Latest / Ask the Lawyer / 06/29/2023 Ask the Lawyer with Harvey Peyton
Transcript
- 0:00The views and opinions expressed on this program do not necessarily reflect the views and
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- 0:33the power of Paton eight twenty one on five eighty WCHS The Voice of Charleston.
- 0:40It's a Thursday morning. Harvey Payton is here at the Peyton Law Firm
- 0:44in Nitro. Number to call three h four three four five fifty eight fifty
- 0:48eight. Three oh four three four five fifty eight fifty eight anything about the
- 0:53law. Harvey is here to answer your questions. And Harvey, good morning.
- 0:58You drove through the haze? Oh my goodness, crazy, it was.
- 1:00Yeah. I followed the circutest route from exit thirty nine in Tay's Valley,
- 1:07where I entered I sixty four. I immediately exited at the next exited,
- 1:11Crooked Creek, because I guess when you get old, you get more
- 1:15cautious. Maybe, but the visibility was terrible on I sixty four. It's
- 1:19smoke and you can get a touch of fog. Between Crooked Creek and the
- 1:23Canar River Bridge. There there's about a three mile stretch, and in that
- 1:27three mile stretch you've got two entry ramps coming onto the interstate from Crooked Creek
- 1:34in the Valley Road and then from out thirty five, and then you've got
- 1:38two lane shifts going to the bridge, and then you've got the Saint Albans
- 1:42entry ram. I was like entry ramp, which is really a sign,
- 1:47yeah, stop sign, and you know, it doesn't take much on an
- 1:51interstate. Somebody stops, somebody puts their brakes on, and the next thing
- 1:53you know, pal pal pal, because you've got bad visibility and people driving
- 1:57too fast. So I just thought off at Crooked Creek and came out to
- 2:00Valley Road to to the mouth is scarier there, and take a right eight
- 2:07seventeen to Saint Albans And I was going to go across to Institute and get
- 2:12on the Interstate, but the traffic was pretty clear, so I just chugged
- 2:15on up around sixty, which I've driven like twenty thousand times in my lifetime,
- 2:21having grown up in Saint Albans and lived in Nitro and worked in Charleston
- 2:25and around. So just took about ten minutes longer to get here. Yeah,
- 2:30and you can see, you can definitely this is worse than it was
- 2:32several weeks ago. Yeah, it's significantly worse. And I text send a
- 2:38text message to one of my friends and used to be a Labrador this morning
- 2:43saying, hey, you know, thanks, first of all, thanks for
- 2:46sending this to us. Now we'll take the live lobsters and the wheat and
- 2:51the beef out of Canada, but we don't want this fag. I mean,
- 2:53maybe a little timber. My concern now is and I'm supposed to be.
- 2:58I'm going up there at the end of this month for Atlantic salmon fishing
- 3:04adventure and that's in northern Labrador. On One of the big problems is fog
- 3:10off the Labrador Sea, especially especially now since you've got a warming trend in
- 3:15the ocean there, which is attributable to a climate change, you tend to
- 3:20get more fog and you can't fly into these camps. And you know,
- 3:24smokes no different from fog. I've been there before and in Goose Bay when
- 3:29it was touchy to fly southeast out of Goose Bay towards the Atlantic Coast to
- 3:36a brook Drop fishing camp because they were firing mean visibly fire as you could
- 3:39see. And then, you know, a few years ago, my wife
- 3:43and I were going to tour and spend some time at Glacier National Park and
- 3:47then drove down to Yellowstone and we ended up shortening our stay at Glacier and
- 3:53extending our stay at Yellowstone because there were fires at Glacier and we could not
- 3:57Actually we went to the hotel, the Isaac Walton in one of the old
- 4:00iconic hotels there just on the border of Glacier National Park, and went to
- 4:08the front desk. Lay said, well, do you want to check in?
- 4:11Well, you know we're here, and what would be the downside?
- 4:15Said, well, if the fire is right over there on that hill,
- 4:19and you know you can the road is still open between here and Whitefish.
