SANTA ANA — A 20-year-old man was killed in a Santa Ana shooting and the shooter was at large Thursday morning.
Officers responded about 11 p.m. Wednesday to the 200 block of South Raitt street, near First Street, and found a Honda Accord crashed against a curb and pole and the victim inside with at least one gunshot wound, according to Cmdr. S. Enriquez of the Santa Ana Police Department.
The victim was taken to a hospital, where he was pronounced dead.
A description of the shooter was not immediately available.
The name of the victim was not disclosed.
The intersection of Raitt and First streets was closed after the incident.
Rogelio Martinez-Cuin admitted one count each of gross vehicular manslaughter and hit-and-run with permanent and serious injury, both felonies, as well as a misdemeanor count of driving on a suspended or revoked license due to a DUI, according to court records.
Martinez-Cuin was scheduled to be sentenced Dec. 17.
Martinez-Cuin ran a red light, was inattentive and driving at an unsafe speed, according to the criminal complaint.
Michael David Tomlinson of Aliso Viejo, 51, was riding on Westridge Drive, crossing Woods Canyon Drive, when he was struck by a Volvo about 6:40 a.m. Jan. 30, 2019, according to Carrie Braun of the Orange County Sheriff’s Department. The driver kept going, but witnesses gave deputies a vehicle description, she said.
The vehicle was found about a mile away, and deputies arrested Martinez-Cuin a short distance from the Volvo, Braun said.
The Rams travel to Miami to play the Dolphins in a nonconference showdown, fresh off a Monday night football victory over the Bears. The Dolphins are coming into the game on a 2-game win streak and a bye week.
Legendary former Mater Dei football coach Dick Coury, who helped build the Monarchs into a powerhouse before embarking on a long and successful career at the collegiate and professional levels, died Saturday, Aug. 15, announced Lake Oswego High in Oregon, where Coury’s son Steve is the football coach.
The announcement, from the official twitter account of the Lake Oswego football program, said Coury was 91.
“He treated everyone he came in contact with like they were the most important person in the world,” Lake Oswego tweeted. “Even with all of his accomplishments in coaching, he will be remembered more for the type of person he was.”
While he helped with the Lake Oswego team, Coury also could be spotted at Mater Dei in retirement. He attended the Monarchs’ pre-game ceremony for the 1950 and 1960 team in 2015.
Mater Dei coach Bruce Rollinson, who hoisted Coury’s arm before the 2015 game, played for Coury at Mater Dei.
“I’ve known Coach Coury since around the seventh grade and have always admired him as both a great coach and a great person,” said Phil Anton, a longtime observer of Orange County football and former chairman of the county all-star game.
With COVID-19 exploding in states across the nation, the clamor for a federal mask mandate has correspondingly grown.
Joe Biden promises, if elected, to make wearing a face covering in public compulsory using executive power. Nancy Pelosi has lamented that “mandat[ing] the wearing of masks across the country” is “long overdue.” (California already has imposed a requirement that everyone wear a mask.) But whatever the merits of a national mandate, it runs head on into an insurmountable problem: the Constitution.
Our founders established a national government of limited, enumerated powers, and reserved the authority over everything else to the states. Under federalism, Washington, D.C. can only exercise power in discrete, specialized areas, such as interstate commerce, foreign affairs and taxing and spending on the general welfare. States have long had the primary duty to protect public health and safety, even during a pandemic, where the federal role remains limited to providing funds and supplies, lending technical expertise and medical research and controlling the borders and interstate traffic.
Joe Biden, however, would demand a vast federal power over health, and he would locate it in the executive branch. But that would be a mistake. It is true that the Constitution gives significant power to the president over foreign affairs. There, as Alexander Hamilton observed in Federalist No. 70, “[e]nergy in the Executive is a leading character in the definition of good government.”
