Showing posts with label federal lawsuit. Show all posts
Showing posts with label federal lawsuit. Show all posts

Thursday, August 28, 2014

BOBBY JINDAL, FRIVOLOUS LAWSUITS, CHASING RAINBOWS

In a move certain to bolster his national standing with conservatives, Republican Gov. Bobby Jindal sued the Obama administration Wednesday, hoping to strike a blow against the controversial Common Core education standards and raising his profile as he builds a likely presidential campaign.
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"The federal government has hijacked and destroyed the Common Core initiative," Jindal said in a statement. "Common Core is the latest effort by big government disciples to strip away state rights and put Washington, D.C., in control of everything."
Jindal, the governor who is always in campaign mode, filed a lawsuit against the Obama administration that will be paid for with the tax money of Louisiana citizens.  The governor lost two earlier suits in state courts to stop Common Core, so now it's on to federal court in another grandstanding, frivolous lawsuit at the expense of the people of the state.
When the Louisiana education board embraced the standards in 2010, Jindal supported them, saying they would help students prepare for college and careers. He reversed course earlier this year, calling the standards an effort by the Obama administration to meddle in state education policy.
The governor was for the standards before he was against them.  Neither the Louisiana Legislature, nor the Board of Elementary and Secondary Education, nor State Superintendent of Education John White want to discontinue the use of Common Core standards, for which the teachers and students have been preparing for four years, with the first tests due in the spring of 2015.   Does Jindal ever give a thought to the teachers and students who operate under conditions of uncertainty because of his own personal ambition?  As blogger LouisianaVoice said, Jindal is a 100% absentee governor.  All his activities have to do with his fantasy of winning the Republican nomination for president, or at the very least vice-president, and then moving on to win election to higher office.
Neal McCluskey, of the libertarian-leaning Cato Institute's Center for Educational Freedom, said he doesn't expect the lawsuit to be successful, even though he agrees with its premise.
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"They've definitely got a steep hill to climb on this lawsuit," McCluskey said.
Exactly, but why would Jindal care?  It's our money.

Saturday, March 9, 2013

UPDATE FROM THE EPISCOPAL CHURCH IN SOUTH CAROLINA

The Episcopal Church in South Carolina, the true diocese of The Episcopal Church posted the following news story:
CHARLESTON – A motion filed today asks the U.S. District Court to grant a preliminary injunction to stop Mark Lawrence from using the name and marks of the Episcopal Diocese of South Carolina and from representing that his activities are associated with the diocese.

The Right Reverend Charles G. vonRosenberg, the person who is actually recognized as the Bishop of the Diocese by The Episcopal Church, needs immediate relief to prevent Bishop Lawrence from further undermining his leadership of the diocese, according to a memorandum filed with the motion.

Bishop Lawrence’s actions violate the federal trademark law known as the Lanham Act, misleading worshipers and donors, causing confusion, and harming the reputation of the diocese, the memo says.

“In holding himself out as the representative of the Diocese and in using the Diocese’s exact marks, there is no doubt that Bishop Lawrence has endeavored to create the very public confusion that the Lanham Act was designed to prohibit,” the memo says.
Confusion is the name of the game played by Mark Lawrence.  The former bishop in The Episcopal Church left the church, but he still wants to claim the name of the diocese he and his followers left behind.  Why?
Matthew D. McGill, an attorney representing the continuing diocese says:

“Bishop Lawrence had every right to leave The Episcopal Church, but he can’t take the Diocese’s name and intellectual property with him,” said McGill, who practices in his firm’s constitutional law and intellectual property groups. “The Diocese is part of The Episcopal Church.  The notion that Bishop Lawrence and his followers can decide to dissociate the Diocese from the Church and keep it for themselves is foreclosed by an unbroken line of Supreme Court precedent stretching back at least 140 years.”
Exactly.  And further;
Affidavits filed on March 7 in support of the case include statements from:

-          Dr. Walter Edgar, Professor of History at the University of South Carolina and author of “South Carolina: A History,” who notes that there is no historical support for the notion that the Diocese of South Carolina was one of the “founders” of The Episcopal Church, or that its formation predates the establishment of The Episcopal Church. In
fact, “it was the actions of the organizers of The Episcopal Church that actually precipitated the formation of a structure for the parishes in South Carolina,” Dr. Edgar writes. “The South Carolina organization did not even have a bishop until 1795, six years after the formation of The Episcopal Church.” The Episcopal Church’s Constitution was adopted in 1789, and the Diocese of South Carolina acceded to that Constitution in 1790. That accession stayed in place continuously, Dr. Edgar noted, until Bishop Lawrence and others aligned with him took actions that purported to remove the accession clause and other references to The Episcopal Church from the diocese’s Constitution and Canons.  (My emphasis)
Read the entire news report at the diocesan website.
 
Dr Edgar sheds much light on the history of the diocese, which has been spun in an entirely different direction by Mark Lawrence and his followers. 

The true diocese of The Episcopal Church and the schismatics both meet in convention this weekend.  I offer my prayers.

UPDATE: There's joy and thanksgiving in The Episcopal Church in South Carolina.  Check out the diocesan Facebook page for pictures and reports on the convention this weekend, especially the pictures of the representatives from St Mark's Port Royal, the newest mission in the diocese.  St Mark's appealed for mission status for years, but Mark Lawrence never granted their request.

Tuesday, March 5, 2013

FEDERAL LAWSUIT SEEKS RULING ON WHO IS BISHOP OF THE EPISCOPAL DIOCESE OF SOUTH CAROLINA

Acting to protect the identity of the diocese he serves, the Right Reverend Charles G. vonRosenberg filed suit in U.S. District Court today against Bishop Mark Lawrence, asking the court to declare that only vonRosenberg, as the bishop recognized by The Episcopal Church, has the authority to act in the name of the Diocese of South Carolina.

Having renounced The Episcopal Church, Bishop Lawrence is no longer authorized to use the diocese’s name and seal. By doing so, he is engaging in false advertising, misleading and confusing worshippers and donors in violation of federal trademark law under the Lanham Act, the complaint says. It asks the court to stop Bishop Lawrence from continuing to falsely claim that he is associated with the Diocese of South Carolina, which is a recognized sub-unit of The Episcopal Church.
Read the rest of the news about the litigation at the link.

Sounds about right to me, although I am no expert in the law, and I have no idea how the case will be decided.  I've wondered why the breakaway dioceses don't call themselves  "The Anglican Diocese of Whatever," since they claim to represent true Anglicanism, the faith handed down, which would be less confusing all around.  Or could it be that the blurring of boundaries and confusion is intentional?

My prayers and good wishes are with the bishop, clergy, and lay members of the continuing diocese during this difficult period.