Oklahoma's judicial system needs reformation!

 OKLAHOMA'S JUDICIAL SYSTEM

by Steve Fair

How are Oklahoma’s appellate court judges and justices appointed?

All judges and justices on the three courts of last resort in Oklahoma are appointed by the Governor of Oklahoma.  But they must first go through a ‘nominating’ process conducted by the Oklahoma Judicial Nominating Commission.  The commission submits three candidates to the governor, who must select from the three.  After nomination by the governor, they must be confirmed by the State Senate.

Who is on the Judicial Nominating Commission?

There are 15 members- six appointed by the governor (must not be lawyers or have lawyers in their family).  No more than three of the governor’s appointments can be people with the same political party affiliation.  The Oklahoma Bar Association appoints six members (a lawyer from each Congressional district).  There is one appointment by the Speaker of the Oklahoma House and one by the Oklahoma Senate President Pro Tempore (cannot be a lawyer)and the last member selected by the other 14 members.   Commission members serve 6 year terms.  The Chairman of the Commission is elected by the membership and serves a one year term.  Commission members cannot be an official within a political party or an elected official during their term and for five years after their term ends.  They are not paid, but are reimbursed for travel expenses. 

Where do you find information on the judges/justices?

It is very difficult to find information on the judges and their ideology.  Two of the courts of last resort have websites where they publish their decisions.  The Oklahoma Supreme Court website is: https://www.oscn.net/schome/  The Oklahoma Court of Criminal appeals website is: http://www.okcca.net/ The Oklahoma Court of Civil decisions can be viewed at Justia.  That website is: https://law.justia.com/cases/oklahoma/court-of-appeals-civil/  Their political affiliation is not public information.  The judicial conduct code prevents the judges/justices from campaigning, which limits voter information on their individual ideology/values/philosophy.  

How many judges/justices are up for retention in November?

There are eleven up for retention.  Four on the Supreme Court, five on the Court of Civil Appeals, and two on the Court of Criminal Appeals.

Has a judge/justice ever not been retained?

No, since Oklahoma began judicial retention, no judge/justice has not been retained.

 

BIDEN SHOULD SUBMIT TO A COGNITIVE TEST & RESULTS SHOULD BE RELEASED TO THE PUBLIC!

 Weekly Opinion Editorial

POLICY, NOT GAFFES!

by Steve Fair

 

      A gaffe is an unintentional act or remark-a blunder- causing embarrassment to its originator.  Everyone makes gaffes because no one is perfect. Politicians in both Parties make gaffes all the time.  Michael Kinsley, former host of CNN’s Crossfire, coined the term ‘Kinsley gaffe’ to when a politico tells the truth- some obvious truth- they weren’t supposed to say.  Politicos don’t make many of those.

     One of the most famous political gaffes was in 1984 when President Reagan, while prepping for his weekly radio address, decided to make a joke, unaware his microphone was on.  “My fellow Americans, I’m pleased to tell you today that I’ve signed legislation that will outlaw Russia forever.  We begin bombing in five minutes,” the Gipper said.  Given this was during the peak of the Cold War, the comment sparked fear among U.S. citizens and panic among Russian authorities. All-out war was averted when those in control of both militaries took the remark for what it was…an ill-conceived attempt at humor.

     The mainstream media loves gaffes, especially when the politician committing it is a Republican.  In 2016, then candidate Donald Trump confused 9/11 with 7/11 and it made headlines.  In 2019, Trump confused Toledo and Dayton, Ohio as the site of a shooting and the mainstream media made it the lead story.  Trump’s often outrageous flamboyant statements, provides mainstream media with plenty of ammunition.  Three observations:

     First, everyone makes mistakes.  No one is perfect.  A scribers error by a speechwriter or a misspoken word by a candidate/elected official in a speech will happen.  It is not always reflective of their cognitive ability or mental health.  Citizens shouldn’t get so energized and worked up over miscues and bloopers.  They should be more concerned with policy and issues.

     Second, the media has a double standard in regard to gaffes.  President Trump’s mistakes and gaffes were spotlighted and headlined, while those by Biden and the Democrats are largely ignored.  For example, this week, speaking from the White House, President Biden tried to acknowledge the late Rep. Jackie Walorski (R-IN), despite the fact she died in a car crash in August.  The gaffe was largely ignored by the media.  If Trump had made that mistake, it would have been the lead story for a month.     

     On Thursday, Vice President Kamala Harris mistakenly touted the United States ‘alliance with the Republic of North Korea’ in a speech from the DMZ.  Clearly, Harris meant South Korea, but little was made of her lapse by the media.  When then VP candidate Sarah Palin said America should stand with our North Korean allies, networks broke into regular scheduled program to point out the error.  The media ignores Democrat gaffes and sensationalizes Republican ones- a clear double standard.

