hoya
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Posts: 32
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Post by hoya on Sept 10, 2015 14:41:58 GMT
I was going to jump into this topic and criticize tigercpa for his position. The Supreme Court is the final decision maker as far as the law goes. You might disagree with their decision, but they have the authority to interpret the Constitution. They decide what is an "overreach" of the 14th Amendment.
However, I realized that I was looking at it as a lawyer, and not a citizen. So I have changed my mind as of late. Not about the Supreme Court's authority, but about our criticism of it. I think being critical of their decisions is a healthy thing for our republic.
I still disagree with tigercpa -- I think the federal judge's order was perfectly lawful. Kentucky law was found to be unconstitutional. Those unconstitutional laws do not just remain in effect until the state legislature gets around to changing them. Anything about "oh you are supposed to get a license in the woman's county" is struck down by necessity. You don't have to wait on the legislature. Because what happens if the next legislative session comes along and they just decide not to fix it? No, the law changed immediately.
It is also disingenuous to argue that Kim Davis was worried about those technical aspects of Kentucky law. She was clear that she stopped issuing licenses because she disagreed with gay marriage. You can't retroactively interpret her to be saying something else. She was talking about Jesus being on her side and homosexuality being a sin. There is no question on why she acted the way she did. The technical argument arose later, after they'd argued their case and lost, when one of her lawyers thought about it much later.
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hoya
New Member
Posts: 32
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Post by hoya on Sept 6, 2015 2:36:36 GMT
Bad weekend for the Big 10. Losses by Nebraska, Wisconsin, Penn State, Michigan... yuck.
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