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share save 120 16 Flaps Links and Comments for September 11th through September 12th

These are my links for September 11th through September 12th:

  • Romney to give labor speech Monday after touring Boeing in North Charleston – White House hopeful Mitt Romney will wade into the union fight over the Boeing Company’s decision to locate in right-to-work South Carolina when he delivers a policy speech on labor after he tours the North Charleston plant Monday.

    Romney, the former governor of Massachusetts, will tour the facility in advance of the presidential debate in Tampa, Fla., later that day. Romney said at a GOP presidential forum in Columbia on Labor Day that union is not a bad word in itself, but the powerful labor organizations need to be kept in check.

    The lawsuit that the National Labor Relations Board brought against Boeing for locating in South Carolina, considered an anti-union state by some, is the best example of why Romney wants to reverse the labor policies put forward by President Barack Obama, according to Romney’s campaign.

    Gov. Nikki Haley said she welcomes Romney’s visit and his ideas. Haley, also a Republican, has been adamant in her fight against the labor board for its complaint against Boeing.

    “We appreciate not just the talk but the action Governor Romney has taken to understand and highlight the challenges NLRB has brought upon Boeing,” Haley said in a statement Friday. “It is a strong sign to the people of our state that he is focused on our jobs.”

    Romney’s campaign provided The Post and Courier with details about the plan the presidential candidate will unveil next week:

    Romney’s labor policy will focus on free enterprise, free choice and free speech.
    Labor laws must be carried out even-handedly to provide businesses with the certainty they need to grow and thrive.
    The law must be clear: Any company is free to invest anywhere it wants.
    Workers have a right to vote on whether to unionize by secret ballot. That is a position that South Carolinians overwhelmingly support. In November, 86 percent of state voters approved a constitutional amendment that requires union elections to be conducted by secret ballot.
    Romney opposes so-called snap elections, or ambush elections, for votes on whether a company should unionize. He wants to build in protections that will ensure employers have time to protect their legal rights and talk to workers about the downsides of unions.
    Unions should raise cash for political contributions the same way any other business or supporter would, by asking for donations, not using paycheck dues to fund donations.

  • National poll on government regulations – The Tarrance Group is pleased to present Public Notice with the key findings from a survey of N=801 registered “likely” voters across the country.  Interviews were conducted September 6-8, 2011, and, in 95 out of 100 cases, the margin of error on a sample of this type is +/- 3.5%.

    KEY FINDINGS

    – There is little appetite among American voters for additional regulations coming out of Washington.  Three quarters (74%) of voters throughout the country believe that businesses and consumers are over-regulated.  Further, another two thirds (67%) believe that regulations have increased over the past few years.   These percentages include majorities of all partisan affiliations, with 91% of Republicans, 75% of Independents and 58% of Democrats saying businesses/consumers are over-regulated.

    – A key fear among voters is that regulations will hinder job creation, as most believe the result of new regulation will be either job losses (47%) or increased prices for American made goods and services (22%).

    – More than two thirds (70%) believe increasing the number of regulations on American businesses will result in more jobs moving overseas.  Also, majorities agree that the increasing number of regulations have created uncertainty for large and small businesses (66%), and that agencies who enforce regulations fail to consider how their decisions lead to increased prices for consumers and job losses (69%).

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  • Glenn Beck Online Network Set to Make $20 Million This Year – Glenn Beck’s second act, as an online entrepreneur, seems to be shaping up as a success.

    The former Fox News personality, who left his TV job in June, has signed up 230,000 subscribers, even though his online show hasn’t launched yet, according to The Wall Street Journal.

    Prices to access the network, called GBTV, range from $4.95 a month to access Beck’s two-hour show to $9.95 a month for that show plus documentaries and behind-the-scenes programs. Those two options are also available for $49.95 and $99.95 a year, respectively.