- 4:25If you want to turn around and go back, we don't have any problem
- 4:27because that road is going to be closed here shortly. If you want to
- 4:30check in, you can check in, But if we get an emergency evacuation
- 4:36order, you can't leave in your car and you can't take anything with you.
- 4:39You have to get on one of those buses and the parking lot and
- 4:42we'll take you to a well that's not much of a choice, right,
- 4:45So back to Whitefish, Montana. We went for a couple of days and
- 4:48just drove into the park and the parts that you could could access. It
- 4:51mean, it's a serious problem, obviously, it's you know, I don't
- 4:56know what we do about it. We're this far down the road, and
- 4:59the warming air and more CO two in the atmosphere, so you've got hotter
- 5:03air, you've got air current sutern over, you've got storms now brewing in
- 5:08the Atlantic, and wildfires in Australia and in Central Asia, and here I've
- 5:14we had to accommodate that. Eventually, hopefully we'll find some way to confront
- 5:17this climate change issue that is lawful and not otherwise overly destructive of the economic
- 5:25and standards of living, and we can something we can live with as opposed
- 5:30to dying in the heat. But this morning in Putnam County, West Virginia,
- 5:34the effects are clearly present. It was I've never seen it that bad.
- 5:41Now. We've had some smoke here in the pass from local forest fires,
- 5:45but you can smell the smoke then this is just that particulate. Like
- 5:48the fires. Everybody kind of remembers the fires from years ago that forget what
- 5:54year it was, Virginia Tech game Intown, you know, but you could
- 5:58smell I mean that was those fires were closer by. The neighbor was burning
- 6:01leaves, right, Yeah, you could smell it. Yeah. You know
- 6:04we're in the wilderness here now, bears are everywhere. I just I don't
- 6:09know why I thought about that, but you know, we've had a couple
- 6:12of beer saytings in Day's Valley and in downtown Saint Albans. And so this
- 6:16past weekend, my wife and I were on a sort of a mountain jog.
- 6:19We went to Davis and Canane Valley and Mike Waterfalls, and Drew drove
- 6:23over to Warfield to visit our friends at Warfield and thought, well, let's
- 6:26just take a road trip, A long road trip. I'll say, it
- 6:30does get long when you get over there. Oh yeah, So you went
- 6:31south and instead of turning off at Mouth of Seneca and coming back through Elkins,
- 6:35we just stayed south, went to Green Bank and to see the observatory,
- 6:41and through Marlington and Richwad. I really wanted to do that because I
- 6:44wanted to see what they look like right this seven years after the flood Marlon,
- 6:51there's a lot of resemblance between Marlington and Parsons. You know. There
- 6:56it looks clean and it's neat, but there are less buildings than they were
- 6:59before for and there's some boarded up buildings and the rich Wood it's just rich
- 7:02Wood. We didn't go down on the part of town by the river.
- 7:05We just drove along the high road and didn't see it. Stopped at Granberry
- 7:10Glades, which is delightful. No wildlife until we got to Smithers. So
- 7:15we got to get something to eat. So we stopped the Tutors and Smithers
- 7:18where there's a sign on the door or was said please don't feed the bear.
- 7:24So I asked the lady. I said, man, that's an unusual
- 7:27sign. Was whips out of her phone and says, look at this,
- 7:31and it's two little beer cubs in their dumpster. And then the mother cobs
- 7:34and runs one. Awesome, So we sit out. You know, Tutors
- 7:40based in nightrobes. Better foods right the part of the Kraigo Empire. Food's
- 7:46good, and so to my wife and I ate and we left it to
- 7:48get out of the tutors and smithers. You know where it is up on
- 7:51the bank and you have to pull in and go to your right and put
- 7:55to get out, there's no exit on the far end of the lot because
- 8:00it's up above the ray. You have to go around the building. So
- 8:03we circle around the building and guess who's there by the dumpster? Be the
- 8:05bear, one of little bears, and you know you can't resist. You
- 8:11take a picture of him on your toel on your phone. But that's just
- 8:16a problem. I'll tell you. I thought about it for a day and
- 8:18then uh see yesterday or the day before, I was going down get off
- 8:24the institute to go back to the office and stopped in at Better Food's home
- 8:28office there and Nitro a ray that now runs the operations you really needed.
