Posted on 02/10/2015 6:03:47 AM PST by xzins
In a dissenting opinion joined by Justice Antonin Scalia, Justice Clarence Thomas excoriated his fellow justices for refusing to temporarily stop enforcement of a federal district judge's ruling that overturned the marriage laws of the state of Alabama and ordered Alabama to recognize as legal "marriages" unions between two people of the same sex.
On Jan. 23, U.S. District Judge Callie Granade ruled that Alabama laws limiting marriage to the union of one man and one woman violated the 14th Amendment guarantee of equal protection of the law. Alabama Attorney General Luther Strange petitioned the Supreme Court to prevent the judge's decision from going into effect until the Supreme Court itself issued its ruling on same-sex marriage--which the court will do this term.
The Supreme Court refused to stay the lower court ruling--with Justice Thomas and Scalia dissenting.
In his dissent from the court's refusal to grant the stay, Justice Thomas rhetorically smacked his colleagues for disregarding it own standard practices and the deference due to state governments and voters.
"This acquiescence [in the lower court ruling] may well be seen as a signal of the Court’s intended resolution of that question [of same-sex marriage]," wrote Thomas.
"This is not the proper way to discharge our Article III responsibilities," he said. "And, it is indecorous for this Court to pretend that it is. Today’s decision represents yet another example of this Court’s increasingly cavalier attitude toward the States. Over the past few months, the Court has repeatedly denied stays of lower court judgments enjoining the enforcement of state laws on questionable constitutional grounds.
"It has similarly declined to grant certiorari to review such judgments without any regard for the people who approved those laws in popular referendums or elected the representatives who voted for them," wrote Thomas. "In this case, the Court refuses even to grant a temporary stay when it will resolve the issue at hand in several months."
When The President and the Congress behave lawlessly, contemptuous of the Constitution, we seek redress in the Courts.
When the President, the Congress, and the Courts behave lawlessly, contemptuous of the Constitution, we seek redress, ... where?
In the 2nd amendment!
When the Constitution is ignored by Scotus, why should Scotus be ignored by the states and by the people?
The truth is: when the rules don’t apply at one point, then they don’t apply at any point.
So let me seeif I have this right...
The State law on the books (aka The Will Of The People) states that homosexual marriage is not recognized in their state.
A single Federal activist judge legislated from the bench, overturned said law (aka The Will Of The People) and is making recognition of homosexual marriage compulsory.
And the SCROTUS states they will not interfere with their boyfriend in black robes?
Am I reading this right?
The feds’ response will be to not send federal funding back to the states that refuse to capitulate, while still collecting taxes from said states. The states need to back up their refusal to toe the line by withholding taxes from the feds.
We must pray for God to turn us around rather than destroy us.
I don’t want the US just to be spared for “the sake of 10 righteous” within it. I want it to be turned back to the way that leads to life.
>>a convention of the states under Article V of the Constitution
So the same tyrannical majority who elected, and then REelected, Comrade Chairman Obumble will fix things?
Meanwhile the Romans 1:25+ clock ticks predictably toward the inevitable natural flushing of the cultural toilet.
Yep, that’s what the “next escalation” would have to be.
We’ve discussed this on FR before.
Federal taxes from the states would be collected but held in escrow until the feds decided to go back in their Constitution cage.
Box #3.
I’ve read an analysis that proposed that the 55 mph speed limit was the beginning of the end for the rule of law.
It was a federally imposed law. It was arbitrary in nature, and no one felt a strong compulsion to obey it because of this.
And, once you open the door on general disregard for one law, the rest are on a slippery slope.
You are reading it exactly right, Sarge. Moreover, the very behavior that scotus must believe is ‘ripe’ for forced imposition on the culture is a behavior that has never been allowed on the same level as natural marriage anyplace in history that I can find.
And it is a behavior that just 6 years ago, the current president said he opposed.
Suddenly, the Scotus thinks this is ‘ripe’? It’s their thinking process that is ripe....rotten, stinking, putrid.
Hear! Hear!
Be instrumental in REVIVAL!
Many men who fought with me against the communist NVA and VC are highly PO’d at Obama and crew as these low life scum sucking free loaders have never done one damn thing for America. They go around the world bad mouthing this country and apologizing. We do not need to apologize to anyone for anything. These Obama gay loving fags that want to turn little boys into queers need to be locked up in prison with some hardened criminals. See if they like being sodomized. This common core BS is based on lies like the Gettysburg Address was given by a liberal. The lies our young kids learn in schools is hurting them and they are being dumbed down. The dumbing down of America started with desegregation as teachers lowered standards to teach to the less educated.This continued downward as more and more students became less interested and less educated.
Clarence Thomas is a true Constitutionalist and should be held as the example for all blacks, more importantly, all Americans. I often wonder what he thought of Justice Robert's erroneous judgment regarding Obambicare being a tax, when the legislation clearly stipulated it was a penalty/fine.
Why isn’t a convention in the works. What is the delay? Who starts the ball rolling? We need to find out and build a fire under them.
14th Amendment - the gift that keeps on giving. That, and “the General Welfare”.
“On Jan. 23, U.S. District Judge Callie Granade ruled that Alabama laws limiting marriage to the union of one man and one woman violated the 14th Amendment guarantee of equal protection of the law.”
It’s amazing what passes for legal reasoning with the lunatics that call themselves judges these days.
Article III, 10th and 14th Amendments ping.
Bammy is leading on this path.
Kagan was clapping bozo as he spoke at the SOTU speech. Ginsburg is senile and has no clue what s going on and the wise Latina is just another hack for the liberal agenda , while Roberts and Kennedy are cowards looking to be invited to the next elitist DC cocktail party.
In the meantime bozo is putting more and more of his judges in power and not a frigging peep from the GOP.
10th amendment with freedom of religion when it comes to the homostapo has virtually gone now.
Christians are being sued and losing their jobs due to the homostapo and yet the courts rule that a muslim can grow a beard while in prison due to his religious rights
State AG’s say no and then the Feds overrule the state courts and nothing happens after. It;s a disgrace and I hope those idiots which state they have no problem with homosexual marriage wake the hell up for once.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.