Thursday, May 28, 2009

Discussing Judge Sotomayor's Nomination, Part II

I am not a legal scholar, but I want to base my remarks and arguments on facts rather than conjecture. To do this, I must depend on the reliability of others' reporting. I am including a link to the CNN review of her record which I am using as my primary source of information for this purpose. Note that this article somewhat confusingly lists her cases which have been reviewed by SCOTUS twice each.

My initial reaction to Judge Sotomayor's nomination is probably best described as a resigned disappointment. After this limited amount of investigation, I am mildly surprised at her selection on judicial terms. I remain convinced that she has been chosen because she is a capable judge who is a woman and is of Latino descent - and the President wanted to nominate a Justice who met both of those criteria - and because her inspiring life story will assist her popularity through the confirmation process.

Per my 'judicial terms selection surprise', as I review the list of cases she's had reviewed by the SCOTUS (and I have done no investigation to speak of beyond this article and others like it which cite largely the same facts), I am struck by the percentage of her cases which are overturned. I do understand that she's replacing Justice Souter - and that he has frequently sided with her - and that Conservatives won't agree with her on some issues.

But of the seven cases cited here, (only six of which have finished their review) four times she was overturned, once she was unanimously overturned, and even in one of the times she was upheld they unanimously rejected her reasoning. I wonder how common it is for a judge to twice have been corrected unanimously... and then be promoted to the SCOTUS.

One reason I chose the CNN article was the paragraph quoting more fully Sotomayor's discourse at Duke. It also discusses the comments at Cal-Berkeley which are probably the basis for Gov. Huckabee's remark about "taking the blindfold off" of Lady Justice. The Berkeley remarks are another can of worms alotgether.

When I read the quote of her Duke remarks I have mild concerns about her beliefs. But I saw the video of those remarks and I am alarmed that her excitement about being part of the Appellate Court system comes from her assent to the "policy-making" role she sees the Court system having. I know she qualified the remarks after she remembered that she was being taped, but I can't stop being troubled by what I heard.

As stated before in the FB dialogue, when justices and judges step away from interpretation and into making policy, that's where I believe the system goes astray. That's why I'm alarmed.

Discussing Judge Sotomayor's Nomination, Part I

This is the beginning of a recent discussion from my Facebook page. It started with my snide remark in reaction to Judge Sotomayor's nomination and my having seen her comments to a Duke University forum. I've edited the transcript only to provide easier reading, but have not removed any content from the remarks.

The initial post was my FB status:
Alan Johnson thought that policy was to be "made" by legislatures, not appellate courts. I guess that was part of the "Change".

Audrey Mae DeNeui at 8:36pm May 26
And a friend of mine says she's a Yankee's fan, to boot!

Frank R Kennedy III at 9:26pm May 26
She has been photograhed in a Red Sox hat. She wrote in a dissenting opinion that her colleagues were legislating. Which"opinions" offend you on an activist level?

Audrey Mae DeNeui at 9:42pm May 26
This other guy's a White Sox fan, I guess. It's not like we can actually do anything about it, other than satirize.


Audrey Mae DeNeui at 9:43pm May 26

She may be a very nice lady.

Alan Johnson at 8:38am May 27
The primary opinion which offends me is the one she expressed at Duke University that "appeals courts which is where policy is made". That is expressly the attitude which has blurred the separation of powers and led to the legislation from the bench such as Roe v Wade.

Frank R Kennedy III at 9:27am May 27 via Facebook Mobile
At the same conference she said she didn't agree with that, but she did recognise it happens. What on her judicial record is activist?

Audrey Mae DeNeui at 9:54am May 27
There's that captain's test for the fire department thing...You know, when someone gets nominated for anything, people start examining his/her life with electron microscopes. Not that we shouldn't examine folks who will be our leaders, but it is impossible to please everyone. It would be werid to expect, given the current admin's political bent, ... Read Morethat a strict conservative constitutionalist would be appointed, wouldn't it, now? Which is why I'm not upset about this or anything else, political-wise. Look at what just happened yesterday out here in California.

Alan Johnson at 10:59am May 27
My discomfort remains in the opinion she expressed at Duke... and I heard her qualification and attempt to backtrack upon remembering that she was being taped. I didn't accuse her of having written activist decisions. I am concerned that she really holds the perspective that the courts are where policies are made... since that's what she expressed. I expect her nomination to be confirmed. I don't expect to ever believe that she was the best choice. She was the politically expedient choice.