- 8:33Of course he was surprised and oh my goodness, you know, get up
- 8:37there and called D and R. Get up there and secure that dumpster because
- 8:43they had a chain link fence around the dumpster. But the thought was open,
- 8:46well, you had a chain link fence, I'm gonna stop a little
- 8:48bear. And do you have a liability issues? You know, if you
- 8:52know you've got a wild animal that's frequenting the premises. Think about putting out
- 8:58signs to say, don't feed the bears. Four year olds don't read right.
- 9:03It's like saying caution swimming pool, drowning hazards, stay out. Well,
- 9:07that doesn't work with It was many six year olds, but it was
- 9:13kind of They're just everywhere, it seems in Charleston. I mean, my
- 9:18good friend Tom Hernie, he's a lawyer, attorney with Jackson Kelly, been
- 9:22a friend of mine for decades and he think he knows in the Edgewood area
- 9:26and it's just overrun with raccoons and bears. And South Hills apparently has the
- 9:31same problem. But so the legal let's big news is going to come out
- 9:37today on the legal front night Stay. Supreme Court has had a they've had
- 9:41a busy term and they've decided some cases that have some legal significance, but
- 9:48nobody pays attention to you. They had a venue in jurisdiction case out of
- 9:52Pennsylvania this week that was decided that's decidedly in favor of litigants plain offs,
- 10:01people who bring claims as opposed to the vested interests. It was a case
- 10:05in which Norfolk Southern Railway challenges a suit that was brought in Pennsylvania by a
- 10:11railroad worker who alleged that he had been exposed to hazardous substances as a part
- 10:16of NSA's operations in It was Virginia, and Pennsylvania has a little quirky law
- 10:24that says if when you form a corporation, you can sent to being sued
- 10:30in Pennsylvania by whoever sues you, and it doesn't make any reference or any
- 10:35limitation or where the cause of action arose, or where the venue may be
- 10:39the most convenient you just by virtue of becoming authorized to transact business in Pennsylvania.
- 10:46Agree that that can be a jurisdiction for civil claims. So the man
- 10:52brought a suit in Pennsylvania. I'm not sure whether it was in Allegheny County
- 10:56or over around Philly. Those are pretty good jurisdictions or plaintiffs, particularly in
- 11:01railroad claims. They have a lot of lawyers up there that are familiar with
- 11:03at work. And nor of Exciting brought a motion to dismiss saying that there
- 11:09should be no jurisdiction because there were no contacts between the place where the man
- 11:13was injured, where the work was done, where that the railroad's division that
- 11:20allegedly injured him was situated in Pennsylvania, and that was true, the cause
- 11:28of action arose in Virginia, if at all, And that case made us
- 11:35way through the courts to the United States Supreme Court. And you know,
- 11:41that would be a case where if you the court is biased, as some
- 11:45say, they are, in favor of big business. I think that some
- 11:48of the rulings are more business oriented than I think are appropriate. But that
- 11:56that case would be dismissed and they would say it was McDonald, you on
- 12:01back to Virginia now and bring a lawsuit. No no, no, no,
- 12:03no no. They sustained the spring within the United States, I think
- 12:07in a sixty three decision, obviously it was Thomas and Alito. I mean,
- 12:16the guys who fly around in a million dollars chats and by big businessmen
- 12:20don't generally a rule in favor of railroad workers who've been injured. And I
- 12:24think it was Gorsage would have sustained the position of the railroad. But you
- 12:33know, sixty three opinion, I mean that has some significance. How people
- 12:39do business. We're companies registered to do business the laws that relates to personal
- 12:50jurisdiction, what kind of relief you can get. And that's not one of
- 12:52those big cases. It gets a lot of headlines, but it was a
- 12:54pretty important case for the legal community. The case that got the head was
- 13:00the independent legislature case, which was a huge case North Carolina North Carolina.
