Support Selective Legislation Appea

[dawnstar@xxxxxxxxxxxxx]

Subject: Re: Support Selective Legislation Appeal Now!!!

Dawn Star wrote:
> 
> >As everyone who has worked so hard on this Burma ban legislation knows
the Massachusetts appeal now has got to go to the US Supreme Court. It is a
powerful and momentous part of legislative history and interpretation and
now obviously more important than ever to leave in the hands of lower
federal judges. This leglisation now must go to the higest legal experts in
the land. And the free burma movement is taking it there.
> 
> Please help and heed the call now to pursue the appeal in the interests
> to the goals of justice for democracy today, and in fairness of free
> trade and commerce to do away with dictatorships and slavery (remember
> this at the end of the 2Oth century?), and not let those who violate
> those gaols in the interests of Big Business laugh their way to the
> bank. Is this the message American justice now wishes to send to the
> world? To make a mockery of the American democratic system, just to
> please Big Business and their proxy military clients, many of them
> trained in US military institutions and trained by US military officers
> all paid for by the US taxpayer? Now during the last few months of the
> century? This century will be remembered as the century of the struggle
> for human rights and democracy against their transgressors. Not a more
> wicked farce over foreign policy decision making could have been
> imagined had it not been so now. When in the course of American
> democracy did the tyranny of judges have common cause over the rights
> and privileges of american citizens and their friends. The people have
> acted, and local, state and national political representatives have
> responded to their demands not to honor the burmese dictatorship with
> public contracts enriched with taxpayer money. Did the White House have
> a secret hand in the federal court decision as many europeans will
> undoubtably ask. Or if there is a clear and rigidily respected
> separation of powers, then why is the voice of the people no longer
> respected?
> 
> The disgrace of the year's sexual media, poltical and legal parade
> glares upon the seriousness of this federal legal interpretation of

> constitutional powers and State's rights that enhance and express the
> federal constitutional decision two years ago by President Clinton when
> on April 22 he signed into effect the US government sanctions law
> against Burma. The federal judge now has clearly undermined the
> leadership of the President as now interpreted by selective purchasing
> legislation across the nation.  Let us hope and act that the voice of
> the people get heard over the tyranny of the judges who ignore it.
> 
> Please support the selective purchasing leglisation now. It would also
> appear that it is now time to strengthen and intensify all boycott
> campaigns.
> 
> Dawn Star
> Euro-Burmanet
> Worldwide TOTAL Boycott
> 
>  REUTERS: US COURT OVERTURNS MASSACHUSETTS BURMA LAW
> > 22 June, 1999
> >
> > BOSTON, June 22 (Reuters) - A U.S. appeals court on Tuesday struck down a
> > Massachusetts law that penalized firms doing business with Myanmar.
> >
> > In a 3-0 ruling, the 1st U.S. Circuit Court of Appeals in Boston upheld a
> > lower court ruling that struck down the law last November, and went
further
> > declaring the 1996 state measure infringed on the federal government's
> > right to make foreign policy and regulate foreign commerce.
> >
> > The ruling puts at risk scores of trade laws passed by other states
such as
> > those involving the MacBride principles that govern business with Northern
> > Ireland, as well as "Buy American" statutes, said Massachusetts Assistant
> > Attorney General Thomas Barnico, who argued for the state law.
> >
> > Cities from Los Angeles to New York and states from North Dakota to Texas
> > supported Massachusetts in defending the so-called ``Burma law'' that was
> > challenged by the Washington, D.C.-based National Foreign Trade Council.
> > Myanmar was formerly known as Burma.
> >
> > The Massachusetts law has been the subject of intense talks between
> > Washington, Japan and the European Union. The EU has filed a complaint
with
> > the World Trade Organization, which was awaiting the decision by the U.S.
> > Appeals Court.
> >
> > "If these judges had been on the bench in the 70s and 80s, Nelson Mandela
> > would still be in prison," said Rep. Byron Rushing, who authored the
> > Massachusetts law that was modeled on earlier anti-apartheid measures.
> >
> > [AP adds:]
> >
> > The state had argued that it is Congress who must decide whether a
state or
> > local government may enact legislation that affects foreign affairs.
> >
> > Congress, the state argued, enacted federal sanctions against Myanmar
> > several months after Massachusetts enacted its law -- and chose not to
> > override the state law. Furthermore, the state isn't regulating
conduct, it
> > is merely choosing how to spend taxpayers' money, attorneys said.
> >
> > NFTC President Frank Kittredge applauded Tuesday's decision, calling it a
> > "full and sweeping" rejection of Massachusetts' right to impose its own
> > economic sanctions.
> >
> > "Massachusetts has no authority in setting foreign policy or being
involved
> > in foreign commerce," he said.
> >

