U.S. Supreme Court Lifts Restrictions on Navy Sonar

[Wretched Excess]

while I am thrilled that sanity carried the day, I would point out that john paul stevens agreed with the ruling in part, but is one of the justices that will almost certainly be replaced in obama's first term.  you can always find a bigger moonbat than the one you are replacing.

the health of dolphins over national security . . . no, wait, the suspicion that sonar may displease dolphins nearly trumps national security.  you have to worry for your country on this one.

U.S. Supreme Court Lifts Restrictions on Navy Sonar

Nov. 12 (Bloomberg) -- The U.S. Supreme Court, ruling that national security trumps environmental rules, lifted restrictions on the Navy's use of sonar during training exercises off the coast of Southern California.

A divided high court rejected arguments by environmentalists that the judge-ordered restrictions were warranted to protect whales and other marine mammals.

The environmental interests ``are plainly outweighed by the Navy's need to conduct realistic training exercises to ensure that it is able to neutralize the threat posed by enemy submarines,'' Chief Justice John Roberts wrote for the majority.

The case tested the power of the White House and the military to skirt federal environmental regulations in the name of national security. The Bush administration argued that courts should be deferential when the president concludes that a military exercise is essential for the country's safety.

Two justices, Ruth Bader Ginsburg and David Souter, dissented, while two others, Stephen Breyer and John Paul Stevens, agreed with Roberts in part.

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[TheSarge]

The Enviro-Nazi's will STILL find a way to try and prevent the Navy from going forward.

Especially if Dear Leader puts someone like ManBearPig at the EPA or Dept. OF Interior.

[Wretched Excess]

The Enviro-Nazi's will STILL find a way to try and prevent the Navy from going forward.

Especially if Dear Leader puts someone like ManBearPig at the EPA or Dept. OF Interior.

manbearpig thinks he is entirely too awesome to stoop to something like a cabinet level post . . . hopefully.

[TheSarge]

manbearpig thinks he is entirely too awesome to stoop to something like a cabinet level post . . . hopefully.

I could see him doing it.  Especially since it would let him put into policy his whackjob enviromental ideology...with a green light from Dear Leader.

Remember the "bankrupting" comment The Rookie made about new coal plants?

ALgore is just the man to do that to the energy industry.

[Wretched Excess]

I could see him doing it.  Especially since it would let him put into policy his whackjob enviromental ideology...with a green light from Dear Leader.

Remember the "bankrupting" comment The Rookie made about new coal plants?

ALgore is just the man to do that to the energy industry.

eh.  I'll bet you a bar tab.    cabinet secretaries do what the presidents tell them to do.  al gore has a nobel prize and an oscar ;  he is an much more advanced form of life than mere cabinet secretaries.

 

[jinxmchue]

I give Obama a week to issue an executive order in an attempt to trump this ruling.

[Crazy Horse]

AND back to the thread at hand.

MAJOR WIN for the NAVY 

[NHSparky]

Yeah, major win right up to the point where Obummer so guts the DoD budget the Navy is basically welded to the pier.

[TheSarge]

Yeah, major win right up to the point where Obummer so guts the DoD budget the Navy is basically welded to the pier.

You really think he would make SecNav John Kerry do that?


 

[NHSparky]

You really think he would make SecNav John Kerry do that?


 

Keep laughing, sonny--next thing you know you'll be playings kazoos and recorders in the band and DumbassTanker will be running up and down hills shouting, "Bang!  Bang!"

[Thor]

Keep laughing, sonny--next thing you know you'll be playings kazoos and recorders in the band and DumbassTanker will be running up and down hills shouting, "Bang!  Bang!"

Don't they already do that here in CONUS ?!?!?!?


 

[TheSarge]

Keep laughing, sonny--next thing you know you'll be playings kazoos and recorders in the band and DumbassTanker will be running up and down hills shouting, "Bang!  Bang!"

Yeah I remember talking to tankers during the last Dark Age (a.k.a. The Clinton years) saying they did just that because they didn't have the gas or parts to run the tanks at the ranges in Germany during the Carter Years.

I only kid you because we're looking at having LTG(Ret) Claudia Kennedy as the next SecArmy  

[SSG Snuggle Bunny]

Why do animals even have standing before the court?

[TheSarge]

Why do animals even have standing before the court?

Don't you know that ALL of Gaia's creatures are entitled to the same rights under the Constitution?

 

[Wretched Excess]

Why do animals even have standing before the court?

I was just assuming that this suit originally involved endangered species;  several different species of marine mammals are on the list, but since you're talking about the entire ocean, you manage to cover just about everything that swims.

[djones520]

You really think he would make SecNav John Kerry do that?


 

AF Times did a story about what Obama will mean to the US Defense Budget.  3 pages in the paper covered it, and not one single mention of his comments about how he'd cut Future Combat Systems, and other major defense spendings.

Not that I expected otherwise.  The Military Times where always hit peices against the military.

[TheSarge]

Not that I expected otherwise.  The Military Times where always hit peices against the military.

I never trust the times.

They are owned by Gannett News...the same people that publish USA Today.

They are not our friend.

[SSG Snuggle Bunny]

I was just assuming that this suit originally involved endangered species;  several different species of marine mammals are on the list, but since you're talking about the entire ocean, you manage to cover just about everything that swims.

US law, I assume, only covers US territory.

[Wretched Excess]

US law, I assume, only covers US territory.

plus 11 miles off any US coastline, but I think federal law applies to DoD policy wherever that policy is implemented.  but that is an awfully good point.

[Wretched Excess]

MSB has a salient point.  it turns out that the SCOTUS didn't actually consider the merits of the case, they decided that lower courts had exceeded their jurisdiction:

The court, in its first decision of the term, voted to allow the Navy to conduct realistic training exercises to respond to potential threats by enemy submarines.

Environmental groups had persuaded lower federal courts in California to impose restrictions on sonar use in submarine-hunting exercises to protect whales and other marine mammals. Environmentalists link sonar to beached whales, internal bleeding around marine mammals' brains and ears, and other damage.

The Bush administration argued that there is little evidence of harm to marine life in more than 40 years of exercises off the California coast.

Chief Justice John Roberts wrote the majority opinion, which was joined by Justices Samuel Alito, Anthony Kennedy, Antonin Scalia and Clarence Thomas.

Six justices agreed with the outcome, although Justice John Paul Stevens did not join the majority opinion. Justice Stephen Breyer would have allowed some restrictions to remain, while Justices Ruth Bader Ginsburg and David Souter said the prospect of harm to the whales was sufficient to justify limits on sonar use.

The court did not deal with the merits of the claims put forward by the environmental groups. It said, rather, that federal courts abused their discretion by ordering the Navy to limit sonar use in some cases and to turn it off altogether in others.

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[SSG Snuggle Bunny]

Last time I read the constitution congress got to set the UCMJ governing the military.

I sure as hell don't rememebr any section granting say over the military to judges.

Of course, now with the Uberfurhen in office all bets are off.