- 13:07Was it only North Carolina? There are two states involved because the question was
- 13:16constitutionally and under the Civil Rights Act, whether you know there's clause in the
- 13:24state in the United States Constitution about elections. It says essentially that all elections
- 13:30are a matter to be dealt with by the state, and the legislatures of
- 13:33the state says legislatures doesn't say anything else. And but the the consensus,
- 13:41the overwhelming weight of majority forever has been that, you know, legislatures don't
- 13:52exist independently. They exist in a constitutional framework established by the state, which
- 13:58has checks and balances and allocations of power and courts. And therefore, when
- 14:05it says legislatures, it means legislatures in the practical science as they exist and
- 14:09operate in a democratic system. Not that the founding fathers intended that a legislature,
- 14:16regardless of its makeup could do whatever it wanted to with any election.
- 14:22Now, that's called the independent legislative theory, which has been glommed on by
- 14:30mostly the federalist society sorts, you know, who believe that there should be
- 14:33a group of elitists that know more about things than anybody else and that they
- 14:39should be the ones who vote and exercise authority. And that case was decided
- 14:46that the longstanding precedent prevails that legislature means legislature as it practically exists within the
- 14:56framework of a state government that creates in a constitution, the place that checks
- 15:03and balances on the legislature, and not just some super electoral phenomenon. Moving
- 15:11into the United States Constitution from the beginning, I mean, it's obviously really
- 15:16important to think about it. I think about the think about the alternative to
- 15:20that. I mean, if you just cast us at first of all,
- 15:22casting aside a couple hundred years of president is not good. Fifty years of
- 15:28president being cast aside has caused us enough trouble. And either way I mean
- 15:33plus v Ferguson when that was cast aside, that led to almost open revalion
- 15:39in the Southern States. And now the de facto seggregation of schools all across
- 15:45the South, the creation of private schools and academies. And you know the
- 15:50Stabs decision on Roe v. Wade after fifty years has caused a political ripple.
- 15:54But this case had the Supreme with the United States said, well,
- 15:58you're right, North alnas courts have no authority to intervene in a redistricting case.
- 16:06Well think about that. I mean, then then the race is on
- 16:10to see who can get the number of delegates elected for reasons unrelated to elections.
- 16:15I mean, have you heard any any election ad saying vote for so
- 16:22and so because of the right to life and guns. And by the way,
- 16:30we also want to limit to have exclusive control of the presidential electures.
- 16:34And who's I mean the sence all the candidates are elected on. It's not
- 16:37what they can't paign on. But once they're elected, then they just think
- 16:41about it. If the West Virginia legislature that we know could operate as an
- 16:48independent legislature, well, let's just we have a supermajority. The governor can't
- 16:52veto a bill, the courts can't overturn it. We're just going to say
- 16:56that the only way that you can vote in West Virginia is to appear in
- 17:00person at a polling place, and we're gonna and no county can have more
- 17:04than four. And you have to produce a copy of your tax ticket for
- 17:11personal property or for a real estate, and you have to submit a written
- 17:15ballot which you will execute in the presence of an election official, and then
- 17:19dropping a box. Now, you know that sounds ridiculous, but the only
- 17:23way you can judge the possible outcome of a ruling is to look at the
- 17:27most ridiculous outcome, and that could be it. Now, what would that
- 17:32do for them number of people who vote? And if the point is supposed
- 17:36to have more people vote, right, I mean so that there's greater participation.
- 17:41So that's a great ruling. I thought ultimate today, whether there's a
- 17:45gay rights or religious rights case, it's whether a website designer advertisers you know
- 17:53in the public domain that they provide website services Facebook presence approached by a couple
- 18:00that wanted to have a celebration of their same sex marriage. I don't know
- 18:04what it's men or women, but don't make a difference the designers, So
- 18:08I don't believe in that, and I'm not going to do it. Well,
- 18:11so what's the court going to say about that? But says a state
- 18:14law that says a person who says I right under the United States Constitution to
- 18:22free exercise my religion, part of which is I don't believe in gain marriage.
