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Revisiting Posts Regarding Delegate Folk, and Delegate Overington, and an Observation on Lawyer Humor
|Posted on June 4, 2015 at 11:05 PM|
This evening, while reading the June 4, 2015 West Virginia Record, I was gratified to come across the article titled "Governor wants Common Core lawsuit dismissed". There, next to the "oh so stern" image of Delegate Folk was an article written by Kyla Asbury, wherein she describes what must be an excellent motion to dismiss filed by Attorney Benjamin Bailey in response to a "brief" filed by Delegate Folk opposing the Common Core State Standards as being unconstitutional. I write that the motion must be excellent because it mirrors several points that I made in my recent blog post: "Political Grandstanding", posted on April 28, 2015. Attorney Bailey writes:
Delegate Michael Folk claims that the State's participation in the Smarter Balanced Assessment Consortium violates the Constitution.... That claim is dead wrong, and an unfortunate and wasteful attempt to bully through the courts a non-justiciable, purely political attack.
Attorney Bailey also notes that Delegate Folk's lawsuit contains numerous jurisdictional, and due process related failings "because Delegate Folk's Petition appears to have been copied in substantial part from a similar petition filed in Missouri...." To be fair, in my blog post, I indicated that I thought that Delegate Folk had purloined the intellectual work from a Connecticut lawsuit. I stand corrected, he apparantly ripped off the inspiration, intellectual effort, and verbiage from a Missouri lawsuit. Oh well, the point remains: Delegate Folk has cynically used up precious court resources, a thing he claims to abhor by his attacks on 'frivilous lawsuits' in order to make a bigger political name for himself. (see http://www.wvrecord.com)
In a like fashion, I was pleased to read David Von Drehle's article titled "The Last Execution: Why the era of capital punishment is ending" contained in the June 8, 2015 edition of Time. Mr. Von Drehle's article makes some of the same points that I made when I criticized Delegate Overington for his consistently wrong-headed support for reinstating the death penalty in West Virginia. (see Delegate Overington: Consistently Wrong on Judicial Hellhole) In my May 11, 2015 blog post I pointed out that the death penalty should not be reinstated because it was expensive, flawed in its application, and was ineffective at deterring crime. While my denunciation of the death penalty was, in my opinion, correct, I could not have said it nearly as well as did David J. Burge of the Georgia Republican Party, who Mr. Von Drehele quoted as saying:
Capital punishment runs counter to core conservative principles of life, fiscal responsibility and limited government.
Is it possible? Is the Georgia republican party smarter than a West Virginia republican, or is Delegate Overington's support of reinstating the death penalty just another political stunt?
Finally, lawyer humor. I know, I know, sounds like an oxymoron, but as someone out there in the vast internet ether might know, I enjoy publishing, from time to time, a lawyer joke or two. It was with some surprise that I found myself miffed by an anonymous post contained in the Journal Junction on May 29, 2015. The post read as follows:
Okay, so now we have a lawyer for "nonhuman rights" suing a university to free two chimps that are there for research. He says it is "akin to slavery" because they are in "solitary confinement." Nonhumans do not have rights, and lawyers should be classified as such.
For a moment my nose was bent out of joint, but then I thought, that's kind of funny. So feel free to joke on, and I will do as well!
Categories: Odd musings