Showing posts with label Kim Davis. Show all posts
Showing posts with label Kim Davis. Show all posts

Sunday, October 4, 2015

The Intrinsic Good: Why All Conservatives Should Be Rallying Around Same-Sex Marriage

by Nomad

You would probably never consider the Supreme Court decision against same-same marriage bans to be a great victory for the conservatives. And yet, that's exactly what it was. They just refuse to admit it.


The Friends of the Court
The term, AMICI CURIAE, in Latin means the "friends of the court." These are respected citizens who offer fact-based evidence  as well as reasoned advice to the Supreme Court judges. This assistance is unquestionably a great asset to the justices.when they are tasked with difficult rulings. 

Such consultants are also failsafe against making judicial blunders. In theory, the more input from varied sources is given, the more balanced and well-thought out that decision will be.  
The group is normally made up "social and political conservatives, moderates, and libertarians from diverse backgrounds."

One look at the list of participants would reveal the truth about Senator Ted Cruz's ridiculous charge that the “tragic” Supreme Court decisions were a case of "judicial activism." In the case of the same sex marriage ban ruling, the group came from all walks of life.   
Many have served as elected or appointed officeholders in various Presidential administrations, as governors, mayors, and other officeholders in States and cities across the Nation, as members of Congress, as ambassadors, as military officers, as officials in political campaigns and political parties, and as advocates and activists for various political and social causes.
To claim this group of around 280 men and women from such varied political and social backgrounds could have an activist agenda is preposterous in the extreme.

When the SCOTUS was reviewing the constitutionality of state-level same sex marriage bans, the Amici dutifully reviewed as much information as it could find on the legality of same sex bans. Around 55 court cases were referenced and 19 authoritative texts were also consulted before they reached their conclusions.

The counsels, in addition, reviewed the constitutional and statutory provision with care. Due to the importance of the case and the ramifications of the decision, the amicus brief not a hastily drawn-up brief.

Wednesday, September 9, 2015

Have Republican Candidates Huckabee and Cruz Just Committed Treason in the Kim Davis Case?

by Nomad

Statements made by two Republican candidates regarding the Kim Davis case may have crossed a line by encouraging rebellion against the authority of the Supreme Court. And it's called treason.


Committing treason in a nation which prizes the right of free speech has always been tricky business. Unlike many other countries in the world, in the US, people are allowed to say pretty much whatever they want. 

However, the freedom of expression has, contrary to conventional wisdom, never been absolute or unlimited. There are slander and libel laws, for example. Calling for insurrection is also proscribed as a abuse of freedom of speech. 

The  U.S. Code Chapter 115  defines treason like this:,
“Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States.”