SC

Education Lawsuit Looms Large In SC Supreme Court Race

LAWMAKERS LEERY OF JUDICIAL ACTIVISM … As we recently noted, there are three candidates seeking a spot on the S.C. Supreme Court this year.  And because these candidates are vetted – and then voted on – by the notoriously corrupt S.C. General Assembly, politics has already reared its ugly head in the…

LAWMAKERS LEERY OF JUDICIAL ACTIVISM …

As we recently noted, there are three candidates seeking a spot on the S.C. Supreme Court this year.  And because these candidates are vetted – and then voted on – by the notoriously corrupt S.C. General Assembly, politics has already reared its ugly head in the selection process.

So much for all that talk of “judicial reform,” right?

Indeed …

We suspect despite calls for long-overdue reform, the same corrupt deal-making that has plagued previous legislative elections will plague this one, too.

Anyway, the three candidates are Ralph King “Tripp” Anderson (chief judge of the state’s administrative law court), John Few (chief judge of the S.C. court of appeals) and Bruce Williams (an appeals court judge).

Lawmakers tell us Few enjoys the early advantage based on geographical and ideological considerations (he’s from the vote-rich Upstate region of South Carolina and he’s generally regarded as the most conservative of the three nominees).

Wait … don’t “Republican” lawmakers in the Palmetto State typically install liberal judges to the Supreme Court?

Um, yes … and yes.

So wouldn’t that be a disadvantage for Few? 

Yes … but not this year.  Voters have had enough of “conservative” lawmakers electing (or promoting) liberal judges – and Few’s race is being viewed as the first in a long line of litmus tests.

JOHN FEW
JOHN FEW

But there’s another reason lawmakers are reportedly gravitating toward Few – a Greenwood, S.C. native.  It turns out he was the only candidate who provided an answer to a very important question …

During the legislative screening process that produced the three finalists for this post, each would-be Supreme was asked to provide their thoughts on the controversial “minimally adequate” ruling handed down by the S.C. Supreme Court in the fall of 2014.

This ruling – which precipitated something of a constitutional crisis in South Carolina – found that the state was not meeting its alleged obligation to provide a “minimally adequate” education to certain students at government-run schools.  It further directed the S.C. General Assembly to address this failure with specific actions – by a specific deadline.

Not surprisingly … lawmakers categorically failed to do that.

The problem?  The court wasn’t confining itself to the interpretation of the law.  It created and defined the “minimally adequate” standard itself – and then saw fit to impose fresh obligations related to this new standard on the legislative branch.  All this despite the state’s constitution granting the S.C. General Assembly exclusive authority over “the maintenance and support of a system of free public schools” in the state.

Yeah … that’s a textbook example of judicial overreach.

Don’t get us wrong: There’s much we like about the “minimally adequate” ruling.  For starters, the liberal court actually affirmed the glaringly obvious conclusion that “spending fails to provide students with the opportunity to obtain a minimally adequate education.”

“Rather, the evidence demonstrates that there is a clear disconnect between spending and results,” the ruling noted.

Amen to that … we’ve been screaming that for years.

And let’s be honest: It goes without saying South Carolina’s government-run schools are not “minimally adequate.”  They are totally inadequate – despite receiving billions upon billions of dollars in new money over the past few decades.

Furthermore, when the S.C. General Assembly finally got around to responding to the “minimally adequate” ruling (last month) – it offered up an orgy of new government spending and programs.  In other words, “Republican” lawmakers offered up more of all the things that led to the “totally inadequate” situation in the first place.

Still … none of that gives the Supreme Court the right to usurp the constitutional authority of another branch of government.

Anyway, when Anderson, Few and Williams were asked about this ruling during the screening process – only Few spoke up in opposition to it.  The other two candidates – Anderson and Williams – said nothing.  In fact, sources tell us they remained silent because they both support the ruling – and were advised by their strategists to keep quiet about it so as not to anger lawmakers.

Needless to say, that silence is assuming a deafening volume as the S.C. General Assembly prepares to begin its 2016 legislative session next week.  In fact we’re told Anderson and Williams are scrambling to provide “alternative explanations” in conversations with lawmakers regarding the controversial ruling.

