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Friday, June 08, 2007
Burt Prelutsky :: Townhall.com Columnist
First, Kill All the Judges
by Burt Prelutsky
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Recently, I was on a panel addressing the Republican Jewish Coalition here in the San Fernando Valley. The others on the dais were screenwriter Roger Simon, comedian Evan Sayet and in the role of moderator, radio talk show host Mark Isler. We discussed a gamut of issues, including what we panelists would do if we were president. My own response was that I’d refuse the job. Instead, I said, I’d like to be dictator. What’s more, being the sort of conservative who favors capital punishment and is glad we invaded Iraq, I wouldn’t be one of those benevolent ones we always hear so much about.

Ever since I made that statement, I’ve fantasized being totally in charge. As I told the audience that evening, for openers, I’d build a 50-foot wall that not only ran the entire length of our border with Mexico, but was also 50-feet deep. (I, for one, am getting sick and tired of those damn tunnels.) You think my plan would cost a bundle? No doubt. But it would be a bargain compared to what illegal aliens cost us, both financially and in the loss of our national sovereignty.

It’s not just the craven response of our elected officials to the border problem that makes me hunger for the czarship. Every single time I hear Harry Reid, Nancy Pelosi, Chuck Hagel, and the rest of the peace-at-any-price doves in Washington chirping about deadlines or see them trying to nickel-and-dime our troops to death -- literally to death -- I find myself positively yearning to take the reins.

The most recent occurrence that got my gorge rising is simply the latest example of judicial arrogance and cruelty. For a long time, I’ve realized that the only people who place more emphasis on blood than certain aboriginal tribes, Islamic fundamentalists and Dracula, are American judges.

Some years ago, in a highly-publicized case, the Illinois Supreme Court removed a young child from his adopted family, and handed him over, as if he were a used car or a stick of furniture, to some foreign jerk-off who hadn’t even been married, as I recall, to the boy’s biological mother. But blood, these black-robed idiots decided, counted for more than love and sacrifice, and far more than what the child wanted or needed.

There have been countless cases in which the children of women who used crack cocaine even during their pregnancies were taken away from the only home and only parents the children had ever known because, at some point and for however long, the woman had managed to get off drugs. These women endangered the child even before it was born; they’re unwed; and usually have no parenting skills or any other skills beyond hooking for a living. But none of that matters, not so long as they’re connected by blood. So far as these mutton-headed jurists are concerned, blood trumps everything, including commonsense and common decency. So far as these judges are concerned, blood is indeed thicker than water. But nothing’s as thick as their own heads.

The latest outrage is taking place in Memphis, Tennessee. Eight years ago, the biological parents of baby Anna Mae, Shaoqiang and Quin Luo He, gave up their infant daughter. Jerry and Louise Baker became her foster parents and have raised the child since 1999. You still remember 1999, don’t you? Bill Clinton was occupying the White House, the Twin Towers were still standing, and nobody but her parents had even heard of Paris Hilton. If you think that was a long time ago, imagine how long it would seem if it were your entire life.

Now, the Hes have decided that they want Anna Mae snatched away from everything and everyone she’s ever known. And, naturally, the members of the Tennessee Supreme Court agree. If I were running things, it would take me all of five minutes to determine that these judicial guttersnipes were aiding and abetting in what is clearly nothing more than a court- sanctioned kidnapping. Then I’d send the bunch of them off to the salt mines, there to ponder the error of their ways. Oh, did I forget to mention that, on top of everything else, Shaoqiang and Qin Luo He are illegal aliens?

Mrs. Baker says, “Our sweet, loving little girl is full of anger, and she’s yelling that nobody understands her.”

On the other hand, David Siegel, the attorney for the Hes, accused the Bakers of attempting to stir up public sentiment, ruining what “has otherwise been a very peaceful transition.”

First, I’d ask, which of these two people do you actually believe? Next, I’d like to know how it is that some lawyers aren’t compelled, like lepers in the old days, to ring little bells and say, “Unclean…unclean” whenever they appear in public. I’d also like to know who marries these people, and why.

In conclusion, let me merely say that the blindfold on Justice is intended to be taken symbolically, not literally. Justice, after all, is supposed to be blind, not stupid.

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About The Author
W. Burt Prelutsky is an accomplished, well-rounded writer and author of "The Secret of Their Success: Interviews with Legends and Luminaries."
 
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Wait a sec, Burt
You say the Bakers were foster parents. That's distinctly different from being adoptive parents. Foster parents haven't adopted the child, and should have no expectation of permanent custody.


Gotta admit: that stuck with me too.
"FOSTER" is not the same as "ADOPTIVE" and is used when parents (for whatever reason, CAN'T take care of their children.) But it is MEANT to be temporary.
Granted, a lot of Foster parents get coerced into letting their children be adopted... But this seems NOT to be the case here.

Illegal
Burt wrote that the "biological parents are illegal aliens." If Anna Mae was born here, she would be a legal American.

What rights do the biological parents have if they're illegal?

The Writer Responds
If it had been me, I would have adopted the child. But I would think that after all this time, the foster parents and, more importantly, the child assumed theirs was a permanent relationship. But once again, an American court decided that blood ties are the only ties that matter.

Regards, Burt Prelutsky

The law is wrong
Doesn't seem fair that illegal aliens were allowed to use our court system. They should have been deported if they were illegal.

Burt, sorry, gotta disagree
There's a world of legal difference between the status of "foster" and "adoptive" parents.

Making an assumption as you suggest.... well, you know what they say about the word "assume".

The foster parents blew it big time if they wanted to keep the kid permanently but never went through the formal adoption procedures. If that's the case, the court is absolutely correct in the ruling.

blind, not stupid
Blind, not stupid: I agree.

Kill all the judges: uh... No. But the Czar can pick and choose ;^)

You as the Supreme Commander: That's MY (fantasy) job!

