Another Activist Judge

I've been pondering this one all week.

I'm not eager to come across as insensitive, but here goes.

Federal judge James Robertson ruled the Treasury Department must change currencies so blind people can use them.

The Clinton appointee justified the decision by saying the government violated the Rehabilitation Act of 1973.

The judge said similarities among the bills is a violation.

The Rehabilitation Act prohibits discrimination in government programs on the basis of disability.

Not being a lawyer, I checked the web for the Rehabilitation Act.

The Department of Justice web site gives this summary....

The Rehabilitation Act prohibits discrimination on the basis of disability in programs conducted by Federal agencies, in programs receiving Federal financial assistance, in Federal employment, and in the employment practices of Federal contractors.

It's safe to say it is a stretch to cite the Act and to call the issuance of legal tender a program!

Usually with these types of laws there is a clause that states it will be complied with unless an undue burden is imposed.

Government lawyers argued that changing the size of currency could cost up to $228 million in initial costs and $52 million annually to make currency in different sizes. The least expensive change, adding a raised numeral, would cost $45.5 million initially and $16 million annually. The government estimated it would have to spend another $70 million to $90 million in public education for any changes.

I believe that meets the undue burden clause!

The private sector is raising a fuss because of the cost associated with equipping vending machines to handle any changes in the currency.

The National Automatic Merchandising Association believes the industry would have to spend from $200 to $300 per each of the 7 Million food & beverage machines.

Ironically, at the capitol in Des Moines, the vending machines are run by the blind.

A lawsuit, filed in 2002, by the The American Council of the Blind is how this all began.

Interestingly, The National Federation of the Blind criticized the decision.

They say it misinforms the public about the abilities of blind people.

It is believed that there are 937,000 Americans who are legally blind, meaning their vision is no better than 20/200 when corrected.

The nation recently reached a population of 300 Million.

I was taught the rights of the individual do not supersede the rights of society as a whole.

I think Judge Robertson believes money grows on trees or this country has money to burn.