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House Scolds Court on Sex Survey Suit Toss
AP ^ | 11/16/5 | ERICA WERNER

Posted on 11/16/2005 3:28:23 PM PST by SmithL

WASHINGTON -- The House voted Wednesday to scold a San Francisco-based federal appeals court for dismissing a lawsuit by parents outraged that a school district surveyed their young children about sex.

Over objections from some Democrats who complained Republicans were seeking the kind of judicial activism the GOP normally denounces, lawmakers voted 320 to 91 for a resolution that said the decision by the 9th U.S. Circuit Court of Appeals "deplorably infringed on parental rights."

The resolution says the 9th Circuit should rehear Fields v. Palmdale School District. The unanimous ruling by a three-judge panel earlier this month said that "parents are possessed of no constitutional right to prevent the public schools from providing information" on sex to students.

"What we are speaking to here is a case in which a court, I believe, far overreached the issues involved in a case and declared parenting unconstitutional," said Rep. Tim Murphy, R-Pa., who offered the resolution.

(Excerpt) Read more at sfgate.com ...


TOPICS: Government; News/Current Events
KEYWORDS: 9thcircus; ittakesavillage
Now break it up!
1 posted on 11/16/2005 3:28:25 PM PST by SmithL
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To: SmithL

I wrote my rep and senator about this...I'd like to think that helped this measure along.


2 posted on 11/16/2005 3:33:48 PM PST by beezdotcom (I'm usually either right or wrong...)
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To: SmithL

Time to Impeach the ENTIRE 9th Cicus Court?!


3 posted on 11/16/2005 3:35:28 PM PST by zzen01
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To: SmithL

Not enough to break it up. Reduce the territory of the Ninth Circuit to San Francisco. Then appoint new judges for the rest of the territory.


4 posted on 11/16/2005 3:36:35 PM PST by Brilliant
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To: SmithL
The House voted Wednesday to scold a San Francisco-based federal appeals court

Are they the UN?

5 posted on 11/16/2005 3:37:39 PM PST by nonliberal (Graduate: Curtis E. LeMay School of International Relations)
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To: SmithL
This house resolution means what to the the 9th Circuit?

If on the other hand they voted to remove these three judges from the bench for their flagrent decision against parental rights that would be something.

This is a lot of symbolic nothing of house members distencing themselves from something that has conservatives and MODERATES seeing red.

6 posted on 11/16/2005 3:38:38 PM PST by Rocketman
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To: SmithL

A resolution means NOTHING!!! Especially coming from this spineless congress.

If we don't reign in our court system, this country is finished within 20 years.


7 posted on 11/16/2005 3:40:23 PM PST by jcparks (LFOD)
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To: SmithL

"Over objections from some Democrats"

They are just disgusting. They see this as judicial activism but certainly don't see that in Roe v. Wade. The party of oblivion.


8 posted on 11/16/2005 3:40:34 PM PST by mlc9852
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To: zzen01

"Time to Impeach the ENTIRE 9th Cicus Court?!"

There is one guy on that court I like. I can't remember his name, it's Alex something.


9 posted on 11/16/2005 3:41:49 PM PST by NapkinUser ("It is a damn poor mind indeed which can think of only one way to spell a word." -Andrew Jackson)
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To: SmithL

9th Circus Bump.


10 posted on 11/16/2005 3:42:01 PM PST by RJL
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To: SmithL
Well I guess this means that Republicans only support strict constructionism when it leads to the outcome they desire.
11 posted on 11/16/2005 3:46:33 PM PST by Moral Hazard ("Now therefore kill every male among the little ones" - Numbers 31:17)
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To: SmithL
Stupid resolutions and proclamations are a symptom of a do-nothing Congress. If Congess really wanted to make a stand, they would promptly pass a law withholding Federal funding from any school district that engages in the kind of surveys that are at issue here. But that might actually accomplish something. (BTW, the Ninth Circuit is correct in that nothing in the Constitution expressly gives parents control over the education of their children once they turn them over to the public education system. I have to believe, however, that educating our children about the birds and bees falls with the penumbra that the SCOTUS invented in deciding Griswald and Roe, and their progeny.)
12 posted on 11/16/2005 3:54:07 PM PST by Labyrinthos
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To: zzen01

IMHO, if any judge or panel of judges is overturned three times in a row they should be investigated for judicial misconduct, and if found to be morons, impeached.


