Tuesday, June 30, 2015


Here is a man who claims to know better than the Supreme Court on the meaning of the Constitution.

Here is the key language from the First Amendment:

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press - "

The key word is Congress.  So naturally, Trump sue Univision for $500 million for abridging his right to free speech.  Newsflash for you Donald, Univision is not Congress.  With any luck the trial judge will issue major sanctions against Trump and his lawyers before an answer to the lawsuit is even due.

"Here's an excerpt from The Trump Organization's statement:

"Under the contract, Univision is required to broadcast the pageant live on television in Spanish. While Univision claims its decision came solely in response to comments by Mr. Trump during a June 16 campaign speech announcing his candidacy for President of the United States, the decision was, in reality, a politically motivated attempt to suppress Mr. Trump's freedom of speech under the First Amendment as he begins to campaign for the nation's presidency."



I pulled the indictment and to my amazement it contains the names of 95, that's right 95 alleged victims.  People can attack me all they want, but I will not publish the indictment.  These 95 victims do not need their names out there.  They have allegedly been victimized once.

The acts are for the July 31, 2012, run-offs.  There is no reference to any candidate in the indictment. Click for a list of all candidates in the run-off along with the number of mail-ballots each received.  Do not assume just because someone lost they did not use a form of politiqueras to harvest mail ballots.  Before the mayor's race run-off I was told home healthcare workers worked the mail ballots.  On this information I am also working on the July 31, 2012, run-offs, based on a verified link between the two elections.  No sacred cows.

No candidate will be charged based on a he said she said.  The best chance of a candidate being charged is if Ozuna can prove a specific candidate paid her money for the ballots.  The issue will not be the ballots because there may still be a he said she said problem.  If it can be proven money was paid, then the candidate will be prosecuted on a campaign finance report violation.  A conviction will mean removal from office.

Now, I would imagine 95 ballots cost more than a nickel.  If Ozuna has a checking account, and a large cash deposit is noted about the time of the election, it would support her claim she was paid.  This could lead to the charging of a candidate or someone currently holding office, with a campaign finance report violation.

The other side is, like sheriff Lucio told me years ago, he pays the politiqueras by fixing tickets.  The politiquera then charges the person to get the ticket dismissed.  It is hard to trace that kind of money.


Charges: OZUNA, MARGARITA RANGELStatute Level Date
1.  METHOD OF RETURN MARKED BALLOT = OR > 20- Unarrested86.006State Jail Felony07/31/2012

Events & Orders of the Court
06/24/2015  Felony Information Form
Felony Information Form
06/24/2015  Indictment or Information (OCA)
Original Case Filed by Indictment or Information (OCA) and CR-43
06/29/2015  Active Criminal (OCA)
Active (OCA)

I do not have time to run down to the court house for a copy of the indictment. I am late for an appointment in Harlingen.

Ozuna is a fool is she fails to give up the name or names of any politicos who told her what she was doing is legal. 

Judge Tagle to date is the only judge to say it the way it is - it is time to indict those leading these woman to crime.

No sacred cows - it is time to bring indictments against the politicos who pay them, it if can be shown they were party to the illegal conduct.
The answer is both.  It is inconceivable that Associate Supreme Court Justice Antonin Scalia is unaware that the Founding Fathers had studied and been influenced by the great minds of the Age of Enlightenment. 

The fact Scalia has found himself reduced to insults and sarcasm to defend the indefensible, in my mind proves he cannot argue historical evidence to support his view of government.  He is dangerous.  He believes our rights come from the government.  This is so, so wrong.  Our Rights are inherent.  It does not matter whose theory of the Social Contract you read, they all agree until people came together in contract to organize society for the betterment of all, man ran free to do as he willed.

This is the basis of "Ordered Liberty."  We as absolutely free men to do as we pleased, surrendered this inherent right to be governed by a group and later a nation of laws, instituted by the people and accountable to the people.  But within the concept of Ordered Liberty is the idea that the laws which govern us are not random and arbitrary and in fact promote Ordered Liberty, and not discrimination.  The very purpose of Ordered Liberty was to make us all safer and equal, and not to allow a majority to subjugate a minority to their will.
Below if you read just the first sentence of the first full paragraph you will begin to learn the genius of our Founding Fathers in creating State Governments separate from the Federal Government, but still bound by the constitution.
Colorado because of this genius is experimenting with the legalization of marijuana.  Based on their experiment other states will follow, or use the failed Colorado experiment to end the debate.  Without this ability of the 50 states to experiment with social policy, we would be bound by Washington.  This power of the individual states is key to our freedom.  It makes me mad when I hear people say - down with the electoral college. [They actually elect the President based on the number of electoral votes assigned to each state.  Did you know had New Hampshire voted for Gore, Bush never would have been president?]  The electoral college is another road block to tyranny of the many over the few.  Without the electoral college, California and New York would have a disproportionate influence on who is elected president, while small states would have no voice.  Think about it, the decision of New Hampshire to vote Bush over Gore, gave Bush the election.  This simple mechanism in our Constitution protects the few from the many.  It insures all voices have a voice.  It is proof our Founding Fathers did not intend for the many to control the few.
In this second page the quote from John Locke is the Social Trust.  The Social Contract is the decision between the people to institute government for mutual protection.  The Social Trust is the relationship between the people and the government.  As Locke says, and Thomas Jefferson made clear in the Declaration of Independence, government is instituted among the people, and can be terminated by the people.  This is the difference between a contract and a trust.  In a contract both parties are equal.  In a trust, the trustee [the government] serves at the  discretion of the creator of the trust - the people.  The trust is the Constitution.