    All told, GBTV, could take in as much as $20 million in its first year, according to a source in the article. Those 230,000 subscribers could also trump the 156,000 people who were watching the Oprah Winfrey Network in June. Beck was said to receive a $2.5 million annual salary from Fox News.

    Reps from GBTV could not be reached for comment.

    Beck’s show on GBTV is set to premiere on Monday, a day after the 10-year anniversary of 9/11 and a date evoked by Beck’s 9/12 Project. Beck launched the network in June featuring behind-the-scenes programming. That launch came after ratings for Glenn Beck on Fox News fell from 3 million viewers in January 2010 to 1.6 million in early 2011. In addition, Beck’s provocative right-wing assertions caused more than 100 marketers to pull their ads from the show.

  • Study: Cigarette Smoking Causes More Aterial Damage in Women | Smiles For A Lifetime – Temporary (Locum Tenens) Dentistry – For women – not smoking is important too….:
  • Dilbert September 11, 2011 – Terrific » Flap’s California Blog – Dilbert September 11, 2011 – Terrific
  • Day By Day September 11, 2011 – Free Will | Flap’s Blog – FullosseousFlap’s Dental Blog – Day By Day September 11, 2011 – Free Will #tcot #catcot
  • Flap’s Links and Comments for September 11th on 14:05 | Flap’s Blog – FullosseousFlap’s Dental Blog – Flap’s Links and Comments for September 11th on 14:05 #tcot #catcot
share save 120 16 Flaps Links and Comments for September 11th through September 12th

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share save 120 16 Flaps Links and Comments for September 2nd on 11:12

These are my links for September 2nd from 11:12 to 11:22:

  • The NLRB’s Unlawful Rule – The National Labor Relations Board’s recent rule requiring virtually every employer in America to post a notice describing its employees’ rights under the National Labor Relations Act (NLRA) is reflective of two disturbing trends at the NLRB: first, a myopic and partisan focus on increasing unionization by whatever means, including bold exercises of authority not within the agency’s statutory mandate; and second, a concomitant disregard of protected employee rights to refrain from union activity.

    Under the new rule — enacted just a few weeks after the NLRB proposed to radically shorten the time it takes to conduct secret-ballot elections for union representation, so as to limit employers’ right to express their views about unionization to their employees — an estimated 6 million employers will be required to post a notice in every workplace. Further, if the board finds that an employer’s failure to post the notice was “knowing and willful,” this fact may be deemed presumptive evidence of an “unfair labor practice,” or violation of the NLRA.

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    NLRB requiring posters – how ridiculous is this?

  • Mr. Obama, tear down those union posters – Just in time for Labor Day, the National Labor Relations Board is making sure that unemployment remains high in America.
    Following its attack on Boeing for opening a new plant in South Carolina, and new proposals for quickie union elections, the board will now require employers to put up 11-by-17-inch posters informing workers of their right to unionize.

    On Thursday, millions of unemployed Americans will be watching President Obama's speech to Congress, desperately waiting to hear the president explain how employers will create more jobs.

    Requiring posters won't benefit the 14 million unemployed Americans, but it is another message to employers that the administration regards them with suspicion. Other countries don't require these posters and welcome American businesses to hire their workers.

    The rule, to take effect Nov. 14, is a parting gift from Wilma B. Liebman, the former chairwoman, and a board member since 1997, whose term expired Aug. 28. She believes in unions and their ability to raise workers' incomes.

    The required poster size is larger than for notices for minimum wage, employee polygraph protection, family medical leave, equal employment opportunity and other employee rights guaranteed by Congress.

    If 20 percent or more employees are most comfortable speaking a language other than English, an additional poster in translation must go up. That's two posters.

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    Great!

    9.1% unemployment and the feds are mandating posters.

  • S.C. Gov. Nikki Haley Calls Obama ‘Cowardly’ – South Carolina Gov. Nikki Haley blasted President Obama and the National Labor Relations Board today. She called on President Obama to address the NLRB’s unprecedented lawsuit against Boeing during his jobs speech on Sept. 8. The South Carolina governor made the comments during a conference call with bloggers and journalists this morning.