13 posted on 11/16/2005 3:57:11 PM PST by Lancer_N3502A
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To: Lancer_N3502A

YEP!


14 posted on 11/16/2005 4:00:54 PM PST by zzen01
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To: zzen01
The "ultimate impeachment" of anti-American lunatics like those on the 9th Circus Court, in Sacramento, in Washington, in the Editor's offices, in Academia, in various City, State and Federal offices........can not be far ahead....

The enemy within is identifying themselves, without fear and with confidence they will prevail ----- so long as we remain "silent" and "compliant".....

How long do you think THAT can last?

The 2nd Amendment was written for a reason....
To defend the Republic against ANY treacherous government...

Semper Fi
15 posted on 11/16/2005 4:49:19 PM PST by river rat (You may turn the other cheek, but I prefer to look into my enemy's vacant dead eyes.)
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To: SmithL

91 congress-creatures saw nothing wrong with this questionnaire or the Court's finding.


16 posted on 11/16/2005 5:10:48 PM PST by OldFriend (The Dems enABLEd DANGER and 3,000 Americans died.)
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To: OldFriend
"91 congress-creatures saw nothing wrong with this questionnaire or the Court's finding."

How do you know that they didn't find nothing wrong with the Court's finding but did find something wrong with the questionnaire?
17 posted on 11/16/2005 5:24:33 PM PST by Moral Hazard ("Now therefore kill every male among the little ones" - Numbers 31:17)
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To: SmithL

pingitout tomorrow. Good news for a change.


18 posted on 11/16/2005 8:31:16 PM PST by little jeremiah
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To: SmithL

http://www.cnsnews.com/news/viewstory.asp?Page=%5CCulture%5Carchive%5C200511%5CCUL20051116b.html

House Urges Ninth Circuit to Rehear Sex Survey Case

By Nathan Burchfiel
CNSNews.com Correspondent
November 16, 2005

(CNSNews.com) - The House of Representatives on Wednesday adopted a resolution that urges the Ninth U.S. Circuit Court of Appeals to rehear the case of Fields vs. Palmdale School District.

The resolution passed by a vote of 320-to-91. Twenty-two representatives did not cast votes, including House Minority Leader Nancy Pelosi (D-Calif.).

The resolution urges, but does not require, the Ninth Circuit to rehear the case "en banc," meaning that all judges in the circuit would participate in the ruling.

In the original decision, three of the court's 47 judges presided over the case.

Parents sued California's Palmdale school district over a survey given to first, third and fifth graders that asked sexually explicit questions. In a controversial decision, the Ninth Circuit panel ruled that "... there is no fundamental right of parents to be the exclusive provider of information regarding sexual matters to their children."

The adopted resolution states that "the fundamental right of parents to direct the education of their children is firmly grounded in the Nation's Constitution and traditions." It also says the court ruling "undermines the fundamental right of parents to direct the upbringing of their children."

The bill's sponsor, Rep. Tim Murphy (R-Pa.), praised the House's action in a press release. "I believe the Court's decision overreached the issues in the case, overreached in its conclusions, and needs to be overturned," he said. "On behalf of every parent in America, Congress calls upon the courts to correct this deplorable injustice."

Murphy has also expressed his support for several bills in the House and Senate that would split the Ninth Circuit into two or more courts. The circuit has angered many Americans, especially conservatives, with decisions like the sex survey case and its decision that found the Pledge of Allegiance unconstitutional.

The Ninth Circuit could also hear a case against the motto "in God we Trust" that is found on United States currency, which is being brought by Michael Newdow, the atheist who led the challenges against the Pledge.


19 posted on 11/17/2005 6:42:40 AM PST by Calpernia (Breederville.com)
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To: Moral Hazard; OldFriend

I think post 91 has a little more on what OldFriend said about the 91 representatives.


20 posted on 11/17/2005 6:46:57 AM PST by Calpernia (Breederville.com)
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To: Calpernia

"I think post 91 has a little more on what OldFriend said about the 91 representatives."

Was suppose to be:

I think post 19 has a little more on what OldFriend said about the 91 representatives.


21 posted on 11/17/2005 6:47:31 AM PST by Calpernia (Breederville.com)
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To: little jeremiah

bumping for your ping list


22 posted on 11/17/2005 6:47:56 AM PST by Calpernia (Breederville.com)
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To: Calpernia

Thanks - will be doing thing ping thing in a short while!


23 posted on 11/17/2005 9:58:08 AM PST by little jeremiah
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