Posted on 02/10/2015 6:03:47 AM PST by xzins
In a dissenting opinion joined by Justice Antonin Scalia, Justice Clarence Thomas excoriated his fellow justices for refusing to temporarily stop enforcement of a federal district judge's ruling that overturned the marriage laws of the state of Alabama and ordered Alabama to recognize as legal "marriages" unions between two people of the same sex.
On Jan. 23, U.S. District Judge Callie Granade ruled that Alabama laws limiting marriage to the union of one man and one woman violated the 14th Amendment guarantee of equal protection of the law. Alabama Attorney General Luther Strange petitioned the Supreme Court to prevent the judge's decision from going into effect until the Supreme Court itself issued its ruling on same-sex marriage--which the court will do this term.
The Supreme Court refused to stay the lower court ruling--with Justice Thomas and Scalia dissenting.
In his dissent from the court's refusal to grant the stay, Justice Thomas rhetorically smacked his colleagues for disregarding it own standard practices and the deference due to state governments and voters.
"This acquiescence [in the lower court ruling] may well be seen as a signal of the Court’s intended resolution of that question [of same-sex marriage]," wrote Thomas.
"This is not the proper way to discharge our Article III responsibilities," he said. "And, it is indecorous for this Court to pretend that it is. Today’s decision represents yet another example of this Court’s increasingly cavalier attitude toward the States. Over the past few months, the Court has repeatedly denied stays of lower court judgments enjoining the enforcement of state laws on questionable constitutional grounds.
"It has similarly declined to grant certiorari to review such judgments without any regard for the people who approved those laws in popular referendums or elected the representatives who voted for them," wrote Thomas. "In this case, the Court refuses even to grant a temporary stay when it will resolve the issue at hand in several months."
I think the last time was when Tom Daschel needed some EPA regs ignored for some property he had. Bob Dornan before he was sacrificed, claimed that Congress had written laws that were not subject to Judicial Review some 120 times.
I trust Bob Dornan's knowledge on such matters. However, how often were such laws special situations like the one you described for the benefit of a sitting Senator? Circumventing inconvenient administrative rulings is hardly curbing Federal judicial overreach.
I'm not so sure about that. Divorce lawyers, perhaps. But estate lawyers and other lawyers may actually see decreased business as a result of "gay marriage." All other things being equal, estate planning is a lot easier (and less costly) for married couples than it is for unmarried couples - marriage carries with it a whole range of estate planning benefits that are not available to unmarried couples (the fact that those benefits are not available to unmarried couples has been one of the most common arguments used in favor of same-sex marriage).
You need 38 states to ratify a constitutional amendment (which means 13 states can block one). Fourteen states have adopted same-sex marriage either by a referendum or by a vote of the Legislature.
The motion for a stay was voted on by the full Court. The Court's Order just says "stay denied,," without explanation (the usual course on a stay motion). Thomas and Scalia dissented, in a written opinion (unusual on a stay motion, but not unprecedented).
Granade, Callie V.
Born 1950 in Lexington, VA
Federal Judicial Service:
Judge, U.S. District Court, Southern District of Alabama
Nominated by George W. Bush on September 4, 2001, to a seat vacated by Alex T. Howard, Jr.. Confirmed by the Senate on February 4, 2002, and received commission on February 12, 2002. Served as chief judge, 2003-2010.
Education:
Hollins College, B.A., 1972
University of Texas School of Law, J.D., 1975
Professional Career:
Law clerk, Hon. John C. Godbold, U.S. Court of Appeals for the Fifth Circuit, 1975-1976
Assistant U.S. attorney, Southern District of Alabama, 1977-2002; interim U.S. attorney, 2001-2002
Thank you for the explanation!
Yea I’m with you. Time for state officials and the people to resist this federal intrusion and Unconstitutionall overreach.
