Rehberg Recognizes High School Artists from Anaconda & Whitehall as Winners of 2012 Congressional Art Competition
| Montana’s Congressional Art Competition Grand Prize Winner Madison Dauenhauer’s “A Walk in the Park.” Click here for a higher resolution copy of this artwork. |
WASHINGTON, D.C. – Montana’s Congressman, Denny Rehberg, today announced that Madison Dauenhauer, a senior from Anaconda High School, has been selected as the grand prize winner of Montana’s Congressional Art Competition for 2012. Her artwork, “A Walk in the Park,” will be displayed for one year in the Cannon Tunnel along with the artwork of winners from other congressional districts. Taking the first place honors, Alecia Stone, a senior at Whitehall High School was recognized for her work, “Montana Kodiak,” which will hang in Rehberg’s Congressional office in Washington, D.C.
“As always, the impressive level of talent this year was a powerful testament to the creativity of our young people, the quality of their instructors and the inspirational nature of our state,” said Rehberg. “Hosting the Congressional Art Contest is an honor and a pleasure. I look forward to seeing these works of art on display in the Capitol complex.”
Dauenhauer and Stone’s submissions were selected from among 48 entries submitted from all across Montana in the Congressional Art Competition, a U.S. House of Representatives art competition which has been held annually since 1982.
Dauenhauer’s water color artwork was also the top choice in public voting via the social networking website Facebook. Rehberg posted all entries online for public review and voting to help select the finalists. She is the daughter of Bryan and Susan Dauenhauer of Anaconda. Ellie Deeks is Dauenhauer’s art teacher at Anaconda High School.
“I would like to thank Congressman Denny Rehberg for giving me this once in a lifetime opportunity for my artwork to be displayed in our nation’s capital,” said Dauenhauer. “This art contest is an incredible opportunity for someone like me, from rural Montana, to get exposure for their artwork. In addition, I would like to thank my friends and family and everyone else who voted for me on Facebook. Most importantly I would like to thank my art teacher, Mrs. Ellie Deeks, who has helped me discover my passion for the arts and inspires me on a daily basis.”
Stone’s artwork is done in soft pastel. She is the daughter of Bill and Debra Stone of Whitehall. Her art teacher at Whitehall High School is Kerri Keller.
| First Place Winner Alecia Stone’s “Montana Kodiak.” Click here for a higher resolution copy of this artwork. |
Rehberg Amendment to Protect Malmstrom and Stop New START Passes House
Protects Malmstrom, Nuclear Triad
WASHINGTON, D.C. – Montana’s Congressman, Denny Rehberg, today successfully offered an amendment to the National Defense Authorization Act (NDAA) to protect Malmstrom Air Force Base by prohibiting funds from being used for the reduction of America’s nuclear forces unless the Secretary of Defense certifies that reductions in Russia’s nuclear arsenal are necessary for them to comply with New START. At the time that the Senate voted to ratify President Obama’s benchmark arms reduction treaty, Russia was already below the number of warheads stipulated by the treaty, as well as significantly below the limit on deployed delivery vehicles, like the intercontinental ballistic missiles (ICBMs) at Malmstrom. Rehberg’s Amendment also addressed problematic warhead accounting, failure to limit certain Russian nuclear delivery vehicles, and ensures protection of the nuclear triad.
“The New START Treaty with Russia will go down as one of the worst, most one-sided deals in American history, made all the worse for the danger it poses to Malmstrom’s primary mission,” said Rehberg. “If two countries sign a nuclear arms reduction treaty, both sides have to reduce their nuclear arms, but that’s not what’s happening. The Russians were already well under their quota for nuclear weapons established by the treaty and the first thing they did was increase their arsenal. The Senate shouldn’t have ratified this disastrous treaty to threaten Malmstrom’s missiles, and my Amendment will give President Obama and the Senate a chance to help us clean up the mess they’ve made.”
The Obama Administration signed the New START Treaty on April 8, 2010 and it was ratified by the United States Senate just before Christmas on December 22. The treaty establishes a limit of 1,550 accountable warheads for both the United States and Russia.
