In Split Decision, Calif. Judge Ordered Off Bench Over Fradulent Expense Reports Jun 28, 2008
"Removal is the ultimate sanction for a judge," the three commissioners wrote in a dissenting opinion. "We do not feel this one-time error in judgment and behavior, albeit highly egregious, rises to that level.". (Law.com)
TQS ruling sends dangerous message' Jun 28, 2008
CRTC commissioner Michel Morin issued a dissenting opinion to the ruling, saying he wanted to disassociate himself from the decision because the regulator is sending a dangerous message to other players in the system. Other networks allocate an average of 23 per cent of their programming costs to news, while Remstar will spend less than 7 per cent, he said. (ReportonBusiness.com)
DC Gun Ban Overturned By Supreme Court Jun 27, 2008
Justice John Paul Stevens wrote the dissenting opinion ... "Justice John Paul Stevens wrote the dissenting opinion. He wrote the majority "would have us believe that over 200 years ago, the Framers made a choice to limit the tools available to elected officials wishing to regulate civilian uses of weapons. (Townhall.com)
LETTERS: NCT, June 26, 2008 Jun 27, 2008
" (Leon Harris and Sen. Barack Obama, Forum Sponsored By ABC And Politico.Com, Washington, DC, 2/12/08) (UNQUOTE)Enough? ANN is the Princess wrote on Jun 26, 2008 3:35 PM:Ann Coulter is the greatest! She is so very clever with her use of satire and sylogisms. I can hardly wait for her next book to come out. She does well thinking on her feet too. She can usually think of a witty response to questions or comments. WOW! GO GIRL! Apollo wrote on Jun 26, 2008 3:36 PM:Re: Bill Lane (letter)Bill warns... (North County Times)
Coming next after gun ruling in the United States, court skirmishes in cities Jun 27, 2008
In addition to Chicago, as Justice Stephen Breyer wrote in a dissenting opinion, several of its suburbs in Illinois, including Evanston, Morton Grove, Oak Park, Winnetka and Wilmette, ban the possession of handguns in many settings. Toledo, Ohio, bans some kinds of handguns, Breyer wrote, and San Francisco would have a similar ban had it not been pre-empted by state law. (International Herald Tribune)
U.S. justices rule for individual gun rights Jun 27, 2008
In a dissenting opinion, Justice John Paul Stevens took vigorous issue with Scalia's assertion that it was the Second Amendment that had enshrined the individual right to own a gun. Rather, it was "today's law-changing decision" that bestowed the right and created "a dramatic upheaval in the law," Stevens said in a dissent joined by Justices David H. Souter, Ruth Bader Ginsburg and Stephen Breyer. (International Herald Tribune)
Supreme Court affirms gun rights Jun 27, 2008
"I fear that the District's policy choice may well be just the first of an unknown number of dominoes to be knocked off the table," Stevens wrote in his dissenting opinion. Scalia stressed that the decision, though historic, was narrow and its practical effects limited. (Los Angeles Times)
Court makes electric rate challenge difficult Jun 27, 2008
In a dissenting opinion, Justice John Paul Stevens said that both the commission and the court majority have construed the federal regulators authority too narrowly, setting up a rigid standard that Congress did not intend. Justice David Souter also dissented. (Longview Daily News, WA)
Gabe's View: Battle Over Guns Jun 27, 2008
In a dissenting opinion, wrote that there simply is no untouchable constitutional right guaranteed by the Second Amerdment to keep loaded handguns in the house in crime-ridden areas. . (WNBC.com, NY)
Court upholds individual right to own guns Jun 27, 2008
"But the enshrinement of constitutional rights necessarily takes certain policy choices off the table," he said, adding: "It is not the role of this court to pronounce the Second Amendment extinct."Scalia's opinion was signed by Chief Justice John G. Roberts Jr. and by Justices Anthony M. Kennedy, Clarence Thomas and Samuel A. Alito Jr.In a dissenting opinion, Justice John Paul Stevens took vigorous issue with Scalia's assertion that it was the Second Amendment that had enshrined the individual... (News & Observer)
Supreme Court Rejects Death Penalty for Child Rape Jun 26, 2008
In a dissenting opinion, Justice sharply disputed this conclusion. He said that because many judges and lawyers had interpreted the 1977 Coker decision as barring capital punishment for any rape, state legislatures have operated under the ominous shadow of that decision and thus have not been free to express their own understanding of our society s standards of decency. (New York Times)
