Skip to comments.Ninth Circuit's Prop 8 Ruling Could be Obama's Worst Nightmare
Posted on 02/07/2012 10:58:26 PM PST by GVnana
Today, the 9th Circuit upheld the absurd ruling of Judge Vaughn Walker of the U.S. District Court of the Northern District of California, striking down Proposition 8, the voter-approved constitutional amendment that would uphold traditional marriage in the state. The ruling itself was highly political and in no way legally oriented. Proposition 8 serves no purpose, and has no effect, other than to lessen the status and human dignity of gays and lesbians, wrote the Court, and to officially reclassify their relationships and families as inferior the Constitution simply does not allow for laws of this sort.
President Obama has been able to elude the question of same-sex marriage overall. His slippery rhetoric indicates that hes pro-civil unions but anti-same sex marriage but is evolving. This ruling will force him to take a side. He will likely attempt to suggest that this is a decision best left to the courts, but hes never taken that position before see, for example, campaign finance reform. Its unlikely that the gay community or the religious community will allow him to get away with that.
If Obama is forced to answer for his position on same-sex marriage, he will be in serious trouble come election time.
(Excerpt) Read more at biggovernment.com ...
You know darn well that Newt would.
Yes, we know which candidate is the only one to publicly state several times that the judges need to be changed.
Whatever they are, love them or hate them, dignified is not it.
(Proposition 8 serves no purpose, and has no effect, other than to lessen the status and human dignity of gays and lesbians, wrote the Court, )
No it doesn’t.
What lessen the human dignity is the fact that they are perverts and lead a perverted lifestyle
The Ninth Circuit, which defined the phrase “legislating from the bench” has taken things to a whole new level.
It doesnt matter wheather or not you agree with the judge, it matters that the judge is legislating from the box
Judge Rejects California Execution Plan [Jefferson’s Judicial Despotism?
LATimes ^ | December 16, 2011
Judge Rejects California Execution Plan December 16, 2011 A judge on Friday threw out California’s new lethal-injection protocols, which have been six years in the making, because corrections officials failed to consider a one-drug execution method now in practice in other death penalty states. The action by Marin County Superior Court
Judge Faye D’Opal
sends the state back to square one in redrafting procedures for lethal-injection executions. The death penalty has been on hold for six years in California after a federal court ruling deemed the previously used three-drug method unconstitutional because it might inflict pain amounting to cruel and...
Judge blocks issuing ‘Choose Life’ plates in NC
WRAL ^ | November 28, 2011
WILMINGTON, N.C. A federal judge on Monday temporarily blocked North Carolina from issuing special anti-abortion license plates. The state chapter of the American Civil Liberties Union suing to prevent people from paying for the “Choose Life” plates, alleging that they violate the First Amendment because there’s no specialty plate for supporters of abortion rights. U.S. District
Judge James Fox
issued a temporary injunction to stop the Division of Motor Vehicles from issuing the plates until the suit could be heard. “This case is ultimately about free speech and equal treatment for all North Carolinians, regardless of their point of...
ABA: Obama Sets Record for Unqualified Judge Nominations [Women and Minorities Hit Worst]
Newsmax ^ | 23 November 2011 | Henry J. Reske
The American Bar Association secretly declared that 14 of President Barack Obamas nominees to the federal bench are not qualified. The rejection rate is more than three times that of Obamas predecessors, Presidents Bill Clinton and George W. Bush, The New York Times reports. The Obama administration, which has nominated 185 judges, has questioned whether the bar association has placed too much value on courtroom experience. The associations special role in judicial selection, in place since the Eisenhower days, has been contentious, with conservatives charging that the group has a liberal bias, the Times reported. Nearly all those found not...
