Massachusetts appeals court says term “grandfathering” racist, can no longer be used (Op-ed)

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The stupidity of the left knows no bounds. In Massachusetts, an appeals court has ruled that the term “grandfathering” can no longer be used in its decisions, claiming it’s origins in post-Civil War laws, which prevented blacks from exercising their right to vote, according to Fox News.

The ruling came about relative to a case involving a zoning dispute between two neighbors in Gloucester. The term “grandfathering” is used to explain why new rules or laws may not apply to existing buildings, i.e. a “grandfather clause.”

“Providing such protection commonly is known—in the case law and otherwise—as ‘grandfathering.’ We decline to use that term, however, because we acknowledge that it has racist origins,” said Judge James R. Milkey in a footnote for the state’s second-highest court.

Milkey claimed that the phrase “grandfather clause” comes from a law from the 19th century which created voting barriers for black people, in which he cited a 1982 Columbia Law School Review study conducted by Benno C. Schmidt Jr., the former president of Yale University (itself having a name derived from a renowned slave owner, Eli Yale). The 2002 edition of Webster’s International Dictionary also gave the source for the term’s origin.

“Specifically, the phrase ‘grandfather clause’ originally referred to provisions adopted by some States after the Civil War in an effort to disenfranchise African-American voters by requiring voters to pass literacy tests or meet other significant qualifications, while exempting from such requirements those who were descendants of men who were eligible to vote prior to 1867,” Milkey wrote.

Instead of using the phrase “grandfathered,” the court wrote that the law “provides a certain level of protection to all structures that predate applicable zoning restrictions.”

Regarding the Gloucester case, the court ruled for owners of a waterfront property, who wanted to replace a garage that was in disrepair with a newer one that was three feet taller.

The court said that in the event a property owner had already received a zoning variance, they would be permitted to replace buildings with new ones. In addition, the court ruled that zoning boards were permitted to issue special building permits, “so long as they find that the reconstruction would not be substantially more detrimental to the neighborhood.”

For more on the dysfunction that is the court system, here is a story Law Enforcement Today recently published about a bizarre and maddening decision made by a U.S. Appeals court which vactated the death sentence of one of the Boston Marathon bombers. For more on that, we invite you to:

DIG DEEPER

BOSTON, MA – This is absolutely insane.  It makes you wonder if the rule of law is dead thanks to liberal judges.

In 2013, a day which began like many others, showing promise and hope for many people, including those who made it to the Boston Marathon. 

Athletes who trained and competed for several months, or in some cases, years, to be able to compete in one of the most storied marathons in the world lined up in anticipation to finish the race. 

That fateful day held anything but hope for those that lined up because two terrorists had different plans, to kill and maim as many people as possible because of their radical beliefs in Islam. 

That day, Dzhokhar Tsarnaev and his brother detonated bombs which killed several people, including a child and left several others severely injured.  In the manhunt that followed, Tsarnaev’s brother was killed in shootout with police and he in custody. 

Trial was held which ultimately led to several convictions for Tsarnaev’s crimes and a death sentence, until today when an appeals court overturned the decision.  United States Appeals Court of the First Circuit Judge Rogeriee Thompson vacated the death sentence imposed at Tsarnaev’s trial this afternoon while leaving the life sentences in place.

In Thompson’s ruling, he states that he believes that the Tsarnaev jury may have been prejudiced by the media coverage of the bombing.  He also felt that the prosecutors in the case did not do an adequate job in ensuring that potential jurors had not seen or read any of the coverage on the case. 

There were also claims of misconduct that he also did not believe were investigated to her liking.  Thompson wrote:

“These reports may reflect realty, but the media’s emphasis of these topics carried a significant risk of disturbing potential jurors’ impartiality.” 

Part of the issue with the jurors was presented in arguments in 2019 b Tsarnaev’s lawyers, stating that social media posts were made by two of them before the trial. 

The person who would become the foreperson had posted over a dozen tweets after the bombings, once in which he referred to Tsarnaev as a “piece of garbage.”

Thompson wanted to ensure that, to spite the vacating of the death sentence and firearm convictions that “Dzhokhar will remain confined in prison for the rest of his life, with the only question remaining being whether the government will end his life by executing him.” 

The vacating of the sentence does not mean that the government cannot retry the sentencing phase specific to the death penalty at a later date.

The death sentence was given and imposed in 2015 after he was found guilty of the heinous crimes he committed with his brother.  Tsarnaev admitted, through his lawyers, that he was guilty of the crimes charged, however, said that he would not have committed them if it were not for his brother who radicalized and pushed him to do so. 

The bombing killed 8-year-old Martin Richard, Krystle Campbell, and Lingzi Lu.  Over 280 people were injured as a result of the bombing.

 

After the bombing, both brothers went on the run as police quickly worked to identify them as being responsible for the bombing. 

While they were on the run, MIT Officer Sean Collier was sitting in his patrol vehicle and was shot and killed by Tamerlan Tsarneav before they were pinned down by police. 

Tamerlan was ultimately shot and killed during that shootout while the younger Tsarnaev hid inside a boat that was in the backyard of a private residence.  He was ultimately located and taken into custody. 

 

Although the government has the ability to retry the death penalty sentencing phase, there is no indication as to if that will happen or not. 

