SANTA CORZINE TAXES OUR TOWNS
(Sung like Shirley Temple to the tune "Santa Clause is Coming to Town")
Oh! You better watch out,
You better not pry.
Better not speak out,
And never ask why.
Santa Corzine Taxes Our Towns.
Gov’s making a hit list,
Adler’s checking it twice,
But Milgram won’t say who’s naughty or nice.
Santa Corzine Taxes Our Towns.
He knows when you’ve been surfing,
He knows who’s on the take.
He knows when you’ve been IM’d,
So encrypt for goodness sake.
Oh! You better watch out,
You better not pry.
Better not speak out,
And never ask why.
Santa Corzine Taxes Our Towns.
Little tax relief,
Lotsa tax hikes.
No Money left for our little tykes.
Santa Corzine Taxes Our Towns.
Likes little toy dolls
That cuddle and coo,
But doesn’t get email from the union,
Yes, it’s true!
Santa Corzine Taxes Our Towns.
The kids in subprime bond land,
Will have a jubilee.
They’re gonna build some toll booths,
All around our Christmas trees.
So! You better watch out,
You better not pry.
Better not speak out,
And never ask why.
Santa Corzine is taxin’
Santa Corzine is taxin’
Santa Corzine is taxin’
Our Towns.
Showing posts with label adler. Show all posts
Showing posts with label adler. Show all posts
Thursday, December 20, 2007
Thursday, June 7, 2007
BROKEN TRUST: IS A.G. RABNER A JUDICIAL ACTIVIST, PART 1.
The overarching question for New Jersey’s Senate Judiciary Committee Hearings considering Gov. Corzine’s appointment of A.G. Rabner to Chief Justice of the Supreme Court is whether A.G. Rabner is a “judicial activist” and if so what kind?
Justices or judges may act as judicial activists in two ways. First they may usurp authority. A judge or justice who exercises the power to decide that is not given to him or her by a lawful authority (the constitution or a legislature) overrides the authority of the U.S. or state constitution or commandeers the power of and acts as a legislator. Second, a justice may misuse lawfully given power by abusing his or her discretion when deciding a case(s). An abuse of discretion occurs by deciding a case or cases in a manner that is arbitrary, capricious, whimsical or somehow otherwise incorrect (an error in interpreting fact or law or both). In such instances, however, recourse is generally available from a higher court.
However, there is generally no meaningful recourse from the decision of a supreme court.
The U.S. Supreme Court is the final authority on questions concerning the U.S. Constitution. Thus, when the U.S. Supreme Court decides a U.S. Constitutional matter the only recourse is to amend the Constitution. Examples of this situation are (1) the use states and local governments of eminent domain to seize homes for office parks and (2) applying the commerce clause to regulate truck routes.
Most importantly, each state’s supreme court is the final authority on questions that only concern the application of a state’s constitution, i.e. it does not involve the U.S. Constitution. Here too, the only recourse from a state supreme court ruling on the state’s constitution is to change the state’s constitution. And finally, where there are no issues involving the U.S. Constitution, a state supreme court is also the final authority on statutory questions. An example in New Jersey is the finding the State’s Constitution requires homosexual couples have the same State rights as heterosexual couples.
Assemblyman Richard Merkt, R-Morris, has argued that the Supreme Court ruling showed "astonishing judicial contempt." Furthermore, "Republicans have introduced several measures to unravel the law, but no measures have advanced in the Democratically controlled Legislature, where its leaders have vowed not to consider proposals to take rights away from anyone."
At the opposite end of the spectrum Frank Askin, General Counsel of the American Civil Liberties Union [aclu] has said "We really do not know a whole lot about his commitment to social justice, which for years has been the hallmark of the New Jersey Supreme Court." Askin has more than a passing interest that includes the Ocean Grove Camp Meeting Association's policy banning same-sex civil unions at the boardwalk pavilion. Rabner has for the moment, declined comment.