If you can learn and understand these two pages from the Arizona redistricting case, you will understand all there is to know about American Government.  Every American Government and History teacher should be using these two pages as handouts in their classes.  They say it all.  What is sad is Associate Justice Scalia does not see it this way.  His bias for government control over the people prevents him from ever seeing the brilliance in the Founding Fathers seeing the relationship between the people and the government.  The people instituted government to serve at the leisure of the people, and not the other way around. 
All Liberty is inherent to every man, unless through the course of Ordered Liberty the government through laws can justify the limitation of any given liberty in order to accomplish the primary end of government - "Ordered Liberty."
This is how you know the fake conservatives are anything but conservatives.  Does not logic tell us that a true conservative would argue
All Liberty is inherent to every man, unless through the course of Ordered Liberty the government through laws can justify the limitation of any given liberty in order to accomplish the primary end of government - "Ordered Liberty."


In historical literature some commenters claim the Magna Carta of 1215 was in fact not a Great Charter of Freedom because it really only protected the Feudal Lords. The problem with their analysis is they view the Magna Carta in the context of today, versus the period. 

During this time frame real organized government through much of Europe had collapsed.  There were endless wars between feudal lords for control.  In time for group protection the feudal lords looked to one as King, in exchange for unified protection.  It is no different than an alliance today. If one feudal lord was attacked the power of the King allowed for the other feudal lords to come to the protection of the one being attacked.

The feudal lords who true enough kept the people as serfs - in effect a form of slavery - they also provided protection from random attacks by those not under the control of the feudal system.  The feudal lords provided protection in exchange for the serfs working the land.  Without this very rudimentary form of government the serfs as free men would have been subject to murder at will.  Their villages were subject to destruction and their woman and children subject to rape.

For its time, it worked.  But as towns and villages developed - and specialties developed such as mass production of clothe, shoes etc the serfs wanted more.  So things changed.  This is known as the dialectic.  The dialectic contrary to the ramblings of the fake conservatives on the radio was not a Marx creation.  Marx just used the theory to explain the nature of economic and political change. 

As society changed, the social construct on how we saw and treated one another changed.  So while the Magna Carta served its purpose at the time, and better allowed the feudal lords to protect the serfs, in time its application to the people changed as the social construct changed. 

This is not new - it is exactly how the Constitution is being viewed.  If Scalia had his way, the Magna Carta as a document only really protecting the feudal lords would have remained the same, and only revolution would have ended the feudal state.  Well it sort of did - but not in an out right war.

The concepts embedded in the Magna Carta came by the Kings Bench [UK Supreme Court]  form modern ideas of freedom.  According to the likes of Scalia this is wrong, because it moved the liberties from being available to the feudal lords to the people.  It was not the original intent of the drafters of the Magna Carta.

Monday, June 29, 2015




Independent of the Texas AG's office now saying they have no legal authority to investigate the harvesting of mail ballots, I am moving forward on Tony Martinez's 104 mail ballots.  I believe I have found a way to ID about 60 or so potential fraudulent ballots without having to leave my desk.  I am waiting on the information.  I should have been done by now, but things are slow.  With multiple infections, my body is just not working well.  If I can ID the some 60 possible fraudulent mail ballots I will take the information to the federal investigators along with the email from the AG's office that they have no legal authority to investigate.  I will also take the emails I have sent over the last two years which will show the AG has intentionally avoided this particular form of harvesting mail ballots.  The question then becomes, why?

The BV and Ruben Pena stood alone when we went after Margarita Ozuna.  Juanito attacked on a near daily basis defending Margarita Ozuna, but then Begum produced a bigger check and Juanito saw the light.  The BV stands strong with federal Judge Tagle's demand that it is time to prosecute those who use the politiqueras - no sacred cows - period.


I am trying to help several people deal with the police who are refusing to do their job.  Good luck getting an investigator off their ass to do their job.  The list is growing and I am growing tired of it.

The Blue Wall of Silence must come down, or let the consequences fall where they may.  It is time the officers tell the chief to do his job and discipline those who are refusing to do their job.


I put down poison in my house about every four months to deal with wood roaches from all of my palm trees.  The second I see one in the kitchen, along the walls I put diatomaceous earth.  The product I buy is safe for Buster and children.  I leave it for a few days in the kitchen, the laundry room and half bath and then sweep and mop and the problem is gone.


Typically when a landlord sprays they give warning which includes removing pets from the premises.  The owner showed up with no warning and just started to spray.  He sprayed the rabbit's gage area and the rabbit died while experiencing convulsions.  Bela's mother had several weeks earlier used the diatomaceous earth safely to address the problem of roaches coming from other apartments. So in her mind, poisons can be used safely around pets, if it is the right poison.

The landlord knew or should have known the poison he was using was dangerous to the children and pets.  He sprayed the area around the rabbits gage anyway.  The rabbit died.

Bela's mother called the police and was told to just sue the landlord.  In Texas you cannot sue someone who intentionally kills your pet.  I guess he was too busy shoving donuts in his mouth to care.  First of all the police have no business telling anyone to sue someone.  Second it is a crime to poison a person's pet without their consent.  42.095(A)5 of the Texas Penal Code makes it a class A misdemeanor.


The State of Texas found that International Bingo was not only selling beer illegally, but that they sold it to a minor.  No charges brought.  The owner Charles Isbel donated to Saenz campaign.

