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Thread: Judge’s personal life debated after gay ruling

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    Re: Judge’s personal life debated after gay ruling

    Quote Originally Posted by Taylor View Post
    How is any of this relevant?
    In the same way the judge's orientation is relevant.
    We became a great nation not because we are a nation of cynics. We became a great nation because we are a nation of believers - Lindsey Graham

    Quote Originally Posted by Fiddytree View Post
    Uh oh Megyn...your vagina witchcraft is about ready to be exposed.

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    Re: Judge’s personal life debated after gay ruling

    Quote Originally Posted by Jetboogieman View Post
    So instead of finding intelligent arguments against the Judges ruling, the hard right calls him gay.
    How about this argument:

    Given the empirical and local value-laden nature of the questions that lie at the heart of the issue, why, in a Nation whose Constitution foresees democratic decisionmaking, is it so fundamental a matter as to require taking that power from the people? What is it here that the people did not know? What is it that a judge knows better?
    -Justice Breyer, McDONALD v. CHICAGO

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    Re: Judge’s personal life debated after gay ruling

    Quote Originally Posted by Goobieman View Post
    -Justice Breyer, McDONALD v. CHICAGO
    That is a rather verbose way of saying, "The people know better than a judge." My question for Justice Breyer is why we need him? Why do we even need an independent judiciary if the people always know better than the courts?

    Furthermore, what does a case on the Right to bear arms have to do with same sex marriage?
    Last edited by CriticalThought; 08-11-10 at 05:25 PM.

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    Re: Judge’s personal life debated after gay ruling

    Quote Originally Posted by Goobieman View Post
    How about this argument:


    -Justice Breyer, McDONALD v. CHICAGO
    So where in the Constitution does it say that rights are decided by majority vote?

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    Re: Judge’s personal life debated after gay ruling

    Quote Originally Posted by CriticalThought View Post
    Furthermore, what does a case on the Right to bear arms have to do with same sex marriage?
    His argument is that 'if the people decided (X), who is a judge to decide (not X)?'
    Given the premise, the particulars of (X) dont really matter.

    I'm just glad to see people disagree with one of the pillars of Breyer's dissent.

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    Re: Judge’s personal life debated after gay ruling

    Quote Originally Posted by Goobieman View Post
    His argument is that 'if the people decided (X), who is a judge to decide (not X)?'
    Given the premise, the particulars of (X) dont really matter.

    I'm just glad to see people disagree with one of the pillars of Breyer's dissent.
    Yeah, I'm definately against gun control. And arguing irrationally that the people know more than the courts about the law and the Constitution is pretty worthless. What does that have to do with same sex marriage?

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    Re: Judge’s personal life debated after gay ruling

    Quote Originally Posted by Coronado View Post
    So where in the Constitution does it say that rights are decided by majority vote?
    Laws are set in America by majority vote.
    ”People willing to trade their freedom for temporary security deserve neither and will lose both.” --- Ben Franklin

    Quote Originally Posted by The German View Post
    Sterotypes are mostly based on truths.

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    Re: Judge’s personal life debated after gay ruling

    Quote Originally Posted by CriticalThought View Post
    Yeah, I'm definately against gun control. And arguing irrationally that the people know more than the courts about the law and the Constitution is pretty worthless. What does that have to do with same sex marriage?
    I already explained that. The premise for the argument can be applied to both.
    Of course, I'll bet the farm that if the Prop8 case made it before a court that Breyer sat on, he'd find no merit in his own argument.

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    Re: Judge’s personal life debated after gay ruling

    1.) He was Appointed by Roland Regan, and was rejected by the Democrats for being too conservative.
    2.) He was nominated again by George W Bush, but this time was able to serve for s chief judge of the Northern District of California.

    To say, that he is biased because he is gay is a insult to his character as a Judge. It's basically saying, any judge that makes a ruling in favor of the gay population must be gay because it inverters with my thoughts about what morals are is just freaking insane.
    Last edited by RyrineaHaruno; 08-11-10 at 10:52 PM.

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    Re: Judge’s personal life debated after gay ruling

    Quote Originally Posted by Goobieman View Post
    How about this argument:

    Given the empirical and local value-laden nature of the questions that lie at the heart of the issue, why, in a Nation whose Constitution foresees democratic decisionmaking, is it so fundamental a matter as to require taking that power from the people? What is it here that the people did not know? What is it that a judge knows better?
    -Justice Breyer, McDONALD v. CHICAGO
    It begs the question, since it presupposes the law in question is democratic (in the sense of our constitutional democracy).
    Last edited by drz-400; 08-11-10 at 10:43 PM.

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