Rick Perry-backed judge proposes Latino districts, infuriates GOP
The Daily Caller ^ | Nov 20, 2011 | Chris Bedford
A former Texas Supreme Court justice whose appointment by Gov. Rick Perry led to accusations of racial pandering was part of a Federal District Court decision Thursday to issue a new voting district map for Texas that will likely overturn the map proposed by the Texas Legislature and is designed to create ethnic voting districts for Latinos. U.S. District Court
Judge Xavier Rodriguez
joined with another Latino justice from the three-justice federal panel Clinton-appointee
Judge Orlando Garcia
to issue the racially-drawn map, which has not yet been given final approval. Lawyers for the Democrats and Republicans were given...
Bay Area to get 1st Latina federal judge (has been active in La Raza and other Latino groups)
SFGate.com ^ | 11/16/11 | Bob Egelko
Yvonne Gonzalez Rogers,
an Alameda County judge since 2008, was confirmed by the Senate on Tuesday for the U.S. District Court in Oakland, where she will become the first Latina federal judge in the Bay Area. The Senate voted 89-6 to approve President Obama’s nomination of Gonzalez Rogers to fill the vacancy created by U.S. District Judge Vaughn Walker’s retirement in February. There was no debate, and the opponents, all Republicans, did not say why they voted against the nominee, who had not drawn any opposition in her committee hearing. Gonzalez Rogers, 46, a Texas native and Princeton honors graduate,...
Newt Checks and Balances Liberal Judges
Townhall.com ^ | November 18, 2011 | Peter Ferrara
The genius of America’s Founding Fathers is reflected in the innovative system of checks and balances they adopted for our government, to prevent abuse of power by any authority. Congressional legislation is subject to veto by the President, and to review for constitutionality by the courts. The President and his Executive branch are subject to the laws passed by Congress, enforced by the courts, and presidential appointments are subject to confirmation by the Senate. So are treaties. The President appoints the judges, subject to Senate confirmation. And if those judges refuse to apply the law objectively as written, and instead...
Freep This Poll - Do you agree with the judge’s decision in the flag T-shirt lawsuit?
The Morgan Hill Times ^
Link is dead
Please take a moment to vote in the following poll: “Do you agree with the judge who ruled in favor of the school district in the case in which two administrators sent four students home for wearing American-themed clothing in Cinco de Mayo?” This stems from a 2009 incident where 5 boys in our community wore US flag shirts to school on Cinco de Mayo, and were sent home by the principal and VP for doing so. Students wearing the colors of the Mexican flag were allowed to remain in school. The following day, about 200 hispanic kids marched out...
The decision was released by U.S. District Court Chief
Judge James Ware
Government fines jailed Border Patrol agents family
Washington Times ^ | 11/11/11 | Stephen Dinan
After successfully winning a two-year prison sentence against U.S. Border Patrol Agent Jesus E. Diaz Jr., the Justice Department is now trying to collect a $6,870 fine from his wife, saying it should be paid immediately even though the judge signaled she would have a grace period. In a notice sent last week the Justice Department said the fines were imposed by the court that found Agent Diaz guilty and sentenced him to prison for improperly restraining a 15-year-old suspected of drug smuggling. We strongly urge you to pay this debt immediate, said the notice,
North Carolina Ultrasound-Abortion Law Blocked by Judge (Obama Nominee)
Life News ^ | October 25, 2011 | Steven Ertelt
A federal judge has blocked a pro-life law in North Carolina allowing women a chance to see an ultrasound of their unborn baby before considering an abortion. The law faced a lawsuit from the ACLU and Planned Parenthood. According to an AP report, U.S. District
Judge Catherine Eagles
in Greensboro issued a preliminary injunction today, just one day before women would have benefited from the new law, which also provides for a 24-hour waiting period before an abortion. The lawsuit, filed in the Middle District of North Carolina, claims the new law violates the rights of women and abortion facilities....
Judge blocks Fla.’s new welfare drug testing law
WLS ^ | Updated 10/24/11 2:47 p.m. | Staff
ORLANDO, Fla. (WLS) - A federal judge temporarily blocked Florida’s new law that requires welfare applicants to pass a drug test before receiving the benefits on Monday, saying it may violate the Constitution’s ban on unreasonable searches and seizures.