After Senate ratification, the initial Russian inventory report revealed that, as of February 2011, they had just 1,537 accountable warheads – 13 fewer than the limit established by the treaty. The second inventory report, released in September, 2011, showed Russia had 1,566 accountable warheads – 16 over the treaty limit, and a net increase of 29 warheads since February. Russia has since reduced that number, but it appears they can comply with the treaty without any warhead reduction whatsoever. What’s more, Russia reported 521 deployed delivery vehicles in the initial report, also well below the treaty limit of 700.
The United States, by comparison, has reduced its accountable deployed warheads by 63 during the time between entry into force and March 1, 2012. Ultimately, the United States will have to reduce its accountable warheads by 250 from the initial level, while Russia will be required to make no reductions. Indeed, Russia will be permitted a small number of additional accountable warheads. This is why New START amounts to unilateral disarmament for the United States.
To address this obvious and embarrassing shortcoming in the Obama-negotiated treaty, Rehberg’s amendment places a funding moratorium on the implementation of New START weapon reductions unless it is certified that the treaty will require a reduction in Russia’s warhead cache to achieve compliance.
Rehberg’s amendment also seeks certification to ensure the Russians don’t take advantage of an accounting loophole, sometimes called the “Bomber Counting Rule” to further increase the number of warheads they have. Specifically, the treaty counts a bomber as a single delivery vehicle, regardless of how many warheads it carries. Russia could therefore increase the number of warheads on bombers and report they are reducing their total nuclear arsenal.
Finally, the Rehberg amendment protects the nuclear triad which includes missile submarines, bombers and land-based ICBMS like those stationed at Malmstrom. The amendment prohibits funds from being used to reduce, convert, or decommission any strategic delivery system if such reduction, conversion, or decommissioning would eliminate a leg of the nuclear triad.
Great Falls, Montana is home to the Malmstrom Air Force Base and the 341st ICBM Missile Wing. As the United States unilaterally disarms, the primary mission at Malmstrom is at risk. The last NDAA required the Administration to reveal its warhead reduction plans within 30 days of December 31, 2011. They have refused to comply with that demand, and still have not revealed their plans although one possible proposal that has surfaced is to simply eliminate an entire wing of ICBM Missiles like the ones in Great Falls. The President has promised that won’t happen, although skeptics point out that he also promised New START was a good deal for the United States.
Rehberg Amendment Blocks United Nations Anti-Gun Treaty
WASHINGTON, D.C. – Montana’s Congressman, Denny Rehberg, today successfully added an amendment to the Fiscal Year 2013 State and Foreign Operations Appropriations bill to block funding to advocate for or agree to any provision of a United Nations (UN) small arms treaty that would restrict the Second Amendment rights of American citizens or further regulate U.S. firearms users or manufacturers. The amendment was adopted in committee by a vote of 30-20.
“The Bill of Rights are simply not subject to the authority of the United Nations or any other international body,” said Rehberg, a member of the Second Amendment Task Force with an A+ Rating from the National Rifle Association. “President Obama and his Senate allies have waged a proxy war on gun rights, appointing anti-gun Supreme Court justices and deferring to international laws. But the Second Amendment is crystal clear, and I’m going to do everything I can to protect law abiding gun owners from President Obama’s dangerous agenda.”
The UN is currently planning on entering into negotiations over an international Arms Trade Treaty that would provide a standard for regulating arms sales internationally. For advocates of the Second Amendment, this poses a number of problems from actual gun rights to a question of sovereignty.
While the previous administration was reliably opposed to entering into talks on a UN Arms Trade Treaty, the anti-gun Obama Administration reversed that position and on October 30, 2009, the US voted in the General Assembly to support UN-sponsored talks on a treaty to regulate the $55 billion-a-year trade in conventional weapons.
While a treaty would require Senate ratification, the Senate has lately been eager to rubber stamp President Obama’s treaty agenda, including most notably, New START which requires unilateral US nuclear disarmament.
“Taxpayer funds should not be used to lobby against our constitutional rights. Law-abiding Americans have the right to keep and bear arms. The scope of the United Nations Arms Trade Treaty could drastically undermine this constitutional right. The NRA firmly believes that the U.N. should never be allowed to be the arbiter of American freedom,” said Chris W. Cox, executive director for NRA’s Institute for Legislative Action. “The NRA would like to thank Congressman Rehberg for his leadership and for offering this vital amendment in support of the Second Amendment.”