REGION: Keep the code Jun 26, 2008
One commissioner, Timothy Simon, raised a similar concern in a dissenting opinion he wrote following the commission's decision. "When I met with parties on both sides of the debate, the singularly resonant message that I heard was: 'Whatever you do, just let me keep my 760 area code!' " wrote Simon, the only commissioner who voted against the change. (North County Times)
Exxon Valdez ruling cuts payment to Oregon fishermen Jun 26, 2008
In a dissenting opinion, Justice John Paul Stevens said the original $5 billion award should have been upheld. CONTINUED 1. (OregonLive, OR -- News)
Historic US rape ruling Jun 26, 2008
In a dissenting opinion, justice Samuel Alito and backed by Chief Justice John Roberts and justices Antonin Scalia and Clarence Thomas, denounced the decision as too "sweeping.". The Supreme Court was banning the death penalty "no matter how young the child, no matter how many times the child is raped, no matter how many children the perpetrator rapes, no matter how sadistic the crime," Alito wrote. (iAfrica.com)
Missouri Supreme Court ruling upholds midwifery bill Jun 25, 2008
In his dissenting opinion, Judge William Ray Price Jr. held that the physician associations have standing and that including the midwifery provision in the health insurance bill violates the clear title and single subject requirements of the state constitution, so the midwifery provision should be removed from the bill. Tuesday's ruling is subject to modification until the court has ruled on the parties' motions for rehearing, if any, and becomes final when the court issues its mandate. (Bizjournals.com)
Survey finds most Christians accept theirs may not be the only path to salvation Jun 25, 2008
Re Phil OBates wrote on Jun 24, 2008 3:30 PM:" There is sort of a "crossover" discussion here and on the faith blog. Michael, I think if you re-read the post by POB over there, he wasn't saying that atheists would benefit from a theist meeting, but not vice-versa. Not at all. I think he was merely stating that the Bible study as a whole would benefit from someone who holds a sincerely-felt dissenting opinion. The idea being that theists can be challenged(in a good way) by atheists. My point has... (La Crosse Tribune, WI)
How Congress Can Keep Us Safe from Court Jun 24, 2008
As Justice Scalia wrote in his dissenting opinion, What competence does the court have to second-guess the judgment of Congress and the President on such a point. None whatever. (Human Events Online)
Supreme Court rules in favor of laid off KAPL workers Jun 22, 2008
Justice Clarence Thomas wrote the dissenting opinion. In 2006, a federal court ruled in favor of KAPL, based in Niskayuna, and its parent, , in dismissing the $6 million class action lawsuit that claimed employees laid off in 1995 were discriminated against. (Albany Business Review, NY)
Florida judge rules in Gatlin's favor Jun 22, 2008
Christopher L. Campbell, in a dissenting opinion, called it "blatant discrimination."If Gatlin's suspension stands, the Florida judge wrote, "the country, indeed the world, would be wrongfully excluded from watching one of its great athletes perform."When CAS rejected Gatlin's appeal, CAS secretary general Matthieu Reeb said the only legal option he knew of for the sprinter was to go before the Swiss Federal Tribunal, an appeal provided by Swiss law because CAS is based in Switzerland. The U.S.... (News & Observer -- Sports)
Homer initiative on big box stores invalid Jun 21, 2008
Supreme Court Justice Walter Carpeneti said in a dissenting opinion that under the Alaska Constitution voter initiatives are beyond the scope of procedures regulating regular lawmaking. "In sum, the initiative process is unique," Carpeneti wrote. (Anchorage Daily News)
Judge says sprinter Gatlin should run at trials Jun 21, 2008
Christopher L. Campbell, in a dissenting opinion, called it "blatant discrimination.". If Gatlin's suspension stands, the Florida judge wrote, "the country, indeed the world, would be wrongfully excluded from watching one of its great athletes perform.". (SportsIllustrated.CNN)
U.S. Sen. Jeff Sessions says Supreme Court has no right to rule on Guantanamo detainees Jun 19, 2008
Sessions instead sided with the dissenting opinion of the minority. "Chief Justice (John) Roberts basically said it was an activist decision," Sessions said. (AL.com)
REGION: Hold the rice, say protesters Jun 18, 2008