Audrey Mae DeNeui at 11:27am May 27

I saw that tape, too. I laughed. By the way, how's your ankle?

Frank R Kennedy III at 2:53pm May 27 via Facebook Mobile
So there is no opinion feom the bench that offends you? She ruled in favor of the abortion gag rule. She has been quoted as saying that she doesn' t believe appeals court should make policy...more than once. Have you seen more that 'Duke' clip?

Frank R Kennedy III at 2:56pm May 27 via Facebook Mobile
She agrees with you that policy is made in courts, she like you doesn't condone it.

Frank R Kennedy III at 6:25pm May 27
If I said I know that people speed on the highway and its dangerous....does it mean I condone it. Perhaps? If I had speeding tickets, that would be evidence. She made over 3000 court opinions -- that seems to be a good point of attack not a statement of observation (Duke comment).

Alan Johnson at 9:43am May 28
Frank, Let's take this to my blog (awjblog.blogspot.com) where we can deal with it in a better format than FB wall posts. I'll copy the discussion to date there and publish your posts as written. Interested parties can follow from there.

Wednesday, April 01, 2009

The Scoop: I Have Been Laid Off

Friends,

I have been notified that my job at Nationwide has been eliminated. Since the organization that I was a part of has access to sensitive information, I will be paid for the next sixty days but I have been released from my job responsibility immediately. Effective June 1st, I am unemployed.

While no one who receives such news is happy about being let go, I am somewhat relieved to have resolution to an issue I have seen coming for many weeks.

Nationwide has been my employer, but Nationwide has never been my Provider. My Provider is God and God alone. He will provide for our needs through this transition as He has provided for us our whole lives. How our lives change because of this job change, obviously, we don't know yet.

What I do know is that God is present with us, He knows our situation, and He owns the cattle on a thousand hills.

Please pray that He gives us clear direction for the future.

Sunday, February 08, 2009

Alan's 25 Random Thoughts

1. A large part of me wants to sort this list of thoughts by importance, but I’m resisting that temptation because the title of the list is supposed to be “random thoughts”.
2. I really enjoy reading my friends’ thought lists so I’m assembling one of my own to reciprocate their sharing.
3. Grace is undeserved favor - getting what you don’t deserve. As I grow older I find it permeates my life. I wish I was good enough to deserve some of the blessings in my life, but I’m glad I have them all the same.
4. I love to watch sports. I frequently get too emotionally involved in them for my own good. My teams have very rarely won championships and the frequent disappointments make me wish I didn’t care and make me wonder why I do.
5. My wife is amazing… a primary example of me receiving something I don’t deserve.
6. Parenthood is incredible.
7. I often wonder if I missed a call to be a preacher. I ask God about that frequently. I haven’t yet recognized a response.
8. I have found a good Christian discipleship ministry. I grow spiritually from things I learn from Chip Ingram’s podcasts at Living on the Edge (www.livingontheedge.org).
9. It drives me nuts that I can’t seem to control our spending well enough.
10. I love my children. It is hard to let them grow up and make decisions which are different than I would make. All I can do is love them, pray they don’t get hurt too badly, and be ready to help them as I can. Parents, your window of influence in your childrens’ lives is temporary.
11. I am surprised at how much I enjoy ballroom dancing classes with my wife.
12. I love deer hunting. I love that I learned it from my Dad and my brother. It doesn’t hurt that I enjoy eating venison. ;)
13. I enjoy teaching (Sunday School, Boy Scouts, or wherever). My father taught for a living. I admire educators who care about their students.
14. I have a tendency to be overdramatic.
15. For a job I manage computer programmer types. I think I’m a pretty good manager in that I do the important stuff well… but lately I’ve really been poor at some of the little things.
16. Some days I seem about as observant as a washcloth.
17. America won’t see significant economic revival with band-aid “stimulus” spending bills; especially if the spending is based so much on debt. We need to quit taxing income and start taxing consumption… until we go to a system like the Fair Tax, other efforts won’t make much of a difference.
18. Rev. Rick Warren’s popular book “A Purpose Driven Life” has the best topic sentences I’ve ever seen. You could get the sense of the entire book just by reading the first sentence of each of the forty chapters. Chapter One starts with “It’s not about you.”
19. America’s biggest problem isn’t economic – it’s moral. Many of us live as if we’re the center of the universe and we can do as we please without consequences.
20. I appreciate the friends in my life who care enough to confront me when I’m wrong… especially if they’re kind while they’re doing it.
21. My younger two kids are ten years separated from their older three siblings. I love all five of the kids. It’s really fun to be reminded of the first three’s childhoods by stuff we see the latter two doing. It helps ease the pain of seeing the older three grow up and leave (or prepare to leave) the “nest”.
22. I love to laugh. I enjoy making others laugh when I can.
23. I admire Millard Fuller, who founded Habitat for Humanity. He wasn’t perfect, but he had a deep if indirect impact on the lives of more than one million people in need.
24. I wish my church was larger, but I wonder if that isn’t merely a pride thing.
25. I had my first opportunity to go snorkeling this past summer. I loved it. It was like swimming in an aquarium.