Rehberg, House Appropriations Committee Approve Yellowstone County Vets Cemetery Language
WASHINGTON, D.C. – Montana’s Congressman, Denny Rehberg, today joined the House Appropriations Committee in passing the Fiscal Year 2013 Veterans Administration and Military Construction Appropriations Act which includes language permitting the National Cemetery Administration (NCA) to purchase land from cemeteries in eight states, including Montana. These cemeteries would then be given National Cemetery status. There are no active national cemeteries in Montana, Wyoming, Idaho or North Dakota. American Veterans and their spouses are afforded the honor of being buried at national and state cemeteries.
“With four state cemeteries and one of the highest per-capita veterans populations in the country, it’s time for Montana to get an active national cemetery,” said Rehberg, a member of the House Appropriations Committee. “We finally got the VA to acknowledge that using only population to measure cemetery need left rural veteran populations out of the equation, and we’re making steady progress to ensure that Montana’s worthy desire for a national cemetery of our own is honored.”
Despite being home to one of the highest per capita veterans populations in the country, Montana does not currently have an active national cemetery. The Yellowstone County Veterans Cemetery (YCVC), a state veterans cemetery, has consistently been passed over for national designation as a result of urban-centric standards that don’t work in rural states like Montana. The VA requires a new national cemetery if a veteran population of 170,000 or more isn’t served by a national cemetery within a 75-mile radius.
Rehberg has long advocated that, when evaluating whether a region is under-served by national cemeteries, the VA should consider factors beyond the number of vets in an area such as how far they must travel to the nearest national cemetery, the availability of public transportation, and the average cost of transport.
The language included in the Appropriations Committee passed bill specifically addresses rural cemeteries in eight underserved states. It allows the NCA to purchase land to be designated as National Cemeteries. The Administration plans to implement the initiative over multiple years, so not all eight states will immediately have their cemeteries acquired. The two states for FY13 haven’t yet been identified by the NCA.
Rehberg Fights to Include Bill Language to Preserve Montana’s F-15 MANG Mission
Keeps C-27J Mission on the Table for Montana
WASHINGTON, D.C. – Montana’s Congressman, Denny Rehberg, praised the inclusion of language he helped craft in the National Defense Authorization Act (NDAA) which will protect the Montana Air National Guard (MANG) F-15 C/D mission in Great Falls. Montana’s F-15s have been promised to Fresno, California with Montana promised eight C-130s to replace them. This language preserves Montana’s F-15s and, at minimum, protects the C-27Js as a viable future mission for Montana. This language prevents funds from being used to “divest, retire or transfer” any Air Force or Army aircraft.
“One thing I’ve learned on the ranch is to make sure to protect and take care of what you’ve got before trying to expand the herd,” said Rehberg, a fifth-generation rancher from Billings. “The F-15s are a better fit for Montana than any of the replacement missions some have been pushing, and the kicker is that they’re already in Great Falls. Especially for a rural state like Montana, it’s easier to protect an existing mission than to try and grab one from someone else. Montanans expect their representatives to fight for their best interests, and that means not rolling over and letting California take our F-15s without a fight.”
The MANG F-15 mission is scheduled to transfer to Fresno, CA. What mission would ultimately replace them if they are lost is not yet clear. While the C-27J platform has been targeted for cancellation, Texas is not willingly giving up the C-130s that have been promised to Montana.
Working together, the Texas delegation is blocking the transfer of C-130s during FY 2013. If successful, that would leave Great Falls high and dry, as those F-15s would depart to California while their intended replacements would remain in Texas. This is the worst possible scenario for Great Falls. To prevent that from happening, Rehberg worked to ensure the language was broad enough to also prevent the final transfer of the F-15s. This language, which is included in the NDAA, effectively pauses the mission transfers, buying Montana more time, and – critically – keeping the F-15s in Montana for another year.
Rehberg has long warned that Montanans were playing a dangerous game of mission musical chairs and that the smart play was to fight tooth and nail to protect the F-15s. With the F-15 mission, MANG is able to better contribute to national defense and security.
But there are other considerations as well. For example, while the nation is facing record deficits and more than $15 trillion in debt, it costs a lot of money to transfer F-15s to California and then bring a replacement mission to Montana.