- 18:26I don't want to support it, and the other says, well,
- 18:30wait a minute, but there's a law in your state that says you can't
- 18:33deprive a public service to anybody. I mean, if you're going to be
- 18:37in business and offer public services, you can't discriminate against on the basis of
- 18:41ABC D and E and E happens to be sexual preference. It's gonna be
- 18:47interesting. That's a it's a big case. The courts shakes. It's gonna
- 18:52be close. It's going to be close. And there's a couple more we
- 18:53want to talk about with Harvey. I want to go ahead and take the
- 18:56break here. It's a thirty nine. Lines are open three or four three
- 18:59four fifty eight fifty eight. Any questions about the law, harveyst here,
- 19:03Lines are open now give him a call. Three oh four three four five
- 19:07fifty eight fifty eight three or four three four five fifty eight fifty eight back
- 19:11in a moment on five eight WCHS. If you want a lawyer who has
- 19:14no nonsense, hardworking and equipped with years of successful experience, you want the
- 19:19Peyton Law Firm. Let Tom and Harvey put the power of Peyton to work
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- 21:00Shouldn't count on us the power upon on your side. The eight forty
- 21:11two on five eight wchs. The voice of Charleston Harvey Peyton with a Payton
- 21:15Law Firm in Nitro is with this just like he is every Thursday morning,
- 21:19either he or Tom. And then I'm gonna call us three or four three
- 21:22four five fifty eight fifty eight three or four, three, four, five,
- 21:26fifty eight, fifty eight, huge day with the U. S.
- 21:29Supreme Court and rulings, and we're kind of previewing those and and Harvey talked
- 21:33about talked about one the LGBTQ rights case. There's also an affirmative action case
- 21:41that's going to be ruled on. There is, indeed, and that involves
- 21:45the admissions policies of Harvard University, which is a private institution, and the
- 21:52University of North Carolina Chapel Hell. I think it's a unified system in North
- 21:56Carolina, which is a public institution, whether those representative institutions and the groups
- 22:03that they represent can consider race as a factor in admissions. It's an usual
- 22:14with the Harvard case. When you think of affirmative action, I mean it's
- 22:19a dog whistle for white supremacists against black people. I mean that traditionally has
- 22:26been there's a quota. Why should we live with quotas hasn't been decided before.
- 22:32It's been a long sense in Michigan, Michigan, the College of Law
- 22:36at Michigan, right, but the Court has said that an institution of higher
- 22:41learning is entitled considered the benefit to everyone of a diverse student body. And
- 22:47so while race can't be the deciding factor as in an absolute quota system,
- 22:52uh, the racial balance of an admission class to a college or professional school
- 22:57can be a a factor to be considered along with others. And that's what
- 23:07they say at Harvard. Now the court would be far better addressed. I
- 23:12think to look at Harvard, at the system of legacy admissions, which make
- 23:18up a huge percentage of the people who get in. I mean, if
- 23:19your parents and grandparents went to Harvard and you're a whet Anglo Saxon Protestant who's
- 23:26had real estate money from New York for two hundred years, you're gonna get
- 23:29in because Paul Paul is going to give them a building. That's the reality
- 23:33of it. This is a forstanging about the Harvard case. The arguments that
- 23:38the opponents of affirmative actions say, race is race, regardless of the race
- 23:44we're talking about. And Asian students tend to be affected in a negative fashion
- 23:51by racial considerations because they're not given the same consideration. Apparently Asian admits are
- 24:00significantly down at Harvard. I don't know, because the court's never really drawn
- 24:04a bright line and said no, it cannot be a factor at all.