Tuesday, January 20, 2009

A Couple of Firsts

Today the nation completed another peaceful transfer of power. It's always a point of pride that we do that so well. History is loaded with political leaders who never willingly step off the stage. I'm thankful that Americans haven't gone there... once an election has been decided, the transition is peaceful and usually smooth.

It's well documented that this is the first African-American President. I'm glad for America that we have shown that minority candidates can be elected. It's now not just empty talk that there is opportunity at all levels in America. Real equality will come should he be judged on the quality of his leadership rather than favored merely for the pigment of his skin.

The second "first" is one thing that concerns me, and I hope it to be an unfounded concern. This is the first day that President Obama has ever been an executive in charge of anything. He has spent his career organizing communities and sitting on committees in legislatures. Legislators have hours to ponder issues and can vote "present" when it's inconvenient for them to take a stand. As President, Obama now must make decisions on the spot and there's no avoiding the difficult issues.

I remember how angry many liberals were with Bill Clinton after his Inauguration when it became apparent to them that he wasn't doing everything they wanted. I wonder how President Obama will keep his vast following happy. It seems that Rep. Pelosi is already complaining about his economic package (surprise, surprise).

I pray that God will pour upon this man the wisdom and courage he'll need to lead this country. He's our President now. Let's hope he has good judgment and leadership abilities.

Sunday, January 18, 2009

Goodbye, Jenn

Jenn Viveiros was taken from us Saturday. A close friend to my teenagers and a frequent participant in the church youth group with them, Jenn was friendly and upbeat. She enjoyed many ultimate frisbee games in the church back yard with David, Seth, Zach, Aly, and Sam (and many others).

How can we make sense of this tragedy? I don't believe we can. Some things I may never know nor understand. It may never make sense to me.

The pain is stark, blunt, and hard. I cannot imagine the agony her parents must be experiencing. I can see the impact her loss is already having on my family.

May God help us all to get through this.

Tuesday, November 04, 2008

You asked for it, America.

As I write this I'm seeing the White House go to Sen. Obama (who has never been in charge of anything). It is thoroughly underwhelming.

I walked away from the television after having heard enough gloating to last a lifetime (before 10pm).

What I fear this means I described in my previous post. I pray that I'm wrong.

My anger may settle... I cling to my God (and any guns I may own) while ambiguous "CHANGE" is imposed upon me.

Wednesday, October 29, 2008

I've been overdramatic most of my life...

I can remember other elections in the past when I was sure a particular outcome would have tragic results. I comfort myself now with the hope that I was occasionally way off base in those thoughts. Maybe I'm being overly pessimistic again.

Nonetheless, I can not escape the sick feeling of bitterness in my stomach that America is about to entrench itself further into making abortion a permanent stain on the American landscape.

My imagination runs wild with what the Democrats would do with possession of the White House along with super-majorities in both houses of Congress.

I think one should expect that during an Obama administration with both houses of congress in Democratic control the following will happen:
* Abortion will remain legal at any time in any manner for any reason (or no reason) and any attempt to restrict it will be destroyed.
* Christians (and Muslims) will increasingly face pressure to conform to the tyranny of political correctness. Houses of worship of any faith will be made to submit to "hate speech" rules of political correctness regardless of the position of their faith's beliefs. I believe this will impact Christians and Muslims alike who may believe that homosexual activity is wrong. Preachers will no longer be permitted to declare their faith's beliefs without fear of legal problems.
* Private youth organizations and private colleges and universities will be forced to either admit practicing homosexuals as leaders contrary to their doctrines or close.
* Taxes will go up. (This pales by comparison in importance when next to the first point, doesn't it?)
* Government will grow... a lot.
* American involvement in foreign conflicts may or may not go down. Foreign conflicts being brought into our borders will multiply.
* Illegal immigration will remain out of control. (to be fair, Sen. McCain also plans to do nothing about this one)
* America will become even less competitive economically than it is today.
* Chinese control of our economy will grow as our debt multiplies.