But on the domestic front, the Constitution sends Congress to the fore. Justice Robert Jackson once argued in his famous concurrence in the so-called steel seizure cases that presidential power in domestic affairs would reach its zenith when the president acted according to Congress’s authorization, and it would hit its nadir when the president acts contrary to Congress. There is a middle zone where the president is neither acting in accord or against congressional authorization, and so must rely solely on whatever executive power the office has.
There is nothing, however, that authorizes a President Trump now, or a President Biden tomorrow, to mandate face coverings nationwide via executive power. Congress has not enacted any such law for the president to enforce. Masks do not fall under the president’s power as commander-in-chief, nor do they plausibly come within any of his other executive authorities, such as granting pardons or nominating officers.
So the president must rely on Congress, which makes Speaker Pelosi’s demands all the more rich given that the House has yet to mandate masks. She could try and claim some power under the Commerce Clause, which empowers Congress to “regulate Commerce . . . among the several States.” The Founders wanted to prohibit the destructive state protectionism the states that had beset the nation during the early years of independence. Under the original meaning of the Commerce Clause, Congress might be able to require people crossing state lines, or within the streams of interstate commerce, to wear masks. It could even buy all Americans masks. But it cannot compel the large percentage of Americans who are not traveling to wear them.
Biden and Pelosi could point to the Supreme Court’s modern expansion of congressional power. To protect FDR’s New Deal, the court allowed Congress to regulate any intrastate activity that cumulatively had a substantial impact on the national economy. As the economy increasingly grew interconnected, that logically meant that Congress could regulate nearly everything, from petty crime to workplace conditions to air quality. In other words, the constitutional division of power between the national and state governments was dead.
In recent years, however, the Supreme Court has cabined that expansive reading. It has struck criminal laws against gun in school zones and gender violence, as well as Obamacare’s individual mandate, to fall outside the Commerce Clause. It is likely any federal mask mandate Congress passed would suffer the same fate. Wearing a mask is not commerce, though mandating masks would certainly increase commerce. But as a majority of the justices held in the Obamacare case, Congress cannot create commerce in order to then regulate it.
A pandemic certainly affects the national economy. But Congress cannot constitutionally regulate everything and anything that might have an economic effect. Under that logic, Congress could force us to take our vitamins and eat broccoli, sleep enough, stay indoors, wash our hands 10 times each day — the list goes on.
This is not Congress’s domain. The Constitution reserves the “police power” — the power to protect health, safety and morals — in the hands of state governments. Our nation’s response to the pandemic has played out largely along the constitutional design. The federal government has barred those travel from abroad, gave grants to states, universities and companies to help fight the virus, funded research, disseminated information, and helping coordinate public and private efforts. It must be the states that primarily answer the challenge by ordering people to stay home or businesses to close. A majority of states have some kind of requirement that its residents wear face coverings in public. Just as the Constitution envisioned.
In light of the enormous, seemingly all-powerful federal government we are accustomed to today, it may seem quaint to take the position that the federal government cannot do whatever the people want for the good of the nation. But that’s not the constitutional republic we have. And what we do have is worth keeping.
James Phillips is an assistant professor of law at Chapman University’s Fowler School of Law. John Yoo is the Emanuel S. Heller Professor of Law at the UC Berkeley School of Law. John Yoo is Emanuel S. Heller Professor of Law at the University of California at Berkeley, a visiting scholar at the American Enterprise Institute, and a visiting fellow at the Hoover Institution, Stanford University. He is the author of Defender-in-Chief: Donald Trump’s Fight for Presidential Power, to be published on July 28.
Too often, “consumer protection” laws are little more than efforts by established industries to use the government to stifle the competition. One recent example is Assembly Bill 1998, which requires firms that provide direct-to-consumer orthodontics – so-called teledentistry firms – to meet a host of new regulatory requirements.
You won’t be surprised to learn that the bill, which last month passed the Assembly and is headed for a Senate vote, is backed by the state’s dental industry. For instance, the California Dental Association argues that the measure simply ensures that these competitive companies “have the same level of dentist oversight and patient safety as in person … models of dental care.”
