The Asbury Park Press uses the phrase "tourtured logic" to describe the thought process of the justices of the New Jersey Supreme Court, when they produced -
...a baffling 17-page opinion issued unanimously Thursday by the state Supreme Court that ruled an illegal alien has the right to collect damages from the state's uninsured motorists fund.
The fund is administered and financed by insurance companies that write automobile policies in New Jersey. Some of the cost of the fund is passed on to motorists who have liability insurance through surcharges.
So legal taxpaying residents should be penalized in favor of transients who have entered the nation illegally. That's progressive liberal thought for you!
Citing a previous case, the court found the fund was established out of a recognition that "there is an economic hardship resulting to those persons referred to in the statute who, without any fault of their own, suffer losses through motor vehicle accidents . . . ." The persons referred to in the statute must be residents of the state.
Now the leftist judges, virtually all Democrat-appointed, cry for our poor lawbreaker:
The case was brought by Victor Caballero, who followed his family from his native Mexico and illegally entered the country in March 2001 when he was 17. The court went out of its way to recount the plight of illegal immigrants seeking a better life here compared to their homeland and how Caballero, in particular, suffered physically and financially as a result of the accident. The opinion even went so far as to explain that Caballero now cannot eat some of the foods he previously enjoyed.
Not exactly using judical restraint, are we? I guess under this type of warped ideology, feelings now trump law...
Two lower courts decided against Caballero, but in reversing the trial court and appeals court, the Supreme Court found that for purposes of the fund, Caballero was a resident of New Jersey — even though Caballero crossed the border illegally and is subject to deportation.
NO, HE IS NOT A RESIDENT OF NEW JERSEY. I AM - I legally reside here, pay taxes here, and pay for my auto insurance here - unlike Caballero, who has no legal residence here, pays no taxes, and carries no insurance. But that's OK - hey, based on this decision, my auto insurance now goes up to pay for the damages incurred by this man, who has absolutely no legal basis to claim residency in this state! But wait - the Court dug deep enough, and came up with this gem:
The Supreme Court found that Caballero's determination to stay in New Jersey and work made his argument that he was a resident stronger. The court took no notice of federal law in this case, it said, because to consider whether Caballero was an illegal alien or not would assume, or possibly usurp, the role of the federal Bureau of U.S. Citizenship and Immigration.
Well, that is an insane arguement to make in order to ignore the laws of the United States - to claim that by applying federal law first and foremost, as they must, they are somehow usurping the very organizations for whom these laws were made? Now I understand why that Michael Savage guy says that "liberalism is a mental disorder". Seems like the Asbury Park Press is inclined to agree, and sets these elitist rapists of the New Jersey middle class straight:
So, seven lawyers sitting on the high court say they can't take judicial notice of federal law. In other words, find a way to get around the conclusion any clear-thinking person would reach: An illegal alien can't be a state resident. Plain and simple, the court chose to ignore the law of the land to legislate its social values in New Jersey. Who knows what floodgates have now been opened?
The court conveniently failed to apply the test of whether this person "without any fault of their own" suffered losses through a motor vehicle accident. Caballero was in the United States, illegally, of his own volition. He was not kidnapped. He deliberately broke the law. Clearly, had he not chosen to break the law, he would not have been in a car accident in New Jersey.
Clear as day, except to the progressives in the liberal New Jersey legal system, who somehow managed to turn this self-admitted lawbreaker into a victim. All at my expense, of course...
At what point will New Jersey drive out the last of its small business owners and middle class residents, all in the name of additional rights for folks like Mr. Caballero?
Watch the liberal disaster that is about to envelop New Jersey - I know, it's hard, but like craning your neck at the scene of an accident, you just will not be able to help yourself...