Michigan judge halts Detroit bankruptcy because it dishonors Obama

posted at 5:11 pm on July 19, 2013 by Allahpundit

Angela Corey should have tried this argument with Judge Nelson. 50/50 shot, no?

Alternate headline: “Government in Detroit somehow worse than thought.”

Aquilina, who granted the restraining order, clearly was irked.

Prior to her ruling on Friday, she criticized the Snyder administration and Attorney General’s Office for what appeared to be hasty action to outflank pension board attorneys.

“It’s cheating, sir, and it’s cheating good people who work,” the judge told assistant Attorney General Brian Devlin. “It’s also not honoring the (United States) president, who took (Detroit’s auto companies) out of bankruptcy.”

Aquilina said she would make sure President Obama got a copy of her order.

“I know he’s watching this,” she said, predicting the president ultimately will have to take action to make sure existing pension commitments are honored.

“I know he’s watching this.” She’s essentially threatening to tattle on the governor by faxing a copy of her order to Our National Father, whose dignity is on the line as the fate of America’s most notorious experiment in pure progressive government is decided. They should be grateful she didn’t hold them in contempt under the Dishonoring Obama clause of the Constitution.

Two things. One: The left has spent much of the day grumbling on Twitter that it’s not fair to make fun of Obama for saying repeatedly last year that he prevented Detroit from going bankrupt when what he meant by “Detroit” was the auto industry, not the municipal government. Aquilina doesn’t seem to find that distinction important. Obama held himself out as the city’s economic savior; to allow it to declare bankruptcy now would make a liar of him, and we can’t have that. Or maybe … she doesn’t grasp the distinction at all?

She also ordered that a copy of her declaratory judgment be sent to President Barack Obama, saying he “bailed out Detroit” and may want to look into the pension issue.

That’s from the Detroit Free Press, which helpfully notes that she “has a Democratic background.” Two: The legal basis for the decision is that the Michigan Constitution doesn’t allow the state to reduce public-employee pensions (of course), even though public-employee pensions are what’s driving the bankruptcy. Some bankruptcy experts disagree, but if that ruling stands on appeal, presumably the only solution is a bailout. You don’t think Our Father would go for that, do you? How about congressional Republicans?

Go look at the graphic Veronique De Rugy posted at the Corner.


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Fiscal reality needs to hit home. Probably everywhere.

DanMan on July 19, 2013 at 6:12 PM

Good luck, with a population as stupid as this one is.

98ZJUSMC on July 19, 2013 at 11:26 PM

If it was up to me I would send these links out to everyone I could. Imprint his image on it. Literally.

http://0ruins.blogspot.com/

http://0housing.blogspot.com/

http://0healthcare.blogspot.com/

While the pan is hot.

Bmore on July 20, 2013 at 12:14 AM

Let’s just call it the Detroit National Wilderness Area.

We did not realize that dishonoring the president was a legal principle to be applied in bankruptcy cases. There’s one salary Detroit may be able to save.

virgo on July 20, 2013 at 1:01 AM

The bailout is coming to Detroit first, then LA, then Milwaukee, then…

All you folks in flyover country better get your own tube of KY because YOU are going to bend over and cough up the funds for the bailout!

belad on July 20, 2013 at 1:04 AM

The end-game here, is that – inevitable – the blue states will have to bail out these big cities, then the red states will have to bail out the blue states.

Time for the red states to get out while the getting is good.

Rebar on July 20, 2013 at 1:06 AM

Obama will bail them out. He has to. The validity of their whole political philosophy is at stake here.

hisfrogness on July 19, 2013 at 5:15 PM

And if He does then the folks will move back into the city? The abandoned buildings will suddenly be thriving with activity again? Home values will shoot up? Jobs will suddenly return?

But it would be of interest of sorts to see how long they can float this sinking ship.

Dr. ZhivBlago on July 20, 2013 at 1:10 AM

The bailout is coming to Detroit first, then LA, then Milwaukee, then…

All you folks in flyover country better get your own tube of KY because YOU are going to bend over and cough up the funds for the bailout!

belad on July 20, 2013 at 1:04 AM

Someone posted on another site that San Jose was in worse trouble than Los Angeles?

Dr. ZhivBlago on July 20, 2013 at 1:11 AM

The judge has some good points.

David Blue on July 20, 2013 at 1:44 AM

The judge has some good points.
David Blue on July 20, 2013 at 1:44 AM

Only when braless in a chilly room.

