Monday, November 28, 2016

When California has no legal tradition

CalPensions: The state Supreme Court last week agreed to hear an appeal of a groundbreaking ruling that allows cuts in the pensions earned by current state and local government workers, including judges.
When judges have an obvious conflict of interest and excuse themselves from ruling on a case, the legal term is “recuse.”
But the seven Supreme Court justices seem unlikely to recuse themselves from a possible landmark ruling on this Marin County pension case, mainly because there is no clear alternative.
There is at least one well-publicized example of how judges ruling on their own pensions creates the appearance of self-serving, if not what President-elect Trump called a “rigged” system.
See what happens. On what basis shall the court rule? There is no basis one way or the other in Franciscan Divine law, we never graduated to English law.  Now we a\re stuck, states rights has trapped us in the nightmare.

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