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Tax propositions ordered to fund Tangipahoa desegregation plan (Federal Judge goes berserk)
The (Baton Rouge) Advocate ^ | November 18, 2010 | Faimon A. Roberts

Posted on 11/18/2010 5:53:08 PM PST by abb

U.S. District Judge Ivan L.R. Lemelle has ordered the Tangipahoa School Board to place a tax proposition on the April 2011 ballot, according to court documents.

The order, dated Wednesday, reinforces earlier court orders and Lemelle’s statements during a U.S. District Court hearing Friday in New Orleans, when he warned the board that failure to put the measure on the ballot could result in court sanction.

“To say, ‘We are not going to comply (with a court order)’ is not acceptable,” Lemelle told the board during Friday’s hearing. “You will force me to react.”

The School Board could face a contempt of court charge if it fails to place the measure on the April ballot, Lemelle said.

It was not clear whether Lemelle would sanction the entire board or individual members who voted against the proposal.

The tax proposals include a 29.5-mill parishwide property tax and a 1-cent sales tax. The two taxes must be passed together in order to help fund the parish’s estimated $200 million desegregation plan.

The tax proposals have been met by opposition from the public, including some of the board members.

“I opposed the plan because it was not representative of my people who would be hardest hit,” board member Sandra Bailey-Simmons, of Loranger, told Lemelle.

The judge told Bailey-Simmons that he appreciated her objections, but that the board had no choice.

“You as a party in the case have to comply with court orders,” Lemelle said.


TOPICS: Extended News; Government; News/Current Events; US: Louisiana
KEYWORDS: federaljudge; louisiana; taxes; tyranny
Black-robed tyrant strikes!
1 posted on 11/18/2010 5:53:14 PM PST by abb
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To: rrstar96; Uncle Sham; jubail; TornadoAlley3; 1COUNTER-MORTER-68; dixiechick2000; kms61; ...

ping


2 posted on 11/18/2010 5:53:57 PM PST by abb ("What ISN'T in the news is often more important than what IS." Ed Biersmith, 1942 -)
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To: abb

Lemelle, Ivan L. R.
Born 1950 in Opelousas, LA

Federal Judicial Service:
Judge, U. S. District Court, Eastern District of Louisiana
Nominated by William J. Clinton on February 12, 1997, to a seat vacated by Veronica D. Wicker; Confirmed by the Senate on April 3, 1998, and received commission on April 7, 1998.

U.S. Magistrate, U.S. District Court for the Eastern District of Louisiana, 1984-1998

Education:
Xavier University, Louisiana, B.S., 1971
Loyola University New Orleans School of Law, J.D., 1974

Professional Career:
Law clerk, Hon. Robert Collins, Orleans Parish Criminal District Court, LA, 1972-1974
Assistant district attorney, Parish of New Orleans, LA, 1974-1977
Private practice, New Orleans, LA, 1977-1981
Assistant city attorney, New Orleans, LA, 1977-1978
Assistant state attorney general, Louisiana Department of Justice, 1980-1984


3 posted on 11/18/2010 5:57:39 PM PST by fieldmarshaldj (~"This is what happens when you find a stranger in the Amber Lamps !"~~)
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To: abb

What if it goes on the ballot, and gets voted down?


4 posted on 11/18/2010 5:58:19 PM PST by Spirochete (Sic transit gloria mundi)
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To: abb

Go to hell Judge.


5 posted on 11/18/2010 5:58:47 PM PST by Bulldawg Fan (Victory is the last thing leftists and their fellow Defeatists want.)
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To: abb

Relocate Sec. 8 housing to the judge’s neighborhood then file a motion to reconsider


6 posted on 11/18/2010 6:01:07 PM PST by A_Former_Democrat (NO MOS-que AP: It's the "GROUND ZERO MOSQUE")
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To: Spirochete

It will. They’ve tried a tax a couple of times already. Here’s the political demographics of the parish.

http://www.epodunk.com/cgi-bin/politicalInfo.php?locIndex=3604


7 posted on 11/18/2010 6:02:58 PM PST by abb ("What ISN'T in the news is often more important than what IS." Ed Biersmith, 1942 -)
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To: abb

Impeach him.