The He case, however, may not be such a good example. I, for one, am withholding judgment while doing more research.

http://findarticles.com/p/articles/mi_qn4188/is_20040513/ai_n11459492
http://www.azstarnet.com/sn/mideast/182540
http://www.federalnewsradio.com/?nid=80&sid=1040852


Burt
I've got to agree with the others on this one. They should have adopted the girl. Unfortunatly now the child is an anchor baby and her illegal parents can use her to get permanent visas and welfare benefits. Thats why they want her back.

Burt I'm curious..
But first I'll say that I agree with the previous posters that the child should have been adopted. That aside..

If you were dictator...say for 1 day (24hrs) and anything that you demanded within that time would become absolute. What would you do with that precious power?

Goshawk
If my authority ended after 24 hours, I couldn't do very much. I couldn't have that wall built along our southern border, I couldn't invade Iran, I couldn't replace Ginsberg or Souter on the Supreme Court. Frankly, for just one day, I wouldn't even bother shlepping all the way to Washington, D.C., for the swearing-in ceremony. Perhaps I'd just phone in pardons for Scooter Libby and those two border agents, and let it go at that.

Best, Burt

24 hours
First, I'd order coffee. Lots and lots of coffee.

Then... Let's see, Fair Tax. No anchor babies. No consecutive terms for Congress, Senate, or Presidency. Paris Hilton in jail, Border Agents out. National ID card. No lifetime appointments for anything, but SCOTUS can have 15 years. Social Security payments go into a trust fund, not the general fund (hey, it's a start). When you die we cut you up for transplants (religious exceptions allowed) and what's left is fertilizer. Driver license retests every ten years. Handgun carry permits for any citizen/legal resident who passes background check and safety course (written and performance, including shoot/don't shoot scenarios). Retests every 5 years.

Lunchtime...



Foster parenting vs adoption.
I know that staying in the foster parent role since 1999 is excessive but is there a possibility of extenuating circumstances? As an example, how many times do we hear of couples refusing to marry because it's more financially advantageous to just shack up? Perhaps there was similar reasoning here. From my own secondhand knowledge of foster parenting, I know the state will pick up the tab in a lot of areas that an adoptive couple would be out of luck on.

Regardless, I think the child's interests weren't served by the court here. Typical bone-headed judicial action.

Not that funny
Given how many of liberties we have squandered over the fear invoked by a few wackos with box cutters, now is not the time to joke about a dictatorship. When we let our minds go in fantasies such as a unitary executive that would be more powerful than King George, we need to stop and push back and regain the power of the government for the people. If this column was meant as a joke, I for one am not laughing.

50 feet
If you were dictator, the lawyers, judges and Supreme Court would not matter. They would do as instructed. At least until some sniper took you out or do-gooders from another country invaded you.

However, I am more interested in your wall. Particularly the dimensions. But then again, I say forget the wall. How about a canal fifty yards wide and fifty feet deep, filled with crocodiles and fed just enough to whet their appetites? It would be a heck of a lot cheaper.

Burt, if you were a dictator,
you wouldn't be a conservative, now would you. I think this fantasy reveals your liberal wolf under your conservative clothing.

Prelutsky's exercise of ignorance
The author of this article proves once again in America one has the freedom to show what a fool they are.

Prelutsky has no idea of the facts of either the Anna Mae He case or the Baby Richard case. The latter is the case where Prelutsky demonstrates his xenophobia by calling the birth father “some foreign jerk-off who hadn’t even been married”. With respect to marriage, would Prelutsky prefer the father to have held marriage in the high esteem has his heroes Bob Barr (married 5 times) or Newt Gingrich (3 times)?

In an effort to stop the spread of ignorance, here’s some of those annoying little facts which invalidate the yellow journalism opinion piece. With respect to the Baby Richard, the “adoptive” parents stole the child by fraudulently telling the court the birth father had died. When Otto, a concert violinist in his own country, found out his boy was not dead as the birth mother had told him, within a few days of the birth, he immediately petitioned the court to raise his boy (now Danny). That the boy was returned 4 and a half years later was due to the legal strategy of the Baby Brokering advocates Hear My Voice.

With respect to the Anna Me He case, Anna Mae was never given up by her real parents. The real parents were facing some financial and legal troubles arising from a false rape charge which were exacerbated by the false accuser’s husband beating Anna’s mother in a store leading to the early birth of Anna. To get the real picture of the case, go to http://scribblingredhev.blogspot.com/. This info used to be on wikipedia but the powerful child peddlers of the adoption industry managed to censor the internet. The Tenn. Sup. Ct opinion, which is only 20 pages, would also be very enlightening to someone who is willing to look at facts before rushing to an opinion. One other thing worth mentioning, Anna’s real parents have 2 other children born in this country, so they didn’t need an “anchor baby” in Anna. Anna’s real parents are facing deportation, which should give everyone insight into how connected the legalized child stealers were considering this country has over 20 million aliens here who entered illegally, many who have committed multiple crimes, and yet the government has lifted a finger to remove them. Hear My Voice was involved in this case as well as yet another case in the same Tenn. Court where a child was legally abducted out of state from the birth father.


Burt, good column!
While those that post the technicalities of foster parents vs adoptive parents, the main point is the legal status of the parents and their legal standing to sue in court. As soon as they came forward, they should have been deported and been long gone. The welfare of the child should take precedence, but we've seen how hard it has been to simply pass "Jessica's Law" in most states. The sad truth is that our government, especiallly the judiciary, cares not a whit about the children for all their hot air rhetoric to the contrary.

Great column Burt
Great column Burt! As for those who want to focus on "foster" vs. "adoptive"-- you're missing the point. To the child, these people are the only family she has known, and the blood family are in our nation ILLEGALY (which means "against the law"!) and should have no standing in our courts, unless they're at a hearing for they're own deportation! And to just say that the foster family "screwed up" by not adopting, well that shows a complete ignorance to the complexities and barriers inherent in the adoption system and laws. They may have been trying for years, we don't know. But it doesn't matter-- the judges are ripping a child from her 'parents' and home to give her to people who gave her up once, and who don't respect the rule of law in the first place.
This child will grow up very angry and resentful, with very little respect for the American legal system. How sad.

