February 23, 2011
— DrewM

"The President believes that DOMA is unconstitutional. They are no longer going to be defending the cases in the 1st and 2nd circuits," a person briefed on the decision said.The administration will formally notify Congress later today. The act sought to restrict single-sex unions.
(Added: Since I put the first post up, the linked story has been expanded. Apparently the DoJ's position only applies, at this point, to Section 3 of DOMA which deals with the definition of marriage for federal benefit and administration purposes.
It seems this decision doesn't apply to Section 2 which seeks to ensure that recognition of same sex marriages aren't forced on other states.)
Remember when Bush signing statements were grounds for impeachment or something? Now Presidents get to declare laws unconstitutional and ignore them? That's the rule? Ok, the first GOP candidate who says if elected they will not enforce any ObamaCare, Davis-Bacon or other liberal legislation gets my vote.
Just a reminder you bitter clingers who voted for Obama...he doesn't support same sex marriage (wink, wink, nudge, nudge liberals).
Hey, who is ready for a fight on the Defense of Marriage Amendment now? It's got no shot at passing but I bet it just jumped to the top of the list for a lot of folks.
Oh by the way...The US Constitution, Article II, Section III:
he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.
Funny, I don't see anything about the ones he likes or doesn't like.
I think Presidents have a responsibility to determine if a bill is constitutional when they decide to sign or veto it but once it's the law, that ship has sailed.
Now some will say, well, that's not the same as defending a law in court. Except, that's long been the tradition in this country, that the executive defends the laws until the Supreme Court says no. Democracy isn't simply a set of rules, it's a series of habits and shared traditions that people elected respect. Start breaking that down and you do real damage to America.
And for the umpteenth time...If you think the framers of the Constitution or the 14th Amendment meant to protect gay rights you're going to need to provide some proof. If you think what they meant doesn't matter...you're supporting the idea of a living Constitution (which to me is a grave insult).
(I changed part of that last paragraph. It's not helpful to call people with a differing opinion "nuts".)
FWIW- My non-lawyer take down of the judicial standard that got us into this mess.
I really hate that these cases so often involves gay rights issues because I'm much more of small "l" libertarian on these things (I really don't care who people sleep with or fall in love with). I just really hate the way the judicial system can be warped to achieve ends the Constitution simply doesn't allow.
Posted by: DrewM at
08:16 AM
| Comments (235)
Post contains 518 words, total size 4 kb.
Posted by: The Indonesian at February 23, 2011 08:19 AM (K/USr)
Posted by: Whatever with a capital at February 23, 2011 08:19 AM (L5sNt)
Posted by: Guy who didn't read the article. at February 23, 2011 08:19 AM (G60Nl)
Posted by: joncelli at February 23, 2011 08:20 AM (RD7QR)
Posted by: Bieber must die, for harvest at February 23, 2011 08:20 AM (F/4zf)
Posted by: phoenixgirl at February 23, 2011 08:20 AM (Cm66w)
Posted by: er at February 23, 2011 08:20 AM (+aMaK)
I'm pretty sure that's not part of his job.
Posted by: not neo just conservative at February 23, 2011 08:21 AM (01RS2)
I'm not amazed. He's a liar. He's an opportunist. He says whatever he can to appease whatever audience to get votes and support. His statements carry expiration dates. They mean nothing. The media will not challenge him.
Posted by: Lady in Black at February 23, 2011 08:21 AM (x9xik)
He can't put out a statement about Libya massacring its own people, but he CAN put out statements about Scott Walker and the WI teacher's union, the earthquake near Christchurch, New Zealand, and a refusal to defend the DOMA in court.
What a fucking hack.
Posted by: Brandon In Baton Rouge at February 23, 2011 08:21 AM (bxvFd)
Posted by: hueydiamondpooty at February 23, 2011 08:23 AM (ymBfa)
Posted by: andi sullivan at February 23, 2011 08:23 AM (7H/n0)
Just provide 2 party contracts and let the Churches figure out the Marriage part.
