DOCSLIB.ORG

SENATE—Tuesday, February 8, 2005

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
SENATE—Tuesday, February 8, 2005 1626 CONGRESSIONAL RECORD—SENATE February 8, 2005 SENATE—Tuesday, February 8, 2005 The Senate met at 9:30 a.m. and was bill managers will be here between 10:30 priately defined as a bubble, the Inter- called to order by the President pro and 10:45 to begin debate. Amendments net bubble of the late 1990s. When that tempore (Mr. STEVENS). also are in order today, and I expect we bubble broke, it was very likely and it can make good progress over the would be historically consistent if we PRAYER course of the day on the bill. I reit- had gone into an extraordinarily deep The Chaplain, Dr. Barry C. Black, of- erate, Members should notify their re- recession. But the President of the fered the following prayer: spective cloakrooms if they intend to United States had the foresight at the Let us pray. offer amendments to this legislation. beginning of the recession to propose Sovereign Lord, who fills our hearts The Senate will stand in recess today to the Congress, and the Congress sup- with songs of thanksgiving, each day from 12:30 to 2:15 for the weekly policy ported it, a fairly significant tax cut we lift our hands in prayer to You, for luncheons. which was able to shallow out the re- You are always merciful. Thank You Also, I alert Senators that the cession. That is the classic approach to for blessing us each day. Chertoff nomination to be Secretary of addressing a recession, in trying to You have rescued us from dangers Homeland Security is now available on move out of recession: cut taxes so you and kept our feet from slipping. You the Executive Calendar. We will be create more economic activity. You banish our worries and calm our fears. looking for the first available window leave more revenues at home with the Thank You for Your eagerness to for- to schedule that nomination for floor people, allow them to spend more of give us and for Your unfailing love. consideration as well. their own money, and as a result you You alone are God. I yield the floor. come out of the recession more quick- Today, strengthen the Members of The PRESIDENT pro tempore. The ly. And that is exactly what happened. this body. Help them to trust You Senator from New Hampshire. Today we are seeing a robust recov- without wavering. Teach them Your Mr. GREGG. I take it we are in morn- ery. We are seeing a very low jobless ways, that they may live according to ing business, Mr. President? rate. I think it is down to 5.2 percent, Your truth. Give them purity of heart, The PRESIDENT pro tempore. We in fact. Even though there was a sig- that they may honor You. Use our Sen- are in morning business. nificant revenue reduction, a tax cut in ators as instruments of peace on Earth. Mr. GREGG. Mr. President, I yield the first term of this Presidency, we We pray in Your great and Holy Name. myself such time as I may consume are now seeing revenues growing at an Amen. under morning business up to 10 min- extremely robust rate: Last year, 9.2 utes. percent, this year they are going to f The PRESIDENT pro tempore. The grow by 6.5 percent, it is projected next PLEDGE OF ALLEGIANCE first 30 minutes is under the control of year at 7 percent, and so on into the fu- The PRESIDENT pro tempore led the the majority leader or his designee. ture. As a result of his economic poli- Pledge of Allegiance as follows: f cies, we are seeing a recovery. In addition to being confronted with I pledge allegiance to the Flag of the THE BUDGET a recession, he was, of course, con- United States of America, and to the Repub- Mr. GREGG. Mr. President, I am ris- lic for which it stands, one nation under God, fronted with the fact that the United indivisible, with liberty and justice for all. ing to discuss the budget as presented States was attacked, attacked merci- yesterday to the U.S. Congress and to lessly by evil people. The damage f the American people by the President caused by that attack was not only RESERVATION OF LEADER TIME of the United States. Let me begin by personal loss, which was dramatic and saying I think the President has been The PRESIDENT pro tempore. Under obviously horrible, but it was also eco- courageous. He has stepped forward the previous order, the leadership time nomic loss, having a significant impact and addressed some of the most critical is reserved. on our