The Conservative Cave
Current Events => Breaking News => Topic started by: Chris_ on June 22, 2010, 12:56:44 PM
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http://chicagobreakingbusiness.com/2010/06/judge-overturns-offshore-drilling-ban.html
Judge overturns offshore drilling ban
by Reuters | Posted today at 12:50 p.m.
A U.S. judge Tuesday ruled against the Obama administration’s six-month moratorium on deepwater drilling in the wake of the oil spill in the Gulf of Mexico, a blow to the White House, which had hoped the ban would provide time to ensure other wells are operating safely.
A lawsuit was filed by Louisiana-based Hornbeck Offshore Services LLC was joined by more than a dozen companies involved in offshore drilling to reverse the drilling ban imposed by the U.S. Department of Interior.
A federal judge in Louisiana granted the drillers’ request for a preliminary restraining order that would prevent the ban from taking effect.
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A New Orleans federal judge lifted the six-month moratorium on deepwater drilling imposed by President Barack Obama following the largest oil spill in U.S. history.
link (http://www.bloomberg.com/news/2010-06-22/u-s-deepwater-oil-drilling-ban-lifted-today-by-new-orleans-federal-judge.html)
Take that you narcissistic POS.
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A New Orleans federal judge lifted the six-month moratorium on deepwater drilling imposed by President Barack Obama following the largest oil spill in U.S. history.
link (http://www.bloomberg.com/news/2010-06-22/u-s-deepwater-oil-drilling-ban-lifted-today-by-new-orleans-federal-judge.html)
Take that you narcissistic POS.
Awesome!
Wonder if Feds will appeal.
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Awesome!
Wonder if Feds will appeal.
I just heard on Fox that the WH will file an immediate appeal.
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Looks like somebody beat me to it.
Mods, please merge with http://www.conservativecave.com/index.php/topic,45601.0.html
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Looks like somebody beat me to it.
Mods, please merge with http://www.conservativecave.com/index.php/topic,45601.0.html
Done.....
doc
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[youtube=425,350]rX7wtNOkuHo[/youtube].
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I just heard on Fox that the WH will file an immediate appeal.
Johnny on the spot for an appeal huh? Musta finished his round of golf already.
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It's so good to see the Obama admin get SERVED. :bird:, you evil bastard.
This goes to the 5th Circuit Court of Appeals, now. They have a pretty good reputation (or, if you're a moonbat, a pretty BAD reputation).
The truth is if you read their recent opinions it's a bit hard to divine a judicial bias, although in 90% of appealed criminal cases the USA wins.
If you feel like slogging through some opinions, here ya go:
http://www.ca5.uscourts.gov/Opinions.aspx?View=Last7
You can reset the dates to go further back.
Here's this from PravdaNYTimes:
http://www.nytimes.com/2010/04/25/us/25sfninth.html
The article is mostly about trying to pretend that the 9th Circuit isn't insane, but the 5th gets a mention:
"The Bush appointees, Mr. Martin said, had “caused the Ninth Circuit to drift back to the right a little bit.†Other circuits, especially the Fifth Circuit, based in New Orleans, and the Sixth, based in Ohio, are on the right. “The differences correspond to the local politics of those areas,†he said, and he argued that the attacks on the Ninth Circuit were politically motivated."
Since Martin is a Professor, was sought as a quote source by the Times, and considers the 9th Circuit to have moderated at all, I'd say he's probably a FRAM (Fricking Raving Academic Moonbat), this tells us something good about the 5th Circuit.
Of course if the Dictator pretending to be a President loses there, naturally he'll go to the USSC.