The police chief has made it clear the investigating officer does not have to include the name of the witness in the report who saw the minor pull out of the parking lot while trashing a motorcycle - it just so happens the witness was a police officer and the chief of police has decided that police officer has to be protected.  The driver was not arrested for drinking under age, driving while intoxicated, or leaving the scene.  The owner of the vehicle told the police where her son was headed, but the police were too busy passing out donuts to one another to care.


If you have tits and donuts the police will let you walk.  The driver who crossed over the right lane from the left lane to turn down another street was not issued a ticket for no insurance, no drivers license, or reckless driving.  In an unrelated matter she is facing criminal charges for destruction of another's property.  The officer told the owner of the motorcycle to just sue.  Again - the police have no business telling citizens to file civil lawsuits.

Under Texas law had the officer done his job and issued a ticket for no drivers license or insurance, the courts can then bar her a drivers license until she pays the damages.  The officer refused.

I think for now on I will drive around with a box of donuts and fake tits so the law will not apply to me.

The examples go on and on.

To the police - people are tired to this.  Do not count on the people backing you when you want a raise.  Lift the wall of silence or face the consequences.
In a case which is bad for Brownsville the majority found the EPA must consider the cost of compliance with emissions regulations when setting standards.  This means that if the cost for Tenaska or the LNG's is too high to limit toxic emissions, the EPA is powerless.  Now I oppose Tenaska - with the protection of the EPA, I could live with it - but unregulated toxins based on the cost of limiting them being too high is something I will never accept.
IN large part I left Dallas because there were too many Red Ozone days wherein I could not leave the house.  We must fight to keep Brownsville from becoming a dumping ground for more pollution in the name of progress.

The following facts are just ignored by the majority.

"OKLAHOMA: After Lockett received the first drug, midazolam, and was determined to be unconscious, the second and third drugs were administered. A few minutes later, Lockett began writhing on the gurney, mumbling, breathing heavily and straining to lift his head from a pillow. "

"OKLAHOMA: As Lockett continued to struggle on the gurney, the prison warden ordered the blinds lowered that allowed witnesses to see inside the death chamber. After learning there was a problem with the IV and that some of the drugs had leaked into Lockett's tissue or out of his body, the state's prison director called a stop to the execution."

"OKLAHOMA: Lockett was pronounced dead of an apparent heart attack 43 minutes after his execution began. The results of a state autopsy are pending, and an official cause of death has not been released. Oklahoma Gov. Mary Fallin has ordered an independent investigation into Lockett's execution, and the results of that probe have not been released. "

Click for Article

 The issue is not the constitutionality of lethal injections or the death penalty.  The issue was the drugs being used.  You can read for yourself how these drugs work.  The Supreme Court found dying during execution in this manner is constitutional.


I have two other posts.  The last will be the Blue Wall of Silence by the police which needs to be addressed. The next will be two pages from the Arizona redistricting case.  The Supreme Court found the people can vote by referendum to impanel a redistricting committee.

Click for Opinion

What is key to the opinion is they impliedly reversed Texas v. White, which abolished the right of rebellion, while acknowledging the government belongs to the people and not the Legislature.  I will publish separately the two key pages which every government and history instructor should use in class.

This is a great decision by the Court.

But also, the conservatives found that the people are second to the government.  This is the fundamental problem with Scalia, Alito, Thomas and Chief Justice Roberts.  They refuse to accept the people create the government in trust and can abolish that government when it no longer serves the ends of government as instituted by the people.

There is no government without the consent of the people, and the conservatives absolutely refuse to accept this.  Original Intent is the one thing these four have no use for.

The Legislature speak for the people and not themselves.  The people are the final work, not the legislature.

It's funny, the conservatives lost it when last week the Supreme Court ignored the will of the people through referendum in banning gay marriage, but today the same Justices attack the will of the people when they pass a referendum to take control of redistricting.

Sunday, June 28, 2015

I'm curious how many AG employees worked today on the Sabbath in violation of their faith to insure this opinion got out today?  Did they have the right to refuse to work on the Sabbath?  Do DPS officers have the right to refuse to work on the Sabbath?
The inherent bigotry in his opinion is he finds County Clerks and judges on religious grounds can refuse to issue marriage licenses to gays and lesbians, but presumptively not based on any other religious objection.  Trust me there are County Clerks in this state who would refuse to issue marriage licenses to Jews and Muslims on religious grounds if they believed they could get away with it.  The opinion will fall as the desperate move of a bigot.
The inherent flaw in Paxton's bigoted opinion is, County Clerks are arms of the state when they perform their duties as County Clerks. Inasmuch it is the State issuing the marriage license by and through the clerk, and not the clerk, the clerk has no authority to claim a religious exception. 
Inasmuch as the state has no religion there can be no religious objection.  When the first clerk is sued the AG will claim immunity because the clerk is an arm of the state, thereby waiving any argument the clerk can exert any religious objection.  It is a stupid argument by a bigot desperately trying to gain political capital with the hatemongers in Texas.
Do you believe for one second if a county clerk were to refuse to issue a marriage license to a Muslim couple for one second Paxton would invoke religious freedom as a justification?  Of course you do not, and that is how you know the opinion is based on his bigotry.
Judicial Canon 3B(6) prohibits judges from discriminating based on sexual orientation, among other things.  This demonstrates just how little regard AG Ken Paxton has for the law.
It is true judges have discretion as to whether or not they will perform marriages.  Under the Rules of Judicial Conduct their choice will be to perform no marriages or all marriages.  If they decide they will not perform marriages for gays and lesbians they will be sanctioned by the Commission on Judicial Conduct for violation of Canon 3B(6). Somehow I think the money involved in wedding ceremonies will help them to overcome their religious beliefs.
AG Paxton and Texas are going to have egg on their face over this bizarre opinion.
It is basic law, the County Clerk if an officer of the State and inasmuch as the state has no religion there can be no religious objection to performing their duties as officers of the state.  This is the essence of immunity law.   If the clerk persists, they will find themselves waiving immunity in favor of acting on their own accord and then could find themselves being criminally prosecuted for civil rights violations and being subject to civil damages.
The sad part is marriages will proceed all of Texas anyway leaving ignorant bigot county clerks and judges holding the bag for AG Ken Paxton's stupidity.