Well,
The folks here are right. The difference between foster and adoptive is great and makes all the difference. Furthermore, we don’t have enough details to make a fair judgment in this case. The larger point of the article should be our focus. There is a terrific struggle between the rights of the child and the right of the parent. It also carries grave repercussions when ever a choice is made. It’s all too easy to make declarations about a particular case. It’s all too hard to be the one who actually has to make the final decision and carry the burden of knowing that it’s a child’s life and wellbeing you’re risking.

Our Judges
My sentiments.

Hey Burt
I have to agree with you here, Brian brings up a legitimate legal point concerning the difference between foster and adoptive. That being said, there is often times a world of difference between legal-illegal and right-wrong. This is a right-wrong issue and though people correctly will point out if we don't like the laws we should change them, for this child it would be too late. Also if the "parents" gave up the rights to the child how is it that some many years later they are simply allowed to change their mind?

One other question seems to rear it's head here, if the biological parents are illegal aliens is this girl being used as an anchor baby?

The 'He' affair
The biological parents ARE illegal aliens and their daughter Anna Mae is a citizen, so they first took advangage of American generosity and gave up up 'responsibility' for their daughter in order to get more 'benefits' -- but they say they didn't want to give up parental rights. Later, after numerous efforts by the Bakers to adopt Anna Mae -- for whom they have cared almost since she came from the womb -- a a couple of years ago a court in Tennessee removed any parental rights of Anna Mae's biological parents, gave sole custody to the Bakers and said the child COULD then be adopted by the Bakers based on 'child abandonment' by the biological parents. That ruling was overturned by the Tennessee Supreme Court.

Now one can only wonder how two illegal aliens survived all these years (and they don't speak Spanish either) now have the wherewithal to provide all of the benefits that taxpayers and the Bakers provided. Of course, the taxpayers may still be paying the 'benefits' freight -- but who is paying the lawyer?

On top of that, if the father had been an American citizen and gainfully employed -- well, you have heard of 'child support' and 'repayment of governmrnt benefits'? In Tennessee, that AMERICAN father would have -- not only from the State but the Feds as well.

Yep, things sure do get 'strange' when judges, lawyers and politicians decide to 'fix' something.

Best interests of the child
What's missing from Burt's column, and BrianR's response, is whether the court considered the best interest of the child.

Burt compares this case to the court-ordered re-unification of children with their crack-whore mothers, but the there is no indication here of what the Hes are like, other than that they are here illegally and thus should be deported (are the Hes trying to get their daughter back so they will have an "anchor baby, and thus avoid deportation?).

Foster parents are literally paid to take care of children who are not their own, so the Bakers have no real claim here. But two questions concern me. The Bakers were paid by the government to raise the Hes' child. Shouldn't the Hes have to reimburse the government if they want their child back (they apparently have enough money for a lawyer)? And, finally, what is best for the child?

Splitting legal hairs?
I think not. Those who want to dismiss the distinct legal difference between "foster" and "adoptive" must all be supporters of amnesty, I would have to assume.

After all, you're saying that a clearly defined legal distinction is meaningless if it means this poor kid is "taken away" from those she wrongfully considers her family and is returned to her birth parents. The same argument, essentially, that is made by amnestists when saying how wrong it would be to force illegal aliens who have been here for years to return to their native countries.

It sounds to me like people are trying to have it both ways. A little intellectual consistency would be nice.

Best interest of the child, wiseone?
Then your default position would have to be that the concept of "anchor babies" should be valid simply on the basis of compassion, because deporting ANY families with them would by your definition be incompassionate.

Is that your position?

It's sure not mine.

The "best interest" of any child
currently living in any Third World country would be best served by raising that child in the US.

Should we throw open the gates?

Hilton and Ginsberg and Grumpy

Burt, When I saw your headline, I thought it was based on the most important news on TV at the moment, I knew you were going to talk about Paris Hilton, and sure enough she got mentioned! And you said you would phone in some pardons, and maybe Paris is going to phone in her appearance before the judge.

Then on the first page of your column was a photo of Supreme Court Justice Ruth Bader Ginsburg and something about her delivering a speech. My first though was, “Get rid of her,” and in the comment post, that’s what you wanted to do, so we are on the same page today.

But Grumpy says that Social Security payments should go into a trust fund, not the general fund, and I have always wondered what that means. I would expect that means it is spent now for the over bloated budget, then returned to Social Security, some years from now, from either the general fund or a trust fund. Politicians talk about putting the money in a “lock box” and that would mean stacking those billions of dollar bills in a bin somewhere, and what would be the value of that?

Sounds like all the gold at Fort Knox. I’ve always wondered (since I was stationed at Ft. Knox 60 years ago) what is the value of storing all that metal in a strong box. They talk about the value of Gold, but what could be more worthless than a bunch of metal sitting in a box. Why not replace the Gold with the same amount of Tin, and distribute the Gold among the citizens — no Illegals.



Judgment Day?
Well, Burt, you certainly started a discussion. I agree with other posters that there's a difference between a 'foster parent' and an 'adoptive parent', but in this case---as in most cases---the rights and needs of the child should be paramount. Many Courts allow a separate lawyer to represent the child, but it's rare that the representation amounts to anything. And the 'best needs of the child' is too often left up to a judge with personal bias and problems of his/her own.

But in general, I agree. I went through a divorce that was never adjudicated by a fair and balanced judge at any step. Some were simply biased towards the mother. Most just assumed I was lying about everything---since I was a man. Another disliked me at first sight because I wasn't tall enough for him. This and any other 'biases' of a judge is undefendable. These people are supposed to be fair, influenced by facts, and in accordance with governing law. They rarely are.

Being a judge these days gives too many people an opportunity to flaunt their power with social rulings not backed by law or common sense---judicial legislation as it were.

Perhaps we should follow Shakespeare's advice and 'kill all the lawyers.' That would include a sufficient number of judges to make a difference. Right?

And BrianR, please don't get ridiculous. We aren't talking about other Countries, only our own.