Judge Mary Scriven’s
ruling is in response to a lawsuit filed by the American Civil Liberties Union that claims the law is unconstitutional. The lawsuit was filed on behalf of a 35-year-old Navy veteran and single father who sought the benefits while finishing his college degree, but refused to take the test. Nearly 1,600 applicants have refused to take the test...
U.S. judge dismisses Arizona claims against feds on immigration law
KAJ 18 ^ | 10/22/11
U.S. judge dismisses Arizona claims against feds on immigration lawPosted: Oct 22, 2011 11:23 PM by CNN Wire Staff (CNN) — A judge on Friday ruled against Arizona, dismissing its claims “in their entirety” against the federal government over its enforcement of immigration laws. The ruling by U.S. District
Judge Susan Bolton
is an apparent blow to Arizona Gov. Jan Brewer and her allies. They pushed a controversial law known as SB 1070 through the state legislature, which allows, among other measures, local police officers to check a person’s immigration status while enforcing other laws.
Justice Scalia: Americans ‘should learn to love gridlock’
Los Angeles Times ^ | October 5, 2011 | David G. Savage
Many Americans think badly of the government because of gridlock in Washington. Supreme Court Justice Antonin Scalia is not one of them. Americans should learn to love gridlock, he told the Senate Judiciary Committee on Wednesday. The framers (of the Constitution) would say, yes, Thats exactly the way we set it up. We wanted power contradicting power (to prevent) an excess of legislation.’ ‘’
Elana Kagan was Obamas lawyer
Snopes for Dopes
Birdblog ^ | 10 September 2011 | Dana Mathewson
Ive often wondered how biased these “email verification sites were. Guess I was right to question. Many of the emails that I have sent or forwarded that had any anti Obama in it were negated by Snopes. I thought that was odd. Check this out. Snopes, Soros and the Supreme Courts Kagan I guess the time has come to check out Snopes! Ya’ don’t suppose it might not be a good time to take a second look at some of the stuff that got kicked in the ditch by Snopes, do ya’?
Appeals court dismisses key challenge to healthcare law
The Hill ^ | September 8, 2011 | Sam Baker
A federal appeals court today dismissed one of the highest-profile challenges to President Obama’s healthcare reform law. The 4th Circuit Court of Appeals said Virginia Attorney General Ken Cuccinelli does not have a legal right to sue over the law’s requirement that most people buy insurance. The court vacated a lower court’s ruling in the case and instructed the lower court to dismiss the suit. The Supreme Court is almost certain to have the final say on whether the coverage mandate is constitutional. Most legal observers expect the court to hear arguments during the term that begins in October and...
Appeals Court Dismisses Virginia’s Challenge to ObamaCare
Fox News ^ | 9/8/11 | Fox News
Appeals Court Dismisses Virginia’s Challenge to ObamaCare
Judges names have been redacted by Fox News
Judge blocks NM governor on immigrant driver licenses
Fox 59 ^ | September 1, 2011 | Tim Gaynor, Cynthia Johnston
SANTA FE, New Mexico (Reuters) - A New Mexico judge on Wednesday blocked a move by the state’s Republican governor to make it harder for illegal immigrants to keep driver’s licenses in the state. Governor Susana Martinez’s administration last month ordered the state to reverify the physical residency of foreign nationals who hold New Mexico driver’s licenses in order to get or keep their licenses. But District Court
Judge Sarah Singleton
in Santa Fe issued a temporary restraining order blocking the program, arguing in a brief ruling that “irreparable injury” would occur from “constitutional deprivations to the applicants
Bail-fail judge with a grudge (Carol “Set ‘Em Free” Feinman)
http://www.nypost.com/p/news/local/bail_fail_judge_with_grudge_4xOW39gxRHo9bBgIsTSXRP#ixzz1WefzSllk ^ | August 31, 2011 | AMBER SUTHERLAND, KIRSTAN CONLEY and BOB FREDERICKS
The rookie Bronx judge who has been allowing violent criminals to walk free without bail despises her job — and hopes she’ll force a transfer from the rough-and-tumble Criminal Court to the cushier civil division, a well-placed source told The Post. Feinman — a longtime West Village activist and former chair of Community Board 2 — yesterday snapped at a Post photographer outside her apartment. ‘Get the f - - k away from me or I’m calling the police!” she snarled. Carol “Set ‘Em Free”
57, was elected as a $125,000-a-year civil court judge, but was bumped to criminal...