Plutner noted that one state Supreme Court judge wrote in a dissenting opinion that the majority of the court had overstepped its bounds in calling unconstitutional the 2000 California voter-approved Proposition 22, which had defined marriage as between a man and a woman. Brian Brown, executive director of the National Organization of Marriage, a nonprofit resource for marriage-related initiatives opposing same-sex marriage, stressed that his group and the proposed amendment it supports was not... (North County Times)
'Extremist' family behind Tories' Khadr policy Jun 18, 2008
"This is a question that has far-reaching implications for our country's stance on terrorism," says a "dissenting opinion" to opposition-led recommendations for Canada to "demand" Toronto-born Khadr's release from Guantanamo Bay. Font. (Canada.com)
Khadr report tabled in Ottawa Jun 18, 2008
In their dissenting opinion, the Conservative members accuse the Liberal opposition of simply reacting to a recent sway in public opinion and the potential for political gain ... The dissenting opinion also provides more insight on the government's deep opposition to bringing Mr. Khadr home Conservative members usually respond to questions about the detained Canadian with one or more of a handful of pre-approved talking points ... Mr. Khadr could become a litmus test on Canada's commitment to... (Globe and Mail -- National)
Rockies pining for instant replay Jun 14, 2008
" None of the Rockies' players interviewed felt replay was a bad idea. Helton said it would probably be smart to wait until next year, but having it would be better than not. The closest to a dissenting opinion was, well, not that close. "If we have it, great, if we don't, great," outfielder Brad Hawpe said. "You've still got to hit the ball. Honestly, I guess foul or fair is different, but if you get a double, it's supposed to be a double and if you get a homer, it's meant to be a homer. (MLB.com -- Colorado Rockies)
McCain blasts ruling on Guantanamo - Boston Globe Jun 14, 2008
McCain then read approvingly from the dissenting opinion written by Chief Justice John G. Roberts - whom McCain cites as a model for his appointees should he become president - and scolded Obama for siding with the court's liberal bloc. "Senator Obama applauds this decision, and he supports it," McCain said. (Nogales International, AZ)
Editor’s Mailbag (June 6) Jun 13, 2008
Roger wrote on Jun 8, 2008 4:38 AM:" Mr Anderer: Why do you hold Mr McClelland in such high regard? What gives him the credentials for being a reputable writer?He is another in a long list of those who have hung onto coattails of others going to Washington, got his fame because of somebody else, then leave and choose to write books expressing a dissenting opinion. Why? All for the sake of money? Mr McClelland has demonstrated himself to be a hypocrite and a man who has sold his soul out to the... (Albany Democrat-Herald, OR)
18 comments Jun 13, 2008
In his dissenting opinion, Justice Scalia said the decision will make the war harder on us and will almost certainly cause more Americans to die. Way to go USSC. (Human Events Online)
Top US court deals Bush blow on Guantanamo prisoners Jun 13, 2008
In a dissenting opinion, Chief Justice John Roberts said Congress's attempt "to balance the security of the American people with the detainees' liberty interests has been unceremoniously brushed aside.". Dissenting justice Antonin Scalia went further, writing that "America is at war with radical Islamists" and that the decision "will almost certainly cause more Americans to be killed.". (Yahoo! Asia News)
Gatlin sues in effort to compete at trials Jun 10, 2008
Christopher L. Campbell, in a dissenting opinion, called it blatant discrimination. . (MSNBC -- Sports)
Escapee sentence may get 2nd look Jun 10, 2008
In a dissenting opinion, the judge said the two rapes in the bedroom should be considered one. But the issue that sent the case back to the trial courts for resentencing was whether Midyette abused a relationship of trust and confidence when he attacked his victim. (News & Observer)
REGION: Code war -- Leucadia man launches drive to keep 760 Jun 6, 2008
In a written dissenting opinion, Commissioner Timothy Simon referred to the presentation of alternatives to the public as "pandering to the misguided belief of residents that they will retain the incumbent 760 area code." ... For businesses, a new area code means new business cards, reprinting advertisements and contacting important clients and customers, which Simon noted in his dissenting opinion. (North County Times)