Some Other Ideas, Burt
Very funny Dave, but I'm not sure if I would have wasted the effort to "re-educate" the judges. Personally, given the effects of their disasterous decisions on society, rounding them up and putting a bullet in the head of each one would be more cost effective, justice to the victims of their decisions and set an example to all future jurists who would take their oath of office in vain.

However, we live in the real world, that means impeaching corrupt judges and appointing those who actually abide by the Constitution instead of making up nonsense as they go along.

My first action as dictator would be to enact the 3 strikes you're out rule on judges. If a judge has been over ruled 3 or more times, that means they have a defective decision making capability which is wasting everyone's time and effort. (You hear that 9th Circuit Court?)

Second act as dictator would be to impliment the strikes rule on Family Law Judges. Upon the third or more child abuser they choose for custody, they must be dismissed and disbarred. Half of the abusers who hurt 200,000 kids a year are hand picked by the Family Law Judge. Who needs their lousy decision making abilities?

Third, as Burt illuded to, build a fence the entire length of the Mexican border, it would be the best $6 billion or so that the government ever spent.

Lastly, enforce the Law. The Rule of Law means nothing in the hands of feckless officials who selectively enforce the Law, that's called tyranny.

Definitely do something to the judges
If you stop and think about all the stupid law suits that go forward, not to mention all the regular criminals released and all the criminal aliens released and told to come back in 90 days to be deported (and never show up) you will come to the conclusion that there is something that happens to a normal person when they get a black robe.

How may laws have been created by activist judges legislating from the bench? You know, people who weren't elected to legislate but gave themselves the powere to do so.

Sorry, Mccoy,
there's nothing "ridiculous" about the points I raised. You just don't want to hear it.

You're willing to ignore the law in this case because it's been portrayed in a way to engage your emotions.

That's exactly what the proponents of amnesty do.

Dave Stone


"the right of the people to bear arms shall not be infringed"

First thing, your so-called quote of the second is not accurate. But for many years now there has been a conspiracy between the ACLU and the NRA. One will be permitted to mis-quote the FIRST, and the other will be permitted to mis-quote the SECOND.

I was once talking to a well educated gentleman who was expressing some concern about an article in the news about gun owners. I said, “Your library must have a copy of the Constitution, please read the SECOND as if you are an English language professor, not a gun owner.”

He did, and when complete, he was shocked. You must take into consideration not only the words and their definitions, but punctuation and sentence structure rules.

There’s not room here to go into those details, but a second thing I have found to be fun, is to see the look on the face of a gun owner who brags that he is a member of the militia, so can own a gun, after I ask him to see the effect of the other 6 or 8 mentions of that exact same word — militia — in that very same Constitution.

That does take a while to discuss in detail.

splittin' hairs
Those on here splitting hairs on adoption vs. foster forgot a couple of things. Stability. Those foster parents gave her stability. Furthermore adoption would not have saved that child as evidenced by the other adoptive parents pointed out in the column. We need a law that protects adoptive parents. NO ONE should be able to come back later and say "Oops!" It is going to get to the point where no one will bother adopting at all. My next question where is the restitution for all the time, money and general support spent on these children only to have them yanked away? These are issues that need to be addressed especially if we ever expect to do away with abortion.

Missing the Point
Those who are quibbling about the adoptive status of the child are missing the point. in a case like this, we have to look at what's in the best interest of the child.

Should the child be allowed to stay in the only family she knows? Or should she be sent to live with felons -- remember these people are felons. These matters are decided in equity -- doing what's right is supposed to matter.

So I ask the simple question that the judges should have asked in the first place: Is it right to turn a child over to a couple of felons?

Jim, you're wrong. Here's why
Here's the extant legal definition of the Militia:

"Title 10 USC, sec 311

"Section 311. Militia: composition and classes

"(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.
"(b) The classes of the militia are -
"(1) the organized militia, which consists of the National Guard
and the Naval Militia; and
"(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia."


So, as you can see, all citizens and/or legal residents of the US who are not felons are members of the militia in one form or another.




Lolo: Well, if you consider
following the law "splitting hairs", then I guess you're right.


BrianR
The law states "in the best interest of the child".

Just my opinion

Is there a lawyer on this thread?

I read that there was a custody trial on May 12, 2004, and a Memphis, TN Court judge terminated the He's parental rights. Full custody was awarded to Jerry and Louise Baker. The He's appealed the hearing and in November 2005, the courts upheld the decision to terminate their parental rights.

More:
http://www.tsc.state.tn.us/OPINIONS/tca/PDF/054/BakerJerryLDIS.pdf
http://www.tsc.state.tn.us/OPINIONS/TCA/PDF/054/BakerJerryLOPN.pdf
http://www.tsc.state.tn.us/OPINIONS/TCA/PDF/054/BakerJerryLDIS.pdf
http://www.tsc.state.tn.us/OPINIONS/TSC/sc1qtr2007.htm#He
http://www.tsc.state.tn.us/OPINIONS/TSC/PDF/071/AMHOPN.pdf

It was the Baker's word against the He's word. The state Supreme Court ruled in favor of the biological parents; Anna Mae is the loser because she is being taken away from her *real* parents, the Bakers. Just my opinion.

BrianR writes:
Jim, you're wrong. Here's why … … … etc.

So, as you can see, all citizens and/or legal residents of the US who are not felons are members of the militia in one form or another.
===========

Well, I don ‘t see what I said that was wrong, I said nothing that you then corrected, so what are you talking about.

I was talking about the twelve places in the Actual for Real Constitution of these United States where the word MILITIA is mentioned.

Somehow, as usual, this is getting far afield from what Dear Friend Burt was talking about some hours ago.

Socialst Street Urchin Judges!
Of all those who commented on Burt's column, it would appear it's Shempy Larue who has the deepest understanding of this issue, and who also fully grasps what the author is saying here. Predictably enough, those lefties out there who confuse the legal with the moral (and their ranks are swelling), and who can't in the present instance stop yapping about foster child and adoptive status, strain at a gnat and swallow a camel. It's almost their specialty.

