Federal Court Rules Obamacare Unconstitutional, Jim Hood had said "unlikely"

When House Speaker Nancy Pelosi was asked if Obamacare was constitutional, she could not believe the reporter was serious. Her office went on the record as saying, "That is not a serious question."

When Attorney General Jim Hood was asked to file a lawsuit on behalf of Mississippi against Obamacare, he said back in April of this year it was unlikely a court would find Obamacare beyond the scope of the Commerce Clause:

Given the extremely broad scope of Congress's commerce power under existing case law from the last sixty years, it is unlikely the a court would find the Act with its regulated activity of healthcare and health insurance to be beyond that authority....After hours of research, the consultation with constitutional law scholars, and a review of actions of other states' Attorneys General on the health care reform legislation, we have found no authority to support a suit.

Now that unlikely federal court has ruled. The court ruled:

At its core, this dispute is not simply about regulating the business of insurance -- or crafting a scheme of universal health coverage -- it's about an individual's right to choose to participate....no specifically articulated constitutional authority exists to mandate the purchase of health insurance....an individual's personal decision to purchase - or decline to purchase - health insurance from a private provider is beyond the historical reach of the Commerce Clause...On care review, this Court must conclude that Section 1501 of the Patient Protection and Affordable Care Act - specifically the Minimum Essential Coverage Provision - exceeds the constitutional boundaries of congressional power.

Governor Haley Barbour said:

The decision of the federal court in Virginia is encouraging to all of us who consider the Obamacare law unconstitutional; however, we know the case will ultimately be decided by the U.S. Supreme Court.

The Virginia Attorney General has asked the Supreme Court to rule on this directly rather than going first through an appeals court. If it goes to the Supreme Court, will Jim Hood finally get on board? In his letter to Governor Haley Barbour mentioned above, Hood said:

If some viable cause of action arises during the years of litigation, it would be much cheaper for the state of Mississippi to wait to join the suit when it gets to the U.S. Supreme Court.

It has been months not years, but maybe that won't discourage Hood.

Hood and BP Spill

We wonder if Attorney General Jim Hood made specific recommendations (and if they are on his campaign contribution list) or just generally suggested this practice.

Mr. Feinberg also will announce Monday that anyone who wants a lawyer to help them sort through the new options can have one for free. At the request of Mississippi Attorney General Jim Hood, Mr. Feinberg plans to hire a firm to offer the free legal services to claimants.

Republicans celebrate new PSC Commissioner, McComb Mayor

Republicans are having a good day. Majority in Mississippi posts that the GOP has two new officials elected this week (new mayor and selectman in McComb), plus a new Public Service Commissioner who is a former Democratic legislator and won his PSC in 2007 and will run next year as a Republican. PSC Commissioner Lynn Posey's switch is huge for the GOP.

Guy, Brock appeal fraud

Y'all Politics posts that Attorneys William Guy and Thomas Brock are appealing a federal jury's ruling that they committed fraud in litigation against Illinois Central Railroad. As you will recall, both are significant contributors to Mississippi Attorney General Jim Hood.

Butch Brown and Cancer

We've had a good time poking fun at Butch Brown. But cancer is no laughing matter. We hope for him and his family his treatment is successful and are glad to see he is in good spirits about it.

Former Mayor and Mississippi Department of Transportation commissioner Larry “Butch” Brown recently discovered his prostate cancer has come back for the third time since 2008, but he said everything is business-as-usual at work and at home on his end.

“(Doctors) performed additional biopsies and found that I do have more — and a more powerful — reoccurrence of cancer in my prostate, so now we’re looking at surgical removal,” Brown said.

Despite his diagnosis, Brown said he feels perfectly normal.

“If doctor hadn’t told me I was sick I wouldn’t know I was sick — I feel just fine,” Brown said.

As far as his own health, Brown said he is living his life as usual.

“I’m just going to keep doing what I’ve always done — try to stay out of trouble, keep doing things for MDOT and the City of Natchez and playing with my grandchildren — that sort of thing,” Brown said.

