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California Pensions Of State Workers Could Be In Trouble After Court Ruling

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(Via Zerohedge)

For decades now public pensions have been guided by one universal rule which stipulates that current public employees can not be ‘financially injured’ by having their future benefits reduced. On the other hand, that ‘universal rule’ also necessarily stipulates that taxpayers can be absolutely steamrolled by whatever tax hikes are necessary to
fulfill the bloated pension benefits that unions promise themselves.

Alas, that one ‘universal rule’ may finally be at risk as the California Supreme Court is currently considering a case which could determine whether taxpayers have an unlimited obligation to simply fork over whatever pension benefits are demanded of them or whether there is some “reasonableness” test that must be applied. Here’s more from VC Star:

At issue is the “California Rule,” which dates to court rulings beginning in 1947. It says workers enter a contract with their employer on their first day of work, entitling them to retirement benefits that can never be diminished unless replaced with similar benefits.

It’s widely accepted that retirement benefits linked to work already performed cannot be touched. But the California Rule is controversial because it prohibits even prospective changes for work the employee has not yet done.

The ballooning expenses are an issue that Gov. Jerry Brown will face in his final year in office despite his earlier efforts to reform the state’s pension systems and pay down massive unfunded liabilities.

His office has taken the unusual step of arguing one case itself, pushing aside Attorney General Xavier Becerra and making a forceful pitch for the Legislature’s right to limit benefits.

“Lots of people in the pension community are paying attention to these cases and are really interested in what the California Supreme Court is going to do here,” said Amy Monahan, a University of Minnesota professor who studies pension law.

“For years, self-interested parties, overly generous promises whose true costs were often shrouded by flawed actuarial analyses, and failures of public leadership had caused unsustainable public pension liabilities,” his office wrote. A ruling is expected before Brown leaves office in January 2019.

Meanwhile, it’s not just California taxpayers that have an interest in the Supreme Court’s decision as twelve other states also observe a variation of the ‘California Rule’, said Greg Mennis, director of the Public Sector Retirement Systems project at Pew Charitable Trusts. One of them, Colorado, has walked it back a bit, he said, requiring “clear and unmistakable intent to form a contract before pensions will be contractually protected.”

While a change to California’s interpretation of its rule would not automatically change legal precedents in other states, it could provide the catalyst for lawmakers to test changes that they previously considered unfeasible.

As we pointed out earlier this year, the case currently before the Supreme Court comes after a lower court ruled that “while a public employee does have a ‘vested right’ to a pension, that right is only to a ‘reasonable’ pension — not an immutable entitlement to the most optimal formula of calculating the pension.” Here’s more from the Los Angeles Times:

The ruling stemmed from a pension reform law passed in 2012 by state legislators. The law cut pensions and raised retirement ages for new employees and banned “pension spiking” for existing workers.

Pension spiking has allowed some workers to get larger pensions by inflating their pay during the period in which retirement is based — usually at the end of their careers.

In a ruling written by Justice James A. Richman, appointed by former Gov. Arnold Schwarzenegger, the appeals court said the Legislature can alter pension formulas for active employees and reduce their anticipated retirement benefits.

“While a public employee does have a ‘vested right’ to a pension, that right is only to a ‘reasonable’ pension — not an immutable entitlement to the most optimal formula of calculating the pension,” wrote Richman, joined by Justices J. Anthony Kline and Marla J. Miller, both Gov. Jerry Brown appointees.

Of course, ‘reasonable’ can be a tricky term to define and for most union bosses it is synonymous with ‘MOAR’….the only question is does the California Supreme Court agree?

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Politics

The Clash of Titans: X’s Shutdown in Brazil

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In an unprecedented move, Brazil’s Supreme Court has ordered the nationwide suspension of X, the social media platform formerly known as Twitter, marking a significant escalation in the ongoing feud between the platform’s owner, Elon Musk, and Brazilian authorities. This decision stems from Musk’s refusal to comply with court orders to appoint a legal representative in Brazil and to suspend certain accounts accused of spreading misinformation and hate speech.

The tension reached a boiling point when Justice Alexandre de Moraes gave X a 24-hour ultimatum to name a representative or face a complete operational shutdown in Brazil. Musk’s response was to close X’s office in Brazil, citing threats of arrest against his staff for non-compliance with what he described as “secret censoring orders.” This move has left millions of Brazilian users in the dark, with the platform going offline across the nation.

The implications of this standoff are manifold. Firstly, it pits the concept of free speech, as championed by Musk, against Brazil’s judicial efforts to curb what it sees as the spread of dangerous misinformation. Critics argue that this is a test case for how far nations can go in regulating global digital platforms. Secondly, the economic impact on X cannot be understated, with Brazil being one of its significant markets.

The situation has also sparked a debate on digital sovereignty versus global internet freedom. While some see Justice de Moraes’s actions as necessary to protect Brazilian democracy, others view it as an overreach, potentially stifling free expression. As X users in Brazil scramble to find alternatives or use VPNs to bypass the ban, the world watches closely to see if this could set a precedent for other nations grappling with similar issues.

