Molloy upholds Simpson-Tester

[Ben Lamb]

Just got the call from Tester's office.

Buy your tags boys.

 

[----]

Good news!

 

[Big Fin]

Justice is finally served. Gotta love it.

 

[mightyhunter]

This, combined with the Wyoming agreement makes today, a great day for sportsman and those who really love wildlife.

 

[shoots-straight]

Dancing and singing in the sun! Whew, that was a close one. I would have had to insert foot deep in mouth.

 

[Ben Lamb]

Here's the ruling: http://bloximages.chicago2.vip.town...-11e0-80fc-001cc4c03286/4e39e3b35598e.pdf.pdf

 

[Lawnboy]

Dancing and singing in the sun! Whew, that was a close one. I would have had to insert foot deep in mouth.

I remember all the battling you and Buzz were doing over on MM. I was hoping that it would turn out this way so that those "sheeple" over there wouldn't be right on this one.

I think I know of a good spot to find a wolf. I need to call my wolf guide.

 

[Missoulaz28]

That's some of the best news I've heard in a while. Can't wait to start seeing the pics.

 

[sweetnectar]

Yeee haaaa

 

[mightyhunter]

Ben Lamb, I had just finished reading the opinion when I saw your last post. Judge Malloy's written decision is not exactly a ringing endorsement of the way the Simpson/Tester "wolf rider" was enacted. As an attorney, the fact that a previous ruling from the 9th Circuit Court of Appeals constrained this judge is especially ironic. That circuit court is generally recognized as the most liberal with its share of loons and judicial activists. Oh well. The pieces of the puzzle are starting to fall into place. My guess, is this ruling may have actually saved a few wolves from execution this year.

In reading the opinion I was struck by a quote from Judge Malloy contained in it:

"The principle behind the rule of law is to provide a mechanism and process to guide and constrain the government's exercise of power."

Didn't he realize that the mechanism was totally FUBAR and he was a party to that. Ongoing and never ending litigation is no way to resolve disputes. It enriches attorneys and causes people to lose all faith in the system. I sincerely hope that this is the first step in the end of the wolf wars. Finality is an important part of our legal system. Just remember, we are now 16 years into this nightmare.

 

[Ben Lamb]

Mighty,

When congress is broken, and litigants continually win on microscopic BS, I'll take this. We advanced common sense in this country, and did it with fringe elements on both sides trying to take us down.

The good Judge can take umbrage with "legislative prestidigitation" all he wants. Nobody wanted this issue to be settled like this. It was our only option.

 

[Big Fin]

In reading the opinion I was struck by a quote from Judge Malloy contained in it:

"The principle behind the rule of law is to provide a mechanism and process to guide and constrain the government's exercise of power."

Didn't he realize that the mechanism was totally FUBAR and he was a party to that. Ongoing and never ending litigation is no way to resolve disputes. It enriches attorneys and causes people to lose all faith in the system. I sincerely hope that this is the first step in the end of the wolf wars. Finality is an important part of our legal system. Just remember, we are now 16 years into this nightmare.

Here! Here!

 

[BuzzH]

We wouldnt be "16 years into this nightmare" if Wyoming would have had its crap together.

I hear all the whining about liberal judges when the real problem all along has been conservative dipchits wanting to play marlboro man...

 

[Lawnboy]

I hear all the whining about liberal judges when the real problem all along has been conservative dipchits wanting to play marlboro man...

That's T shirt material right there. Thanks Buzz you crack me up.

 

[Goldtip]

I'd buy that T-shirt......

 

[elk_hunter]

Can one of you guys get me a tag or hold me a place in line?

 

[mtlion]

Can one of you guys get me a tag or hold me a place in line?

Tags are unlimited, it's all a quota system. Buy your tag and find an open unit!

I hope every one of us has a wolf rug on the wall after this season!

 

[mightyhunter]

On August 8th, 2011, The Alliance for the Wild Rockies filed a Notice of Appeal with the 9th Circuit Court of Appeals appealing the recent decision of Judge Malloy that upheld the constitutionality of the "wolf rider". These eco-elite groups are not going to surrender their "cash cow" without a fight.

 

[Ben Lamb]

One great thing that George W Bush did when president was put some more conservative judges on the 9th.

I can't help but think they're clutching at straws. The language Molloy used was stern and he clearly didn't like the way the rider came about (which, to be truthful, I don't either. I would have much prefered that delisting occur as planned rather than drag this out for 8 more freaking years) but he clearly said that "binding precedent" kept him from ruling how he wished.

Funny that the plaintiffs think that's a go ahead for delisting. I don't see the 9th overturning their own precedent. Funny also that if this goes to the Supreme Court, they'll get their azzes handed to them. The Judicial shield has been used for over 200 years in this country and has stood up to more liberal courts than this.

 

[mightyhunter]

The Alliance for the Wild Rockies, in conjunction with their appeal of Judge Mallloy's decision wherein they challenged the "wolf rider", have now just filed for an emergency injunction to stop the wolf hunts in Montana and Idaho scheduled for 2011. Again, this shows you how FUBAR the legal system is as it applies to the ESA. I will make no prediction on how the U.S. 9th Circuit Court of Appeals will handle this injunction request. The 9th. Circuit Court of Appeals is generally recognized as the most off the tracks in their decision making.