- 24:07Now, what can you do with a human mind? I mean, admissions
- 24:11to institutions are governed by the subjective analysis of applicants by those who make the
- 24:22decisions. Even at public schools WVU, when they get to the end of
- 24:26a class selection at the College of Law, they're always multiple applications that have
- 24:33about the same qualifications are right across the dean's desk, and he's got to
- 24:37make a decision, which is usually which is subjective, largely in nature.
- 24:41You're looking see what this person did in high school and college. You look
- 24:45and see what their background is. You know, if you've got somebody who's
- 24:48come from a really bad school system and an inner city with a life scarred
- 24:52by crime and exposure to violence. But they've risen to great heights and I
- 24:59could kemia in their high school career and there, and they've done a lot
- 25:02of things like writing and extracurriculars that would generally describe someone who's of a minority.
- 25:11You know. So, but I don't care what the color they are.
- 25:14They're they're outstanding on paper, and I'm going to admit them. I
- 25:17mean, that's still going to happen and We're gonna have to look at this
- 25:22after the fact and see what the effect is. They have a call,
- 25:23We're gonna go to the line. John, You're on the air with Harvey
- 25:26Peyton. Thanks for calling, John, Go ahead, morning John, Good
- 25:30morning, Harvey. I have a question for you. Have a friend,
- 25:40been a neighbor for many, many years over in Greenboro County, and like
- 25:47many rural people in West Virginia, his property rich, but financially four um,
- 25:56He's had a lot of health issues and I'm sure he's accumulated a pretty
- 26:02big bill with Medicaid. He would like to move his property when he dies
- 26:11through a transfer upon death deed. But I have been reading and hearing that
- 26:19the FEDS can challenge that transfer upon deathed? Is that, first of all?
- 26:26Is that truth? Is there any way to avoid that? Well,
- 26:32a transfer on death needs, like any other transfer, that may be made
- 26:37without adequate consideration with regard to eligibility. For I mean, if he is
- 26:45receiving Medicaid services right now, this has got to be his residence. I
- 26:48mean, if he has significant value real estate that's not residential, that's afar,
- 26:53or that's a piece of commercial property that's an asset which would disqualify him
- 27:00for Medicaid services until he liquidates that and uses it for his own care.
- 27:08So I don't think we've got all the facts on the table here, but
- 27:12let's just talk about the narrow issue of and I would advise him to scoot
- 27:18down to Louisbourg and talk to a lawyer, maybe go over to rich Ford
- 27:21and see what he has to say about estate planning. But yes, you
- 27:26know, when our legislature adopted the transfer undeath deeds, which many other states
- 27:32have, would allowed you to make a transfer at death outside of your estate,
- 27:37outside of probate that retain the effective ownership during your lifetime. The recitations
- 27:45to that code sections specifically state that it's not The purpose is to make it
- 27:51a non probate asset, not subject to claims or look backs. Now will
- 27:56that work? You're talking about a federal program. Kind of state law with
- 28:02regard to the manner which you transfer real estate override a federal program, which
- 28:06says, as far as the residence is concerned, we you know, you
- 28:11can keep it for your entire life. It's not an asset. But after
- 28:15your death, we can look back to that asset to recover all or part
- 28:18of what we've paid. That's what the Medicaid Handbook says. Has it been
- 28:22done in West Virginia. No transfer undeaths have been in a place for well
- 28:30eight years, and we do a lot of them. And I have yet
- 28:34to hear of any case in which the Office of Medicare Medicaid Services, acting
- 28:41through one of their contractors, has glad to go in a certacclaim. In
- 28:45any event, if if five years passed us from the date of the deed
- 28:48until the day of death, it's not. There's no look back anyway,
- 28:53so it never hurts to do it right. There's no guarantee, but the
- 28:57laws that influx. You know, if the federal government, if the US
- 29:03Attorney's Office in any particular district, or if the Legal Division of Wealth,
- 29:10of Medicare Medicaing Services, or the state Department of Health and Human Resources chose
- 29:15to bring in action challenging whether a transferen death deed removed the non probated asset