Judge strikes down key parts of Texas abortion sonogram law
AP via msnbc ^ | 08/30/2011 | JIM VERTUNO
A federal judge on Tuesday blocked key provisions of Texas’ new law requiring a doctor to perform a sonogram before an abortion, ruling the measure violates the free speech rights of both doctors and patients. U.S. District
Judge Sam Sparks
upheld the requirement that sonograms be performed, but struck down the provisions requiring doctors to describe the images to their patients and requiring women to hear the descriptions. The law made exceptions for women who were willing to sign statements saying they were pregnant as a result of rape or incest or that their fetus had an irreversible abnormality.
Federal Judge Blocks Alabama’s Immigration Law H.B. 56 (for 30 Days)
Stand With Arizona ^ | 08-29-2011 | John Hill
by John HillStand With ArizonaA federal judge in Birmingham has temporarily blocked enforcement of Alabama’s new law cracking down on illegal immigration - but has made no determination on whether any part of the law is constitutional. U.S. District
Judge Sharon Lovelace Blackburn
has delayed enforcement of Alabama’s new law H.B. 56 for one month, until she issues a longer ruling on September 28th. Her order means the law won’t take effect as scheduled on September 1st. Unlike previous initial rulings in Arizona and Georgia, Blackburn did not block any specific sections to which she objected,
Judge apologizes to inmate seeking sex-change
Boston Herald ^ | 8/18/11 | Boston Herald
Murder charge tossed in case of bones in backpack
WRAL ^ | August 16, 2011
Appeals Court Rules Fannie/Freddie Docs Can be Kept Secret
Breitbart Big Government ^ | Aug 15th 2011 at 9:42 am | Tom Fitton
9th Circuit: University Can Force Christian Groups Open to Non-Christians
Christianity Today ^ | 8’5’11 | Morgan Feddes
Court rules state can’t ban sex offenders from nursing homes
patriotledger.com ^ | 08/07/2011 | Kyle Cheney
Court suspends dismantling of redevelopment agencies
San Francisco Chronicle ^ | 8/11/11 | Marisa Lagos, Chronicle Staff Writer
Court: Wis. can’t deny transgender inmates therapy
Associated Press ^ | August 5, 2011
Judge blocks Kan. law defunding Planned Parenthood
Associated Press ^ | August 1, 2011 | ROXANA HEGEMAN
Controversial Scholar Nominated To California Supreme Court
Wednesday, July 27, 2011 4:30:38 PM by miker90210 6 replies
Business Law Daily ^ | 1-27-11 | Chris Rizo
California Gov. Jerry Brown (D) on Tuesday nominated University of California law professor Goodwin Liu to sit on the state Supreme Court.
Jerry Brown nominates Goodwin Liu to California Supreme Court [Updated]
LA Times ^ | July 26, 2011
Gov. Jerry Brown nominated UC Berkeley law professor Goodwin Liu to the California Supreme Court Tuesday, giving the state high court a fourth Asian justice and a collegial liberal who is likely to be strongly supportive of civil rights. Liu was President Obama’s pick for a seat on the U.S. 9th Circuit Court of Appeals, but he failed to garner enough Republican support. Liu, 40, has never been a judge, but his colleagues at Berkeley, including conservatives, strongly endorsed him for the position. Liu, a graduate of Yale Law School, is the son of Taiwanese immigrants. He was born in...