What makes a hit show? Jun 6, 2008
However, CRTC commissioner Michel Morin issued a dissenting opinion to the report, arguing that Quebecor Inc. should be allowed to opt out of the CTF to build its own proposed fund. Mr. Morin said a "three-year trial period" would have allowed the CRTC to see whether a funding formula put forward by the Montreal-based company would benefit Quebec broadcasting, since the money would be targeted at French programming. (Globe and Mail -- Entertainment)
CRTC proposes splitting TV fund Jun 6, 2008
CRTC Commissioner Michel Morin issued a dissenting opinion to the report, arguing that Quebecor Inc., owner of Vid. otron, should be allowed to opt out of the CTF to build its own fund, which the company had proposed. (Globe and Mail)
The Thursday Inside Scoop Jun 6, 2008
We talked about Stevens for four hours Monday, and there wasn't one dissenting opinion. " On The Bus e DormsOregonianBy the time the bus arrived in Union soon after midnight Friday, completing a 720-mile round trip, the coaches and players on Union's softball team were exhausted.But the Bobcats -- who won the OSAA Class 2A/1A title Friday afternoon in Corvallis -- got a jolt from a champions' welcome in their hometown, located about 15 miles southeast of La Grande in northeastern Oregon.The... (Oregon Sports -- Rivals.com)
Let voters, not judges, decide same-sex marriage Jun 5, 2008
However, in the dissenting opinion, Associate Justice Marvin Baxter wrote that although he agrees with some of the majority's conclusions, the court was overstepping its bounds in striking down the ban. Instead, he wrote, the issue should be left to the voters. (Chetek Alert, WI)
High Court Offers Clinic On Money Laundering Jun 4, 2008
As Alito noted in a dissenting opinion, "The term is a staple of money laundering laws, and it is instructive that in every single one of these provisions in which the term 'proceeds' is defined--and there are many--the law specifies that 'proceeds' means 'the total amount brought in.' ". As Alito sees it, the interpretation introduces a lot of needless frustrations to government attempts to crack down on criminal enterprises. (Forbes -- Business)
For Better or Worse May 31, 2008
The dissenting opinion, Volokh suggests, relies primarily on the notion that the social workers ought to be pardoned in their failure to provide substantial evidence, because the YZR made no efforts to be transparent about their practices, even lying at times. At the same time, he points out that previous abuse in a community does not necessarily mean that all children in that community are being abused: "A particular girl's mere presence in a community that tolerates this sort of behavior, it... (Slate)
Court: Sect Kids Must Be Returned Home May 30, 2008
Read the majority opinion Read the dissenting opinion. The ruling shatters one of the largest child-custody cases in U.S. history. (CBS News)
Ark court tosses out death penalty in slaying over card game May 30, 2008
In a dissenting opinion, one justice said that a civil lawsuit, not violence, is the preferred way to recover money ... In another dissenting opinion, Associate Justice Tom Glaze wrote that the question of whether Daniels was trying to recover a gambling debt should have been left up to the jury. (Pine Bluff Commercial, AR)
Cleveland wins ruling on residency requirement May 24, 2008
"Conditions of public employment, such as residency requirements, are within the General Assembly's authority to regulate," Calabrese wrote in a dissenting opinion. He added: "Overturning a trial court and finding a statute to be unconstitutional is an extreme remedy. I do not believe the evidence in the case rises to the level of unconstitutionality.". (Cleveland.com)
California’s Marriage Conundrum May 23, 2008
The court s dissenting opinion bluntly denounced the majority s ruling as a profound error that violates the separation of powers. Justice Marvin Baxter wrote in his dissenting opinion that the court does not have the right to erase, then recast, the age-old definition of marriage, as virtually all societies have understood it, in order to satisfy its own contemporary notions of equality and justice; A bare majority of this court, not satisfied with the pace of democratic change, now abruptly... (Human Events Online)
Pickens Fires Up Oil Traders, Stocks Tumble May 21, 2008
Former Federal Reserve chief Alan Greenspan sounded a dissenting opinion, suggesting oil may be in the midst of a speculative bubble, according to , but Pickens' opinion was clearly more popular Tuesday. Crude added $2. (Forbes -- Markets)
