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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

President Trump Returns to Butler to FIGHT for America First

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Trump’s Return to Butler, PA: A Symbol of Tenacity and Defiance

Today, former President Donald Trump makes a symbolically charged return to Butler, Pennsylvania, the site where his resilience was tested in an unprecedented manner. This visit, on October 5, 2024, is not just another campaign stop but a poignant reminder of his enduring “FIGHT FIGHT FIGHT” mantra, which has become emblematic of his political persona.

A Historical Backdrop

On July 13, 2024, Butler was thrust into the national spotlight when an assassination attempt was made on Trump during a rally. Surviving with a mere graze to his ear, Trump’s immediate response was to raise his fist, a moment captured in what has now become an iconic image, symbolizing his defiance against adversity. This incident didn’t just scar him physically but also galvanized his supporters, turning Butler into a shrine of sorts for Trump’s resilience.

The Symbolism of the Return

Trump’s decision to return to Butler is laden with symbolism. Here’s why this visit resonates deeply with his campaign ethos:

  1. Defiance in the Face of Danger: Returning to the site where his life was threatened underscores Trump’s narrative of not backing down. It’s a physical manifestation of his “FIGHT FIGHT FIGHT” ethos, showcasing his refusal to be intimidated by violence or political opposition.
  2. Political Theatre and Momentum: This rally serves as a masterstroke in political theatre, aiming to convert the attempt on his life into a rallying cry for his supporters. It’s an attempt to reignite the fervor seen in the immediate aftermath of the incident, where his campaign saw a surge in support, portraying him as a fighter against all odds.
  3. Uniting the Base: By revisiting Butler, Trump not only honors the victims of the incident but also uses the location to unify his base. The rally is expected to be a blend of remembrance and a call to action, emphasizing themes of perseverance, security, and defiance against the establishment’s perceived failures.
  4. A Message of Strength: For Trump, every appearance since the assassination attempt has been an opportunity to project strength. Returning to Butler amplifies this message, suggesting that neither personal attacks nor political challenges will deter his campaign or his message.

The Broader Impact

The “FIGHT FIGHT FIGHT” mantra has transcended its initial context, becoming a broader call against what Trump describes as systemic failures, from immigration policies to disaster response, as seen in his critiques of the current administration’s handling of events in North Carolina, echoed in his and his allies’ posts on X.

This return to Butler isn’t just about revisiting the site of a traumatic event; it’s a strategic move to encapsulate his campaign’s spirit in one location, making it a pilgrimage of sorts for his supporters. It represents Trump not just as a politician but as a symbol of resistance and persistence, key themes in his narrative of reclaiming America.

In sum, Trump’s rally in Butler today is more than a campaign event; it’s a testament to his campaign’s core message: a relentless fight against adversaries, be they political opponents, critics, or even those who threaten his life. This event is poised to be a significant moment in the 2024 presidential race, leveraging trauma, resilience, and defiance into political capital.

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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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