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Appeals court sides with workers suspected of being illegal immigrants
San Francisco Chronicle ^ | 6/16/8 | Bob Egelko

Posted on 06/16/2008 8:40:08 PM PDT by SmithL

SAN FRANCISCO -- A federal appeals court ordered reinstatement Monday for 33 janitors in Los Angeles who were fired because their Social Security numbers did not match the government's database, a ruling that could strengthen unions' case against a Bush administration proposal to pressure employers to get rid of suspected illegal immigrants.

The decision by the Ninth U.S. Circuit Court of Appeals in San Francisco did not address the legality of the administration's so-called no-match rule, which a federal judge blocked in October. That rule would threaten employers with civil fines and criminal prosecution unless they fired workers who failed to clear up discrepancies between their Social Security numbers and government records.

But in ordering the Los Angeles janitors rehired with back pay, the court said employees can't be fired merely because the Social Security number they submit differs from the number in the government's files - a major issue in lawsuits over the administration's plan.

A Social Security number discrepancy "does not automatically mean that an employee is undocumented," the court said. It was the first federal appeals court in the nation to rule on no-match letters.

The janitors worked for Aramark Facility Services at the Staples Center in Los Angeles. After receiving government letters in 2003 saying 48 employees' Social Security numbers did not match the federal database, the company gave the employees three days to clear up the problem. Fifteen did so, and the other 33 were fired.

The employees, whose union contract protected them from being fired without good cause, won reinstatement and back pay from an arbitrator, who said Aramark had no convincing information that they were illegal immigrants. A federal judge disagreed but was overruled Monday by the three-judge appellate panel.

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


TOPICS: Crime/Corruption; Front Page News; Government
KEYWORDS: 9thcircus; activistjudges; gramsci; illegalimmigration; impeach; subversion; unions
You knew it was the 9th Circus when you saw the headline, didn't you?
1 posted on 06/16/2008 8:40:09 PM PDT by SmithL
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To: SmithL
The decision by the Ninth U.S. Circuit Court of Appeals...

Well, that would be pretty much the same thing as "The End."

2 posted on 06/16/2008 8:44:30 PM PDT by TLI ( ITINERIS IMPENDEO VALHALLA)
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To: SmithL

Pitchforks and torches.

No wait, make that shovels and buckets..

to haul the latest load of manure to a higher court, hopefully for a reversal.. but who knows with the SCotUS the way they have been ruling of late.


3 posted on 06/16/2008 8:45:23 PM PDT by NormsRevenge (Semper Fi ... Godspeed ... ICE toll-free tip hotline 1-866-DHS-2-ICE ... 9/11 .. Never FoRget!!!)
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To: SmithL

Now gay illegals can be married too. Morality means nothing in a (9th) circus.


4 posted on 06/16/2008 8:45:39 PM PDT by mefistofelerevised
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To: SmithL

Maybe we should give all illegal aliens firearms after they cross the boarder and tell them if you can have a job you can have a gun.


5 posted on 06/16/2008 8:50:45 PM PDT by TheEaglehasLanded
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To: SmithL
WTF! Speechless...
6 posted on 06/16/2008 8:52:47 PM PDT by chaos_5 (Proud to be one of the 10% not rallying around McCain)
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To: SmithL
This is worse than insanity.

This is judicial despotism.

The Founding Fathers got many things right.

Lifetime appointments for judges was not one of them.

Where there is no competition, where there is no fear of losing your livelihood, there can only be stagnation and corruption.

7 posted on 06/16/2008 8:55:41 PM PDT by zeestephen
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To: SmithL

Sure I thought of the 9th immediately. It’s the one with the porno promoter for head judge, right?


8 posted on 06/16/2008 9:08:28 PM PDT by Paladin2 (Huma for co-president!)
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To: SmithL

IN CONGRESS, JULY 4, 1776
The unanimous Declaration of the thirteen united States of America
hen in the Course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn that mankind are more disposed to suffer, while evils are sufferable than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security. — Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.