“I’m gonna be here a long time — trust me. The people of Natchez and the people of Mississippi are going to have to put up with me for a long time.”

MDOT: We don't need no stinking traffic lights

This is an example of a city trying to take care of a problem before it happens, and a bureaucracy that won't take steps until after the problem occurs. Sandersville wants a traffic light because of expectations of more traffic once a new casino is open. But MDOT apparently can only react and not solve a problem before it happens.

Sandersville Mayor Walter “Buzz” Jack and other town and county officials met with Southern Transportation Commissioner Wayne H. Brown Wednesday to discuss the possibility of installing a traffic light at the intersection of Highway 11 and Main Street in the small Jones County community.

Brown and Pol said Mississippi Department of Transportation officials have determined that a traffic light is not warranted in the area. Brown said MDOT looked at such things as traffic, concentration, accident records, speed, proximity to the railroad and other factors in reaching its decision.

“Traffic signals do not necessarily reduce traffic,” explained Brown. “Neither do they promote safety.”

Now this is the best part.

He pointed out a section of highway in Gulfport were traffic signals were put up with the expectation of having a safer roadway. However Brown said more than 300 accidents occurred on the section of road that had traffic lights, while only about 45 occurred where there were no lights.

That's right. According to MDOT Commissioner Wayne Brown, traffic lights are dangerous. They increase accidents.

The commissioner told the group that the average cost of a traffic light is $500,000.

A traffic light costs half-a-million dollars. We're all in the wrong business. The good news is we can fix some of the state budget problems. According to Wayne Brown, traffic lights are expensive and dangerous. Why don't we just not install any more?

Still not convinced a traffic light wouldn’t be good for the area, Jack asked if a traffic light could be installed at the intersection if the town and Choctaws partnered to do it.

“No, we will not issue a permit for a traffic light unless it is warranted,” replied Brown. “We’ll look at it again if things change somewhere down the road.”

If something changes somewhere down the road...you mean like a casino opening down the road?

Strain advised those in attendance that the casino is scheduled to open Dec. 20. “We are looking at a daily average of about 500 to 600 cars,” said Strain. “That number may increase during the weekends.”

We suspect there are instances of MDOT putting up traffic lights in anticipation of events rather than just based on past traffic levels.

“We are concerned about safety, not so much for the people going to the casino, but for those who live here,” said Jack. “Once the casino opens, I’m sure we will begin to hear complaints from our people about not being able to get from one side of the road to the other.

“We wanted to avoid some of these things and were looking at a traffic light as a good way of doing it.”

Sandersville, this is really a local problem. It isn't like MDOT created it.

Jack said a traffic light once stood at the intersection, but was removed when the state did some work on Highway 11. He said the town was told that a traffic light or flashing yellow lights would be placed at the intersection, but so far the town hasn’t received anything.

Oh, well, look at it this way Sandersville, MDOT did you a favor by removing that dangerous traffic light. Although it would be interesting to know where that traffic light went. Did it go up somewhere else? Is it in storage? Was it sold? We have determined they are quite valuable. But then again, why anyone would want to buy such a dangerous thing?

One Brown Down

One of the Brown Boys has decided to throw in the towel.

Southern District Transportation Commissioner Wayne Brown said Friday he isn’t running for re-election. He said Friday his announcement was only confirming the obvious. “It’s the worst-kept secret,” Brown said with a laugh.

Mississippi’s three-member transportation commission is likely to look much different soon. In addition to Brown’s replacement, the northern district will also be represented by a first-termer. An election will be held Jan. 11 to replace Northern District Transportation Commissioner Bill Minor, who died in office Nov. 1.

Minor and Brown, both Democrats, often found themselves opposing Central District Transportation Commissioner Dick Hall, a Republican, on major issues including the job performance of MDOT Executive Director Larry Lynn “Butch” Brown.

The new commission may decide the fate of the other Brown.

The 2011 primaries are in August and the general election in November.

Brown's planned departure is a poorly kept political secret. Rumors have swirled for some time that he likely would not seek re-election.