One also notes that it is overwhelmingly leftists who are fixated on "blood ties," especially when it's another race pitted against whites. On the other hand, if you reversed this situation, then these same judges would likely focus on the "fairness" and common sense aspects of the case. See how this works, boys and girls?

In any case, we also note that these same socialist sticklers for the letter of the law, no matter how unjust a situation it creats, selectively apply this type of narrow judicial analysis mostly when it's American citizens getting screwed to a post.

Not unsurprisingly they are the very same ones who sh** on these same laws when it serves their purposes, namely in the areas of immigration, gun control and the death penalty. Nosirree, then we hear absolutely NO talk about existing law when these matters are discussed. As a matter fact, they then jump the fence and lecture the rest of us on "equity," compassion, justice and all the rest. Yeppers, then the "law" is merely a small item to be circumvented or ignored as the need arises.

Hell, I would venture to say that every leftist that applauds this decision on the grounds that judges must observe "THE LAW," are the very same ones who are now suggesting that we legalize 12 million illegal alien law breakers because it's the "right" thing to do. Yep. in this case, SCREW the law. Same with the Second Amendment - SCREW the law.

As usual, right and wrong to this crowd are totally dependent on what THEY want at any given time. You name the situation, and they can work it from any angle as accords with the results they want to produce.

Inappropriate header
Whatever the content of the column is makes no difference to the title of the column.

Inappropriate at best.

More to the point.

If you don't like the rulings have the laws changed.

As many on this site will constantly belch out, we don't need activist judges interpreting the law in opposition to the way that it was written.

I notice that these are cases going to the Supreme Courts of their respective states. ie. the cases have been appealed and the rulings have remained the same.

I find it fascinating how people view the judges as the problem when rulings don't go along with their sense of justice.

Jim, okay
You want to quibble over the word "militia", and I gave you the legal definition of the term, which definition you now say is irrelevant.

Ye-e-e-e-a-a-ahhh, ooooookay.

Fun talkin' with ya.

Lolo: The law also
defines the boundaries of "foster" and "adoptive", as well as "natural" parents.

You want courts saying that the "best interests of the child" would be placing it with total strangers? Because that's where your logic leads.

The law defines these relationships for a reason. You don't like the law, change it.



Best Interest of the Child
I think that phrase is a very subjective thing and being subjective requires a judge to take an active role in determining the facts and following up to confirm those facts. Being familiar with the custody process, I have yet to see a judge actually show any real interest or make the effort to discover the facts. I find most of these judges to be lazy and indifferent depending solely on the so called officers of the Court, i.e. the lawyers, whose credibility and integrity most of us would consider less than a used car salesman. These are the people who are making life altering permanent changes in a person's living situation.

To illustrate my point on judges, why they should generally deserve our critical eye and certainly should not automatically be accorded the respect they demand, one would expect they would periodically review their own decisions. Typically none of the judges who make custody decisions and that includes default custody decisions where they award child support to the petitioner make no effort to check on the welfare of the child (before, during or after). They don't and there is a reason for that. If you review the stats on custody awards you will find that 90% go to females. Tell me, would you believe a judge is unbiased without an agenda if said judge made their decisions 90% of the time for one party of specific genetic characteristic? Let me put this in another way, what would you think if I could guess your decision with 90% accuracy by looking at only one factor? How is that in the best interest of children?

To put this in a nutshell, the Court, namely the Judge believes the best interest of the child is served by the crumbs that fall from the custodian's table.

Hack Judges
MJEC, wonderful post. As you point out, the prime controlling consideration in these cases, as determined by case law in most states, is that of the child's best interest. Nothing, and I do mean nothing, in the law states that biology and blood ties should even be considered, much less determinative in these custody battles.

Reading these goofy and unfocused comments on Burt's column, one can only conclude that most people are utterly unable to read for comprehension. It is precisely this wide discretion given to a judge in these matters which highlights the profound injustice which took place here - and that was exactly the point Burt was trying to make. It need not have happened, period!

Instead of ruling in the best interests of the child, this judge was clearly motivated solely by considerations of biology, which not only marks him as a kneejerk leftist but an imbecile as well.

As I stated above, had this situation been turned around, and the biological parents been both white, you can bet your sweet *ss this judge would have all of a sudden tacked left and issued some grand prounoucement about the "best interests of the child!" These political hack judges are masters of using and twisting the law
to achieve whatever comports with their politics or social views, period.



BrianR
It is not my position that the parents of anchor babies should be allowed to stay.

It is my position that illegals should not be rewarded for violating our laws and should all be deported until they can apply for and receive legal entry.

If a pair of illegals procreate an "anchor baby" they should be judged and punished even more harshly than other illegals because they have taken their law-breaking to another level by hiding it behind human nature's compassion for the innocent child.

If it were up to me illegals who have "anchor babies" would be deported. If they choose not to take their child with them their child becomes a ward of the state.

This case is the perfect example of my proposed policy. A pair that is here illegally and has given birth to an "anchor baby". The Hes should be deported. And if the court considers the best interest of the child, it will almost surely agree with your post of 11:12; that the child's interest is best served by allowing the Bakers to adopt her and keep her.

But I still would like to know if the court actually did consider what was best for the child, or if they have followed the lberal pattern of catering to the selfishness of parents.

And if the Hes never reimbursed the state for the money paid to the Bakers, then you can add that cost to the entitlement expense that taxpayers get stuck for when illegals scoff at our laws.

Wiseone. I agree in a sense
Give the kid to the illegals, then kick the whole batch of them out of the country.

BTW, I never wrote "that the child's interest is best served by allowing the Bakers to adopt her and keep her." Nu uh. That would be closing the barn door after the horse is gone. They should have adopted her earlier. You don't get to stand in front of a judge and say "I'll give the money back if you don't convict me of robbery".




If I was a dictator
If I was a dictator
La, la, la, la, la, la la
...