"Mercury emissions: Industry groups and Republican-led states assert that environmental regulators overstepped their bounds by coming up with expensive limits on the emissions of mercury and other toxic pollutants from power plants without taking account of the cost of regulation at the start of the process"

Click Yahoo News:

There are three opinions due out on Monday - the one referenced above could impact Tenaska and the LNG's.  Let's hope the right to regulate is upheld, because if it is not a ruling against regulation could be a game changer for Tenaska and LNG's.

The other two decisions involve - death penalty by lethal injection.  The issue is not lethal injection or the death penalty, but the drugs which must be used to insure it is not cruel and unusual punishment.

The last decision is Redistricting Committees.  The Arizona Republicans have asked the Supreme Court to have their own law held unconstitutional.  They did not like how the Commission they created did the last redistricting so now they want the process they created held unconstitutional.  The Republicans in California are fighting the Arizona Republicans because if the Commissions are held unconstitutional, then Republicans in California will be the big losers.


This man is a graduate of Harvard law school - which for the record has more graduates as public officials behind bars than any other law school in the U.S.


I finally surrendered to the pain and got up - been tossing and turning since 2:30.  On the surgery I have been assigned a liver organ transplant surgeon to go in and try and complete the removal of my gallbladder.  The operation will be at Doctors Renaissance on the 14th of July.  I expect coloring books, crayons, and Play-Doh.  So long as I hold under 101, I am to use Tylenol for the pain. Eating is a challenge inasmuch everything causes pain.  To say the least I am not putting much research or work into writing, although I am waiting on several AG opinions.  Yesterday I was in bed nearly the entire day trying to sleep.


Be patient I will get to Ted Cruz

It may surprise many, but I am kind of bored with the issue.  For me my boredom climaxed the other night when I listen to an interview by a 23 year old male to female transgender.  At some level it was interesting because she seems to be dismissing the social construct of what a woman is, and finding her own way - this is good - although in some ways she was still buying into some archaic notions which if still fully in play today would have women barefoot and pregnant in the kitchen.


The interview starts at about minute 26. Click for Interview

I am concerned I should not post this, but it is on the internet - I am posting it because it is insightful about generational differences.  Parents will get part of it - our young adults sometimes need to be allowed to look upon us as not getting life.  It is actually hard on the parents and close family members.  But it is a totally naturally process.  In the end over time we all move on - it is just part of moving into adulthood.  People should not take it personal.  People sometimes just need their space.

An interesting insight was the observation by the black interviewer to the white female as to why generally LGBT tend to celebrate in spite of the discrimination instead of being down about the discrimination such as blacks.  Well the histories are different.  And the statement was an overstatement.  There are plenty of black families in this country who look to their heritage and celebrate while moving beyond the negatives.  There was a time the greatest universities were in Northern African wherein algebra advanced under the Moors.  Black history is actually a history of great triumphs.  Conversely, I would submit the members of the LGBT community who committed suicide, turned to drug addiction, and prostitution did not exactly turn the battle in to a positive.

In 1983. a group of us in Dallas declared war on the white male supremacist in the Dallas Gay Alliance.  We were deemed outcasts - a label I carry with pride.  We demanded the organization name be changed to Gay and Lesbian Alliance. We were dismissed as trouble makers. 

We demanded a boycott of the clubs until they hired blacks, browns, and women as bar tenders - we were labeled as trouble makers.

We demanded it was time to openly discuss the high rate of gay youth suicide as a way to educate the public and were denounced as trouble makers.

We pushed forward on Parents and Friends and Gays and Lesbians only to be labeled trouble makers - but then to have the self anointed white male leadership come begging to be part of the movement once they realized we were making great strides forward.

I stopped going to the Dallas Pride Parade the day they announced transgender/transsexuals, and men in leather would not be allowed to have floats because it did not fit the image of the white male leaderships image they wanted to project to the community at large.  The fact it was these very groups who took the beatings at Stonewall in New York, meant nothing to the white male leadership.

The battle against the white male supremacist leadership in the gay community continues to dominate the conversation.

What I did not like about this interview I referenced above was, the battle was being painted as something new, and ignored for the last 30 years.   The battle was as real 30 years ago as it is today.

I will never forget when my client and I were on the Today show, and it was suggested that we also film the Phil Donohue show the same day since we were already in the studio.  This was 1993. The Today Show rejected the segment of my black female client in favor of a while male who in the green room was pushing the producers to allow him to speak about men child relationships.  Do you know how insulting that was?  The Donohue show informed us that it was decided he only wanted white male military personnel on his show because that was the image the self anointed gay leadership believed would best promote our cause.

This battle has been long and hard.  Tens of thousands died of AIDs because of ignorance and a U.S. government policy which in the beginning did nothing to educate and stop the spread of HIV.