Others already have been lining up for the post, most notably, Senate Highways and Transportation Committee Chairman Tom King, R-Petal. King said Friday that he is taking a hard look at the job and will make a formal announcement in early January.

In the Northern District, the qualifying deadline for candidates is 5 p.m. Friday. Holly Springs resident Ray Minor - Bill Minor's younger brother and business partner - already has turned in his signatures for qualification. Also having met the qualifying deadline are Tippah County District 4 Supervisor Dennis Grisham; Grenada business owner Larry Lee; MDOT employee Larry Lee; and DeSoto County schools transportation director John Caldwell. House Transportation Committee Chairman Warner McBride, D-Courtland, also has announced. Others are eyeing the post.

We hear those in the transportation community view both elections as a referendum on Butch Brown. And that it is not so much a partisan race. For example, it is expected that Ray Minor and Warner McBride, both Democrats, would support Butch Brown. But in the Southern District, the word is that the Republican Tom King would also support Butch Brown.

Wayne Brown has stood behind embattled MDOT Executive Director Butch Brown, who is of no relation.

Central District Transportation Commissioner Dick Hall made a motion to dismiss Butch Brown following the MDOT chief's run-in with the law this summer at the Beau Rivage casino, a vote Hall lost by a 2-1 split.

He actually didn't lose the vote, his motion died for failure to get a second. Bill Minor and Wayne Brown would not even allow the motion to come to a vote.

Butch Brown was arrested in July on a public intoxication charge, which was eventually dropped in return for his agreeing to take anger management classes. Butch Brown was in hot water again in November after he railed on federal U.S. Transportation Secretary Ray LaHood during a meeting of national highway leaders.

Hall said he is planning to seek re-election next year. If he wins, he will be the senior member, but Hall said he's not concerned about training newcomers.

"I'm sure whoever wins will come in and we'll bring them up to speed right quick," he said. "We have a pretty senior staff. Added Hall: "It's no secret I plan to make a change at the top if I get the vote to do that."

We hope voters send Hall some backup so we can see a real change at MDOT.

Report on Jim Hood: 'egregious impropriety in hiring private attorneys'

Thanks to Y'all Politics for this news. A new report Beyond Reproach? Fostering Integrity and Public Trust in the Offices of State Attorneys General criticizes the Attorneys General of six states including, not surprisingly, Mississippi Attorney General Jim Hood. A press release on the report by the American Tort Reform Association describes the problem and offers some of a solution. The Mississippi section of the report is not pretty for Hood.

Mississippi has a long and troubling history of unseemly relationships between the office of the attorney general and plaintiffs’ attorneys. Attorney General Jim Hood was elected in 2003 and has funneled substantial work to his plaintiff lawyer campaign contributors ever since. His tenure as attorney general represents one of the most egregious examples of the impropriety that can be found in the process of states hiring private attorneys.

• Over a five year period following his election in 2003, Attorney General Hood retained at least 27 outside law firms to file at least 20 lawsuits on behalf of the State of Mississippi. These law firms and their attorneys contributed $543,000 to Hood’s campaigns.

• Since 2005 Attorney General Hood has received $149,056 in campaign contributions from Bernstein Litowitz Berger & Grossmann, and the State of Mississippi has contracted with this firm on five lawsuits. Between February 14 - 17 of 2006, Bernstein Litowitz attorneys contributed $25,000 to Hood’s campaign, and on February 21, 2006, Hood selected the firm to represent the Mississippi Public Employees Retirement Fund in a securities class action claim against Delphi Corp. The lawsuit settled for $333.4 million, paying $40.5 million in legal fees.

• The firm Wolf Popper contributed $15,000 to Hood’s campaign on February 22, 2006, and the state of Mississippi contracted with this firm on a lawsuit against Sonus on March 23, 2006. Sonus settled for $9.5 million, including legal fees estimated at $1.5 million.

Legislation similar to the Private Attorney Retention Act has been introduced in Mississippi but has not passed. Even after Dickie Scruggs, the state’s handpicked lawyer, went to jail for bribing a judge, Attorney General Hood has resisted such ethics reforms. Stronger state laws are needed to ensure that private attorneys hired to represent the state are selected through an open and competitive bidding process.