Posted by: Buzzsaw at February 23, 2011 08:24 AM (tf9Ne)
Posted by: Holger at February 23, 2011 08:24 AM (YxGud)
Posted by: joncelli at February 23, 2011 08:24 AM (RD7QR)
That is not up to him to decide, methinks. However, several courts have ruled that Obamacare is unconstitutional, yet Obama still continues to support that.
Posted by: Kratos (Ghost of Sparta) at February 23, 2011 08:25 AM (9hSKh)
Don't impose your monogamy on me!
Posted by: toby928™ at February 23, 2011 08:25 AM (GTbGH)
Posted by: joeindc44 at February 23, 2011 08:26 AM (QxSug)
This is a surprise?
Next stop, the feds jumping in with suits against states that refuse to recognize the utterly fashionable fiction of gay marriage.
Posted by: iknowtheleft at February 23, 2011 08:26 AM (N49h9)
I promise not to enforce the CRA (the housing one) or the tax code either. Where do I get an exploratory committee?
Posted by: Methos at February 23, 2011 08:27 AM (Ew1k4)
Sorry I was just trying to be nice. If you think having more than one is gonna be all unicorns and skittles be my guest.
Posted by: Buzzsaw at February 23, 2011 08:28 AM (tf9Ne)
King Barry ignores a federal ruling that Obamacare is unconsitutional
He ignores a federal court order enjoining his drilling moratorium in the Gulf
He imposes crippling Obamacare regulations on business, then dispenses "waivers" to certain businesses that are friends of the regime
He refuses to enforce federal laws that have been upheld by the federal courts, on grounds that he personally believes they're unconstitutional, regardless of what the courts say
America's transformation into a banana republic is nearly finished. Barry just needs to get some of Khaddafi's kwazy cartoon military uniforms to make the picture complete.
Posted by: Cicero at February 23, 2011 08:28 AM (QKKT0)
Posted by: joeindc44 at February 23, 2011 08:29 AM (QxSug)
Posted by: Brave, Brave Sir Robin at February 23, 2011 08:29 AM (ArtYZ)
Posted by: Jean at February 23, 2011 08:30 AM (WkuV6)
Posted by: The Man of Lawlessness at February 23, 2011 08:30 AM (Ew1k4)
And you all are raving stoopids for even suggesting that the next step is polygamy, cousin-marriage, etc. Sooopid. And racist. Very intolerant racists.
Posted by: Jimmuy at February 23, 2011 08:31 AM (tUEMJ)
Posted by: Barack Obama at February 23, 2011 08:31 AM (ArtYZ)
I know. Just pointing out the thin edge of the wedge.
Look for the phrase Between, or among to start making an appearance soon.
Posted by: toby928™ at February 23, 2011 08:31 AM (GTbGH)
He's only mouthed opposition to gay marriage before because blacks are his most loyal base and they are 2-1 opposed to it. Maybe this would be a good line of attack into a monolithic Obama constituency for 2012. Some of them would have to peel off, right? Or maybe I'm just dreaming.
He really is a gutless punk cocksucker president. You almost have to trick him into saying what he really thinks, such as with his pro-union interview with a Wisconsin TV station last week.
Posted by: Eeeeeeeyore at February 23, 2011 08:32 AM (Z10U7)
Been like that for some time now.
Posted by: The US-Mexican Border at February 23, 2011 08:32 AM (qb4Q1)
The picture in my head of Barry the stick man wearing a big shouldered military uniform brings a chuckle and then a scream of fear.
Posted by: Buzzsaw at February 23, 2011 08:32 AM (tf9Ne)
Reporting for duty! And get me some more drapes.