If Senate Judiciary Chairman Adler and company exercise due diligence A.G. Rabner will be questioned about judicial ideology concerning the basis, methodology and rules of construction for such decision making in general and the Lewis case in particular. How he does or does not answer the question will be informative. After all, as a graduate of Princeton and Harvard and as Attorney General, one must expect A.G. Rabner to have an opinion on the law, even if he disagrees with it. And, as an assistant U.S. Attorney the A.G. knows his first duty is not to prosecute, but to search for the truth. Thus, it is only proper he be forthcoming on the issue at his confirmation hearing.
Justices or judges may act as judicial activists in two ways. First they may usurp authority. A judge or justice who exercises the power to decide that is not given to him or her by a lawful authority (the constitution or a legislature) overrides the authority of the U.S. or state constitution or commandeers the power of and acts as a legislator. Second, a justice may misuse lawfully given power by abusing his or her discretion when deciding a case(s). An abuse of discretion occurs by deciding a case or cases in a manner that is arbitrary, capricious, whimsical or somehow otherwise incorrect (an error in interpreting fact or law or both). In such instances, however, recourse is generally available from a higher court.
However, there is generally no meaningful recourse from the decision of a supreme court.
The U.S. Supreme Court is the final authority on questions concerning the U.S. Constitution. Thus, when the U.S. Supreme Court decides a U.S. Constitutional matter the only recourse is to amend the Constitution. Examples of this situation are (1) the use states and local governments of eminent domain to seize homes for office parks and (2) applying the commerce clause to regulate truck routes.
Most importantly, each state’s supreme court is the final authority on questions that only concern the application of a state’s constitution, i.e. it does not involve the U.S. Constitution. Here too, the only recourse from a state supreme court ruling on the state’s constitution is to change the state’s constitution. And finally, where there are no issues involving the U.S. Constitution, a state supreme court is also the final authority on statutory questions. An example in New Jersey is the finding the State’s Constitution requires homosexual couples have the same State rights as heterosexual couples.
Assemblyman Richard Merkt, R-Morris, has argued that the Supreme Court ruling showed "astonishing judicial contempt." Furthermore, "Republicans have introduced several measures to unravel the law, but no measures have advanced in the Democratically controlled Legislature, where its leaders have vowed not to consider proposals to take rights away from anyone."
At the opposite end of the spectrum Frank Askin, General Counsel of the American Civil Liberties Union [aclu] has said "We really do not know a whole lot about his commitment to social justice, which for years has been the hallmark of the New Jersey Supreme Court." Askin has more than a passing interest that includes the Ocean Grove Camp Meeting Association's policy banning same-sex civil unions at the boardwalk pavilion. Rabner has for the moment, declined comment.
If Senate Judiciary Chairman Adler and company exercise due diligence A.G. Rabner will be questioned about judicial ideology concerning the basis, methodology and rules of construction for such decision making in general and the Lewis case in particular. How he does or does not answer the question will be informative. After all, as a graduate of Princeton and Harvard and as Attorney General, one must expect A.G. Rabner to have an opinion on the law, even if he disagrees with it. And, as an assistant U.S. Attorney the A.G. knows his first duty is not to prosecute, but to search for the truth. Thus, it is only proper he be forthcoming on the issue at his confirmation hearing.
Monday, June 4, 2007
BROKEN TRUST: GOV. CORZINE HAS A.G. RABNER ON SUPREME COURT SPIN CYCLE
Governor Corzine appears to have initiated the second go-round in his multi-part strategy to put A.G. Rabner in the seat of retiring Chief Justice Zazalli.
The first phase was to create Brand Rabner in the public’s mind by making him the Governor’s Counsel and Attorney General.
The second phase was to wait until the last minute to announce the appointment and thus provide enough uncertainty to prevent any opposition from zeroing in on a sitting target.
The third phase began on Thursday, May 31, 2007, when anonymous "administration officials" leaked to the press that Governor Corzine will announce, at a press conference scheduled for Monday, June 4, 2007, A.G. Rabner is his choice to replace C.J. Zazalli on June 17, 2007. And, of course, Governor Corzine's Office refused to comment (1).