> > He said while the Massachusetts law had limited impact, that ban combined
> > with other state and local sanctions made the U.S. appear as an unreliable
> > trading partner.
> >
> > Attorneys for the state said they were disappointed by the ruling.
> >
> > "We wish it had come out the other way, we're reviewing the decision and
> > considering options," said Assistant Attorney General Thomas A. Barnico.
> >
> > The state has 90 days to decide whether to appeal to the U.S. Supreme
Court.


$$$$$$$$$$$$$

Simon Billenness wrote:
> 
> NEW ENGLAND BURMA ROUNDTABLE
> 
> June 22, 1999
> 
> ======================================================
> 1. Federal Appeals Court Rules Against MA Burma Law
> 2. Take Action: Urge the MA Attorney General to Appeal
> ======================================================
> 
> 1. Federal Appeals Court Rules Against MA Burma Law
> 
> Today, Federal Appeals Court upheld Judge Tauro's ruling striking down as
> unconstitutional the Massachusetts Burma selective purchasing law. It is
> vital that we urge the Massachusetts Attorney General, Thomas Reilly, to
> appeal this unfair and sweeping decision.
> 
> In a broad, 78-page ruling the Court found that the Massachusetts Burma Law
> was unconstitutional on three counts. The Court ruled that the law was
> preempted by the federal sanctions on Burma and that the law impinged upon
> both Congress's powers to regulate foreign trade as well as the federal
> government's foreign policy powers.
> 
> A full copy of the ruling is available at:
> <http://www.law.emory.edu/1circuit/june99/index.html>
> 
> Under the precedent set by this broad ruling, any state or local selective
> purchasing law that indirectly affects foreign trade or foreign policy is
> vulnerable to court challenge. This ruling endangers selective purchasing
> laws with regard to East Timor, Nigeria, Northern Ireland, Tibet and the
> Swiss banks. It also could be the basis for challenge of "Buy America" laws
> and city & state restrictions of the purchase of rainforest or old-growth
> timber.
> 
> Massachusetts Attorney General Thomas Reilly has 90 days in which to decide
> whether to appeal the ruling to the U.S. Supreme Court. Please let him know
> that you want him to continue to uphold the law.
> ======================================================
> 
> 2. Take Action: Urge the MA Attorney General to Appeal
> 
> It is vital that Massachusetts Attorney General Thomas Reilly *immediately*
> hear from people around the country in support of the Massachusetts Burma
Law.
> 
> It is likely that corporations will strongly lobby Attorney General Reilly
> to drop his defense of the law. We need to generate a couple of hundred
> letters to show him that the Massachusetts Burma Law has broad support
> throughout the country.
> 
> Please write or fax a simple one-page letter within the next few days. Feel
> free to make a phone call too but, remember, letters have more impact!
> 
> Attorney General Thomas Reilly
> Commonwealth of Massachusetts, 1 Ashburton Place, Boston, MA 02108
> (617) 727-2200
> (617) 727-5778 - fax

> 
> Here are some suggestions for your letter:
> 
> * Tell Attorney General Reilly that you support the Massachusetts Burma
> Law. Urge him to appeal the recent court ruling against the law to the U.S.
> Supreme Court
> 
> * Include a personal paragraph. Explain your interest in Burma and/or
> selective purchasing laws. If you live in Massachusetts, describe your deep
> roots in your community
> 
> * Thank Attorney General Reilly for his office's strong support for the
> Massachusetts Burma selective purchasing law.
> 
> * Declare your strong support for the Massachusetts Burma Law. Explain your
> outrage that a group of corporations would seek to require Massachusetts to
> do business with corporations that support brutal dictatorships abroad.
> 
> * Reiterate your request that the Attorney General appeal the case to the
> Supreme Court.
> 
> **[[Please send a copy of your letter to the New England Burma Roundtable
> (address below) so that we can gauge the response to our action alerts.]]**
> 
> Thank you for your help!
> 
> If did not receive this action alert directly and would like to be added to
> the New England Burma Roundtable email list, contact Simon Billenness at
> the address below.
> ================================
> 
> Simon Billenness
> *for the New England Burma Roundtable*
> Trillium Asset Management
> 711 Atlantic Avenue, Boston, MA 02111
> (617) 423-6655, x225
> (617) 482-6179 - fax
> sbillenness@xxxxxxxx
> http://www.trilliuminvest.com/
> ==================================================
> "I see my life...as part of a procession, a dynamic process, doing all that
> we can do to move toward more good and justice; a process that is not
> isolated from what has happened before or what will come after.  And I do
> whatever I have to do along the path, whether it's sowing seeds or reaping
> the harvest or tending the plants half grown."
> 
> Aung San Suu Kyi, Burma's democratic leader under house arrest, in "On the
> Issues," Fall '98
> ==================================================