Posted by: michelle, the fist lady at February 23, 2011 08:33 AM (7H/n0)
Posted by: Gay Conservative at February 23, 2011 08:33 AM (l2XpM)
Posted by: the next GOP president at February 23, 2011 12:27 PM (GMG6W)
Actually, who does need it? The basics of the Mirandizing paragraph(s) are probably the most well-known English expressions in the world. Even people who don't speak English can recite them phonetically. We see and hear them more times a day than just about anything. Every cop show (and many others) have them over and over and over. Any American who isn't aware of his rights has no excuse. Of course, our brilliant courts would excuse an arrest of a lawyer, if he wasn't Mirandized, which is the ultimate in self-mockery. I guess extending that mockery to afghans in afghanistan was only to be expected.
Posted by: iknowtheleft at February 23, 2011 08:34 AM (N49h9)
This meme will continue until some jurisdictions start clamping down on it.
Posted by: cthulhu at February 23, 2011 08:34 AM (kaalw)
Posted by: joncelli at February 23, 2011 08:35 AM (RD7QR)
31 Is he punting? The African-American churches are not going to like this
Mark my words. The black community will NOT abandon Obama. No matter how many times he betrays their values.
Posted by: Hatchet Five at February 23, 2011 08:35 AM (ofEJm)
Posted by: Dave C at February 23, 2011 08:35 AM (qb4Q1)
Posted by: Gov98 at February 23, 2011 08:35 AM (I9Qyi)
April 15th just around the corner .. Hmmm ... pay my taxes .. NAY
Posted by: Islamic Rage Boy at February 23, 2011 08:36 AM (tvs2p)
This guy really does think he's a f'ing king.
Thanks, 52%ers. You really did us a solid there.
Posted by: Jimmuy at February 23, 2011 08:36 AM (tUEMJ)
How many dollars per gallon will the price of gas drop by hammering him on this?
Sorry folks, while this is certainly more proof that this is a rogue Presidency, I just gotta keep my priorities for outrage straight. Too many targets and you don't focus your fire effectively--stick to the economics and your chances are very good, indeed.
Posted by: AoSHQ's worst commenter, DarkLord© at February 23, 2011 08:36 AM (GBXon)
Posted by: Guy Fawkes at February 23, 2011 08:36 AM (xdHzq)
Posted by: toby928™ at February 23, 2011 12:20 PM (GTbGH)
You had me at 'pussy'
Posted by: William Jefferson Clinton at February 23, 2011 08:37 AM (YVZlY)
Show his college transcripts or there is no proof that he has any fkn idea what constitutional means.
Posted by: NC Ref at February 23, 2011 08:37 AM (/izg2)
Posted by: Gay Conservative at February 23, 2011 12:33 PM (l2XpM)
Well-reasoned analysis, judge.
Posted by: Cicero at February 23, 2011 08:38 AM (QKKT0)
It is all about the Queers, always has been, always will be.
I know some think they are clever with the "gov out of marriage bs", but it won't stop the lawsuits. First church to say no to a homosexual couple will be sued into submission.
The fucking Queers will not stop until society blesses their devaint behavior. Sex ed/Health class will be a real hoot for hetero young boys and girls at that point.
Posted by: Reality at February 23, 2011 08:39 AM (Bs8Te)
Posted by: A Balrog of Morgoth at February 23, 2011 08:39 AM (0IPsJ)
Specifically, turnout in Detroit, Philadelphia, East St. Louis, and Newport News
Posted by: Jean at February 23, 2011 08:39 AM (WkuV6)
Technically he's right. Not enforcing laws passed on these troublesome social issues is within the terms of our truce.
Now, take a gander at my letterhead!
Posted by: Mitch Daniels at February 23, 2011 08:39 AM (K/USr)
Posted by: Gay Conservative at February 23, 2011 12:33 PM (l2XpM)
No it isn't, at least in principle. It's about licensure. FedGov won't recognize certain licenses for certain purposes.
Unless you see same-sex marriage as serving the purpose of psychological validation.
