Even the Mighty Fail

This is a few weeks old, but I just ran across this item about the former dean of Stanford Law School, Kathleen Sullivan, not passing the California Bar Exam. Also noted in this report is the fact that it took former California Governor Pete Wilson four times to pass the Bar, and current mayor of Los Angeles, Antonio Villaragosa, never did pass.

Happy New Year!

And go 'SC! Beat the Cows!

Hey There

Been kind of ill the past couple of weeks, and well, I just haven't been much inspired to blog about anything. Hopefully, things will change after the new year.

Remember, Remember, the 5th of November

While surfing around The Matrix website, I discovered that the Wachowski brothers are coming out with a new movie next year called V for Vendetta.

At first, when I saw some information about who Guy Fawkes was, I thought this movie was about the Gunpowder Plot. Turns out, it's a fictional story about a masked freedom fighter, played by Hugo Weaver (aka Agent Smith in The Matrix movies) who resists the forces of totalitarianism in futuristic Britain. The mask this freedom fighter wears is apparently the face of Guy Fawkes.

V for Vendetta looks like an entertaining movie, but I'd personally be more intrigued if it was about the failed plan to free persecuted Catholics in Protestant Britain.

From the Heart of Mormonism to the Heart of Hedonism

The new Archbishop of San Francisco is George Niederauer. I hope I'm wrong, but I have a feeling he's a Cardinal Mahoney clone.

Father Niederauer’s first priestly assignment was as assistant pastor at Our Lady of the Assumption Parish, Claremont. In 1966, he completed a Doctor of Philosophy degree in English Literature from the University of Southern California, Los Angeles.

From 1972-1994, he served as spiritual director at St. John’s Seminary in Camarillo. During those years he was also an instructor in Spiritual Theology. From 1987-1992, he served as rector of the seminary. From 1992-1994, he co-directed the Cardinal Manning House of Prayer for priests in Los Angeles.

Not Just for "Old" Guys

After a few years of "thinking about it," I finally got around to joining the Knights of Columbus. Since it seems as though I'm the only attorney in my local Council, I'm sort of curious to know whether there are very many lawyers who are Knights.

Initial Impression: Not Good

Ahnuld taps Carol Corrigan, an apparent RINO and CINO, to replace Janice Rogers Brown on the California Supreme Court.

Corrigan has long been active in the Roman Catholic Church and in Catholic charities. In response to questions, she said the church's views on such issues as abortion and homosexuality may not necessarily reflect her beliefs, nor would she ever permit her religion to influence her legal decisions.

"I was raised to believe that everybody has an obligation to inform their own conscience, and that is my understanding of the Catholic tradition as well," she said.

"Judges," she added, "should not impose their privately held views on the body politic."

If Only They Were Allowed to Marry

Another school teacher is criminally charged for sexually molesting students.

Totus Tuus

Today is the Solemnity of the Immaculate Conception. Did you remember to go to Mass?

How About Narnia?

You know the part of the Mass where intercessory prayers are requested of the congregation and the response "Lord, hear our prayer" is said? Over the past couple of weeks at the parish I have been attending since permanently moving to the OC, prayers have been requested for the peoples of war ravaged countries around the world. Specifically pointed out were Iraq, Afghanistan, Israel and...Palestine.

Palestine?!

Either someone at this parish is in dire need of a geography lesson, or worse, he or she is politicizing the Mass.

Back in the Blogging Saddle

I just finished my first real trial and we won. The case involved the dissolution of a business partnership in a small restaurant that never made any money, and I was part of counsel for defendants.

Although I didn't try the case alone, I think I probably could have and still won given that plaintiff's counsel did just about everything you shouldn't do in a case that has gone to trial. First and foremost, call the court if you think you're going to be late. In an age where cell phones are as common as traffic jams in Southern California, there really is no excuse for not informing the court that you aren't going to make the designated trial time.

Second, don't list a witness and call that person to the stand if you've never talked to him or her before, and have no idea what he or she is going to say. On two separate occasions, with the same witness, plaintiff's counsel was chewed out by the presiding judge for conducting an examination that was really a deposition. (Depositions are conducted during the discovery phase of litigation, not trial).

Last, if you're arguing that your client is entitled to money, give a specific dollar amount. If you don't, and you have a winning argument (which wasn't the case here), the judge or jury just may give you what you're asking for: nothing.

Heading to Trial

Unless the party who is suing my client has a miraculous change of heart and drops her case, it looks like I'm going to have my first court trial in about 2 weeks. So blogging will be lighter than normal (heh).

I read somewhere (probably from PS Bradley) that there basically two reasons why a civil lawsuit makes it to trial: one side either doesn't know the facts of the case or they have miscalculated. The latter seems to be the situation in the matter I'm involved in to the extent that opposing counsel just doesn't seem to know what the applicable law is.

Pass the Kool-Aid

In the course of chronicling the brewing controversy over the possible moving of Ave Maria Law School from Michigan to Florida, Naomi Schaefer Riley proceeds to not so subtly insult "conservative" Catholics. She, as well as her headline writer at the Wall Street Journal, does this by describing, via an unnamed Ave Maria faculty member, Tom Monaghan's planned Ave Maria Town as a "Catholic Jonestown." So much for substantive debate, I guess.

Initiative Voting

Here's how I'm voting in tomorrow's special election here in California:

Props. 73 to 77 - Yes
Props. 78 to 80 - No

"Happy" 400

If you're a Protestant Brit, today is Guy Fawkes Day a.k.a. lame excuse to express hatred toward Catholicism.

My New Hobby

Tracking down where every member of the North Torrance High School Class of 1987 is today (or as of the end of 2007). It'll be tough, if not impossible, but I'm gonna try to do this without spending any money.

Birth Choice

More information about them here. A worthwhile organization that I personally hope to be more involved with.

It Was 25 Years Ago Yesterday

That Ronald Reagan was first elected President of the United States. Even though I was only 11 at the time, I can recall rooting real hard for him to beat the peanut farmer who had fat brother who always seemed to be drunk.

Time After Time

I really hate it when I arrive someplace at the wrong time because I didn't realize we were supposed to change our clocks the night before. Today, I had intended to go to the 9:30 a.m. Mass, but when I got to the church, I found myself in the middle of the homily of the 8:00 a.m. Mass. D'oh!

Mr. Sulu Comes Out

And get this, he likens the desire to have intercourse with a member of the same sex with race. What a shocker!

In other earth shattering news today, scientists have determined that water is wet.

What the..?!

I had a motion hearing today where the judge basically advised opposing counsel to request sanctions. The amount of money imposed on me (or my firm) doesn't justify taking the judge up on appeal, but geez!!

Hittin' Below the Mendoza Line

I don't know what it is, but I've been on a bit of losing streak lately on motions before the court. The frustrating part is that on at least two occasions, the opposing side seemed pretty resigned to not winning. I thought my boss was exagerating at the time, but his consistent complaint about judges being unpredictable, capricious and arbitrary is starting to ring truer with me every day.

It's Not a "Witch Hunt" if There are "Witches"

Michael Rose on the Lavender Mafia, the upcoming seminary visits by the Vatican, and the yet to be released document that supposedly bars men with homosexual tendencies from the priesthood.

Several years ago, Father Donald Cozzens, then rector of a Cleveland seminary, wrote that many seminary faculties included a disproportionate number of homosexuals. In his book, The Changing Face of the Priesthood, he commented that "straight men in a predominantly or significantly gay environment commonly experience self doubt."

In my own study of seminary life over the past three decades, I have found that many heterosexual men give up their seminary studies precisely for this reason, leaving behind a student body gradually swollen with homosexuals. I'm not talking about the presence of a few gay-oriented men who want to live chastely, but rather the institutionalization of a gay subculture that has earned some seminaries nicknames such as the Pink Palace, Notre Flame, and Theological Closet.

One aspect of this gay subculture of both priests and seminarians is that too many men who want to be chaste, whether gay or straight, are propositioned, harassed or even molested – occurrences that are more common than one might think. This doesn't aid the moral and spiritual development of the church's future clergy. Rather, it fosters a pathological pattern of living.

This is not simply about homosexuality or homosexual acts. It's about an agenda and subculture that systematically undermine celibacy, a state to which the Roman Catholic priest is called. This gay subculture is also in direct conflict with the teachings of the church. Those involved are promoting this conflict and escalating the problem.

Another Year, Same Result

USC 34 Notre Dame 31. I love it when 'SC sticks it to the Domers.

If You Say It Isn't Prohibited, That Means You're For it?

