Archive for August, 2016
» posted on Saturday, August 13th, 2016 at 6:00 am by OutwithJoe
Could Barack Obama and His Successor, Presumably Hillary Clinton or Donald Trump, Re-Write the 1964 Civil Rights Act Anytime They Want?
National Center for Public Policy Research Asks Major Software Company Why It Argues In Court That Assigning the Use of Public Restrooms and Showers by Biological Sex Is Illegal “Sex Discrimination”
U.S. Department of Justice Argues that 1964 Civil Rights Act, 1972 Education Act and 2013 Education Act All Make Traditional Biological Determinations of Sex Illegal Under Federal Law
68 Corporations, Including Red Hat, Claim the DOJ is Right
But When Did Congress Pass a Law Saying the Very Idea of Biological Sex is Illegal Discrimination?
Answer: It Didn’t.
Does Red Hat Believe the DOJ Can Re-Write Federal Law Any Way It Wants? Does It Argue that Donald Trump or Hillary Clinton Can, Too?
Raleigh, N.C. / Washington, D.C. – At today’s annual meeting of Red Hat shareholders held in Raleigh, North Carolina, the National Center for Public Policy Research asked management for the legal rationale behind the company’s argument that assigning sex based on physiology constitutes illegal “sex discrimination” under federal law.
North Carolina passed a law, known as HB2, determining that public restrooms, locker rooms and shower facilities, including some in educational settings, should be used by individuals based on their biological sex. The U.S. Department of Justice (DOJ) has gone to federal court to argue the law should be thrown out because assigning sex by biology constitutes illegal “sex discrimination.”
The DOJ is arguing that under the 1964 Civil Rights Act, the 1972 Education Act Amendments and the 2013 Violence Against Women Act, assigning a person a sex based on their physiology constitutes illegal sex discrimination.
National Center General Counsel and Free Enterprise Project Director Justin Danhof, Esq., asked Red Hat’s management at the meeting just when it became illegal to assign sex by biology.
Danhof asked the Red Hat management:
This case is about much more than diversity. This is a question about law.
Is it the position of Red Hat’s management that Congress, when it voted for the 1964 Civil Rights Act and the 1972 Education Act Amendments, intended “sex” to be a mental state or belief about one’s sex not necessarily related to biology or physiology?
Or is it the position of Red Hat’s management that Congress, when referring to sex in 1964 and 1972, meant the term to refer to biological males and females, and that the definition of “sex” in federal law has simply changed over the years?
If the definition of “sex” has changed, how did it change in federal law without Congress voting to change it and no federal court ruling redefining it?
Or is it the position of Red Hat that the executive branch can change the core meaning of federal laws all by itself?
In response, Red Hat CEO James Whitehurst largely deferred to the company’s general counsel, Michael Cunningham. Company executives claimed that they signed the brief based on public policy reasons, fearing that HB2 would lead to discrimination. Cunningham then tried to parse the legal procedure of the case by stating that the company signed onto a brief supporting an injunction on HB2 until the full case on the merits is litigated – and that the company didn’t necessarily back DOJ’s full lawsuit.
“I pressed Red Hat’s executives on the claim that they only signed a brief supporting an injunction. I pointed out that this was a distinction without a difference since the brief that Red Hat signed and the DOJ’s brief on the merits apply the same logic and much of the same legal principles. At that point, Cunningham conceded that the company did support the DOJ’s primary position regarding HB2 and thought the law should be overturned,” noted Danhof.
“I left the meeting with the sense that the company is fully supporting the Obama Administration’s effort to rewrite federal law and that it somehow thinks the DOJ is justified in this extra-Constitutional action,” said Danhof. “So I warned Red Hat’s executives that they are supporting a potentially precedent-setting case with ramifications far beyond North Carolina’s HB2 law – and that in the future they should take a much more earnest look at all the issues before getting involved in legal cases that have almost nothing to do with the company’s operations.”
The core of the Department of Justice’s case is that the DOJ can re-define the meaning of “sex discrimination” in the 1964 Civil Rights Act and in Title IX of the 1972 Education Act, two of the most influential civil rights laws ever adopted by Congress. By endorsing the DOJ’s position in the case, Red Hat and the other corporations have explicitly endorsed allowing the executive branch to re-write federal law.
“Does corporate America really believe the executive branch can re-write federal law anytime it wants?” asked Amy Ridenour, chairman of the National Center for Public Policy Research. “Because the companies are arguing either that Members of Congress in 1964 and 1972 intended the word ‘sex’ to refer not to biological men and women but to a fluid definition individuals can change, even repeatedly, or that Congress changed the definition since those laws were passed. But if Congress changed those laws, when did it do so?”
“Red Hat and 67 other major corporations, including Nike, General Electric, American Airlines and United Airlines, IBM, Dow Chemical, Capital One and many others are arguing that the executive branch – that means Barack Obama and soon, presumably, Donald Trump or Hillary Clinton – can change laws anytime he or she wants,” added Ridenour. “All these corporations should be explaining to their shareholders why they have gone to court arguing that the separation of powers laid out in the U.S. Constitution, which says Congress passes the laws and the executive branch enforces them, is no longer in effect, and when and how that change took place.”
