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JUSTICE ALITO DENOUNCES OUR “ARROGANT LEGAL CULTURE” IN THE DOMA CASE
Powerline ^
| 06/26/2013
| BY PAUL MIRENGOFF
Posted on 06/26/2013 5:46:22 PM PDT by SeekAndFind
Justice Alito’s dissent in the DOMA case contains an instant-classic footnote (number 7). I reproduce it below in its entirety, hoping that you will read the whole thing:
The degree to which this question [the traditional view of marriage vs. the consent-based view] is intractable to typical judicial processes of decisionmaking was highlighted by the trial in Hollingsworth v. Perry. In that case, the trial judge, after receiving testimony from some expert witnesses, purported to make findings of fact on such questions as why marriage came to be, Perry v. Schwarzenegger, 704 F. Supp. 2d 921, 958 (ND Cal. 2010) (finding of fact no. 27) (Marriage between a man and a woman was traditionally organized based on presumptions of division of labor along gender lines. Men were seen as suited for certain types of work and women for others. Women were seen as suited to raise children and men were seen as suited to provide for the family), what marriage is, id., at 961 (finding of fact no. 34) (Marriage is the state recognition and approval of a couples choice to live with each other, to remain committed to one another and to form a household based on their own feelings about one another and to join in an economic partnership and support one another and any dependents), and the effect legalizing same-sex marriage would have on opposite-sex marriage, id., at 972 (finding of fact no. 55)(Permitting same-sex couples to marry will not affect the number of opposite-sex couples who marry, divorce, cohabit, have children outside of marriage or otherwise affect the stability of opposite-sex marriages).
At times, the trial reached the heights of parody, as when the trial judge questioned his ability to take into account the views of great thinkers of the past because they were unavailable to testify in person in his courtroom. See 13 Tr. in No. C 092292 VRW (ND Cal.), pp. 30383039.
And, if this spectacle were not enough, some professors of constitutional law have argued that we are bound to accept the trial judges findingsincluding those on major philosophical questions and predictions about the futureunless they are clearly erroneous. [citations omitted] Only an arrogant legal culture that has lost all appreciation of its own limitations could take such a suggestion seriously.
(emphasis added)
TOPICS: Government; Politics; Society
KEYWORDS: alito; doma; gaymarriage; homosexuality
To: SeekAndFind
2
posted on
06/26/2013 5:47:50 PM PDT
by
equaviator
(There's nothing like the universe to bring you down to earth.)
To: equaviator
I am saddened beyond words by this. This is why elections have consequences.
3
posted on
06/26/2013 5:51:18 PM PDT
by
rlmorel
(Silence: The New Hate Speech)
To: SeekAndFind
A man who knows well his place in the grand scheme.
Thank you for sanity and clarity in a world distracted.
4
posted on
06/26/2013 5:51:27 PM PDT
by
SE Mom
(Proud mom of an Iraq war combat vet)
To: SeekAndFind
I call for mass secession! Hack judges like Kagan, hack senators like Reid, hack reps like Piglosi, hack bureaucrats like Napolitano, and a filthy, commie sodomite in the white hut! This is not the Founder’s America!
5
posted on
06/26/2013 5:54:48 PM PDT
by
Viennacon
To: equaviator
6
posted on
06/26/2013 5:57:20 PM PDT
by
betty boop
(We are led to believe a lie when we see with, and not through the eye. — William Blake)
To: SeekAndFind
The current generation of lawyers believe history started when they were born. Future generations will discard their rulings in the ashbin of history where they belong.
7
posted on
06/26/2013 6:03:13 PM PDT
by
microgood
To: SeekAndFind
And to think; we sucker conservatives thought we’d gotten such a precious jewel in Alito. And what about the commie libs “opposing” his confirmation?! Or was THAT merely rope-a-dope to blow smoke up OUR transoms?! I feel like Alice in Wonderland or something, with everything bassackwards from what it SHOULD be!
Could this be another indication of “jury tampering” by the white hut, using dirt dug up on these justices via NSA snooping? If so, we can NEVER expect a fair verdict again; EVER!
8
posted on
06/26/2013 6:05:40 PM PDT
by
Tucker39
To: Tucker39
And to think; we sucker conservatives thought wed gotten such a precious jewel in Alito. Alito dissented in this decision. He was on the correct side, as usual.
9
posted on
06/26/2013 6:13:34 PM PDT
by
Pollster1
("Shall not be infringed" is unambiguous.)
To: rlmorel
I am saddened beyond words by this. This is why elections have consequences. If the GOP hadn't purged Reaganism out of its ruling class ranks and made itself so repugnant to real Republicans, none of this would be happening.
10
posted on
06/26/2013 6:21:27 PM PDT
by
Moonman62
(The US has become a government with a country, rather than a country with a government.)
To: rlmorel
It has been growing like a cancer for many years. It was liberal crackpot "Justice" William O Douglas who opined that trees may have standing to sue. Wonder how his liberal descendants on the Court would accept that premise today, when ordinary citizens were found to be without standing.
To: Tucker39
Huh? He was criticizing the judiciary for overstepping their bounds against the will of the people...in a dissent to a bad decision today.
12
posted on
06/26/2013 6:41:08 PM PDT
by
ilgipper
(Obama is proving that very bad ideas can be wrapped up in pretty words)
To: SeekAndFind
How soon will the polygamists, people who want to marry their mothers, brothers, sisters, daughters, etc., and the Man-Boy pederasty crowd be allowed their equality in the dreamland of liberal jurisprudence. The country is doomed!
To: SeekAndFind
Marriage is the state recognition and approval of a couples choice to live with each other, to remain committed to one another and to form a household based on their own feelings about one another and to join in an economic partnership and support one another and any dependentsIs this what Alito believes? And I thought that a marriage was a union between a vagina person and a penis person for the procreation of humanity? Geez, I guess I got it all wrong? Well, maybe I will marry Fido after all.....
It is sad that these jackasses, who are supposed to be highly educated, can't see beyond their noses.....
14
posted on
06/26/2013 7:17:01 PM PDT
by
eeriegeno
(<p>)
To: SeekAndFind
"Only an arrogant legal culture that has lost all appreciation of its own limitations could take such a suggestion seriously."
Drat. Too long for a tagline
15
posted on
06/26/2013 7:37:38 PM PDT
by
Mrs. Don-o
( Only an arrogant legal culture ... could take such a suggestion seriously." - Justice Alito)
To: SeekAndFind
Hussein wil not be happy with this.
16
posted on
06/26/2013 7:43:51 PM PDT
by
fatima
(Free Hugs Today :))
To: eeriegeno
He was quoting the California judge ... this is what Alito’s response is, silly:
Only an arrogant legal culture that has lost all appreciation of its own limitations could take such a suggestion seriously
To: fatima
RE: Hussein will not be happy with this.
To: SeekAndFind
The loss of democracy. Why even vote anymore.
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