    Citing the fact that at least 1,000 jobs and the future of American aircraft manufacturing hang in the balance with the NLRB’s lawsuit against Boeing, Haley called the president’s silence on the issue “cowardly” and “unacceptable.” Haley also cited the fact that the current White House Chief of Staff and Commerce Secretary both served on Boeing’s board at the time the South Carolina plant was approved, and demanded that he speak up and go on the record whether he agrees with the NLRB’s actions or not.

  • John Fund: Why Sarah Palin Is Not Running – Rick Perry has already vaunted – at least temporarily – to the front of the GOP presidential pack, leading Mitt Romney by 29% to 22% in the latest Fox News poll that has Palin at 8%. If Sarah Palin decides that 2012 isn’t her year to run, as I firmly believe is the case, but even sweeter revenge could she have on her media adversaries than to give early backing to a kindred conservative spirit who then went on to win the GOP nomination and indeed the presidency?

    That’s why I believe Sarah Palin isn’t running, and why she will ultimately endorse Rick Perry. And if her bet pays off and Perry becomes president, don’t be surprised if the next Secretary of Energy is a certain former Alaska governor who has an aggressive agenda to open up America’s energy resources. Such a platform would also be an effective launching pad for her to start refurbishing her political and policy image.

    Sarah Palin may yet have the last political laugh over her doubters.

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    Agree.

    With the polls as they are and at 47 years old, she is better to wait.

  • Crony capitalism: Perry’s Achilles heel? – For a time, Sarah Palin and Texas Gov. Rick Perry were kindred spirits. They both cheered the Tea Party and sneered at establishment Republicans. But then Perry entered the presidential race. Lately, Palin seems determined to turn up the heat on the governor. Last month, CBS reported on Palin at the Iowa fair:

    Palin also took a subtle shot at Texas governor Rick Perry, who is entering the presidential race on Saturday. Perry is sometimes dismissed as [a] “weak governor” by virtue of the way his state’s government is structured, and Palin seemed to draw out that distinction when asked to contrast their records.

    “You have different functions in the state of Texas and the state of Alaska in terms of governing powers from the governor’s office,” she said, “So it’s tough to compare what the executive duties are. We have a very strong governor’s office . . . but, he’s a great guy and I look forward to seeing him in those debates.”

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    A problem for Perry which will be aired at next week's Presidential debate

share save 120 16 Flaps Links and Comments for September 2nd on 11:12

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share save 120 16 Flaps Links and Comments for September 1st on 06:18

These are my links for September 1st from 06:18 to 16:02:

  • SC Gov. Nikki Haley Calls on Obama to Disband the NLRB; Calls Obama ‘Cowardly’ – South Carolina Gov. Nikki Haley blasted President Obama and the National Labor Relations Board today. She called on President Obama to address the NLRB’s unprecedented lawsuit against Boeing during his jobs speech on Sept. 8. The South Carolina governor made the comments during a conference call with bloggers and journalists this morning.

    Citing the fact that at least 1,000 jobs and the future of American aircraft manufacturing hang in the balance with the NLRB’s lawsuit against Boeing, Haley called the president’s silence on the issue “cowardly” and “unacceptable.” Haley also cited the fact that the current White House chief of staff and Commerce secretary both served on Boeing’s board at the time the South Carolina plant was approved, and demanded that he speak up and go on the record whether he agrees with the NLRB’s actions or not.

    Gov. Haley said she will be the poster child for the right-to-work states as they face off against Big Labor and the Obama administration, and said that Obama is “carrying the unions’ water” in his actions, including the NLRB case. Calling the NLRB a “rogue agency that is doing the most un-American thing imaginable to an American company,” Haley repeatedly called out the NLRB for its refusal to even respond to Congressional inquiries about the Boeing case.

