Ignore activist Judges Kennedy and French

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I was watching television the other day and an ad came up for Judges Kennedy and French claiming they treated everyone equal under the law.  I was exceptionally annoyed and felt forced to act.  I have personal experience that proves the claims made in their commercials are wishful thinking and not backed by their actions.     

This election, no matter what your political affiliation, take action to prevent judges from making up laws that fit their political agendas instead of ruling that everyone has equal protection under the law.    

Shortly I will explain the details about my case. First let me tell you why you should care.  Besides violating the principle that all people should be treated equally under the law, the mistake Justice Kennedy and French made contributed to the waste of almost a billion dollars of tax payer money.  As an example, the same government decision that caused one of my colleagues to leave his job at Wright Patterson Air Force base, as a test manager, is the same decision that prompted the lawsuit where Justice Kennedy and French decided I did not have equal rights under the law.  The week before my colleague left his position, he reported to his supervisor, the engineers were taking short cuts on modifications to the AC-130 Gunship.  Six weeks after he left, his replacement was still not working the program but the government ran a test that resulted in the destruction of a $250 million dollar airplane.  The government mistake that caused my colleague to leave also caused more than 300 other people to leave their positions.  This turnover resulted in over $1 billion dollars of cost overruns, mistakes and waste.  I chose to stay and fight for the US tax payer and the Ohio Court system abandoned us.   

Here is my story, federal law states that rebidding of contracts cannot cause excessive turnover.  When the multi-billion dollar defense contractor that I worked for made a mistake and bid super low during the recession, they came to me asking to renegotiate my salary.  When we decided their desire was too low, I asked when they planned to terminate me.  They said they were not going to terminate me.  Since my employer and I had a written agreement that stated my salary and in that agreement we defined at will employment as the ability for either party to terminate the employment relationship at any time, I informed them that the costs of my services had not changed and if they accepted my services they would be responsible for paying the salary they had agreed to in writing.  They were caught between federal law and their written agreement.  Except, Justice Kennedy and Justice French decided to support a rule made up by the Ohio Supreme Court that says employees do not have any right to negotiate the terms of their contract but instead should quit if they don't like what the company dictates.    

You normally do not get a chance to vote out incumbent judges because in Ohio, lawyers collude to make one election a virtual lifetime appointment, this year you have that opportunity. 

This post starts with a request for you to ignore activist judges like Sharon Kennedy and Judi French because Judge French and Judge Kennedy do not believe in equal protection under the law and it cost you, the American taxpayer at least a billion dollars.  It is understandable that some of you support these two justices and will vote for them for other reasons.  In that case, you can help them become better jurist by letting them know they should do better.  In fact, whether you are voting for them or against them you can let them know.  

Both Justice Kennedy and Justice French provide contact emails on their campaign websites.  Justice Kennedy - contact@kennedyforohio.com and Judge French Campaign Manager - trevor@MatchstickMediaStrategies.com send them emails letting them know you expect them to treat everyone equally under the law.  Composing your own email is best but here are a couple versions you can cut and paste if you desire, first a short version everyone can use.  The second one is composed for supporters of the Judges:

Subject:  Equal justice under the law


You made a mistake by denying Mr. McMasters his day in court.  The Citizens of Ohio deserve decisions consistent with the Ohio Constitution. You should take action to revoke the activist policies erroneously enacted by the Ohio Supreme Court.  


Supporters may prefer this version:

Dear Justice Kennedy and Justice French,

I wanted to confirm to you that I support you and voted for you this election.

I recently was pulled to a Facebook post that asked people to not vote for you claiming you were activist judges that did not treat people equally under the law.  I was in disbelief because I know you are committed to treating everyone equal and to following the Ohio Constitution.  However, after reading Mr. McMasters’ brief to the Supreme Court and hearing about the waste of taxpayer money, I am convinced Mr. McMasters was not treated equally under the law and something needs to be done so, in the future, courts do not contribute to the weakening of our military and taxes are not wasted. 

I encourage you to correct what can be corrected in Mr. McMasters’ case and provide insight so the mistakes made are not repeated and lessons learned can be taught to future generations in the legal profession. 

Thank you for all actions you take to show a renewed dedication to equal protection under the law. 

Your supporter. 


I know that to send an email like the one above, you need to be sure Justice Kennedy and Justice French made a mistake.  I encourage you to read my brief to the Ohio Supreme Court.  It takes about 30 minutes and can be found on the Supreme Court’s website at:  http://supremecourt.ohio.gov/pdf_viewer/pdf_viewer.aspx?pdf=778198.pdf
The beginning of this article leads gives one example that resulted in the destruction of a $250 million dollar airplane.  The lose of each of the 300 engineers, program managers and support personnel did not all result in a $250 million dollar waste but collectively losing these people essentially stopped all development at WPAFB for nearly three years.  We as a nation cannot afford to have a pause like this again. 

Thank you for contacting Judges French and Kennedy. 

See supporting arguments in my filing with the Ohio Supreme Court:    Amended memorandum in support of jurisdiction.



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