economy and, as a result, caus- problems that we have as a nation, one ing us in the Federal budget to specifi- f of them being the fact that we are run- cally have to spend a lot of money we MORNING BUSINESS ning excessive deficits, another one hadn’t anticipated spending fighting being the proper prioritization of our the war, and also having an impact on The PRESIDENT pro tempore. Under spending in a time of fiscal restraint. It our revenues as a Federal Government. the previous order, there will be a pe- is appropriate, as the President has The President has been prosecuting riod for the transaction of morning proposed, that we return to a period of this war against terrorism in an ex- business for up to 1 hour, with the first fiscal restraint so that we do not end tremely aggressive and appropriate 30 minutes under the control of the ma- up passing on to our children massive way and the results are pretty obvious. jority leader or his designee and the amounts of debt, and so that we can as- We have not been attacked, now, for al- second 30 minutes under the control of sure the international community and most 3 years. We invaded Iraq to the Democrat leader or his designee. our own people that we are going to change a totalitarian, despotic regime, f live in a fiscally responsible way as a and we have been successful there. We Government. That is what the Presi- have seen an extraordinary event RECOGNITION OF THE MAJORITY dent’s budget has proposed. there, the elections which just oc- LEADER I think it is important, before we ad- curred. Afghanistan is on the road to The PRESIDENT pro tempore. The dress the specifics of the budget, to democracy. The success in the war on majority leader is recognized. talk a little bit about the context in terror cannot be denied. We are making f which this budget is sent to us. Re- significant progress, but it is still a member, when this President took of- war we need to fight and we need to ex- SCHEDULE fice we were headed into a fairly sig- pend considerable resources to accom- Mr. FRIST. Mr. President, we will nificant recession. It was a recession plish that. So there has been this dual have a 60-minute period of morning that had arisen out of the most rapid pressure put on our Federal Govern- business today, prior to resuming con- economic expansion in our history. It ment: first a recession, and, second, sideration of S. 5, the fairness bill. The was called a bubble, and was appro- fighting a war on terror that had not ● This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. VerDate Sep 11 2014 10:57 Jan 13, 2017 Jkt 000000 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK2\NO_SSN\BR08FE05.DAT BR08FE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 8, 2005 CONGRESSIONAL RECORD—SENATE 1627 been anticipated when this President of that system. But because of the size dren who have to pay the costs of that came into office but has been well han- of the baby boom generation, beginning budget through their tax burden in the dled by this President since he has in the year 2008 those numbers change future. That is why reforming Social been in office. dramatically, and by 2016 there will Security is so important. It is why this As a result, we now confront some only be 2 people paying into the system budget is such a positive step, a step in significant fiscal questions that we for every 1 taking out, and we go from the right direction toward reforming must address. Having put in place the a pyramid to essentially a rectangle the way we, as the Federal Govern- tax cut, which has caused very strong and it is simply not supportable in its ment, operate. That is why I congratu- economic recovery and which is start- present form. late the President for it. ing to show significant revenue in- The practical effect of that is that What the President has proposed is creases, and having pursued a course of those children who will be working, our essentially a budget which, for lack of fighting a war that has cost us a great children and our grandchildren whom a better term, gores everybody’s ox. He deal of money, we now must make deci- we want to see have a better lifestyle, essentially has said: Listen, if we are sions on how we properly balance our those two people will have to pay a going to get our fiscal house in order, fiscal house in Washington. The Presi- much higher burden of taxation in we can have no sacred cows.