That sounds reasonable until one looks at the details of the bill. As the Sacramento Bee summarizes it, the bill “would require teeth-straightening patients to get an X-ray if they don’t already have one in their medical records – regardless of whether a dentist thinks it’s clinically necessary.”
Current law requires teledentistry firms to review a patient’s most recent X-ray and other records before approving teeth-straightening or other treatments, as the Assembly analysis explains. AB1998’s supporters don’t think that goes far enough and want California to mandate brand new X-rays before dental treatment is approved.
The obvious goal is to force Californians to see a dentist, which will provide more work for dentists and dissuade consumers from using these alternative approaches. Some of the bill’s disclosure rules seem reasonable, but its protectionist results are unacceptable.
“(W)e cannot sacrifice patient health and safety in exchange for making billionaires out of tech bros,” said the sponsor, Assemblyman Evan Low, D-Silicon Valley. Teledentistry isn’t primarily about protecting “tech bros,” however, but expanding access to dentistry services to Californians who can’t afford the prices dentists charge.
Like other rapidly expanding telehealth services, teledentistry might not be as ideal as in-person visits, but these it provides lower-income residents with access to the kind of dental care that they’ve never had before. It would be a shame if lawmakers put the demands of the dental lobby above the needs of California residents.
Los Angeles FC forward Bradley Wright-Phillips (66) celebrates after scoring a goal during the second half of an MLS soccer match against the LA Galaxy, Saturday, July 18, 2020, in Kissimmee, Fla. (AP Photo/Phelan M. Ebenhack)
LA Galaxy forward Cristian Pavon, center, attempts to shoot on goal as Los Angeles FC defender Eddie Segura, left, defends during the first half of an MLS soccer match Saturday, July 18, 2020, in Kissimmee, Fla. (AP Photo/Phelan M. Ebenhack)
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LA Galaxy forward Cristian Pavon, center, is congratulated by midfielders Sebastian Lletget (17) and Emil Cuello (27) after scoring on a penalty kick during the first half of an MLS soccer match against Los Angeles FC, Saturday, July 18, 2020, in Kissimmee, Fla. (AP Photo/Phelan M. Ebenhack)
Los Angeles FC goalkeeper Pablo Sisniega argues a call by an official during the first half of an MLS soccer match against the LA Galaxy, Saturday, July 18, 2020, in Kissimmee, Fla. (AP Photo/Phelan M. Ebenhack)
LA Galaxy defender Rolf Feltscher, right, kicks the ball in front of Los Angeles FC defender Diego Palacios (12) during the first half of an MLS soccer match, Saturday, July 18, 2020, in Kissimmee, Fla. (AP Photo/Phelan M. Ebenhack)
LA Galaxy forward Cristian Pavon, center, is congratulated by midfielders Sebastian Lletget (17) and Emil Cuello (27) after scoring on a penalty kick during the first half of an MLS soccer match against the Los Angeles FC, Saturday, July 18, 2020, in Kissimmee, Fla. (AP Photo/Phelan M. Ebenhack)
LA Galaxy midfielder Sebastian Lletget (17) competes for the ball with Los Angeles FC midfielder Eduard Atuesta (20) and defender Eddie Segura (4) during the first half of an MLS soccer match Saturday, July 18, 2020, in Kissimmee, Fla. (AP Photo/Phelan M. Ebenhack)
Los Angeles FC forward Diego Rossi (9) is congratulated by teammates after scoring a goal during the first half of an MLS soccer match against the LA Galaxy, Saturday, July 18, 2020, in Kissimmee, Fla. (AP Photo/Phelan M. Ebenhack)
Los Angeles FC defender Dejan Jakovic (5) and LA Galaxy forward Cristian Pavon compete for the ball during the first half of an MLS soccer match Saturday, July 18, 2020, in Kissimmee, Fla. (AP Photo/Phelan M. Ebenhack)