There is plenty more in the report on this problem and Mississippi.

We've been watching this here for a while. Our posts on his relationship with Bernstein Litowitz including a trip to Ireland and "pay to play" tactics, and cartoons on what this does to confidence in the legal system and Robin Hood, and the many, many, many, many calls for more ethics and sunshine in the Office of Attorney General.

More Jim Hood on BP Payments

BP settlement news:

The administrator of BP Plc's (BP.L) $20-billion fund for victims of the worst U.S. offshore oil spill on Wednesday encouraged claimants to file early for final settlements to get the most generous terms.

"I am determined to be more generous than the courts would be..." said Kenneth Feinberg of the Gulf Coast Claims Facility on a conference call as the program stopped taking emergency claims and started work on final settlements.

He warned that Gulf Coast people and businesses who decline to settle and refuse to give BP and its contractors a release from future risk of lawsuits might end up getting less money.

"There is no guarantee that, in the future, a lump sum final payment will be as generous as it will be currently," Feinberg said.

"Until we finish our negotiations with Mr. Feinberg, I advise claimants against signing a release or accepting a final payment without first sharing those payments and paying fees to consulting an attorney," Mississippi Attorney General Jim Hood said in a statement.

Jim Hood on BP Oil Payments

Mississippi Attorney General Jim Hood, a Democrat, criticized Feinberg’s draft of protocols for final payments requiring lawyers to forego their legal fees victims to waive their legal rights to sue BP and other companies tied to the spill.

Butch Brown Agrees to Anger Management; Charges Dropped

That was easy.

The attorney for state transportation director Larry "Butch" Brown says his client will enter anger management classes and, in return, the city of Biloxi will drop a public intoxication charge.

Brown, 67, of Natchez, is executive director of the Mississippi Department of Transportation. He was scheduled to stand trial in Biloxi on charges arising from an incident at Beau Rivage Casino in July.

Brown did not appear in court Thursday.

His attorney, Walter Brown of Natchez, no relation, said if the MDOT chief successfully completes the anger management course, the charges against him will be dropped and his record will be expunged.

Larry Buffington speaks on Judicial Performance and being called an SOB

Monday's debate between Judge Larry Buffington and challenger David Shoemake sponsored by MageeNews.com is available online for viewing.

It lasts about an hour, but here are our favorite parts:

1) Buffington discusses the Judicial Performance charge against him.

2) Buffington and Shoemake discuss the third candidate's (Douglas Magee) endorsement of Shoemake.

3) Buffington says Shoemake called him an SOB and Shoemake explains if he did it was over the case of 15-year-old honor student named Tiffany who didn't want to visit her neglectful parent for which Buffington had a deputy arrest her and take her to jail.

Here are the transcripts.

[43:01]

Question: The Mississippi Commission on Judicial Performance found that you did not have the proper authority to issue subpoenas to two county supervisors to appear before you in a meeting on February 11, 2009. At the meeting you admitted you failed to comply with the law but said you didn't care. The Commission recommended to the Mississippi Supreme Court that you be reprimanded and fined. The Supreme Court has not yet issued its decision. Do you agree with the recommendation by the Commission on Judicial Performance?

Buffington: Absolutely. I messed up. Sixteen years you make some mistakes....I was frustrated; I'll be just as honest as I can be. I had asked the Simpson County Board of Supervisors to meet with me because there had been a controversy about an appointment that I made, a great appointment, a very qualified person, a needed appointment. Three of the supervisors agreed to meet with me. Unfortunately, one of the supervisors particularly said he wanted a subpoena or an order. The other supervisor I was told said the same thing. So out of frustration, because I have always met with the board. If they asked me to meet with them about any kind of situation and I've met with the board. And I thought that, not that they owed me anything, but they owed the office the respect, to meet with me. So I did. Before I thought, I issued the subpoena. The thing about the subpoena was I could have issued the subpoena if I had just set forth what it was. I did not set forth in the subpoena the reason. I made a mistake. I accepted that responsibility. The judicial performance committee has made a recommendation on it and I am in full agreement with it.

