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General => The Cantina => Topic started by: gleek on July 08, 2010, 06:44:59 PM



Title: [Politics/Religion] DOMA
Post by: gleek on July 08, 2010, 06:44:59 PM
Link (http://tpmlivewire.talkingpointsmemo.com/2010/07/federal-judge-rules-part-of-doma-unconstitutional.php?ref=fpa)

This is all fine and dandy, but if this case gets appealed to the SCOTUS, how do you suppose the wingnut-heavy bench will rule on this?


Title: Re: [Politics/Religion] DOMA
Post by: MFAWG on July 08, 2010, 06:53:00 PM


This case didn't address the biggest problem with DOMA at all, which is the fact that it not only violates the 14th Amendment, but Article VI as well:

Quote
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.


It's  possible they could rule like one would expect strict constructionists to rule   ;)


Title: Re: [Politics/Religion] DOMA
Post by: MFAWG on July 08, 2010, 07:17:26 PM
Now I have to wonder how The Noise Machine will be able to present one of the last Nixon appointees on the bench as a 'Librul Activist Judge'...


Title: Re: [Politics/Religion] DOMA
Post by: gleek on July 08, 2010, 07:40:32 PM
Now I have to wonder how The Noise Machine will be able to present one of the last Nixon appointees on the bench as a 'Librul Activist Judge'...

Nixon appointee? Are you talking about Harry Blackmun? Who's now dead and buried?


Title: Re: [Politics/Religion] DOMA
Post by: MFAWG on July 08, 2010, 07:47:30 PM
Now I have to wonder how The Noise Machine will be able to present one of the last Nixon appointees on the bench as a 'Librul Activist Judge'...

Nixon appointee? Are you talking about Harry Blackmun? Who's now dead and buried?

Nope.

The judge who decided this case was a Nixon appointee.

Quote
Judge Joseph L. Tauro ruled that the federal Defense of Marriage law violates the Constitutional right of married same-**** couples to equal protection under the law and upends the federal government’s long history of allowing states to set their own marriage laws.

http://en.wikipedia.org/wiki/Joseph_Louis_Tauro

Quote
On September 12, 1972, Tauro was nominated by President Richard M. Nixon to a seat on the United States District Court for the District of Massachusetts vacated by Francis J. W. Ford. Tauro was confirmed by the United States Senate on October 12, 1972, and received his commission on October 17, 1972. He served as chief judge from 1992 to 1999. Tauro remains the longest-serving active judge appointed by Nixon.

Of course, it will make no difference to the Noise Machine.