The self anointed white male leadership may not care, but I do - we lost far too many people in this war for equality, and today I think - thank god they had the courage to fight and educate, in spite of the ignorance and oppression the self anointed gay white male leadership tried to impose upon all of us.  While those who came out to fight first were routinely denounced by the self anointed gay white male leadership, without the first fighters we would be nowhere.
The Human Rights Campaign and their oppressive way of our way or the highway delayed the victory and in fact was as oppressive against equality  as the actions of the religious right.
Oh the press will never allow for this truth - but we know - those who fought the enemy from within know the truth.
I needed to give the background because people need to understand on both sides it has been more about politics and power than true equality.
Ted Cruz is not stupid - just a sociopath.  Do you know what the defense will be by the County Clerk if they get sued for refusing to issue the marriage license?  Immunity because they are not acting individually, but as the State.  And therein my friends is the con by Ted Cruz.  If they are acting as the state, then they are not acting individually and their religious beliefs are meaningless, because the state has no religious beliefs.  Ted Cruz knows this - but he is pandering to the ignorant in hopes he can become president.  Cruz, Rubio, Jindal and Perry will be some of first to fall out of the presidential race.
I wonder how the religious right would react to learn Ted Cruz nominated openly gay Robert Pitman to be a federal judge?  The press has a black out on this truth because it does not work in well with the PC bull-shit journalism.

Friday, June 26, 2015



Cameron county issuing marriage licenses.  The vendor is working on changing the licenses to reflect the current law. Upon request once the new program issues the clerk will issue a new license.  The clerks office is working around the state application.   But be sure the licenses are issuing and judges are scheduling the weddings

The Cameron county Clerks office has no comment at this time as to what they will do.  JP Salazar has already received calls on performing marriages, but is on hold pending the issuing of any licenses.

Concerning the claim having to perform marriages may offend the judges religious beliefs is pure BS.  The Rules of Judicial Conduct prohibits judges from discriminating based on Sexual Orientation, so unless they want to give up doing all marriages, they must also perform gay marriages.

The above picture is from the Dallas Morning news with the following caption:

"Following the Supreme Court's ruling Friday morning that states must issue marriage licenses to same-sex couples, Chris Glover and Richard Douglas McAlloster were one of the first couples to register for a license at the Dallas County Records Building."

Cisgender refers to individuals who follow the social construct of gender as assigned to them at birth - non-cisgender refers to everyone else.  I prefer the term non-cisgender over transgender for example because I believe transgender mischaracterizes the process of embracing your true gender versus  that assigned at birth via a social construct which began with a grunt by a caveman.

This story will develop as the day progresses. 

This will be the next battle. Justice Kennedy in his opinion already addressed the issue - so when a state tries to prevent a non-cisgender

"Travis County clerk Dana DeBeauvoir began issuing same-sex marriage licenses at 10:30 a.m. Friday and said her office will stay open until 6:30 p.m. Extended office hours will continue next week and through the Fourth of July weekend."

Click for Statesman


The Supreme Court in a 5/4 ruling - Justice Kennedy writing the majority opinion with Chief Justice Roberts dissenting, found marriage is a fundamental right.  Nothing new here.

What I love most about the opinion is it vindicates my Master Thesis on Juridical Methodology on the Supreme Court.  The Court recognized the importance of the democratic process while also noting our understanding of liberty changes as we learn more about one another and the impact certain laws have on people.  They noted as social norms change, the concept of liberty will also change. 

Note the social construct on gender begins with a caveman grunt.  Social norms about women and their role in society have evolved ever since.  This is not new - it is just rejected by the anti-science - anti-history - anti- reality bigots.

A 200 year review of Supreme Court opinions, while working on my thesis showed this pattern, which in turned formed the basis for my Master Thesis in American Government

Click for Opinion

The last paragraph on page 28 of the opinion says it all.  It defines the essence of marriage - if you cannot agree with this, then you miss the entire point of marriage.

The opinion and in particular the last paragraph of the opinion are lovely.  Justice Kennedy in his opinion celebrates marriage in a way I hope will make marriage an even stronger institution.  One might consider that maybe the high rate of failure in marriage comes from those who reduced it to genitalia instead of how Justice Kennedy sees marriage.


Just because you can marry - do not do it - remember once you marry, unless you have an enforceable prenup, the state decides your life if you get divorced.  I do not believe in state sponsored marriage for anyone.  For me, I should be allowed to sign a prenup announcing our marriage, file it with the county clerk, and then for legal purposes be married.  If the marriage fails the dissolution should be guided by the prenup.  Unless there is an enforcement issue with the prenup, I see no reason why the state should be involved - save the capacity to consent - which includes a minimum age.


Every major county in Texas has announced they will start to issue marriage licenses today, save Harris [Houston].

Thursday, June 25, 2015


"This is the key sentence, written by Kennedy: “Recognition of disparate-impact liability under the FHA plays an important role in uncovering discriminatory intent: it permits plaintiffs to counteract unconscious prejudices and disguised animus that escape easy classification as disparate treatment.

Having Fox news guarding the hen house is like having the KKK guarding the law on racism.

See Original Article


In a 6/3 ruling with Chief Justice Roberts and Associate Justice Kennedy joining the liberals on the court, with Roberts writing the opinion, Obamacare stands.  The federal government can continue to pay subsidies for those under the federal exchange because states like Texas chose to not set up exchanges.