As far as I'm aware, there is no formal prohibition in the Church against people holding hands during the "Our Father" section of the Mass. Does that then mean the Church endorses, or even encourages, hand holding during the "Our Father?" I'd like to think that most rational thinkig people would say no.

Extending the application of this reasoning to, say, torture, does coming to and making the legal conclusion that the Geneva Human Rights Accords do not protect members of al Qaeda mean that you endorse, or even encourage, torturing captured terrorists? You'd think most rational thinking people would say no, but even they have their spots of complete insanity. For someone like the normally sober Mark Shea, said spot of insanity has caused him to start recklessly accusing certain Republicans of advocating torture simply because they voted against attaching what is clearly a self-serving/showboating "anti-torture" amendment to a military appropiations bill.

Someone needs to get a grip, and it sure 'aint me.

OC Red Mass

When: October 19, 2005 @ 6pm
Where: Holy Family Cathedral - 566 South Glassell in the City of Orange

Limited or Unlimited?

Never thought I'd ever see the day where I'd get all emotionally worked up about a motion to reclassify a case from Limited to Unlimited Jurisdiction. In lawyerese speak, the former are cases allegedly valued at less than $25,000 while the latter are in excess of $25,000.

Law School Daze

I'm no fan of the Harriet Miers nomination, but dismissing her qualifications to serve as a SCOTUS Justice simply because she didn't graduate from an elite (i.e., "Top 20") law school is just, I don't know, weak. In fact, some prominent conservative commentators who have been making an issue out of where Ms. Miers got her Juris Doctor from are looking downright foolish. Take, for example, Ann Coulter, who in her most recent article takes a thinly veiled swipe at the intellectual prowess of Ms. Miers by pointing out that she graduated from Southern Methodist University School of Law, "which is not ranked at all by the serious law school reports and ranked No. 52 by US News and World Report."

Coulter goes on to write that "if we're looking for lawyers with giant brains to memorize obscure legal cases and to compose clearly reasoned opinions about ERISA pre-emption, the doctrine of equivalents in patent law, limitation of liability in admiralty, and supplemental jurisdiction under Section 1367 — I think we want the nerd from an elite law school."

Compare Coulter's not so subtle put-down of "undistinguished" (her word) schools like SMU Law with the following excerpt she wrote a whole month and a half ago about the nomination of John Roberts to the SCOTUS.

Like John Roberts, Souter attended church regularly. Souter was also touted for his great intellect. He went to Harvard! And Harvard Law! (Since when does that impress right-wingers? So did Larry Tribe. It is one of the eternal mysteries of the world that liberals are good test-takers.)

Kind of makes your head spin, doesn't it? I mean, talk about your double standards! Who cares where John Roberts went to law school, but can you believe where Harriet Miers' law school is ranked? (BTW, SMU Law is tied for number 52 with the school that Priscilla Owens, a conservative favorite who had been rumored to be on Bush's list of SCOTUS nominees, graduated from: Baylor University Law).

There are a lot of reasons for why the nomination of Harriet Miers to the SCOTUS is bad; primary of which is the fact that she has no discernable judicial record from which to guage how she will rule once confirmed. We don't need another David Souter, much less another Sandra Day O'Connor. However, questioning Miers' qualifications for the SCOTUS because she didn't graduate from an elite school is, well, elitist. It's also not very credible when you consider that quite a few of the other folks that conservatives would have been perfectly happy to see nominated (e.g., Owens, Karen Williams, Alice Batchelder, William Pryor, and even Sen. Sam Brownback [I think Feddie at Southern Appeal once threw his name out there]) didn't graduate from any of the so-called cream of the crop law schools.

Addendum: Although she's been all over the map on whether the law school a SCOTUS nominees graduates from makes a difference, Ann Coulter has at least been consistent in opposing the confirmation of both John Roberts and Harriet Miers.

Trust Me?

With regard to the selection of Harriet Miers to the SCOTUS, Mr. President, that just isn't going to work with me. I trusted you to select a known judicial conservative, not someone who we have to hope is one and will remain so once she gets confirmed to the Court -- for life.

Like what Monica Lewinsky did to Bill Clinton, Dubya blew this selection big time.

Wonder if the Responsorials Were Sung by a Wannabe Burt Bacharach

Via Amy Welborn, some pics of very important people who attended the annual Red Mass in DC today.

By coincidence, today I went to Mass at a parish in Irvine that is named after St. Thomas More, the patron saint of attorneys and politicians. It was my first time at this parish, and although there wasn't any mention of the DC Red Mass, I did get to hear, uh, an interesting piano rendition of the Gloria. I swear, at times I thought I was at a nightclub or piano bar. And the chatter that was going on just before Mass...UGH!!

Crisis Averted...For Now

The Governator vetoes the California Legislature's attempt to thwart the will of the people and create a monster called "gay marriage."

Schwarzenegger said the bill by Assemblyman Mark Leno, D-San Francisco, contradicted Proposition 22 (search), which was approved by voters in 2000 and said only a marriage between a man and woman is valid.

The governor said the state Constitution barred the Legislature from enacting a law allowing gay marriage without another vote of the people and Leno's bill wouldn't provide for that vote.

Schwarzenegger noted that a state appeals court was considering whether the state's ban on gay marriage was constitutional and that the issue would likely be decided by the California Supreme Court.

A "ban" on "gay marriage?" C'mon AP, get it right! People of the same sex can "marry" one another. The state just won't recognize it. And as long as it's to a person of the opposite sex, gays can legally marry.

Is Hillary Toast?

The decision by Hillary Clinton to vote against the confirmation of John Roberts as Chief Justice reflects a belief on her part that any nominee to the Federal Judiciary, and the Supreme Court in particular, must first pass a political litmus test, e.g., abortion must remain a constitutional right. With such enthrallment to judicial activism, I think Hillary has just kissed whatever shot she had at becoming the next President goodbye.

Good to Know, Tyra

I knew there was a reason why she and Chris "I thought we had one more time out" Webber made a great couple. (Are they still dating?) link via Stuck on Stupid

Gutless

The decision by the California Medical Association to pull its legal brief in support of two doctors who, on religious grounds, refused to provide artificial insemination treatment to a self-identified lesbian is sheer cowardice. When I worked for the Pacific Justice Institute a couple of years ago, I believe this is the case that I once drafted an amicus brief for at the request of the attorney for the doctors. If I'm not mistaken, the clinic that these doctors are with actually went out of its way to find a doctor to perform the treatment the woman wanted at no additional cost. In view of this, it seems pretty clear that this lawsuit was brought primarily for purposes of spiting people of religious faith and judicially establishing homosexuality as a legally protected class of persons.

It's Bush's Fault!

No, not really, but you know some unhinged Bush-hater out there is gonna blast the President for this. Thanks be to God that nobody was injured.*

A JetBlue (search) airliner with faulty landing gear touched down safely Wednesday at Los Angeles International Airport (search) after circling the region for three hours with its front wheels turned sideways, unable to be retracted into the plane.

The pilot landed by balancing on the back wheels, then eased onto the front tires, which shot flames along the runway before tearing off. The metal landing gear scraped for the final yards.

*Posted while sitting in my home, which is under the flight path of planes heading into John Wayne Airport.

Aiya, Mon!

If you've ever wondered what a (presumably) first generation Chinese-Jamaican person sounds like, check out Fr. Richard Ho Lung, founder of the Missionaries of the Poor.

Specter Silliness

At today's confirmation hearing of SCOTUS nominee John Roberts, Sen. Arlen Specter (R-PA) asked Mr. Roberts the following: "Would you think that Roe [v. Wade] might be a super-duper precedent?" (emphasis added)

I must have been absent the day that this judicial standard was reviewed in law school.

Fave Songs from '87

PS Bradley has tagged me with the following meme regarding favorite and hated songs out of the top 100 list from the year you graduated. Never one to back down from a challenge, unless, you know, I can't do it, here goes.