  • Governor Nikki Haley: To Be Silent Is Not Leadership – In a blogger conference call today, South Carolina Governor Nikki Haley had a great idea for President Obama’s big “jobs” speech, which is scheduled for September 7… Whoops!  My bad!  Make that September 8!

    At any rate, if Obama really wants to make a difference with this speech, he’ll follow Haley’s advice and announce, “I’m going to disband the National Labor Relations Board.”

    It will admittedly take a little outside-the-box thinking for the President to see things Governor Haley’s way, but what’s the point of simply rehashing the same old tired, failed Big Government programs?  Obama will own the headlines, for at least a day or two, if he announces the dissolution and restraint of “rogue agencies with a bully mentality,” as Haley described the NLRB.  People will also be much more excited about future Obama speeches.  Right now, they’re all blending together into Max Headroom stutters, with each endlessly repeated talking point costing billions of dollars.

    Governor Haley, of course, has good reasons for her dim view of the NLRB.  Their action against Boeing imperiled a thousand jobs in right-to-work South Carolina – which, as she points out, were not jobs being “stolen” from Washington State, where Boeing’s union workforce resides.  She said she was so taken aback by the unprecedented NLRB action against Boeing that she thought it was some kind of joke.

    Haley said the anti-business actions of the Obama Administration have made the President “the biggest recruiter for other countries,” as American businesses conclude it’s safer to move their operations overseas.  She’s fed up with a chief executive who spends his days executing American jobs.  “How can we in this country have faith in someone who protects unions and federal agencies?” she asked.  “This president works for us.  He owes us answers.  He owes Boeing answers.”

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  • Gov. Nikki Haley: NLRB should be disbanded – After all she has learned about the National Labor Relations Board through her fight on behalf of The Boeing Company, South Carolina Gov. Nikki Haley has come to one conclusion: The agency should be disbanded.

    “What you have is a rogue agency that is doing the most un-American thing imaginable to our businesses,” the governor said this morning on a conference call. “And as we are looking at President Obama to give his speech on jobs, the only thing I want to hear from him, the only thing the people of this country want to hear from him is that he’s going to disband the NLRB or get them to step down from a great American company that chose to do business in South Carolina as opposed to going overseas.”

    The NLRB sued Boeing for its decision to build and open a non-union 787 Dreamliner assembly plant in North Charleston, S.C., claiming the choice was made in retaliation against the company’s unionized workforce in Everett, Wash. Never mind that Boeing has since added more than 1,000 jobs in South Carolina and more than 2,000 jobs in the state of Washington.

    The South Carolina governor feels so strongly that the independent agency shouldn’t exist that she would even support a decision from the lone Republican member of the NLRB to step down. With the recent departure of NLRB chairman Wilma Leibman, such a resignation from Republican Brian Hayes would reduce the board to just two members — i.e., to less than a quorum.

    “Anything that would disband the NRLB, I’d be the biggest cheerleader for,” Haley said.

  • Obama Labor Secretary Hilda Solis Buys Canadian-Built Car – To show her support for American workers, President Obama's labor secretary, Hilda Solis, has junked the standard black limo and purchased a new Chevrolet Equinox to ride around Washington in. The problem: the crossover SUV is built and assembled in Canada from parts also made in Canada.

    Solis proudly arrived at a media breakfast hosted by the Christian Science Monitor today in the shiny silver vehicle, which she has dubbed the "bullet." She was asked about why she traded the standard-issue limo for the SUV. "What better example could I set if I encouraged my staff to go and purchase and seek how we could acquire a vehicle that would for me would send a signal that we're for supporting our American workers, American-made products, fuel efficient as well," she told the Monitor's Dave Cook, who provided this video of her answer.

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    Good research at the Labor Department. NOT

  • Solis: Obama has been focused on jobs – Labor Secretary Hilda Solis on Wednesday rejected criticism from unions that President Obama has not focused on jobs.