He has refused his Assent to Laws, the most wholesome and necessary for the public good.

He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.

He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only.

He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their Public Records, for the sole purpose of fatiguing them into compliance with his measures.

He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people.

He has refused for a long time, after such dissolutions, to cause others to be elected, whereby the Legislative Powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within.

He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither, and raising the conditions of new Appropriations of Lands.

He has obstructed the Administration of Justice by refusing his Assent to Laws for establishing Judiciary Powers.

He has made Judges dependent on his Will alone for the tenure of their offices, and the amount and payment of their salaries.

He has erected a multitude of New Offices, and sent hither swarms of Officers to harass our people and eat out their substance.

He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures.

He has affected to render the Military independent of and superior to the Civil Power.

He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation:

For quartering large bodies of armed troops among us:

For protecting them, by a mock Trial from punishment for any Murders which they should commit on the Inhabitants of these States:

For cutting off our Trade with all parts of the world:

For imposing Taxes on us without our Consent:

For depriving us in many cases, of the benefit of Trial by Jury:

For transporting us beyond Seas to be tried for pretended offences:

For abolishing the free System of English Laws in a neighbouring Province, establishing therein an Arbitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies

For taking away our Charters, abolishing our most valuable Laws and altering fundamentally the Forms of our Governments:

For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.

He has abdicated Government here, by declaring us out of his Protection and waging War against us.

He has plundered our seas, ravaged our coasts, burnt our towns, and destroyed the lives of our people.

He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation, and tyranny, already begun with circumstances of Cruelty & Perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.

He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to become the executioners of their friends and Brethren, or to fall themselves by their Hands.

He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless Indian Savages whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions.

In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince, whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.

Nor have We been wanting in attentions to our British brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace Friends.

We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these united Colonies are, and of Right ought to be Free and Independent States, that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. — And for the support of this Declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our Lives, our Fortunes, and our sacred Honor.

— John Hancock

New Hampshire:
Josiah Bartlett, William Whipple, Matthew Thornton

Massachusetts:
John Hancock, Samuel Adams, John Adams, Robert Treat Paine, Elbridge Gerry

Rhode Island:
Stephen Hopkins, William Ellery

Connecticut:
Roger Sherman, Samuel Huntington, William Williams, Oliver Wolcott

New York:
William Floyd, Philip Livingston, Francis Lewis, Lewis Morris

New Jersey:
Richard Stockton, John Witherspoon, Francis Hopkinson, John Hart, Abraham Clark

Pennsylvania:
Robert Morris, Benjamin Rush, Benjamin Franklin, John Morton, George Clymer, James Smith, George Taylor, James Wilson, George Ross

Delaware:
Caesar Rodney, George Read, Thomas McKean

Maryland:
Samuel Chase, William Paca, Thomas Stone, Charles Carroll of Carrollton

Virginia:
George Wythe, Richard Henry Lee, Thomas Jefferson, Benjamin Harrison, Thomas Nelson, Jr., Francis Lightfoot Lee, Carter Braxton

North Carolina:
William Hooper, Joseph Hewes, John Penn

South Carolina:
Edward Rutledge, Thomas Heyward, Jr., Thomas Lynch, Jr., Arthur Middleton

Georgia:
Button Gwinnett, Lyman Hall, George Walton


9 posted on 06/16/2008 9:15:36 PM PDT by notaliberal (Christ Our Hope!)
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To: SmithL
You knew it was the 9th Circus when you saw the headline, didn't you?

I'd have bet the farm on it.
10 posted on 06/16/2008 9:16:07 PM PDT by loboinok (Gun control is hitting what you aim at!)
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To: SmithL

bump


11 posted on 06/16/2008 9:38:26 PM PDT by VOA
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To: SmithL

the 9th Jerkit Court of Schlemiels


12 posted on 06/16/2008 10:53:38 PM PDT by sofaman (Moses dragged us through the desert for 40 years to bring us to the one place in the ME with no oil.)
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To: NormsRevenge

“to haul the latest load of manure to a higher court, hopefully for a reversal.. but who knows with the SCotUS the way they have been ruling of late.”

