On Prop. 8 Supreme Court Must Walk A Fine Line (Crocodiles Swimming In The Bathtub Alert)

Los Angeles Times ^ | 11/18/2008 | Maura Dolan

[goldstategop]

The California Supreme Court is being asked by Proposition 8 backers to do something extreme -– to overturn the will of voters who earlier this month banned gay marriage.

It’s a choice fraught with potential political ramifications for the justices -- including threats of recall.

“It is a time of lots of crocodiles in the bathtub,” said Santa Clara University law professor Gerald Uelmen, who has followed the court for decades. "Their oath requires them to ignore these kinds of political threats. But the threat of having to face a contested election is a significant one.”

[goldstategop]

The California Supreme Court could try to overturn Proposition 8. However for the Justices if they do arrive at that result, the crocodiles are swimming in the bathtub - in the form of a recall election or being voted out when they come up for reconfirmation in a retention election.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

[informavoracious]

IOWtgey will base their decision on what it will mean to their careers, not on the Constitution.

What's contested about the election? Prop 8 clearly passed. No contest.

[Saundra Duffy]

“The California Supreme Court is being asked by Proposition 8 backers to do something extreme -– to overturn the will of voters who earlier this month banned gay marriage. “

Why would the “backers” of Prop 8 want it overturned? Doesn’t make sense.

[BossLady]

(Crocodiles Swimming In The Bathtub Alert)

LMAO! Good One!!! ;)

[goldstategop]

Maura meant the opponents... LOL. I'm not gonna e-mail her about that flub. :-)

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

[Da Coyote]

Never underestimate the ability of a lib judge to lie, cheat, and steal. That proposition is doomed.

Our service academies throw these types out, but our “top” schools welcome them - and turn them out as lawyers, journalists, or community organizers

[Lurker]

Why would the “backers” of Prop 8 want it overturned?

They don't want it overturned, they want it head by the Court. That way if the SC of CA overturns it, they can organize recalls or simply vote them out of office next time around.

Also, if the SC of CA upholds 8, the militant homosexual lobby is essentially finished on this issue in CA.

Either way, the supporters of 8 win.

L

[Izzy Dunne]

the crocodiles are swimming in the bathtub - in the form of a recall election or being voted out when they come up for reconfirmation in a retention election.

At some point someone has to say that the health of the Republic and the voice of the people mean something more than their own career.

Easy for me to say, I know, but if it's not true, we really are doomed.

[Captain Rhino]

Reference to contested election is that California Supreme Court justices are elected. Normally, these elections are not contested. However, P-— O— the people, they can be recalled or, failing that, not be reelected in, IIRC, 2010.

[sailor4321]

Since when do the anointed give a hoot about what the people think? They’re going to over turn it.

[goldstategop]

She meant to say the opponents. Its nearly impossible to get a constitutional amendment overturned. The Court would have overrule a bunch of cases going back to the 19th Century to thwart the will of the people. My guess is they will uphold it as an amendment and tell the opponents if they want to get that changed they'll have ask the people to change the language. I'd like to see them make a positive case for same sex marriage. They haven't made one either to the California Supreme Court.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

[BlueStateBlues]

I read yesterday that Att. General Moonbeam Brown was going to ask that the amendment be set aside until an opinion is reached. This would allow for another rush of marriages.

[17th Miss Regt]

That is a strange thing to say. I tried replacing ‘contested’ with ‘recall’ but it still made no sense unless the justices are afraid of a recall election unless they overturn Prop 8. Of course, if they overturn it there will be a recall election. The safe course is to throw out the suit on some basis or another without having to rule on the substance of Prop 8.

[Logical me]

I don't give a hoot which side or who start a recall of these rotten bunch of black robe nitwits that object to the will of the people. These nitwits should have never got into the first prop and tried to overturn it. It cost taxpayers millions to find out that the will of the people spoke again. So recall them, Kalifornia cannot afford this stuff.

[informavoracious]

Don’t think so. Why would say “contestED” if they were talking about a furure occurrence, i.e. a recall or losing a future election.

[Captain Rhino]

Suit yourself.

[informavoracious]

And the rest become the “journalists” who report this crap.

[informavoracious]

Actually, I stand corrected. In re-reading it, I see he says the possibility of a contested election. My apologies.

[Joe Boucher]

Sandra Day said she was frightened at how judges are being criticized and treated of late.
I sincerely hope these Calif. supremes are a bit frightened.
Lots of crazies out there on both sides.

[longtermmemmory]

Most judges are clueless when it comes to the world outside of the courts.

Judges despise “self help”. Essentially it is a judges job to PROMOTE DEPENDENCE on the courts to resolve issues. They like to supervise human relations as if they are aristocrats lording over the pets.