Sunday, November 20, 2016

The fraud that is California Law

SACRAMENTO >> California’s generous public employee pensions, shielded for decades by the state’s courts, may soon no longer be sacrosanct.
In a potentially huge win for advocates of cutting government pensions, an appeals court in August declared that public retirement plans were not “immutable” and could be reduced. The three-judge panel said the law merely requires government to provide a “reasonable” pension.
That unanimous ruling, now before the California Supreme Court, could be a vehicle for reducing a shortfall amounting to hundreds of billions of dollars in state and local pension systems.
If upheld, the decision could lead to the kinds of cutbacks previous courts blocked.
Emory University Law Professor Alexander Volokh called the decision “a big change from what the doctrine has been so far” and expressed doubt that it would be upheld. University of Minnesota Law Professor Amy B. Monahan described the ruling as “novel” and the outcome “hard to predict.”
The decision has attracted national attention because of California’s influential role in pension law. Like California, other states are facing massive shortfalls in public pensions and wrangling with ways to head off staggering debts.

We have mix up in contract law between California and the Swamp.   We might expect that pensions are in the contract. The contract has a time limit and is renegotiated.

Unfortunately, our legal system is bases on the divinity of the Franciscan monks, there is little contract law.  So we end up with nonsense, and I am not sure how it can be sorted.  Either California permanently attaches to its 'God' and dumps the Swamp; or California needs to obey Swqmp law.

But saying a pnsion contract  is permanently valid, even through contract negotiations, is not federal law, it is invalid contract law.  You earn your pension according to current contract, if you do not like the next negotiations, then take your earned pension and go somewhere else.  If dumbshit lehislatuers still go begging to yhe Swamp Walrus, then eventually you will have yo deal with Swamp contract law, we cannot be unconstitutional and a state forever.

But the Franviscans were not lawyers

Hene, much of California court activity in civil suits is sorting out a bunch of made up rules delivered by the legislature, and heavily lobbied by the trial lawyers.  It is a huge inefficiency, nothing can be done in California with some bozo lawyers citing some made up legal justification just passed by iginorant legislatures.
Our theoretical legal model is a bunch of Jerry's little brown people looking for their Franciscan priest. Government ran this way up until the 1920s.

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