8 posted on 11/18/2010 6:04:39 PM PST by B Knotts (Just another Tenther)
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To: abb

9 posted on 11/18/2010 6:11:21 PM PST by blam
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To: B Knotts
"Impeach him."

You're being nice.

10 posted on 11/18/2010 6:13:04 PM PST by blam
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To: abb

IIRC, there have been a few cases in the past where judges have flirted with ‘ordering’ a legislature to impose or raise taxes - looks like this might be the ‘test case’ that crosses that particular constitutional line....


11 posted on 11/18/2010 6:13:36 PM PST by Uncle Ike (Rope is cheap, and there are lots of trees...)
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To: Spirochete
What if it goes on the ballot, and gets voted down?

Probably find the voters in contempt and fine them the money he wants.
12 posted on 11/18/2010 6:13:42 PM PST by UnbelievingScumOnTheOtherSide (REPEAL WASHINGTON! -- Islam Delenda Est! -- I Want Constantinople Back. -- Rumble thee forth.)
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To: abb

Put the taxes on the ballot, close the schools, fire all the school employees and issue vouchers in equal sums to each student. No discrimination, give judge the finger.


13 posted on 11/18/2010 6:14:25 PM PST by Navy Patriot (Sarah and the Conservatives will rock your world.)
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To: abb

Looking into this a bit more, I’m a little confused. Louisiana must do government school funding differently than Oregon. Is all the funding done at the school district level? It sounds like the issue is that some district or districts in the parish have a smaller tax base, and they want to grab money from the wealthier districts. Is that accurate?

In Oregon, there is district-level funding, but most of the money is collected and distributed to districts by the state, as a result of voter-approved property tax limitations. There is also an equalization formula for the state funds, which makes disparities between districts less of an issue (the disparity in funding/taxation for homeschooling and private schooling, of course, remains; homeschoolers and private school families pay the taxes, but get nothing in return).

Regardless, this judge should be impeached for imposing his will on the electoral process.


14 posted on 11/18/2010 6:19:37 PM PST by B Knotts (Just another Tenther)
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To: blam
You're being nice.

Indeed. :-)

15 posted on 11/18/2010 6:20:15 PM PST by B Knotts (Just another Tenther)
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To: abb

Ah, “federal judges”, who are so prone to black-robed fever.

They strike down the will of the people regarding homosexual/lesbian marriage, immigration enforcement, and any other policy they don’t like.

And they are still “ordering” local governments to adopt their rulings by judicial fiat by forced intergration of schools, bussing young kids all over creation to suit their social engineering goals, and also to increase taxes to do so (and to pay to build more jails so they won’t be “overcrowded”.)

It’s way beyond time these prima donas in black robes were reined in. They are a clear and present danger to our republic. (Or at least what’s left of it.)


16 posted on 11/18/2010 6:25:56 PM PST by SharpRightTurn (White, black, and red all over--America's affirmative action, metrosexual president.)
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To: B Knotts

Here in Louisiana, school taxes are raised in school districts (parishes) via sales and/or property taxes. Funding also filters down from the state. This desegregation lawsuit is about 50 years old, IIRC. There are several still floating around in the state.

A federal judge in an adjoining district threatened the same thing earlier this year, but he’s since cooled off.

This one will too, after we get through with him.


17 posted on 11/18/2010 6:27:59 PM PST by abb ("What ISN'T in the news is often more important than what IS." Ed Biersmith, 1942 -)
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To: blam

The last time I saw a face like that it had a hook in its mouth.


18 posted on 11/18/2010 7:36:13 PM PST by RightGeek (FUBO and the donkey you rode in on)
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To: abb

Its beyond a federal judge’s powers. A judge has no authority to order the government to appropriate money.