Load more

Recommended publications
  • 2012 Civil Rights Day Booklet
    Advancing Civil Rights Through Advocacy 9th Annual West Virginia Civil Rights Day Tuesday, February 28, 2012, 11:00 AM Norman L. Fagan West Virginia State Theater The WV Division of Cultural and History State Capitol Complex 1900 Kanawha Blvd. E. Charleston, WV 25305 Sponsored by: State of West Virginia Office of the Governor WV Division of Culture and History WV State University WV Human Rights Commission 2 Master of Ceremonies The Honorable Terry Walker, The Occasion Commissioner WV Human Rights Commission HONOREES’ ENTRANCE Greetings on behalf of Karl Gattlieb, Commissioner the Commission: WV Human Rights Commission Musical Selection: Randall Reid-Smith, Commissioner WV Department of Culture and History Invocation: Bishop David Stockton West Virginia State University Introduction of Governor: Rev. Wesley Dobbs, Commissioner WV Human Rights Commission Presentation of Proclamation, The Honorable Earl Ray Tomblin, Remarks & Honoree Photos Governor Presentation of Honoree Awards Michael J. Lewis, M.D., Ph.D Cabinet Secretary, DHHR Musical Selection: Randall Reid-Smith, Commissioner WV Department of Culture and History Presentation of Special Awards & Phyllis H. Carter, Sponsor Certificates: Acting Executive Director WV Human Rights Commission **Special Closing Musical Selection** LUNCHEON 12:00 NOON—1:30 PM 3 Advancing Civil Rights Through Advocacy West Virginia Civil Rights Day February 28, 2012 Governor Earl Ray Tomblin 4 PROCLAMATION by Governor Earl Ray Tomblin Whereas, equal rights and opportunities for all West Virginians are fundamental
    [Show full text]
  • 9/11 Report”), July 2, 2004, Pp
    Final FM.1pp 7/17/04 5:25 PM Page i THE 9/11 COMMISSION REPORT Final FM.1pp 7/17/04 5:25 PM Page v CONTENTS List of Illustrations and Tables ix Member List xi Staff List xiii–xiv Preface xv 1. “WE HAVE SOME PLANES” 1 1.1 Inside the Four Flights 1 1.2 Improvising a Homeland Defense 14 1.3 National Crisis Management 35 2. THE FOUNDATION OF THE NEW TERRORISM 47 2.1 A Declaration of War 47 2.2 Bin Ladin’s Appeal in the Islamic World 48 2.3 The Rise of Bin Ladin and al Qaeda (1988–1992) 55 2.4 Building an Organization, Declaring War on the United States (1992–1996) 59 2.5 Al Qaeda’s Renewal in Afghanistan (1996–1998) 63 3. COUNTERTERRORISM EVOLVES 71 3.1 From the Old Terrorism to the New: The First World Trade Center Bombing 71 3.2 Adaptation—and Nonadaptation— ...in the Law Enforcement Community 73 3.3 . and in the Federal Aviation Administration 82 3.4 . and in the Intelligence Community 86 v Final FM.1pp 7/17/04 5:25 PM Page vi 3.5 . and in the State Department and the Defense Department 93 3.6 . and in the White House 98 3.7 . and in the Congress 102 4. RESPONSES TO AL QAEDA’S INITIAL ASSAULTS 108 4.1 Before the Bombings in Kenya and Tanzania 108 4.2 Crisis:August 1998 115 4.3 Diplomacy 121 4.4 Covert Action 126 4.5 Searching for Fresh Options 134 5.
    [Show full text]
  • A Report on the Litigation Lobby
    CENTER FOR LEGAL POLICY AT THE MANHATTAN INSTITUTE C L P STREET NW A REPORT ON THE LITIGATION LOBBY 2010 A Message from the Director merica’s litigation-friendly legal system continues to im- law is, for the most part, crafted by state judges rather than en- A pose a heavy burden on our economy. The annual direct acted by state legislatures, these efforts have centered on ensuring cost of American tort litigation—excluding much securities liti- a friendly judiciary, whether appointed or elected. gation, punitive damages, and the multibillion-dollar settlement With business groups now fighting back against Trial Lawyers, reached between the tobacco companies and the states in 1998— Inc.’s longtime grip on state judiciaries, the litigation lobby has exceeds $250 billion, almost 2 percent of gross domestic prod- turned its attention to state legislatures, where it is not only block- uct.1 The indirect costs of excessive litigiousness (for example, the ing tort reforms but working to expand its portfolio of litigation unnecessary tests and procedures characterizing the practice of opportunities. Among other things, state legislators are authoriz- “defensive” medicine, or the loss of the fruits of research never ing new kinds of lawsuits, raising damage caps, and giving private undertaken on account of the risk of abusive lawsuits) are prob- lawyers authority to sue on behalf of the state. ably much greater than the direct costs themselves.2 Of course, the growth in federal regulation and law has made Of course, tort litigation does do some good, and it does deter it necessary for Trial Lawyers, Inc.