    Solis said Obama has “absolutely not” been nibbling around the edges in trying to fix the economy and instead had offered bold solutions to create jobs as the economy struggles. She highlighted Obama’s efforts to help the U.S. auto industry.

    The Labor secretary was responding to criticism from AFL-CIO President Richard Trumka, who last week said Obama has not offered bold enough solutions to fix the economy and has been distracted by Republican demands to bring down the national deficit.

share save 120 16 Flaps Links and Comments for September 1st on 06:18

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share save 120 16 Flaps Links and Comments for August 19th through August 22nd

These are my links for August 19th through August 22nd:

  • NLRB and Labor Department regulations spell trouble – An obscure federal body, the National Labor Relations Board, along with the U.S. Department of Labor recently proposed regulations that will dramatically change how union representation elections are conducted.
    If finalized, these rules will significantly reduce the availability of legal counsel for employers and will limit the ability of employers to exercise their First Amendment rights to free speech.

    Here is how these rules working together will negatively affect businesses.

    One afternoon in 2012 a small-business owner receives notice from the NLRB that a local union has filed a petition for a unionization election. The owner had no idea that union activity was occurring and is shocked to learn that his whole world could dramatically change in just two weeks.

    The owner calls his long-time lawyer seeking legal advice on what he should do to keep the union out of his family business. The owner thinks he needs to give a speech to his employees and asks for help. The lawyer says, "Sorry, I'd love to help you edit a speech, but if I do so then, under the Labor Department's new 'persuader' regulation, I'll have to publicly disclose all of my labor relations clients and what they paid me last year. I can't do that because I'd lose them as clients."

    So, the business owner goes without legal advice. Since he hasn't been in this situation before, he doesn't know all the ways to get into trouble with the NLRB. He inadvertently commits a couple "unfair labor practices" by doing something as simple as disciplining an unruly employee.

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  • South Carolina Governor Haley: NLRB is a ‘rogue agency’ – Gov. Nikki Haley on Wednesday blasted the National Labor Relations Board as a “rogue agency” for taking action against Boeing Co. for allegedly union busting by building a $1 billion plant in South Carolina.

    Appearing on “Fox & Friends,” Haley said she strongly supports Boeing, which has been accused by the NLRB of locating the plant in South Carolina, where unions are weak, and shifting workers there to retaliate against employees in Washington state for past strikes at the aircraft maker’s facilities.

    Haley said she thinks the NLRB is out of bounds and wants to prevent the same thing from happening in other states.

    “I’m a governor that’s committed to making sure this doesn’t happen to other governors,” she said.

    Haley, a Republican, blamed President Barack Obama for the NLRB action against Boeing.

    “For a president who claims he’s about job creation, he’s done nothing but try to kill all our American jobs,” she said.

    Boeing, which is building the 787 Dreamliner at the South Carolina facility, has said there’s no basis for the NLRB case.

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    Indeed they are.

  • Political dispute over Boeing plant escalates – The Republican-led battle against the chief federal labor agency is escalating, with the head of a key congressional oversight panel and the top lawyer for the National Labor Relations Board accusing each other of flouting constitutional and legal constraints.

    The fight is ostensibly over the NLRB's bid to prevent Boeing from opening a jet-manufacturing plant in South Carolina. But GOP lawmakers are portraying it as Exhibit A in their case against President Barack Obama's alleged regulatory overreach.

    The dispute began in April when NLRB acting general counsel Lafe Solomon said there was potential merit in a complaint by Boeing's main union that the aerospace giant built the North Charleston, S.C., factory in retaliation for past strikes at its large plant in Everett, Wash., near Seattle.

    Boeing says it decided to make 787 Dreamliner planes in South Carolina, a right-to-work state, because of legally protected business factors.

    Among the factors Boeing cites are the South Carolina state government's granting of $900 million in tax breaks, and concerns over delays in completing deliveries to airlines around the world that have ordered more than 800 of the next-generation aircraft.