     Third, Biden’s recent gaffes appear to reveal cognitive decline.  Republicans and Democrats alike have questions about the POTUS’ cognitive ability.  In July, Rep. Ronny Jackson, (R-TX), sent a letter to Biden’s physician asking Biden to undergo a cognitive test and to share the results with the American people.  Jackson is a former White House physician, serving in the administrations of George W. Bush, Barack Obama, and Donald Trump.  A cognitive test for a POTUS is not unprecedented.  In 2018, following calls from Democrats and the mainstream media, Jackson, as WH physician, gave President Trump a cognitive test and the results released to the public. 

     “I have long said there would come a time when I was not the only one discussing Joe Biden’s cognitive decline. That time is now. As Democrats in the West Wing and the broader Democrat Party express discontent about his age-related decline, it should be clear now more than ever to President Biden, Dr. O’Connor, and Dr. Fauci that it is time to submit to a cognitive test. This is not a political issue, it’s common sense,” Jackson said.  The American people have a right to know if the POTUS is in cognitive decline.  Biden should submit to the test. 

     Anne Shirley of Anne of Green Gables said, “Isn’t it nice to think that tomorrow is a new day with no mistakes in it yet.” Nice to think that way Anne, but unrealistic- everyone makes mistakes/gaffes/errors.  Americans shouldn’t focus on lapses or misspeaks.  They should be fixated on policy- specifically on how much of their money the government is spending in these challenging economic times.

POLLS ARE NOT USED TO REFLECT PUBLIC OPINION- THEY ARE USED TO SHAPE IT!

Weekly Opinion Editorial 

POLL CATS!

by Steve Fair

     Forty-five days until the November general election and according to a Washington Post/ABC News poll, America is divided.  The pollster included a ‘skewed’ question about the overturning of Roe vs. Wade, that showed 62% of Americans disagreed with the ruling.  The poll showed Republicans have a slight advantage in voter enthusiasm, but both Parties are motivated to get out to vote.  President Biden has an approval rating of 39%, with 53% strongly disapproving of the job the POTUS is doing.  57% of those polled believe Biden hasn’t accomplished much of anything.  31% of those polled said the Democrat Party is too permissive on abortion.  50% believe the Republican Party is too restrictive. Three observations about polls, no matter who is conducting them:

     First, polls are often manipulated and contrived.   Statistical sampling is the method pollsters use to measure voter interest.  They poll a cross section of voters and then extrapolate and project the results to a confidence factor.  Polls have been around since the early 1800s.  In the 20^th century, The Literary Digest, a magazine published by Funk & Wagnalls, conducted opinion polls on the presidential races.  The Digest correctly predicted four straight races, but missed big in 1936 when they predicted Alf Landon would upset FDR.  George Gallup found their method of soliciting people to send in postcards had given them a bad sample. It seems, Landon’s supporters had conspired to bias the poll by flooding the Digest with postcards. 

     How a question is asked, who is commissioning (paying for) a poll, and those polled not providing accurate and honest answers can result in poll cats providing erroneous and faulty information.       Many push polls masquerade as opinion polls.  A push poll is an interactive marketing technique where a campaign attempts to influence the polled’s views and manipulate their response.

     Second, the only poll that matters is the one on Election Day.  The phrase originated in Australian politics, but it’s repeated often in America- often by candidates who are behind in the polls.  While true, polling, when conducted in a fair, unbiased, and scientific manner can be amazingly accurate.  Exceptions have been the 2016 and 2020 presidential elections.  Most preelection polls had Hillary Clinton and Joe Biden easily beating Donald Trump. According to a report from the American Association for Public Opinion Research, polls for the 2020 election were the worst in forty years and polling in state races was the worst in twenty years.  Loss of objectivity by pollsters have resulted in a loss of public confidence in their accuracy.

     Third, the economic poll is the one to watch.  Pay attention to the inflation rate, the Consumer Price Index(CPI), the Gross domestic product(GDP), unemployment, interest rates and the price of crude oil.  All of those aren’t trending well for the average American.  The average Individual Retirement Account(IRA) decreased in value -18% since January 2022, wiping out $3 trillion in collective wealth of Americans.  The stock market is down -20% during the same period.  Crude oil is at a fifteen year high, resulting in high fuel prices at the pump.  Inflation is over 9% this year. Food at home prices have increased by 11% this year.   Most voters vote with their pocketbook, so it’s a safe conclusion the economic poll indicates they will vote out the Party in power.