- 29:22completely from the state look back purposes. I can't predict what the outcome would
- 29:27be. That hasn't been done yet. So my advice to anyone now is,
- 29:33as the law stands right now, it's an exempt asset. It will
- 29:37say it will protect your residents. Now, might that change in the future
- 29:45maybe, but what harm could it do to make the transfer? Right now,
- 29:48if you live five years, it's a it's a fatal complete we say,
- 29:52John, Okay, well, so its as you describe. He's got
- 29:57a small house the property, but he's got acres that is part of where
- 30:07he lives. Well, but that's all. It's all class two I expect
- 30:11if you go over to the to the to the assessor's officer and rumor look
- 30:15at it's Class two residential. Okay, yeah, I mean it's so he
- 30:22could go ahead and do the deed if he chose, and yeah, and
- 30:25apparently that that's if he's now receiving some Medicaid services, then that's already been
- 30:30looked at by somebody to make an asset determine ation that has been excluded that
- 30:33I've never known Medicaid to get it. Now. I've had some where people
- 30:37have an airship interest in property and they report that Medicaid says, will you
- 30:44go to get rid of that, You've got to convert it into cash,
- 30:47then affect your house. Your home is not going to count against just so
- 30:52if he's already receiving Medicaid services and that's been looked at and cleared as an
- 30:56asset, there's no reason right now I can't do the transfer. Okay,
- 31:02okay, thank you very much, harming, thank you, John, great
- 31:04question. Eight fifty two lines are open through four three four five fifty eight
- 31:10fifty eight three or four three four five fifty fifty eight. Now back to
- 31:14the U. S. Supreme Court. There's a decision coming down also today
- 31:18on working on Sunday. You know, that's a big case. The interesting
- 31:25to see how the court deals with the fact that it's a postal worker who
- 31:29you know, then says Postal Service is a quasi governmental organization back since early
- 31:36like nineteen seventy one seventy two. It's no longer a cabinet level position.
- 31:41It's no longer a specific agency of the administrative branch of government. We still
- 31:45have a Postmaster General, but he's selected by this board of director as the
- 31:49US Postal Service, but they're treated as federal employees. Man said he didn't
- 31:57want to work or could not work on a Postal Service center on Sunday because
- 32:01it was his religion specifically prohibited any work on their sabbath, and that case
- 32:09is pending for decision by the Court. That you've had several cases in the
- 32:15past relative to what you can or can't ask an employee to do or not
- 32:20to do based upon their religious you know, firmly set religious belief I think
- 32:28I'll just have to wait and see on this one. Even when you get
- 32:31down to Clarence Thomas and Samuel Alito, who traditionally are the most conservative members
- 32:43of the Court as so far as it relates to the First Amendment and religious
- 32:46practices, this is a far reaching decision because how do you know, how
- 32:51does the how is an employer going to engage in hiring a sufficient number of
- 32:54people to cover their work. It's like you and I were bantering off the
- 32:59air. You look at me, I can look at you without knowing anything
- 33:01more about me than I put on an employment application. I think it would
- 33:08be inappropriate and probably subject an employer to to some action under state laws start
- 33:20making too much inquiry about a person's religious beliefs on employment application. Since our
- 33:24state law says you can't discriminate against somebody because of their religious beliefs, now,
- 33:30So where do you cross that line? And say, listen, yeah,
- 33:31all right, this involves shift to work. Do you have any problem
- 33:34working shift work? The person says, well, I'm a Coptic, and
- 33:44our religious beliefs are that there's a you can't It's like the old Pharisees.
- 33:50You can't drag your foot through the dirt on Sunday because that's like plowing of
- 33:55furrows. I guess you just sit there flat footed and eat without a life
- 34:00before. I don't know what you do, and that's so I can't do
- 34:02it work at all. Well, at that point, what's the employer did?
- 34:06So we're gonna get some guidelines from the court. I don't see ow
- 34:08they're going to carve this one out. I couldn't predict how it's going to
- 34:12come out. The court's really evenly divided on these close free exercise issues.
