VOTE COUNTING by Jim Redwine
Gavel Gamut
By Jim Redwine
(Week of 7 March 2016)
VOTE COUNTING
Many court cases have political overtones even though many Americans think of the Judicial Branch as apolitical. A couple of recent United States Supreme Court cases may demonstrate the juxtaposed propositions.
Dow Chemical Company just settled a Supreme Court case for $835 million rather than take a chance on having to pay a one and one half billion-dollar class action judgment rendered against it in a lower federal court. Dow gave up its hope for a reversal of the lower court decision because Supreme Court Justice Antonin Scalia died.
Scalia was nominated by President Reagan, and, according to one expert, had been a consistent voice and vote against class action lawsuits. Dow did not wish to gamble half a billion dollars more in the face of four liberal versus four conservative justices where a tie vote would mean the lower court judgment would stand.
Or, if President Obama’s assumed to be liberal nominee would be confirmed, five liberals would probably vote to affirm the jury verdict obtained in a Kansas federal court trial. Or, if the Senate were to delay Obama’s nomination until next year so that the new president nominated a different candidate, and if the next president were to be Hillary Clinton or Bernie Sanders, a liberal justice would still be likely.
Political considerations pervaded Dow’s analysis. In fact, Dow issued the following statement:
“Growing political uncertainties due to recent events within the Supreme Court and increased likelihood for unfavorable outcomes for business involved in class action suits have changed Dow’s risk assessment of the situation.â€
Of course, if one were to be of the persuasion that class actions to remedy such things as Dow’s conspiracy to fix prices are good for consumers, political pressure would be from the other side had a liberal justice died.
The absence of a ninth justice or, more appropriately, the contemplated replacement of Scalia, and the micro-political battle between liberals and conservatives in the Executive and Legislative branches are also highlighted by the pending Supreme Court review of the Texas case of Whole Women’s Health v. Hellerstedt. This case involves a state statue that is a not so thinly disguised attempt by conservatives in the Texas legislature to restrict abortion providers.
With four liberals and three and one-half conservatives, Justice Kennedy is seen as a swing vote, the Texas statute may withstand a constitutionality challenge by default, i.e., a four to four tie.
When one reads the vigorous and often vitriolic statements on both sides of this case, it would not be a surprise if the conclusion is reached this court case is pure politics in which the country expects an eight vote referendum, not an impartial judgment based on the law and the facts.
It is not the purpose of this column to simply re-state the obvious. Judges are often influenced by political considerations, personal prejudices and beliefs. The purpose is to concentrate on the current system where many judges who allow such factors to interfere with deciding cases on the law and the evidence are chosen by an undemocratic system and are virtually impossible to remove from office.
I suggest we address this problem initially by setting a maximum term of service for all judges at the same number of years required for military retirement, twenty years. Such a limit would require a reinterpretation of the provision in the U.S. Constitution and some state constitutions whereby judges serve, “during good behaviorâ€. However, most American judges do not receive “lifetime†appointments.
This limit would be a maximum, not a minimum. That is, terms could be set at fewer years with the judges subject to re-election at more frequent intervals. Such a system would be my preference. However, an alternative would be that judges must meet certain qualifications to be initially able to be a judge, then serve one twenty year term during which they could only be removed for malfeasance.
Just as with military retirement, the judges would receive pay and benefits for life, but would never be able to serve as a judge again.
Judges are people. They have prejudices; limiting their terms will not eliminate the prejudices. What it would limit is how long the public would have to suffer injustice if the judge were unable to decide cases on the merits.
Board of School Trustees of the Evansville Vanderburgh School Corporation will meet in Executive Session
The Board of School Trustees of the Evansville Vanderburgh School Corporation will meet in executive session at 3:30 p.m. on Monday, March 7, 2016, in the John H. Schroeder Conference Centre at the EVSC Administration Building, 951 Walnut, IN 47713, Evansville, IN. The session will be conducted according to Senate Enrolled Act 313, Section 1, I.C. 5-14-1.5-6.1, as amended. The purpose of the meeting is for discussion of collective bargaining, (2)(A); initiation of litigation or litigation that is either pending or has been threatened specifically in writing, (2)(B); purchase or lease of property, (2)(D); and job performance evaluation of individual employees, (9).
Governor Pence Signs Adoption Records Bill
Indianapolis – Governor Mike Pence issued the following statement after he signed into law Senate Enrolled Act 91, a bill that opens all adoption records that were finalized prior to January 1, 1994. These records will open beginning on July 1, 2018 unless the birth parent files a contact preference form with the Indiana State Department of Health.
“SEA 91 expands opportunities for adopted Hoosiers seeking more information on their health and heritage even while ensuring that birthparents who choose to maintain their privacy are protected, and I am pleased to sign it into law,†said Governor Pence. “I want Indiana to be known as the most pro-adoption state in America and SEA 91 will give greater clarity and compassion to our adoption laws.â€
SEA 91 will open all adoption records finalized before 1994 unless a birth parent requests with the Indiana State Department of Health that the records remain sealed. The legislation goes into effect on July 1, 2018, thereby providing time to inform birth mothers about these changes.
