Tag Archives: New York

Clinton-appointed judge rules that pro-life license plates are “patently offensive”

New York pro-life license plate
New York pro-life license plate

Here’s an interesting story from The Daily Caller. (H/T Mary from Marin)

It says:

A new decision by the Second Circuit Court of Appeals holds that New York’s state government has the right to ban “Choose Life” license plates on the grounds that such a statement is “patently offensive.”

The dispute stems from a now-suspended program offered by New York’s Department of Motor Vehicles (DMV) which allowed private organizations to create custom license plates. If drivers purchased the plates, the purchasing price was split between the DMV and the non-profit.

The Children First Foundation (CFF), an organization promoting adoption as an alternative to abortion, submitted a design for a “Choose Life” license plate, which featured a drawing of two children’s faces in front of a yellow sun.

The proposed plate was rejected, with the DMV citing a policy that allows it to ban “patently offensive” plates in order to prevent incidents of road rage. The “patently offensive” category in U.S. speech is typically related to public obscenity laws, and allows for limitations on things like the public display of pornography or other materials that blatantly violate community standards.

Judge Rosemary Pooler, a Clinton appointee, agreed with New York’s position in her majority opinion. She took this view even though she also ruled that license plates are private speech subject to First Amendment protections. Despite these protections, however, she said that so many New Yorkers could find a plate advocating an anti-abortion position “patently offensive” that the DMV was justified in suppressing the speech.

I want to focus in on the life of the judge who made the decision.

I found her biography on Wikipedia. Look at how successful she was:

Rosemary Pooler was born in New York City. She earned a B.A. from Brooklyn College in 1959, an M.A. from the University of Connecticut, and a J.D. from the University of Michigan Law School.

Following graduation from law school, Pooler entered private law practice in Syracuse, New York. In 1972, she was appointed as Director of the Consumer Affairs Unit in the Syracuse Corporation Counsel’s Office, serving in that post for a year. From 1974 to 1975, she served on the Syracuse City Council. In 1975, she was appointed as Chairman of the New York State Consumer Protection Board, serving until 1980. The following year, she was appointed to the state Public Service Commission. In 1987, she served as a committee staff member for the New York State Assembly. Following a stint on the law faculty at Syracuse University College of Law, she served for a year as Vice President of Legal Affairs at the Atlantic States Legal Foundation.

In 1986, Rosemary Pooler decided to run for the United States House of Representatives. She challenged conservative Republican incumbent George C. Wortley, who was seeking a fourth term. She campaigned aggressively and came within less than 1,000 votes of winning.

In 1990, she was elected as a Justice for the Fifth Judicial District of the Supreme Court of New York. Four years later, she was appointed to the federal bench by President Bill Clinton, serving from 1994 to 1998, as federal district judge in the Northern District of New York. She received her current appointment as a Judge on the United States Court of Appeals for the Second Circuit in 1998.

So, this license plate case, along with many of the other issues that I blog about, is the problem. What is the solution to all these problems? The solution is for us as Christians to get serious about our education, our work experience, our earning and saving, and our marriages and parenting in order to have an influence. We need to be the judges who make these decisions about whether pro-life license plates are legal or illegal. Failing that, our children need to be the judges. And that means that when it comes to education and career, instead of doing what makes us feel happy we have to work hard at having an influence. And when it comes to marriage, we should look at it less as something that is feelings-directed and happiness-focused, and more about making it serve God by raising influential, effective children.

New York Democrats object to having their wealth redistributed by Obamacare

From the radically leftist New York Times, of all places. (H/T Just One Minute via Ari)

Here’s the problem:

Many in New York’s professional and cultural elite have long supported President Obama’s health care plan. But now, to their surprise, thousands of writers, opera singers, music teachers, photographers, doctors, lawyers and others are learning that their health insurance plans are being canceled and they may have to pay more to get comparable coverage, if they can find it.

They are part of an unusual, informal health insurance system that has developed in New York, in which independent practitioners were able to get lower insurance rates through group plans, typically set up by their professional associations or chambers of commerce. That allowed them to avoid the sky-high rates in New York’s individual insurance market, historically among the most expensive in the country.