Try Thinking Clearly Fer Chrissakes!
Brian, what am I missing here? Since when is an error in judgement, or a mistake, or just plain carelessness the controlling factor in how cases are decided in our courts? It would appear you're placing entirely too much emphasis on what the Bakers did or did not do.

Even conceding they were remiss in not having adopted the child, how does that bear on how the case is ultimately decided if we adhere to the "best interest of the child" legal framework? Effectively, you would be saying that the child must therefore bear the brunt of the Baker's negligence, notwithstanding that the welfare of the child would be far better served if the child were to remain in their custody. What the Baker's failed to do is a non-issue in this custody battle in that the courts are not legally bound by by virtue of that oversight to rule against them.

It would be as if a court tossed out burglary charges on the basis that a homeowner left their window open. One has nothing to do with the other.






The Wall
That wall would be waaaay to expensive, all you would need is a double line chain link fence fifty feet apart. In the ground between the fences land mines at random depths. A lot of innocent lives lost you say? Non-sense, first if you are in the mine field you are not innocent, second only one or two would need to step on a mine to set the example for the rest.

"JailUrchins"
There aren't do-overs in life. It's that simple.

It's not simply a round of golf where you get a Mulligan. You make decisions, and live by the consequences thereof.

What the Bakers did or did not do is EXACTLY the crux of the issue.

Why This Case?
Thousands of children are denied a continuing relationships with their Dads every year in this country. Little is said...not here, nor many other places for that matter. I am a conservative like most others here, but I am ashamed of the silence of so many conservatives on this issue.

How is this little girl any different than a child being raised by two fit parents who in an instant loses one of those parents when a judge removes custody for no other reason than he/she can? These poor children feel the same pain as the Baker's child, and these unfortunate souls are too numerous to count.

I feel badly for the Bakers and their child, but their situation is an unusual occurence and not a systematic problem like we have in family courts around the country. When conservatives start worrying about ALL children who are ripped from the care of a parent, then maybe I'll start believing that conservatives give a rat's behind.

Braindead Brian
Sorry, Brian, that you utterly lack the ability to think conceptually, or to sort out competing interests. Not getting a "mulligan" for a error in judgment makes sense only in context, which is to say some errors in judgment are far more serious than others.

Beyond this, the unstated premise in your goofy, sophormoric analysis here is that their failure to adopt ipso facto strips them of any legal rights or equal protection of the law. Following your novel legal theory, and equally absurd logic, no one can ever prevail in any civil suit or tort liabilty case if they have made an error in judgment along the way.

Taken as a given that we all err, plaintiff and defendant, the state and defendant, the courts rely on equity in the law and a preponderance of evidence. It's called judicial discretion, Brian, the idea being that NO law can possibly cover all circumstances and conditions. IT'S WHY WE HAVE JUDGES, YOU IDIOT!

I have served on many juries, and invariably there was always one braindead moron like you on the jury who everyone else wanted to shoot - right there in the jury room. And not unsurprisingly, they were always the ones who thought they were brighter than all the rest. In reality, they were dumb as a freakin' box of rocks.

SimJim - Another Idiot
SimJim writes:

"When conservatives start worrying about ALL children who are ripped from the care of a parent, then maybe I'll start believing that conservatives give a rat's behind."

Sir Lefty, do any of you socialist street urchins trolling these conservative forums ever examine what you say in here? Do you ever run this crap through a neutral hypocrisy sifter? What utter drivel.

One also hears this same strain of illogical horsepuckey when it comes to abortion. That is to say, among the baby killers we hear the common refrain, "Unless you are prepared to adopt these "unwanted" babies, then shut up!" Rank stupidity like this now passes for witty repartee amongst these ill-tutored leftists. Yeppers, our tax dollars at work in our public schols.

Employing this same line of "reasoning," then it would also follow that one cannot in good conscience favor the death penalty unless one is prepared to personally support the families of those executed. Similarly, one could not favor long jail sentences for child abusers unless he/she is prepared to personally feed and clothe, in perpetuity, the families of those beasts so convicted and sent to jail.

Liberals never think out their positions on anything. It's enough that they FEEL them.


a growing consensus
Although Burt's piece focuses on the insanity of the judges his fantasy about being a dictator reflects a growing belief in this country that our government is broken. A belief that it is rotten to the core with corruption and idiocy, and above all has become an illegitimate, treasonous machine.We all know instinctively that it needs to be replaced with a strong handed leadership that will put an end to the people and forces threatening our survival.The judiciary has been used by the left to destroy this country's institutions. Now that this country has been so softened by this insanity that pervades the schools and the media, the left is attempting to accomplish the coup de grace with the Amnesty bill.

I for one have NO belief in the government anymore. It is filled with betrayers who are chomping at the bit to sell us all out and finish this county off once and for all. I pray that the men in the military won't let this happen. The Amnesty bill is TREASON, the military should march into washington and arrest and execute those who are attempting to perpetrate this betrayal. They will not cease their attempts otherwise, they have contempt for us and the rule of law. They wish to reward those who brake the law at the expense of those of us who live by it. This cannot stand. An army that permits this is not worthy of respect. It is not made of men, it is made of cowards and limp wristed layabouts who will deserve to have their birthright stolen from them by the incoming hordes that despise them.

JailUrchins
Yes, I'm swayed by the logic and powers of your intellect, as typified by the use of ad hominem attacks, always a sure signn that the user is intellectually bereft, and has no rational argument upon which to depend.

And you're right, I'm sure, that no judge in his right mind would possibly feel constrained by such a silly thing as the law itself, when he can certainly exercise his all-seeing and omnipotent "judicial discretion", otherwise known as "judicial activism".

That was simply great. Please continue.

What a Maroon!
Brian, for the effin' umpteenth time, where in the law, either in this case or any other similar cases involving child custody, does it expressly state that biology should be an overarching consideration in the determination of custody? No, the laws as they exist in most states focus on the welfare of the child, period. You mention THE LAW but fail to tell the rest of us just what that LAW is and how it applies in either this case, or in custody cases in general.

