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Posts Tagged ‘SCOTUS’

Gilbert and Edmund – The Only Thing Necessary

September 28th, 2018 Comments off
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Millions don’t realize that there has been darkness spreading for years, but it is always darkest before the dawn.

What is wrong is that we don’t ask what is right.”

   G.K. Chesterton.

 

The only thing necessary for the triumph of evil is that good men do nothing.”

   Edmund Burke. 

 

CNN Money is mute this morning on the topic of the Dr. Christine Blasey Ford’s emotional allegations or Judge Brett Kavanaugh’s spirited, legal, and fact-base denial. But CNBC, MarketWatch and Bloomberg – all left of center Business News sites – have one or more prominent stories about the topic that lit up TV screens and streaming hand-held devices yesterday. Right-of-center Fox Business likewise had a prominent article about the riveting event.

MHProNews periodically rolls out a tag line “News Through the Lens of Manufactured Homes, and Factory-Built Housing.” (C) It is featured in all of our industry-leading emailed headline news. It is likely that few if any will sound off on this topic in manufactured home trade media today, yet it drew the attention of the nation for days in the run up, was riveted to screens large and small yesterday, and will continue to be a factor for days – if not years – to come.

 

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Business news site Bloomberg’s home page as of about 4:10 AM ET, 9.28.2018. Bloomberg, and numerous other business sites believe this is relevant news for their readers. MHProNews concurs.

 

Why it Matters to Factory Builders

What happens on the nation’s high court matters to every American, and that includes businesses and investors. SCOTUS – the Supreme Court of the United States – will hear cases that impact business law, property rights, civil, constitutional rights, and more. Will SCOTUS be an Activist Court – a kind of super legislature that is unelected – or will it be a deliberative body dedicated to applying the Constitution and the rule of law? 

Investors often say that they crave certainty. The more certainty there is in America’s legal system, the better it is for business and consumers alike.

Judge Brett Kavanaugh has had an impeccable legal and personal reputation for decades. He is precisely the kind of person that should be on the Supreme Court, per several attorneys MHProNews has heard from.  But there are no doubt millions of views and voices on either side of this hot issue.  ICYMI, her testimony and his are on the videos in the post last night, found at the link below. Both are compelling viewing.

Civil and Property Rights, SOCTUS, and Ford v Kavanaugh at Spirited Hearing

 

Revealing Tactics – Why It Matters

As several Republican Senators noted yesterday, Dr. Ford in a sense was a victim of having her testimony hijacked against her will.  Her testimony was raw and emotion-packed. She apparently believes what she said. But all four of the people, including her own friend, who were named by Dr. Ford deny the gathering or incident took place.

As a legal standard, that’s more than enough to ‘rule,’ in Judge Kavanaugh’s favor.

One can and should have great sympathy and empathy for what Dr. Ford described.  But her own testimony was laced with contradictions. She can’t recall things from a few weeks ago. She claimed not to know that the Senate Judiciary Committee offered to come to her to hear her testimony. She claimed not to know that they offered to hear her in private. Did her attorneys not tell her? Did Dr. Ford not hear that on the news for days?

Dr. Ford claimed not to know who paid for her lie detector test. She’s a Ph.D, and yet she said that she did not know how to get her message to the White House? She knew to write her congressional representative and one of her U.S. Senators, Diane Feinstein (D-CA). She claimed fear of flying, but admitted to numerous trips by airplane. Those are all among the points from her own testimony.

Judge Kavanaugh is not required to prove his innocence, he is presumed innocent as a matter of law, until proven guilty, or a guilty plea is entered.

Both Ford and Kavanaugh’s families have reportedly had their lives turned upside down by the media and political circus of the last two weeks. But if her story was leaked to the media, as she claims, the GOP did not have her letter. Only Democrats did. Dr. Ford told a few friends about her letter, so perhaps a friend of hers may also have leaked the story to the media against what she said were her wishes.

But certainly, the Democrats on the committee used this as a delaying tactic, with which they hoped to derail Judge Kavanaugh’s confirmation. Is it anything goes? Does one allow Uncorroborated testimony, or perhaps two more cases that even the New York Times found weak, to become a smear campaign?

Who has done what and why has been revealing. So this was absolutely a historic moment for the nation.

Dr. Ford was compelling, but also appeared frazzled. By contrast, Judge Kavanaugh had a calendar from the summer in question that all but made it clear that what she claimed could not have happened with him. Judge Kavanaugh said his family prays for her, and holds no ill will. But all four of those Dr. Ford cited as being there deny her recollection. Common sense leans in the favor of Judge Kavanaugh.

This is why there is a legal process in the first place. Sincere but questionable or false allegations can could happen to anyone – male or female. Someone can makes a claim or allegation, that however compelling, has no factual or evidentiary basis other than the claimant’s testimony. That’s why MHProNews follows evidence, documents, and common sense.

Americans by the millions feel great sympathy for Dr. Ford. We do too. Whatever she endured some 36 years ago, she has made a career for herself. She is likely to end up with one or more book deals, perhaps a even a movie. Her GoFundMe page – per media reports – had raised over $500,000 by yesterday afternoon.

By contrast, Judge Kavanaugh before last week had been FBI background checked 6 different times. Prior to the last two weeks of his life, there was no hint of scandal in an exemplary life of service. Should his life, and that of his family, be ruined by an uncorroborated allegation?