But under the Affordable Care Act, they will be treated as individuals, responsible for their own insurance policies. For many of them, that is likely to mean they will no longer have access to a wide network of doctors and a range of plans tailored to their needs. And many of them are finding that if they want to keep their premiums from rising, they will have to accept higher deductible and co-pay costs or inferior coverage.

And here’s the yummy, yummy schadenfreude:

“I couldn’t sleep because of it,” said Barbara Meinwald, a solo practitioner lawyer in Manhattan.

Ms. Meinwald, 61, has been paying $10,000 a year for her insurance through the New York City Bar. A broker told her that a new temporary plan with fewer doctors would cost $5,000 more, after factoring in the cost of her medications.

Ms. Meinwald also looked on the state’s health insurance exchange. But she said she found that those plans did not have a good choice of doctors, and that it was hard to even find out who the doctors were, and which hospitals were covered. “It’s like you’re blindfolded and you’re told that you have to buy something,” she said.

[…]“We are the Obama people,” said Camille Sweeney, a New York writer and member of the Authors Guild. Her insurance is being canceled, and she is dismayed that neither her pediatrician nor her general practitioner appears to be on the exchange plans. What to do has become a hot topic on Facebook and at dinner parties frequented by her fellow writers and artists.

“I’m for it,” she said. “But what is the reality of it?”

Man, I love the taste of the liberal tears on a cold Monday morning. It tastes like… victory (in 2014). What is the reality of it? Maybe if you stopped reading the New York Times, you would know the reality of it.

Well why are healthy people with $10,000 New York policies losing their coverage? Did those policies not provide free contraceptives? Not at all:

The predicament is similar to that of millions of Americans who discovered this fall that their existing policies were being canceled because of the Affordable Care Act.

[…]But while those policies, by and large, had been canceled because they did not meet the law’s requirements for minimum coverage, many of the New York policies being canceled meet and often exceed the standards, brokers say. The rationale for disqualifying those policies, said Larry Levitt, a health policy expert at the Kaiser Family Foundation, was to prevent associations from selling insurance to healthy members who are needed to keep the new health exchanges financially viable.

Siphoning those people, Mr. Levitt said, would leave the pool of health exchange customers “smaller and disproportionately sicker,” and would drive up rates.

I must have written over a 100 posts warning people about the effects of Obamacare from 2009 to November of 2012, and no Democrats would listen to me. Well, now they know what conservatives knew before the 2012 election. And just wait until the employer mandate hits and drives 129 million people of their existing health care plans by the end of 2014. 

Related posts

Psychologist claims father is an unfit parent for refusing to yield to son’s demands for fast food

Psychologist Marilyn Schiller
Psychologist Marilyn Schiller

From ABC News.

Excerpt:

Saying no to a toddler’s demands for a McDonald’s meal got a father branded an inept parent, he says in a lawsuit claiming a psychologist urged a judge to curtail his parental visits over the dinner debacle.

David E. Schorr says psychologist Marilyn Schiller pronounced him incapable of caring for his nearly 5-year-old son after he offered a choice — dinner anywhere but McDonald’s, or no dinner at all — and let the boy choose the latter. He then took his irate son home to the boy’s mother’s house early from their Oct 30 dinner date, according to a defamation suit Schorr filed Tuesday.

[…]”Normally not a very strict father who rarely refuses his child McDonald’s,” Schorr put his foot down Oct. 30 “because his son had been eating too much junk food,” the suit said. Schorr himself didn’t immediately return a call Friday.

He quickly regretted his stance when his son threw a tantrum, but he felt that giving in would reward bad behavior, so he offered the elsewhere-or-nowhere “final offer,” as his court papers put it.

“The child, stubborn as a mule, chose the ‘no dinner’ option,” the suit says. And the father promptly carted the boy back to Bari Schorr’s building, still trying to entice the child into changing his mind as they waited in the lobby for her to get home from work, according to the suit.

Schiller told a judge the fast food flap “raises concerns about the viability” of the father’s weekend visits with his son and asked a judge to eliminate or limit them, his lawsuit says.

The NY Post reports that the brat’s mother immediately took him to McDonald’s.

Excerpt:

Adding insult to injury, he said: “My wife immediately took him to McDonalds.”