He should be impeached for raw abuse of power and removed from office.


19 posted on 11/18/2010 8:18:30 PM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: Uncle Ike

A judge can’t do that. And if Lemelle believes imposing new taxes is good for the parish, he should resign and run for the parish board on a tax increase platform.

What he is doing goes beyond a justiciable question into a political one. Under our constitutional system, each branch of the government stays out of the jurisdiction of the other branches. That’s why its called check and balance.

Something His Honor doesn’t appear to understand. A judge’s authority is not absolute.


20 posted on 11/18/2010 8:26:30 PM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: abb

I don’t understand the situation.
Who proposed the tax proposal that the local officials rejected?


21 posted on 11/18/2010 8:33:21 PM PST by sarasmom (No incumbent re-elected, at any level of government office.(Period))
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To: blam
Tyrants everywhere....Time to reduce their numbers.
22 posted on 11/18/2010 9:34:01 PM PST by Ernest_at_the_Beach ( Support Geert Wilders)
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To: abb

“...help fund the parish’s estimated $200 million desegregation plan.”

They still do that? I didn’t think there was anywhere left to desegregate.

This judge should be horse whipped.


23 posted on 11/18/2010 11:53:01 PM PST by dixiechick2000 ("First they ignore you, then they ridicule you, then they fight you, then you win." - Gandhi)
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To: goldstategop
Wasn't there a case like this several years ago in Kansas City? IIRC the higher court overturned it and asked if this stood, what would stop a judge from raising an army.
24 posted on 11/18/2010 11:57:24 PM PST by Hillarys Gate Cult
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To: All

Update

More on Lunatic Federal Judge

http://lincolnparishnewsonline.wordpress.com/


25 posted on 11/19/2010 10:47:48 AM PST by abb ("What ISN'T in the news is often more important than what IS." Ed Biersmith, 1942 -)
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To: goldstategop

I guess the words Separation of Powers mean nothing anymore.


26 posted on 11/19/2010 2:36:35 PM PST by darkangel82 (I don't have a superiority complex, I'm just better than you.)
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To: rrstar96; Uncle Sham; jubail; TornadoAlley3; 1COUNTER-MORTER-68; dixiechick2000; kms61; ...

Update

http://lincolnparishnewsonline.wordpress.com/?p=8395&preview=true

Tangi Board Atty Folds Like Venetian Blind
By Walter Abbott

Tangipahoa School Board attorney Charles Patin said the board and public should surrender to berserk federal district judge Ivan Lemelle and vote for a tax to fund school construction and operation, because if they don’t, “he could impose a tax” by order.

Further, he said, “If any board member opposes the tax once on the ballot, you do run the risk of sanctions.”

Perhaps the school board should find another lawyer to advise them.

Attorney says judge can order board to levy tax

See here earlier news stories on the Tangipahoa controversy.

More on Lunatic Federal Judge

Federal Judge Goes Berserk, Orders Tax Vote

Tangipahoa Updtate – Letters to the Editor

More on Lunatic Federal Judge from New Orleans

Another out-of-control Federal Judge in South LA


27 posted on 11/20/2010 12:45:14 PM PST by abb ("What ISN'T in the news is often more important than what IS." Ed Biersmith, 1942 -)
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To: abb
I am the law!


Frowning takes 68 muscles.
Smiling takes 6.
Pulling this trigger takes 2.
I'm lazy.

28 posted on 11/20/2010 1:26:34 PM PST by The Comedian (I enjoy progressives, especially in a light cream sauce.)
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To: abb

“...“he could impose a tax” by order.

Further, he said, “If any board member opposes the tax once on the ballot, you do run the risk of sanctions.”

I’ve heard of this concept...I believe it had something to do with the Third Reich?

Maybe I’m wrong...


29 posted on 11/21/2010 12:07:05 AM PST by dixiechick2000 ("First they ignore you, then they ridicule you, then they fight you, then you win." - Gandhi)
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