The draft was terrifying, I saw my older brothers try to get out of it, they succeeded. The year I turned 18 is the year the lotto went into effect, my future and now husband drew a 300, he was not going.
My father was horrified by the behavior of my brothers, me as a marcher and even Cronkite. He was a WW2 B24 captain, flew dozens of missions, many over "Formosa". One vet left in my family, our son, a Navy man, a submariner, so proud of him, my Dad and you two!!
Federal taxes from the states would be collected but held in escrow until the feds decided to go back in their Constitution cage.If the IRS can withdraw funds from personal bank accounts without a warrant and with compliant banks, I'm not yet convinced they couldn't raid this escrow or any other account. Would it be enough protection if the states placed the escrow account offshore? I'm not sure.
By 1970 Most U.S. line troops had orders to come home. I can state we had that war won and the NVA admitted it. Your pals protesting gave them hope as John Kerry gave away the farm during the peace talks. Gen Giap of the NVA flat out stated that had we kept up the bombing awhile longer they would have surrendered. We sent teams across the border into Cambodia from 67 on. The men at Kontum and DaNang went across north of us mainly into Laos and North Vietnam. They had the use of TAC Air, but; they usually hit much larger enemy units then our teams did. Across from the Fishhook border area is where we found a large basecamp thought to be COSVN HQ. We lost an entire team in early 69 conducting a BDA (Bomb damage Assessment) then an entire platoon from my old company went in on 24 April 69. They were wiped out on the LZ. One USSF Captain lived from that. Hopefully we will all back our military when we get the guts to DESTROY ISIS for good. We need to get rid of the gays and lesbians from our military, too. I pray we get God back in America in everything we do.
You're very right that without the rear echelon MF's, there would be no forward movement. Those who have served honorably (no matter what their Rating or MOS), contributed to the effort and sacrificed more than civilians know.
I respect, honor, and admire ALL honorable Veterans.
BTW, finally saw "Lone Survivor". It was horrendous in the portrayal of those Brothers dying for each other. My wife and I cried at the end for those lost SEALs, not to mention other brave souls in our recent wars that we've supported. Wish I had a dollar for all the tears we've both shed for our fallen warriors.
Not sure I want to see "American Sniper". Guess I still have some guilt for not being a grunt and fighting as some my childhood friends did and died in Nam.
Stay true.
Levin's amendments are structural. First and foremost is repeal of the 17th amendment. It isn't up the courts to defend the states. Since the constitution acts on the states, they must have a seat at the lawmaking table.
The Framers got it right.
Obama has repealed Article I Section 1, which established the American Republic. There is nothing to lose and everything to gain via Article V.
You have it backward. The vast majority have judge imposed faggot marriage.
Federalist/Anti-Federalist ping. This is an interesting quote from Justice Thomas.
“Equal protection” does not mean, has never meant, and CANNOT ever logically mean the unequal things all be treated as if they are equal. Otherwise, every $1 bill in my pocket is a $100 bill, because.... equality!
State nullification, Baby, of unconstitutional federal acts and decisions. It’s time.
Yup. Therein lies the power of Congress if only they had the cojones to do such, and they never will as long as our money/political system exists to feed their next election.
In my 65 years, I still wonder what makes a person want to be a politician. Benevolent idealogy? Power over those they think are wrong? Ego? I believe most start out wanting to do good, but what makes them get so corrupt so quickly? Get to the office of city council and they go wrong, as witnessed by the increasing local indictments. Go higher in office they go more wrong.
As stated, "Power corrupts; absolute power corrupts absolutely". The Founding Fathers had the right intent - short term service and then go back to the farm or factory. Unfortunately, they did write it into the Constitution.
Not sure what the answer is now because few Congress critters will ever vote for Term Limitations. Maybe a States Article V?
I said that. I said 14 states have adopted same-sex marriage by the votes of the people or the legislature. Fourteen states is very far from a majority, but is enough to block a constitutional amendment (which needs 38 states to ratify).
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