The Brownsville Housing Authority will want to read Texas Department of Housing.  The issue is disparate impact in allocation of housing funds.  It is not only about race.  The Brownsville Housing Authority refuses to enforce the contracts with the landlords who are part of the voucher program, or the discrimination statutes and in particular for families with children.  the landlords prefer seniors over family and the BHA helps them to carry out this intentional act of discrimination against families.

Will cover any further opinions later - late for appointment

Wednesday, June 24, 2015

Order (Judicial Officer: Olvera, Rolando )
Order (Respondent's Motion for Summary Judgment is granted
The order was issued today.  Gag orders never work - especially when they are overbroad and vague.  It is axiomatic in U.S. Constitutional law prior restrain gag orders are unconstitutional.  The courts can use them to protect the integrity of a criminal trial if narrowly tailored.
But Jerry needs to remember - just because a gag order is not enforceable does not mean his speech cannot be used against him to limit his access to his son.  If a therapist were to find alienation of affection being caused by the speech or emotional distress, the court can limit access to the child to protect the child.  This is not prior restraint.
Remember we are free to speak, but equally responsible under the law for what we say.
Speech won today. 
Beyond taking a victory lap for speech Jerry, let it go.  Your writing is better without that anger.
Well some may be curious why he is not yet sitting on the federal bench.  Just because you have been confirmed by the Senate does not mean you take the federal bench.  There is a transition process of about 2-3 months.  He will be there soon enough.


Texas A&M is giving to us not taking.  It is time to tell UT to go screw itself.  There will be consequences if Lincoln Park is not on the July 7th agenda.  We do not need nor want UT.

EMAIL YOUR CITY COMMISSIONERS:  Tell them removing Lincoln Park from the discussions with UT must be on the July 7th Agenda or there will be consequences.  Tell them Texas A&M is who we want, not UT.  It seems to me the TSC Board of Trustees is doing the right thing by bringing Texas A&M in at no cost to us.  Anyone who knows the UT Engineering program knows our students are having to go to Edinburg for the advance courses.  Texas A&M wants to bring the courses to us. 

Texas A&;M is a better match for South Texas.  Farming is a big part of who we are. Whether we like it or not natural gas is about to become a big part of South Texas.  The Mexican pipe line from South Texas to Mexico will be important to us whether we like it or not.  Texas A&M engineering programs are more in tune with Brownsville.

Dump UT -

Here are some examples of what A&M is doing for us:

"McALLEN, RGV – On a visit to the Rio Grande Valley on Wednesday, Dr. Brett Giroir, CEO of Texas A&M Health Science Center, explained why A&M is investing so heavily in South Texas.
“Some people say, are you here because of all the problems in South Texas. I say, no, it is not at all and you are missing the point. We are here because of the promise of South Texas,” Giroir said, while attending the signing of an articulation agreement between his institution and South Texas College."


"WESLACO, RGV – The University of Texas is trying to stop Texas A&M University-Kingsville from launching a school of engineering in the Rio Grande Valley, arguing that it is duplication of educational opportunities already provided in the region."


This is a combination post as a message for people I know who will be looking to the BV for a status on a certain family member of mine, and to say I am sick - real sick - I have a major cold and cough.

I was in McAllen when I had to cancel some of my plans to rush back to Valley Regional.  For those I know looking for information he is stable.  The problem is the same as earlier in the year - but maybe not so bad this time.

The team of doctors who saved his life last time are on it.  Although as to the surgeon the ER doctor refused the request of the family and PC to write orders to allow the surgeon to see the family member.  There were several very angry doctors who were in disbelief.  By the time he was taken to his room I was told to tell the family it was just a misunderstanding and shown the orders which had just been signed.

This is what happened at Valley Baptist earlier in the year.

The family has left orders no visitors other than family and Bob.  He cannot be stressed out by having to tell the same information over and over again.  Hopefully this one will resolve on its own without another surgery.  We are hopeful he will be out in a day or two.  The surgeon will see him in the morning.  I should be at Valley Regional most of the day.

Tuesday, June 23, 2015

Texas AM to partner with TSC to create engineering academy. Chevron is a sponsor


"After years of debate and a 2014 referendum, a small town in Spain has changed its name from "Castrillo Matajudios" or "Fort Kill The Jews" back to its original name of "Castrillo Mota de Judios" or "Jew's Hill Fort."

Click for NPR

Maybe the plight of war will leave Matamoros if it chooses a more peaceful less violent name - a big maybe - but when the name of your town promotes violence - it should not shock you, you have a violence problem.


The candidates without substance are themselves or through their supporters posting endless rumors about the other candidates.  The BV rejects them all.  On the Sheriff's race, unless a well funded with a strong political machine democrat challenges Lucio he will win by a landslide again.  Guys, please do something to end your misery - if the best you have is he is old you have nothing.  Endless rumors about his age and who is running the show will not get through at the BV, and neither will the claims just about everyone who has announced has been indicted or is about to be indicted.  If you cannot run a campaign of substance then do not run.  There is zero chance a Republican will win.  The Republican party nationally is dying fast with endless divisions between it different voting base and money base.

As to Sofia Benavides - her seat is open - not matter what she tells you she is not running.  She will pull out at the last second in favor of her niece.  Her niece has told this story to too many people.  But here is the deal, just because it is an open seat does not mean you can win by simply placing your name on the ballot.  You need money - and lots of it - and at least half the political machines in the district backing you. 

