Comments on: Yes, we can break public-employee pensions

By: Hayes Thomas

Hayes Thomas — Tue, 21 Aug 2018 03:00:57 +0000

Another excellent and informative article from CWD. This is why I frequent this website. You will never see anything like this published in a daily newspaper, including The Orange County Register, which wastes most of it’s readers time with banal human interest sob stories and feature articles on the best wine to accompany an organic arugula and goat cheese salad. I look forward to the rest of the series. Nicely done!

By: Leonarda Kime

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By: The DA

The DA — Sat, 29 Sep 2012 00:39:10 +0000

This article reads like a law school examination answer. Yes, Mr. Cabaniss has covered all the bases on how to attack a contract, and should receive an A+ for his efforts. However, one would have to torture logic to believe for one second that any of the arguments presented (and nicely so) would have a snowball’s chance in hell of succeeding in the real world.

Re the bankruptcy analysis by Johnnie Ballgame, I tend to agree. However, wouldn’t the ten cents on the dollar salvation also apply across the board to all state contracts, including the salaries of current state employees? How would this solve the problem?

By: Johnnie Ballgame

Johnnie Ballgame — Wed, 26 Sep 2012 19:08:08 +0000

The legal analysis is simple and clear:

UNDER THE SUPREMACY CLAUSE OF THE U.S. CONSTITUTION, FEDERAL LAW PREVAILS OVER ANY CONFLICTING STATE LAW.

Bankruptcy law is federal law.

Contract law is state law.

The California Constitution is state law.

Regarding pension contracts and bankruptcy, there is a clear conflict between bankruptcy law (federal law that allows contracts to be modified or terminated) and contract law (state law). There is also a clear conflict between bankruptcy law (federal law that allows contracts to be modified or terminated) and the California Constitution (state law).

ACCORDINGLY, BANKRUPTCY LAW PREVAILS OVER ANY CONFLICTING PROVISION OF CONTRACT LAW AND THE CALIFORNIA CONSTITUTION.

It’s time to fight firefighters with bankruptcy.
File bankruptcy.
Modify pension contracts (ten cents on the dollar sounds good) or terminate pension contracts (sounds better).

Of course, the filthy rich firefighters’ union will use their war chest of money (filled with union dues funded by salaries and pensions funded by taxpayers) to hire an army of super-expensive lawyers to file appeals and lawsuits asserting absurd academic arguments based on state sovereignty, federalism, perversion of commandeering doctrine, blah, blah, blah, which will further burden our insanely overburdened courts and ultimately fail.

By: SeeSaw

SeeSaw — Mon, 24 Sep 2012 21:38:19 +0000

I said I retired at 72. I am one age.

By: Ted Steele, Associate Prof.

Ted Steele, Associate Prof. — Mon, 24 Sep 2012 13:44:05 +0000

0 for 10 so far and soon to be 0 for 11 ™

lol

love it.

By: Rex the Wonder Dog!

Rex the Wonder Dog! — Mon, 24 Sep 2012 06:08:31 +0000

seesaw, you said you were 72 a few days ago-how many ages are you????

By: Rex the Wonder Dog!

Rex the Wonder Dog! — Mon, 24 Sep 2012 06:07:50 +0000

Ted, Lil buddy as you like to say …. My comments on the need and justification for pension reform are accurate and to the point. You, are the other hand are a “taker”, and being 83, likely a taker of way more than you should have received due to our politicians selling out (the Taxpayers) for your Union’s money. Well, I’m trying to limit the future takers, such as yourself.
Sorry, but your fantasy diversion to hate and insults doesn’t work with me. The focus will remain on MATERIAL pension reform.

Teddy is melting down in a major way 🙂 he maybe demented, his comments are like those of a spoiled child who, when he doesn’t get his way, starts to cry and pout…………BTW Teddy- Nov 6 Clown gtes his pension tax creamed, and I will be 18-0, undefeated!

By: SeeSaw

SeeSaw — Mon, 24 Sep 2012 04:59:04 +0000

Seesaw’ hubby?!!!!! Rex, don’t you know that there are thousands of senior citizens in my age category in this state, and they aren’t all pension enviers, like you. I am 76–proud to admit it–and I have no idea what age, “Ted” is.

By: Ted Steele, Associate Prof.

Ted Steele, Associate Prof. — Mon, 24 Sep 2012 02:10:06 +0000

T Lovey– You can ignore your hate filled labels towards me about age and dementia now that you’ve been called out. I am not surprised that you want to change the subject. Typical.

You’re sad.