More to the point, Brian, where in THE LAW does it state that the custodial parents' failure to adopt effectively negaate all principles of equity in the law, of fundamental fairness? This is what you are saying here, Brian, and by being this foolish in your analysis you are effectively saying that judges have absolutely no discretion in these cases.

I can guarantee you that you lefties unfailingly bring up the matter of judicial discretion when it comes to decision YOU happen not to like.

As for ad hominem attacks, you socialist street urchins designed and perfected the game, sir.

JailTheSocialist
Abortion is abhorrent for any reason other than to save the life of a Mother. If government was limited to infrastructure and defense, no one would be happier than me. Describing me as a "lefty" is absurd and so is your disjointed and ill-conceived rant.

My point was, and remains, that conservatives fail miserably when it comes to understanding the importance of Fatherhood. Leftist feminists have taken over the family court system, and conservatives sit idly by as child after child is denied a continuing relationship with their Fathers at the whim of a Mother abetted by a judge.

Although I am very conservative in most areas, and fully recognizing that conservative philosophy is far superior to liberal lunacy, I would be remiss if I ignored conservatives' failure to defend the child/Father relationship. It is an area of our society that conservatives have conceded to feminist liberals, and children suffer because we ignore their plight.

Mr. Prelutsky is among my favorite Townhall columnists, but his decision to focus on this one isolated incident of a child being harmed by our judicial system is inane in light of the tragedies that occur everyday in family courts throughout the country. You are exactly the kind of head in the sand conservative I am addressing with my comments. I stick by my original point. You've added nothing of value.

JailUrchin
Great stuff!

I love watching people who have no clue what they're talking about get all red in the face!

As to your questions about what I said on the law on this issue, read what's already been written. I'm not wasting my time re-educating you.

As to your statement "As for ad hominem attacks, you socialist street urchins designed and perfected the game, sir." I invite you to find a quote of mine doing what you've accused me of.

Or are you making another unfounded and general statement?


I Hear You On Fathers Being Screwed
To SimJim -

It's a given that tragedy abounds in the world, both of a personal nature and those visited by governments. That some are greater than others is also a given. We were, however, discussing Burt Prelutsky's column, and under the circumstances must confine ourselve to the specific subject and the parameters of the arguments made therein. That our courts are totally f****d up is a given.

In any case, to argue that this or that case has no merit is to argue the law; to argue that society is totally screwed up is to argue revolution. For my part, I give this country 25 years at most and the gutters will be flowing with blood and body parts.



DUH!
F*** off, Brian. You are dumb as a dried mud puddle baking in the Mojave desert. In other words, you are a braindead socialist street urchin.

The Writer's Last Word for the Day
It never fails to amaze me when some readers respond to my essays as if I were always to be taken literally. I am not Pat Buchanan. I do occasionally leaven my work with humor. Must I start inserting those little smiley faces?

To read that I am not really a conservative because I envision myself as America's dictator makes me worry about some of you. To read that I overlooked the problem that domestic court judges often mistreat biological fathers by focusing on this one particular case makes as much sense as condemning me because I didn't write about Bush's meeting with Putin.

Reading the exchange about gun ownership really had me scratching my head. I suppose, this being a free country, you are all free to write about whatever you wish, no matter how distant from the matter at hand. But, I must confess, it does make me want to be dictator. Kidding, I'm just kidding.

Sincerely, Burt Prelutsky

JailUrchins: There ya go!
Great post! You've outdone yourself! Very persuasive!

BTW, JailUrchin
That's the first time I've ever been called "socialist".

Usually, it's something more akin to right-wing absolutist.

So, one point for originality.

Not a citizen!
It is a serious misreading of the Constitution to say that anyone born here is a citizen.

-----------------------------

The principle behind birthright is the same as it was before and after the adoption of the 14th amendment: Only a citizen can make a citizen through the process of childbirth. Any other avenue to citizenship requires an act of naturalization under naturalization laws or perhaps, by treaty. President Lincoln's Attorney General, Edward Bates, wrote a opinion dated November 29, 1862 that stated: "The Constitution itself does not make the citizens, it is, in fact, made by them."

We are fortuante to have the highest possible authority on record to answer this question of how the term "jurisdiction" was to be interpreted and applied, the author of the Citizenship Clause, Sen. Jacob M. Howard (MI) to tell us exactly what it means and its intended scope as he introduced it to the United States Senate in 1866:

Mr. HOWARD: I now move to take up House joint resolution No. 127.

The motion was agreed to; and the Senate, as in Committee of the Whole, resumed the consideration of the joint resolution (H.R. No. 127) proposing an amendment to the Constitution of the United States.

The first amendment is to section one, declaring that all "persons born in the United States and Subject to the jurisdiction thereof, are citizens of the United States and of the States wherein they reside. I do not propose to say anything on that subject except that the question of citizenship has been fully discussed in this body as not to need any further elucidation, in my opinion. This amendment which I have offered is simply declaratory of what I regard as the law of the land already, that every person born within the limits of the United States, and subject to their jurisdiction, is by virtue of natural law and national law a citizen of the United States. This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States, but will include every other class of persons. It settles the great question of citizenship and removes all doubt as to what persons are or are not citizens of the United States. This has long been a great desideratum in the jurisprudence and legislation of this country.[1]

From http://www.idexer.com/citizenship.htm

------------------------------

Like he said - kill all the judges.

Commonlaw Marriage...
The first couple of posters brought up the fact that the little girl was being fostered by these people for 8 years. In most places if an unwed couple have lived together for more than 7 years they are considered to be married under the law based on Commonlaw Marriage.
I would think that this type of idea could work for adoption also. If a child has been fostered by someone for 7 years, that child should be considered adopted under the law based on Commonlaw adoption.

Overlooking
I did not attack your column Mr. Prelutsky. I merely used it as an example of my fellow conservatives' tendency to ignore the problems of family courts. While the Baker case is a travesty, it is no more tragic than what happens to children every single day across the country. Your article highlights one specific case and offers one child your empathy while thousands of other kids suffer the exact same pain and misery every single day. I think it is critically important to call conservatives' attention to the realities of far too many children.