TEXAS CLERK FACES GRAND JURY FOR DEFENDING THE PLEDGE, POSSIBLE JAIL TIME AND REMOVAL FROM OFFICE
Atlas Shrugs ^ | Pamela Geller
Right after the Fourth of July, I broke the story of Natalie Nichols, a newly elected county clerk in Texas, who questioned a rogue court that actually voted to remove the Pledge of Allegiance and an opening prayer from the court’s official records. She refused to do it, and made it her official stance. She now faces charges. After my story ran on July 6 over at WND, Holy War in Texas, Natalie Nichols found herself facing Grand Jury charges and possible prison time. Natalie’s husband told me, “Is this what we are to now expect when we dare take...
Judge Sterling Lacy
Convicted wife killer Vernon Lawson has what it takes to be an American citizen, judge rules
NY Daily News ^ | July 19, 2011 | Erica Pearson
A Jamaican immigrant’s story of redemption convinced a judge he should be an American citizen - even though he killed his wife. Vernon Lawson, a Vietnam veteran, stabbed his wife to death in 1985 and served more than 13 years in prison. While behind bars, he kicked his drug and alcohol problems, got his GED and earned a bachelor’s degree. Lawson was released from prison in 1998 and soon began getting treatment for post traumatic stress disorder. In 2006, he applied to become a citizen and was turned down because of the manslaughter conviction. The Marine’s lawyers argued that as...
Judge Denny Chin
Court says cities can ban layoffs by new owners
San Francisco Chronicle ^ | 7/19/11 | Bob Egelko
Judges Names have been redacted by the SFGate
California cities can protect workers from being fired immediately when their company changes owners, the state Supreme Court ruled Monday.The 6-1 decision reinstated a Los Angeles ordinance, struck down by lower courts, that required supermarkets to keep their workforce for 90 days after a new owner takes over. Similar laws covering different industries are in effect in other cities - including Oakland, San Jose, Berkeley and Emeryville - and the state also has a law protecting janitors who work for building contractors. “When you’re keeping a business open and all you’re doing is changing the name
Newly appointed lesbian Mass. Supreme Court Judge speaks at fundraiser for radical gay group
massresistance.com ^ | 07/18/2011 | n/a
Two days after being formally confirmed to the Massachusetts Supreme Judicial Court,
Judge Barbara Lenk
(an “out” lesbian activist) was a featured speaker at a fundraiser for the radical Massachusetts LGBTQ (”Lesbian Gay Bisexual Transgender and Queer”) Bar Association. The Massachusetts Code of Judicial Conduct forbids judges from being a speaker at an organization’s fundraising event. Lenk’s participation that evening was a clear — and arrogant — public violation of that Code. (A similar situation occurred when Justice Margaret Marshall was keynote speaker at the group’s 1999 dinner. MassResistance—then Article 8 Alliance—Massachusetts News, and others brought this up as a...
Massachusetts Justices vow to shut 11 courts—Decry states budget, seek halt in appointments
Boston Globe ^ | July 13, 2011 | By Michael Levenson and Noah Bierman
The states top judges urged Governor Deval Patrick yesterday to stop appointing new judges and said they have no choice but to close 11 courthouses and lay off employees. The chief justice of the Supreme Judicial Court and the chief justice for administration and management said the budget Patrick signed jeopardizes the right of every person, guaranteed by the Massachusetts Constitution, to swift justice. The request for a moratorium on judicial appointments was submitted in a separate letter sent to the governor by the seven justices of the Supreme Judicial Court, four of whom are Patrick appointees. After years of...
Georgia Begins Appeal of Immigration Enforcement Law (HB87)
StandWithArizona.com ^ | 07-07-2011 | John Hill
Georgia this week began the formal process of appealing the blocked of portions of their immigration law, HB87. On June 27th,
Judge Thomas Thrash
granted a request by the ACLU, the Mexican Government, and others, to block parts of the law that penalize people who knowingly and willingly transport or harbor illegal immigrants while committing another crime. He also blocked provisions that authorize officers to verify the immigration status of someone who can’t provide proper identification. Judge Thrash’s absurd ruling sounded in parts as if penned by a petulant staffer from the ACLU... “The apparent legislative intent is to...