But it does not end there.  I suspect in this race I will be voting for none of the candidates.  I am looking for a candidate who can explain to me and the voters what the existing commission did wrong in terms of moving Cameron county forward as a metroplex, and how they intend to do things different.  And a please telling me you are going bring jobs will be more painful for me to hear than self castration.  Try a promise which every politician has not made since the time Greece was a great democracy.  If you have not studied how McAllen did it, and other cities and can demonstrate you understand the models, you will not get favorable coverage from the BV.  I do not care who runs - if you can explain with evidence how you can make Cameron county into a metroplex, you will have my vote - no matter who you are.

The County Judge race - Pete Sepulveda may be a good administrator but a visionary he is not.  His approach is that of a simpleton, and as such he will keep Cameron county and Brownsville down.  Dan Sanchez has studied the issue and knows how it is done -but his unwillingness to abstain from votes involving the judiciary tells me he has major ethical problems.  His lack of ethics will side track any great ideas or developmental models he may have.

As is the same with all fake politicians now that the election is over, they are dead silent on the issues of the day.  The deal with UT is simple - UT will gift to the city all of the land around the area near the sewage treatment plant and the cost of moving or rebuilding the amenities at Lincoln Park in exchange for Lincoln Park - the deal is done.
Where is Valley Interfaith protesting? - where is Roman Perez standing with the people? - well the election is over so they are dead silent - a con artist organization which plays on the emotions of the people to appear relevant and a con artist politicians who goes into hiding every time he loses an election.
These issues still matter.  How about a major rally at Lincoln Park this weekend telling the commissioners if the issue is not on the July 7th agenda there will be accountability.  The commission must vote to remove Lincoln Park from the discussions with UT.
I can tell you there are not two commissioners willing to sign off on an agenda item to put Lincoln Park on the July 7th agenda to pull it from discussions with UT. 
Cesar de Leon is too busy with Rick Longoria trying to find the four votes to give Jaime Escobedo the security contract for the city.  Yes Cesar did meet with Jaime Escobedo for lunch to discuss the issue.  Solid sources have verified this.
The other thing I am hearing is Cesar does not want to be forced to show his hand too soon.  It is time Cesar meet his Brutus and learn if this item is not on the July 7th agenda his political career is over. It needs to be made clear to him, when Lincoln Park is lost he alone will hold all of the blame. The loss of Lincoln Park needs to become his Brutus.
He does not want the issue on the July 7th agenda.  So because without Cesar they do not have 4 votes no one is willing to put it on the agenda. 
For good measure they also need to put on the July 7th agenda reinstating live coverage of public comment.  I defy Sossi or any city commissioner to reference one case wherein any political entity has been sued because of what a citizen said during public comment - it has never happened - it was all one big lie. 
I know this is futile because with rare exceptions my readers are like Roman Perez and Valley Interfaith - the election is over so why care.  But for the few of you who do care - email our city commissioners and demand they put Lincoln Park and reinstating TV coverage of public comment on the July 7th agenda.  Make it clear to them - you do not care if they do not have the 4 votes - you want to see who lied during the campaign.  It is time the traitors meet their Brutus.
I do not want to hear Cesar says this is a lie - just put it on the agenda and then whether my sources are lying or not will not matter.
Click for commissioner emails.  - care or stop complaining

We are at a point wherein competence does not matter.  At the VA you just do as you please and you cannot be fired.  Again the problem is not the doctors - it is on the administrative side.

Some numbnut who knows nothing about VA care wrote a regulation which says the VA will only pay for outside services which are also covered by Medicare.  Well here is a shocker - the VA by law must by provided all needed care, whereas Medicare must only provide the care approved by Medicare.

The VA in Harlingen, and probably the entire country, was unaware of the regulation change and continued to send veterans for services not provided by the VA to private doctors who accept VA vouchers.  In the case of services which are not covered by Medicare, even though the VA Harlingen issued the vouchers to the doctors saying they will be paid, because it was a violation of the regulation, the VA will not now pay the doctors.

Here is the real kicker - the doctors have few option in terms of going after the VA for payment because the VA is basically not bound by a voucher for unauthorized services.  But by the same voucher which the VA says it will not honor, the doctors by law cannot go after the veteran for payment.

Now there is only a handful of care options Medicare does not cover.  But for now, because some paper pusher and number cruncher who did not understand Medicare does not cover all medical services, veterans who are entitled to 100% medical care [not all veterans get 100% medical coverage - it is a very complex system based on service connected disability and income- and co-pays for services and medications - yes many of us pay co-pays based on income level] are now being told they are on indefinite hold until someone in Washington fixes the problem, or releases funding to pay all of the doctors who are now unpaid.


Yesterday because the person assigned to coordinating my gallbladder surgery was unwilling to do her job - not the first time for this person - I had to fax over to the McAllen surgeon all of my VA and original surgeon of choice medical records and referral.  She had everything, but she claimed she did not know how to access them and then fax them to the surgeon in McAllen.  I get copies of everything so I had them and faxed them over.

Now we wait - the VA will not schedule the appointment until the new surgeon reviews everything and decides how fast he will see me.  Based on last nights fever and pain I am going to end up doing this the worse possible way - going by ambulance to Valley Baptist and then pray that my original surgeon of choice will agree to do the surgery at VB even though he has already told me there are no surgeons in Brownsville qualified to do the surgery. The option is to wait for the gallbladder to rupture which will then make it a lot worse for everyone, or go to the ER when I can no longer stand the fever or pain and hope my original surgeon of choice will do the surgery even though he believes the liver complications put the surgery outside his skill set.  Trust I appreciate his honesty.  There are brilliant surgeons who cannot do everything - and since it is incredibly rare a person needs their gallbladder out twice - I understand why he prefers a specialist in liver surgery.


