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(Activist) Judge: Pension Rules Unlawful
The Lakeland Ledger (A NYT Newspaper) ^

Posted on 03/07/2012 6:04:10 AM PST by Road Warrior ‘04

...Fulford also ruled the mandatory pension payments represented an "unconstitutional taking of private property without full compensation" and a violation of collective bargaining rights of the public workers....


TOPICS: Breaking News; Government; News/Current Events; US: Florida
KEYWORDS: florida; judicialactivism; pensions
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To: Leep

Newt has aggressively addressed the subject of judicial activism. He’s the only candidate who has done so. I really wish he gets the opportunity to put his words into actions.


21 posted on 03/07/2012 7:03:46 AM PST by liberalh8ter (Barack has a memory like a steel trap; it's a gift ~ Michelle Obama)
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To: Bushbacker1

Why do we pay so much to keep legislatures running in 50 states (maybe 57) and Washington DC when so many judges are willing to do the work of the legislatures in addition to doing their own jobs?

/s


22 posted on 03/07/2012 7:03:58 AM PST by Iron Munro ("Don't pick a fight with an old man. If he is too old to fight he'll just kill you." John Steinbeck)
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To: Bushbacker1

I understand the concept of an unconstitutional taking of private property. The ultimate consequence of this decision is bankruptcy. We are going to see more and more cities using bankruptcy because they are insolvent. The unions will not like the results.


23 posted on 03/07/2012 7:04:26 AM PST by doug from upland (Just in case, it has been reserved: www.TheBitchIsBack2012.com)
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To: Buckeye McFrog

See my tagline.


24 posted on 03/07/2012 7:05:57 AM PST by Arm_Bears (Journalists first; then lawyers.)
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To: doug from upland

Exactly! That’s why I like this decision. Let’s get the politician’s out of it. And let the bankruptcy courts handle it. It will be a mess, but it will be obvious which states are screwed up and why. Plus it’s probably the best chance to destroy the public sector unions.


25 posted on 03/07/2012 7:09:58 AM PST by for-q-clinton (If at first you don't succeed keep on sucking until you do succeed)
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To: Bushbacker1

You’ve been here since 2004, and you don’t know how to excerpt?


26 posted on 03/07/2012 7:17:15 AM PST by SmithL (If you reward certain behavior, don't be surprised when you see more of that behavior)
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To: driftdiver
NYT sold off this place off a few months ago.

The NYT was culling some of its newpapers, The Ledger being one of them, but I don't think it's happened yet.

27 posted on 03/07/2012 7:29:56 AM PST by Road Warrior ‘04 (I miss President Bush! 2012 - The End Of An Error! (Oathkeeper))
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To: BitWielder1
Isn't taking taxes for paying for pensions also "unconstitutional taking of private property without full compensation"?

Brilliant point, especially considering that a pension fund which pays out isn't even a 'taking' anyway.

28 posted on 03/07/2012 7:30:31 AM PST by Brass Lamp
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To: SmithL

Were you able to read it?


29 posted on 03/07/2012 7:30:40 AM PST by Road Warrior ‘04 (I miss President Bush! 2012 - The End Of An Error! (Oathkeeper))
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To: Bushbacker1
"unconstitutional taking of private property without full compensation"

A lot of chutzpa considering April 15 is just five short weeks away. For 51% of us, that is.

30 posted on 03/07/2012 7:52:08 AM PST by kevao
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To: kevao
You don't know that for a fact ~ our big dogs paying the most taxes were fully paid by January 15 anyway.

Only the little guys look forward to April 15.

31 posted on 03/07/2012 7:54:51 AM PST by muawiyah
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To: 1rudeboy
"Help me, Obi-Wan Kenobi. You're my only hope."

Sorry. This evil force is too big for even the Jedi to overcome. You're on your own. ;-)

32 posted on 03/07/2012 8:10:46 AM PST by OB1kNOb (The prudent see danger and take refuge, but the simple keep going and pay the penalty. - Prov 22:3)
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To: teeman8r

Is the state trying to rewrite a formal contract, or is this a case of plaintiffs arguing that the terms and conditions of employment under which they were originally hired should be deemed an implicit contract, binding in perpetuity? (Binding in one direction only, of course; I’m confident that employees hired 20 years ago will not object to any sweeteners that have been added since.)

The state should not monkey with existing pension accruals, but requiring an employee contribution going forward is perfectly ok, unless there is an explicit contract (e.g. union contracts) that say the state will pay 100%.


33 posted on 03/07/2012 8:29:06 AM PST by sphinx
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To: BitWielder1

Every liberal knows there is good stealing and bad stealing.


34 posted on 03/07/2012 8:39:22 AM PST by 1010RD (First, Do No Harm)
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To: Bushbacker1

Is it possible to pass a Constitutional Amendment barring unionization of public employees? We have now seen by examples here and in Europe how the linkage between public employee unions and the politicians they support produces financially disastrous inbreeding: the unions support the politicians, the politicians vote for more goodies for the unions.

If our government is to be “for the people” this has got to stop. Obviously, legislation is not enough because of the tyrants in black robes. It is no accident that they got to don those black robes because of their red diapers with the union label. It is part of the same protection racket, dressed up with noble workers’ rhetoric.

We need to go over the heads of the activist judiciary and tie their hands with the binds of a Constitutional Amendment: “Whereas this Constitution requires government for the people; and Whereas collective bargaining rights for public employees is inimical to self-rule and the public fisc, all collective bargaining rights are hereby abolished and shall be prohibited in any form.”

A man can dream, can’t he?


35 posted on 03/07/2012 8:41:57 AM PST by JewishRighter (Anybody but Hussein)
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To: Bushbacker1
Anyone ever heard of a Pyrrhic victory?

Ok, so now the state has to stop deducting money from most state's employees paychecks and pay back the money they already took out.

Republican have super-majorities in both the House and Senate. Where do you thing they are going to get the money to make up for this huge whole in the state budget?

By raising taxes, or by laying off thousands of state workers?
36 posted on 03/07/2012 9:00:37 AM PST by Kevin C
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To: Bushbacker1

ANother Judge who thinks he has the legislative purse-strings of congress and free tax money.


37 posted on 03/07/2012 9:26:18 AM PST by JudgemAll (Democrats Fed. job-security Whorocracy & hate:hypocrites must be gay like us or be tested/crucified)
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To: BitWielder1

I pay taxes and nobody has thought to ask me if i want some government worker to be paid a pension that i don’t have.


38 posted on 03/07/2012 10:41:02 AM PST by wiggen (The teacher card. When the racism card just won't work.)
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To: Thane_Banquo

Love to see that happen.


39 posted on 03/07/2012 11:07:07 AM PST by wiggen (The teacher card. When the racism card just won't work.)
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To: Bushbacker1
"unconstitutional taking of private property without full compensation" and a violation of collective bargaining rights of the public workers....

The solution is obvious for hundreds of communities slowly going bankrupt trying to satisfy gold-plated pensions that none could actually deliver :

Eliminate Public employee pensions altogether.
After all, all private enterprise pensions are 100% voluntary on the employers' part.

Problem solved.

Unless this moron judge is prepared to reason that public employee pensions are a constitutional private property right---- but private pensions are not.

Rotsa Ruck!

40 posted on 03/07/2012 1:11:18 PM PST by Publius6961 (“It’s easy to make phony promises you can’t keep.” - Obama, Feb23, 2012)
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