And, of course, there are economic considerations as well. The current mission supports 877 positions, 344 of which are full-time. By comparison, the C-27J mission would cost 200 of those jobs, including 75 to 100 of the full-time positions, while the C-130s would cost 144 jobs, including 99 full-time positions.
“Simply put, the best thing for America’s national defense and for keeping jobs in Great Falls is to keep the F-15s in Montana. And if we can eventually add the C-130s to that, then even better. But when your mission on the chopping block, any delay to the fall of the ax is a win,” said Rehberg. “Today Montana was able to hold its own in the House against Texas’ 32 representatives and California’s 53, but we’re not out of the woods yet.”
Rehberg Calls for Independent Counsel in MF Global Investigation
Aims to restore government trust by eliminating Administration’s conflict of interest
WASHINGTON D.C. – Montana’s Congressman, Denny Rehberg, called for an Independent Counsel to take over the investigation into possible wrongdoing in the $41 billion collapse of MF Global, a brokerage firm whose bankruptcy has tied up significant assets for a number of Montana agriculture producers making it difficult to adequately plan their farming and ranching operations. MF Global client assets were allegedly used illegally in the operation of the company. At the helm of MF Global at the time was former Senator and New Jersey Governor Jon Corzine, whose Washington influence and role as a re-election fundraiser for President Obama has been called into question as the Administration’s Department of Justice investigates the case.
“There’s a great deal at stake for some Montana ag producers in this investigation, and it’s vital we move forward without doubt or delay,” said Rehberg, a member of the Congressional Rural Caucus. “Americans are losing faith in government. Every effort we make to restore that trust is important, which is why I support an independent counsel in the MF Global investigation. ”
In a letter to U.S. Attorney General Eric Holder, Rehberg joined a group of other House members in requesting the independent counsel, making the case that Corzine’s Washington connections may have led to regulatory decisions that possibly worsened the situation. The group also warns of the perception of a “…conflict of interest when an individual raises such large sums of money for the President’s re-election campaign ($500,000) and who is at the same time possibly under investigation by an agency or agencies controlled by the administration for possible criminal wrongdoing.”
In January, several Montana farmers filed a lawsuit against MF Global and its business partners accusing the firm of illegally using segregated customer accounts to fund risky investments. Around 38,000 farmers and ranchers were involved in commodity trading through MF Global. Federal officials say they have been unable to account for an estimated $1.2 billion in customer money.
Marty Klinker, a Fairfield farmer, is a plaintiff in the lawsuit against MF Global and has been among the strongest proponents of holding the company fully accountable for client reimbursement and prosecuted for alleged illegal activity. Klinker supports the call for an independent counsel, “I want to thank Denny for standing up for Montana’s farmers and ranchers against MF Global’s reckless actions,” he said. “He’s taken the right approach to this serious issue, and I hope the Department of Justice will listen to his call for an independent investigator. Jon Corzine is not above the law, and I encourage the Obama Administration to make sure those involved in any illegal activity are held accountable.”
Letter to Attorney General Holder below:
The Honorable Eric Holder
Attorney General of the United States
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530
Dear Attorney General Holder,
We are writing to request the appointment of an Independent Counsel to take over the investigation into possible criminal wrongdoing surrounding the collapse of MF Global. At a time when the American people’s confidence in government has been badly eroded by repeated examples of waste, fraud and professional misconduct by government officials and agencies, even the perception of impropriety and special treatment of certain individuals must be avoided at all costs.
This is especially important in regard to the case of MF Global. The firm’s CEO at the time of the firm’s bankruptcy was Jon Corzine, a former United States Senator and Governor of New Jersey. Due to Mr. Corzine’s long tenure in both the financial services industry and as an elected official, he naturally developed many relationships with highly placed individuals in the government who are very close to the investigation of the MF Global collapse. For example, Mr. Corzine was a former colleague of the Honorable Gary Gensler, the current chairman of the Commodity Futures Trading Commission (CFTC), the agency that had primary responsibility for regulating MF Global, a Futures Commission Merchant (FCM), prior to its bankruptcy as well as investigating what went wrong post-bankruptcy, particularly with respect to violations of the Commodity Exchange Act that are designed to protect customer funds.
