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 the 'Supreme Court' Category
This just in from Drudgereport: SUPREME COURT RULES: Mandate survives as a tax… Chief Justice Roberts joins the left of the Court… The Medicaid provision is limited but not invalidated… ‘Congress had the power to impose the exaction in Section 5000A under the taxing power, and that Section 5000A need not be read to do [...]
Why the left whining about “False Equivalence” is equivalent to the right whining about “Liberal Media Bias”By mw | Related entries in health care reform, Media, News, Obama, Partisan Nonsense, Supreme Court
The President’s comments at the Associated Press luncheon on Tuesday received a great deal of media attention. the President thinks the press might be afflicted by an “impulse” to suggest that both Republicans and Democrats are at fault for failing to compromise. He goes on to patiently explain that this is completely untrue – in fact this is “false equivalence” and bad reporting. The charge of “false equivalence” from the left is nothing more or less than political spin hoping to have the identical effect on perception of MSM reporting that the right seeks to achieve with “Liberal media bias.”
Instead of speculating about the future, enough time has passed that we can now begin to assess the actual effects of the Citizens United Supreme Court decision as opposed to succumbing to our fear and loathing of what might hypothetically happen. Tim Cavanaugh of Reason Magazine takes a look at the subsequent impact.
Actually, let me correct the title. He didn’t just not disclose it…he lied about it. Because there’s no way he simply forgot. From LA Times: Between 2003 and 2007, Virginia Thomas, a longtime conservative activist, earned $686,589 from the Heritage Foundation, according to a Common Cause review of the foundation’s IRS records. Thomas failed to [...]
This is why I can never get on board with judges like Scalia. Is he a smart guy? Of course. But the following? Not so much… From Callawyer comes this Q&A: In 1868, when the 39th Congress was debating and ultimately proposing the 14th Amendment, I don’t think anybody would have thought that equal protection [...]
Specter lost his senate seat, but he has some parting shots for Republican appointed judges. From CNN: “Ignoring a massive congressional record and reversing recent decisions, Chief Justice Roberts and Justice Alito repudiated their confirmation testimony given under oath and provided the key votes to permit corporations and unions to secretly pay for political advertising [...]
I don’t think there was any question she’d become a Justice, but I think it is surprising that more Republicans didn’t vote for. Especially John McCain. From NY Times comes some of the reasons why… â€œJudge Sotomayor is certainly a fine person with an impressive story and a distinguished background,â€ the Senate minority leader, Mitch [...]
No major gaffes in her testimony, so the Republicans really don’t have much choice at this point. Sure, they may not agree with her politics, but they have to save their strength for bigger fights. From Wash Post: Supreme Court nominee Sonia Sotomayor won virtual assurance of rapid confirmation yesterday when Senate Republicans announced that [...]
In a 5-4 vote, the Supreme Court has reversed the appellate court decision on a controversial race case involving firefighters in New Haven, Connecticut. Previously, the appellate court including Supreme Court nominee Sonia Sotomayor, ruled that the city of New Haven did nothing wrong by throwing out the results of a promotion exam because no [...]