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Judge Feldman is pretty distinguished:
http://www.aaas.org/spp/case/feldman.htm
Judge Feldman graduated from Tulane Law School in 1957, where he was a member of the Order of the Coif, and Assistant Editor of the Tulane Law Review. Upon graduation in 1957, Judge Feldman became Judge John Minor Wisdom's first law clerk when Judge Wisdom was appointed United States Circuit Judge. Judge Feldman served as Judge Wisdom's law clerk in the Fifth Circuit U.S. Court of Appeals from 1957 to 1959 and, thereafter, practiced law in New Orleans until October of 1983. His practice emphasized tax law and complex commercial litigation. He is a past chairman of the Law Reform Committee of the Louisiana State Bar Association, and a founding member of the Section on Anti‑Trust Law. Judge Feldman is also a Life Member of the American Law Institute
On October 12, 1983 he was appointed United States District Judge for the Eastern District of Louisiana by President Reagan, and presently serves as the Chairman of the Fifth Circuit's Committee on Pattern Civil Jury Instructions. Judge Feldman was a member of the Board of Directors of the Federal Judicial Center (1991-1995), and was Chair of the National Conference of Federal Trial Judges (1996-1997). He is a visiting lecturer at Cambridge University, and an Honorary Master of the Bench of the Inner Temple Inn of Court, London. Judge Feldman is a member of the Advisory Committee of the American Association for the Advancement of Science, is Chair of the Board of Advisory Editors of the Tulane Law Review, and was the Fifth Circuit district judge representative on the Judicial Conference of the United States for the 2001-2004 term. From 1994 to 2000 he was a lecturer in Constitutional Law and war powers at Syracuse University's Maxwell School of Public Administration. During the Fall of 2002, he was Princeton University's Distinguished Visiting Jurist in the James Madison Program of American Ideals and Institutions. He is a frequent James Madison lecturer at Princeton University and has been a guest lecturer at Amherst College in constitutional interpretation and the philosophy of the Rule of Law.
Oh the left must hate him. He knows his ass from his elbow in scientific matters, and he's a real expert in Constitutional law and war powers law.
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Johnny on the spot for an appeal huh? Musta finished his round of golf already.
Took him 50-plus days to actually DO anything about the spill, and half a second to cry like a little bitch when someone stepped on his dick.
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His ban on drilling put hundreds...thousands?...of people out of work for an indefinite period of time.
Yes, they will collect unemployment, but that's just a further drain on the economy. If the appeallate judges have any sense at all, the will deny the appeal.
It's impossible to really calculate the true costs of shutting down the off-drilling. Chances of another un-cappable spill happening are most likely zilch.....and if it does, somebody better be looking for a culprit, because one is a horrific accident, two is terrorism.
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Took him 50-plus days to actually DO anything about the spill, and half a second to cry like a little bitch when someone stepped on his dick.
Actually Sparky, there is a pretty damn good argument for the case that he hasn"t actually DONE anything yet.....except for he and his minions making flowery speeches, and generally getting in the way of everyone that is actually trying to do something about the problem......
Oh....and I forgot.......extorting BP out of 20 billion, a portion of which will likely end up in some Dem's campaign coffers....
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"The Bush appointees, Mr. Martin said, had “caused the Ninth Circuit to drift back to the right a little bit.â€
:rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf: :rotf:
Mr Martin owes me a new laptop because I spit all in this one laughing to hard!
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Snarkle!
A good reason to smile today - not just because 0bama got his wee-wee slapped. Because it SUPPORTS those that need their jobs now more than ever.
I have a feeling we will be seeing more of this in the future. Recently Republicans in Congress have been stating if they get the majority in November they are going after 0bama with a truckload of investigations against his administration and policies.
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How far out into the oceans do States have control? 10 ft? 10,000 ft? 10 miles?
I'm curious if/when this gets escalated to the same level of the AZ lawsuit should LA tell the feds to bound sand to save their economy.
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How far out into the oceans do States have control? 10 ft? 10,000 ft? 10 miles?
I'm curious if/when this gets escalated to the same level of the AZ lawsuit should LA tell the feds to bound sand to save their economy.
12 miles IIRC.
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I'm not 100% on this, but doesn't the ban stay in effect until the appeal is all situated?
because one is a horrific accident, two is terrorism.
Or a very underhanded plot if it were to happen. I'm still not sure about this one. "Skeptical," we'll call it.
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12 miles IIRC.
Hmmmm... So I wonder if LA will have the... cahones to start pushing drilling w/in that boundary... could get interesting.
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It's difficult to say how this will play on appeal. However the fact that it is based on an 'Expert report' where 8 of the 15 experts did not see the report after the moratorium rec was added, and don't agree with it, has to be very damaging to the 'Rational basis test' and 'Deference to expert administrative decisionmaking' aspects of the review under the Administrative Procedures Act analysis.
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This is good for a chuckle or three...