On Fox News after the hearings, Geraldo Rivera, and attorney who is “pro-choice” and pro-Democratic made an interesting observation. He said this Kavanaugh controversy could be boiled down to Roe vs. Wade. If Kavanaugh was “pro-choice” instead of “pro-life,” would he ever have been questioned in this way be a Democrats? Would Dr. Ford have been called at all?

In fairness, hearings were held. Millions of dollars have been spent. Millions more will be fund-raised. Votes will be cast in the 2018 midterms, and certainly this will be an issue in 2020 and for years to come. It is a historic, perhaps a watershed moment.  

The presumption of innocence is a bedrock principle of American Justice. The claimed witnesses, that calendar, among other evidence, all favored Judge Kavanaugh. The lie detector test suggests that Dr. Ford is convinced of her own belief. But lie detector tests are often inadmissible, because they are unreliable.

 Dr. Ford is now, and may remain, famous. She’s apparently suffered, but she may benefit, even if it wasn’t her intention.  Numerous decisions can be expected in the coming years that will come before the Supreme Court. 

There are legal minds in the manufactured housing and affordable housing fields that believe that issues like NIMBY vs. YIMBY, enhanced preemption, and more will land before SCOTUS. Who sits on the bench with those other eight justices matters.  But no less important, is the fact that certain senators saw fit to try to manipulate the nation by misusing emotion. Dr. Ford was arguably a prop, a pawn, a convenient tactic because all others had already failed. Process and laws exist for a reason.

Justice would be served if Judge Brett becomes Justice Kavanaugh on the Supreme Court of the U.S. “We Provide, You Decide.” ©  ##  (News, analysis, and commentary.)

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Dog Whistles, as Epic Battle for Business Effecting Manufactured Housing, Others Looms

July 10th, 2018 Comments off

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As Campus Reform humorously pointed out, the battle over the next nominee to the Supreme Court of the United States began almost immediately after the announcement that Justice Anthony “Tony” Kennedy would retire.

 

While the manufactured home industry veteran did not mention SCOTUS or the vacancy, in what reads like an anticipatory statement, Mark Weiss, JD, President and CEO of the Manufactured Housing Association for Regulatory Reform (MHARR) said in a new article that it is time for a return to the rule of law, as it applies to manufactured housing. See that, linked here.

If certainty is an important issue for business and investing – and investors routinely tell MHProNews that it is – then dependability from the courts is a crucial issue for manufactured housing, and all others too.

Much of what has occurred in transforming American business and the legal landscape in recent decades has come from political and legal changes that flowed from Washington, D.C.

So like it or not, these issues matter to MHVille.

 

Increased Certainty for Business?

It is against a backdrop of certainty for business – rather than red herring issues like abortion, which even if someday it would be overturned, it would simply go back to the states – that this Daily Business News post examines the nomination of Judge Brett Kavanaugh.  He stated last night that “A judge must be independent and must interpret the law, not make the law. A judge must interpret statutes as written, and a judge must interpret the Constitution as written, informed by history and tradition and precedent.”

That is the essence of what certainty is. That a law means what it says, and thus provides certainty for business and all others. The rest are details and commentary.

Showing off their sometimes-subtle whit, right wing Breitbart – which provided some of the pull quotes used here – shared a video from left wing MSNBC to show their readers what Judge Kavanaugh had to say in his 8 minutes of initial fame. Our video will be from CSPAN.

 

 

Kavanaugh was a Bush Administration appointee to the U.S. Court of Appeals for the D.C. Circuit on May 30, 2006, per federal records.

Kavanaugh said, “The framers established that the Constitution is designed to secure the blessings of liberty. Justice Kennedy devoted his career to securing liberty. I am deeply honored to be nominated to fill his seat on the Supreme Court.”

The D.C. judge later added some of the most important talking points that will doubtlessly come up during his confirmation process, “My judicial philosophy is straightforward. A judge must be independent and must interpret the law, not make the law. A judge must interpret statutes as written, and a judge must interpret the Constitution as written, informed by history and tradition and precedent. For the past 11 years, I’ve taught hundreds of students, primarily at Harvard Law School. I teach that the Constitution’s separation of powers protects individual liberty, and I remain grateful to the dean who hired me, Justice Elena Kagan. As a judge, I hire four law clerks each year. I look for the best. My law clerks come from diverse backgrounds and points of view. I am proud that a majority of my law clerks have been women.”

 

The View from the Oval Office

In a release to the Daily Business News, the White House press room said last night that Kavanaugh was “the best of the best.”

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Campus Reform and Democratic Push Back

Millions will be spent by both major parties and their backers, primarily in battle ground states where Democrats have senators up for re-election this November in ‘red states’ that President Donald J. Trump won in 2016.

 

As MHProNews previously reported, several potential issues are expected to be heard by the U.S. Supreme Court in the coming years that will impact manufactured housing. So this business of certainty and following the law and Constitution matters.

The Importance for Businesses and Investors in Manufactured Housing for Selecting the Next Supreme Court Justice

 

The link to MH Industry attorney Kurt Kelley’s exclusive commentary to MHProNews on the importance of the vacant seat is above.

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Tony is the multiple award-winning managing member of LifeStyle Factory Homes, LLC, the parent company to MHProNews, and MHLivingNews.com.

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Several issues that face manufactured housing are likely to end up at Supreme Court of the United States Certainty matters. See linked download, here.