    [Show full text]
  • Judicial Hellholes Report
    “ Since the Supreme Court of the United States is the highest authority as concerns federal constitutional questions such as the present one, I am unable to join an opinion of a state court that does not abide by its latest pronouncement.” – Supreme Court of Pennsylvania Chief Justice Thomas Saylor in his dissenting opinion in Hammons v. Ethicon (October 21, 2020). “ The current construction of PAGA by California courts [which have their own constitutional infirmities] gives rise to the following unconstitutional framework: valid and binding arbitration agreements are rendered unenforceable; private contingency-fee attorneys are permitted to litigate on behalf of the state without oversight or coordination with any state official; private attorneys are allowed to negotiate settlements that enrich themselves at the expense of everyone but themselves.” – California Business & Industry Alliance in its suit against the State of California alleging a lack of governmental oversight of PAGA litigation. “ The average New Yorker feels the pain too. Nuclear verdicts (and routinely excessive verdicts) drive insurers from the market and increase premiums. The twin pressures of decreasing competition and increased insurance costs are ultimately passed through to the consumer. This is the same consumer and taxpayer who was leaving New York at a higher rate than any of the 50 states even before COVID-19.” – The New York Law Journal writing about the economic impact of New York’s legal climate and the rise in excessive verdicts. “ Welcome to St. Louis, the new hot spot for litigation tourists. The city’s circuit court is known for fast trials and big awards.” – Margaret Cronin Fisk, Bloomberg News “ I talk to business owners and lobbyists who represent business owners and they would not come here for anything… I’m sorry I get flustered when I hear people say we are bringing in money.
    [Show full text]
  • Alabama at a Glance
    ALABAMA ALABAMA AT A GLANCE ****************************** PRESIDENTIAL ****************************** Date Primaries: Tuesday, June 1 Polls Open/Close Must be open at least from 10am(ET) to 8pm (ET). Polls may open earlier or close later depending on local jurisdiction. Delegates/Method Republican Democratic 48: 27 at-large; 21 by CD Pledged: 54: 19 at-large; 35 by CD. Unpledged: 8: including 5 DNC members, and 2 members of Congress. Total: 62 Who Can Vote Open. Any voter can participate in either primary. Registered Voters 2,356,423 as of 11/02, no party registration ******************************* PAST RESULTS ****************************** Democratic Primary Gore 214,541 77%, LaRouche 15,465 6% Other 48,521 17% June 6, 2000 Turnout 278,527 Republican Primary Bush 171,077 84%, Keyes 23,394 12% Uncommitted 8,608 4% June 6, 2000 Turnout 203,079 Gen Election 2000 Bush 941,173 57%, Gore 692,611 41% Nader 18,323 1% Other 14,165, Turnout 1,666,272 Republican Primary Dole 160,097 76%, Buchanan 33,409 16%, Keyes 7,354 3%, June 4, 1996 Other 11,073 5%, Turnout 211,933 Gen Election 1996 Dole 769,044 50.1%, Clinton 662,165 43.2%, Perot 92,149 6.0%, Other 10,991, Turnout 1,534,349 1 ALABAMA ********************** CBS NEWS EXIT POLL RESULTS *********************** 6/2/92 Dem Prim Brown Clinton Uncm Total 7% 68 20 Male (49%) 9% 66 21 Female (51%) 6% 70 20 Lib (27%) 9% 76 13 Mod (48%) 7% 70 20 Cons (26%) 4% 56 31 18-29 (13%) 10% 70 16 30-44 (29%) 10% 61 24 45-59 (29%) 6% 69 21 60+ (30%) 4% 74 19 White (76%) 7% 63 24 Black (23%) 5% 86 8 Union (26%)
    [Show full text]
  • Judicial Hellholes 2012/13
    JUDICIALHELLHOLES® 2012/13 JUDICIAL JUDICIAL HELL H OLES 2012 OLES / 13 1 “ What I call the ‘magic jurisdiction,’ [is] where the judiciary is elected with verdict money. The trial lawyers have established relationships with the judges … and it’s almost impossible to get a fair trial if you’re a defendant in some of these places. … Any lawyer fresh out of law school can walk in there and win the case, so it doesn’t matter what the evidence or law is.” — Richard “Dickie” Scruggs, legendary Mississippi trial lawyer who built an empire of influence suing tobacco companies, HMOs and asbestos-related companies, but who has since been disbarred and sentenced to federal prison after pleading guilty to conspiracy in an attempt to bribe a judge. CONTENTS PREFACE . 2 EXECUTIVE SUMMARY . 3 JUDICIAL HELLHOLES . 7 #1 California . 7 #2 West Virginia . 10 #3 Madison County, Illinois . 12 #4 New York City and Albany, New York . 15 #5 Baltimore, Maryland . 19 WATCH LIST . 21 Philadelphia, Pennsylvania . 21 South Florida . 23 Cook County, Illinois . 25 New Jersey . 27 Nevada . 29 Louisiana . 30 DISHONORABLE MENTIONS . 33 Missouri Supreme Court Strikes down Noneconomic Damages Limit . 33 Washington Supreme Court Hits Protective Equipment Maker with Liability . 33 POINTS OF LIGHT . 35 IN THE COURTS California Supreme Court Finds Companies Not Liable for Products of Others Attached to Theirs after Sale . 35 Illinois Supreme Court Finds that Landowners Are Not Liable to Trespassers Who Ignore Obvious Dangers . 35 Kansas Supreme Court Rejects Attempt to Nullify Limit on Pain & Suffering Damages . 36 Mississippi Supreme Court Reins in Attorney General’s Alliance with Plaintiffs’ Lawyers .