Suit filed by teachers arrested at Bush rally goes to trial May 20, 2008
Authorities have said the women were arrested because they refused to obey reasonable security restrictions at the rally, but they claim they were taken into custody because they had a dissenting opinion from the Bush administration. Nelson, a retired middle school history and government teacher, said she showed up at the Cedar Rapids rally with a Kerry-Edwards button pinned on her T-shirt. (Sioux City Journal, IO)
Bee explains timing of bill to ban gay marriage in AZ May 20, 2008
gon south wrote on May 17, 2008 11:54 PM:" Typical liberal response, try to discredit the person with the dissenting opinion so you dont have to continue the discussion. Im not surprised. As a matter of fact, my family member's friends told him his family would disown him when he came out, we didnt, and he and his friends were shocked. He knows how we fell about homosexuality and we know where he stands. There is no hatred, judgment or hostility. So guess what, all you angry... (Sierra Vista Herald, AZ)
COURT OPINION: Read the rulingss May 20, 2008
Kennedy, J., filed a dissenting opinion, in which Alito, J., joined. Alito, J., filed a dissenting opinion ... Putting to one side cases in which a State may create a "market that did not previously exist," see Hughes v. Alexandria Scrap Corp., (1976) (Stevens, J., concurring), I agree with Justice Powell's view that when a "State enters the private market and operates a commercial enterprise for the advantage of its private citizens, it may not evade the constitutional policy against economic... (USA Today -- Money)
Kiss and Make Up May 18, 2008
George tells the LAT that he considered it a civil rights issue on par with interracial marriage and was pleased that the dissenting opinion wasn't "homophobic.". Survivors of last week's earthquake in China's Sichuan province are now , reports the NYT. The paper reports that thousands of survivors are fleeing temporary shelters after the government warned that rivers and lakes could flood due to landslide blockages. (Slate)
California Supremes Order Homosexual Marriage Will Citizens Submit? May 17, 2008
Justice Marvin R. Baxter, joined by Justice Ming W. Chin, called the ruling a startling act of legal jujitsu that oversteps judicial power in his concurring and dissenting opinion. I cannot join the majoritys holding that the California Constitution gives same-sex couples a right to marry. (Townhall.com)
Postville plant has record of violations, reprimands May 17, 2008
However, Circuit Judge Brett Kavanaugh said in a dissenting opinion that the undocumented immigrants shouldn't be considered employees because the immigration reform act essentially made it illegal for employers to hire undocumented workers. Problem history. (Waterloo-Cedar Falls Courier)
How the court voted May 16, 2008
He is considered a conservative and wrote a dissenting opinion that accused the court of substituting "its own social policy views for those expressed by the people." ... He is considered a conservative and joined Baxter's dissenting opinion. (San Francisco Chronicle -- Politics)
Debra Saunders: Ambivalent over ruling May 16, 2008
But I have to agree with Justice Marvin Baxter's dissenting opinion that the court "does not have the right to erase, then recast, the age-old definition of marriage, as virtually all societies have understood it, in order to satisfy its own contemporary notions of equality and justice.". What next. (San Francisco Chronicle -- Politics)
Call to drop all charges against Binayak Sen May 15, 2008
The misuse of the anti-terrorist legislation by the government against human rights activists to suppress the voice of dissenting opinion had become a threat to the people of Chhattisgarh and to Indian democracy, the memorandum said. The arrest of independent filmmaker Ajay T.G. on May 5 on similar flimsy and vague charges exposed the government s intention to gag human rights organisations and prevent all criticism of its policies and actions, the activists said. (Hindu)
County board says signs too big May 9, 2008
AnnieO wrote on May 8, 2008 8:25 AM:" O-O-O-h-h somewubby out dere doan wike a dissenting opinion. I'll simplify it for ya sugar... THE SIGNS ARE POLITICAL....Therefore they are exempt as CA Miller opines on election signage. Although we should be wary 'cause his opinion track record isn't so good. You don't have to have a law degree, ya just gotta be able to r-e-a-d and c-o-m-p-r-e-h-e-n-d. There I spelled it slow for you so you could continue in your state of being clear. Mr. Miller and the... (Sioux City Journal, IO)
