NH Coalition Against Domestic and Sexual Abuse is funded in part by grants from VAWA and is a very active and influential lobbyist for the Courts and Guardian ad Litems. This gives the appearance of a Conflict of Interest that the EC may need to consider when approving this nominee. SGT Thomas Ball may have been writing about her or the result of her actions in his Last Statement that discussed VAWA personnel. http://www.stopfamilyviolence.org/news/judge-susan-carbon-picked-to-head-office-on-violence-against-women

Julie Introcaso is the Deputy Clerk in Rockingham. Redress petitioner #5 presented very disturbing concerns with the Martial Master, Judge and staff in that Court. Does Ms. Introcaso have the credential to be promoted from Deputy Clerk to a Judge in this very contested Court? Additionally, she serves as counsel to the Supreme Court's Attorney Discipline Office. From the results of Redress petitioner #14, the Judicial Conduct Committee (JCC) ignored a citizen's complaint against a MM and Judge where as the Redress Committee made a finding against both the MM and Judge. Do attorneys, that also belong to the NH BAR, get relief for the Attorney Discipline Office in the same manor as MM and Judges get relief from the JCC?

I trust your background investigation provides assurance that the Judges nominated by the Governor and approved by the EC will not face that same Redress of Grievance Committee that several of the current Judges have. As a fellow Republican, I trust that you appreciate the party platform including "Advocate a presumption in favor of joint custody and favor equitable treatment of both parents in child custody and child support determinations" along with "Will work to ensure due process rights of those accused of child abuse or neglect". Your decision on these nominations should be constant with supporting your parties expectations. 

Thank-You for considering my input in your decision making process.

Greg Brede
Chesterfield, NH
Cheshire County

Cc
Exec Councilman R. Burton District 1
Exec Councilman C. Sununa District 3
Exec Councilman R. Wieczorek District 4
Exec Councilman D. Wheeler District 5

 

From: "pclemsc@charter.net" <pclemsc@charter.net>
To: ray.burton@myfairpoint.netdst.hilaire@nh.govcsununu@nh.govrwieczorek@nh.govdwheeler@nh.gov 
Sent: Friday, August 10, 2012 7:31 AM
Subject: "NCFC-NH" Appointments

 

 

Dear Executive Council Members,

 

Governor John Lynch has sent, or will send, you a list of appointees for positions within the Judiciary.  As you know, John Lynch is, and has been, a typical Liberal/Progressive. His administrative policies have been to spend, spend, spend, and to choose appointees whose Socialistic ideologies match his own.  We Republicans have been hard pressed to keep his Socialist policies from destroying the economy of the great state of New Hampshire.

Budgetary considerations aside, Lynch has been working with the courts to support a family court system that has made a mockery of the ideals of justice and fair play. Not only does the state receive payments from the federal government for collecting child support, but the child support collection agency (DHHS-CSES) pays the courts for hearing child support cases. All strictly illegal and unconstitutional, but lucrative.

In order to keep the money flowing, one parent has to be made non-custodial, in spite of reams and decades of studies which prove that shared physical custody is better for children, parents, and society as a whole. (National Probate Judges' College)

The marital masters and judges appointed by John Lynch have done their part, and have, in fact, waged a War Against Fathers which has just recently begun to be exposed to public scrutiny by the Legislative Committee on Petitions for Redress.

 

The Redress Committee has heard a number of cases brought before them by citizens aggrieved by the abuses of the family courts. In each and every case, the marital master or supervising Superior Court judge has been found to have engaged in behaviors which violated state law and/or the Judicial Code of Ethics. Those abuses, proven by hard evidence, were considered so serious as to warrant a recommendation of impeachment. Not just in one case, but several. It it not isolated behavior, but a PATTERN of roguish behaviors that permeates the family court system.

 

The Supreme court tried to lessen the import of the family court's outrageous behavior by combining it with the district courts to form a new system called "CIRCUIT" courts.  As you know, "a rose by any other name...........

 

Now, our socialist governor has one last chance to pack the court with liberal/progressive ideologists.  One appointment in particular is egregious in the extreme. Lynch has nominated Susan Carbon, who left New Hampshire one step ahead of being impeached. Now, apparently not even capable of meeting Obama's

lax standards, she is being nominated for a return to the NH bench.

 

Rather than expose New Hampshire's citizens to more of the progressives' anti-family

abuse, I strongly urge you, the executive council, to deny ALL of Lynch's nominations.

We are sure to have a Republican governor after the next elections. Just wait, and let him/her make the necessary nominations.

 

Sincerely,

Paul M. Clements

DADD-NH

Gaffney, SC

Friday
Oct192012

ALG's Daily Grind - Conservative Judges: The Latest Targets Of The Left's 'War On Capitalism'

Oct. 18, 2012

Conservative Judges: The Latest Targets Of The Left's 'War On Capitalism'

Steven Pearlstein's recent assault isn't just a hit piece on a potential conservative Supreme Court nominee – it's an effort to intimidate judges into surrendering to the Nanny Statists currently running this country into the ground.