We haven’t put too much thought into this race at this point … and are nowhere near the point of offering any sort of endorsement to any of the three candidates.  Having said that, the fact Few was the only one of the three judges willing to answer the question – and the fact he answered it correctly – strikes us as commendable.

A judge’s ideological leanings matter … but so does his or her philosophy.

***

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58 comments

Trailer Park Kid January 9, 2016 at 6:15 pm

Does anybody out there know why Abbeville was released from the lawsuit years ago? The case is still captioned “Abbeville School District (et al) v. State of South Carolina, but why in the world would Abbeville no longer be a party? If ever there was a school district that has failed miserably, its Abbeville. Most of the county’s residents are illiterate and unskilled. The youth flight has been underway long enough for the county to lose its critical mass needed to grow. If I were Plaintiff’s counsel, they would be Plaintiff’s Exhibit One in a very strong case. Prima facie evidence!

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Sic Semper Tyrannis January 9, 2016 at 6:23 pm

Proberly because this is SC. Most of the corruption is because SLED is worthless, why they get paid, no idea. Lawmakers, done and worthless unless it’s for a pal. Then you have a govnor, who just wants to catapult to the presidential side. What is RIGHT in SC? Why are things not right, we all know. Get used to it or leave. Not in the mood to more whinning right now. This state is FUKED UP.

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nitrat January 10, 2016 at 9:26 am

SLED always had corruption issues. But, it has truly sunk to a new low after 14 years of the Sanford/Haley administration.

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John D with a tie January 9, 2016 at 6:53 pm

The Richland County Penny Tax scandal is emblematic of education, transportation and other large government spending programs.

They are rife with croneyism. They are easy to plunder. They are easy-pickens for the well connected and greedy.

They are a welfare for the rich and powerful.

My friends make fantastic amounts of money off the working class taxpayer. SC is dumb enough to overpay for every large project it undertakes and that is good for my friends and bad for the taxpayer, the student and the driver.

Every once in is a while a foot soldier has to pay a small price for us and we an live with that as throwing the underling to the media keeps us safe and does not jeopardize our fortunes.

The system is a joke. It is so easy to take your money and put it in our pockets.

You people are fools.

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euwe max January 10, 2016 at 6:24 am

Not fools – Republicans.

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Soft Sigh from Hell January 10, 2016 at 5:39 pm

Serfs

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euwe ma(x)ggot January 10, 2016 at 5:47 pm

Supply-side economist Arthur Laffer is predicting Republicans will win the White House in a landslide this year, regardless of the nominee.

“I would be surprised if the Republicans don’t take 45, 46, 47 states out of the 50,” Laffer told host John Catsimatidis on “The Cats Roundtable” on New York’s AM-970 on Sunday.

“I mean, I think we’re going to landslide this election.”

Laffer, who served in various positions in the Nixon, Ford and Reagan administrations, said he is bullish on the entire Republican primary field.

“When I look at these candidates, I don’t see one of them who wouldn’t do a great job as president,” he said.

“I think Donald Trump is phenomenal, I think Rand Paul has done a great job, I even like Jeb Bush — I think Jeb Bush is great, he did a wonderful job in Florida,” he added. “Chris Christie – phenomenal.”

He said Democratic primary front-runner Hillary Clinton’s “day is over.”

“She would be defeated handily. I don’t think Hillary’s going to win this election no matter whom she runs against,” he said. “I mean, Hillary’s day is over.

http://thehill.com/blogs/ballot-box/presidential-races/265355-economist-gop-may-win-47-states-in-general-election

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RogueElephant January 10, 2016 at 7:00 pm

I certainly hope he is right. 4/8 yrs of Hillary and this country is over. 4/8 yrs. of the establishment RINOS we will be a little better off, but only a little. The USA needs a kick ass statesman that isn’t bought and paid for by the big money types and willing to MAKE AMERICA GREAT AGAIN.

euwe max January 10, 2016 at 7:16 pm

white shoes and hair plugs will be our salvation.

The great casino Economy.

Growth through bankruptcy.

