"God Bless Our Troops in Harms Way."
in the summer of 09 the obama doj outraged gay supporters not just by defending doma against a constitutional challenge from a citizen in CA in, i believe, the 9th circuit
but even more incendiary was doj's comparison in its brief of gay marriage to incest and/or having relations with a 16 year old
also, obama's doj enfuriated our fussiest friends by arguing doma "does not discriminate against gays for federal benefits"
at the time, the doj was telling its gay supporters that it was OBLIGATED to mount its defense of congressional legislation, which assertion of compulsion was very controversial, many didn't buy it
Paul Hogarth: Obama's DOMA Defense UnacceptableThe Justice Department Had a Choice
[Obama appointee Tony] West would probably say that he was "just doing his job." His career shows he has taken controversial cases and clients before, such as defending John Walker Lindh (the American Taliban) on charges of treason. White House spokesman Shin Inouye told the Los Angeles Times that the Justice Department was following its normal practice of defending current law. "The President has said he wants to see a legislative repeal of DOMA," he said. "However, until Congress passes legislation repealing the law, the administration will continue to defend the statute when it is challenged in the justice system."
Some advocates feel this is a double standard. The Justice Department chose not to prosecute officials in the Bush Administration for torture and other war crimes, even if their task is to "uphold the law." But prosecutors always have the discretion on whether or not to press charges, unlike a defendant forced to respond to a lawsuit. The Obama Administration arguably has a political double standard in this case, but it still doesn't answer the basic question: did the Justice Department have a choice?
Richard Socarides, a former top Justice Department official in the Clinton White House, argues that they did. "I know and accept that one of the Justice Department's roles is to (generally) defend the law against constitutional attack," he wrote this weekend. "But not in all cases, certainly not in this case - and not in this way ... Where there are important political and social issues at stake, the President should make a policy decision first and then the lawyers figure out how to apply it to actual cases. If the lawyers cannot figure out how to defend a statute and stay consistent with the president's policy decision, the policy decision should always win out."
Moreover, consider how California Attorney General Jerry Brown handled the suit against Proposition 8. Rather than defend state law (as his predecessor did for Prop 22), his office argued in front of the Supreme Court that Prop 8 was unconstitutional. Kenneth Starr (on behalf of the religious right) intervened to defend Prop 8, which the court accepted. It is not unusual when a law gets challenged in court that some advocates fear the government will not vigorously defend it. Occasionally, the court allows them to get involved. The Obama Administration did not have to defend DOMA, especially when there are plenty of right-wing groups ready to do it themselves.
i've noted privately to myself how the white house's appeal THIS WEEK of the MA circuit's broadminded ruling against doma has supplanted its claims of prescription with talk instead of "tradition"
i wouldn't know, i simply observe and point out the controversy, i do believe that jerry brown would act differently as demonstrated by his taking on PROPOSITION 8, duly ratified by direct plebiscite out here on the left coast
Obama administration appeals gay marriage ruling | Reuters"As a policy matter, the President has made clear that he believes DOMA is discriminatory and should be repealed," said Justice Department spokeswoman Tracy Schmaler. "The Justice Department is defending the statute, as it traditionally does when acts of Congress are challenged."
all must note obama's doj's activism on these matters, doma, dadt, holder's boys working in direct contradiction of the campaign claptrap
this couldn't come at a worse time
in the last 2 weeks poll after poll has shown THE SAME drastic decline in the president's demographics---hispanics, women, working class whites, youths, independents, undecideds, even african americans according to today's ebony
dips on the order of 20 points, across the board
and now, what experienced pols have persistently perceived---gays
there are no empirics yet on the gay turnout, but the gay and youth votes ARE intricately connected
and look what happened today to the presidential sellout on MTV:
he's dropped TWENTY SEVEN points among college students since 5-09The town hall was expected to be an anything-goes affair – a perception stoked by reports organizers had solicited “lighter questions” like the what-underwear-do-you-wear asked of Bill Clinton in the 1990s.
But the under-30 participants were almost defiantly grave, with tough questions flung at the president on issues ranging from race, genocide in Sudan, immigration, domestic violence, youth unemployment and his decision to appeal a court decision invalidating the military’s policy on gays.
The most heated exchange came when Bridget Todd, a faculty member at Howard University, asked Obama about his “alleged commitment” to gay rights – challenging him to use an executive order to kill “don’t ask don’t yell” immediately, as Harry Truman ended segregation in the military.
“The difference between my position and Harry Truman’s was [that] Congress explicitly passed a law that took away [my] policy power,” said a clearly agitated Obama, moments after Justice Department lawyers announced they would try to delay implementation of a court decision declaring the policy unconstitutional.
Barack Obama: Economy stokes 'tribal attitude' - Glenn Thrush - POLITICO.comJust 44 percent of college students approve of the job Obama is doing, while 27 percent disapprove of his job performance, according to a new Associated Press-mtvU poll – down from a 60 percent approval rating [vs 15% disapproval] in May 2009.
how do you think he's doing with gays?
gibbs tried to explain away the kids' sour mood by referencing our tuff economic times
politico countered with, "but few of the questions were about the economy, most were about social issues or politics"
i really am sorry to point these things out, i know how much pain they bring to some of you, i sympathize
but you really need to know, knowledge empowers
take care, stay up
Last edited by The Prof; 10-14-10 at 11:38 PM.
Let's say I got a majority to vote for the negation of the marriages of all Naval veterans and a judge called that unconstitutional. Is that "judicial activism"?
I don't see anything that directly addresses such a thing in the Constitution, but I'd be willing to bet you'd want to fight for your rights, including the use of the federal courts (who are their for those who feel the law is an infringement upon their Constitutional rights).
"He who does not think himself worth saving from poverty and ignorance by his own efforts, will hardly be thought worth the efforts of anybody else." -- Frederick Douglass, Self-Made Men (1872)
Last edited by Deuce; 10-15-10 at 05:15 PM.
One of you will end up here next!
Women (Nasty or otherwise) are going to be the reason that Donald Trump is NEVER President!
I grow tired of people defying what I tell them.
Last edited by MSgt; 10-15-10 at 06:04 PM.