    The dispute is now before NLRB administrative law judge Clifford Anderson. In June, he rejected Boeing's motion to dismiss it and is hearing evidence from the Chicago-based firm and the International Association of Machinists and Aerospace Workers.

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    Read it all.

    As the Presidential campaign comes to South Carolina this will be an issue.

  • Burbank Man Arrested for Feeding Pigeons Posing Risks to Airplanes at Bob Hope Airport » Flap’s California Blog – Burbank Man Arrested for Feeding Pigeons Posing Risks to Airplanes at Bob Hope Airport
  • Welcome to Flap’s California Blog » Flap’s California Blog – Welcome to Flap’s California Blog
  • North Carolina Free Clinic Treats About 2,700 Dental Patients | Smiles For A Lifetime – Temporary (Locum Tenens) Dentistry – North Carolina Free Clinic Treats About 2,700 Dental Patients
  • President 2012: Former New York Governor George Pataki to Run for President? | Flap’s Blog – FullosseousFlap’s Dental Blog – President 2012: Former New York Governor George Pataki to Run for President? #tcot #catcot
  • Flap’s Dentistry Blog: Convicted Murderer Charged With Soliciting Murder Over Loan for Dental Work – Convicted Murderer Charged With Solicitng Murder Over Loan for Dental Work
  • Day By Day August 20, 2012 – Open Season | Flap’s Blog – FullosseousFlap’s Dental Blog – Day By Day August 20, 2012 – Open Season #tcot #catcot
  • Day By Day August 21, 2011 | Flap’s Blog – FullosseousFlap’s Dental Blog – Day By Day August 21, 2011 #tcot #catcot
  • @Flap Twitter Updates for 2011-08-21 | Flap’s Blog – FullosseousFlap’s Dental Blog – @Flap Twitter Updates for 2011-08-21 #tcot #catcot
  • Flap’s Links and Comments for August 19th on 12:31 | Flap’s Blog – FullosseousFlap’s Dental Blog – Flap’s Links and Comments for August 19th on 12:31 #tcot #catcot
  • @Flap Twitter Updates for 2011-08-20 | Flap’s Blog – FullosseousFlap’s Dental Blog – @Flap Twitter Updates for 2011-08-20 #tcot #catcot
  • Gregory Flap Cole: "@CEP_Observer You do know …" « Deck.ly – @CEP_Observer You do know I am no longer in private practice? Yes, they are and are important for screening… (cont)
  • foursquare – Home after the long run. Now time for some Lock Up, Hard Time and Kool-Aid (@ Home)
  • foursquare – Post 14 mile run with Alice, Tara, Nancy, and Mary (@ Ronnie's Diner w/ 3 others)
  • Shocker: California State board finds very few pay tax on out-of-state goods – As Amazon.com gathers signatures to reverse a new online tax collection law, the state Board of Equalization said Friday that a mere 0.42 percent of personal income tax filers paid use tax on their 2009 out-of-state purchases.

    The board, which administers sales and use tax collection in California, issued a new four-page review of use tax behavior in 2009. The state collected $10.4 million in use tax payments from personal-income tax returns that year.

    Under long-standing California law, taxpayers are supposed to self-report use tax on remote purchases from out-of-state businesses, though very few do so. Democrats passed a different law in June that attempted to force out-of-state retailers like Amazon.com to collect those taxes.

    BOE researchers found that wealthier taxpayers participated in greater frequency and paid more use tax to the state. Their report showed that 1.12 percent of households making more than $100,000 in adjusted gross income paid use tax, compared to 0.15 percent of those reporting between $0 and $30,000. It also showed that those above $100,000 paid on average $311 in use tax, compared to $76 for those making between $0 and $30,000.

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    What a shocker!

  • Jerry Brown removing GOP appointees from key water panel – In his latest move to reverse GOP appointments, Gov. Jerry Brown will replace former Sen. Dave Cogdill and water agency leader Paul Kelley on a key panel that will shape decisions on water storage and a possible Delta canal, the governor's spokesman confirmed Friday.