“If these 68 corporations and the DOJ prevail in their case and the executive branch does get the power to re-write federal law by itself,” Ridenour concluded, “they had better hope no anti-business politician ever gets elected President of the United States.”
On March 23rd, North Carolina’s legislature passed HB2, formally titled the “Public Facilities Privacy and Security Act,” often called North Carolina’s restroom and shower law. Among other things, the law states that individuals must use public restrooms corresponding with the sex on their birth certificate (transgender individuals can change the sex on their birth certificate after gender reassignment surgery). On May 9th, the Justice Department filed suit seeking to halt the law’s implementation. On July 8th, 68 major corporations, in conjunction with the Human Rights Campaign, filed a legal brief supporting the Justice Department’s position. The trial is tentatively scheduled to start November 14.
“Who uses which public restroom, locker room or public shower facility in the Tar Heel state has nothing to do with Red Hat’s international software business,” added Danhof. “Yet, Red Hat and 67 other major corporations are actively involved in litigation supporting the federal government’s attempt to block North Carolina’s common sense public accommodation law. Unfortunately, many of these corporations probably have no idea what they are really doing is supporting the U.S. Justice Department’s efforts to upend the rule of law and separation of powers.”
“Also, where is all this supposed discrimination? To hear these corporate executives talk or read the words in their legal brief, one would expect widespread news coverage of constant discrimination of transgender individuals across North Carolina. The dearth of such stories speaks truth to these lies of discrimination,” Danhof concluded.
In July, the National Center issued a press release criticizing the 68 companies, including Red Hat, that are working with the Obama Administration to give the executive branch more power in rewriting federal laws. In that release, Danhof noted:
Besides offending the sensibilities of millions of Americans and North Carolinians who don’t wish to have grown men and young girls in states of undress in the same public facility, the Justice Department’s lawsuit seeks to fundamentally alter the rule of law. Obama’s Justice Department has long sought to include self-identified transgender individuals as a protected class under Title VII of the 1964 Civil Rights Act and Title IX of the Education Act Amendments of 1972. Since the DOJ doesn’t have the Constitutional authority to rewrite laws, it is trying to seek the same result by establishing precedent with this court case. Such a result would irreparably damage America’s unique separation of powers and open the floodgates for increased executive branch control over state and local matters.
If the government is going to extend the Civil Rights Act to cover individuals who merely identify as transgender – but choose not to actually change their gender medically or legally – than that’s up to the U.S. Congress. Members of Congress are elected and accountable to the American people. Attorney General Loretta Lynch and her lackeys at the Department of Justice are not. However, publicly-held companies are accountable to their investors and customers. Corporations that want to undermine the American people need to hear from these stakeholders. Every time a corporation even hints at taking a perceived conservative action or position, the liberal activist machine kicks into high gear and attacks that corporation. Conservative and free enterprise-minded folks need to start using the same tactics to go after companies that limit freedom.
“Even if this case was purely about the public restroom, locker room and shower provisions in HB2, Red Hat is making a poor strategic decision. Opinion polls show a plurality of Americans support the law’s commonsense approach requiring men and boys to use the men’s facilities and women and girls to use the women’s facilities when in public places,” noted Danhof. “If Red Hat wants an example of what public backlash can look like for supporting perverse restroom and accommodation policies, it should look to Target Corporation. After announcing that its restrooms and changing rooms were open to anyone based on their subjective identification, the retailer’s stock price and foot traffic to its stores plummeted.”
National Center President David Ridenour is a Red Hat shareholder.
In May, Danhof confronted Pepsi CEO Indra Nooyi after she called for North Carolina Governor Pat McCrory to repeal HB2. While Nooyi defended Pepsi’s position, the company did not join in the Human Rights Campaign legal brief that Red Hat endorsed.
Comments Off on HB2 law.. what does this argument mean? | filed under Uncategorized
» posted on Saturday, August 13th, 2016 at 5:21 am by OutwithJoe
Amy Ridenour (pronounced RIDE – en – our) is chairman of The National Center for Public Policy Research. As the founding chief executive officer, she has since 1982 promoted the conservative perspective on U.S. domestic, foreign and defense policy issues. She frequently speaks on public policy issues and political organizing techniques and has done so across the U.S., in Central America and in Europe.
Ridenour is co-author, with Ryan Balis, of “Shattered Lives: 100 Victims of Government Health Care,” and “Shattered Dreams: 100 Stories of Government Abuse” (editions in 2007 and 2003 with various co-authors), and has written and edited hundreds of papers on public policy issues.
Ridenour is deeply involved in all the programs of the National Center, including its Free Enterprise Project, its work on health care and retirement policies, its work on climate change policy and national security.
Her opinion/editorials have been nationally-syndicated. Her articles have also been independently published hundreds of times by newspapers including the USA Today, the Sacramento Bee, the Dallas Morning News, The Washington Times, the Los Angeles Daily News and many others.