To narrowly focus on this unique case, when the destruction of the parent/child relationship is commonplace, is case in point of conservatives' willingness to remain silent about the swath of devastation caused by feminist dominated family law in this country. I'm sorry if you and others don't like my message being attached to your article, but the issue is real and the results have been harming our society for decades.

I'd like to see the same type of passion brought to the issue of family law that we bring to abortion, religion, academia, spending, illegal aliens and numerous other worthwhile conservative cornerstones. I am in agreement on most conservative positions. I implore conservatives to speak up about this issue and not limit their observations and public outrage to one poor child. I ask you and other conservative communicators to be honest about the thousands of children denied their parents.

Off Target?
BrianR, obviously you don't understand my comment. It refers directly to your post about other children in the World and their best interests. I never mentioned any other of your 'points' because I didn't read them---I only briefly scanned them. Like so many others, you often get carried away with your infighting and chat room mentality---which gets far afield from the essay.

Stay on point, comment, and leave the back-and-forth efforts to a discussion forum. I read TH for the essays and on-target comments, not for arguments with the loonies. Try ignoring them, and maybe they'll go away. And, if you're going to criticize anything I write, at least be accurate.

BrianR
In your post to me earlier you spoke about putting the child with total strangers. For one the biological parents were total strangers. Two, we put children with total strangers all of the time or the foster system would not exist. You contradicted yourself. You don't like the total stranger aspect yet you advocate for total strangers.

Please change the title
I just went after Bob Cesca for using violent rhetoric. While his was certainly far worse, none of it is acceptable. Especially in the Christian world.

Collin
http://evangelicalinteraction.blogspot.com

First, Kill All The Judges by
In cases of custody, unfortunately, children as a rule don't have any say. I think the illegals know our laws as well or better than we do. If they don't, we have lawyers who will enlighten them and judges who will rule for them. Who is to say that the foster parents didn't try to adopt but couldn't get consent from the biological parents. I believe there's been cases where judges have ruled that children be taken from their adoptive parents also so maybe this is a moot point. The illegals are smart enough to know that the child is their ace in the hole, especially since the immigration is a hot issue right now. What better way to work the system than have someone else take the responsibility of caring for your child until you need it to secure you a home here. Frankly, if the judge can rule as to the custody of the child, he should go one step further and rule the parents be deported. To avoid their using their child as a pawn, give them the option of leaving her here with the foster parents or taking her back to their own country. Having a child born in this country shouldn't give them a "one up" on staying here. I think Burt's column is a good read.

What About the Fairer Sex?
Burt is rapidly becoming my Super-Duper Main Man. Keep it up Burt (whatever "it" is).

But what about the group we used to call, in the pre-Hillary days, "the fairer sex?" Well . . .

Today, on my blog (click on above) I'm going to launch a week-long (!) discussion of Sarah Palin for vice-president of the United States (and down the road, perhaps as the first female President of our wonderful country). This young woman, the wildly popular governor of Alaska and an important social conservative, is someone people on TH need to know about. My material on her is beginning to show up this morning -- and will continue for the rest of the week. It should be very interesting to readers, and it will include material from several other frequent visitors to my site. Enjoy! (Any material that appears on this site will be offered to the Anchorage Daily News and other media outlets in Alaska and elsewhere.) Please join this grassroots efforts to revitalize and strengthen the Republican Party.

steve


simjim comments
I agree with your general sentiment on the seeming failure of Conservatives as a group to rebuff the Family Law Court system in all of its disgusting practices. But that was not the focus of this particular thread.

Now that you raised the issue, I will say that I find there is a conflict within Conservatives as a group, not over speaking up per se but more of consistency in that overall we as a group believe in the Rule of Law. The problem for us is when we criticize the Family court this goes against our general inclination to support the Rule of Law. We tend to see the Rule of Law and the Courts as indestinquishable. It's as though critcizm of the court is viewed as advocating anarchy.

I have been speaking out for a long time about the misconduct of the Family Law Court Judges, don't loose heart, people are listening. http://www.geocities.com/fightbigotry2002

Mr. Prelutsky, if you become dictator...
...I hope you would take the time to read the full facts of the Anna Mae He case.

1) Her parents were NOT illegal aliens at the time that the baby were born. They entered the country on legal F-1 and F-2 student (and dependent) visas. Mr. Jack He was completing his Ph.D. and was teaching at the University of Memphis.

2) Mr. He was falsely accused of sexual misconduct by a Chinese student who was angry that he refused to loan her $500. (He was later found innocent in a court of law). Before conducting an investigation, and without the proper due process, the university fired Jack the day after the woman lodged a verbal complaint. This resulted in him losing his scholarship, his income, and his health insurance. By this time his wife was about 7 months pregnant, and they had suddenly been reduced to poverty. They had no family in the country, and they couldn't just go out and get another job because that isn't permitted with a student visa.

3) The baby was born prematurely and was in NICU for a couple weeks, resulting in a $12,000 hospital bill. The He family had no way to pay this bill and no way to pay for future medical care. They went down to apply for public assistance, and were told the best plan would be to place the baby into temporary care (where the baby would be covered by medical insurance) for several months until they could sort out their legal and financial problems.

4) The He family did NOT wait 8 years to ask for their baby back. They contacted the Juvenile Court when the baby was just months old, saying they wanted her back, and when the baby was less than 1 year old, they filed to get her back, stating they wanted to take her back to China with them. The court refused to give the baby back to the Hes because their financial situation was still dire.

5) The Hes NEVER used Anna Mae He as an "anchor" baby. For one thing, having a child that is a U.S. citizen does not prevent you from being deported. That's just a myth. Secondly, they stated on their filing to get the baby back that they wanted to return to China WITH her. Thirdly, they have had 2 other children, so they don't NEED an anchor baby, even if there were such a thing.

This family have received a travesty of justice by the court system for the past 8 years that they've been trying to get their child back.
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