Biggest Moocher There Ever Was January 11, 2016 at 9:57 am

Hi, my names Flip, but you can also call me Pogo! LMAO!!!!!!!

euwe max January 10, 2016 at 7:06 pm

Kneeling, mesmerized by the accessories of the knights and kings.

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Lone Ranger January 10, 2016 at 12:00 am

SC’s payday-grubbing legislators kept rearranging chairs on the Titanic THEY made after denigrating Confederate patriots’ flag WITHOUT voters voting

And when that long Tea Train ran over them they were blown out of their menagerie and neither they nor their self-made Titanic did any more floating

And co-equally sunk were two MORE cowardly skunks who flag-ripped for their own greedy political gain and thought voters wouldn’t know nor care

They were Con-Back Stabbers-Nikki Haley and Joe-I-Lie-To-Conservatives-Wilson
and when votes were counted—that’s right—they were NO longer there

And about all you need to know as far as judicial “elections” go is that Jean Toal was propped up by these same legislator scum to DUI-hit-and-run-at will

So don’t waste our time telling us that these scum give a rat’s round rump about voters because it’s the voters who WILL take out these RINO shills !!!

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euwe max January 10, 2016 at 12:43 am

A new day, but Republicans are still scum.

Republicans contributed a lot in 2015…

Fear of the Unknown,
Hatred of Americans who disagree,
Violent Gun Porn,
Mainstreaming misogyny,
Frightening old people with impossible scenarios
Releasing a few prisoners from Guantanamo will spark our inevitable downfall
Sharia Law is inevitable without discrimination
Defeat of our Military by Scimitar is possible
Homosexual lifestyle will turn their children gay
Taxing the rich leads to middle class poverty
Alternative fuels reduce the quality of life
Preventing pollution costs more than correcting the problems it causes
Government regulation makes America less safe
If war is possible, it’s the only option
Donald Trump can fix things.
Preventing Obama from passing laws with their help was their only option
Refusing to close Gitmo, while laughing at Obama for promising to
Making gun ownership a sign of patriotism where the more you own, the more you love America
Making empathy a curse word.

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euwe the ape lover January 10, 2016 at 7:39 am

Midnight and all fucked up you dope smoking,American hating faggot?

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Reince Priebus January 10, 2016 at 10:08 am

Posted by a member of the Republican Party “outreach” effort.

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Your Average Republican January 11, 2016 at 9:59 am

The reason black people don’t vote Republican is [racist stereotype].

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flip January 11, 2016 at 10:20 am

Blacks don’t vote Republican because Democrats ensure perpetual welfare for their children and grandchildren.

KoRan DemaThumper January 10, 2016 at 7:44 am

Whoever is president has the lives of hundreds of millions of Americans, and the fate of a nation, in his hands. It is those millions of people and that nation who deserve the benefit of the doubt. We need to err on the side of safety for the people and the country. Squeamish politeness to an individual cannot outweigh that.

We need to keep that in mind for the next president, and for all future presidents. We might have been better off if the question of TRAITOR Obama’s patriotism had been raised before he was first elected. Never should we ignore so many red flag warnings again.

There is little that can be done about TRAITOR Obama now, no matter what he does. Impeachment, even if it succeeded, would mean Joe Biden as president and riots across the country. It is hard to know which would be worse.

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nitrat January 10, 2016 at 9:22 am

Judging by your avatar, what REALLY bothers you about Obama is his race.

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euwe max January 10, 2016 at 1:48 pm

It’s funny watching these morons stick their chest out in rage – like watching a chihuahua bark behind mama’s skirt.

OOOhhhh if I could just…. oooh! I’d… I’d…

From outside the chihuahua’s head, anyone can see the poor little thing doesn’t even have a clue that there’s no out here anything like he thinks is out there.

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Soft Sigh from Hell January 10, 2016 at 5:37 pm

The yipping ratdogs and the snarling hateGOPers both deserve a kick to the curb.

It would do them both good.

euwe ma(x)ggot January 10, 2016 at 5:46 pm

Sen. Lindsey Graham (R-S.C.) corrected a woman who called President Obama a “traitor” during an event on Friday.