We have learned through various investigations, including the one being lead by the House Financial Services Committee’s Sub-Committee on Oversight & Investigations, that there has been a pattern of regulatory behavior beginning in the summer of 2011, and continuing to this day, which afforded preferential treatment to MF Global at the expense of parties who are to be protected by governmental agencies, such as the CFTC and SEC. Those parties include customers, shareholders and bondholders, and the general public. Prior to the demise of MF Global, as the result of the direct lobbying efforts of Mr. Corzine and other high level executives, the CFTC delayed certain regulatory changes that would have enhanced customer protections. Specifically, CFTC records show that Mr. Corzine had phone meetings with CFTC Chairman Gensler and Commissioner Chilton on Jul 20, 2011 regarding changes to rule 1.25. This rule change had been unresolved since being proposed on November 3, 2010, which would have restricted the allowable investments that customer funds could be placed in. These changes, which would become known as the “MF Global Rule,” were hastily enacted only after the firm failed. Further, the SEC delayed the release of information regarding the dire financial situation at MF Global, the material disclosure of which would have been of great value to investors and customers, and could have mitigated their losses.
In addition, it was revealed on Friday April 21, 2012 that Mr. Corzine was listed as a “first quarter volunteer fundraiser” by President Obama’s campaign, having raised over $500,000 for the President’s re-election. Clearly it would not strain credulity for the American people to perceive a conflict of interest when an individual raises such large sums of money for the President’s re-election campaign and who is at the same time possibly under investigation by an agency or agencies controlled by the administration for possible criminal wrongdoing.
In fact, the Independent Counsel Provisions in the US Code, 28 USC § 591, provide for the Attorney General to appoint an Independent Counsel in cases where “an investigation or prosecution of a person by the Department of Justice may result in a personal, financial, or political conflict of interest.” Clearly the case of MF Global and Mr. Corzine falls under this section.
We wish to be clear that, at this time, we have no direct evidence that either your office or the Department of Justice is providing special treatment in this case. However, as we previously stated, perception matters a great deal in times such as this, especially in light of the fact that the SEC and the CFTC structured this bankruptcy in a manner that many experts agree puts the customers of MF Global at a disadvantage, as well as conducted a series of questionable actions that may have resulted in direct harm to the public interest, we believe that an independent investigation is urgently needed.
In order to begin the long and difficult process of restoring the trust and confidence of the American people in their government, and to reaffirm that every American is treated equally under the law, we are calling on you to appoint an Independent Counsel for the investigation regarding MF Global. We look forward to your prompt reply.
Rehberg Second Amendment Provision Survives Anti-Gun Obama Veto Threat
WASHINGTON, D.C. – Montana’s Congressman, Denny Rehberg, today praised the U.S. House for standing up for Second Amendment rights in the face of ongoing anti-gun efforts on the part of President Obama and his allies in the House and Senate. Language, which Rehberg included in the Fiscal Year 2013 Commerce, Justice and Science Appropriations Bill, drew an Obama Veto threat but the House stood behind Rehberg and refused to remove it from the underlying bill.
“The Obama Administration fundamentally dislikes guns, and more importantly it distrusts gun owners,” said Rehberg, who has an A+ Rating with the National Rifle Association. “The President and his allies in Congress are pursuing an anti-gun agenda with small, seemingly harmless steps instead of large obvious leaps. Tracking legal purchases of legal guns is just one example of federal overreach designed to make legal activity seem suspicious. The ATF continues President Obama’s shadow campaign to implement new gun control regulations without the approval of Congress. We know where the House stands on gun rights, let’s hope the Senate will stand up to the President in support of the Constitution.”
On April 26, 2012, Rehberg successfully offered an amendment to fight an attempt by the Obama Administration to use an obscure regulatory process to track the purchases of firearms in four border states. Rehberg’s amendment to the FY13 Commerce, Justice and Science House Appropriations Bill would prevent the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) from using federal funds to track the purchases of gun owners who buy multiple rifles within a certain time period.
It is now up to the Senate to choose whether it stands with President Obama against gun rights or with Rehberg in support of the Second Amendment. Last year, similar language was included by the House but could not get enough support to pass in the Senate.