       The late Rush Limbaugh said: “Polls are just being used as another tool of voter suppression.  The polls are an attempt to not reflect public opinion, but to shape it.  Yours.  They want to depress the heck out of you.” Nothing could depress Americans more than the economic indicators this year.    

     But that won’t stop poll cats from releasing fake polls indicating Americans are going to vote liberal in November, in the hope it will deflate conservatives.  A pole cat is a weasel-like mammal, noted for ejecting a fetid fluid when threatened.  Is there an odor in the air?

 

They condemn politicization, while politicizing!

 Weekly Opinion Editorial

SNAKE OIL CONCOCTION

by Steve Fair

 

     The Supreme Court of the United States (SCOTUS) begins a new term on October 3^rd.  This will be the first term new Justice Ketanji Brown Jackson, who was appointed by President Biden, will be on the court.  Brown Jackson replaced fellow liberal Justice Stephen Breyer, who retired in June.  A 6-3 conservative majority remains on the court.  The SCOTUS is set to tackle a series of hot-button issues, including two major election disputes that could impact the 2024 presidential election.

     After the SCOTUS’s ruling overturning Roe vs. Wade, two of the liberals on the court have went on the road like snake oil salesmen questioning the legitimacy of the court.  Liberal Justices Elena Kagan and Sonia Sotomayor claims the court’s most result rulings have been political and not constitutional.  “When courts become extensions of the political process, when people see them as extensions of the political process trying to impose personal preferences on society, irrespective of the law, that’s when there’s a problem,” Kagan said this week in Chicago.  Sotomajor said the same thing the next night in California.  Chief Justice John Roberts responded that justices shouldn’t question the court’s legitimacy just because they disagree with a ruling.  Three observations:

     First, every SCOTUS ruling is political.  The definition of political is: relating to the government or the public affairs of a country.  The original Roe vs. Wade ruling was political.  In 1973, spurred by social liberals, who wanted the government to sanction birth control- after the fact- the SCOTUS made a political ruling. Every ruling is political and rooted in ideology.  For Kagan and Sotomayor to question the court’s legitimacy is dishonest.  They know the six justices who voted to overturn the 1973 Roe vs. Wade decision hold to an ‘originalist’ legal philosophy as opposed to their ‘textualism’ view.  To cast a shadow over the court’s legitimacy is the height of political and the ultimate sore loser.

     Second, the SCOTUS should not rule based on public opinion.  Every ruling should be based on the U.S. Constitution.  In the most recent past, that hasn’t been the case because the majority of justices on the SCOTUS were textualists and believed the Constitution is a ‘living’ document.  Textualists contend the original intent view is out of date/unfashionable.  Most SCOTUS textual rulings were made based on public opinion.  Now that’s political.  While it is true, citizens/the governed should have confidence that SCOTUS rulings are proper and follow the rule of law, the court should never rule based on public opinion.  It should rule based on the founding document.  

     Third, liberals are trying to change the structure of the SCOTUS.  Since President Trump appointed three justices in four years, liberals have come to the conclusion the SCOTUS needs to change.  Pressured by liberal activists, President Biden appointed a commission to study ways to change the SCOTUS.  The commission recommended term limits for justices (70 years old max) and expanding the court.  President Franklin Roosevelt tried the exact same thing in 1937, when conservative SCOTUS justices struck down some of his New Deal legislation.  The plan failed because Democrats in Congress opposed FDR’s plan- calling it a politicalizing of the SCOTUS.

     Democrats are trying to use the SCOTUS ruling on Roe Vs. Wade as ammunition against Republicans in the mid-term elections.  They are trying to convince voters the SCOTUS justices who voted to overturn Roe vs. Wade are partisan political hacks.    They condemn politicization while politicizing.  They are double-minded, unstable, vacillating, and insincere.  November will reveal if Americans brought their snake oil concoction.

 

CITIZENS GET THE GOVERNMENT THEY WANT!

 Weekly Opinion Editorial

WHISTLE PIGS!

by Steve Fair

      According to the U.S. Bureau of Labor Statistics (BLS), Americans in 2021 paid more in taxes than they spent on food, clothing and health care combined.  American households spent an average of $15,495 on food, clothing and health care, while paying an average of $16,729.73 in total taxes to federal, state and local governments.  Both of these numbers are up vs. 2020.  Three observations:

     First, government, at all levels, never has enough revenue.  Whether its for the national defense or the repair of a local pothole in the city street, government’s appetite for taking money from citizens is never satisfied.   Government spending is never cut or reduced- it continues to grow each year- no matter which Party is in office.