These are some of what I envision to be in our future should Sen. Obama and the liberals win this election. That's why I'm so worried.

I feel our generation has been given a wonderful gift of opportunity by our predecessors (at a very dear price which includes the sacrifices of the Civil and two World Wars); but that we are collectively turning to self-gratification and are setting ourselves up for judgment in the near future.

My thoughts on the present collection of issues are dominated by abortion. I can not escape believing that we can not continue to murder thousands of unborn infants and still escape without consequences.

It's easy and popular in America to look down our noses at Nazi Germany during the thirties. We console ourselves as having been on the side of the "right" in that situation. It's not hard to imagine how we'd have reacted if we'd been there during that time. We picture ourselves as willing to stand up for the oppressed and helpless as they're being killed. But how is this so different from that?

The situation isn't so simple, I know that. But the fact remains that thousands dead, and most of America seems OK with that. I am not OK with it. I fear it is killing each of us inside to let this continue. The Bible calls that sin.

So that's the summary of my discontent as the press tells us of the coming Obama presidency.

Friday, July 11, 2008

Beginning a Post-Huckabee-Campaign Time in My Blog

I lost a lot of my desire to update a blog in the months following the withdrawal of Gov. Huckabee from the presidential campaign. I continue to believe that his positions are / were much better than those of anyone else remaining in the field.

Gov. Huckabee has heartily endorsed Sen. McCain and is working towards helping him get elected. I strongly prefer McCain over Sen. Obama (and Sen. Clinton as well) but I have difficulty convincing myself to encourage others to support McCain... he really appears to be the consummate Washington politician. I agree with more of his positions than I do Sen. Obama's... and some of those differences are about issues I care deeply about. But where Gov. Huckabee provided a hope to move beyond the politics as usual, Sen. McCain is the stereotype of politics as usual.

May God have mercy on America for such poor choosing of leadership. May He replace the leadership of the National Right to Life organization that endorsed Fred Thompson instead of Gov. Huckabee.

And with that I've decided to begin moving past Presidential politics for blog material.

Sunday, June 22, 2008

Even Though Huckabee Won't Be Elected...

... the country still needs the FairTax desperately.

Instead we insist on choosing between two men who sit on committees for a living and we tell ourselves that they're the right ones to lead our country onward. One spouts the word "change" but neither of them have ideas that will make a positive impact on the country anything like the FairTax would.

Friday, March 14, 2008

Upon Further Review... Little Has Changed

Ten days after Gov. Huckabee was defeated in the Republican primaries of Ohio and Texas, some of my anger has subsided. My disgust has not.

A friend who is a Republican asked me if I would now support Sen. McCain in the general election. My initial response to him was that perhaps Sen. McCain should seek support among those who believe like he does: those who support amnesty for illegal immigrants, those who opposed the Bush tax cuts, and those who support embryonic stem cell research. (I then noted that most of those voters are already supporting either Barack Obama or Hillary Clinton.)

The Republican party continues to ignore the Sanctity of Life issue... after years of tolerating a pro-choice Republican in Deb Pryce, my district has nominated yet another pro-choice Republican in Steve Stivers. Stivers' opponent in the primary was Robert Wagner, who also ignored the entire Sanctity of Life issue on his campaign website. Again pro-life voters had and have no congressional candidates to vote for in Ohio's 15th District. It's quite the irony that there is no "choice" on the Sanctity of Life issue for Ohio's 15th District.

The issues that are most important to me and which led me to support Gov. Huckabee for President were the Sanctity of Life, support of the FairTax, and decreasing the size of government. The Republican Party does not seem to have learned anything from their free-spending ways which led to their defeats in 2006.

I don't see myself supporting either Sen. McCain nor Steve Stivers in the fall. There's just not much difference between their positions and those of their Democratic opponents in the issues which matter the most to me.

