Big Lizards:Blog:Entry “Federal Judge Issues Orders to Navy”

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July 3, 2006

Federal Judge Issues Orders to Navy

Hatched by Dafydd

First the federal judiciary took control away from the president in the treatment of unlawful combatants; then they seized control away from Congress in the ratification and enforcement of the Geneva Conventions and for determining the jurisdiction of the federal courts -- which can now determine their own jurisdiction, and the Constitution be damned.

And now, a federal judge ("but some are more equal than others") has anointed herself the Commander in Chief of the armed forces; she has issued an order to the Navy not to use sonar during a "mid-frequency active sonar" test in the Pacific Ocean. Why? Because sonar might bother whales:

A federal judge issued a temporary restraining order Monday barring the Navy from using a type of sonar, allegedly harmful to marine mammals, during a Pacific warfare exercise scheduled to begin this week.

The order comes three days after the Navy obtained a six-month national defense exemption from the Defense Department allowing it to use "mid-frequency active sonar."

In a lawsuit filed by [the usual suspects] before a judge appointed by [take a wild guess -- hint: 1999], Judge Florence-Marie Cooper ruled that there was a "possibility" (her word) that the sonar to be tested might kill, injure, or disturb the whales, dolphins, walruses, otters, beavers, dogpaddling elephants, or other mammalian species that just happened to be lounging around Hawaii... so therefore, she has ordered the military not to test it.

In a related decision, rumor has it that Judge Cooper is just about to rule that we can no longer use radar, because it might emit radiation; fighter jets, because they're too noisy (and too closely associated with George W. Bush); and Predator drones -- because, as a vegetarian, she doesn't like the sound of that name.

Were I giving advice to the president, I would tell him, "Dude" -- which is one reason I'm not advising the CinC -- "it's time to draw a line in the sand." (As a Texan, he should appreciate the reference.) Bush should call a press conference and announce that the federal judiciary does not have authority over the military; the Constitution clearly gives that authority solely to the president as Commander in Chief. So he thanks her honor for the suggestion, but the test will proceed as planned, and as the Pentagon has approved.

Lady, we are in a war, for God's sake. You don't stop the military from testing the weapons that save our lives every day just because your heart bleeds for Flipper, Shamu and all their undersea chums.

I realize your calendar stops at September 10th; but for the rest of us, what happened the next day changed everything. In particular, it changed forever the level of monkeyshines that we are willing to tolerate in the war against jihadis.

The chutzpah of the federal judiciary is exceeded only by the arrogance of the elite media.

So to be perfectly polite about it, Judge Florence-Marie Cooper can go take a long walk on a short pier. If the DoD believes we need these tests to defend the nation, and if the Commander in Chief agrees, then neither the judicial nor the legislative branch has the least thing to say about it.

Judge Florence-Marie Cooper: go away.

Hatched by Dafydd on this day, July 3, 2006, at the time of 9:40 PM

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» ECO-ZEALOTS VS. THE NAVY from Michelle Malkin
Back in 2002, I reported on efforts by animal rights activists to sabotage Navy sonar exercises: Osama bin Laden gets help from the strangest creatures. As America's military struggles to prepare its forces for the War on Terror, radical environmentali... [Read More]

Tracked on July 6, 2006 4:32 PM

Comments

The following hissed in response by: Mr. Michael

So to be perfectly polite about it, Judge Florence-Marie Cooper can go take a long walk on a short pier.

And then we can test that new Sonar to find her! ...er, in order to SAVE her, of course. ;)

I agree that the Court has no constitutional authority to command anything of the Military, but if the Sonar DOES injure wildlife, is there a recourse that could be taken in it's name against the United States? Don't get me wrong; I'm all in favor of the strongest and most advanced defense of my nation that we can muster. But nowadays me must defend our nation from Harrassing Litigation as well as Traitors and Terrorists.

The above hissed in response by: Mr. Michael at July 3, 2006 10:24 PM

The following hissed in response by: Bill Faith

I linked from Old War Dogs >> Unclear on the concept -- Part 1 of thousands

The above hissed in response by: Bill Faith at July 3, 2006 11:09 PM

The following hissed in response by: Davod

Is this just a start up of previous liberal policies of attacking any defense inititive in any way possible. Hopefully for the libs, the Russians, Venezualans, or Chinesw will develop a counter to it so they can give up the fight.

The above hissed in response by: Davod at July 4, 2006 12:27 AM

The following hissed in response by: nk

Unbelievable. But ... how has the Administration responded? Have we seen any kind of manifestation of secondary male characteristics?

The above hissed in response by: nk at July 4, 2006 2:06 AM

The following hissed in response by: nk

P.S.: In other words, is the Navy still going ahead? Regardless of whether the TRO is being appealed or whether it has been stayed during appeal.

The above hissed in response by: nk at July 4, 2006 2:10 AM

The following hissed in response by: Terrye

This back and forth debate on the sonar has been going on for years.

The above hissed in response by: Terrye at July 4, 2006 4:04 AM

The following hissed in response by: Robert Schwartz

Now, don't you see how hanging a few federal judges would enormously improve the lot of them?

The above hissed in response by: Robert Schwartz at July 4, 2006 10:51 AM

The following hissed in response by: Trickish knave

As a SS sonarman stationed in Hawaii I hear this sonar mashing every year RimPac gets here. We get the same tree, err, whale hugging message when we got to San Diego to do ops with the Lincoln Battlegroup a few years ago.

/wrist

We will do whatever the **** we want and just to make a point I will override the max power interlock on my sonar system and blast anything within 20k yards with 200+ dB of pure piezoelectric output.

I love listening to the whales/dolphins/fish farts when we are punching holes in the ocean but, seriously, go **** yourself and leave us alone. How else are we supposed to find Chinese Kilos that will inevitably be hanging around Taiwan?

[Trickish Knave, I appreciate your sentiments but not your language. Consider this a family blog, and please abide by the Reptillian Comment Rules. Thanks! -- the Mgt.]

The above hissed in response by: Trickish knave at July 6, 2006 2:09 AM

The following hissed in response by: rodsomnia

That same judge was dumb enough to list her email address! here it is fmc_chambers@cacd.uscourts.gov

and here's my lil note:

really lame sonar ruling
With judges like you who needs enemies? http://news.yahoo.com/s/afp/20070806/sc_afp/usmilitaryenvironment_070806223724

“federal judge Florence-Marie Cooper ruled there was a "near certainty" that the Navy's active sonar was harmful to the environment”

So now lawyers are determining not only scientific fact but weighing the harm against national security and disregarding national security in favor of whales

You’re so stupid, can’t you see the new & improved advanced & environmentally tested sonar people laid a bribe on the NRDC lemmings to oppose the old system? Duh!

Don’t you feel stupid being a cog-dupe in the industrial military complex?

“Did the NRDC receive any funds from the contractor, their representatives, agents or lobbyists?”

$10 says nobody asked that question either.

Florence Marie “I’m a dupe” Cooper!

The above hissed in response by: rodsomnia at August 8, 2007 1:21 AM