Ohio Supreme Court ignores Governor, won't lower flag to honor pope

[Algorem]

http://www.cleveland.com/news/plaindealer/index.ssf?/base/news/11130390199611.xml
Saturday, April 09, 2005
T.C. Brown
Plain Dealer Bureau
Columbus- In a fit of judicial independence, the Ohio Supreme Court ignored the lead of many of the world's governments that lowered their flags in honor of the death of Pope John Paul II.

Despite Gov. Bob Taft's directive to lower "all flags on state-owned property" until sunset Friday, the court stuck with its traditional practice of ignoring such gubernatorial, and even presidential, directives, said Chris Davey, the court's spokesman.

The building is court-owned, but Taft's directive is easily ignored.

"That proclamation does not apply to us," Davey said. "We are a different branch" of government...

[Flammable Materials]

1. Ohhhhhhhhhhh, SNAP! n/t

[Algorem]

5. God lightning-bolted the pole?

[othermeans]

17. Obviously no one on this thread read the article and as far as lowering

the flag to half staff it happens all the time and is allowed by federal law. So instead of accepting the blurbs that some of the people put out here about it being illegal to fly the flag at half staff for a foreign dignitary, perhaps a little research is in order.


http://www4.law.cornell.edu/uscode/4/7.html section m

For those of you who failed to read the article the right-wing
fundamentalist judge said that the court is above any directives given by the governor. An associate judge who is also not a Catholic said that it was in poor taste for the judiciary to take this stand but believe what you you want about an "independent" judiciary.

[Algorem]

18. Considering it's 6 Republicans and 1 Democrat,the odds of them making

a good decision are 185,001&1/2 to 1,according to my algae bra.

http://www.bluelemur.com/index.php?p=499

http://www.bluelemur.com/index.php?p=501

[othermeans]

19. Thank God a thinker and a reader I think I'll stay on the list a while

longer. I really can't believe that something as simple as this has
people going ballistic and then to side with a conservative judiciary!
Oh well...Chris Rock said that you know the world is really screwed up when the best rapper is white and the best golfer is black.

So I guess Democrats sending kudos to a Republican judiciary for being "independent" is probably in keeping with this topsy turvy kind of logic.

[Pinboy]

20. Please do stick around...

You're absolutely right. The President and Governors acted appropriately and pursuant to law in ordering this gesture of respect for the Pope, not as a religious leader, but strictly in his capacity as a foreign head of state. The Ohio Chief Justice either missed this distinction (or was being intentionally obtuse), as did his spokesman when he said, "The court must maintain a strict separation from any perceived religious influence."

I posted the President's proclamation on 2 or 3 threads here:

For Immediate Release
Office of the Press Secretary
April 2, 2005
President Bush Orders Flags Flown at Half Staff in Honor of Pope John Paul II

A Proclamation by the President of the United States of America

As a mark of respect for His Holiness Pope John Paul II, I hereby order, by the authority vested in me by the Constitution and laws of the United States of America, that the flag of the United States shall be flown at half staff at the White House and on all public buildings and grounds, at all military posts and naval stations, and on all naval vessels of the Federal Government in the District of Columbia and throughout the United States and its Territories and possessions until sunset on the day of his interment. I also direct that the flag shall be flown at half staff for the same period at all United States embassies, legations, consular offices, and other facilities abroad, including all military facilities and naval vessels and stations.

IN WITNESS WHEREOF, I have hereunto set my hand this second day of April, in the year of our Lord two thousand five, and of the Independence of the United States of America the two hundred and twenty ninth.

GEORGE W. BUSH

http://www.whitehouse.gov/news/releases/2005/04/20050402-3.html

[othermeans]

22. Thanks I hadn't seen the proclamation by Bush.

I don't understand people around here, we're supposed to be the reasoning ones. Then they jump on some bandwagon about an "independent" judiciary. What good is it when the "independent" judiciary makes uninformed or erroneous decisions?

Thanks again for the link.

[mmonk]

2. An independent judiciary?

An interesting concept in these times.

[AussieDave]

3. And it must be squashed !!

Squashed I tell you - IMMEDIATELY !!!

Another example of activist judges not following the RIGHT path.....

blah blah blah......

[ticapnews]

4. Expect Tom DeLay to start impeachment proceedings against the Justices...

Oh sure, he has no jurisdiction in a state Supreme Court, but why would that bother him?

[rodeodance]

6. te he --We are a different branch" of government."--makes me wonder

what the outcome would have been-had kerry contested the ohio eclection!!

[cidliz2004]

7. Whoa! Imagine that. Maybe one branch of our Government is

developing a good pair of balls - hopefully this will grow. What would happen a large amount of the courts followed accord and started a revolt against this White House, what could they accomplish?

[Igel]

8. Hmmm... doesn't the legislature fund the judiciary?

Where's their sense of independence when it's meaningful?

[Zynx]

9. I'm Catholic and lowering flags to half staff is simply not proper.

One, it's a foreign official and two, it's a religious official.

[demgurl]

10. Holy Cow!

Nice to see someone still has a set on them!!! Too bad the judge will disappear and be kept under wraps due to our 'wonderful' Patriot Act.

[TygrBright]

11. I've been wondering this...

....since I first noticed the flags were half-staffed. I said "what the... Did someone die that I hadn't heard about?" (Hoping to get an answer like "Cheney bit the big one...")

No, just the Pope.

HUH?

Since WHEN do we lower the AMERICAN flag in mourning for the death of a foreign head of state?

Isn't there something in the Code of Flag Etiquette about who it is/isn't proper to lower the flag for?

Shouldn't it at least be an American citizen, dying in the performance of a public duty? Or in acknowledgement of extraordinary performance of public duties during his/her lifetime?

I dunno, maybe I'm offbase on this, it just seems weird to me.

curiously,
Bright

[OldLeftieLawyer]

12. Flag etiquette

I've noticed that soldiers in Iraq routinely autograph American flags to send back to their wounded counterparts who've been shipped back to the States.

This is so wrong. This is defacing the flag, and I cannot believe they're allowed - nay, encouraged - to do such a thing.

They're WRITING on the flag. I can't believe it.

[tanyev]

13. There's a photo of Dubya doing it, too.

Of course, our mere earthly rules and regulations do not apply to him.

[OldLeftieLawyer]

14. Just when I think he can't possibly get any more .........

disgusting, you tell me something like this, and I realize he hasn't bottomed out yet.

God, I hate him.

[tanyev]

15. Have you not ever seen that picture?

Here ya go.

[OldLeftieLawyer]

21. No, I'd never seen it

Unbelievable.

Along with his blatant disregard for every other law he doesn't care for here in America, his incredible ignorance makes him even more disgusting.

Thanks for this. It's unbelievable.

[Hosnon]

16. I LOVE the separation...and it needs to be constantly asserted...hehe