LegendHasIt on July 20, 2013 at 1:53 AM

How is this even remotely legal? Once the rule of law is destroyed all that remains is brute force and fear.

claudius on July 20, 2013 at 2:03 AM

(laughter) OK.

But seriously: that’s what the constitution says. And it would be better if the judiciary was more often willing to treat the other branches of government with respect, including the executive.

Would this respect be available for a right-wing President? No, and that’s bad.

But in itself, what the judge did is not wrong.

And I don’t think even bankruptcy comes close to addressing what’s wrong with Detroit.

It’s not the judge’s job to say: there’s a problem so you can do anything you want to fix it. Especially when the fix isn’t adequate anyway.

David Blue on July 20, 2013 at 2:11 AM

How is this even remotely legal? Once the rule of law is destroyed all that remains is brute force and fear.

claudius on July 20, 2013 at 2:03 AM

That’s been the case in Detroit since 1967. That’s not this judge’s fault.

David Blue on July 20, 2013 at 2:13 AM

It’s funny, in a bad way: who gets to live in Detroit, and on what terms, and who gets to rule Detroit and loot it, was settled long ago by illegal violence and property damage in the millions of dollars. The cost of avoiding millions in damage then is billions now. Rule by thugs wasn’t a bargain.

David Blue on July 20, 2013 at 2:25 AM

The end-game here, is that – inevitable – the blue states will have to bail out these big cities, then the red states will have to bail out the blue states.

Time for the red states to get out while the getting is good.

Rebar on July 20, 2013 at 1:06 AM

But, but, but,

what about ALL those articles I’ve read over the years about how the blue states create wealth and the red states are full of welfare recipients???

WryTrvllr on July 20, 2013 at 2:35 AM

Another thing: Judge Aquilina is taking seriously Obama’a commitment to be the economic savior of Detroit.

I think that’s right. If important government officials don’t want to be taken seriously, they shouldn’t make such commitments.

As far as Judge Aquilina has any say about it, it’s all on Obama now, because he said it was.

And promising to save the auto industry and saving Detroit were bound up closely enough for the judge not to need to make a distinction there.

David Blue on July 20, 2013 at 2:38 AM

http://www.politicaljack.com/threads/red-states-always-sponge-off-higher-income-blue-states.27076/

you’d think with their higher IQ’s they wouldn’t be in this trouble.

WryTrvllr on July 20, 2013 at 2:41 AM

She will never make it to the Supreme Court. All she needed to do was rule that bankruptcy is a tax and everything would have been fine. That is how the big boys do it.

Does anyone else think she fixed her hair up especially nice because she knew she was going to get coverage and then she leveraged that coverage by mentioning Dear Leader as being the guiding principle to her jurisprudence? Everything is politics to the left. Their play is that if bankruptcy is not legally allowable then the only alternative will be a bailout. And she name dropped the person who she thinks will ride to the rescue with just such a bailout in tow.

She might as well have ruled that water will cease being wet as to rule Detroit will not go bankrupt. But Obama will throw money at the project anyway. It is all he knows how to do.

Voluble on July 20, 2013 at 2:42 AM

He still looks like a smiling chimp.

avagreen on July 20, 2013 at 3:07 AM

Their play is that if bankruptcy is not legally allowable then the only alternative will be a bailout.

Actually, the next step outside of BK would be to sell city assets, fire employees, shut down services and end transfer payments.

I have failed to find in the U.S. Constitution where citizens are responsible to “bailout” incompetent politicians in other states.

Please tell me where you go from destroying a city by virtue of your own political agenda and economic illiteracy to demanding the citizens of other states must cover your debts and on-going expenses. Don’t use the excuse it was done for NYC – that was unconstitutional as well.

in_awe on July 20, 2013 at 3:23 AM

She will never make it to the Supreme Court. All she needed to do was rule that bankruptcy is a tax and everything would have been fine. That is how the big boys do it.

Voluble on July 20, 2013 at 2:42 AM

Correct. That’s another thing I like about her decision.

David Blue on July 20, 2013 at 3:59 AM

Actually, the next step outside of BK would be to sell city assets, fire employees, shut down services and end transfer payments.

in_awe on July 20, 2013 at 3:23 AM

Also correct.

Bankruptcy is not the solution. It was another way of putting off the first step of any real solution.

David Blue on July 20, 2013 at 4:02 AM

The end-game here, is that – inevitable – the blue states will have to bail out these big cities, then the red states will have to bail out the blue states.

Time for the red states to get out while the getting is good.