    [Show full text]
  • Boilermakers Help Build World's Largest Solar Thermal Facility
    REPOTHE RTER The official publication of the International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers & Helpers, AFL-CIO/CLC JUL- SEP 2012 Volume 51 | Number 3 Boilermakers help build world’s largest solar thermal facility L-92 leads critical work at innovative Ivanpah Valley project RISING FROM THE floor of California’s Mojave Desert, about 40 miles southwest of Las Vegas, the Ivanpah Solar Electric Gener- ating System’s three 459-foot towers resemble missile launch pads. They are the most visible features of a 3,600-acre development that will use focused sunlight to turn water to steam and steam to electricity. The $2.2 billion, 392-MW project is being built by BrightSource Energy and will pro- vide power to PG&E and Southern California Edison. The U.S. Department of Energy has guaranteed about $1.4 billion for the project. Boilermakers from Local 92 (Los Ange- les) and sister locals, along with other crafts, are building the SEGS under a project labor agreement between Bechtel and the State Building and Construction Trades Council of California and the Building & Construction Trades Council of San Bernardino and River- side Counties. Scheduled for completion in 2013, the proj- ect reached the half-way mark this summer, see IVANPAH, PG. 12 . 1023 NONPROFIT ORG. NONPROFIT PAID POSTAGE U.S. SOUTHERN, MD PERMIT NO MAIN steWARD BOB FURNISH stands below the unit 1 tower at Ivanpah. The boiler sits atop the tower and is coated with a black, heat-absorbing material. Chris Farina Photography INSIDE THIS ISSUE Rally Industrial Sector meets targets 2 Ryan 5 EPORTER R , SUITE 565 SUITE , GET OUT AND VOTE! VENUE 9 A CITY, 66101 KS CITY, Delisle first female S A S in national 53 STATE STATE 53 KAN THE BOILERMAKER BOILERMAKER THE 7 apprentice competition THE BOILERMAKER REPORTER 2 JU L- SEP 2012 HEADLINE NEWS ISO conference keys on global labor issues, U.S.
    [Show full text]
  • West Virginia As a Judicial Hellhole: Why Businesses Fear Litigating in State Courts
    Volume 111 Issue 3 Article 8 April 2009 West Virginia as a Judicial Hellhole: Why Businesses Fear Litigating in State Courts Victor E. Schwartz Shook, Hardy & Bacon L.L.P. Sherman Joyce American Tort Reform Association Cary Silverman Shook, Hardy & Bacon L.L.P. Follow this and additional works at: https://researchrepository.wvu.edu/wvlr Part of the Torts Commons Recommended Citation Victor E. Schwartz, Sherman Joyce & Cary Silverman, West Virginia as a Judicial Hellhole: Why Businesses Fear Litigating in State Courts, 111 W. Va. L. Rev. (2009). Available at: https://researchrepository.wvu.edu/wvlr/vol111/iss3/8 This Article is brought to you for free and open access by the WVU College of Law at The Research Repository @ WVU. It has been accepted