The purpose of the Thursday’s release, therefore, is threefold. First, it gives the press a "scoop" and thus a reason to quickly print the story, i.e. to create buzz. Second, it sets the tone and frames the buzz in those stories by sending otherwise busy reporters scurrying to put together some relevant combination of facts, quotes and analysis by deadline. Third, it uses the timing as a foil to unfavorable news . Without more then, Monday's announcement is old news, out of the headlines - a fate resigned to. By Monday night the media's eyes and reporting attention will be on the State's primary elections. And, in a week, plus or minus, Rabner will be quietly confirmed.
Based on newspaper articles it appears Governor Corzine's early head count makes the appointment of A.G. Rabner a go. But, as your read them, ask yourself some questions: Do the things said about A.G. Rabner show essential and enough attributes, as opposed to being good but not necessary nor enough characteristics, to warrant making him the next Chief Justice? Do they identify Governor Corzine’s mission, what he wants the Court to be?
Peter G. Verniero (Disgraced former Justice) "... From what I know of Stuart, he’s up to the task.” COMMENT: Then again, racial profiling is up.
Senate President Richard Codey: " 'This was expected all along.' ... Rabner 'is an excellent choice. I think he's fair,' said Codey, who represents Rabner's hometown … . 'I don't necessarily think he tilts either way, ideologically. He's a man of integrity and a voice of reason.'" COMMENT: What the hell did he say? Without a legal ideology there is neither a legal mode nor method and thus only arbitrary, as opposed to fair, judgments. Isn’t that called judicial activism?
Senate Minority Leader Leonard Lance "said he did not want to 'pre-judge' the confirmation process, but 'as a starting point, I would say that Stuart Rabner received our support when he was confirmed to be attorney general.' Lance also said he worked well with Rabner when Rabner was Corzine's chief Counsel last year." COMMENT: Looks good, feels good.
Senator Adler (Chairman of the Senate Judiciary Committee) "who graduated from Harvard Law School a year before Mr. Rabner, said of his qualifications: 'I have a very high regard for Stuart Rabner as an attorney, as a public servant and as a person. And in whatever capacity he serves New Jersey, New Jersey is better off.'” COMMENT: Rabner for Governor!
Senator Gerald Cardinale said "it would be 'one of the better appointments' that Corzine has made." COMMENT: Seems to imply Governor Corzine has pretty low standards.
The Fourth phase will begin with NJ Bar provided unsubstantiated anointing, followed by a short Judiciary Committee hearing, ASAP, with an equally quick Senate vote. Speed of approval is necessary to prevent in depth review and legislative accountability. It facilitates ignoring, silencing or ridiculing any opposition. Why? Because when you scratch the surface, Meagan's Law litigation aside, one might find A.G. Rabner to be neither qualified nor impartial.
FOOTNOTES:
(1) This post was ready for release on the morning of 06 - 04 - 07, but was not published. Please accept our apology. Because it is an analysis of Governor Corzine's strategy, however, for better or worse, it is unchnaged. thus, the decision was made to publish it today. Thank you for you patience.
(2) Monday's announcement may or may not be as advertised. It could be a feint and the Governor might name someone else. But that would anger a lot of reporters. Such an Administration in-your-face on the heels of the anonymous official certainty incorporated by so many reporters into creating their stories would hurt the reporters (source checking) and their employers' credibility (the Fourth Estate) and damage the administrations ability to spin future leaks. Or, the announcement could be a variant of the leak. If, over the weekend, an opposition with the power to stop A.G. Rabner appears stronger than anticipated, Governor Corzine could appoint him to the Supreme Court as a justice. Someone else, like tenured Justice Virginia Long, might be elevated to Chief Justice. Justice Long retires no later than 2012. This path would advance A.G. Rabner to the Court and give him another chance within 5 years. An improbable, but practical Plan B.
The first phase was to create Brand Rabner in the public’s mind by making him the Governor’s Counsel and Attorney General.
The second phase was to wait until the last minute to announce the appointment and thus provide enough uncertainty to prevent any opposition from zeroing in on a sitting target.