Rebar on July 20, 2013 at 1:06 AM

Amen. The Left started this “No Fault Divorce” thing and now we want a divorce. I am all for Texas to be a Republic again.

Theophile on July 20, 2013 at 4:30 AM

Detroit? Let it burn.

Ward Cleaver on July 19, 2013 at 5:21 PM

As well as Lansing, which, despite not being the county seat, is where this despicable Lawgiver-In-Black has her star chamber.

Steve Eggleston on July 20, 2013 at 7:53 AM

I bid $100 for Detroit. Going once. Going twice. Going three…

oldroy on July 19, 2013 at 6:55 PM

I withdraw my bid. Sorry.

oldroy on July 19, 2013 at 6:57 PM

Sorry, but Detroit was offered up with no reserve.

Steve Eggleston on July 20, 2013 at 8:00 AM

I love you people…yes let’s divide America…most of you won’t remember Walden II or Ecotopia…books about the “good” Americans, leaving you bad Americans to flounder…

Of course then it was the Smellie Hippies leaving and setting up their Utopia….

Then they got smart, took over a political party and and instead of creating their vision in Washington, California, and Oregon, they took it nationally.

So my advice emulate the Smellie Hippies and take over the GOP…and skip the S3cession Fantasies.

Because we won’t let you leave in a divorce, UNLESS you take your share of the National Debt and Bail-outs with you, which is the whole basis of a Divorce and you don’t want that…

And we sure as H3ll aren’t going to let you walk out the door…”Mr Lee please pick up the White Phone a Mr Grant for you.”

So stop dreaming and start schemin’

JFKY on July 20, 2013 at 8:05 AM

What do you call a lawyer who graduated at the bottom of their law school class?

“Your Honor”

myiq2xu on July 19, 2013 at 5:15 PM

Actually, these days we call him “Mr. President”.

SDN on July 20, 2013 at 8:36 AM

New swearing in ceremony for military:

“I [state your name] do solemnly swear to honor President Obama”

BobMbx on July 20, 2013 at 8:59 AM

The Twilight Zone
Talk about judicial activism at its best!

kregg on July 20, 2013 at 8:59 AM

Two: The legal basis for the decision is that the Michigan Constitution doesn’t allow the state to reduce public-employee pensions (of course), even though public-employee pensions are what’s driving the bankruptcy. Some bankruptcy experts disagree, but if that ruling stands on appeal, presumably the only solution is a bailout.

Whether the ruling is right, wrong, or indifferent the fact remains: You can’t get blood from a stone. There is no money to bailout Detroit. We can’t afford White House tours. And Detroit can’t bail itself out. So whats left?

Abandonment. And creditors lose everything. This is the natural order.

BobMbx on July 20, 2013 at 9:06 AM

You can bet that the first thing Monday morning a REAL “state judge” will overturn that moronic Wayne County political hack of a judge.
I have worked in, around, and through the criminal justice system for 3+ decades, and I have NEVER read a more unprofessional opinion. Not Ever.
That chick, of a lowly elected Democrat COUNTY judge, can brown-nose Oligula all she wants, but the STATE has the power in this case. Even Slow Joe Biden knows that the Feds can’t do squat – and that’s saying something!
How would you like to be one of the 100k creditors who haven’t been paid? No One (at least pale-faced suburbanites) will ever contract with that filthy City again.
Pennies on the dollar really sucks, but maybe former King Kwame can set up an illegal enterprise in prison like he did in Detroit as Mayor and finally pay restitution.
~(A)~

Karl Magnus on July 20, 2013 at 9:11 AM

Wait a sec…aren’t bankruptcies federal cases? Where does the state court come in? I don’t think they have jurisdiction.

And where was this judge (and/or state law) when GM filed for bankruptcy?

BobMbx on July 20, 2013 at 9:24 AM

The legal basis for the decision is that the Michigan Constitution doesn’t allow the state to reduce public-employee pensions (of course), even though public-employee pensions are what’s driving the bankruptcy.

If true, this means that the fundamental purpose of the state and local governments has become to transfer wealth to retired employees.

Count to 10 on July 20, 2013 at 9:48 AM

Well, it isn’t like you can conclude that liberal policies or anything got it to this point…..

roy_batty on July 20, 2013 at 10:03 AM

If true, this means that the fundamental purpose of the state and local governments has become to transfer wealth to retired employees.