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Crime

President Trump: Military Tribunals For Traitors

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In an era where national security is paramount, the discussion around military tribunals has resurfaced, not as a relic of past conflicts, but as a necessary tool for contemporary justice. The advocacy for military tribunals, especially in the context of recent political and security challenges, underscores a fundamental truth: sometimes, conventional judicial systems are not equipped to handle threats that undermine the very fabric of national security.

The case for military tribunals hinges on several key arguments. Traditional courts, bound by extensive legal procedures, can often delay justice, particularly in cases involving national security. Military tribunals, by design, expedite the process, ensuring that threats are neutralized swiftly, which is crucial in preventing further harm or espionage. Military law, with its focus on discipline, order, and security, provides a framework uniquely suited for cases where the accused are involved in acts against the state or military. This specialization ensures that the complexities of military strategy, intelligence, and security are not lost in translation to civilian courts.

From the Civil War to World War II, military tribunals have been utilized when the nation’s security was at stake. These precedents show that in times of war or national emergency, such tribunals are not only justified but necessary for maintaining order and security. Contrary to common misconceptions, military tribunals can be transparent and accountable, especially when conducted under the scrutiny of both military and civilian oversight. The structure ensures that while justice is swift, it is also fair, adhering to the principles of law that respect due process.

Addressing criticisms, the argument for military tribunals isn’t about subverting justice but ensuring it. Critics argue that military tribunals bypass constitutional rights, particularly the right to a jury trial. However, in scenarios where individuals are accused of acts that directly threaten national security, the argument for exceptional measures holds. The Constitution itself allows for exceptions during times of war or public danger, as seen in cases like Ex parte Quirin, where the Supreme Court upheld the use of military tribunals for unlawful combatants. Moreover, the fear of authoritarianism is mitigated by the checks and balances inherent in the U.S. system. The President, Congress, and the judiciary each play roles in ensuring that military tribunals do not overstep their bounds. The judiciary, in particular, has the power to review and intervene if rights are egregiously violated.

From a broader perspective, the call for military tribunals isn’t just about addressing immediate threats but also about sending a message. It reaffirms the nation’s commitment to protecting its sovereignty and the rule of law. By using military tribunals, the U.S. demonstrates its resolve to handle threats in a manner that conventional courts might not be designed for, thereby potentially deterring future acts against the state.

In conclusion, the advocacy for military tribunals in the current climate is not about subverting justice but about ensuring it. These tribunals represent a robust response to unique challenges that threaten national security, offering a blend of efficiency, expertise, and justice that civilian courts might not always provide. While the debate will continue, the necessity of military tribunals in certain scenarios is clear, reflecting a pragmatic approach to safeguarding the nation while upholding the principles of justice.

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Politics

Trump / Kennedy 2024 – The Golden Ticket

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In what many are calling a political phenomenon, Donald Trump and Robert F. Kennedy Jr. have forged an unexpected partnership, transcending traditional political boundaries to reshape America’s political discourse. This unique collaboration, announced amidst the fervor of the 2024 election cycle, brings together two figures from what seemed like opposite poles of the political spectrum in a bid for a unified vision for America.

Their coming together is less about the granular details of policy and more about a shared ethos of change and national rejuvenation. Trump, known for his direct approach and strong voter base, and Kennedy, recognized for his environmental advocacy and critique of corporate overreach, are crafting a narrative that seeks to move beyond partisan divides.

During a joint appearance in Arizona, the synergy between Trump and Kennedy was evident. Trump introduced Kennedy not merely as a political ally but as a co-architect in this new chapter of American politics. Their interaction was marked by a mutual endorsement of each other’s dedication to what they describe as the welfare of the nation, rather than an endorsement of specific policies.

This partnership, while only once referred to as an ethereal alliance, embodies the spirit of transcending conventional political warfare. It’s built on the premise of respect for diverse viewpoints, aiming to cultivate a political climate where constructive dialogue overshadows conflict. They focus on broad themes like individual freedoms, government transparency, and resistance against what they see as an entrenched bureaucratic elite.

Their campaign does not delve into the contentious issues that typically cause rifts. Instead, it champions a vision where the political conversation is lifted to a higher plane, emphasizing unity, shared values, and a collective push towards what they believe could be a more harmonious America.

The public narrative they present is one of an America where political discourse can be elevated, where the focus is on what unites rather than what divides. Their speeches resonate with a call for a new kind of politics, one that’s not just about winning an election but about altering how political engagement is perceived and practiced.

This surprising union strikes a chord with those disenchanted with the usual political bickering, offering a glimpse into what might be possible when leaders choose collaboration over confrontation. It’s an experiment in political unity, where the success lies not in the triumph of one ideology over another but in demonstrating that, even in a polarized society, moments of unity can emerge.

In this venture, Trump and Kennedy are not just campaigning; they are inviting the electorate to envision a political landscape where the clash of ideas can lead to a confluence of visions, aiming to lead and heal America through an unconventional yet potentially transformative partnership.

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