[49:31]

Question: Judge Buffington, Simpson County is the largest county in this district and Simpson County native Douglas Magee won a large share of our votes. What would you say to those who supported Mr. Magee to convince them to vote for you in the run-off election?

Buffington: Look at my last 16 years. Doug and I have never had any disagreements. He might have had a disagreement on certain things he wanted to achieve but we've never had any disagreements as far as in court and I would think if they look at me and what I've done they'd want to support me.

Shoemake: Well, Mr. Magee and his supporters are going to support me - [cheers and applause] - and there will be an ad coming out in the paper this week to that effect. But I would say to them, if you want to compare who to vote for, do just that. Go ask other lawyers who have had other lawyers with me, who have had other lawyers with him, ask the people who have had cases with me, ask the people who have had cases with him and inquire if they think justice has been done. When they got a ruling out of the court do they feel they've been treated fairly and has justice been done. When I do my job as a lawyer did I treat them with respect? Did I do what I pledged to do as a lawyer and represent them to the best of my ability? And did I do it and treat them fairly and honestly? People need to go and investigate the people they are voting for for judge.

[53:50]

Buffington: The fact that maybe I've run for other offices, trying to improve what I think is our court system. I'm not ashamed of that. I would do it again. The only lawyer who has ever called me an S.O.B. is standing right beside me right here. So I would ask you to ask the other lawyers in the district as far as how I treat people and how he has treated me at times. And he was a good friend. He is godparent of my youngest child. I have appointed him on cases to represent children where he has made close to a million dollars.

Shoemake: That is absolutely not true and I do want a chance to respond to all of this.

Buffington: And he has and those type things. And I have ruled against him. And he has told everybody I have ruled against him every time he comes in there and I don't. I rule based on the facts and based on what's before me. And I'm going to continue to do that in the future and I hate that it’s gotten down to this. I'm real disappointed it’s gotten down to this. But I'm not going to sit here and be slammed. And I do ask you to check. Check with your court personnel. Check with your local lawyers. Are there two or three that are mad at me? Absolutely. But check with them and see.

Moderator: OK. I'll give you one minute to respond.

Shoemake: Judge Buffington says I called him an S.O.B.

Buffington: Terrell Stubbs was present!

[Terrell Stubbs was standing at the back of the room, at this point he exited the debate hall.]

Shoemake: I don't know whether I did or not, but I know what happened immediately before that in Court. He put that young lady right there on the second row in jail. She was fifteen, a straight-A honor student at Seminary High School. She had not ever caused anybody a problem. She had three part time jobs. She did not want to go with her parent on a weekend visitation when that parent had basically neglected her for the first fourteen years of her life. After all of that. Judge Buffington ordered a deputy to come to the courthouse and take her to jail. Now, in the courtroom, my face never changed. I don't have a lot of personality and I take being a lawyer seriously. I carry a poker face in the courtroom. You never know my emotions in the courtroom. When I got back to his office, in his office with the door closed and with two or three other lawyers there I expressed my opinions on the way he ran his court. And I still have those opinions. And that's one of the things that has pushed me to run for the job I'm running for now. You can talk all you want to, it’s all about kids. But when you put a fifteen year old honor student like Tiffany in jail or threaten her with jail, something is bad wrong.

[Applause]

Debate between Judge Larry Buffington and David Shoemake for Chancery Judge seat, 13th District, MS from Deia Sanders on Vimeo.

Larry Buffington and using the law to silence the media

You remember Larry Buffington. He went nuts when someone "leaked" public information to the press. In his attempt to uncover the hideous crime of giving public information to the press, he issued subpoenas that he later acknowledged broke the law, but he didn't care. For that the Judicial Performance Commission recommended a public rebuke, a case still pending before the Mississippi Supreme Court.