[…]But the son apparently tattled on his dad and his wife flipped out and called the shrink, according to the suit.

Schorr claims that Dr. Schiller only interviewed the child and his mother and never asked for his side of the story before telling the court she was gravely concerned about Schorr’s parenting.

Bari Yunis Schorr sued her husband for a divorce in 2011, just four years after they married in a lavish ceremony at the St. Regis Hotel in Manhattan.

Now does this situation happen a lot? I mean a situation where a mother goes to the feminist authoritities (psychologists/social workers/lawyers/teachers/judges) in order to overrule the father’s parenting authority?

Another case from Canada

Here is a story from Canada that shows why we need to be careful about enacting compassionate, non-judgmental, feminized social policies.The more you reduce the male role and male authority in the family, the fewer men will want to take on the responsibilities of being a Dad. We need to be careful not to replace husbands and fathers with big government social programs and intrusive, anti-male courts.

Excerpt:

A Gatineau father lost an appeal Monday after a lower court ruled last June that he had issued a too severe punishment against his 12-year-old daughter.

The case involves a divorced man who says that in 2008 he caught the girl, over whom he had custody, surfing websites he had forbidden and posting “inappropriate pictures of herself” online. The girl’s father told her as a consequence that she would not be allowed to go on her class’ graduation trip to Quebec City, even though her mother had already given permission for her to do so.

The girl then contacted a legal-aid lawyer who was involved in the parents’ custody battle, who convinced the court to order that the girl be allowed to go on the trip with her class.  The father appealed the decision on principle, although his daughter went on the trip in the meantime.

The appeals court reportedly warned in its ruling that the case should not be seen as an open invitation for children to take legal action against their parents when grounded.

The girl now lives with her mother.

You may think that this would be overturned on appeal, but the father LOST his appeal, too.

So, what the daughter, wife, prosecuting attorney and judge (all feminists?) are all telling this Dad that he can donate sperm, pay bills, and pay taxes for feminist social programs, but that he cannot PARENT his own children. He cannot have any moral authority to guide the child into becoming a man. That job is for child care workers, single mothers and public school teachers. Men need to butt out of parenting – except they can pay for all these experts through taxes, of course.

Questions:

  • Does anyone care what men want from marriage and parenting, or should we just be ordered around like little boys?
  • Do we really think that state coercion is going to make men be more involved with their marriages and children?

I think that marriage should allow men to express themselves as fathers, just as much as women can express themselves as mothers. Parenting should be an equally shared responsibility, and the father should have at least as much parental authority as the mother.

Compassion vs standards

Here is a pretty good article by Jewish scholar Dennis Prager that argues against compassion and for moral standards. He tells a story of a team losing a baseball game 24-7, when the scoreboard is reset to 0-0 DURING THE GAME. He then asks what beliefs would motivate this action.

As is happening throughout America, compassion trumped all other values.

Truth was the first value compassion trashed. In the name of compassion, the adults in charge decided to lie. The score was not 0-0; it was 24-7.

Wisdom was the second value compassion obliterated. It is unwise to the point of imbecilic to believe that the losing boys were in any way helped by changing the score. On the contrary, they learned lessons that will hamper their ability to mature.

He lists the lessons that the winning and losing boys learned from this compassionate act, and how they will act in the future. Then he continues his list.

Building character was the third value trumped by compassion. People build character far more through handling defeat than through winning. The human being grows up only when forced to deal with disappointment. We remain children until the day we take full responsibility for our lives.

…The fourth value that compassion denied here was fairness. It is remarkable how often compassion-based liberals speak of “fairness” in formulating social policy given how unfair so many of their policies are. It was entirely unfair to the winning team to have their score expunged, all their work denied. But for the compassion-first crowd, the winning team is like “the rich” who earn “too much” and should therefore be penalized with a higher tax rate; the winning team scored “too many” runs to be allowed to keep them all.

The standards that are undermined by compassion can be moral standards or standards of rationality. The former is under attack from moral relativism, and the latter is under attach from postmodernism. But I guess parents don’t really care enough to teach their children about these ideas, and when the children grow up, they vote for the policies that follow from moral relativism and postmodernism: policies of the secular left.