Count to 10 on July 20, 2013 at 9:48 AM

Lampreys in Lake Michigan rejoice, host fish no longer allowed to die.

roy_batty on July 20, 2013 at 10:05 AM

Just when you think you’ve seen it all.

petunia on July 20, 2013 at 10:09 AM

“I have some hostages, and they are tied up in a sack at the top of a flag pole. I’m going to blow them up at midnight, unless I get these three demands: ONE! I want a million dollars! TWO: I want a getaway car waiting for me! and THREE: I want the letter M stricken from the English language. See, you have to make one crazy demand, so if they catch you, you can plead insanity. Heh, heh, getaway car.” — Steve Martin

Heh, heh, Dishonors Obama.

J_Crater on July 20, 2013 at 10:16 AM

The Führerprinzip [ˈfyːʀɐpʀɪnˌtsiːp] ( listen), German for “leader principle”, prescribed the fundamental basis of political authority in the governmental structures of the Third Reich. This principle can be most succinctly understood to mean that “the Führer’s word is above all written law” and that governmental policies, decisions, and offices ought to work toward the realization of this end.[1] In actual political usage, it refers mainly to the practice of dictatorship within the ranks of a political party itself, and as such, it has become an earmark of political Fascism.

http://en.wikipedia.org/wiki/Führerprinzip

claudius on July 20, 2013 at 10:33 AM

Detroit civil servants work? Don’t be to concerned, stupidity reigns, the whole mess in Detroit is managed for the benefit of the civil service. Let it continue to collapse, the judge won’t notice or care. She’s to damn stupid.

arand on July 20, 2013 at 10:37 AM

presumably the only solution is a bailout.

Not from the federal government. The nation is not obligated by Michigan’s constitution at all. I guess Michigan will have to bail out Detroit. Thank goodness we don’t have a clause in our national Constitution that requires states not be allowed to go bankrupt. *eyeroll*

GWB on July 20, 2013 at 10:59 AM

Who knew that bananas grow in MI?

Another Drew on July 20, 2013 at 12:06 PM

JFKY on July 20, 2013 at 8:05 AM

You won’t let us walk out that door?
Please point out to us the Grand Army of the Republic that will defend The Union of a Republic that you have smashed.
All you have are Petty Montebanks, and their little rule-books (BTW, what color are they – Red?).
If there is dissolution, the only rule that applies is Rule-7.62 -
we know that rule forwards and backwards,
and its minor clause, Rule-5.56, too.

Another Drew on July 20, 2013 at 12:16 PM

Oligula
Karl Magnus on July 20, 2013 at 9:11 AM

What a great name. I can’t think of a more fitting person’s name to use in reference to the insane thief in the W.H.

Caligula
There are few surviving sources on Caligula’s reign, although he is described as a noble and moderate ruler during the first six months of his rule. After this, the sources focus upon his cruelty, extravagance, and sexual perversity, presenting him as an insane tyrant. While the reliability of these sources has increasingly been called into question, it is known that during his brief reign, Caligula worked to increase the unconstrained personal power of the emperor (as opposed to countervailing powers within the principate). He directed much of his attention to ambitious construction projects and notoriously luxurious dwellings for himself.
https://en.wikipedia.org/wiki/Caligula

avagreen on July 20, 2013 at 12:36 PM

Aquilina said she would make sure President Obama got a copy of her order.

“I know he’s watching this,” she said, predicting the president ultimately will have to take action to make sure existing pension commitments are honored.

Sending a copy of the order to make points with the head of the Democratic Party sure looks like someone’s been swayed by PARTISAN CONSIDERATIONS to me.

From the Michigan Code of Judicial Conduct:

Canon 3
A Judge Should Perform the Duties of Office Impartially and Diligently

The judicial duties of a judge take precedence over all other activities. Judicial duties include all the duties of office prescribed by law. In the performance of these duties, the following standards apply:

A. Adjudicative Responsibilities:

(1) A judge should be faithful to the law and maintain professional competence in it. A judge should be unswayed by partisan interests, public clamor, or fear of criticism.

MessesWithTexas on July 20, 2013 at 12:40 PM

When you run up against a judge that is this dumb, that is this incompetant, it makes you question ALL of her other mundane judgements.

Old Country Boy on July 20, 2013 at 3:36 PM

Sounds like more of “I just don’t like that law lets not obey that one”….Only in Obamaville….

rodguy911 on July 20, 2013 at 6:07 PM

dishonor, dathonor… some people even mentioning honor is so very ironic

Marcola on July 20, 2013 at 7:15 PM

Earth to Angela Corey… It’s not illegal to dishonor the president.

sadatoni on July 21, 2013 at 2:50 AM

Slumlords.