Now, Larry Buffington, the law, and the media collide once again. As we have noted, it appears Larry Buffington may have violated state ethics rules regarding nepotism by ordering supervisors to hire his brother and ordering his brother's level of pay. Additionally, this would seem to violate the Code of Judicial Conduct that says clearly, "A judge shall avoid nepotism and favoritism."

So a citizen files a complaint. Then comes the story in the Clarion Ledger quoting the citizen and the head of the Judicial Performance Commission.

Charlene May of Silver City acknowledged to The Clarion-Ledger that she filed the complaint "because I think the public needs to know he is robbing taxpayers." But the head of the judicial watchdog group charged with investigating complaints and making punishment recommendations said state law dealing with nepotism is fuzzy. "It speaks to specific officers and clerks," said John Toney, executive director of the Mississippi Commission on Judicial Performance.

Now comes the next story. Apparently Larry Buffington and his attorney are attempting once again to use the law to silence the media.

A Silver Creek woman says her judicial complaint against longtime Chancery Judge Larry Buffington has been dismissed because she talked to the media.

This is a woman who saw something wrong. She did the responsible thing and reported it to the authorities. When contacted by the press she didn't run and hide, she said what she did. At what point does any of this clear Larry Buffington of nepotism?

She filed her complaint late last month with the Mississippi Commission on Judicial Performance.

Buffington said Monday he hired his brother four years ago in Lawrence County only because the county prosecuting attorney had a scheduling conflict. He said county supervisors hired his brother in the other counties.

So Buffington can comment on this, but the person who made the allegation can not?

May said she received a call on her cell phone from the commission's Executive Director John Toney telling her that her complaint was voided because she breached the confidentiality clause after her story appeared in The Clarion-Ledger.

That was the same story in which John Toney appeared.

May said she disagrees with her complaint beingdismissed.

"That does not negate what he has done," May said of Buffington. "He committed nepotism."

Toney said he couldn't confirm or deny anything about the case because the commission's work is confidential until the recommendation.

Butch Brown Trial Thursday

Unless something has changed, Butch Brown faces trial tomorrow on a charge of public intoxication.

School Attorney says pink cleats kid "quit"

There is always two sides to every story but so far we've only heard one side. Here are the first comments by the attorney for the school in the silly pink cleats lawsuit.

The attorney for Mendenhall High School football player Coy Sheppard claims the school did not honor its agreement to let him back on the football team last Friday. But, the attorney for the Simpson County School Board says the coach told the high school senior he was back on the team, but he would not be playing in the playoff game. We’re told the coach allowed Sheppard to stand on the sidelines, but he was not in full uniform. "My understanding is that he quit he walked away. He said well I’m done with you and everything and he walks away and that’s it. At no time was he ever forced off the team,” recalls Daniel Jones, Simpson County’s attorney.

The Silliness Continues

The implied threat to the Coach is you better play this guy at Friday's game or else the lawsuit will happen. As we have warned, we are now litigating the decisions coaches make in football. Parents, forget screaming at the coach, just hire a lawyer instead.

Coy Sheppard says he just wants to kick the ball Friday and help his Mendenhall High School football team win.

And he's hoping his coach doesn't reverse field and keep him from dressing out.

Sheppard is practicing with the team this week in preparation for Friday's game against the St. Stanislaus Rockachaws in the third round of the state playoffs. The winner advances to the state semifinals.

The Sheppards sued the school district earlier this month to protest his dismissal from the team. According to the lawsuit, Mendenhall coach Chris Peterson dismissed Sheppard after he wore pink cleats to the Oct. 8 football game and Oct. 11 practice.

Peterson told Sheppard he could not dress out for Friday's game because he had missed too many practices, Diaz said.

Quarterback Arlandas Johnson, who has also been kicking in Sheppard's absence, was injured last week, and it's unclear whether he will be able to play Friday.

Joanne Sheppard said her son just wants to be able to play before his senior year season ends.

Diaz said the original lawsuit had not been dismissed because they were waiting to see whether Coy Sheppard would be "fully reinstated" as the agreement said.

