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Clarence Thomas: 'Another Example of This Court’s Increasingly Cavalier Attitude Toward the States'
CNS ^ | February 9, 2015 | Terence P. Jeffrey

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."


TOPICS: Constitution/Conservatism; Front Page News; News/Current Events
KEYWORDS: 10thamendment; 14thamendment; alabama; antoninscalia; articleiii; calliegranade; clarencethomas; fourteenthamendment; homosexualagenda; lutherstrange; marriage; naturalmarriage; roymoore; samesexmarriage; scotus; statesrights; tenthamendment
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To: xzins; Lurking Libertarian; Perdogg; JDW11235; Clairity; Spacetrucker; Art in Idaho; GregNH; ...

FReepmail me to subscribe to or unsubscribe from the SCOTUS ping list.

61 posted on 02/10/2015 7:56:40 AM PST by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
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To: xzins

As this country becomes more and more perverted, the 14th Amendment plays right into the hands of the perverted. Pretty much allows for anything.


62 posted on 02/10/2015 7:58:58 AM PST by Happy1947
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To: xzins

Just posted this on another thread. I think it applies here, too:

I think most everyone misses the point about “gay marriage.”

1. Official Washington is a massive collection of lawyers.

2. Lawyers are always looking for ways to increase their bottom line.

3. “Gay marriage” is a bonanza for the legal crowd, from divorce lawyers to estate lawyers and everyone in between.

4. Always follow the money.


63 posted on 02/10/2015 7:59:17 AM PST by JennysCool (My hypocrisy goes only so far)
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To: marron
"Time to resurrect the 10th amendment."

Some people think that the 2nd and 1st Amendments are the most important. I believe the the 9th and the 10th (which clarified the 9th) are THE most important Amendments. I believe in...

STATE'S RIGHTS
as the supreme authority over our lives. Don't like what you got in any given State, you have the option to move. Not so with the Fedgov leviathan.
64 posted on 02/10/2015 8:00:52 AM PST by A Navy Vet (An Oath is Forever)
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To: xzins

Is it a law if no one obeys it? This cuts both ways.


65 posted on 02/10/2015 8:04:06 AM PST by WriteOn (Truth)
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To: Lumper20
Thank you for fighting against the communist invasion of Viet Nam. Communism was (still is) the scourge of humanity. It was a just war that we could have won if not for the micro-management of LBJ/McNamara and the liberal media like Cronkite.

I will always admire you guys for fighting the good fight. I would have been there if not for my designation of 1Y.

That said, glad I didn't go. Combat is bad enough, but when you don't have the support of your leadership and your Country than why fight?

Signed: A simple aviation swabbie from the cold war. Big deal.

66 posted on 02/10/2015 8:21:21 AM PST by A Navy Vet (An Oath is Forever)
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To: xzins

Judge Roy Moore would make an excellent replacement for the next SCOTUS opening.


67 posted on 02/10/2015 8:25:00 AM PST by oldtech
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To: Political Junkie Too
Did Roberts become another Souter?

I think he is another Souter. Like Souter, he was very coy about answering pointed questions about potential rulings from liberal senators during his confirmation hearings. That was a smokescreen to hide that he is a big lib. I do not believe anybody "has something on him". I think he drank the liberal kool-aid and decided he likes it. When he reads about himself in newspapers or Time or Newsweak, he will read only complimentary things that will make him feel good about himself. That makes him feel all warm and fuzzy inside.

68 posted on 02/10/2015 8:35:26 AM PST by Sans-Culotte (Psalm 14:1 ~ The fool says in his heart, “There is no God.”)
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To: Blood of Tyrants
"The Constitution already has a remedy to stop judicial activism. Congress has the power to create a law that is exempt from judicial review."

Of course. However, until the Constitutional Conservatives can build their power, it won't happen with the Rinos dominating the party. Still, I'm encouraged to see so many true conservatives fighting the system.

69 posted on 02/10/2015 8:35:36 AM PST by A Navy Vet (An Oath is Forever)
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To: Blue Collar Christian
"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."

While I don't believe the States will stop their tax submissions, I'm witnessing them do other things to curtail Fedgov largess. The "Individual States" are NOW fighting back for their sovereignty. This gives me faith.

70 posted on 02/10/2015 8:40:41 AM PST by A Navy Vet (An Oath is Forever)
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To: xzins

Our judges swear to uphold the Constitution, but the only thing they are really law to is the Hegelian/Marxist “wheel of history.” Their every judgment upholds this “grand historical evolution to a secular utopia” and can all be predicted well ahead of time.