     The U.S. Treasury divides federal spending into three groups: mandatory spending, discretionary spending, and interest on the national debt.  Discretionary spending refers to the portion of the budget Congress decides each year through the appropriations process.  Last year, that was a whopping $2 trillion dollars.  In a normal year, about half of that amount goes to the military. 

     Mandatory spending includes Social Security, Medicare, and Medicaid, which combined are three times more than what the U.S. spends on national defense.  In 2022, mandatory spending was $6 trillion dollars.

     The interest on the national debt is $400 billion each year.  The Congressional Budget Office(CBO) projects the annual interest cost will increase to over $1.2 trillion in the next ten years,  As a percent of the Gross Domestic Product (GDP), these costs would double from 1.6% to 3.3%.  Government grows at all levels, with little accountability.   

     Second, true fiscal conservatives are endangered.  GOP candidates, at all levels, ballyhoo fiscal conservatism in their campaign literature and stump speeches, but few follow up once elected.  Candidate Donald Trump promised to balance the federal budget, but by 2019- before the pandemic- then President Trump was sending a budget to Congress that was $1 trillion dollars in the red.  During his four-year term, Trump spent more tax money than Obama.  Political activists rarely question elected officials about deficit spending and the national debt, which has resulted in true fiscal conservatives vanishing like the blush of innocence. 

     Third, citizens get the government they want.  While most Americans lament and complain about the size of government, the amount of taxes they pay, and the lack of response from their elected officials, only a very few do anything about it.  Most citizens are too busy making a living, paying their taxes, and raising their families to invest any time paying attention to how their tax dollars are being spent or to pay attention to politics.  They rely on others to do their heavy lifting.  Like Punxsutawney Phil, the groundhog who only leaves his burrow once a year, these hard workers emerge from their den periodically to hold those who are engaged accountable for the sad state of affairs.  They are unwilling- and sometimes unable- to be involved, but that doesn’t stop them from deriding those who are.  What those whistle pigs fail to discern is they have the government they deserve.  The only way to change that is for them to take proprietorship/ownership of their government more than intermittently.

     American consumers are price conscious at the grocery store.  They make sure they get a value for their food dollar.  They watch for bargains on clothing.  They shop and compare health care.  But when it comes to how taxes are being spent, taxpayers are impassive.  Until taxpayers start watching where taxes are being spent- at all levels of government- citizens will get the government they deserve.  Start paying attention!  Don’t be a whistle pig. 

 

A WORKER IS WORTHY OF HIS HIRE!

 Weekly Opinion Editorial

 

NO WORKER IS A VICTIM!

by Steve Fair

     Labor Day is a federal holiday in the United States that is always celebrated on the first Monday in September.  It began in the late 19^th century (1894) and was established to recognize and honor the American labor movement(unions).  Labor Day also marks the unofficial end of summer, celebrated with outings, picnics and parades.   

     At the height of the Industrial Revolution in America, the average worker was putting in 12-hour days seven days a week to make a living.  Workers got organized, formed unions and collectively negotiated with business owners for higher wages and better working conditions.  That led the rise of labor unions like the AFL-CIO, Teamsters, and United Auto Workers.  The unions not only worked to get better wages and working conditions for their membership, but they got heavily involved in politics.  They successfully lobbied in many states to restrict workers from opting out of a union by requiring compulsory membership.  A portion of union dues were used to campaign for candidates who agreed with the unions.  Rank and file membership wasn’t given the choice of whether their dues would be used for political purposes for causes and positions they disagreed with.  That autocratic, tyrannical approach hurt the union’s membership.  Current union membership is about 10.3% of the total workforce in the U.S., half of what it was in 1983.  Three observations about labor and workers in America:

     First, the wage gap is widening in the United States.    Republicans don’t like to discuss it, but it’s true.  Workers are not appreciated and rewarded financially as they were in years past.  In a study of 300 top U.S. companies conducted by the Institute for Policy Studies (IPS), a liberal think tank, the average CEO received $670 in compensation for every $1 the worker received.  That is 4 times the disparity 40 years ago.  More than a third of the companies IPS surveyed were not increasing pay to keep up with inflation for their rank-and-file workers.  Clearly IPS has a liberal agenda, but the truth is the disparity between worker pay and executive has widened dramatically in the U.S.  

     Second, every worker is self-employed.  That doesn’t mean they have their own LLC or operate their own business.  It means they make a conscious choice to work for the wages they agree to upon hiring.  They agree to provide a service (their labor) for a paycheck.  If they want to sever that relationship, they can.  If they believe they are being treated unfairly or being underpaid, they should point it out to their employer.  If the boss doesn’t recognize their value, they should seek an employer that will. 