“He’s a traitor,” the woman called out during Graham’s appearance at the Sunshine Summit in Orlando, accusing the president of betraying the U.S. with the Iran nuclear deal.

“No, ma’am, he’s not a traitor,” Graham responded. “He just doesn’t know what he’s doing.”

http://thehill.com/blogs/ballot-box/presidential-races/260072-graham-obama-is-not-a-traitor

I disagree.In my opinion he is a traitor.

euwe max January 10, 2016 at 1:42 pm

Republicans are traitors, and worse – they’re pointlessly hateful and stupid in the main… the scum at the edge is especially ghastly.

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Slartibartfast January 10, 2016 at 9:25 pm

This doesn’t sound like euwe. You are logical and care greatly about society. You believe that Democrats are as disgusting as Republicans. Granted, you would give more of my money to people who don’t get their own, but that’s all politics and theology. I sincerely hope you come to see that there needs to be a change to a spirit of personal responsibility on all sides. As you well know, life cannot be better by hiding from our better selves, and we cannot live by wishing. The fact is that Democrats are dreamers and Republicans are farmers. There’s nothing wrong with being either.

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euwe max January 10, 2016 at 9:59 pm

Jesus said something about being “our better selves” and it has nothing to do with what the poor do to earn what they are given.

The world isn’t a better place because we let a person starve or die from a curable disease to show others that Christians aren’t pushovers, or suckers – easy touches ripe for shucking.

Those who want to watch porn, for instance, aren’t for closing strip clubs… or eliminating porn from the internet… so they stay quiet, and find something to complain about that won’t cramp their style – like “killing children in the womb.”

Those who want to increase their wealth at the expense of society, at the expense of the weak – in power – have strong arguments why it’s good for everyone that they are allowed to use bankruptcy to enrich themselves, while those who can’t get million dollar loans borrow for food and shelter, and pay interest on survival, instead of getting interest on “investments.”

Their argument is – fuck the poor, any help they get is an incentive to stay poor… Take less money from the rich – it will be an incentive to them to make more money, and that will create jobs… “a rising tide raises all boats” … bullshit. We saw what happened.

The common man died for the capitalist ideal – to ensure their right to BE rich… to HAVE more power than anyone could ever “earn.” Fight their wars, build their houses, clean the air, water, provide sewage, roads, the internet, software… 99% of the population supporting the infrastructure of the rich, for the good of the rich…

And they’re still whining about the “tax burden.”

Fuck them.

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Slartibartfast January 10, 2016 at 11:28 pm

And I thought I was a cynic! I’m reminded of Plato’s cave. Both of us are seeing shadows. Only one of us is seeing the shadow makers. It would be presumptuous of me to insist that I am the one. The mirror is dark, and we are all fools. All I can tell you is that, in my entire conservative life, I have never said nor wanted to fuck the poor.

You must understand, however, that, because of science, the uneducated poor have no hope of work in the near future, for that will be the universe of the sapient robot. My world of capitalism offers anyone a chance, but each person must be responsible for himself. You do not know what is best for the 99% or even if there really is a 99%. All you know is what you see. DO the 99% need to be told what to do – that they need to survive – and it’s their job, not someone else’s?

Or maybe I’m wrong. Maybe I should sit in the middle of the road and cry until someone tells me what to do, or become pathetic so that someone will give me stuff, or make someone else feel guilty for not paying my tab.

There ARE people in this world who truly cannot help themselves, and with God’s grace we will find every one of the few who actually are needy and help them for their several needs. But as dishonest as our pathetic government is with their useless plans and bureaucratic inadequacies, so is the leadership of the so-called “poor.”

In the end, government can never be the answer, no matter how glorious the ideal, no matter how clever the plan. The only person who can solve the problem is every person who knows there is one and can create for herself. All else is pretension and cowardice.

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euwe max January 10, 2016 at 11:40 pm

From those who are given much, much is required.

Sitting in the road and crying isn’t part of the picture…. as a matter of fact, we are told to ignore the picture – whether we get a gold coin for working all day, or just for an hour.. charity isn’t an option, it’s a commandment.

Fuck the rich.. and I mean that in the most charitable, Christian, Republican sense – of course.