Sherman1864 on July 21, 2013 at 11:14 AM

Female judges are not very good in most cases.

Sherman1864 on July 21, 2013 at 11:15 AM

When private companies go bankrupt, they normally shed their outrageous union pensions and allow the Pension Benefit Guarantee Corporation take over. http://pbgc.gov/

I know that many airlines took this route because the unions had negotiated extremely lucrative pension deals ($200K+/year for some pilots) that the companies simply could not sustain these when the economy took a hit. The unions were unwilling for the most part to budge on these Cadillac pensions and as a result of the BK filings, the PGBC took over the pensions and now they’re somewhere in the $30-$40K range.

JetBlast on July 21, 2013 at 11:16 AM

Suddenly, we live in a lawless country headed by corrupt and racially oriented Obama and his complicit buddy Holder. Minor Judges are simply following suit.

DC555 on July 21, 2013 at 12:37 PM

Obama did not “bail out” the car industry, we taxpayers did, and what did he do next, but ship many car manufacturing jobs to China and Mexico. No more bailouts for anyone.

Amazingoly on July 21, 2013 at 2:00 PM

There is a popular campaign in our state called Pure Michigan. The ads conjure visions of the lovely forests and lakes

Someone has made a parody called Pure Detroit

Sadly that is the real Detroit. The large building with smashed windows in the opening scene is Union Station, near downtown. It sits on a small park, once surrounded by little restaurants, now flop houses. In WWII the soldiers came here to board trains taking them to training, and they returned home to this once glorious building. Couples strolled in the park, waiting for trains to arrive. I was there the last day it was open. The building was never secured, so the brass railings etc are all stripped. It has been like the video shows for decades

The residential areas in the video look at least as bad as the one my brother was killed in last year in a home invasion. The videos seem phoney, but his own street was vacant lot, wild dogs, burned home, looted abandoned home, clean occupied home, repeat. Most of the abandoned homes are filled with furniture, clothes, all torn through and dragged onto the driveways. This goes on street after street, mile after mile. Neighborhood after neighborhood. My Brother had squatters next door who pushed cardboard in the roof where a fire had burned a hole, and a small AC tilted in the window. I am certain I saw a buzzard over my looted childhood school. I never before saw a buzzard.

The judge, though not a detroit judge, is pure detroit. What you get from her mouth is what you got from the city politicians. I remember when they all had white cadillacs to drive. I remember when the board of education head had a chaffeur to drive him.

Compare this to Obama spending 100 million to play king on his Africa visit. The slush funds, the crony plays.

THe WH crowd runs the federal government like the Detroit crowd has run that city

Something I have not figure out: how do you deal with people that stupid?

entagor on July 21, 2013 at 3:37 PM

Compare this to Obama spending 100 million to play king on his Africa visit. The slush funds, the crony plays.

entagor on July 21, 2013 at 3:37 PM

Show me how this man isn’t Mansa Musa the Second, if you can. Right down to randomly handing out gold to peasants. (they call it ‘bling-bling’.)

It’s in his ‘programming’, if you will. He can’t change it. He can’t improve on it. He can’t do more than temporarily mask it, and badly at that.

MelonCollie on July 21, 2013 at 6:28 PM

Affirmative action judge

neyney on July 21, 2013 at 6:46 PM

They should be grateful she didn’t hold them in contempt under the Dishonoring Obama clause of the Constitution.

Good, old-fashioned, Hot Air COMEDY GOLD !!!

Five stars, and a bottle of tequila to boost.

Thanks, AP. We need the comedy relief to take the edge off of having to witness the disintegration of our beloved nation.

hillbillyjim on July 21, 2013 at 7:49 PM

Female judges are not very good in most cases.

Sherman1864 on July 21, 2013 at 11:15 AM

Really?

Is this a position which you have thought out thoroughly, or did you just type the first emotional thing that occurred to you.

There are equally good and bad judges from all spectrum.

hillbillyjim on July 21, 2013 at 7:53 PM

As per my last post, I owe somebody a question mark.

Here ya go: ^?^

hillbillyjim on July 21, 2013 at 7:55 PM

As long as I’m correcting myself, I’ll do one that 88.3% of you missed anyway.

spectrum s/b spectra

hillbillyjim on July 21, 2013 at 7:57 PM

Now back to your original programming…

hillbillyjim on July 21, 2013 at 7:58 PM

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