Rehberg Urges Senate To Stop Playing Politics With Student Debt
WASHINGTON, D.C. – Montana’s Congressman, Denny Rehberg, today released the following statement encouraging the United States Senate to stop using student debt as a political football. Last month, Rehberg and the House passed the Interest Rate Reduction Act (H.R. 4628) to prevent interest rates from doubling from 3.4% to 6.8% on July 1, 2012 for new federally subsidized Stafford Loans to undergraduate students. To prevent this rate reduction from adding even more to the debt – which would basically transfer the burden for college students from one loan to another loan – this legislation repeals the Prevention and Public Health “Slush” Fund (PHHF), created in President Obama’s health care law. The Congressional Budget Office estimated that preventing the interest rate increase would cost nearly $6 billion, while repealing the PPHF would save $12 billion. The additional $6 billion will go toward deficit reduction.
“Montana’s students and young professionals are graduating with more student debt than any generation before, and it’s irresponsible for President Obama and his Senate allies to manufacture controversy to get a leg up in an election. This is simple. Republicans and Democrats alike agree that Congress needs to stop student loan interest rates from doubling. Republicans and Democrats alike have already voted to redirect funds from the President’s health care slush fund. The House has already passed legislation to marry these two bipartisan goals into a workable solution that benefits Montana students. Unfortunately, President Obama and his Senate allies seem less interested in making things easier for students and more interested in creating problems so they can assign blame later.”
Rehberg Posts 2012 Congressional Art Competition Entries on Facebook for Public Vote
WASHINGTON, D.C. – Montana’s Congressman, Denny Rehberg, has posted 48 entries from Montana high school students on his Facebook page. Facebook users are encouraged to visit the site in order to view the submissions and vote for their favorites. The entries with the most votes will be included among the finalists for the contest.
“Montana is an inspirational place to live, so it’s not surprising that high school students – under the tutelage of excellent art teachers – exhibit such diverse artistic talent,” said Rehberg. “This year’s contest is again truly interactive, as the Facebook users will vote for their favorite submissions, helping me to select the finalists. I hope everyone will log on to take a look.”
The annual Congressional Art Competition began in 1982 to showcase the artistic talents of the nation’s students. A grand prize winner and runner-up entry will be selected from among the Montana submissions. The winner’s artwork will be on display for one year in the Cannon Tunnel, a pedestrian walkway leading to the United States Capitol. The walkway is frequented by Members of Congress, staff, and the general public as they enter the Capitol Building. The first runner-up’s entry will be displayed for the public in Rehberg’s Washington, D.C. office. Honorable mentions may also be selected for display in Rehberg’s Montana offices.
Facebook voting is open through Sunday, May 6, 2011. Rehberg’s Facebook Page can be viewed at: http://www.facebook.com/denny.rehberg.mt
Rehberg Votes to Protect College Students from Loan Rate Hike
WASHINGTON, D.C. – Montana’s Congressman, Denny Rehberg, voted for the Interest Rate Reduction Act (H.R. 4628) to prevent interest rates from doubling from 3.4% to 6.8% on July 1, 2012 for new federally subsidized Stafford Loans to undergraduate students. As the Chairman of the Appropriations Committee that oversees federal spending on education, Rehberg has a long track record of support for students, including critical reforms to save the Pell Grant Program from collapse.
“College students face enough challenges in President Obama’s economy and doubling interest rates on student loans shouldn’t be one of them,” said Rehberg. “I’m glad the House took decisive action today, and I hope the Senate will vote on it soon. In the meantime, I’ll keep fighting for Montana’s students so they’ll have jobs when they graduate and won’t be saddled with federal debts and the resulting inflation.”
Rehberg has pointed out the hypocrisy of Congressional leaders who lament the increase in student loan interest rates while voting with President Obama to add more than $5,000,000,000,000 in principal to the federal debt that these same students will have to repay.
To prevent this rate reduction from adding even more to the debt – which would basically transfer the burden for college students from one loan to another loan – this legislation repeals the Prevention and Public Health “Slush” Fund (PHHF), created in President Obama’s health care law. The Congressional Budget Office estimated that preventing the interest rate increase would cost nearly $6 billion, while repealing the PPHF would save $12 billion. The additional $6 billion will go toward deficit reduction.
The PHHF is administered by the Secretary of Health and Human Services, who is given full authority on how to spend funds with no Congressional action or oversight. Later this year, the Supreme Court is expected to announce a final decision on the Constitutionality of the law itself. If the law is struck down, money spent on implementation will have been wasted, which is why Rehberg attempted to block all funding until the Supreme Court ruled.