Ridenour has appeared as a guest on radio and television talk shows many hundreds of times, including on the Fox News Channel, CNN, MSNBC and the Comedy Channel and has served as a guest host on a nationally-syndicated talk radio program.
Ridenour served as a member of the board of directors of Black America’s PAC, a political action committee that works to help elect more African-Americans to Congress and other elected office.
Ridenour also served from 1993-1994 as co-host of Scoop, a public affairs show seen weekly on the public affairs television network National Empowerment Television (later known as America’s Voice).
Ridenour has served as vice-chairman of the International Youth Year Commission of the U.S. (1985); as Deputy Director of the College Republican National Committee; as Regional Coordinator for the Reagan/Bush 1980 campaign; as Chairman of the Maryland Federation of College Republicans and on Maryland Republican State Central Committee.
Ridenour received the American Hero Award from the National Defense Council Foundation in 1988 and the William Paca Award from the Maryland Republican State Central Committee in 1979. A native of Pittsburgh, she studied economics at the University of Maryland at College Park. She resides in Maryland with her husband, David, and their three children.
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» posted on Friday, August 12th, 2016 at 9:06 pm by OutwithJoe
In South Los Angeles, a 4-plex home was destroyed by a fire. A Mexican
family of six, all welfare recipients and gang members, lived on the first
floor, they died. An Islamic group of seven welfare cheats, all illegally in
the country from Kenya, lived on the second floor, and they, too, all
perished in the fire. Six LA Hispanic gang bangers, and ex-cons, lived on the
3rd floor and they, too, died. A lone, white couple lived on the top floor.
The couple survived the fire.
Jesse Jackson, John Burris and Al Sharpton were furious!! They flew into
LA and met with the fire chief, on camera. They loudly demanded to know,
Why the Blacks, Black Muslims and Hispanics, all died in the fire and why
only the White couple lived?
The Fire Chief said, “They were at work.”
This has just got to keep on circulating..it’s too good….
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» posted on Friday, August 12th, 2016 at 8:55 pm by OutwithJoe
A SCARY OBITUARY Einstein said, “The world will not be destroyed by those who do evil, but by those who watch them “.
In 1887 Alexander Tyler, a Scottish history professor at the University of Edinburgh,
had this to say about the fall of the Athenian Republic some 2,000 years prior:
“A democracy is always temporary in nature; it simply cannot exist as a permanent form of government.
A democracy will continue to exist up until the time that voters discover that they can vote themselves generous gifts from the public treasury.
From that moment on, the majority always votes for the candidates who promise the most benefits from the public treasury,
with the result that every democracy will finally collapse over loose fiscal policy, (which is) always followed by a dictatorship.”
“The average age of the world’s greatest civilizations from the
beginning of history, has been about 200 years. During those 200
years, these nations always progressed through the following sequence:
From bondage to spiritual faith;
From spiritual faith to great courage;
From courage to liberty;
>From liberty to abundance;
>From abundance to complacency;
>From complacency to apathy;
>From apathy to dependence;
>From dependence back into bondage.”
The Obituary follows:
Born 1776, Died 2016
It doesn’t hurt to read this several times.
Professor Joseph Olson of Hamline University School of Law in
St. Paul, Minnesota, points out some interesting facts concerning
the last Presidential election:
Number of States won by: Obama: 19 Romney: 29
Square miles of land won by: Obama: 580,000 Romney: 2,427,000
Population of counties won by: Obama: 127 million Romney: 143 million
Murder rate per 100,000 residents in counties won by:
Obama: 13.2 Romney: 2.1
Professor Olson adds: “In aggregate, the map of the territory
Romney won was mostly the land owned by the taxpaying citizens of the country.
Obama territory mostly encompassed those citizens living in low
income tenements and living off various forms of government
Olson believes the United States is now somewhere between the “complacency and apathy”
phase of Professor Tyler’s definition of democracy,
with some forty percent of the nation’s population already having reached the “governmental dependency” phase..
If Congress grants amnesty and citizenship to twenty million
criminal invaders called illegal’s and they vote – then we can say goodbye to the USA in fewer than five years .
If you are in favor of this, then by all means, delete this message.
If you are not, then pass this along to help everyone realize just how much is at stake, knowing that apathy is the greatest danger to our freedom.
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» posted on Friday, August 12th, 2016 at 8:53 pm by OutwithJoe
NO FAKE PICTURES HERE. THE PEOPLE IN EUROPE ARE FINDING OUT WHAT HAPPENS WITH THE “RELIGION OF PEACE”. BETTER NOT KEEP YOUR HEAD IN THE SAND.
This video was taken last month.This could be an American city in the near future if this immigration matter is not resolved.
“Let’s bring 500,000 here. What could possibly go wrong???”
Comments Off on This video taken 1 June 2016 ….. Happening NOW!!!!!! Where is the MEDIA??????? | filed under Uncategorized