Judge Who Ruled Against Offshore Drilling Moratorium Invests in Oil Industry
Today, Judge Martin Feldman, a U.S. District Court Judge for the Eastern District of Louisiana, sided with a drilling company which had argued that the Obama administration’s blanket, 6-month moratorium on deepwater drilling in the Gulf of Mexico was illegal. The drilling company, Hornbeck Offshore Services of Covington, LA, claimed financial distress from the imposition of the moratorium. In the ruling handed down this afternoon, Judge Feldman agreed, writing that the administration made an “arbitrary and capricious†decision that would have an “immeasurable effect on the plaintiffs, the local economy, the Gulf region, and the critical present-day aspect of the availability of domestic energy in this country.†Like many judges presiding in the Gulf region, Feldman owns lots of energy stocks, including Transocean, Halliburton, and two of BP’s largest U.S. private shareholders — BlackRock (7.1%) and JP Morgan Chase (28.3%). Here’s a list of Feldman’s income in 2008 (amounts listed unless under $1,000):
BlackRock ($12000- $36000)
Ocean Energy ($1000 – $2500)
NGP Capital Resources ($1000 – $2500)
Quicksilver Resources ($5000 – $15000)
Hercules Offshore ($6000 – $17500)
Provident Energy
Peabody Energy
PenGrowth Energy
RPC Inc
Atlas Energy Resources
Parker Drilling
TXCO Resources
EV Energy Partners
Rowan Companies
BPZ Resources
El Paso Corp
KBR Inc
Chesapeake Energy
ATP Oil & Gas
In his opinion today, Feldman wrote, “Oil and gas production is quite simply elemental to Gulf communities.†Indeed, it is so elemental that the justice system is invested in the oil and gas industry. As TP’s Ian Millhiser has written, “Industry ties among federal judges are so widespread that they are beginning to endanger the courts’ ability to conduct routine business. Last month, so many members of the right-wing Fifth Circuit were forced to recuse themselves from an appeal against various energy and chemical companies that there weren’t enough untainted judges left to allow the court to hear the case.â€
Update White House Press Secretary Robert Gibbs announced that the administration will "immediately appeal to the 5th Circuit." The Sierra Club will join the appeal.
© 2010 Think Progress
http://www.commondreams.org/headline/2010/06/22-16
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Snarkle!
A good reason to smile today - not just because 0bama got his wee-wee slapped. Because it SUPPORTS those that need their jobs now more than ever.
I have a feeling we will be seeing more of this in the future. Recently Republicans in Congress have been stating if they get the majority in November they are going after 0bama with a truckload of investigations against his administration and policies.
I hope they start more than a few ethics investigations into various DemonRats in congress that Pelosi and Reid have chosen to ignore. hen I'd like to see an investigation of the Holder and the DOJ.
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Snarkle!
A good reason to smile today - not just because 0bama got his wee-wee slapped. Because it SUPPORTS those that need their jobs now more than ever.
I have a feeling we will be seeing more of this in the future. Recently Republicans in Congress have been stating if they get the majority in November they are going after 0bama with a truckload of investigations against his administration and policies.
Not a good idea except where warranted
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This is good for a chuckle or three...
Judge Who Ruled Against Offshore Drilling Moratorium Invests in Oil Industry
I find this interesting for two reasons... They're effectively calling his integrity into question.... yet they refuse to do the same for Pelosi, et al, who have investments in carbon trading companies.
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This is good for a chuckle or three...
Judge Who Ruled Against Offshore Drilling Moratorium Invests in Oil Industry
Today, Judge Martin Feldman, a U.S. District Court Judge for the Eastern District of Louisiana, sided with a drilling company which had argued that the Obama administration’s blanket, 6-month moratorium on deepwater drilling in the Gulf of Mexico was illegal. The drilling company, Hornbeck Offshore Services of Covington, LA, claimed financial distress from the imposition of the moratorium. In the ruling handed down this afternoon, Judge Feldman agreed, writing that the administration made an “arbitrary and capricious†decision that would have an “immeasurable effect on the plaintiffs, the local economy, the Gulf region, and the critical present-day aspect of the availability of domestic energy in this country.†Like many judges presiding in the Gulf region, Feldman owns lots of energy stocks, including Transocean, Halliburton, and two of BP’s largest U.S. private shareholders — BlackRock (7.1%) and JP Morgan Chase (28.3%). Here’s a list of Feldman’s income in 2008 (amounts listed unless under $1,000):
BlackRock ($12000- $36000)
Ocean Energy ($1000 – $2500)
NGP Capital Resources ($1000 – $2500)
Quicksilver Resources ($5000 – $15000)
Hercules Offshore ($6000 – $17500)
Provident Energy
Peabody Energy
PenGrowth Energy
RPC Inc
Atlas Energy Resources
Parker Drilling
TXCO Resources
EV Energy Partners
Rowan Companies
BPZ Resources
El Paso Corp
KBR Inc
Chesapeake Energy
ATP Oil & Gas
In his opinion today, Feldman wrote, “Oil and gas production is quite simply elemental to Gulf communities.†Indeed, it is so elemental that the justice system is invested in the oil and gas industry. As TP’s Ian Millhiser has written, “Industry ties among federal judges are so widespread that they are beginning to endanger the courts’ ability to conduct routine business. Last month, so many members of the right-wing Fifth Circuit were forced to recuse themselves from an appeal against various energy and chemical companies that there weren’t enough untainted judges left to allow the court to hear the case.â€
Update White House Press Secretary Robert Gibbs announced that the administration will "immediately appeal to the 5th Circuit." The Sierra Club will join the appeal.