LA Galaxy midfielder Joe Corona (15) flies through the air after being separated from the ball by Los Angeles FC defender Dejan Jakovic (5) during the first half of an MLS soccer match, Saturday, July 18, 2020, in Kissimmee, Fla. (AP Photo/Phelan M. Ebenhack)
Los Angeles FC forward Bradley Wright-Phillips (66) celebrates after scoring a goal during the second half of an MLS soccer match against the LA Galaxy, Saturday, July 18, 2020, in Kissimmee, Fla. (AP Photo/Phelan M. Ebenhack)
LA Galaxy midfielder Joe Corona (15) wins a header in front of Los Angeles FC forward Latif Blessing (7) during the first half of an MLS soccer match, Saturday, July 18, 2020, in Kissimmee, Fla. (AP Photo/Phelan M. Ebenhack)
Los Angeles FC forward Bradley Wright-Phillips, back, scores a goal past LA Galaxy defender Giancarlo Gonzalez during the second half of an MLS soccer match, Saturday, July 18, 2020, in Kissimmee, Fla. (AP Photo/Phelan M. Ebenhack)
LA Galaxy goalkeeper David Bingham (1) reacts after giving up a goal to Los Angeles FC forward Diego Rossi during the second half of an MLS soccer match, early Sunday, July 19, 2020, in Kissimmee, Fla. (AP Photo/Phelan M. Ebenhack)
LA Galaxy forward Cristian Pavon celebrates after Los Angeles FC forward Latif Blessing scored an own goal during the first half of an MLS soccer match Saturday, July 18, 2020, in Kissimmee, Fla. (AP Photo/Phelan M. Ebenhack)
Los Angeles FC forward Diego Rossi celebrates after scoring a goal past LA Galaxy goalkeeper David Bingham, below, during the second half of an MLS soccer match, early Sunday, July 19, 2020, in Kissimmee, Fla. (AP Photo/Phelan M. Ebenhack)
Well, Zlatan Ibrahimović apparently is going to be available again, his departure from AC Milan said to be imminent. But I’m not sure that’s even going to help the Galaxy, considering the turn that El Tráfico has taken.
The commentators on ESPN’s coverage of Saturday night’s resumption of L.A.’s MLS rivalry nailed it at the beginning of the evening. LAFC has an identity that is fairly evident. The Galaxy still seems to be searching for one.
And so it was that Diego Rossi filled the superstar void more than adequately on another steamy night in Florida. Rossi’s four goals – a penalty, a rebound of a Bradley Wright-Phillips shot, a finish of a Mark-Anthony Kaye pass off a 2-on-1 and a tap-in of Francisco Ginella’s shot in second-half stoppage time – accentuated a 6-2 LAFC victory that pretty well assured it a spot in the knockout round of the MLS Is Back tournament.
Scoring-wise, it was even more dominant than it looked. It was tied 2-2 at halftime, mainly because the Galaxy had bottled up LAFC’s midfield progress, but the two Galaxy goals were an own-goal (Latif Blessing deflected Cristian Pavón’s shot past goalkeeper Pablo Sisniega) and a penalty (Pavón beating Sisniega on a second try after Sisniega came off the line on the first save).
In the second half, the guys from downtown just wore down the guys from Carson. That could have been a consequence of the heat (81 degrees at the 10:30 local time kickoff) and humidity, or it could be a pattern.
The comeback from a two-goal deficit in the late stages Monday night against Houston would suggest the latter, but coach Bob Bradley noted these were two different types of games.
“Against Houston we pushed forward and created chances,” Bradley said on the Zoom conference following Saturday’s game. “Tonight in terms of fluidity and finding ways to connect passes in the first half, as I said, (it) was poor. So, a different kind of game. It’s expected in a derby and (Galaxy coach Guillermo Barros Schelotto’s) experience in derbies and his way of getting his team prepared, we know. So we had to fight through, honestly, a poor half. We were very pleased to get the equalizer before halftime. And then I think at halftime we were able to iron out a few things, and then, of course, it’s hard for them to keep that up.”