Posted by: AmishDude at February 23, 2011 08:40 AM (T0NGe)
Posted by: Tigtog at February 23, 2011 08:40 AM (Q5+Og)
Marriage? snort
Posted by: 72% Black Unwed Mothers at February 23, 2011 08:40 AM (xs5wK)
Posted by: JackStraw at February 23, 2011 08:42 AM (TMB3S)
Start breaking that down and you do real damage to America. Posted by: DrewM. at 12:16 PM
Don't mean to get into verboten subjects, but does anyone here still believe this marriage can be saved?
Posted by: snort! at February 23, 2011 08:43 AM (K/USr)
Posted by: Tigtog at February 23, 2011 08:43 AM (Q5+Og)
Posted by: Stan at February 23, 2011 08:44 AM (dSHKh)
Posted by: 'Nam Grunt at February 23, 2011 08:44 AM (oh08i)
True -- but maybe that's the point. Who needs democracy when you have a genuine theocracy presided over by the Actual Messiah?
Posted by: Roger at February 23, 2011 08:44 AM (tAwhy)
Also, volunteering. People often remember how important money is in elections, but getting those people to man phone banks all day long and knock on doors and lick envelopes and astroturf blogs.
But the main issue here has nothing to do with DOMA itself. He's a liar. That's the point.
Posted by: AmishDude at February 23, 2011 08:44 AM (T0NGe)
I believe that ObamaCare is unconstitutional. I will not comply with its reporting and taxation requirements.
Wow! This is fun!
Posted by: ya2daup at February 23, 2011 08:46 AM (7GfKM)
Posted by: citizen khan at February 23, 2011 08:46 AM (yYiVO)
Posted by: Stan at February 23, 2011 12:44 PM (dSHKh)
Yeah, that would require a legislature. I'm not big on that.
Posted by: Emperor Barack Diocletian Obama at February 23, 2011 08:46 AM (T0NGe)
"True -- but maybe that's the point. Who needs democracy when you have a genuine theocracy presided over by the Actual Messiah?"
Or one could reason that your choice of the opposite sex implied you really chose the same sex. See Kessler and Commerce Clause. All things are possible with hope and change. Winning The Future.
Posted by: Tigtog at February 23, 2011 08:47 AM (Q5+Og)
Posted by: Stan at February 23, 2011 08:47 AM (dSHKh)
Posted by: Gov98 at February 23, 2011 12:35 PM (I9Qyi)
That usually happens when I go on a grilled cheese sandwich binge.
Oh, you said constitutional crisis.
Posted by: Rosie O'Donnell at February 23, 2011 08:48 AM (s+MN5)
Posted by: Jean at February 23, 2011 08:48 AM (WkuV6)
That is axiomatic among people with more than two functioning neurons. But apparently there aren't enough of us to prevent the destruction of the greatest political system in history.
Posted by: CharlieBrown'sDildo (NJConservative) at February 23, 2011 08:49 AM (LH6ir)
The President believes that DOMA is unconstitutional.
When did presidential beliefs become the standard by which the Constitution is enforced and defended?
Oh, wait...
Posted by: BackwardsBoy at February 23, 2011 08:49 AM (b6qrg)
"No intellectually honest court would uphold such a law, and no sane legislature would make one."
Well, you statement answers itself. We don't have an honest court nor sane legislatures. There was a time we referred to it as a Justice System, now its merely a legal system. Bend over and smile. Winning The Future.
Posted by: Tigtog at February 23, 2011 08:49 AM (Q5+Og)
He's running from the stigma of union support in Wisc. to a flashpoint cultural battle to bait out the religious conservatives, in the hopes of getting them to say things that can then be blared all over the tv as "homophobic", "intolerant", etc.
Do not fall for it; do not make this a big issue. Keep hammering away on the Obama-Union-Special interests connection and Democratic fiscal insanity.
