It was announced by the Cleveland Community College Board of Trustee’s attorney at the May 14, 2019 BoT meeting that the Wanda Leonard v. CCCC Board of Trustees Federal Court case had been dismissed by a Federal Court Judge, but he didn’t know whether or not the judge’s decision would be appealed. If the case is not appealed the BoTs win. If the case is appealed and Leonard wins, the case goes to trial, with a jury. From what I have seen and heard, if this case goes to a jury, the people like you and me, Leonard wins and the BoTs lose.
However, “judge shopping” to get an activist judge to dismiss a good case is a common “dirty trick” by shyster lawyers more interested in getting their payoff rather than the proper ends of justice being served. It also places an undue burden on the plaintiff by requiring them to take the case to the Appeals Court level. And then, the Defendants, the BoTs could appeal the Appeals Court ruling to the US Supreme Court. Adding ten years or more to the process. Very few average folks can pay legal bills for that long and for that much.
And, the Federal Judge in this case, O. Max Cogburn, is an activist Judge in the Western District in North Carolina. Judge Cogburn was appointed to the Federal Bench by President Barack Obama, who always appointed activist Judges.
So, just what is an Activist Judge? you might ask. But don’t just ask me. Ask Thomas Jefferson. Jefferson was extremely wary of judges, and when the Supreme Court handed down the Marbury v. Madison decision in 1803 declaring the Supreme Court the ultimate interpreter of the Constitution’s meaning, Jefferson wrote that “to consider the judges as the ultimate arbiters of all constitutional questions is a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy.” Judges that believe THEY are the ones who get to say what the Constitution says have become known as activist judges. These are the Judges who brought us Same-Sex Marriage and abortion as Constitutional Rights, although the Constitution itself never mentions those things. Not one time. Nor has the Constitution been amended to include these acts as a Constitutional right. The Activist Judges just invented them. Among other things. And they had to fit the activist agenda as no legislation or Constitutional Amendments would ever be passed to make abortion and same-sex marriage an act protected by the US Constitution.
On the other side of the coin are the strict constructionist Judges who believe that the Constitution means what the Constitution says. Just like Thomas Jefferson did. It goes like this:
On the politically conservative right, judges are described as either “strict constructionists” or “originalists.” Judges who adhere to this philosophy believe that social change is best left to the politically elected branches of government. The role of judges is therefore to strictly interpret the Constitution, and nothing more. Strict constructionists also believe that the Constitution contains the complete list of rights that Americans enjoy and that any right not listed in the original Constitution, or as amended, does not exist and must be earned legislatively or through constitutional amendment. They believe Judges do not have the power to “invent” a new right that does not exist in the Constitution. These judges believe in original meaning, which means interpreting the Constitution as it was meant when it was written, as opposed to how society would interpret the Constitution today or tomorrow. Strict constructionists believe that interpreting new rights into the Constitution is a dangerous exercise because there is nothing to guide the development of new rights other than a judge’s individual conscience or ego or prejudice. Justice Antonin Scalia, appointed by Ronald Reagan to the Supreme Court in 1984, embodies the modern strict constructionist.
So, let’s look at this Federal Judge, O. Max Cogburn, and decide whether or not Cogburn is an Activist or a strict constructionist. Two things clearly indicate Judge O. Max Cogburn is an activist judge. One thing already mentioned is that Cogburn was appointed a Federal Judge by President Barack Obama. And everybody knows that Obama only appointed activist judges. Proof of that is clear. Look at all the lawsuits filed against President Donald J. Trump. They are most always filed in California, Oregon or Washington state. That is where most of the activist judges are. On top of that is these Western States are in the 9th Circuit Court of Appeals-which is also filled with Activist Judges. Only when the Trump Administration appeals to the US Supreme Court does these activist judge’s phony rulings get overturned. There are plenty of examples of that.
But the telling case for Judge O. Max Cogburn in North Carolina was his ruling that overturned the North Carolina Constitution to allow same sex marriage. Full well knowing that North Carolina voters voted overwhelmingly (two to one statewide, four to one in Cleveland County) to outlaw same-sex marriages. But NOooo! Cogburn was the Federal Judge that “invented” the constitutional right to allow gay same-sex-marriage. Not only in North Carolina but all across the USA. There are absolutely no rights for gay same-sex marriages in the US Constitution or in any amendment. Cogburn “invented” those rights himself. That is about as good a definition of an activist judge that there is.
Editor’s Note: Readers, you will have to pay close attention and do some independent thinking the rest of the way through this article. But thinking for yourself is good. The more you exercise your ability to think about things, the stronger your ability to think becomes. Soon enough all the Russian “meddling” in our elections and all the propaganda in the Shelby Star won’t amount to doodley-squat. You will be able to see right through all the fake news and phony narratives. And you will have my articles to thank for preparing you to face all the Bull-lony in the 2020 Elections. And beyond!!!