It was a weird rivalry game in some ways, given not only the conditions (no fans and that Florida weather) but the circumstances. Not only was there no Carlos Vela, but there was no Chicharito; Javier Hernández was ruled out by the Galaxy shortly before the game because of a calf injury suffered in training Thursday. And LAFC changed goalkeepers, maybe because of those three first-half goals Monday night by Houston; Sisniega made his seventh MLS start and Kenneth Vermeer went to the bench.
But others stepped up. Pavón assumed the striker’s role with Chicharito on the bench, and he had a part in both Galaxy goals, had yet another waved off in the second half on an offside call and created several other opportunities.
So did Rossi.
“I think he’s in excellent form,” Bradley said. “We saw it early in the season, and he worked very hard during the period when we couldn’t train, and you could see as we got back into team training how sharp he was.
“He continues to grow as a player – his maturity, obviously his speed, but also his movement, his way of coming away from defenders, his threat to go deep, those are all things you can see. And his finishing just gets better and better.”
As befits a Los Angeles rivalry, then, there is no shortage of stars, or potential stars, or at least players capable of taking a star turn.
And while the setting and atmosphere were far different than the previous iterations of this matchup, it was truly a derby in one sense: Seven yellow cards, and a lot of players hitting the turf. I think it’s safe to say that with fans or without, LAFC and the Galaxy bring out the best, and the worst, in each other. Isn’t that what a rivalry is all about?
“This is different to play any game without fans,” Rossi said. “When we play in our stadium every game is full, every game the fans are with us, and that is something that’s really important for us because they push us in a good way. So obviously this is different.
“But you have to be smart. The group has to be really focused on what is going on. Yeah, it is different, but it is the new life that we have, and we have to be ready for this.”
LAFC at least has adapted well, after starting out 0-2-3 in this rivalry but ending the jinx with a victory in the Western Conference semifinal last October. Just off of the small sample size this season, two MLS games pre-pandemic and this tournament, LAFC is in a much better place than the Galaxy, with stars or without.
That was underlined Saturday night. And no, Galaxy fans, Zlatan is not walking through that door.
“I was born a highly privileged white lad” on Oct. 19, 1938 in Elmira, New York, the son of Mary Lavinia Johnson Boddie and Rev. Charles Emerson Boddie.
OK, not quite.
The parents, the location and date are true. But didn’t you recognize those opening words as an intended reversal of the now famous words by Steve Martin in his classic movie, “The Jerk”?
The movie opened with Martin saying, “I was born a poor black child.”
These days, race and privilege are becoming two of the most dominant political themes of our times, along with guilt, fault, anger, hate and much more.
Those issues, along with the government mandated shutdowns, pandemics and quarantines, plus the coming or at least historically scheduled POTUS elections, as well as other future yet-to occur significant events of concern resulting therefrom, must be addressed and dealt with.
As a new columnist, in the months ahead I hope to share some of my perspectives on those and other topics in the future. I also hope that you will read and consider some of these ideas, ideals and beliefs as something important enough to at least take a few minutes to read and think about.
Some of my ramblings might be considered new and quite different from the norm for many of you, especially coming from a Black man.
Where I’m coming from
Giants such as Thomas Sowell, Walter Williams, Ronald Paul, James Doti, Milton Friedman, Murray Rothbard, Robert LeFevre, R.C. Hoiles, Alan Bock, David Bergland, Marshall Fritz, David Nolan and scores of other solid moral rational intellectuals who were and are honest about topics have laid the groundwork for my looking in a totally different direction from the norm.
First, some introduction to my background and where I come from.
My roots go back to the Rose Hill Plantation in Rocky Mount, North Carolina. That’s where my great-grandfather, Rev. Coolie E. Boddie, is buried. He was and is the only former enslaved person buried there.