There’s a lot that’s stunk about this case since the beginning.  Let’s flash back to this report in November:

Suspect details triple murder with Boston bombers right before he’s shot by the FBI

It’s been more than six years since the Boston Marathon Bombing and a frightening amount of questions still linger. But now we may finally be getting some answers.  

While many were focused on the events of the tragic day, there was some evidence that suggested that one of the bombers had a murderous past BEFORE the bombing took place.  Now, new developments have just appeared that dig into the lives of the Tsarnaev brothers.

Here’s the background before the updates: Dzhokhar Tsarnaev is one of the Boston Bombers. He’s currently on 23-hour a day lockdown awaiting his death sentence, but his attorneys are trying to keep him alive.

Massachusetts appeals court says term "grandfathering" racist, can no longer be used (Op-ed)
Dzhokhar Tsarnaev and his brother set off two bombs near the finish line of the Boston Marathon in April 2013, killing three people and injuring more than 260 people.

 

His taxpayer-funded defense points to the still unsolved murder of three young mixed martial arts fighters in Waltham allegedly committed by Tamerlan Tsarnaev and Ibragim Todashev on the 10-year anniversary of 9/11.

The attorney wants to spin that by saying that Dzhokhar Tsarnaev was afraid of his brother Tamerlan Tsarnaev, who was eventually shot by police and then run over and dragged to death by his brother Dzhokhar while they were on the run.

Well, after months of seeing whether anything would come from the information that Dzhokhar may have regarding the murder is now taking shape. Details about a grisly triple homicide at a Massachusetts residence in 2011 are coming to light, according to a report from WFSB News.

A friend of Tamerlan Tsarnaev admitted to taking part in a home invasion that turned into a triple murder when interviewed by the FBI following the race-day horror.

But then things get strange. The only other person that had admitted to the murders, Ibragim Todashev, was shot and killed during an 2013 interview with law enforcement.

Federal court documents were filed this past Wednesday in connection with a pending appeal by Dzhokhar Tsarnaev, Tamerlan’s younger brother, and Boston bombing co-conspirator, of his conviction and death sentence. The oral arguments are slated to begin on December 12 of this year.

Todashev was shot dead by a Boston FBI agent in the weeks after the marathon bombing — his last words a hand-written blood stained confession about the triple slaying he did with Tamerlan. Though the FBI has repeatedly denied it, rumors are still circulating that suggest Tamerlan was an FBI informant.

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Massachusetts appeals court says term "grandfathering" racist, can no longer be used (Op-ed)

 

While being questioned on May 21, 2013, roughly a month after the attack in Boston, Todashev said he and Tamerlan bound, beat and slit the throats of three young men in the Massachusetts city of Waltham, according to a heavily redacted FBI affidavit filed Wednesday.

An FBI special agent noted in the report that “He said that he and Tamerlan had agreed initially just to rob the victims.”

The name of the agent was blacked out on that portion of the affidavit.

 

Tamerlan had apparently wielded a gun to gain entrance to the home of the now slain men, and both Tamerlan and Todashev had stolen several thousand dollars from the residence.

According to Todashez, Tamerlan “decided that they would eliminate any witnesses to the crime,” according to the document.

The affidavit says that Todashev added that he and Tamerlan put forth efforts to try and wipe the crime scene down in order to remove any traces of either of them being there, apparently spending more than an hour doing so.

While the FBI was interviewing Todashev, their discussion was cut short as Todashev allegedly tried to attack the FBI agent while at the Florida apartment, resulting in him being shot by investigators there.

Interesting coincidence…

Massachusetts appeals court says term "grandfathering" racist, can no longer be used (Op-ed)
(Flickr)

 

Todashev’s account documented in the FBI affidavit sheds light on Tamerlan’s alleged criminal history and use of violence years before he and Dzhokhar Tsarnaev set off two bombs near the finish line of the Boston Marathon in April 2013.

The bombings sparked a manhunt that shut down the city for days and also resulted in the brothers later killing a Massachusetts Institute of Technology police officer. Later that evening, the duo had stolen an SUV the two were chased by police.

Tamerlan Tsarnaev, whom is suspected to be involved in the mentioned murders, died in an explosive firefight with police in nearby Watertown. Dzhokhar Tsarnaev was arrested a day later and convicted for his role in the bombings. He was sentenced to death in 2015.

According to Meghan Fox, a spokeswoman for the Middlesex County District Attorney, the investigation into the Waltham murders is still open and ongoing.

After six years of apparent investigation, unanswered questions still linger. 

Officials do not believe the Tsarnaev brothers built the bombs but have not explained who did.

What about when the FBI and the CIA got warnings about the Tamerlan Tsarnaev in 2011 that he was communicating with dangerous radicals in Dagestan? Tsarnaev was on two terror watch lists when he went to Dagestan in the months before the Boston Marathon bombings to talk to those radicals in person.

When Tsarnaev “beat feet” as one Congressman described it out of Russia in July 2012 no one stopped him from reentry into the US via Boston despite the terror listings. Within weeks the FBI told immigration officials that they saw no problem that should prevent Tsarnaev from being naturalized [despite a 2009 arrest for slapping his then girlfriend that made him ineligible].

Tamerlan and his brother, Dzhokhar, who was a citizen, unleashed the Boston Marathon attack four months later, killing four people, wounding 260 others, among the critically injured 17 amputees.

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