© 2010 Think Progress
http://www.commondreams.org/headline/2010/06/22-16
That's probably peanuts to what the oil companies gave to Obummer's political campaign.
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The Sec Of the Interior plans to issue a new order banning offshore drilling, I heard that on the way home from work on Mark Levins show.
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Awesome!
Wonder if Feds will appeal.
Of course they going to appeal. This could go on for months to even years. Don't know when the oil spill will end though.
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Interior Secretary Salazar Seeks to Reimpose Drilling Moratorium
WASHINGTON -- Interior Secretary Ken Salazar says he will issue a new order imposing a moratorium on deepwater oil drilling after a federal judge struck down the existing one.
Salazar said in a statement Tuesday that the new order will contain additional information making clear why the six-month drilling pause was necessary in the aftermath of the Gulf oil spill. The judge in New Orleans who struck down the moratorium earlier Tuesday complained there was insufficient justification for it.
"We see clear evidence every day, as oil spills from BP's well, of the need for a pause on deepwater drilling," Salazar continued. "That evidence mounts as BP continues to be unable to stop its blowout, notwithstanding the huge efforts and help from the federal scientific team and most major oil companies operating in the Gulf of Mexico."
Salazar pointed to indications of inadequate safety precautions by industry on deepwater wells. "Based on this ever-growing evidence, I will issue a new order in the coming days that eliminates any doubt that a moratorium is needed, appropriate, and within our authorities."
http://www.foxnews.com/us/2010/06/22/interior-secretary-seeks-renew-drilling-stay/
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Interior Secretary Salazar Seeks to Reimpose Drilling Moratoriumhttp://www.foxnews.com/us/2010/06/22/interior-secretary-seeks-renew-drilling-stay/
Persistent bastards, ain't they?
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"I hope he fails!"
-Rush Limbaugh-
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"I hope he fails!"
-Rush Limbaugh-
If he doesn't, we're in big trouble.
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Persistent bastards, ain't they?
It seems kind of childish, from the one article I read... "well, THIS moratorium contains new information."
I wonder how long we'll see a back-and-forth on this. Shoot it down, create new one, shoot it down, create new one, etc...
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It seems kind of childish, from the one article I read... "well, THIS moratorium contains new information."
I wonder how long we'll see a back-and-forth on this. Shoot it down, create new one, shoot it down, create new one, etc...
Huh, didn't this sort of scenario kinda pop up in another discussion about the ability/legality of shutting down the intertubes?
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I wonder how long we'll see a back-and-forth on this. Shoot it down, create new one, shoot it down, create new one, etc...
Let's see....today is June 23, 2010....and we have Obama in office until January 20, 2013.....that 2yrs, 210 days, some odd hours and minutes.....
So, back-and-forth for about 2 yrs, 209 days, some odd hours and minutes....
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Let's see....today is June 23, 2010....and we have Obama in office until January 20, 2013.....that 2yrs, 210 days, some odd hours and minutes.....
So, back-and-forth for about 2 yrs, 209 days, some odd hours and minutes....
Yep, the dims hated the drill drill drill mantra and this spill is their excuse to stop it so they'll block it as long as they can, which could be decades depending on who we get blessed with next.
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U.S. District Judge Martin Feldman, who was appointed by President Ronald Reagan and has owned stock in a number of petroleum-related companies, sided with the plaintiffs.