A photo of the Governor signing SEA 91 is attached.
Adopt A Pet
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Reeder leads Aces past NIU in home opener
Nate Reeder made a memorable first impression to the home crowd on Friday as the freshman knocked in four runs to lead the University of Evansville baseball team to a 5-2 win over visiting Northern Illinois at Charles H. Braun Stadium.
Reeder, a freshman out of Shawnee, Kan., began his day with a run-scoring single in the second inning, but he’d save his best for last, clearing the bases with a three-run triple in the seventh, which would prove to be the game-winning hit.
“I’d worked on some timing stuff over the week leading up to today, and it worked out well for me,†said Reeder. “I was just trying to make sure that I did my job when I was up at the plate. I try to come out here every day with the same focus, but I think having a game like this can be a huge confidence boost for me.â€
Reeder was the only Ace on the day to record multiple hits, ending 2-for-4.
A Korbin Williams double set up the game’s opening score in the second as the two-out single by Reeder drew first blood. Trey Hair brought in another run after being hit by a pitch with the bases loaded, but that would be it as Shain Showers flew out to end the frame.
NIU would reclaim a score with a Johnny Zubek single in the ensuing half-inning, but that would prove all the Huskies (1-8) could do against Patrick Schnieders, who enjoyed his best start of the season for UE (4-4). The junior tossed six innings and allowed just four hits before ceding the mound to Ryan Brady.
“That’s a very good offensive club that Schnieders shut down tonight,†UE head coach Wes Carroll said. “He was dealing with some back spasms, but he was able to keep going out there and put up goose eggs when we couldn’t get that big hit when we needed to. That was huge for us, and it was a great start from himâ€
In the seventh, Luke Yapp started off NIU’s comeback bid with a two-out single, and a wild pitch would put him into scoring position. Brandon Mallder singled him home later in the at-bat to chase Brady from the mound, but Boomer Synek ended the rally with his second pick-off of the game to keep things level at 2-2.
In the bottom half of the frame, a Travis Tokarek single and a Williams walk put runners on, and Jonathan Ramon would earn another walk to set the stage for Reeder’s game-deciding triple.
Jurceka was credited with the win, allowing two hits over 2.1 frames to move to 2-0 on the year.
The Aces and Huskies will return to action on Saturday afternoon at Braun Stadium. First pitch is slated for 2 p.m.
Greenham Recalled by Binghamton, IceMen Release Three
(Goalie earns third call-up of the season, and Evansville releases Brewer, Driscoll and Turgeon.)Â
The Evansville IceMen, proud ECHL affiliate of the NHL’s Ottawa Senators, and Head Coach Al Sims announced Friday that goaltender Scott Greenham has been recalled by the AHL’s Binghamton Senators. This is Greenham’s third call-up of the 2015-16 season. The IceMen also released forwards Jackson Brewer and Daniel Turgeon, and defenseman Bo Driscoll.
Greenham, 28, returns to Binghamton, after Ottawa announced that they had recalled goalie Chris Driedger to the NHL club on an emergency basis. In 14 appearances with the IceMen, Greenham posted a 7-5-2 record with a 2.62 goals-against average and .922 save percentage. The Ottawa, ON native was also called up to Binghamton November 17 and December 30 on two previous stints, where he had a 3-1-0 record with a 2.19 goal-against average and .928 save percentage with the B-Sens.
Brewer played in three games for the IceMen, while Turgeon and Driscoll each appeared in Evansville’s two games last weekend against Atlanta.
Evansville continues a season-long six-game home stand with three games this weekend at the Ford Center. The IceMen take on the Tulsa Oilers Friday and Saturday at 7:15pm, and host the Wichita Thunday Sunday at 5:15pm. All three games are a part of Evansville’s Book Drive, benefitting Hangers.
THIS WEEK:
- Fri. 3/4 – Tulsa at Evansville (7:15pm) – Ford Center – Evansville, IN
- Sat. 3/5 – Tulsa at Evansville (7:15pm) – Ford Center – Evansville, IN
- Sun. 3/6 – Wichita at Evansville (5:15pm) – Ford Center – Evansville, IN
MARCH BOOK DRIVE
The IceMen will be hosting a book drive for three games in March. The team will be collecting new or gently used beginner to teen books Friday March 4th and Saturday March 5th when Evansville hosts the Tulsa Oilers and again Sunday March 6th when the IceMen take on the Wichita Thunder. Bookmarks will be handed out for every book donated, and anyone with a bookmark can present it at the Ford Center Ticket Office for a discounted ticket to the IceMen game Wednesday March 9th. All of the books will be donated to Evansville Hangers.
FAITH SUNDAYS
Bring any pamphlet or program from your faith service to the Ford Center Ticket Office and receive a $5 discount on tickets anywhere in the building for Sunday home games! There are three remaining Sunday home games: March 6, 13 and 20. Also, stay for the free postgame faith concert after the Sunday, March 6 game against Wichita. All Sunday games are scheduled for 5:15pm.