for inclusion in West Virginia Law Review by an authorized editor of The Research Repository @ WVU. For more information, please contact [email protected]. Schwartz et al.: West Virginia as a Judicial Hellhole: Why Businesses Fear Litigat WEST VIRGINIA AS A JUDICIAL HELLHOLE: WHY BUSINESSES FEAR LITIGATING IN STATE COURTS Victor E. Schwartz* ** Sherman Joyce Cary Silverman*** I. WHAT THE JUDICIAL HELLHOLES REPORT Is AND Is NOT ................. 758 II. FAILURES OF WEST VIRGINIA'S CIVIL JUSTICE SYSTEM .................... 760 A. Lack of Appellate Review ....................................................... 760 B. Home Court Advantage ......................................................... 764 C. ProceduralUnfairness ........................................................... 766 1. Mass
    [Show full text]
  • Case 1:06-Cv-00433-LTS-RHW Document 683 Filed 07/08/10 Page 1 of 11
    Case 1:06-cv-00433-LTS-RHW Document 683 Filed 07/08/10 Page 1 of 11 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI SOUTHERN DIVISION UNITED STATES OF AMERICA ex rel. CORI RIGSBY and KERRI RIGSBY RELATORS/COUNTER-DEFENDANTS v. CASE NO. 1:06cv433-LTS-RHW STATE FARM FIRE AND CASUALTY COMPANY DEFENDANT/COUNTER-PLAINTIFF and FORENSIC ANALYSIS ENGINEERING CORPORATION; HAAG ENGINEERING CO.; and ALEXIS KING DEFENDANTS STATE FARM FIRE AND CASUALTY COMPANY’S REBUTTAL MEMORANDUM IN SUPPORT OF ITS [671] MOTION FOR LIMITED AMENDMENT TO CASE MANAGEMENT ORDER [365] Robert C. Galloway (MSB #4388) Michael B. Beers ( ASB-4992-S80M ), PHV Jeffrey A. Walker (MSB #6879) BEERS, ANDERSON, JACKSON, PATTY & E. Barney Robinson III (MSB #09432) FAWAL, P.C. Benjamin M. Watson (MSB #100078) Post Office Box 1988, Suite 100 Amanda B. Barbour (MSB #99119) 250 Commerce Street (36104) Montgomery, Alabama 36102 BUTLER, SNOW, O’MARA, STEVENS & (P) (334) 834-5311 CANNADA, PLLC (F) (334) 834-5362 Post Office Drawer 4248 (E) [email protected] Gulfport, MS 39502 (P) (228) 575-3019 PRO HAC VICE (E) [email protected] James R. Robie (CA State Bar # 67303), PHV BUTLER, SNOW, O’MARA, STEVENS & ROBIE & MATTHAI CANNADA, PLLC Biltmore Tower, Suite 1500 200 Renaissance at Colony Park, Suite 1400 500 South Grand Avenue 1020 Highland Colony Parkway (39157) Los Angeles, California 90071 Post Office Box 6010 (P) (213) 706-8000 Ridgeland, MS 39158-6010 (F) (213) 706-9913 (P) (601) 948-5711 (E) [email protected] (F) (601) 985-4500 (E) [email protected] PRO HAC VICE (E) [email protected] (E) [email protected] (E) [email protected] Case 1:06-cv-00433-LTS-RHW Document 683 Filed 07/08/10 Page 2 of 11 Defendant/Counter-Plaintiff State Farm Fire and Casualty Company (“State Farm”) respectfully submits this Rebuttal Memorandum, pursuant to Federal Rule of Civil Procedure 16(b)(4), in Further Support of its [671] Motion for a Limited Amendment to the Case Management Order [365].
