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Cruz: Supreme Court 'abdicating its duty'
The Hill ^ | October 6, 2014 | Ben Kamisar

Posted on 10/06/2014 3:22:22 PM PDT by jazusamo

Sen. Ted Cruz (R-Texas) on Monday slammed the Supreme Court for declining to hear appeals on lower court rulings that overturn same-sex marriage bans, calling the justices’ move “tragic and indefensible.”

“By refusing to rule if the States can define marriage, the Supreme Court is abdicating its duty to uphold the Constitution,” he said in a statement. “The fact that the Supreme Court Justices, without providing any explanation whatsoever, have permitted lower courts to strike down so many state marriage laws is astonishing.”

On Monday, the Supreme Court decided not to hear challenges to lower court rulings on same-sex marriage during its upcoming term. That effectively marked the end of the road for cases from five states: Indiana, Utah, Virginia, Oklahoma and Wisconsin. Without a Supreme Court challenge, the lower court rulings that allowed gay marriage to become law in those states.

Similar ramifications are likely to be felt in six other states that fall under the same circuit courts.

“This is judicial activism at its worst,” Cruz said. “Unelected judges should not be imposing their policy preferences to subvert the considered judgments of democratically elected legislatures.” Cruz is often vocal on legal issues. As the former solicitor general of Texas, he argued cases in front of the Supreme Court and, before that, he clerked for former Supreme Court Chief Justice William Rehnquist. He is also a member of the Senate Judiciary Committee.

The freshman Texas senator is a favorite among many Christian conservatives because of stances based upon his religious convictions, including a staunch opposition to same-sex marriage. In September, he won the presidential straw poll at the Value Voters Summit in Washington after a speech in which he repeatedly talked about his religious faith and said that Republicans should stick to socially conservative values.

Cruz included his own brief legal rationale for why he believed the court had erred and said that he will introduce a constitutional amendment to “prevent the federal government or the courts from attacking or striking down state marriage laws.” He also touted a bill he introduced in February that would force the federal government to follow an individual state’s definition of marriage.

In response to Cruz’s statement, the Democratic National Committee emailed out the entire text of his statement to reporters, along with photos of two female couples that were just married in Virginia and Utah.


TOPICS: Constitution/Conservatism; Government; News/Current Events; US: Virginia
KEYWORDS: cruz; marriage; romney; romney4gaymarriage; romneyagenda; romneymarriage; samesexmarriage; scotus; statesrights; tedcruz
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1 posted on 10/06/2014 3:22:22 PM PDT by jazusamo
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To: jazusamo

This is a states rights issue and the SCOTUS should have ruled it that way.


2 posted on 10/06/2014 3:24:17 PM PDT by Georgia Girl 2 (The only purpose o f a pistol is to fight your way back to the rifle you should never have dropped.)
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To: jazusamo
w/ "Bathouse" Sluts; they've (USSC) have become Lazy/irresponsible.

3 posted on 10/06/2014 3:26:46 PM PDT by skinkinthegrass (The end move in politics is always to pick up a weapon...Pres. E'Bola/"Rustler" Reid? d8-)
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To: Georgia Girl 2

Absolutely

Go Ted Cruz!


4 posted on 10/06/2014 3:27:04 PM PDT by jazusamo (Sometimes I think that this is an era when sanity has become controversial: Thomas Sowell)
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To: jazusamo

Isaiah 5:20 applies.

When time comes to an end, this sin will not be applauded or celebrated.

See: Genesis 19.


5 posted on 10/06/2014 3:28:18 PM PDT by SoFloFreeper
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To: SoConPubbie

Ping


6 posted on 10/06/2014 3:29:40 PM PDT by jazusamo (Sometimes I think that this is an era when sanity has become controversial: Thomas Sowell)
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To: jazusamo

The SCOTUS is just as corrupt as the rest of the Federal Government, maybe more so.


7 posted on 10/06/2014 3:36:55 PM PDT by stockpirate (This will stop when conservatives take to the streets, not before.)
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To: jazusamo

Well!Congress funds the Judiciary.Why don’t they send the Chief Justice a message by cutting his budget?

This crap has to stop somewhere.