Having Sex With Your Entree? Not So Fast, Says Court May 6, 2008
In her dissenting opinion, Friedman argued that in Club Kama Sutra's case, sexual activity is a form of entertainment for the patrons who engage in it and can therefore be considered akin to other disparate but permissible forms of entertainment like off-track betting and karaoke. Friedman also wrote that she believed MAJ had exercised due diligence by seeking advice from the Department of Licenses & Inspections once it realized, a year after opening, that it was not allowed to operate a sex... (Law.com)
Voter ID ruling underscores Nov. stakes May 2, 2008
Many Democrats had considered Stevens a hero, partly for his opposition to the death penalty and partly for his unusually harsh dissenting opinion in the courts 5-4 Bush v. Gore decision, which essentially handed the 2000 election to President Bush. "I was very deeply disappointed with Justice Stevens," said Sen. (MSNBC -- Politics)
US top court rules states can demand voter ID May 2, 2008
" But in a dissenting opinion, Justice David Souter said Indiana's law was unconstitutional as it "threatens to impose non-trivial burdens on the voting right of tens of thousands of the state's citizens, and a significant percentage of those individuals are likely to be deterred from voting. " The case had been brought by the Democratic Party and civil rights groups, which argued that the risk of fraud came more from inflated voters lists and irregularities via postal votes, two issues not... (Yahoo News -- Politics)
The Peak Oil Debate Apr 19, 2008
An Overview of Dissenting Opinion. Several organizations, researchers and analysts disagree with the idea that world oil production is approaching a terminal decline. (Suite101.com)
Virginia High Court Rules on Police Searches Apr 19, 2008
Justice Donald W. Lemons said in a dissenting opinion that the majority seemed to be demanding clear and convincing evidence rather than probable cause ... Senior Justice Harry L. Carrico wrote in a dissenting opinion that Worsham's previous experience at the house, which the officer had related to Thompson, justified the search. (WTVR.com, VA)
Capital injustice Apr 18, 2008
Stevens has accurately sketched out the arbitrariness of the death penalty, as shown by the case that occasioned his dissenting opinion. The court decided Wednesday that lethal injection, as used in Kentucky, was constitutional, but surrounded the decision with such uncertainty that appeals of many capital cases are inevitable. (Boston Globe)
Executives may be held liable for taxes even after bankruptcy Apr 18, 2008
But Justice Andrew Hurwitz, writing the dissenting opinion, said his colleagues were misreading the Tax Code. He said the only way to logically interpret the statutes is to conclude that the only person who can break the law by failing to remit the taxes is the taxpayer. (AZCentral -- Business)
COLUMN: When did it become acceptable to rankle and demean one another simply because we disagree? Apr 18, 2008
We do a disservice to ourselves when we refuse to hear a dissenting opinion. We relegate ourselves to close-mindedness when we disallow any information about an opposing view. (Winchester Star, MA, MA)
Dear Editor: Sack lunches signal real recession Apr 17, 2008
I was told that my handing out a dissenting opinion was illegal. And I was also verbally assaulted by members of the school board. (Heber Springs Sun-Times, AR)
Top U.S. court upholds lethal injection for executions Apr 17, 2008
In fact, Justice Ruth Bader Ginsburg, in a dissenting opinion, listed several of these states and described the extra steps they have taken, to show that Kentucky could and should be required to do a better job. The states she named were Alabama, California, Florida, Indiana and Missouri. (International Herald Tribune)
Reversal Could Spell $200 Million Win for Aetna Apr 15, 2008
In his concurring and dissenting opinion, Judge Richard B. Klein agreed with the majority's opinion that previous claims against Aetna could not be lumped together with the 2000 claim but said he believed summary judgment would be "premature" without first conducting apportionment of damages between "claims of liability of Aetna for its own conduct (which is not covered by the policy)" and apportionment between the RICO [Racketeer Influenced and Corrupt Organizations] claims (covered). and the... (Law.com)