- 34:19I would say you're looking at a five four or six three at best.
- 34:22Obviously with Alito and Gorsich are probably Alito Gorsich probably well not probably clearly Thomas
- 34:32on one side and was just to have to see what Roberts has to say.
- 34:37And then the student loan case, well, is the President's student loan
- 34:40Forgiveness program constitutional? Well, I well, because is this something that should
- 34:46be left to Congress? Is this a material or can't he make just make
- 34:52the declaration right? Based upon his interpretation of the non specific language of the
- 34:58statute enacted by Congress, my personal prediction is that one's gone. This of
- 35:04course been pretty clear they said at last term in another case, look,
- 35:07you know this is they said it in the EPA cases. You know this
- 35:12is an overreach. You can't use it this general language to rapidly expand the
- 35:19program of Congress wanted to do this, they could have done it. That's
- 35:23just my prediction. And I think it's going to be a File four again
- 35:28with roberts to being the swing guy, and he's the one who has the
- 35:30opinion that the presidential power should be restricted, and they should be. I
- 35:35mean, it's not going to be good for the student loan recipients who are
- 35:39going to feel the brunt of this, which the opinion I predict. But
- 35:45I mean, we've got, in my opinion and everybody has them, that
- 35:49the Spring Court has too much authority right now to point the direction of this
- 35:52country, and the Executives, Ways and Means Committee and the Set of Appropriations
- 35:59Committee and the Speaker of the House and the President of Senate have some they
- 36:05do something. They can enact policies. They can go to the White House
- 36:08and say, look, we're gonna do this, and you're either with us
- 36:10or you're again us. Lyndon Johnson did any probably doing that when he was
- 36:15in the House and the Senate. He didn't have any problem who was president.
- 36:19He knew he had to go to talk to Richard Russell to get a
- 36:22civil rights bill passed. He knew that he had to to get the voting
- 36:29Rights I passed. He had to cut the budget because of the old men
- 36:34in the House and the Senate. So we're just not going to do this
- 36:36with these billion dollars budgets. You go get a can you imagine that?
- 36:38The question was could he get a billion out of the budget? And he
- 36:43called Russell and said, Dick, I got a billion and a half.
- 36:45Now you're you're going to vote for this? Well, Russell wasn't going to
- 36:49vote for it. There's a civil rights bill. He was from Georgia.
- 36:52Said no, but you're not going to be against this. And other than
- 36:55the mouth of the tepe of got to the bottom of it, barely put
- 37:00up Robert Byrd, a second term news senator from West Virginia, made him
- 37:05go out and fillibuster at the floor against the Civil Rights Bill. You didn't
- 37:08see any of the old cows doing it, So are we near star less
- 37:12than a minute? Peyton Law Firm in Nitro, Peyton Law Firm and Nicro
- 37:15the If you're in Platnham or Western Canal or Mason or Jackson, Lincoln County,
- 37:22you're looking for a lawyer to help you with an injury claim case with
- 37:27insurance company. Somebody's done you a wrong. You just can't do any better
- 37:30than calling the Peyton Law Firm. We're not on TV, and we don't
- 37:35fly around in big jets, but we meet our clients face to face.
- 37:38We talked to you, and we get really really good results. And if
- 37:42you want to call us and ask about, well, how about some of
- 37:44your results? We can point it to real people, not actors or people
- 37:47have been scrubbed up and put on a movie screen. Right seven fifty five
- 37:52fifty six. That's the great way. Emails go directly to Harvey and his
- 37:58son Tom. Peyton Law Firm dot com, Peyton Law Firm dot com.
- 38:00Right, happy fourth, Hey, happy fourth of July to do the greatest
- 38:02capture in the world. Happy for America, all right, Harvey, Thank
- 38:07you, Harvey Peyton, the Peyton Law firm in Nitro. ABC News is
- 38:09next. This is five AD w U c HS five A w c H
- 38:27S A M had six point five. That's on Charleston one to four point
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