Judge: Navy not exempt from sonar ruling

Discussion in 'Law and Justice System' started by Gunny, Feb 4, 2008.

  1. Gunny
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    Gunny Gold Member

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    How absolutely STUPID is this ruling? You have to wonder just what kind of retard it takes to put an entire nation's seaboard at risk because he's more worried about the fucking fish.
     
  2. Steerpike
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    Steerpike VIP Member

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    Actually, the ruling is a good one, Gunny, but that doesn't mean the outcome is. Follow me on this for a sec :)

    The Executive and Legislative are two separate but equal branches of government under the Constitution. The Legislative branch is tasked with passing laws (such as the environmental law here). I do not think the Executive has the power to just exempt itself from those laws. The judge is probably right that the President can't simply exempt a portion of its branch from a law duly passed by the Legislature.

    Now, the outcome in this case is a bad one. But what should happen, instead of having some "activist" judge say "Oh, I've decided the Executive can exempt itself" is that the Congress should go back and amend the law, which is their job, to include the exemption.

    That's the ideal, anyway.
     
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  3. ReillyT
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    ReillyT Senior Member

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    I haven't read the decision but you shouldn't be so quick to hammer the judge. It may be that the legislation doesn't provide for the President to exempt it whenever he wishes. Like I said, I haven't read it, but it is probably the way that the legislation is written that is to blame.
     
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  4. ReillyT
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    ReillyT Senior Member

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    He beat me to it.
     
  5. Ninja
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    Ninja Senior Member

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    How do they know it harms whales?

    "Shamu, please tell the court the emotional suffering that sonar has wrought upon you."

    "Well, I was heading up to Alaska to mate, and I ended up in the San Joaquin Delta..." :(
     
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  6. Gunny
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    Gunny Gold Member

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    The President has historically taken whatever measures necessary in the interest of national security. I'd say keeping foreign submarines from just tooling on up to the coastline would fall under that heading.
     
  7. Steerpike
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    Steerpike VIP Member

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    I don't think we're dealing with the kind of exigent circumstances where we can't afford to wait for Congress to do the right thing. If we were in the middle of WWII I'd agree with you.
     
  8. Gunny
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    Gunny Gold Member

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    Now he just won't be able to navigate around all the subs with red stars on their conning towers.
     
  9. onedomino
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    onedomino SCE to AUX

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    What the hell? Who elected this person in charge of National Security?

    [​IMG]

    What a brilliant ruling! Let's make her Admiral Cooper. I think her tactics of luring Russian, Chinese, and North Korean subs close to shore where they too will be sickened by her moonbattery should be a required case study at the Naval War College.
     
  10. onedomino
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    onedomino SCE to AUX

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    What a relief. For a moment, I thought the CIC and the US Navy knew what they were talking about. It's a good thing that we have naval intelligence analysts like you and Judge Cooper to make the military decisions about the defense of the West Coast. I feel much safer now.
     

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