Monday, July 13, 2015


In a letter brief dated June 29, 2015, BISD's counsel outlines all of this past term Supreme Court decisions which provide that the BISD Trustees have a qualified immunity from suit. They then summarize all of the same decisions by the court of appeals for 2015.

Of note is what is not in the letter brief,  Nevada Commission on Ethics v. Carrigan, which is dispositive

The Supreme Court has been clear - Cata's and Luci's so called speech during Board meetings is not personal to them, but in fact belong to the people - case closed.

"But how can it be that restrictions upon legislators' voting are not restrictions upon legislators' protected speech? The answer is that a legislator's vote is the commitment of his apportioned share of the legislature's power to the passage or defeat of a particular proposal. The legislative power thus committed is not personal to the legislator but belongs to the people; the legislator has no personal right to it. As we said in Raines v. Byrd, 521 U. S. 811, 821 (1997), when denying Article III standing to legislators who claimed that their voting power had been diluted by a statute providing for a line-item veto, the legislator casts his vote "as trustee for his constituents, not as a prerogative of personal power." In this respect, voting by a legislator is different from voting by a citizen. While "a voter's franchise is a personal right," "[t]he procedures for voting in legislative assemblies ... pertain to legislators not as individuals but as political representatives executing the legislative process." Coleman v. Miller, 307 U. S. 433, 469-470 (1939) (opinion of Frankfurter, J.)."

The letter brief at page 4 goes on to mention several lower court opinions holding the same thing - the speech belongs to the people and not the legislator. 

Why BISD counsel absolutely refuses to bring this on point case law to the court's attention is beyond me.  But then the law firm is Joe Rodriguez's son's law firm, so we know there will be no accountability.

The law in this case is so clear - can anyone even fathom the Democrats suing the Republicans in the Senate so they can have their voice heard?  A federal judge would toss such a lawsuit the day it is filed.  But this is Cameron county, and we must put up with Judge Hanen who has devised in his mind he must save us Mexicans from ourselves.

Just the law judge nothing more nothing less.

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