The SJC of Mass ignored the Massachusetts Constitution.

Massachussetts Constition and Amici Curae - Mass Citizens Alliance ^ | 11/19/03 | jwalsho7

[jwalsh07]

Judicial Activism?

[jwalsh07]

Judicial activism guys?

[Aquinasfan]

Judicial Activism?

Looks like it to me. Good find.

[Paleo Conservative]

Judicial Activism?

Hell yes. The proper legislative response would be to impeach a remove the judges from office.

[jwalsh07]

Thanks.

In the interest of fairness, here is the majority opinion and the dissents.

[MonroeDNA]

Since when does the Judiciary order the Legislative branch to do anything?

My only response, if I was a legislator, would be to cut their pay, and start impeachment proceedings.

[jwalsh07]

Chief Justice C.J. Marshall is wed to Anthony Lewis of the New York Times. Lewis is not one of our fellow travelers to say the least. An interesting aside that not many are aware of.

[Sabertooth]

Judicial Activism?

Nah, I'm sure the grandchildren of Puritans wanted to leave the door open for the eventual acceptance of wedded buggery.

[mc5cents]

Hell yes. The proper legislative response would be to impeach and remove the judges from office.

You got it! But well they? Naaaa.

[mc5cents]

Hell yes. The proper legislative response would be to impeach and remove the judges from office.

You got it! But well they? Naaaa.

[jwalsh07]

Since when does the Judiciary order the Legislative branch to do anything?

Dunno, Madison and Jefferson certainly told Marshall what he could do with Marbury's commission. :-}

[mc5cents]

Is there an echo in here?

[jwalsh07]

Thiink again, they ignored the clear wording of the Constitution of Massachusetts.

[ClearCase_guy]

Since when does the Judiciary order the Legislative branch to do anything?

Right. Checks and balances. The Court cannot write the legislation it is looking for. All the Court can do is say "Please write legislation that advances our agenda."

Whether the legislature wants to go ahead and write that law is a separate matter entirely.

[jwalsh07]

FYI.

[Always Right]

Legislatures have to get some balls and start impeaching judges that don't follow the laws.

[jwalsh07]

I would agree with that. :-}

[woodyinscc]

Thanks for the ping.

Where does the State of Mass. go from here?

Can Gov. Romney void this decision?

[LiteKeeper]

Judicial Tyranny

[jwalsh07]

No, he has endorsed a Constitutional Amendment to define marriage as between a man and a woman. I don't see where it's necessary. The language in their Constituion is quite clear concerning marriage. It is the responsibility of the legislature and is not under the courts jurisdiction.

Actually, and I think my friend Torie would agree, that is as it should be if one believes in a republican form of government and states rights.

Torie: States Rights good or bad here amigo?:-}