Slartibartfast January 10, 2016 at 11:44 pm

Charity must be voluntary in order for it to be charity. Otherwise, it’s just theft. And actually, it IS an option or there is no free will.

As far as the same coin for work – the parable is about the ultimate payment – salvation, not what everyone should be paid for labor. It’s an argument against supererogation. In any case salvation does not come from good deeds.

In any case, the argument has come full circle. So, good night, my friend.

euwe max January 11, 2016 at 1:48 am

Charity must be voluntary in order for it to be charity.

———-
Is it a voluntary act when the alternative is eternal torment?

Job January 11, 2016 at 6:12 am

euwe is the master of laying false argument on false argument.

euwe is a bright fellow gone to seed. Let him be, everyone in his real life does. He seems on making his dotage a horror for the rest of us.

Daniel Boome January 11, 2016 at 10:04 am

Is performing the tasks required of your job voluntary when the alternative is being fired?

Is eating a voluntary act when the alternative is malnutrition and death?

Is following the law voluntary when the alternative is being put under arrest?

euwe max January 11, 2016 at 12:27 pm

Is not running for the fence in prison because you’ll be tortured for eternity for trying it, voluntary incarceration?

Slartibartfast January 12, 2016 at 11:25 am

Eternally. But your “alternative” is a straw man. It is, in fact an Islamic tenet. Christianity promotes action by Love – the conviction of “Agape,” if you will. Faith without good works is dead. The Christian argument goes, “I love Jesus, and he is in every person, so, as a voluntary act, I will help as many as I can.” The good Samaritan did not give the man in the ditch everything he had, but he helped him until he could help himself. Jesus’s command was, “That you LOVE one another.” Without free will, we are all puppets, which makes us incapable of anything but the actions of a slave. Hence, voluntary acts of helping is the only true definition of Charity. In Latin, Caritas means “LOVE.” The child’s him “Praise Him, Praise Him, All Ye Little Children – God is Love, God is Love” is most apropos, here.

To force someone to give is as Satanic as refusing to help, if you can.

euwe max January 13, 2016 at 7:47 am

What you are presenting is the failure of the conscience as protected in the evaluation of good works.

In other words, you are allowing the damned to claim to be Christian by virtue of “free will” and the stricture against judgement.

If charity is not exercised, no one on Earth can force charity to exist in those not exercising it. In that way, it is voluntary – but charity, as a Christian tenet – is not.

Slartibartfast January 14, 2016 at 12:43 am

Pope Benedict XVI thought the same, but he was wrong too. Your argument is only valid in reverse – there is no failure of conscience if charity is voluntary. But if one is forced to give, charity, which is voluntary, ceases to be voluntary and therefore ceases to be charity. Your and the good Pope’s definition of charity is merely a misuse of definition and syntax. Redistribution without agreement of the funders is nothing more than dishonest theft.

euwe max January 14, 2016 at 2:20 pm

Forced to give
—–
Only those who say “I am not in favor of charity” would call it “force”

Daniel Boome January 11, 2016 at 10:08 am

The world isn’t a better place because we let a person starve or die from a curable disease to show others that Christians aren’t pushovers.

———-

A straw man dressed up as a red herring.

Their argument is – fuck the poor, any help they get is an incentive to stay poor

———-

Not “any help”. Some help, yes. No need for hyperbole.

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these

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nitrat January 10, 2016 at 9:30 am

Wasn’t the purpose of going to court to get a judicial interpretation, i.e. definition, of ‘minimally adequate’ since the legislature chose to be vague when it wrote the state constitution?
Aren’t courts routinely called upon to interpret laws passed by legislators?
How can it be judicial overreach if a court is doing one of the jobs it was created to do?
If you don’t like the courts getting involved with interpreting laws, demand idiot legislators write laws that are perfectly clear. That should be possible.

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flip January 11, 2016 at 8:37 am

I just saw where there is little interest in BCS game tonight-ticket price are sliding lower and lower.
Not surprised when you don’t include the best teams in the country.

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Bible Thumper January 11, 2016 at 9:44 am

I guess Alabama is not one of the best teams.