The third phase began on Thursday, May 31, 2007, when anonymous "administration officials" leaked to the press that Governor Corzine will announce, at a press conference scheduled for Monday, June 4, 2007, A.G. Rabner is his choice to replace C.J. Zazalli on June 17, 2007. And, of course, Governor Corzine's Office refused to comment (1).
The purpose of the Thursday’s release, therefore, is threefold. First, it gives the press a "scoop" and thus a reason to quickly print the story, i.e. to create buzz. Second, it sets the tone and frames the buzz in those stories by sending otherwise busy reporters scurrying to put together some relevant combination of facts, quotes and analysis by deadline. Third, it uses the timing as a foil to unfavorable news . Without more then, Monday's announcement is old news, out of the headlines - a fate resigned to. By Monday night the media's eyes and reporting attention will be on the State's primary elections. And, in a week, plus or minus, Rabner will be quietly confirmed.
Based on newspaper articles it appears Governor Corzine's early head count makes the appointment of A.G. Rabner a go. But, as your read them, ask yourself some questions: Do the things said about A.G. Rabner show essential and enough attributes, as opposed to being good but not necessary nor enough characteristics, to warrant making him the next Chief Justice? Do they identify Governor Corzine’s mission, what he wants the Court to be?
Peter G. Verniero (Disgraced former Justice) "... From what I know of Stuart, he’s up to the task.” COMMENT: Then again, racial profiling is up.
Senate President Richard Codey: " 'This was expected all along.' ... Rabner 'is an excellent choice. I think he's fair,' said Codey, who represents Rabner's hometown … . 'I don't necessarily think he tilts either way, ideologically. He's a man of integrity and a voice of reason.'" COMMENT: What the hell did he say? Without a legal ideology there is neither a legal mode nor method and thus only arbitrary, as opposed to fair, judgments. Isn’t that called judicial activism?
Senate Minority Leader Leonard Lance "said he did not want to 'pre-judge' the confirmation process, but 'as a starting point, I would say that Stuart Rabner received our support when he was confirmed to be attorney general.' Lance also said he worked well with Rabner when Rabner was Corzine's chief Counsel last year." COMMENT: Looks good, feels good.
Senator Adler (Chairman of the Senate Judiciary Committee) "who graduated from Harvard Law School a year before Mr. Rabner, said of his qualifications: 'I have a very high regard for Stuart Rabner as an attorney, as a public servant and as a person. And in whatever capacity he serves New Jersey, New Jersey is better off.'” COMMENT: Rabner for Governor!
Senator Gerald Cardinale said "it would be 'one of the better appointments' that Corzine has made." COMMENT: Seems to imply Governor Corzine has pretty low standards.
The Fourth phase will begin with NJ Bar provided unsubstantiated anointing, followed by a short Judiciary Committee hearing, ASAP, with an equally quick Senate vote. Speed of approval is necessary to prevent in depth review and legislative accountability. It facilitates ignoring, silencing or ridiculing any opposition. Why? Because when you scratch the surface, Meagan's Law litigation aside, one might find A.G. Rabner to be neither qualified nor impartial.
FOOTNOTES:
(1) This post was ready for release on the morning of 06 - 04 - 07, but was not published. Please accept our apology. Because it is an analysis of Governor Corzine's strategy, however, for better or worse, it is unchnaged. thus, the decision was made to publish it today. Thank you for you patience.
(2) Monday's announcement may or may not be as advertised. It could be a feint and the Governor might name someone else. But that would anger a lot of reporters. Such an Administration in-your-face on the heels of the anonymous official certainty incorporated by so many reporters into creating their stories would hurt the reporters (source checking) and their employers' credibility (the Fourth Estate) and damage the administrations ability to spin future leaks. Or, the announcement could be a variant of the leak. If, over the weekend, an opposition with the power to stop A.G. Rabner appears stronger than anticipated, Governor Corzine could appoint him to the Supreme Court as a justice. Someone else, like tenured Justice Virginia Long, might be elevated to Chief Justice. Justice Long retires no later than 2012. This path would advance A.G. Rabner to the Court and give him another chance within 5 years. An improbable, but practical Plan B.
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