    [Show full text]
  • United States District Court District of Connecticut
    Case 3:09-cv-00590-JCH Document 160 Filed 04/12/11 Page 1 of 6 UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT CHRISTOPHER WILSON, individually and on ) behalf of all others similarly situated, et al., ) ) Plaintiffs, ) ) CASE NO. 3:09-CV-00590 (JCH) v. ) ) DIRECT BUY, INC., ) UNITED CONSUMERS CLUB, INC., and ) DIRECTBUY HOLDINGS, INC., ) ) Defendants. ) APRIL 12, 2011 ) MOTION FOR LEAVE TO FILE BRIEF AMICUS CURIAE OF THE ATTORNEYS GENERAL OF CONNECTICUT, TENNESSEE, ALASKA, ARIZONA, ARKANSAS, COLORADO, DELAWARE, THE DISTRICT OF COLUMBIA, FLORIDA, GEORGIA, IDAHO, ILLINOIS, IOWA, LOUISIANA, MAINE, MARYLAND, MASSACHUSETTS, MICHIGAN, MINNESOTA, MISSISSIPPI, MISSOURI, MONTANA, NEVADA, NEW HAMPSHIRE, NEW MEXICO, NEW YORK, NORTH DAKOTA, OHIO, OKLAHOMA, OREGON, PUERTO RICO, RHODE ISLAND, SOUTH CAROLINA, SOUTH DAKOTA, TEXAS, UTAH, VERMONT, WASHINGTON, AND WEST VIRGINIA IN OPPOSITION TO THE PROPOSED SETTLEMENT Case 3:09-cv-00590-JCH Document 160 Filed 04/12/11 Page 2 of 6 The Attorneys General1 of the signatory and supporting states (hereinafter “the Attorneys General”), make this special appearance2 to respectfully request that this Honorable Court grant leave for them to file their Brief Amicus Curiae in Opposition to the Proposed Settlement Agreement in this action. Among other responsibilities, the Attorneys General have mandates from their respective States to protect consumers. The Attorneys General are granted broad powers by their respective legislatures to accomplish that goal. The Attorneys General are also statutorily empowered by the United States Congress to receive and review all class action settlements. Class Action Fairness Act of 2005, Pub. L. No. 109-2, 119 Stat. 4. (“CAFA”). CAFA not only contemplates a role for settlement review by the Attorneys General, but it keys the earliest date that a final order can be entered to when governmental notice of the settlement is provided.
    [Show full text]
  • The Nation's Worst State Attorneys General
    Competitive Enterprise Institute Issue Analysis The Nation's Worst State Attorneys General By Hans Bader July 2010 Advancing Liberty From the Economy to Ecology 2010 No. 2 The Nation’s Worst State Attorneys General By Hans Bader Executive Summary State attorneys general (AGs) are among the most powerful offi ce holders in the country, with few institutional checks on their powers. A state attorney general, such as Oklahoma’s Drew Edmondson, can bring a politically motivated prosecution in violation of the First Amendment, yet his victims may well have no legal redress. With the possible exception of former New York Attorney General Eliot Spitzer, the enormous power wielded by state attorneys general has received little scrutiny. This discussion of the nation’s half-dozen worst attorneys general, like its 2007 precursor, seeks to focus much needed attention on their most egregious abuses of power. The historic function of a state attorney general is to act as the state’s chief legal advisor, charged with defending the state in court and giving legal opinions to offi cials on pending bills and policies. In some instances, attorneys general have been entrusted by state legislatures with enforcing specifi ed laws, assisting district attorneys in prosecuting serious crimes, and disseminating legal information. Like other government offi ces, state attorney general offi ces were designed to have limited powers, set forth by their respective state constitutions and statutes. Under all state constitutions, the legislature, not the attorney general, is given the power to make laws. If the legislature has not specifi cally given the attorney general the right to enforce a particular law, then he may be exceeding his authority by bringing a lawsuit under it.
    [Show full text]
  • Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 105 CONGRESS, SECOND SESSION
    E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 105 CONGRESS, SECOND SESSION Vol. 144 WASHINGTON, THURSDAY, JUNE 11, 1998 No. 75 Senate The Senate met at 9:45 a.m. and was mittee substitute. Assuming cloture think that is why the majority leader called to order by the President pro fails, the Senate will continue debate was happy to say he will allow the tempore [Mr. THURMOND]. on the tobacco bill. The Senate may Democrats to have sort of a sub- also consider any other legislative or stantive amendment of their own PRAYER executive items that may be cleared choosing, and then we can proceed for- The Chaplain, Dr. Lloyd John for action. Therefore, rollcall votes are ward. But we can work this out. I just Ogilvie, offered the following prayer: possible throughout today's session of wanted to make sure at least that was Almighty God, our purpose is to glo- the Senate. on the record at this time. rify You by serving our Nation. We Several Senators addressed the Mr. SMITH of Oregon. Mr. President, want to express an energetic earnest- Chair. I don't suspect that will be a problem. ness about our work today. Help us to The PRESIDING OFFICER (Mr. ROB- We are going to check with the chair- know what You want and then want ERTS). The Senator from Massachusetts man and try and accommodate. what we know; to say what we mean, is recognized. f and mean what we say.
    [Show full text]