Posted on 03/27/2013 11:11:43 AM PDT by markomalley
The Supreme Court's conservative justices on Wednesday were sharply critical of President Obama's approach to a federal law on same-sex marriage.
Obama and Attorney General Eric Holder decided in 2011 that the federal Defense of Marriage Act is unconstitutional. They quit defending it in the courts, but directed federal agencies to continue to comply with the law.
Conservatives on the Supreme Court criticized that approach Wednesday during oral arguments over whether DOMA is constitutional.
“I don't see why he doesn't have the courage of his convictions,” Chief Justice John Roberts said of Obama's decision to continue following the law, even though he believes it is unconstitutional.
Justice Antonin Scalia said the legal system appears to be "living in this brave new world" in which the Justice Department can simply opt out of its traditional responsibility to defend federal laws in the courts.
He questioned who has the power to decide the government will not defend a particular law.
"It's only when the president thinks its unconstitutional?" Scalia asked. "Or could the attorney general, or the solicitor general, impose the same determination?"
Citing his own experience as a lawyer in the Office of Legal Counsel, Scalia said DOMA does not meet the criteria for laws the Justice Department can opt not to defend.
The Justice Department's decision to quit defending DOMA has raised complex questions about whether the Supreme Court can rule on the law's constitutionality.
The justices seemed open to reaching a decision on the merits, but vented frustration at the way the administration has handled the case.
Paul Clement, the attorney defending DOMA, said the executive branch has "vacated the premises" on the case. Justice even filed a motion to dismiss the case in a lower court that encouraged that court not to dismiss the case.
"That does give you intellectual whiplash," Justice Anthony Kennedy said.
Somehow, this strikes me as satire, but I can't find the satire link anywhere! :-0
After his disgusting, convoluted decision on obamcare, I have nothing but contempt for this quizling, spineless turd, and couldn't care less about what he says about anything. Gutless punk.
Roberts and Kennedy are not conservative anythings.
BINGO! A worthless turd. I don't care what the SOB says or does. A contemptible bastard.
Seriously, if he or someone else were being threatened,
he should have gotten in front of a microphone and camera on Fox News ASAP.
Instead, he dramatically changed his opinion on 0bamacare midstream and twisted himself in knots to justify it.
With this White House politics trumps federal law, national security, the economy, the safety of Americans abroad, and everything else. Sadly, most of the news media is in accord.
Blithering idiot.
He thinks we’ve forgotten his disgraceful vote.
Hmmmm, trying to shore up his cred with us a little bit, before he kneels to service Barky once more.
Roberts is quite a disappointment and a coward.
if obamacare is an exercise of legislative power.
DOMA should stand as an exercise of legislative power.
After contorting the Obamacare legislation to fit his preconceived notion of constitutionality, Roberts is the LAST one with room to talk "courage!"
if obamacare is an exercise of legislative power.
DOMA should stand as an exercise of legislative power
DAMN RIGHT!!!!!!!!
Exactly right. They talk smack about a case just before caving in to it.
Roberts did the same thing during the oral arguments on Obamacare.
He provided cover for his later convoluted and tortured decision in favor of Obamacare by asking questions that seemed to indicate he leaned to the other side.
If Roberts past is any indicator, he will support the gays push for same sex “marriage”.
Roberts has no business criticizing anyone about the courage of their convictions.
It would be so sweet if they refuse to rule on the law and vacate the lower court decisions because Obama refused to send a lawyer in to represent the Federal government. Talk about your just desserts.
“A contemptible bastard.”
No, a bastard-coated, bastard-filled bastard steeped in bastard liqueur with bastard syrup, whipped bastard cream, bastard sprinkles, and a big ol’ bastard cherry on top sporting one nasty bastard of a stem.
Obamanation Counterculture File.
That's a lot of "bastardness," isn't it?
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