Less talk(complaining)and more action would be beneficial to get the courts attention.


8 posted on 10/06/2014 3:37:39 PM PDT by puppypusher ( The World is going to the dogs.)
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To: jazusamo; Kale; Jarhead9297; COUNTrecount; notaliberal; DoughtyOne; RitaOK; MountainDad; ...
Ted Cruz Ping!

If you want on/off this ping list, please let me know.

Please beware, this is a high-volume ping list!
9 posted on 10/06/2014 3:45:32 PM PDT by SoConPubbie (Mitt and Obama: They're the same poison, just a different potency)
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To: jazusamo
There were never enough loud and angry people in the streets to overturn infanticide so what did they have to fear over sodomy?

The Senate, kiddies, the Senate being elected since the 17th Amendment rather than handled the way the Constitution originally intended is the root of all these bad judges and the decisions that flow from them. Far more so than the President.

Enjoy the fruits of early twentieth century progressives and their victory over the Constitution.

10 posted on 10/06/2014 3:46:32 PM PDT by Rashputin (Jesus Christ doesn't evacuate His troops, He leads them to victory.)
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To: Georgia Girl 2

States have no more legitimate authority to define marriage than the courts do. Marriage is what God defined it to be, in the very beginning.


11 posted on 10/06/2014 3:54:52 PM PDT by EternalVigilance
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To: jazusamo

Did Cruz call for impeachment?


12 posted on 10/06/2014 3:57:28 PM PDT by Cboldt
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To: Georgia Girl 2
Agreed. States should be deciding this. Anytime SC gets involved, politics make the ruling (not that it doesn't in the lower courts, but at least those are local).

they should, however, be releasing the write-up and an explanation of their actions for the record.

13 posted on 10/06/2014 3:58:27 PM PDT by FunkyZero (... I've got a Grand Piano to prop up my mortal remains)
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To: puppypusher
Congress can cut the budget for the Court as a whole, but it can;t cut the pay of the judges. Well, not within the Constitution, anyway.
The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services a Compensation which shall not be diminished during their Continuance in Office.
Article III, section 1
14 posted on 10/06/2014 4:00:07 PM PDT by Cboldt
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Please bump the Freepathon or click above to donate or become a monthly donor!

15 posted on 10/06/2014 4:00:25 PM PDT by jazusamo (Sometimes I think that this is an era when sanity has become controversial: Thomas Sowell)
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To: Cboldt

“Did Cruz call for impeachment?”

I believe he has before if memory serves me right.

Imagine the hand wringing if he got real vocal right now about it.

To the GOPE it is a third rail topic.


16 posted on 10/06/2014 4:03:00 PM PDT by right way right (America has embraced the suck of Freedumb.)
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To: FunkyZero

The Supreme Court has discretion to take this kind of case. The parties had a trial, and an appeal. Sometimes a justice who objects to denial of certiorari will pen a dissent. That is an unusual step.


17 posted on 10/06/2014 4:04:07 PM PDT by Cboldt
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To: EternalVigilance
Marriage is what God defined it to be, in the very beginning.. You do understand that not everyone in America believes in the same God you do, the same interpretation of God's laws, or even any God at all.

I seem to recall a lot of polygamy in the Bible. Does that comport with your view of "what God defined it to be"?

I don't think that is a standard that we can craft our laws on. The founders could probably have created a theocracy, but their experience led them in a different direction.

18 posted on 10/06/2014 4:05:27 PM PDT by Jack Black ( Disarmament of a targeted group is one of the surest early warning signs of future genocide.)
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To: SoFloFreeper

I’m afraid the American people don’t believe Genesis or Isaiah or any of the other sixty-four books of the Bible come to think of it.


19 posted on 10/06/2014 4:05:51 PM PDT by Theodore R. (Liberals keep winning; so the American people must now be all-liberal all the time.)
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To: Cboldt

Every thing is a third rail topic to the GOPe.
They base their whole future on just going along to get along and the hope that enough people are disgusted with Obama enough to vote.
Obama is not running.


20 posted on 10/06/2014 4:06:10 PM PDT by right way right (America has embraced the suck of Freedumb.)
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