    Cogdill was the chief GOP legislative negotiator on the historic 2009 water deal that placed an $11 billion bond on a future statewide ballot and reconstituted the California Water Commission. His subsequent appointment by Gov. Arnold Schwarzenegger to the nine-member commission was considered part of the bipartisan deal struck that year by lawmakers and the former Republican governor.

    Kelley is a former Sonoma County supervisor and former director of the Sonoma County Water Agency. A Republican, he serves as president of the Association of California Water Agencies, a key player in the 2009 water talks.

    Brown and Republican lawmakers have been at odds, particularly since talks broke down over a state budget deal in June. Republicans have accused Brown of rescinding past promises made by Democrats in bipartisan agreements and see the Cogdill move as the latest example.

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    So, what else is new?

    Jerry Brown is a cry-baby partisan who failed as Governor the forst time and is failing today.

  • Older Americans with a College Education Have Better Emotional Health After Age 65? | Smiles For A Lifetime – Temporary (Locum Tenens) Dentistry – Older Americans with a College Education Have Better Emotional Health After Age 65?
  • Flap’s Dentistry Blog: There is an APP for Your Dental Lab Prescription Dentists: Dental Rx – There is an APP for Your Dental Lab Prescription Dentists: Dental Rx
share save 120 16 Flaps Links and Comments for August 19th through August 22nd

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share save 120 16 Flaps Links and Comments for April 25th on 17:30

These are my links for April 25th from 17:30 to 17:32:

  • Mitch Daniels: I would have backed Haley Barbour – In a statement sure to stoke speculation about his presidential intentions, Mitch Daniels said Monday that he would have backed Haley Barbour had the Mississippi governor not opted out of a White House bid.

    “Haley Barbour is a great citizen; he’d have made a great president," Daniels, the Indiana governor, said in a statement. "I’d have been proud to try to help him had he chosen to run."

    Continue Reading
    Daniels, who first became friends with Barbour when they served together as 30-somethings in the Reagan White House added: "The Barbours have been close and true friends to the Daniels family, and we will always be 100 percent supportive of any decision they believe is best for them.”

    Daniels has said in the past that he would likely not run if Barbour is in the race.

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    Now, will Haley Barbour reciprocate?

  • Motion to Vacate Judge Walker’s Anti-Prop 8 Judgment for Failure to Recuse – It is important to emphasize at the outset that we are not suggesting that a gay or lesbian judge could not sit on this case.  Rather, our submission is grounded in the fundamental principle, reiterated in the governing statute, that no judge “is permitted to try cases where he has an interest in the outcome.”  Surely, no one would suggest that Chief Judge Walker could issue an injunction directing a state official to issue a marriage license to him.  Yet on this record, it must be presumed that that is precisely what has occurred.  At a bare minimum, “[r]ecusal is required” because former Chief Judge Walker’s long-term committed relationship, his failure to disclose that relationship at the outset of the case, his failure to disclose whether he has any interest in marriage should his injunction be affirmed, and his actions over the course of this lawsuit give rise to “a genuine question concerning [his] impartiality.” 

    We deeply regret the necessity of this motion.  But as the Supreme Court emphasized earlier in this very case, “[b]y insisting that courts comply with the law, parties vindicate not only the rights they assert but also the law’s own insistence on neutrality and fidelity to principle.…  If courts are to require that others follow regular procedures, courts must do so as well.”  The “regular procedure” here requires adherence to the principles that a judge may not sit on a case when “his impartiality might reasonably be questioned,” 28 U.S.C. § 455(a), and certainly not when he has an “interest that could be substantially affected by the outcome of the proceeding,” 28 U.S.C. § 455(b)(4).  Proponents ask only that these principles be applied faithfully and neutrally here as in any other case.

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    The failure to disclose will doom this case

share save 120 16 Flaps Links and Comments for April 25th on 17:30

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