Text Key:

Bold - Very much like
Stricken - Blech!
Plain - Agnostic

1. Walk Like An Egyptian, Bangles
2. Alone, Heart
3. Shake You Down, Gregory Abbott
4. I Wanna Dance With Somebody (Who Loves Me), Whitney Houston
5. Nothing's Gonna Stop Us Now, Starship
6. C'est La Vie, Robbie Nevil
7. Here I Go Again, Whitesnake
8. The Way It Is, Bruce Hornsby and the Range
9. Shakedown, Bob Seger
10. Livin' On A Prayer, Bon Jovi
11. La Bamba, Los Lobos
12. Everybody Have Fun Tonight, Wang Chung
13. Don't Dream It's Over, Crowded House
14. Always, Atlantic Starr
15. With Or Without You, U2
16. Looking For A New Love, Jody Watley
17. Head To Toe, Lisa Lisa and Cult Jam
18. I Think We're Alone Now, Tiffany
19. Mony Mony, Billy Idol
20. At This Moment, Billy Vera and The Beaters
21. Lady In Red, Chris De Burgh
22. Didn't We Almost Have It All, Whitney Houston
23. I Still Haven't Found What I'm Looking For, U2
24. I Want Your Sex, George Michael
25. Notorious, Duran Duran
26. Only In My Dreams, Debbie Gibson
27. (I've Had) The Time Of My Life, Bill Medley and Jennifer Warnes
28. The Next Time I Fall, Peter Cetera and Amy Grant
29. Lean On Me, Club Nouveau
30. Open Your Heart, Madonna
31. Lost In Emotion, Lisa Lisa and Cult Jam
32. (I Just) Died In Your Arms, Cutting Crew
33. Heart And Soul, T'pau
34. You Keep Me Hangin' On, Kim Wilde
35. Keep Your Hands To Yourself, Georgia Satellites
36. I Knew You Were Waiting (For Me), Aretha Franklin and George Michael
37. Control, Janet Jackson
38. Somewhere Out There, Linda Ronstadt and James Ingram
39. U Got The Look, Prince
40. Land Of Confusion, Genesis
41. Jacob's Ladder, Huey Lewis and The News
42. Who's That Girl, Madonna
43. You Got It All, Jets
44. Touch Me (I Want Your Body), Samantha Fox
45. I Just Can't Stop Loving You, Michael Jackson and Siedah Garrett
46. Causing A Commotion, Madonna
47. In Too Deep, Genesis
48. Let's Wait Awhile, Janet Jackson
49. Hip To Be Square, Huey Lewis and the News
50. Will You Still Love Me?, Chicago
51. Little Lies, Fleetwood Mac
52. Luka, Suzanne Vega
53. I Heard A Rumour, Bananarama
54. Don't Mean Nothing, Richard Marx
55. Songbird, Kenny G
56. Carrie, Europe
57. Don't Disturb This Groove, System
58. La Isla Bonita, Madonna
59. Bad, Michael Jackson
60. Sign 'O' The Times, Prince
61. Change Of Heart, Cyndi Lauper
62. Come Go With Me, Expose
63. Can't We Try, Dan Hill
64. To Be A Lover, Billy Idol
65. Mandolin Rain, Bruce Hornsby and the Range
66. Breakout, Swing Out Sister
67. Stand By Me, Ben E. King
68. Tonight, Tonight, Tonight, Genesis
69. Someday, Glass Tiger
70. When Smokey Sings, ABC
71. Casanova, Levert
72. Rhythm Is Gonna Get You, Gloria Estefan and the Miami Sound Machine
73. Rock Steady, Whispers
74. Wanted Dead Or Alive, Bon Jovi
75. Big Time, Peter Gabriel
76. The Finer Things, Steve Winwood
77. Let Me Be The One, Expose
78. Is This Love, Survivor
79. Diamonds, Herb Alpert
80. Point Of No Return, Expose
81. Big Love, Fleetwood Mac
82. Midnight Blue, Lou Gramm
83. Something So Strong, Crowded House
84. Heat Of The Night, Bryan Adams
85. Nothing's Gonna Change My Love For You, Glenn Medeiros
86. Brilliant Disguise, Bruce Springsteen
87. Just To See Her, Smokey Robinson
88. Who Will You Run Too, Heart
89. Respect Yourself, Bruce Willis
90. Cross My Broken Heart, Jets
91. Victory, Kool and The Gang
92. Don't Get Me Wrong, Pretenders
93. Doing It All For My Baby, Huey Lewis and The News
94. Right On Track, Breakfast Club
95. Ballerina Girl, Lionel Richie
96. Meet Me Half Way, Kenny Loggins
97. I've Been In Love Before, Cutting Crew
98. (You Gotta) Fight For Your Right To Party, Beastie Boys
99. Funkytown, Pseudo Echo
100. Love You Down, Ready For The World

In going through this list, I gotta say that there was a lot of crappy music in 1987. I think the only redeeming thing about this year in pop/rock music was that U2's The Joshua Tree was released.

Oh, and with regard to my bolding Debbie Gibson, it's a guilty pleasure because I had kind of thing for her back then. Not anymore, though.

Breakin' the Law, Breakin' the Law

Senator Mary Landrieu to President Bush: "I might likely have to punch him - literally." (via Relapsed Catholic)

18 U.S.C. Section 871

(a) Whoever knowingly and willfully deposits for conveyance in the mail or for a delivery from any post office or by any letter carrier any letter, paper, writing, print, missive, or document containing any threat to take the life of, to kidnap, or to inflict bodily harm upon the President of the United States, the President-elect, the Vice President or other officer next in the order of succession to the office of President of the United States, or the Vice President-elect, or knowingly and willfully otherwise makes any such threat against the President, President-elect, Vice President or other officer next in the order of succession to the office of President, or Vice President-elect, shall be fined under this title or imprisoned not more than five years, or both.

Bonus points if you can name the "arteest" who sang the above titled song.

William H. Rhenquist - Requiescat in Pace

With another SCOTUS opening for President Bush to fill, Hurricane Left-Wing Screaming Attack has just been upgraded to Level 5 and is fast approaching land.

Long Gaps of Silence

Sorry about it, but combined with work and my obsession with setting people right on the bulletin boards at a certain singles website that I actually to paid to join, I just haven't had an opportunity to post anything here. Fear not, though, my faithful 2 or 3 readers, I'm not going anywhere, and this blog will remain "active" for the indefinite future.

Underground Bishop in China Dies

The fact that Monsignor Xie was ordained in 1949 really says something about his level of commitment to the Church love of Christ. That is the year, of course, that China became a Communist state.

The bishop of Mingdong was 88 when he succumbed to leukaemia on Thursday.

Vatican Radio said that Monsignor Xie was first arrested in 1955 because of his loyalty and obedience to the Pope.

(...)

Monsignor Xie served four separate prison terms and according to the Vatican was kept under surveillance by the authorities until his death.

The Vatican praised him as a "courageous witness to Christ".

Monsignor Xie was ordained in 1949 and became a bishop 1984.

Newsweek Profiles Fanciscan U. Students

And, not surprisingly, describes them as "ultradevout" (i.e., fanatics) and some as "unapologetically judgmental" (i.e., "holier than thou" types). I especially like this "we of the elite secular media think you're a bunch of religious kooks" line:

Even under John Paul II's conservative successor, it is a stretch to say that young Catholics like these—whose numbers nationally are impossible to determine—represent the future of the church.

Is Assassination Morally Justifiable?

Amidst all the flak -- from both the Left and Right -- that Pat Robertson has been getting for suggesting that Hugo Chavez ought to be assassinated, I don't think I've actually heard or seen anyone wonder whether the assassination of a tyrant could ever be morally justified. There seems to be an almost automatic acceptance, especially among a Catholics, that assassination is always wrong. But is it?

Well, I did a little searching on the 'net and I found this illuminating article from 2001 by a priest in the Arlington Diocese who expounds a bit on what St. Thomas Aquinas once wrote about eliminating tyrants.

St. Thomas Aquinas gave the most substantial argument for tyrannicide. He based his position on his arguments for just war and capital punishment. St. Thomas concluded, "He who kills a tyrant (i.e. an usurper) to free his country is praised and rewarded" (In 2 Sentences, 44.2.2).

A tyrant by usurpation has illegitimately seized power and, therefore, is a criminal. When there are no other means available of ridding the community of the tyrant, the community may kill him. According to St. Thomas, the legitimate authority may condemn him to death using the normal course of law. However, if the normal course of law is not available (due to the actions of the tyrant), then the legitimate authority can proceed "informally" to condemn the tyrant and even grant individuals a mandate to execute the tyrant. A private citizen who takes the life of a tyrant acts with public authority in the same way that a soldier does in war.

The key conditions for a justifiable act of tyrannicide in this case include that the killing be necessary to end the usurpation and restore legitimate authority; that there is no higher authority available that is able and willing to depose the usurper; and that there is no probability that the tyrannicide will result in even greater evil than allowing the usurper to remain in power.