As I am editing this the liver surgeon's office called and he will see me on Friday.

Monday, June 22, 2015


EDITOR'S NOTE:  We are at the point more decisions can come any day even thought there is no calendar item announcing new decisions.  This is the week of decisions.  The last day will be next Monday.  I am waiting on three opinions  - Marriage Equality, Obamacare, and Redistricting.  In the Redistricting case Arizona Republicans are challenging a referendum they pushed for which sets up an independent committee to redistrict every 10 years.  After it did not work out the way they thought it would they sued to have it held unconstitutional.  Note guys this is Republicans challenging a referendum passed by the people, the Republicans themselves put on the ballot.


I strongly recommend that he and his staff read Kingsley v. Hendrickson.  It holds that reasonable force is not what the officers find to be reasonable force, but what would objectively be unreasonable force.


What makes the Marvel decision interesting is the dissent. I do not have the time nor interest in verifying the argument of the dissent - but it does not shock me.  I've always wanted to write a book on the issue raised by the dissent.  The question is really simple - can two private parties write a contract for royalties beyond the date the patent ends?  In the 60's the Court said no, and today based on the claim of stare decisis the Court found parties cannot enter into such private contracts.


The dissent notes the original decision in the 1960's was not based on the patent statute, but on an economic theory created by the court.  What makes the majority's opinion disingenuous is they repeatedly say Congress has had many opportunities to reverse the original Supreme Court ruling by amending the patent statute. 

But if the dissent is accurate the 1960's ruling was not based on the language of the statute but judicial fiat.  If this is true, where is the respect for Congress? 

If you want to understand just how disingenuous the Supreme Court can be, this is the opinion you should read.  You only need read the dissent.

To quote Justice Robert Jackson "I see no reason why I should be consciously wrong today because I was unconsciously wrong yesterday.”  Massachusetts v. Washington, dissenting opinion.

While Justice Jackson is by far my favorite Justice - for his candor and straight language -  just two years later he penned the Feres decision which followed the same reasoning he dissented against in Massachusetts.

All my long term readers know I am about process not result.  The result in Feres is correct - the problem is there is no congressional support for it.  The Court simply assumed the Federal Torts Claim Act did not apply to military personnel based on negligence by a military doctor because veterans receive benefits from a workman comp type system set up by Congress through the VA.  True enough -  but Congress messed  up by not excluding veterans.  It was for Congress to fix the law, not the Court.  Again I 100% agree with the result in Feres, but it is judicial activism.  The Court should have allowed Feres' claim to proceed, and rightfully so Congress would have fixed their mistake.

In the Marvel case it is the same thing.  The statute does not address the issue, so the Court devices an economic theory to justify its reasoning.  No it was for Congress to fix the problem and not the Court.

The Feres Doctrine went from a simple oversight by Congress, to something which was never in the opinion. Its progeny now provides that if a military air traffic controller causes an air accident the civilian victims cannot sue because the military is immune from suit.  There is nothing in the Feres decision which remotely comes close to this result.

But this is how judicial activism works.


"Genesis 1:28King James Version (KJV)

28 And God blessed them, and God said unto them, Be fruitful, and multiply, and replenish the earth, and subdue it: and have dominion over the fish of the sea, and over the fowl of the air, and over every living thing that moveth upon the earth."

The issue is global warming.  Pope Francis clearly believes we have a duty to protect that which God gave us dominion over.  Now before I hear it , you might want to check the variant definitions of subdue and its historical meaning over time.

But logic tells us, God did not give us dominion over his creations to destroy them. 

The gift was clearly given to us to sustain us, and not for us to destroy.

"Genesis 1:29King James Version (KJV)

29 And God said, Behold, I have given you every herb bearing seed, which is upon the face of all the earth, and every tree, in the which is the fruit of a tree yielding seed; to you it shall be for meat."


In considering the Pope's position remember he is a trained chemist.  The argument the Pope has no business speaking about preserving the earth and the gifts from God only proves how far out Fox News really is.  Catholics are not going to respond well to such attacks on the Pope.  The penalty will go to the Republicans.

The Pope on Twitter explained his position

Pope Francis
Earth is essentially a shared inheritance, whose fruits are meant to benefit everyone.
For me the Holocaust statement was powerful. Long before Hitler was a voice in Germany, Henry Ford published in the Dearborn Independent a series of articles knows as "The International Jew." I  inherited from my father [passed 52 years ago today] a book form of the essays, republished by a Christian minister.  So there is no confusion my father was arrested many times with Jews who like himself were labelled by the FDR administration as communists for trying to organize the workers into unions. 

The anti-Jewish sentiment in the US leading up to and during WWII is why we ignored what Germany was doing to the Jews.  This is historical fact we do not teach in our schools.

Henry Ford was in Germany helping Hitler to build a name for himself, while financing him, and eventually helping Hitler build the military industrial complex which became his war machine.  Henry Ford made millions on helping Hitler.  This is another one of those facts we cannot speak of in our schools.

Pope Francis is spot on - it is time Christians ask themselves are they walking the walk or just going through the motions with the same old BS - "I believe Jesus is my savior so I can do as I please."  No, salvation is living the message of Joshua, and not in claiming he is your savior. 


Catholics and other Christians will begin to question the Republican message.  They will tire of the attacks on the Pope.

Pope Francis is moving forward with the message of Joshua without concern for how corporate American and the fake religious right will respond. 

It says a lot about the Republicans when they claim to stand for the churches until one of its leaders refuses to buy into its message, and then all of a sudden the Pope should stay out politics.