Coaching Through Litigation - or - the other shoe drops

It appears the Mendenhall football coach did not play the kid with the pink cleats after he was reinstated to the football team and dropped his lawsuit. Some people yell at a coach from the bleachers when they don't like what he does. Not anymore. Now its time to sue.

The kid's attorney, Oliver Diaz, said

"So not only is this coach making bad decisions, he is also costing the taxpayers of Simpson County a good amount in legal damages."

Two items to note. First, what is costing the taxpayers of Simpson County is the lawsuit will now include money for the kid and money for his attorney. Second, the team won suggesting the Coach may just not have needed the kid.

In addition to the initial request for punitive damages paid to the American Cancer Society and Susan G. Komen Breast Cancer Foundation, Diaz said, he will be requesting punitive damages for Sheppard, plus attorney’s fees.

Mendenhall defeated Purvis 27-21 in the Class 4A playoffs.

If anyone is costing the taxpayers money, it is the lawyer. If you measure coaching decisions by a win or loss, then the coach did not make a bad decision.

Let's hope for the sake of football that we don't soon add on-field lawyers for players to consult when they disagree with their coaches.

A "silly" lawsuit dropped

It seems the silly lawsuit over a football player's pink shoes has come to an end.

Sheppard, who was kicked off the Mendenhall High School football team last month after wearing the brightly colored shoes for a game and practice, was reinstated Thursday during a meeting with school officials.

The 17-year-old kicker filed a lawsuit against the school district last week to protest his Oct. 11 dismissal from the team. The suit has been dropped as part of Thursday's agreement, his attorney, Oliver Diaz, said.

Sheppard said his goal was to raise awareness about breast cancer.

"As long as this raised awareness, then it's done some good," he said. "I'm just glad to be back on the team."

Attorneys for Sheppard and the district said coach Chris Peterson hugged Sheppard and welcomed him back to the team after the agreement was reached.

"He coaches the team real good," Sheppard said. "I'm glad to be back with him, playing for him."

At last, the Republic is safe once again.

A "silly" lawsuit

A kid wears pink cleats to football practice. His coach tells him not to wear them. The kid ignores the coach and wears them again. The coach says if you won't follow instructions, you're off the team. The kid sues. Former Supreme Court Justice Oliver Diaz is his attorney.

Because students in the Simpson County School District earn academic credit for participating in sports, Diaz said the dismissal has put Sheppard's future at the school in question. "His graduation may be in jeopardy for something as silly as not being allowed to wear pink cleats," he said.

How silly for the kid to put his own graduation in jeopardy by not listening to his coach at practice. He must value his pink cleats more than football, even more than his education. Good for him. One day he can point to those pink cleats on the wall and tell his grandchildren that pink cleats are worth fighting for, even sacrificing your education for.

Another word for "silly" is of course "frivolous."

But wait. It appears pink cleats are not worth fighting for.

Diaz said Coy Sheppard has apologized and promised to leave the pink shoes at home, but so far school officials have not budged.

"All Coy wants to do is play football," JoAnne Sheppard said "If they told him he could play football this weekend, he would go play."

Kid doesn't listen to his coach. Kid gets kicked off the team. Kid still wants to play. Kid now says he will listen to his coach. I bet he will listen to his coach now and more than that the other team members will listen to their coach. That is important to a team.

Should the coach let the kid who learned his lesson to get back on the team? That's up to the coach, but while the kid still wants to play football, it isn't clear he learned his lesson.

Sheppard's suit, filed last week in Simpson County Chancery Court, asks the court to reinstate Sheppard to the football team and clear his disciplinary record. The suit also asks for any monetary damages to be awarded to the American Cancer Society.

So, the kid wants the judge to run football, not his coach. The kid wants a judge to erase the fact that he ignored his coach's instructions. And the kid wants to take money from his school and give it to a charity he supports. It appears the kid doesn't just want to play football, he wants to play football on his own terms, which is what started this whole mess to begin with.

We agree with his attorney. This is silly.

That's a big AASHTO to fill

Marshall Ramsey on Butch Brown's AASHTO comments.