A tyrant by oppression is one who has come to power legitimately, but rules unjustly, oppressively, and arbitrarily. Here the community must confront the tyrant, and if necessary, depose him, formally or informally, according to the course of law available. In most circumstances, a private citizen morally cannot kill a tyrant by oppression, because the tyrant came to power through a legitimate means and thereby the community must depose him. If the community does depose the tyrant, according to St. Thomas, he becomes now a tyrant by usurpation and thereby may be eliminated by an act of justifiable tyrannicide in accord with the above norms.

However, if the tyrant by oppression attacks the citizen, jeopardizes the welfare of the community with the intent leading it to destruction or killing the citizens, or commits other evils, then a private citizen can morally commit an act of justifiable tyrannicide. Moreover, if because of the tyrant’s rule, a nation cannot defend itself, is on the course of destruction, and has no lawful means to depose or to condemn the tyrant, then a citizen may commit an act of justifiable tyrannicide. Interestingly, many modern political philosophers would posit that a leader who abuses power and has become tyrannical ipso facto loses legitimacy and becomes an usurper.

Whether the proper conditions actually exist for legitimately killing Hugo Chavez by way of assassination, I don't know. But given what one of the great philosophers, theologians and Doctors of the Church has apparently said about tyranicide, maybe it's worth some analysis.

Jurisprudential Maxim of the Day

California Civil Code Section 3537: "Superfluity does not vitiate."

This was pointed out to me by my boss the other day after he reviewed a rather lengthy worded complaint (i.e., lawsuit) I drafted for a client.

Religious Conflict in Ukraine

Ukraine's Eastern Rite Catholics on Sunday moved their church headquarters to Kiev amid protests from nationalists and objections from Orthodox believers whose leaders warn the move will further stoke inter-church tensions.

Cardinal Lubomur Husar conducted a ceremony for more than 1,000 believers and priests of the Ukrainian Greek Catholic Church after he was declared Metropolitan of Kiev and after a priest announced the church's move from the western city of Lviv.

While priests and believers sang hymns against the backdrop of a new church being built, several hundred nationalists and Orthodox believers gathered under red flags, carrying Orthodox icons, chanting through loudspeakers and partially drowning out Husar's words.

``Orthodox or death!'' some yelled as others jostled believers trying to attend the service. ``You can kill us but you cannot take our faith from us!'' others yelled.

Wow. This level of hostility toward the Catholic Church easily exceeds a lot of the stuff that I've seen coming out of some quarters of American Protestantism. Then again, since the conflict between the Orthodox and Catholic Church has been around for over a thousand years, I suppose it really shouldn't be too surprising.

Payne & Fears, LLP

Believe it or not, that's the name of an actual law firm here in the OC. My firm is going up against them in a wage claim/employment discrimination case.

This is Your Brain on Paganism

With World Youth Day in full force in Germany, a small bunch of yahoos called the Committee for Pagan Fun turns out to protest the "invasion." I was going to provide some commentary to the following excerpts, but the stupidity contained therein is pretty self evident.

The Committee, made up of artists, psychologists, philosophers, pacifists, atheists and people who do not identify with any religion, has organised marches against World Youth Day, whose events stretch through Sunday.

The Committee also complains that one denomination has temporarily taken over this city on the banks of the Rhine, and to a lesser extent the nearby Düsseldorf and Bonn.

"Cologne has been invaded by an army of sanctimonious people," said theologian Michael Schmidt Salomón, spokesman for the Committee.

"With our religion-free zones, we want to offer asylum to all of those who feel persecuted by this state-sponsored 'holiness'," he told IPS.

(...)

"The Church is an old, wrinkled, obsolete dinosaur," said sculptor Jacques Tilly, who created a float of a dinosaur wearing a crown and watching over a flock of sheep.

"I don't want to insult any Christians, but I want to show that we are also still here," he added.

(...)

"I already did the paperwork for dropping out of the Church. I'm not going to continue backing causes that I don't believe in," Sven, a young history teacher, told IPS.

Stumped

Is a check a type of contract for purposes of CCP Section 337?

Pro-Abortion Logic

As captured by Captain Ed in a picture that was taken of protesters outside of the Justice Sunday II event.

The "It's a Calling from God" Trump Card

Guaranteed to be used by those Catholics trying to put a religious spin into their otherwise self-centered and political-based dissent.

Susan Ringler believes she faithfully lived out the teachings of the Roman Catholic Church during her first five decades of life. She manifested it in Paz de Cristo social ministry to the East Valley poor, as a liturgy coordinator at St. Timothy’s parish in Mesa and through ecumenical work.

Until a couple of years ago, she held out hope that lay Catholics and women would gain roles of importance, but the church, she says, has turned hard-line and any dream of eking out more change from Vatican Council II of 40 years ago long faded.

So Ringler joined the independent United Catholic Church, which last Sunday ordained her as a deacon and put her in line to become a priest if she chooses. As a woman, she could hold neither role in the Roman Catholic Church.

"As a Roman Catholic woman, to think that you have a calling to a deeper ministry from God is almost blasphemy, and the guilt associated with that is huge," says the mother of three grown children who trained as a registered nurse. "It took me a long time to realize that my calling was from God." She says the affirmation she received from family, friends and others redoubled her desire to serve more deeply in ministry and assuaged "guilt that comes naturally to Catholics."

Yes, I Was A Member

With all the MSM handwringing over whether SCOTUS nominee John Roberts was ever a member of the Federalist Society I just wanted to make it perfectly clear to the world that not only was I a Federalist Society member, I was the founder of a student chapter at my law school. With that being said, I await the President's call informing me that I will be nominated to replace Justice William Rehnquist on the SCOTUS.

Hey, even in a one in a million chance, there's still a chance.

"Legitimacy"

As pretty much expected, the thoroughly Catholic Ave Maria School of Law received full accreditation from the American Bar Association. (link via Southern Appeal) Insofar as the secular legal profession is concerned, this gives the school a general sense of legitimacy that "non-ABA" schools (like the one yours truly graduated from)lack. Whether this perception is warranted is up for debate, but I did have to laugh at this comment that Ave Maria reportedly made upon receiving the ABA seal of approval: "Achieving ABA accreditation signifies that a particular law school provides a sound legal education of high quality..." Why is this laughable? Because it presumes that the ABA, a profoundly politicized organization that supports the constitutional right to abortion and a host of other left-wing causes, is a credible judge of a sound legal education.

An Out of Whack Culture

I don't know how it is where you live, but you pretty much can't get around the Los Angeles area these days without seeing a billboard advertising a new movie called The 40 Year Old Virgin. As you can probably guess from the "clever" title, the premise of the movie is about a socially awkward 40 year old single guy who has never had sex. The movie is supposed to be a comedy, of course, because in our post-modern culture where men like Hugh Hefner are revered as heroes for making it ok for us to treat each other as self-gratifying objects, guys who haven't "done it" by the time they're out of high school are just, you know, freaky.

Sigh.

On a somwhat related note, Terry Mattingly speculates that the New York Times reporters who made inappropriate inquiries into the sealed adoption records of John Roberts' kids were trying to dig for more than just possible shady dealings. Anti-Catholic stereotypes, anybody?

The "Hung" Sucks

That, at least, is the opinion of the Angry Twins with regard to William Hung, the popular American Idol reject who lacks any discernable level of singing talent, but who has nevertheless been cashing in quite nicely on it.

Certainly, the fact that William Hung the singer has any level of widespread affirmative popularity is an indictment on what we collectively think is entertainment. As an individual, though, I can't really find fault with the Hung for doing what he's doing. After all, someone is willing to pay to hear his crappy voice, and he gets to meet hot chicks.

Congats to Me!

Assuming all the financial stuff goes off without a hitch, I have just become the proud new owner of a 25 year old two bedroom/two and a half bathroom townhome that I can barely afford. (Believe it or not, not all lawyers are wealthy).

There was a little haggling over the location of an existing water heater, but a fairly reasonable compromise was reached. However, I'm still going to look into whether the water heater might be regarded, from a property value standpoint, as a defect due to the very fact that it is not in a location that compiles with local building code regulations. (The placement of the water heater was probably done several years before the enactment of the regulation in question, therefore making it exempt from enforcement). I doubt I'll find anything helpful, but at least I will have the satisfaction of knowing that I've exhausted all possible options in getting out of having to pay for something that, in my opinion, I really shouldn't have to pay (i.e., the cost of moving the water heater).

Ideology Above Professionalism and Decency

Is there nothing The New Yuck Times won't do to prevent the high profile appointment or election of a person it politically disagrees with?

The NEW YORK TIMES is looking into the adoption records of the children of Supreme Court Nominee John G. Roberts, the DRUDGE REPORT has learned.