Posted by: JeremiadBullfrog at February 23, 2011 08:50 AM (Y5I9o)
That is a good question as to whether Presidents have to enforce laws that they themselves deem unconstitutional. The Presidency is a co-equal branch of the government, so if the President determines a law is unconstitutional, what is the difference than if the court deems it unconstitutional. Just because that is not the general practice does not mean that it is not within the Constitutional framework or as the founders envisioned. The President took the oath to be faithful to the Constitution - if he deems a law to be unconstitutional, then he shouldn't enforce it. We shouldn't have to wait for the 9 justices to opine. They are not superior to the office of the President (no matter what the left says).
One could argue that then the President could on his own not enforce any law - whether he truly believes they are non-constituional or not. We yes, but there are checks and balances on this. A litigant could go to court to get the President to enforce it. The electorate can dismiss the President's position and vote him out. Congress could withhold funds for other programs until the President does support it - ultimately, they could try impeaching him.
Whether you agree with his actions or not, whether you agree with his analysis on DOMA's constitutionality, the President is within his right as a co-equal branch of government to not support a law he deems unconstitutional.
Posted by: SH at February 23, 2011 08:51 AM (gmeXX)
Posted by: Barry O, PO (double-checking...) TUS at February 23, 2011 08:51 AM (FcR7P)
Posted by: Laurie David's Cervix at February 23, 2011 08:52 AM (bOKG+)
Posted by: Paul Anka's Honey Badger at February 23, 2011 08:52 AM (qwK3S)
Posted by: Bieber must die, for harvest at February 23, 2011 08:52 AM (F/4zf)
Posted by: Stan at February 23, 2011 12:47 PM (dSHKh)
It will be easy. Tax exempt status bye-bye.
Game. Set. Match.
The bonus is that will appeal to a wide range of people.
Posted by: Reality at February 23, 2011 08:53 AM (Bs8Te)
A nation of laws ruled by a president of preogative and fiat.
Issa needs to haul Holder up to committee and have him state under oath if DOMA is the law of the land and have Holder restate the oath he took as Attorney General and to restate the Justice Department's charter.
This is tyranny and the type of behavior that is undermining the very foundation of our country.
Good post Drew!
Posted by: Journolist at February 23, 2011 08:54 AM (iHfo1)
Posted by: Gay Conservative at February 23, 2011 12:33 PM (l2XpM)
No it isn't, at least in principle. It's about licensure. FedGov won't recognize certain licenses for certain purposes.
Posted by: AmishDude at February 23, 2011 12:40 PM (T0NGe)
And the DOMA allows individual states to also refuse to recognize marriages from other states that fall outside of the federal government's definition of acceptable "marriage". The federal government needs its own definition of marriage, because citizenship and immigration are family-based and, thus, require it. The DOMA is the actual job of the federal government, anyway, to settle disputes that arise from the "full faith and credit" clashes from state to state. It is not only perfectly Constitutional, but it is required by the Constitution, since otherwise the craziest state gets to dictate to every other state.
Posted by: iknowtheleft at February 23, 2011 08:54 AM (N49h9)
Posted by: Chuckit at February 23, 2011 08:54 AM (+mK9z)
Anarchy, here we come.
Posted by: Angry White Male at February 23, 2011 08:55 AM (7cXE7)
Posted by: citizen khan at February 23, 2011 08:56 AM (yYiVO)
Posted by: DMXRoid at February 23, 2011 08:57 AM (vd872)
A little deciding not to enforce immigration law here, a little flouting of court orders on drilling permits there ... and pretty soon you have the world's largest banana republic.
That's it ... The Plantain Republic™.
Posted by: Andy at February 23, 2011 08:57 AM (veZ9n)
Posted by: Stan at February 23, 2011 08:57 AM (dSHKh)
Posted by: Norman at February 23, 2011 08:57 AM (7H/n0)
Posted by: plain ol soothsayer at February 23, 2011 08:58 AM (uFokq)
Did you forget that President Kennedy allowed the Federal workforce to unionize by Executive Order?