     Good workers should never ‘play the victim’ and blame their boss for not making enough money.  Working for a company isn’t the priesthood- you can leave.  A worker is worth fair wages.  An employer who takes advantage of willing, loyal, honest workers by not paying them what they are worth isn’t worthy of having eager, reliable, forthright employees.  Building a business on the backs of people being taken advantage of isn’t being conservative- it’s socialist.

     Third, living the American dream is no guarantee.  In fact, the dream in America is declining.  90% of children born in the 1940s achieved more accumulated wealth than their parents.  Only 40% of children born in the 1980s are doing that.  Why the decline?  One reason is government regulation on lending practices that have restricted access to capital.  Banks can’t take a risk on an idea and a hard worker like in the 1970s.  The government has made it next to impossible to get a business loan.  The primary reason Generation Xers are not doing better than their parents is many have a ‘victim’ or ‘entitlement’ mentality.  Until they take personal responsibility for their financial lot in life and stop blaming somebody else, they can expect to be stuck on the merry go round of life.

     Labor unions evolved because workers got fed up with being treated bad by their employers.  Those workers organized and effectively changed their circumstances by not being victims or demanding entitlements.  No worker is a victim.  They control their own economic fate.

DEBT CAN'T SIMPLY DISAPPEAR- THERE IS NO FREE IN ANY ECONOMIC SYSTEM!

 Weekly Opinion Editorial

BIG ROCK CANDY MOUNTAIN!

by Steve Fair

 

     Last week, President Joe Biden announced student-loan forgiveness for Pell Grant recipients and other federal borrowers.  Pell Grant borrowers could have up to $20,000 forgiven- non-Pell borrowers up to $10,000.  Both groups have to make less than $125,000 annually ($250,000 for couples) to qualify.  Forgiveness is automatic for borrowers who the Department of Education already has their income information.  That could be up to 8 million borrowers.  Under Biden's plan, 43 million people stand to have their loan payments reduced, while 20 million would have their debt forgiven altogether.

     “There is an entire generation now saddled with unsustainable student loan debt in exchange for a college degree.  We’re making incredible progress bringing relief to those that need it and fixing the student loan system so it works for working people,” President Biden said. 

     Biden’s executive order is expected to be challenged in court.  Many believe the president doesn’t have the legal authority to cancel student-loan debt, including it would seem Speaker of the House Nancy Pelosi.  In July 2021, Pelosi said, “People think the president of the United States has the power for debt forgiveness.  He does not.  He can postpone and delay, but he does not have that power.  That has to be an act of Congress.”  Care to bet if Peolsi has changed her mind?  Three observations:

     First, Biden’s debt forgiveness is a blatant effort to help Democrats in the mid-term elections.  The economy is struggling, inflation is up and the supply chain remains broken, which has resulted in high prices at the shelf and pump.  The Democrats are projected to lose control of the U.S. House and perhaps the Senate in November unless something moves voters to the left. 

     Nothing motivates voters like getting free stuff (at least free to them), so Biden is hopeful his decree will spike voter turnout from the 43 million recipients of his generosity and keep Democrats in control of Congress. 

      Politicians of all persuasions/affiliations love to give away taxpayer money as re-election tokens.  That’s why taxpayer funded roads, bridges, airports and buildings are named after them and not for the people who actually paid the bill.

     Second, Biden’s action is blatantly unfair.  The forgiven student-loan debt is not eliminated.  It is transferred to taxpayers.  People who made a bad decision are rewarded.  Responsible citizens are penalized. It’s sad the American government and higher education duped and conned young students into borrowing money to fund their education, but it is not the responsibility of taxpayers to assume that debt.  Biden’s executive order reeks of Karl Marx’s famous communism creed: “from each according to his ability, to each according to his needs.” 

      Third, higher education has become about revenue, not education.  Colleges and universities sell unqualified students remedial (high school) classes at high prices, knowing those students will not finish college.  39% of the student-loan borrowers did not complete a degree and account for 23% of the total student-loan debt.  55% of those who graduated with a Bachelor’s degree account for 64% of the debt.  Working your way through college has become an impossibility because of the high cost of higher education. 

     The theory that a college degree will pay off in higher income has become a fallacy.  The Texas Public Policy Foundation found only half of modern college graduates will recoup their costs of going to college within twenty years and the other half will never make enough to cover what they spent to get their sheepskin.

     There is no free!  Someone is always paying the bill. Free doesn’t exist in any economic system.  Tragically many in America don’t know that, including the current president.  They wistfully wander through life, believing debt can simply disappear, and the lakes are stew and whiskey too on Big Rock Candy Mountain.