I think Anthony Kennedy may be afraid of Obama.


13 posted on 06/16/2008 11:06:13 PM PDT by DesScorp
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To: SmithL

If I found out that someone was using my SS#, I’d go lookin’ for them! I’d want to, errrr,,,, meet them!


14 posted on 06/16/2008 11:23:17 PM PDT by Dr. Bogus Pachysandra ("Don't touch that thing")
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To: SmithL
Of course I knew it was the 9th. They can't seem to stay out of the headlines for all of their idiotic behavior and statements. Perhaps if we fitted them with muzzles...
15 posted on 06/16/2008 11:25:24 PM PDT by aggie21
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To: SmithL
the court said employees can't be fired merely because the Social Security number they submit differs from the number in the government's files

Merely. MERELY!!!

WTF does it take??

Now we have to prove they're here illegally rather than they prove they are legal?? What the hell? Who's names DO those mismatched SS numbers match? What the hell is going on here?..........never mind, see tagline....

FMCDH(BITS)

16 posted on 06/17/2008 12:30:15 AM PDT by nothingnew (I fear for my Republic due to marxist influence in our government. Open eyes/see)
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To: SmithL
ABSOLUTELY, couldn't have been anyone else!! That collection of porn aficionados can be counted on to rule stupidly every time.
17 posted on 06/17/2008 3:02:09 AM PDT by singfreedom
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To: Dr. Bogus Pachysandra

Isn’t it the truth! It is absolute HELL when someone else is using your SSN#!! It takes years to get it fixed and it can mess up your benefits forever, too.

Worst of all, the IRS can come looking for you.


18 posted on 06/17/2008 3:08:35 AM PDT by singfreedom
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To: notaliberal
You can't be publishing these radical, rabble rousing documents on an open forum. You'll get us all in trouble.

/extreme sarcasm (I hope)

19 posted on 06/17/2008 3:51:55 AM PDT by Hardastarboard (I have Zero Tolerance for Zero Tolerance policies.)
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To: SmithL
"You knew it was the 9th Circus"

You should read the article that you posted. It says the ruling was written by one of the most conservative judges on the court.

The solution to this problem is well known and was included in the last failed immigration reform bill.

Create a Real ID and link Real ID to employee verification.

20 posted on 06/17/2008 4:42:57 AM PDT by Ben Ficklin
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To: SmithL
Appeals court sides with workers suspected of being illegal immigrants after the latest beastility pornography was offered to the Court
21 posted on 06/17/2008 5:19:52 AM PDT by Diogenesis (Igitur qui desiderat pacem, praeparet bellum)
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To: zeestephen

No, they got it right.

Congress can stop the courts from ruling on any matters it deems shouldn’t be fodder for the courts. That includes this.

Also, the Executive branch can insist on not enforcing the rulings the Judicial branch dishes out.

We just need the other two branches, which we can vote out, to do their jobs.


22 posted on 06/17/2008 6:36:53 AM PDT by ConservativeMind
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To: SmithL; NormsRevenge; ConservativeMind
The 9th Circuit has to be the most ‘overturned on appeal’ circuit court in the country over the last 40 years by a long shot. Maybe in U.S. history.
23 posted on 06/17/2008 11:46:31 AM PDT by ProCivitas (Pro-Family = Natural Marriage + Fathers' Rights + Pro-Life + Traditional Divorce Standards)
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To: SmithL
You knew it was the 9th Circus when you saw the headline, didn't you?

And the USSC will slap down their ass... again!

24 posted on 06/17/2008 12:43:55 PM PDT by John123 (Obama said that he has been in 57 states. I will now light myself on fire...)
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