"If some drilling equipment parts are flawed, is it rational to say all are?" he asked. "Are all airplanes a danger because one was? All oil tankers like Exxon Valdez? All trains? All mines? That sort of thinking seems heavy-handed, and rather overbearing."
He also warned that the shutdown would have an "immeasurable effect" on the industry, the local economy and the U.S. energy supply.
Given the judge's comments, I doubt this new attempt to circumvent the system is going to fly either.
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It seems kind of childish, from the one article I read... "well, THIS moratorium contains new information."
I wonder how long we'll see a back-and-forth on this. Shoot it down, create new one, shoot it down, create new one, etc...
I'm not completely aware of the process, but couldn't one of the oil companies or related industries run right to court after this new moratorium is issued and get an injunction on the grounds that the other one was thrown out?
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Looks to me, though, that Obama Capone and his gangsters are under siege, or at least having to fight on multiple fronts. There's McCrystal, and however this turns out for the general, this is a lot of no good for Obama. There's Arizona, which the slimes want to sue, but now there's the ruling against the moratorium, so now that's on their plate. They're f'ing up Afghanistan and if McCrystal is forced to resign he can say whatever he pleases, and it's probably going to be that many American soldiers would be alive today if Obama hadn't dithered for months about the troops to give him, and hadn't cut the number by, what, a half? There's Kagan, and a whole lot of shit is turning up about her, and it looks like the Republicans on judiciary may even be growing a spine, and possibly a pair or two, too. There's Kyl and immigrationgate; I missed Kyl on van Susteren last night but I know he stands by his words (and really, who is going to believe Obama at this point in any he said/he said fracas?)
And of course there's the endless spill endlessly spilling oil into the gulf, and Obama looking like an ineffectual fool (which he is, unless he's implementing his hideous ideology). Not that I don't doubt for a second or ever doubted that Obama is allowing the gulf to turn into a bigger disaster than it needs to be deliberately, so as to destroy/nationalize as much of our oil industry as possible; but he has underestimated and not correctly predicted the effect his deliberate negligence is having on his presidency.
I love seeing them tied down this way. It's the best hope we have of Obama and his toads being incapable of doing no more harm until November.
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Given the judge's comments, I doubt this new attempt to circumvent the system is going to fly either.
More than that, he'd be justified in issuing a contempt citation to Salazar, at the least.
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More than that, he'd be justified in issuing a contempt citation to Salazar, at the least.
That's what I thought. What would stop him. Of course, I don't know beans about the law but that would serve this Administration right if a citation was issued.
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Suck it. Suck it long, and suck it hard. :evillaugh:
Government loses bid to keep oil drilling ban
(Reuters) – The Obama administration lost a legal skirmish on Thursday when a judge refused to put on hold his decision lifting a ban on deepwater oil drilling imposed after the worst spill in U.S. history.
After striking down the moratorium on Tuesday, a federal judge in New Orleans rejected a request to allow the six-month ban to stand while the government appeals his decision.
Judge Martin Feldman issued a brief order denying the stay request, pointing to his previous ruling that criticized the ban as arbitrary, far-reaching and unjustified given the impact on thousands of oil industry workers and communities.
http://news.yahoo.com/s/nm/20100624/us_nm/us_oil_spill
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Let's see....today is June 23, 2010....and we have Obama in office until January 20, 2013.....that 2yrs, 210 days, some odd hours and minutes.....
So, back-and-forth for about 2 yrs, 209 days, some odd hours and minutes....
:lmao: :lmao: well-played!
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Suck it. Suck it long, and suck it hard. :evillaugh:
http://news.yahoo.com/s/nm/20100624/us_nm/us_oil_spill
I don't care how liberal the judge the administration picked, even that judge would have to know that if he overturned the previous judge's ruling without any sort of consideration of judicial process, he'd be setting a nasty precedent which could undermine the ENTIRE judiciary for virtually any case.
IOW, he wasn't about to roll over and make an entire branch of government the Executive Branch's bitch.
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I don't care how liberal the judge the administration picked, even that judge would have to know that if he overturned the previous judge's ruling without any sort of consideration of judicial process, he'd be setting a nasty precedent which could undermine the ENTIRE judiciary for virtually any case.
IOW, he wasn't about to roll over and make an entire branch of government the Executive Branch's bitch.
But that happens often, so the precedent is already set.