The Supreme Court considers the question of whether California’s Proposition 8 ban on same sex marriage is constitutional. So what should happen when the majority acts against a minority, as in Proposition 8? Particularly when we see the executive branch make a craven political decision to not act, and legislators at both the federal and state level unwilling to act. In such a case, it seems obvious that the judiciary is the last firewall to protect our civil liberties, and it is only the judiciary that can preserve minority rights against the will of the majority. In such a case, not only is judicial action acceptable, it is necessary, even when it means substituting judicial fiat for democratic majority or legislative action. Self evident inalienable individual rights should trump the majority every time.
Archive for March, 2013
I don’t think this is any surprise, and it certainly sets the stage for a very interesting SCOTUS case coming up. From ABC News, via Wash Post: The poll shows that 58 percent of Americans now believe it should be legal for gay and lesbian couples to get married; 36 percent say it should be […]
A selection of public grievances in this first fortnight of the first season of Sequestivus. Motivated by a common desire to moderate or replace some of the sequester cuts, budget proposals are being prepared and presented by Senate Democrats and House Republicans. Unsurprisingly, they look nothing alike. Surprisingly we may actually get a compromise Grand Bargain that puts us on a sustainable fiscal path. The only certainty is that the airing of grievances will continue for the foreseeable future.
Some described Rand Paul’s historic 13 hour filibuster as “libertarian porn”. Note we are talking about a CSPAN feed of a man speaking at a podium for 13 hours, yet it was far more engrossing and entertaining than it had any right to be.Ultimately the Senate voted to confirm John Brennan as Director of the CIA 63-34. But Senator Rand Paul got the answehe was looking for and the country got the debate we deserved.
Center on Budget and Policy Priorities still blaming Bush tax cuts for deficit even though they expired.By mw | Related entries in Budget, Bush, Debt, Deficit, Divided Government, Fiscal Responsibility, Obama
The Center on Budget and Policy Priorities are still calling the tax cuts and war expenses a “Bush Legacy” and attributing most of our current and future debt and deficit to GWB. They are simply not acknowledging the facts. The argument itself and the dubious premise are exactly the same as when first presented three years ago. What has changed are the facts about who is the author and owner of the policies they are tracking. And by ignoring these facts, the CBPP has moved from a dubious, “disingenuous” argument to outright misrepresentation and falsehood.