Video: Debate Moderator Candy Crowley Throws Impartiality Out The Window, Is This Acceptable?

CNN's own Candy Crowley showed that she was more of a fan of Barack Obama than Mitt Romney. She joined forces with him during the debate.

Getting to the bottom of America's oily debate

Energy Information Agency data reflecting crude oil and lease production from federal and Indian lands shows a definite drop in production on offshore federal lands between 2010 and 2011.

A Memo to Joe Biden From the Middle Class

Middle-class Americans are, indeed, hurting, but not because the rich aren't taxed enough, rather, the federal government is too big and spends way too much. 

Wednesday
Sep262012

Andy Martin appeals New Hampshire court order allowing out-of-state student vote

New Hampshire maverick Republican activist and conservative blogger Andy Martin has appealed an effort by lame duck Governor John Lynch and Attorney General Michael Delaney to flood New Hampshire with out-of-state drive-by voters

Andy has filed an appeal of a Strafford County judge’s order opening floodgates to out-of-state voting by students and others in New Hampshire

Andy is also asking the New Hampshire Supreme Court to block the Strafford judge’s order seeking to expand student voting

(MANCHESTER, NH) (September 26, 2012) New Hampshire corruption-fighter and conservative blogger Andy Martin announced in Honolulu Wednesday morning that he has appealed a Strafford County judge’s order to allow unrestricted out-of-state student voting in New Hampshire.

“I had previously scheduled a trip to Honolulu to supervise our ongoing investigations into Barack Obama’s early years,” Andy says. “We were leaving Tuesday morning. On Monday afternoon the Strafford County judge opened the floodgates to out-of-state student voting in New Hampshire. I had to suspend my preparations for Honolulu and assemble a team to prepare an emergency appeal to the New Hampshire Supreme Court. We worked all night to prepare the appeal and a motion to stay the judgment. I am pleased and proud to say we got the job done at 6:00 A.M. just as I headed for the airport. I actually dropped the New Hampshire court papers in a drop off box at the Salt Lake City Airport. They’re on their way to New Hampshire.

“On my arrival in Honolulu I checked with Federal Express. My packages will be received at the Supreme Court in Concord on Tuesday as well as at the Dover court. Both courts have been asked to “stay” (temporarily suspend) the judge’s ruling permitting virtually unrestricted student voting in New Hampshire. New York student votes could tip the state of New Hampshire into the Obama column on November 6th and nullify the votes of local New Hampshire voters. It’s insane. This is not remotely what the ‘right to vote’ is about.

“Wednesday morning (in Honolulu) I will distribute copies of my Notice of Appeal and Motion for Stay once the packages have been delivered to the courts for processing. Fortunately our investigative team in Honolulu has a complete operating office so we can get the materials to the New Hampshire courts even as we delve into Obama’s past 5000 miles away.

“From Hawai’i to New Hampshire I’m on the job searching for the truth, trying to find the facts and working on behalf of the Constitution.

“I hope the New Hampshire Supreme Court will agreed with me and stay the Strafford judge’s order. We have a Secretary of State to run New Hampshire elections; we don’t need the ACLU to replace Bill Gardner.”

Tuesday
Sep252012

NH Legislative Leaders Comment on Strafford County Court Injunction on Voter Registration 

 

New Hampshire State SealNew Hampshire

House of Representatives and State Senate

 

Joint News Release

 

 

CONCORD – House Speaker William O’Brien and Senate President Peter Bragdon today released the following statement in response to Strafford County Court’s Injunction on Senate Bill 318, which was passed by the Legislature this year and modifies forms and procedures for voter registration.

House Speaker William O’Brien

“New Hampshire citizens have a right to elect individuals of their own choosing. Allowing non-residents into New Hampshire to dictate who will be our presidential choice, who shall be our Governor, and who shall represent us in the Legislature takes away our voting rights. When individuals find themselves in New Hampshire and know they will leave, they should not vote here. Whether it is because they finish a temporary work project, a vacation, or graduate from school, they are neither domiciled in New Hampshire, nor a resident here. Merely being in New Hampshire does not give a person a right to vote. One must intend to stay for at least an indefinite period and when you do you can vote and will become a resident. Legislating otherwise from the bench to say there are two classes of voters—all of us who reside in New Hampshire, and those residents of other states who choose to vote here because we are a battleground state—is judicial activism of the worst sort. The Supreme Court needs to act quickly to restore the voting rights of New Hampshire’s citizens.”

Senate President Peter Bragdon

“It is unfortunate the court has made it easier for out-of-state residents to vote in New Hampshire elections.

“This legislation was created with the help and support of Secretary of State Bill Gardner and simply changes the voter registration form back to the way it read before the Democrats watered down its language in 2007.”