71 posted on 02/10/2015 8:42:09 AM PST by Zionist Conspirator (Throne and Altar! [In Jerusalem!!!])
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To: A Navy Vet

You served and a conflict could well have started during your enlistment. Regardless, I have heard some claim to be this or that, but; I can honestly say we needed cooks, supply SGT’s, personnel NCO’s, clerk typists, aircraft mechanics, plus many more. We had the only USAF Helicopter Squadron in Vietnam fly solely for us in Vietnam and NE Cambodia. I will flat out state that all helicopter pilots were needed as were their crews, but; these AF pilots were all IFR and not just VR . Their NCO’s had years flying also. Several chopper pilots had flown SR-71’s. I was lucky to have so many fine men help me and our unit. It was the SF NCO’s who made me look much better then I was.


72 posted on 02/10/2015 9:01:29 AM PST by Lumper20 ( clown in Chief has own Gov employees Gestapo)
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To: A Navy Vet

It is damn sad to even think any Supreme Court justice would rule against the Lord and God. Our founding fathers have to be rolling over in their graves. This country had best worry about our Creator.


73 posted on 02/10/2015 9:15:26 AM PST by Lumper20 ( clown in Chief has own Gov employees Gestapo)
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To: MrB
How about some state just saying “no”, and daring the feds to enforce it?

Judge Roy Moore is taking a stand again, Governor ducks issue.

74 posted on 02/10/2015 9:45:08 AM PST by itsahoot (55 years a republican-Now Independent. Will write in Sarah Palin, no matter who runs. $.98-$.89<$.10)
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To: Lumper20

I think all Christians need to take a good, hard look at the video of the poor Jordanian pilot being burned alive...and think about an eternity of that.

I’m not changing my beliefs for ANYBODY. Nope. Not a chance.


75 posted on 02/10/2015 9:48:50 AM PST by tuffydoodle (Shut up voices, or I'll poke you with a Q-Tip again.)
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To: HLPhat
Rom 1:25 Who changed the truth of God into a lie, and worshipped and served the creature more than the Creator, who is blessed for ever. Amen.

Rom 1:26 For this cause God gave them up unto vile affections: for even their women did change the natural use into that which is against nature:

Rom 1:27 And likewise also the men, leaving the natural use of the woman, burned in their lust one toward another; men with men working that which is unseemly, and receiving in themselves that recompence of their error which was meet.

Rom 1:28 And even as they did not like to retain God in [their] knowledge, God gave them over to a reprobate mind, to do those things which are not convenient;

Rom 1:29 Being filled with all unrighteousness, fornication, wickedness, covetousness, maliciousness; full of envy, murder, debate, deceit, malignity; whisperers,

Rom 1:30 Backbiters, haters of God, despiteful, proud, boasters, inventors of evil things, disobedient to parents,

Rom 1:31 Without understanding, covenant breakers, without natural affection, implacable, unmerciful:

Rom 1:32 Who knowing the judgment of God, that they which commit such things are worthy of death, not only do the same, but have pleasure in them that do them.

76 posted on 02/10/2015 9:54:13 AM PST by itsahoot (55 years a republican-Now Independent. Will write in Sarah Palin, no matter who runs. $.98-$.89<$.10)
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To: tuffydoodle

Agree.


77 posted on 02/10/2015 10:01:23 AM PST by Lumper20 ( clown in Chief has own Gov employees Gestapo)
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To: Carry me back
The states have to take the power over.

Before that happens Citizens will be a minority in their own Country.

78 posted on 02/10/2015 10:04:31 AM PST by itsahoot (55 years a republican-Now Independent. Will write in Sarah Palin, no matter who runs. $.98-$.89<$.10)
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To: MrB
Federal taxes from the states would be collected but held in escrow until the feds decided to go back in their Constitution cage.

Huh?

What federal taxes do states pay?

79 posted on 02/10/2015 10:05:29 AM PST by ConstantSkeptic (Be careful about preconceptions)
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To: Blood of Tyrants
The Constitution already has a remedy to stop judicial activism. Congress has the power to create a law that is exempt from judicial review.

You won't find many here that believe that. I have argued with several who don't back when B1 Bomber Bob was scuttled.

80 posted on 02/10/2015 10:12:30 AM PST by itsahoot (55 years a republican-Now Independent. Will write in Sarah Palin, no matter who runs. $.98-$.89<$.10)
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