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Judge Voids Nebraska Same-Sex Marriage Ban

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#1

Judge Voids Nebraska Same-Sex Marriage Ban

The Republicans keep trying to get those damn judges to sit down, shut up, and toe the party line, but the judges keep telling them to kiss their collective ass. I'm loving this.

Sorry for all the political posts- I'm writing my Con Law paper and that's all I have on my brain. I just thought I'd put up a good story to counter all the bad.
New York Times
#4

re: Judge Voids Nebraska Same-Sex Marriage Ban

He is the kind of "activist" judge the Republicans want to silence and neuter so that they can control all three branches of the government: executive, legislative and judicial.

At that point, the United States will cease to be a democracy and become what the Bush administration wants it to be: a Republican theocratic dictatorship.

It can't happen here? It is already.
#5

re: Judge Voids Nebraska Same-Sex Marriage Ban

Fortunately not yet, PJ. At least there are some enclaves of left-minded people who are keeping enough non-Republican congressmen in office to stir up enough dissent.
I wonder how long before the west and east coasts just secede and join Canada?
#7

re: Judge Voids Nebraska Same-Sex Marriage Ban

See, that's the funny thing. In terms of appointees, they already control the judicial branch. Most judges nowadays were appointed by Republicans; it's a natural consequence of the Republican era we've been in since Reagan.

But judges in high-level courts, unlike officials of other branches, aren't elected. Also, no matter what level they're at, their loyalty is to the Constitution rather than a constituency. And while you can get pretty damn cynical (and justifiably so) about judges' motives sometimes, the fact that they try to adhere to relatively apolitical legal principles shows. Even super-conservatives like Scalia and Thomas have written decisions I whole-heartedly agree with.

So the judicial branch will continue to be slightly contrary when it feels the need, and when pushed it will push back, because that's just part of the natural give-and-take of American government. I honestly think we're getting past the worst of this time of Republican dominance, no matter how many apocalyptic scenarios PJ tosses around.
#8

re: Judge Voids Nebraska Same-Sex Marriage Ban

But that's what is so scary about the Bush Administration, PLum. Right down the line, they DEMAND 100% party loyalty. And that party loyalty means, well, toeing the line on everything Dubya says do.
And that included judges. Forget the Constitution. IT is meant to be shaped by Republican ideals only, with no room for compromise or interpretation by outside forces.
And that fact is only enforced by their desire to change the constitution or built-in protections (like filibustering, which our FOUNDING FATHERS wanted, just like their supposed desire to include God in everything political) when judges go all activist and choose to rule against their policies.
And that is frightening. Rather than accept it, they want to change it.
#9

re: Judge Voids Nebraska Same-Sex Marriage Ban

I WISH it were only my scenario. Unfortunately, it comes directly from Republican and Neoconservative thinkers and think-tanks.

Read Repuublican legal expert Mark Levin's bestseller "Men In Black: How the Supreme Court Is Destroying America"--it's a manifesto on how to dismantle the American court system by what the flap copy describes as "one of America’s preeminent conservative commentators and constitutional lawyers." He and many conservatives likes him believe the country would be better off if the courts were stripped of their powers.

Men In Black: How the Supreme Court Is Destroying America

Updated On: 5/12/05 at 10:57 PM

#10

re: Judge Voids Nebraska Same-Sex Marriage Ban

You're mixing up what they want with what exists. You think this is the first time the dominant political party has made a power grab? What I see is moderate Republicans growing increasingly uncomfortable in their party. I see that party affiliations of politicians at the local level are growing increasingly Democratic. I see that while Bush pushed forward all his major policy initiatives in his first term, this time around a whole lot of folks aren't accepting his plan for Social Security. And I see that John Bolton just got sent up to a Senate vote without a recommendation, with one Republican Senator calling him about as wrong for the job as it's possible to be.

I see a pendulum starting to swing in another direction. Make no mistake; we're still deep in a right-wing quagmire. But I think you're making a mistake in looking at the trend of the past 20 years and drawing a straight line to some ultra-right nightmare scenario when the whole history of this country has been one of political cycles.
#11

re: Judge Voids Nebraska Same-Sex Marriage Ban

PLum, it's very hard to be a human being in the sights of the right-wing Agenda gun and not be a little scared, so you'll excuse me if I say, "I'll believe the pendulum is shifting when I see it."
Sorry mixing a metaphor there.
#12

re: Judge Voids Nebraska Same-Sex Marriage Ban

I'm not saying it's time to sit down and watch the natural goodness of people take over, but I am saying it's premature to think the right-wing nutters will get everything they want.
#13

re: Judge Voids Nebraska Same-Sex Marriage Ban

Well, they clearly know how to focus their energies now...and their main focus now is the judiciary. They're smart. They push and push and push until the people show signs they disagree (like the Schiavo disaster) then they shift their focus really quickly.
And they help ease people into it with this new trend of lingo-izing everything. How many times do we have to hear "Activist judges" before we really start to believe these people are wild cards out there postulating on law haphazardly? At least, people with no real sense of our legal system will believe it.
#15

re: Judge Voids Nebraska Same-Sex Marriage Ban

Keep telling yourself that, Chicken Little. Exactly what does predicting doom accomplish except making people feel like they can't do anything about it? If the end is near, what can any of us do? You about as useful as one of those fun subway preachers who tells me I'm going to hell when all I really want is to go downtown.
#16

re: Judge Voids Nebraska Same-Sex Marriage Ban

PJ - BWS - yet another Red State of my youth!

I am an optimist. We will see the shift soon! We were discussing here tonight that the "religious" right is distorting the perception for many religious citizens that are not hate mongers but faithful believers. We will see a backlash.
#17

re: Judge Voids Nebraska Same-Sex Marriage Ban

I truly believe that 2006 and def 2008 will be a wake up call for them. I can't wait to see Karl Rove pissing his panties and crying into his breakfast.

They won a lot--and got way too big for their britches way too quickly.

The irony is that if they supported the arts more, they would know allllll about HUBRIS and what a nasty b!tch it can be!
johnraymondbarker.com
#18

shine up yer pink triangles

the end is near.
r.i.p. marco, my guardian angel.

...global warming can manifest itself as heat, cool, precipitation, storms, drought, wind, or any other phenomenon, much like a shapeshifter. -- jim geraghty

pray to st. jude

i'm a sonic reducer

he was the gimmicky sort

fenchurch=mejusthavingfun=magwildwood=mmousefan=bkcollector=bradmajors=somethingtotalkabout: the fenchurch mpd collective
#19

shine up yer pink triangles

Be careful about letting some of us too near your end, Papa.
#20

shine up yer pink triangles

you might want to be a little careful yerself there, d, mama made baked beans!
r.i.p. marco, my guardian angel.

...global warming can manifest itself as heat, cool, precipitation, storms, drought, wind, or any other phenomenon, much like a shapeshifter. -- jim geraghty

pray to st. jude

i'm a sonic reducer

he was the gimmicky sort

fenchurch=mejusthavingfun=magwildwood=mmousefan=bkcollector=bradmajors=somethingtotalkabout: the fenchurch mpd collective
#21

shine up yer pink triangles

This will give the disgusting Bush administration another chance to start screaming about gay marriages instead of concentrating on the real problems of this country that they caused.

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