I grew up in Rochester, New York, the son of a third generation of Baptist ministers. In a reflection of the current political climate, someone just in the past week destroyed a statue of my spiritual mentor, Frederick Douglass in Rochester.
As an aside, I submit that all statues should be on private property, where the owner or owners have the legal ability to protect the statue and also receive damages from harm and destruction. If ever a person should be purged and have his history eliminated for actual professed racist words and ideals, it would be Woodrow Wilson.
I moved to Huntington Beach with my wife and three daughters in the fall of 1977. I immediately began my California newspaper experience reading the Los Angeles Times, but in 1979 or so, the editorial section of the Orange County Register caught my attention and I encountered the ideas of R.C. Hoiles, Robert LeFevre and David Bergland, among others.
For many years now I have opined on political matters under the catchy title of “The Boddie Politic.” I taught political science, American government, history and business law at Coastline Community College for almost two decades, retiring in 2017.
I try my best to always function from kindness. I attempt to pursue solutions via collaboration, mediation, arbitration or third-party neutral dispute resolution. I literally hate war and all things and rationalizations attached thereto.
But much of our current political climate is hostile to collaboration, especially on contentious matters like race.
Speaking as a Black man, I must say that white guilt is both sickening and suspect. Regretfully, we have now reached the ultimate stage of absurdity where some people are held responsible for things that happened long before they were even born, while other people are not held responsible for the many bad acts that they themselves are doing today.
On a related note, groups operating under the banner of Black Lives Matter need to be honest in admitting their agenda does not extend to the belief that all Black lives matter. Many are actually more interested in promoting far-left policies and Marxist-Leninist ideologies.
Such divisiveness and ideological presumptions don’t lend themselves to collaboration and mediation. They just make problem solving harder while our nation continues to drift in the wrong direction.
With the massive growth of government, the unbelievable national debt and unfunded pensions throughout this nation, not to mention the tendency of the federal government to pull “stimulus” funds from thin air, I am greatly concerned for my progeny.
Politics as usual won’t save us
The nation has many problems I don’t see getting fixed with politics as usual.
I believe that there are way too many who are in positions of power and influence, and who function totally contrary to those I esteem, and contribute to our current detriment and future demise as a great nation.
Oh, know I’m not a Trump supporter, although his administration has instituted policies that I do believe are important to our future survival.
I favorably view his appointments to the Supreme Court and federal courts, and the Trump administration’s general approach of pulling back overbearing government regulations that have grown and stifled freedom and progress since FDR. I am also pleased that “The Donald” has not fired Ben Carson — yet.
Overall, though, Trump just doesn’t do it for me, with his overbearing narcissism and absence of class. He’s not even close to “being presidential,” like Barrack Obama was. It is my feeling that anything that comes out correct or right from Trump is solely from the rational wisdom of those inside of his inner circle. On the other hand, as Dennis Miller is known to say, “But of course, I could be wrong.”
In my mind: Republican or Democrat, name your poison! That was the theme of my 1992 and 1994 U.S. Senate television commercial ad, and much to my regret, things in our lives are much worse today, to put it mildly.
There is hope
I must say, however, that there is hope for the future of freedom in this nation as long as Americans keep an open mind and genuinely strive to solve problems.
Americans have it in their power to longer accept Tweedledum or Tweedledee, believing they will finally change and actually represent you, the individual citizen. If you believe in “live and let live” then you do have a choice.
For me, I put hope into the Libertarian Party, which since 1971 has been working in a principled and consistent way for everyone’s liberty on every issue, every day.
Even if the LP isn’t for you, once you admit to the fact that the status quo will continue to only represent special interests over you, and seek to continue to be elected or reelected as their sole objective, you can start to see matters more clearly and make a difference.
There is hope, and you can possibly control outcomes in this democratic republic. But to do that, we need to be willing to think outside of the confines of the two-party system and approach problems with the goal of actually solving them.
Richard Boddie is a member of the Southern California News Group’s editorial board.