The TIMES has investigative reporter Glen Justice hot on the case to investigate the status of adoption records of Judge Roberts’ two young children, Josie age 5 and Jack age 4, a top source reveals.

Judge Roberts and his wife Jane adopted the children when they each were infants.

Both children were adopted from Latin America.

A TIMES insider claims the look into the adoption papers are part of the paper's "standard background check."

I Went to Catholic School, Therefore I'm an Expert on the Catholic Faith

For most rational people, that makes about as much sense as saying you can perform brain surgery because you stayed at a Holiday Inn Express last night. As pointed out at the Roman Catholic Blog, though, senselessness never stopped folks like Margaret Carlson from spewing ignorance out of their word processing pie-holes because it neatly fits into their secular political agenda.

My Firm Has Designated Me As Its' Family Law Attorney

That kind of thing happens when you work for a small firm that does just about everything. Lord help me. Anyone know where I can get a print of St. Thomas More to hang in my office?

Still Not Convinced

Ann Coulter is sticking to her guns with regard to her belief that John Roberts could be another David Souter.

Like John Roberts, Souter attended church regularly. Souter was also touted for his great intellect. He went to Harvard! And Harvard Law! (Since when does that impress right-wingers? So did Larry Tribe. It is one of the eternal mysteries of the world that liberals are good test-takers.)

At least when Souter was nominated, we needed a stealth nominee. The Senate was majority Democrat back then. The Judiciary Committee consisted of eight Democrats and six Republicans — two of whom were aggressively pro-abortion. A year later, faced with the same Democratic Senate, the current president's father nominated Clarence Thomas. Who would have thought the current Bush would be less macho than his father?

Roberts would have been a fine candidate for a Senate in Democratic hands. But now we have 55 Republican seats in the Senate and the vice president to cast a deciding vote — and Son of Read-My-Lips gives us another ideological blind date.

(...)

Republicans are desperately trying to convince themselves that Roberts will be different because they want to believe Bush wouldn't let us down on the Supreme Court. Somewhere in America a woman is desperately trying to convince herself that her husband won't hit her again because he told her "things are going to be different this time." (And yes, that woman's name is Whitney Houston.)

I Hate In Pro Pers

They just delay things longer than they need to be, and they can just be downright unreasonable to their own detriment. As much as you may dislike us folks, if you ever find yourself in a lawsuit (whether as a defendant or plaintiff)and it's possible for you to hire a lawyer, hire one.

Madame Seems to be More Appropriate

A 40 year old woman who held sex parties for teen-aged boys pleads guilty to charges of sexual assault and contributing to the delinquency of a minor. (via Drudge)

My guess is that if it was possible for this woman to be a priest, there'd be more coverage of this horrific story in the MSM. Of course, as this report clearly shows, not being able to be a Catholic priest doesn't mean you can't delusionally proclaim yourself as one.

Does Anyone Really Care?

Except for small market Canada, which for some stupid reason doesn't like beauty pageant winners, I can't imagine that there are a whole of people in this country who really care that the NHL lock out has ended. Even before the lockout, hockey in the US was already in a spiral downturn, and unless the league enacts some drastic rule changes to speed the game up, contracts the number of teams and gets another Wayne Gretzky playing in a big market city, I don't see the NHL surviving for much longer in this country.

Homage to DC's Papist History?

Hugh Hewitt points to this weird commentary by Howard Fineman wherein Mr. Fineman essentially asserts that President Bush nominated John Roberts to the SCOTUS because he is Catholic. Right.

SCOTUS Nominee, John Roberts, is Catholic

I wonder if there's ever been more than three on the SCOTUS at one time? I'm guessing probably not. Looks like some possible, though relatively minor, history is in the making.

Update:Some media outlets take note of the potential of four Catholics (yes, this includes Justice Kennedy) on the SCOTUS at one time.

Stalin Was Bad, But...

GetReligion has posted this ditty on Pete Seeger, a commie folk singer from the '60's who apparently has a soft spot for evangelical praise music. From a constitutional law standpoint, Seeger may be best remembered for expanding our jurisprudential understanding of the term "religious belief."


Question: But didn’t Stalin turn out to be one of the worst despots of the 20th century?

Answer: Well, when it comes to big ones. But there’s bad ones all over. And, you know, for 50 years, the United States has helped control the politics of Latin America. And they have the School of the Americas, they call it, in Fort Benning, Ga. Training military — Latin American military men — how to torture, how to massacre, how to assassinate.

Question: But the U.S.S.R. really was an enemy of the U.S.A., yes?

Answer: Not necessarily. The communists claimed, I won’t say they all believed it, that they would encourage revolutions all around the world. But the people of each country had to make their own revolution. It wasn’t Soviet soldiers helping Mao Zedong take over China. They could applaud them and perhaps even help them. But they didn’t likewise in Vietnam or Cuba.

Chronology of a Liar

Did the former prime minister of Niger meet with and tell Joe Wilson that Iraqi officials were interested in buying uranium yellowcake? Depends when Joe was asked.

In brief:

1. Wilson says “yes” during his private CIA debrief in March, 2002.

2. Wilson fails to mention the meeting in his NYT op/ed and his first “Meet the Press” in July, 2003.

3. Wilson lies and says “no” during a “Frontline” PBS Interview in August, 2003.

4. Wilson lies and says “no” twice during his second “Meet the Press” interview in October, 2003.

5. Wilson says “yes” during his third “Meet the Press” interview in May, 2004.

6. Wilson says “yes” to SSCI committee staff --report released in July, 2004.

I Am the King of the English Commonwealth!!

One of the major drawbacks of democracy is that you have the freedom to proclaim yourself anything you want, even if it isn't objectively true. Here's the most recent case in support of this observation from, surprise, Canada:

An English literature instructor from Vancouver Island says she will be ordained as Canada's first woman Roman Catholic priest in a ceremony conducted on the waters of the St. Lawrence River.

Michele Birch-Conery of Parksville said yesterday she expects the church to threaten her with excommunication but she believes she is fighting a human rights issue.

Welcome to the Party

San Francisco's version of Riverside gets its first Catholic high school.

Church in Canada Mulls Possible Exclusion of Baptism for Children of Same-Sex Couples

The possibility of doing this arises from that country's move toward the legal recognition of same-sex "marriages."

Ouellet told reporters after his presentation that supporters of same-sex marriage had created an "insane atmosphere" in Canada.

"It is not good for religious freedom if you cannot express your views and you cannot teach your beliefs," he said.

However, it is "false, wrong and offensive" to equate gay marriage with the unions of married opposite-sex couples who have "produced children to society," Ouellet said.

"This is something a homosexual union cannot offer to society, and you would like Canadian society to accept that as justice itself? I have to say I find that completely irrational."

Random Rant

I think I'd enjoy practicing law more if dealing with uncooperative wingnut clients wasn't part of the job.

::California civil litigator lingo alert::

Take the 998 already!!

Just Shoot Me!

Hey, guess what Sen. Arlen Specter thinks President Bush should do if or when the position of Chief Jusice of the SCOTUS opens up.

Yeah, So What?

John Hinderaker of Powerline demurs to the anticipated MSM/Moonbat frenzy over Karl Rove being the White House source who "outed" Joe Wilson's wife as a CIA agent.

It is hard to see how Rove could be indicted for violation of the Intelligence Identities Protection Act, and it is very unlikely that he would have been foolish enough to testify falsely before the grand jury about his conversations with journalists. None of this will matter much, though, when it is publicly acknowledged that Rove was one of the sources of the Plame "leak." (This isn't, by the way, the sort of communication that is ordinarily referred to as a "leak.") We can expect a media feeding frenzy or potentially unprecedented proportions.

CA Dems Keep Pushing Gay "Marriage" in the Legislature

So we've gotta push back. The current status of AB 849 can be seen here, and the language of the bill can be seen here.

Loonyville's Version of 9/11

Oliver Stone's rampage on history in the name of promulgating his left wing conspiracy theories continues.

Spit On a Piece of Paper and See How Far It'll Go!

That's how my boss describes lawsuits that are facially questionable, but legally colorable so as to avoid being classified as frivilous. I think the following would qualify as such a lawsuit.


LOS ANGELES - A California woman is suing a hospital for wrongful death because her husband fainted and suffered a fatal injury after helping delivery room staff give her a pain-killing injection.

...

In June 2004, Passalaqua’s husband, Steven Passalaqua, was asked by Kaiser staff to hold and steady his wife while an employee inserted an epidural needle into her back, court papers said.

The sight of the needle caused Steven Passalaqua, 33, to faint and he fell backward, striking his head on an aluminum cap molding at the base of the wall.