Tuesday, March 04, 2008

Huckabee Defeated

I am angry beyond my ability to describe.

I'd like to play the good sport and congratulate the winner but this isn't a stupid game. Unborn babies will continue to be murdered because of the choices Americans made tonight in Vermont, Texas, Ohio, and Rhode Island.

I see how little John McCain motivates conservatives and I wonder if the leadership at National Right to Life are proud of their endorsement of Fred Thompson. May God replace them all.

I believe the Republican party has forfeited the general election. May God grant health (and a desire to work four more years) to the Supreme Court justices who survive until the end of Pres. Bush's term.

The Conservative Movement's New Leader

Here's an excellent article by Janet Folger at WorldNetDaily...

Monday, March 03, 2008

Hey - Who's that Guy?



I got to meet Gov. Huckabee before last week's rally in Columbus. I didn't get much time to talk with him, and I wish I'd have focused that time more on him than on getting pictures taken; but hindsight is always 20/20.

Dallas Morning News' Endorsement

This is the endorsement of the Dallas Morning News announcing their support for Mike Huckabee's presidential campaign.

Sunday, March 02, 2008

Home Stretch for Ohio & Texas

I got to meet Gov. Huckabee last Tuesday just prior to his rally in Columbus. I'll post a picture shortly.

Today I spent a few hours with some dedicated Huckabee supporters at a Gun Show on the west side of Columbus. My first trip to a gun show was an enjoyable time. Here's hoping that many of those gun owners will step up and protect our 2nd Amendment rights this Tuesday with votes for Gov. Huckabee.

Thursday, February 21, 2008

Here Comes Huck... to Columbus!

Huck at the Hyatt! Gov. Huckabee will be attending a rally at the Hyatt Regency (Delaware Room) at 350 N High St in Columbus Tuesday at 1pm.

RSVP to robert.kuykendall@explorehuckabee.com

Monday, February 18, 2008

Wednesday, February 13, 2008

Why Are the Republicans Chasing John McCain...

... because Gerald Ford and Bob Dole are not available?

It appears that the Republican establishment is chasing after a candidate in John McCain who can't even win the majority of red states in his own party.

McCain was outpolled by Barack Obama in Virginia - a historically red state - by 619,036 to 242,578!! McCain has so motivated and inspired the Republicans in this Republican stronghold that the Democrats outvoted Republicans by two to one!!

John McCain is NOT inspiring new voters to the Republican cause. He is NOT part of the solution to the problems Washington has created -- He embodies Washington!

What piece of twisted logic causes Republicans to delude themselves into thinking that he will have a prayer of competing against the younger inspiring Barack Obama? Obama is promising voters ambiguous "change" for change's sake. He tells the masses that the government under Obama will solve all their problems (and they believe it will happen for free). How is it that conservatives think McCain will compete with that if he can't even exceed a third of the raw vote in Virginia of all places? Virginia is not Massachusetts or New York.

There needs to be a stark contrast between what the Dems promise and what the Republican nominee proposes. That contrast does not come from John McCain. Obama and Clinton oppose the Bush Tax Cuts - so did McCain (until he wanted the Republican nomination).

Republicans need to stop staring at the POW piece of McCain's past - we're aware of that, it's honorable, but it's not going to win this election. Remember also the McCain-Feingold and McCain-Kennedy pieces of his past. This man is only conservative when it is convenient.

By contrast, Mike Huckabee is a true conservative who has in Arkansas a demonstrated record of attracting non-Republican voters as well as Republicans. He is the only remaining candidate with any experience at all as an executive. His FairTax is a stark contrast to the Democrats' increased taxing and spending. His consistent stand for the Sanctity of Life is well-known - only he favors amending the Constitution to preserve the life of unborn children. Mike Huckabee, not John McCain, opposes the Brady Bill's imposition on 2nd Amendment Rights. Mike Huckabee, not John McCain, has defeated the Clinton machine in Arkansas four times. Mike Huckabee, not John McCain, can communicate, inspire, and motivate on par with Barack Obama.

If Republicans really want to win the White House, time is running short. The time is now to support Mike Huckabee.

Tuesday, February 12, 2008

Tomorrow's Hope

WarrenPiece has produced another impressive video.

I like the mention of "former favorites who quit the race" and how he notes that the pundits "preferred their own projections above election results".