In reversal, federal court orders immediate end to dont ask, dont tell policy(9th U.S. Circuit)
The Washington Post ^ | 07/06/11 | Associated Press
The judges names were redacted by the Washington Post
By Associated Press, Updated: Wednesday, July 6, 2:34 PM SAN FRANCISCO A federal appeals court has barred further enforcement of the U.S. militarys ban on openly gay service members. A three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco said Wednesday the dont ask, dont tell policy must be immediately lifted now that the Obama administration says its unconstitutional to treat gay Americans differently under the law.
Mich. Ban On Race In College Admissions Illegal (Court of Appeals sanctions racial discrimination)
Click on Detroit ^ | July 1, 2011
A federal appeals court on Friday struck down Michigan’s ban on the consideration of race and gender when enrolling students at public colleges, saying it burdens minorities and violates the U.S. Constitution. The 2-1 decision upends a sweeping law that was approved by voters in 2006 and had forced the University of Michigan and others to change admission policies. The court said it violates the 14th Amendment’s Equal Protection Clause. [Snip] The ban was placed in the Michigan Constitution after getting 58 percent of the vote nearly five years ago. It affected government hiring as well as college admissions.
Judge denies Boeing motion to dismiss NLRB case
The Hill ^ | 6/30/2011 | Keith Laing
A judge dismissed airplane manufacturer Boeing’s attempt to have a National Labor Relations Board case against it dismissed Thursday. The NLRB has alleged Boeing chose to locate a new plant to build 787 airplanes in South Carolina instead of Washington state in retaliation for strikes by unionized workers there. Boeing sought to have the case dismissed on the grounds that the NLRB’s claim was unprecedented, but Seattle Administrative Law
Judge Clifford Anderson
ruled that the case should go on. “Having considered the entirety of the respondent’s motion and found and concluded as noted above, I find that the motion is...
As Mark Levin and you remind us, we do not live in a republic, but rather a judicial tyranny.
Most of my support for Newt is due to his promise to take on the black-robed tyrants. He clearly despises them.
The purpose of the judiciary is to create laws and declare other laws to be unconstitutional (from the highest to the lowest court); this is only acceptable if the judge who does the ruling is Progressive. If the judge has no Progressive credentials, then what he does is null and void and the process goes back to the “people” to decide.
That is the new unwritten constitution of the United States.
This will definitely be overturned by SCOTUS.It has the highest overturn rate in the nation.According to the most current count, the Ninth Circuit has the highest percentage (64%) of sitting judges appointed by Democratic presidents. Some argue the court is biased because of its relatively high proportion of Democratic appointees. Others argue the court’s high percentage of reversals is because it hears more cases than any other circuit
Circuit Judge Alex Kozinski sardonically noted that “[f]or better or worse, we are the Court of Appeals for the Hollywood Circuit
I think you are overstating things. It happened in California first of all. It doesn’t effect other states and their rulings. Obama doesn’t need to come clean about his beliefs. He can hide behind the ol’ states’ rights dodge. And separation of powers (judiciary and executive). No, I believe that California will probably allow gays to marry by summer and Obama probably won’t get much flak. Oh well, the fight goes on.
If this decision isn't reversed, then this is a critical moment in the relations between the states and federal tyranny.
Priceless. I was going to post something along the same line - if they’re not worried about their dignity, why should it concern us? They have a choice and so do we!!
You have a “bug” in your computer.....cute..
Note: this topic is from 2/07/2012.Thanks GVnana.
President Obama has been able to elude the question of same-sex marriage overall. His slippery rhetoric indicates that he's pro-civil unions but anti-same sex marriage but is "evolving." This ruling will force him to take a side. He will likely attempt to suggest that this is a decision best left to the courts, but he's never taken that position before -- see, for example, campaign finance reform. It's unlikely that the gay community or the religious community will allow him to get away with that.