Jeanette Passalaqua delivered the couple’s second child, a boy, later that day. Steven Passalaqua, however, suffered a brain hemorrhage as a result of his fall and died two days later, the lawsuit said.

The US Bishops Intervene in SCOTUS Debate

And clearly reveal that they are in need of a few lessons on what the function of the Judicial Branch is supposed to be.

First of all, does it make sense to hold out for "qualified jurists who, pre-eminently, support the protection of human life from conception to natural death, especially of those who are unborn, disabled, or terminally ill"? I'd be perfectly happy with justices who allowed legislatures to extend that protection. If the bishops want more, whatever else may be said about their wanting more, then they have no chance of prevailing.

Second, does it make sense to seek "jurists who . . . recognize the value of parental choice in education"? Again, how about just justices who are willing to allow legislatures to recognize that value?

The Imperial Senator from Joisey New Yawk

Chucky Schumer declares political war against any person Pres. Bush nominates to the SCOTUS.

I am the King of France!

And Genevieve Beney is a "priestess" of the Catholic Church.

From GetReligion:

A French woman defied a threat of excommunication by the Roman Catholic Church and held a ceremony proclaiming herself a priest on Saturday [that is, today].

In a small ceremony on a boat, Genevieve Beney was joined by other women from around the world who have taken similar dramatic action to draw attention to the church’s policy against women priests.

The Ninth Day

This looks like an interesting movie, and it's going to be playing at a theater here in The OC next weekend. Here's the synopsis from the official movie website:

Abbé Kremer is released from a living hell in the Dachau concentration camp and sent home to Luxembourg. Upon his arrival, he soon learns that this is not a reprieve or a pardon of his crime – voicing opposition to the Nazis’ racial laws – but that he has nine days to convince the bishop of Luxembourg to work with the Nazi occupiers. Gestapo Untersturmführer Gebhardt is under pressure from his superior to have the Abbé succeed in creating a rift between the Luxembourg church and the Vatican – or be transferred to duty in the death camps in the East. Gebhardt, a former Catholic seminarian, uses theological arguments to bring the Abbé around but when they don’t work he resorts to more draconian measures. The Abbé is torn between his conscience and his horror of returning to Dachau...

Nancy Pelosi is a Friggin' Idiot

Either that, or she's a real genius at acting dumb.

I'm a day late on Pelosi's misadventure into evaluating Kelo, but here it is in all its surrealness. (via The Corner)

Who's Deadlier? Opponents of DDT or "Pro-War" Advocates Like Me?

If it's the same, at least I'm only for killing people who want to kill me. Anyway, President Bush call for $1.2 billion to fight malaria in Africa.

Malaria is one of the top killers in Africa, and most of its victims are children. The ancient mosquito-borne disease infects as many as 400 million people worldwide, killing 1 million a year.

The malaria initiative aims to provide tens of millions of dollars to Tanzania, Uganda and Angola in the first year, adding at least four more countries in 2007 and at least five more in 2008 for an eventual total spending of $1.2 billion, Bush said. The president said his proposal would eventually cover 175 million people in at least 15 nations most affected by the disease.

"We know that large-scale action can defeat this disease in whole regions and the world must take action," Bush said. "Together we can lift this threat and defeat this fear across the African continent."

You Could See This Coming a Mile Away

A discrimination complaint is made against Catholic innkeepers in Vermont who (gasp!)expressed reluctance over a request to host a lesbian "wedding."

"Kiss It"

A list of things that the government can say, express and sponsor with taxpayer dollars.

New Spin-Off Blog

From the creator of the Southern Appeal blog comes But God's First.

What's Good for the Goose

Looking to take advantage of the Supreme Court's pro-government land grab ruling in Kelo, the CEO of Freestar Media has applied to build a commercial hotel on some property in New Hampshire owned by Justice David Souter. (via Michelle Malkin)

Nice sentiment, but it's probably not going to work since I doubt any land owned by Souter, who voted with the majority in Kelo, would be situated in an allegedly blighted area in need of redevelopment.

What the...?!

The font on my posts have mysteriously changed from arial to times new roman.

"Working" Late

As I'm writing this, it's roughly 7pm and I'm sitting in the office waiting for a workers' comp client to finish reviewing her deposition (which she's been doing for about 2 hours!) in preparation for a possible trial this week. So while I wait, I'm just going to cruise the 'net for a while and think about finishing up a memorandum in opposition to one of the most ridiculous demurrers that ever has to have been written in the history of law.

I've Been Remiss

Although I have had time to update this blog over the past week, for some reason I just couldn't think of anything to post.

For my two readers out there, I am profoundly sorry. I'll try to pick things up on a more consistent basis starting Monday since I'm going to be out of town for the next couple of days. Aloha!

Dogs, Cats and Pigeons Are Verboten

But go on ahead and eat that human fetus if it tickles your fancy.

Jeffrey Dahmer has gotta be kicking himself in Hell right now.

Ever since the story broke about a Kansas City abortionist accused of eating fetuses questions have been raised about why he wasn't charged with a crime besides losing his medical license.

The short answer, according to law enforcement authorities involved in the investigation of Krishna Rajanna, is: Because there are no laws against eating fetuses.

(...)

"Julia went on to describe how she and the other girls actually witnessed Rajanna microwave one of the aborted fetuses and stir it into his lunch," explained Detective William Howard of the Kansas City Police Department, the investigating officer. "Julia claimed that she shared this (information) with some of the other employees, who confirmed that they had seen him do the very same thing."

His First Name is Well Earned

The fact that Senator Durbin has the freedom to make stupid and unsubstantiated remarks about the military should have been an indication to him that his remarks here were, well, stupid. Then again, maybe he knew that and is simply counting on the general public to be too stupid to care.

"Reprehensible" is the word used by the White House to describe remarks made by Sen. Dick Durbin earlier this week comparing the treatment of prisoners at Guantanamo Bay, Cuba, to victims of Nazis, Soviet gulags and Cambodia's Khmer Rouge.

(...)

Pentagon spokesman Larry DiRita commented Thursday that Durbin may want to see the prison before he criticizes it.

"Anyone who would make such outlandish comments has an obligation to visit the facility at Guantanamo Bay. Our records suggest Senator Durbin has never been there. He may also want to visit the memorials to the victims of Pol Pot and Stalin and then decide if he wants to live the rest of his life with that comment," DiRita said.

Meeouch!

Add little kittens to Howard Dean's personal hate list. =8^p

This is Your Brain on Scientology

100% RC

Except for my perfect RC score (no surprise) the results below are a little different than the first time I took the test. I tried posting my first results, but I ended up deleting it because I messed around with and screwed up the HTML coding. (HT to PSB)

Roman Catholic 100% Evangelical Holiness/Wesleyan 75% Neo orthodox 68% Charismatic/Pentecostal 50% Emergent/Postmodern 39% Fundamentalist 39% Classical Liberal 36% Modern Liberal 29% Reformed Evangelical 25% What's your theological worldview? created with QuizFarm.com

Christian Porn Queen?

If ever there was a mind-boggling paradox...

Pornographer Mark Kulkis says tonight's presidential fund-raiser, which includes him and his date, XXX porn star Mary Carey, will make pop-culture history.

But the National Republican Congressional Committee seems more intent on using President Bush's $2,500-a-plate speech to make political fund-raising history.

Congressional Republicans expect to add at least $23 million to their party campaign funds at the event featuring the president.

(...)

Carey, who says she is a Christian who prays and reads her Bible every night, said she's excited about the possibility of speaking personally with Bush.

"It would be an honor to meet him," she told WND. "I'd like to talk to him about issues like freedom of speech and the crackdown on the adult industry. Maybe he can give me some political pointers."

In Other Non-Jacko Wacko Celebrity News

In addition to not growing up, Katie Holmes apparently "digs" Scientology, and will soon be converting to it.

Holmes, in London to promote her new film, "Batman Begins," said Monday that she's excited about her lessons in Scientology, a religion founded by science fiction writer L. Ron Hubbard.

The 26-year-old actress and Cruise went public with their romantic relationship in April. The former Catholic and star of television's "Dawson's Creek (search)" grew up with a poster of Cruise on her bedroom wall and has said she grew up wanting to marry him.

Bad Medicine

Surprisingly, the Supreme Court O Canada finds a Quebec law banning private medical insurance to be unconstitutional. (link via Hugh Hewitt)

The ruling stops short of declaring the national health-care system unconstitutional; only three of the seven judges wanted to go all the way.

