November 16, 2007
Judicial Jackassery - Friday morning edition
Is there no limit to the arrogance of judges?
Is there something, anything about which they are willing to concede, “This court does not have the expertise to rule in this area, nor is it this court’s place to insert itself into this argument”?
Apparently not.
In the circus that is the federal judiciary, the members of the Freak Show – otherwise known as the distinguished and esteemed members of the 9th Circuit U.S. Court of Appeals – hold a special place of (dis)honor.
These out-of-control judges have decided to insert themselves (again) into military planning, doffing their robes in favor of something more suitably martial (Pirates of Penzance, anyone?)
SAN FRANCISCO - A federal appeals court on Tuesday ordered the U.S. Navy to lessen the harm its high-power sonar does to whales and other marine life during exercises off the Southern California coast.
The 9th Circuit U.S. Court of Appeals sent the matter to a trial judge in Los Angeles to figure out exactly how to fix the problem it says is apparent with the sonar.
The three-judge panel said the sonar needs to be fixed before the Navy's next planned exercise in January. The action was taken because the court said it's likely the Natural Resources Defense Council will win its lawsuit to force the Navy to lessen the harm.
The appeals court previously overturned a blanket ban on the naval exercises, ruling that prohibition was too broad.
The council's lawsuit alleges the Navy's sonar causes whales to beach themselves among other environmental harms. In 2000, naval sonar contributed to 16 whales and two dolphins being beached in the Bahamas, according to a federal study.
"There are simple, proven ways to avoid this problem without compromising the Navy's readiness," said Joel Reynolds, senior attorney and director of the Marine Mammal Protection Project at the NRDC.
The Navy maintains it already minimizes risks to marine life. It has monitored the ocean off Southern California for the 40 years it has employed sonar without seeing any whale injuries, said spokesman Capt. Scott Gureck.
"These integrated sonar training exercises are absolutely vital for our strike groups to conduct before they deploy," Gureck said.
With more nations, including China, acquiring quiet, hard-to-detect submarines, the Navy says training sailors in the use of high intensity sonar is a priority.
As I’ve said previously, the president, acting as the commander in chief, should order the Navy to ignore the court. The American military is tasked with protecting the U.S. against all enemies, and the reason why we’ve become the world’s preeminent power is because our soldiers, sailors marines and airmen train constantly, using the same techniques and tactics in peacetime that they’ll need when the shooting starts.
Realism in training is of paramount importance. Preventing our military from training will -- will -- result in unnecessary U.S. casualties.
Let me be even more plainspoken. This ruling will result in U.S. sailors dying, because federal judges, driven (virtually) insane by the hubris that comes with lifetime appointments and years of having their asses kissed by sycophantic courtiers, have decide that they know what’s best when it comes to national security, that the well-being of whales trumps the safety of our men and women in uniform.
Want proof of an out-of-control judiciary? You need look no farther than this ruling.
As I've said before, who will defend the U.S. from the judiciary?
Posted by Mike Lief at November 16, 2007 06:21 AM
| TrackBack
Comments
You sound positively Jeffersonian.
Posted by: The Little Coach at November 15, 2007 08:29 PM
Where's my Sally?
Posted by: Mike Lief at November 15, 2007 10:25 PM
A core group of judicial leftists have clearly adopted a Bolshevik mindset. Encouraged by their comrades in academia and leftist activist groups, they unapologetically work to subvert the will of the American people as expressed through their elected representatives.
When unelected individuals assert the power to create law, as opposed to logically interpret and enforce it, the result is purely totalitarian.
Posted by: Bill H. at November 16, 2007 06:43 AM