SUNDAY – SUBWAY FAMILY NIGHT
Bring your friends and family out to the Ford Center Sunday by taking advantage of the Subway Family Night ticket special. It includes a Goal Zone or Corner ticket to the game, an IceMen Subway t-shirt, and vouchers for popcorn and a soda, all for just $21. There is also an opportunity to upgrade to Center Ice or Club seats for just $4 more. Evansville hosts Quad City this Sunday at 5:15pm.
FRIDAY HAT PACKS
Get a ticket and a limited edition IceMen hat for only $20 for any Friday home game the rest of the season! This offer is good for any of the remaining Friday games at the Ford Center: February 26, March 4 and April 1. Call the IceMen front office at 812-421-GOAL (4625) for details.
POSTGAME SKATE
IceMen Season Ticket Holders and Blizzard Buddies are welcome to participate in a postgame skate Sunday, March 20 after the IceMen take on the Cincinnati Cyclones at 5:15pm at the Ford Center. Fans are encouraged to bring their own skates if they have them, as a limited number of skates will be provided.
DOMINO’S 4-GAME HAT PACK
Choose any four IceMen home games and get a FREE limited edition IceMen hat and a large 1-topping Domino’s pizza, starting at only $17 per ticket. Call the IceMen front office at 812-421-GOAL (4625) for details.
Aces Drop 86-66 Decision To Drake
The University of Evansville women’s basketball team battled for much of Matt Ruffing’s head coaching debut on Thursday evening, but the team would ultimately run out of steam in the fourth quarter as the Purple Aces dropped an 86-66 decision to visiting Drake at the Ford Center.
“I felt that we executed really well through the first three quarters,†Ruffing said. “There are a lot of positives that we can draw from this game. Sara, Kerri and Camille gave us what we needed, and I think this might be the first time this year that all have clicked at the same time. Now we just have to carry that over into Saturday and the MVC tournament.â€
Sara Dickey led the way for the Aces once again on the night, finishing with 18 points. The junior out of Montezuma, Ind., crossed the 1,600 career point plateau, and she now stands just 24 points away from ascending to second on UE’s all-time scoring list.
Freshmen standouts Camille Coleman and Kerri Gasper would also hit double-digit points, racking up 12 and 11 points, respectively, and Laura Friday enjoyed another strong game, ending with seven points and five assists.
Meanwhile, Lizzy Wendell’s 22 points led the way for the visiting Bulldogs. Sara Rhine and Maddy Dean combined for another 35, and Caitlin Ingle ended with nine points and 15 assists.
The Aces, who would hang around for much of the game, were ultimately out-matched in the post in the contest as the Bulldogs enjoyed a 56-16 advantage in points into the paint and a 46-24 difference in rebounds.
UE will return to action at the Ford Center on Saturday against Northern Iowa. It will mark Senior Day for starting point guard Laura Friday, and tipoff is slated for 1 p.m.
March Dangerous & Impaired Driving Enforcement Blitz Begins
During a news conference earlier today, representatives of the Evansville-Vanderburgh County Traffic Safety Partnership (which includes the Vanderburgh County Sheriff’s Office and the Evansville Police Department) along with the Indiana State Police announced details about and answered questions related to the upcoming statewide March Dangerous and Impaired Driving Enforcement Blitz. This high-visibility enforcement effort, also known as Operation Pull Over Blitz #85, will run from Friday, March 04 through Sunday, March 27. This increased enforcement effort will encompass St. Patrick’s Day and many March sporting events.
Lt. Noah Robinson stated, “March is a busy time of year with students on spring break, NCAA basketball fans travelling to and from their favorite pub and St. Patrick’s Day celebrants enjoying a night out. Our Traffic Safety Partnership just wants to keep everyone driving safe and driving sober.†This impaired driving and aggressive driving enforcement campaign will consist of saturation patrols and will include a DUI checkpoint as part of a comprehensive effort to promote safe driving behavior and curb drunk driving. Anyone found to be driving impaired will be arrested.
According to ICJI, in March 2015 there were 529 alcohol-related crashes across Indiana, resulting in 214 injuries and five fatalities. Additionally, during the same period, crash reports indicate 1,606 collisions occurred due to dangerous driving, resulting in 332 injuries and four fatalities. Dangerous driving includes such factors as “speed too fast for conditions,†“driver distracted,†and “driver asleep or fatigued.â€
Locally there were eleven (11) people injured in six (6) separate traffic crashes this past March. The most severe crash sent three occupants to the hospital with serious injuries that were a direct result of a driver whose blood alcohol content was two-and-one-half times the legal limit of .08.
In a statewide news release ICJI Executive Director Dave Murtaugh stated, “Keeping our roadways safe is a priority.†Director Murtaugh added, “Our dedicated officers who patrol our roadways all across the state are the first line of defense. Motorists need to do their part to ensure our roadways are safe by making responsible choices. From watching the basketball tournament action to taking part in St. Patrick’s Day celebrations, it’s up to you to be safe and responsible. If you are going to drink, do not drive. It’s that simple.â€
If you plan to drinking alcohol, designate a sober driver beforehand. If you are impaired, use a taxi service or call a sober friend or family member. If you see motorist who is operating in an unsafe manner or you suspect of driving while impaired, please call 911 immediately. Be prepared to report the location, description, and direction the vehicle is traveling.