But it does say in effect: Deliver better care or permit the development of a private system. "The prohibition on obtaining private health insurance might be constitutional in circumstances where health-care services are reasonable as to both quality and timeliness," the ruling reads, but it "is not constitutional where the public system fails to deliver reasonable services." The Justices who sit on Canada's Supreme Court, by the way, aren't a bunch of Scalias of the North. This is the same court that last year unanimously declared gay marriage constitutional.

The Canadian ruling ought to be an eye-opener for the U.S., where "single-payer," government-run health care is still a holy grail on the political left and even for some in business (such as the automakers). This month the California Senate passed a bill that would create a state-run system of single-payer universal health care. The Assembly is expected to follow suit. Someone should make sure the Canadian Supreme Court's ruling is on Governor Arnold Schwarzenegger's reading list before he makes a veto decision.

Dwindling Numbers and a Significant Demographic Shift

At the Mass I went to this morning, the priest during his homily provided some intriguing statistics on the number of priests in the Archdiocese of Los Angeles and the Diocese of Orange. Last week, seven men from the Diocese of Orange became ordained priests, while only three were ordained from the Archdiocese of Los Angeles.

Of the seven Diocese of Orange priests, four are Vietnamese, one is Hispanic, and the other two are Caucasion.

Of all the priests in the Diocese of Orange, thirty percent are Vietnamese.

How reliable these numbers are, I don't know. However, since the priest who gave out this information (who, BTW, is Vietnamese) regularly works for the diocese of Orange in some administrative capacity, I'm inclined to believe that they are fairly accurate.

Fundies to Catholics: We Don't Like You!

While I was driving home from work, I saw this on the outdoor marquee sign of the Strong Tower Worship Center in Westminster: "The Only Vitamin A Christian Needs Is B1."

Get it?

White, Republican, Christian

Three things that Howard Dean thinks are inextricably linked, bad and to be loathed.

The GOP really ought to send this guy a "thank you" note for all the increased donations he is getting for them.

Back to the Future

Sixty-three years ago, probably when Justice Stevens was still in law school (man is he old!) the Supreme Court upheld the right of the Federal government to punish a farmer for growing an excess amount of wheat that he had intended to use for his own personal consumption. Applying the communist based dubious principles of that case, the Supreme Court today, via Justice Stevens, upheld the right of the Federal government to prevent California from allowing individuals to grow and use ganja for strictly alleged medicinal purposes.

Looking on the bright side, at least the SCOTUS didn't really do anything new in this case.

In Yoda-speak: An Enemy of the Jedi He Is

PBXVI bolsters his Sith credentials with his latest "absolutist" proclamation against "gay marriages." (link via Drudge)

Update: PS Bradley links to a couple of places that makes the case for the Empire and against "Jediism."

Political Hacks

I've always believed that Amnesty International was more interested in advancing a left-wing political agenda than being a watchdog of human rights violators. The group's ridiculous, and unsubstantiated, comparison of the U.S. prison at Guantanamo Bay to a gulag just further proves the truth of this belief.

Only a Jedi Would Dispute This

You cannot be against human slavery if you do not believe there is anything wrong with having sexual intercourse for the sole or primary purpose of satisfying your sexual desire.

Being Ivy League Smart Doesn't Equate With Having Knowledge

Although the survey is unscientific, it appears there are quite a few students at Dartmouth College who cannot correctly name five current Justices on the U.S. Supreme Court, three of the freedoms protected by the First Amendment to the Constitution, or three of the twelve Apostles. (via Powerline)

On This Date...

Today marks the 16th anniversary of the Tiananman Square massacre in Beijing, China.

According to current estimates, as many as two-hundred-and-fifty Chinese are still serving prison sentences for Tiananmen-related activities. The world does not know the exact numbers of those killed, wounded or arrested because, sixteen years later, the government of China still has not provided an accounting. Instead, the government has imposed a near complete blackout of information about the event.

Update: Thousands gather in Hong Kong to remember. (Full article here)

Kick the Koran

And incur the wrath of lefty human rights groups and their enablers in the MSM.

Display a crucifix in a container of urine at taxpayer expense, and have it praised as art by the aforementioned groups.

Update: Michelle Malkin gives us information that the MSM won't disclose or tries to minimize.

Infanticide Upheld

The U.S. 4th Circuit Court of Appeals struck down today a Virginia State law that made it a felony "for a person to knowingly perform 'partial birth infanticide.'"

The basis for striking it down? The statute doesn't contain a "woman's health" exception.

From the dissent:

The majority’s opinion is a bold, new law that, in essence, constitutionalizes infanticide of a most gruesome nature...(Dissenting Op. at 19).

Can we not see that our discussions and the law we make in striking down Virginia’s prohibition are unfit for the laws of a people of liberty? I wonder with befuddlement, fear, and sadness, how we can so joyfully celebrate the birth of a child, so zealously protect an infant and a mother who is pregnant, so reverently wonder about how human life begins, grows, and develops, and at the same time write to strike down a law to preserve a right to destroy a partially born infant. If the disconnect is explained by personal convenience, then we must reason that all morality is personal, without commonality and source. The product of such chaos is unfathomable. (Dissenting Op. at 45).

Over the Top Bad

If you're on the West Coast, you may have seen the incredibly inappropriate Carl's Jr. commercial featuring Paris Hilton. I can't imagine that the founder of Carl's Jr., Carl Karcher, is very happy about it given his past support of socially conservative causes in California like Prop. 22 (which defines marriage as being between one man and one woman) and the fact that his son, Jermone, is a longtime Catholic priest in Orange County.

Since Mr. Karcher is a fairly elderly man (probably in his late 80's) I'm left to wonder if he even has any direct control over the company he founded anymore.

Protest at the University of Western Ontario (Canada)

The school is apparently giving honorary degrees to a couple of pro-abortion zealots, as well as the president of Notre Dame, Rev. Edward Malloy. More information here.

Beatification

PBXVI has officially kicked off the the process for John Paul The Great.

The process to beatify Pope John Paul II has officially begun with an edict inviting witnesses to testify about his saintliness and asking anyone with his manuscripts, letters or other documents to give them to the Vatican.

(...)

It will take years for the Vatican to gather all of John Paul's writings and hear from witnesses testifying about his virtues. It must then certify a miracle attributed to his intercession after his death for him to be beatified. Following beatification, a second miracle is needed to be confirmed before he can be made a saint.

Criticism Kills

That's the opinion of at least one judge who thinks that some of the recent violence that has been committed in America's courtrooms are, in part, the result of criticisms directed at judges by politicians.

"Fostering disrespect for judges can only encourage those that are on the edge of the fringe to exact revenge on a judge who ruled against them," [Judge Joan] Lefkow said.

Unless the rhetoric actually advocates revenge, this argument is as nonsensical as the argument that banning guns will prevent crazy people from committing murder.

I don't know what Lefkow's political leanings are, but I wonder if she thinks the sliming of President Bush's judicial nominees by the Democrats, and the Left in general, falls within the scope of disrespect for judges that she believes Congress has a duty not to foster.

Update: The article doesn't explicitly say it, but I think it pretty clearly reveals Lefkow's politics.

Update 2: Actually, it's a joke that came to mind after reading Lefkow's dumb suggestion that being "harshly" critical of a judge is the same as telling someone to murder that judge. As told to me by someone at my firm: What do you call a lawyer with a 30 IQ? Your Honor.

Good Mormon Mr. President

Mass. Governor Mitt Romney is a potential GOP candidate for President, and The Weekly Standard investigates whether his LDS background will hurt his chances. (via Hugh Hewitt)

The article brings to mind a conversation I had a few years ago with an Evangelical friend of mine on this very topic. To my surprise, my friend said that while she wouldn't have a problem supporting a Republican presidential candidate who was Mormon, she couldn't see herself voting for a woman for President. The latter just wasn't biblical.

Pot, Kettle, Black...

A painting which depicts President Bush being sodomized was taken down from open display in an art gallery after Michael Friedman, an "artist" who had painted a picture of Pope Benedict XVI with several swastikas in the background, complained that the sexually explicit painting of Bush was offensive and tasteless. (via Powerline)

"Sodomy in a public forum is not, from my perspective, considered art," [Friedman] said. "I think somebody has to draw the line somewhere. I like political satire. However, that type of image...I don't think is artistic."

Friedman's right about the sodomy depiction, of course, but I'm trying to figure out [toungue in cheek] how his suggestion that the pope is a Nazi is artful satire rather than illustrated bigotry or hate speech.