As of Saturday afternoon, the cheapest ticket listed on StubHub.com was $210. Clemson fans have flocked to the desert to see their team play for its first title since 1981, with tickets on the Tigers’ sideline starting at $600.

Alabama fans, who have seen their team in the title game four of the past seven seasons, have been less enthusiastic about buying tickets to this year’s game, with tickets around $300 on the Crimson Tide’s sideline.

http://www.foxnews.com/travel/2016/01/10/expensive-airfare-keeping-fans-away-from-college-football-title-game/

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flip January 11, 2016 at 10:18 am

Clemson doesn’t belong and Dabo is making a mockery of Clemson.

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Bible Thumper January 11, 2016 at 10:24 am

Clemson’s beat down of Oklahoma, proved Clemson belongs.
Alabama’s dismantling of MSU proves Ohio St. didn’t belong in the CFP.

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flip January 11, 2016 at 10:37 am

Michigan dismantled Florida.Beat em worse than Alabama did.OSU beat Michigan by 30.

Oklahoma was a fraud created to keep OSU out.

flip January 11, 2016 at 10:46 am

Bad news for Haley and yours political ‘soulmate’ today:

EXCLUSIVE: The FBI investigation into Hillary Clinton’s use of private email as secretary of state has expanded to look at whether the possible “intersection” of Clinton Foundation work and State Department business may have violated public corruption laws, three intelligence sources not authorized to speak on the record told Fox News.

This track is in addition to the focus on classified material found on Clinton’s personal server.

“The agents are investigating the possible intersection of Clinton Foundation donations, the dispensation of State Department contracts and whether regular processes were followed,” one source said.

http://www.foxnews.com/politics/2016/01/11/fbis-clinton-probe-expands-to-public-corruption-track.html?intcmp=hpbt1

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Bible Thumper January 11, 2016 at 10:52 am

Yeah. Soulmates. We’ve had a threesome on numerous occasions. I’m even going to write a book about it.

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flip January 11, 2016 at 10:53 am

ha ha…all 3 of ya are liberals….:)

Bible Thumper January 11, 2016 at 10:57 am

Liberal and Muslim. We all support Sharia Gay marriage.

Best Teams in the Country January 11, 2016 at 10:02 am

OSU lost to MSU

MSU lost to Alabama

If Alabama loses to Clemson then you really never had a chance, NOhio.

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flip January 11, 2016 at 10:16 am

Ohio State kicked the shit out of Alabama and is better this year.Ask Brian Kelly from ND who the best team in the country is.

Ohio State would beat MSU 99-100 times.

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mamatiger92 January 11, 2016 at 10:22 am

40-35

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flip January 11, 2016 at 10:34 am

Ohio State 42 Notre Dame 24

Clemson 24 Notre Dame 22 (@ HOME)

Brian Kelly says Notre Dame believes it’s playing ‘best team in the country’ in Ohio State

Brian Kelly says Notre Dame believes it’s playing ‘best team in the country’ in Ohio Statewww.foxsports.com/college-football/story/notre-dame-fighting-irish-ohio-state-buckeyes-best-team-in-the-country-fiesta-bowl-122615

mamatiger92 January 11, 2016 at 10:40 am

Hoping for some Bowie today in “Today’s Tuneage”.

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flip January 11, 2016 at 10:43 am

The Fall To Earth: David Bowie, Cocaine And The Occult
thequietus.com/articles/07233-david-bowie-cocaine-low
The QuietusOct 25, 2011 – Bowie was, and has been, more candid about his drug use during this period than most of his contemporaries, and various associates have

Figures this drug addicted weirdo would be one of your heroes.These dopies were a drain on an entire generation.

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tomstickler January 11, 2016 at 3:19 pm Reply
mamatiger92 January 11, 2016 at 3:33 pm

Pure genius. Was very fortunate to have seen him live in 1987 at the old Omni in Atlanta.

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John January 11, 2016 at 12:02 pm

Candidates for judge should not be asked to agree or disagree with matters that will likely be back in front of that court. Such questions amount to a litmus test..Maybe the reason the other two didn’t answer the questions is that they recognized that it would be inappropriate to do so.

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