Sunday, August 21, 2005

Box O' HillaryBox 31, Thomas (not Captain Ed) Morrissey Item One.

Legal Services Corporation, Et All. (Circa 1982)Appellants,
Vs.
Howard H. Dana JR., Et All...Appellees

The Box, all sorts of things come in boxes, presents, shoes, Nantucket Red shirts, this one sat menacingly in a dark corner, a muffled rustling emanating from it's interior, I could not place the sound, hauntingly familiar, I drank another Guinness to fortify my courage and grasped the lid, it seemed cold, almost calculating and lifted it violently.

My heart jumped into my throat as I beheld the source of the dreaded sound, a swish, swish that could not be stopped, and to my horror I beheld............

A Pantsuit.

Forgive my week attempt at drama, but legal papers are mind-numbingly boring, the demented ravings of Paul Krugman or the spinsterly cattiness of Maureen Dowd would be preferable, if only for a laugh.

A synopsis of the case:

The crux of the matter is an appeal, specifically dealing with the question of "whether or not a District Court abused it's discretion by not granting a preliminary injunction to former members of the Board of Directors of The Legal Services Corporation ( which injunction would have permitted the former directors to serve on the Board in place of their successors ) on the grounds that the former Directors did not make a strong showing that they were likely to prevail on the merits of their claim that the Presidents recess appointment of their successors were invalid."

TheLegal Services Corporation is a Government agency that is "As defined by the Legal Services Corporation Act, LSC's mission is to promote equal access to the system of justice and improve opportunities for low-income people throughout the United States by making grants for the provision of high-quality civil legal assistance to those who would be otherwise unable to afford legal counsel."

The argument putt forth by the plaintiffs (a bunch of Carter holdovers, including one Hillary Rodham) is that the President did not have the authority to make recess appointments to this specific entity, they claimed that members of the board were not "officers of the United States" as the Constitution defined that term, and that they could only be appointed by the Advice and Consent of the Senate.

Seems simple, they were wrong, as the Court found, but nothing in D.C is simple, there's a twist.

The twist, in the usual Democrat fashion of insisting that rules apply to others and not to them, Hillary and her pals were themselves Carter recess appointments.

So I guess her argument was " we recess appointments deserve to keep our recess appointments because the President cannot make recess appointments."

Thank goodness the D.C Circuit Court, of which Robert Bork was a member was able to cut through this Gordian knot of Demo-lawyer-crat thinking and Hillary went on to bigger and better things.

Roberts’s involvement is unclear; his name was not listed as an Administration legal official participating in the conclusion.

Roberts does give his opinion of the Legal Services Corporation, in a letter.

Upcoming:

Part 2 “‘Railroading Roberts' wanted to deny Legal representation to the Poor and Indigent!"

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