Class of '87

It's been a while since I've done it, but Amy Welborn has kind of inspired me to google some people I knew in high school to see where they might be in life today. Here's what I was able to find:

For some reason, I'm not surprised he has a tattoo.

Absolutley no surprise that he's doing what he's doing. (Kind of funny, though, that I found him on the same business networking website as the guy above).

I indirectly keep in touch with him through a relative.

Haven't had any luck finding any of the gals I knew in my graduating class, probably because most of them are married now and have changed their names.

T-minus two years until my 20th year reunion. Yikes!

Update: Although this guy (scroll all the way down)was into theater and acting back in high school, he was a fairly decent cross country and long distance runner as well.

The Intolerant Left Strikes Again

This time with soda cans filled with marbles that were thrown at people before the start of a meeting in Garden Grove featuring Minuteman Project founder Jim Gilchrist.

Still Not Quite Right

The correction should read "The institutional Church and orthodox Catholics believe it is His body and blood." (link via Amy Welborn)

I Like Apple Pie Because Chicken Tastes Good

Makes about as much sense as saying legal immigration will be undermined by beefing up border security and allowing the police to arrest someone because he is in this country illegally. God save Los Angeles.

Attack Journalism

Al Reuteera publishes the following "facts" about Priscilla Owen, whom the Senate finally voted on and confirmed to the U.S. 5th Circuit Court of Appeals (link via Powerline):

Owen, 50, recently received the worst rating on the Texas Supreme Court in an annual judicial evaluation poll by Houston lawyers. With 350 votes cast, 39.5 percent said she was outstanding, 15.2 percent rated her acceptable and 45.3 percent said she was "poor." None of the court's eight other judges had as many "poor" votes and only one had fewer "outstanding" votes.

Looks bad, but I'm sort of interested in knowing who exactly conducted this poll. And aren't there more than 350 lawyers in Houston? It's also curious that Al Reuteera doesn't mention the fact that Justice Owen received the highest possible rating from the American Bar Association (hardly a bastion of conservatism).

Owen is a member of the Federalist Society, an increasingly powerful legal society that describes itself as "a group of conservatives and libertarians" who believe "it is emphatically the province and duty of the judiciary to say what the law is, not what it should be."

Gee, I'd hate to see what Al Reuteera would say if Justice Owen was as member of Opus Dei.

Owen graduated in 1977 from the law school at Baylor University in Waco, Texas, as the top student in her class. She worked as a corporate lawyer with expertise in oil and gas at a large Houston law firm before being elected to the Texas Supreme Court in 1994 in a campaign aided by current White House adviser Karl Rove. She was re-elected in 2000 with 84 percent of the vote.

In other words, Owen is just another pawn in Karl Rove's master plan to rule the world, and the 84% who voted for Owen are all brainless robots.

U.S. Attorney General Alberto Gonzales has endorsed Owen's nomination but they clashed on a number of cases when they were on the Texas Supreme Court, most famously in an abortion rights case in 2000. Owen was a dissenter on the court's vote upholding a teenage girl's right to abortion without notifying her parents. In his opinion, Gonzales wrote that dissenting justices advocated a position directly contradicting state law and that adopting their view "would be an unconscionable act of judicial activism."

Read this, then try to tell me that most "journalists" in the MSM aren't a bunch of lazy hacks who don't bother to investigate any claim that coincides with their leftist agenda.

Owen is a divorcee who lives in Austin, Texas, where she teaches Sunday school and tends the altar at St. Barnabas the Encourager Evangelical Covenant Church, which split from the Episcopal Church last June because of disagreements with national church leaders who ordained a gay bishop and allowed dioceses to consider blessing same-sex unions.

In other words, Owen is a hypocritical fundamentalist Christian who needs to be feared.

Note to Al Reuteera: Let us know when you stop confusing so-called facts about a person with whom you disagree with uninformed partisan commentary.

Our Nutty Fundie Friends

Of course, it's stuff like this which adds fuel to the fart winds of pandering blowhards like Congressman John Conyers. (via Drudge)

Our Fathers

On Showtime tonight. I don't have cable or satellite, so I obviously can't watch it. Even if I could, I probably wouldn't, as I'm sure there will be plenty of unwarranted and unsubstantiated slams against the Church that have little or nothing to do with the Situation. I mean, for crying out loud, uber-Hollywood leftist Ted Danson is in this thing.

In Case All the "Sith" Showings are Sold Out

You can try catching the other prequel Exorcist movie that was made a couple of years ago but never released until now.

R-E-S-P-E-C-T

John Conyers is a pandering Left-wing dolt. (HT: ChronWatch Blogs)

An Islamic civil rights group is urging all "people of conscience" to support a Democrat-sponsored resolution recognizing that the Koran, like the holy book of any other religion, "should be treated with dignity and respect."

The resolution, to be introduced by Rep. John Conyers (D-Mich.), also "condemns bigotry and intolerance against any religious group, including our friends, neighbors and citizens of the Islamic faith."

"This resolution expresses America's respect for the holy texts of all faiths. If passed, it will also reiterate our nation's condemnation of bigoted behavior and religious intolerance," said Corey Saylor, CAIR's government affairs director.

When I read that line from CAIR, the milk I was drinking sprayed out of my nose.

What I'm Reading

Because I frankly have nothing else to blog about right now:

Abraham Lincoln: Redeemer President

Someone Needs to Close Up the "Big Tent" Flaps

WorldNet Daily reports that "actress" and former California gubernatorial candidate, Mary Carey, will be attending a GOP sponsored fundraiser dinner for President Bush.

"I'm hoping to run as lieutenant governor of California next year," Carey said. "Since Arnold [Schwarzenegger] is a Republican, I thought this dinner would be a great networking opportunity for me."

"I'm especially looking forward to meeting Karl Rove," Carey added. "Smart men like him are so sexy. I know that he's against gay marriage, but I think I can convince him that a little girl-on-girl action now and then isn't so bad!"

How do you respond to such silliness?

The Left Hates Traditional Believing Christians

And longs for the institution of religious litmus tests for the judiciary. Such is perfectly illustrated by this headline in the New York Times and this picture which briefly appeared on the website of Moveon.org.

May As Well Throw In World Peace and a Cure for Cancer While You're At It!!

That's what I felt like blurting out at a court hearing today in Los Angeles on whether there should be public disclosure of the personnel files of several former employees of the Diocese of Orange who had been accused of sexually molesting or abusing minor children. I was specially representing one of the non-priest employees who did not want his personnel files made public.

In the papers that I filed, I basically argued that since my client was not an expressly named party in the action against the Diocese of Orange, his personnel files were protected by the right to privacy under the California Constitution. Absent his consent, the only way that my client's files can be publicly discolsed is if the requesting plaintiffs can show a "compelling interest" and the information they seek cannot be gathered from any other nonconfidential source or by way of deposition.

At the hearing today, plaintiffs' counsel (there were several of them) essentially argued that getting "the truth" out about all the allegations that led to the sexual abuse lawsuits against the Diocese of Orange was a compelling interest. In counsels' collective mind, unless the personnel files are publicly disclosed, the plaintiffs in the matter will have no proper sense of "closure," even though they've all been paid a boat load of money in a settlement with the diocese. There was also a nonsensical suggestion that not getting "the truth" out would somehow deny the public of having any knowledge that there was/is a sexual abuse problem in the Church. On this, I felt like yelling out in court, "Just so you know: Japan militarily attacked Pearl Harbor in December of 1941!"

As objectively weak and surreal as the above arguments are, the presiding judge in the hearing, Peter Lichtman, was clearly buying into them. In fact, while I was making some remarks on behalf of my client in support of his disclosure objection, Lichtman rhetorically, and somewhat brusquely, asked me if I wouldn't make the same argument as the plaintiffs. When he said this to me, I pretty much knew that I was wasting my breath. Lichtman was basically signaling to everyone in the courtroom that he thought plaintiffs' thinly veiled desire to publicly humiliate the Diocese of Orange was a compelling enough interest to undermine the privacy rights of certain individuals who were never criminally charged or personally sued for doing things they have only been accused of committing. Given the disposition he displayed today, I will be absolutely shocked if Lichtman doesn't allow public disclosure of the personnel files in question here.

Sidebar Note: Looks as though Judge Lichtman is quite an ambitious jurist.

Update: Qualified shock. Although several personnel files were ordered to be publicly disclosed, it seems that many of them were withheld because of the objections that were made. I didn't stay around to see if Lichtman was going to make a ruling from the bench, and since my client is in pro per, I'll have to wait for him to get notice of the ruling in the mail before I know how he made out.