Presidential fiats are the sine qua non of liberal Presidents and used to remake our society according to their will. It should therefore come as no surprise that Obama will assault our society, which prior to him was based on democratic process driven by majorities, by every anti-democratic means possible.
I am guessing this is another rally the base move for 2012 since he realizes regular Americans aren't buying his Houdini Act.
Posted by: Marcus at February 23, 2011 08:58 AM (CHrmZ)
Posted by: Dave C at February 23, 2011 08:59 AM (qb4Q1)
Posted by: King Barky The First at February 23, 2011 09:01 AM (h0RtZ)
Posted by: M. Points at February 23, 2011 09:02 AM (VOG7N)
Posted by: SH at February 23, 2011 09:02 AM (gmeXX)
Stan, your main problem (such as it is), is you are approaching this stuff from a reasoned, logical point of view.
Try thinking like a devious fuck bent on the destruction of the mores you were raised with.
Posted by: Reality at February 23, 2011 09:03 AM (Bs8Te)
Posted by: Empire of Jeff at February 23, 2011 09:03 AM (gms3t)
Posted by: Dave C at February 23, 2011 09:03 AM (qb4Q1)
I wouldn't replace WI and unions with this as a focus.
HOWEVER, a CR by the House completely defunding DOJ would be appropriate right about now. The whole shebang's about to be shut down soon anyway at this rate, might as well make a few pointed statements before it happens.
Posted by: Brandon In Baton Rouge at February 23, 2011 09:03 AM (bxvFd)
Posted by: Have Blue at February 23, 2011 09:03 AM (mV+es)
Okay, so that's mis-demeanor, an impeachable offence. Of course the Democrats hate Truth and so would never allow this to reach the Senate. Barry could murder fifteen people on national television and the Democrats would accuse us of being "haters" for calling the bastard on it.
This shit-for-brains asshole is not a fucking real American, much less a true President. He should be impreached TOMORROW if things were working correctly and if we had actual real Americans in Congress instead of those blue-state Europhilic happytime fascists called Democrats.
Posted by: Inspector Asshole at February 23, 2011 09:03 AM (cOd9v)
Who's with me? Let's marry our way to imaginitive retirement funding.
Is Leona Helmsley's dog still alive? Woof woof.
Posted by: guy who thinks about Bunga Bunga all day long at February 23, 2011 09:04 AM (le5qc)
Posted by: Dang at February 23, 2011 09:05 AM (TXKVh)
This dude is a real fucking dickhead.
Posted by: Berserker at February 23, 2011 09:05 AM (gWHrG)
Posted by: Stan at February 23, 2011 12:47 PM (dSHKh)
< Stan, we are spiraling to just that. It is already being framed that those who oppose gay marriage are harboring "hate" and "bigotry"and are thus "perpetuating" societal inequities. All of this is headed to a very, very dark place of what Pope John Paul II termed the "shining darkness." A Godless society bounded only by man's imagination for which pretense will usher in complete control attempting to reorder morality and your very freedom.
Posted by: Journolist at February 23, 2011 09:06 AM (iHfo1)
The type of law he's refusing to enforce isn't the issue - it is the fact that he is, by fiat, dissolving Congresses power and claiming it. That's what fucking makes me sick to my stomach.
Posted by: Inspector Asshole at February 23, 2011 09:06 AM (cOd9v)
Posted by: Stan at February 23, 2011 12:47 PM (dSHKh)
Are you nuts? First, we don't distinguish between intellectually honest courts and the usual ones. Second, we wouldn't need a law, judges would just declare it. Third, it will happen through civil discrimination lawsuits. Scumbag lawyer files lawsuit, church doesn't have the money to fight it, church backs down.
Posted by: AmishDude at February 23, 2011 09:06 AM (T0NGe)
Posted by: The Q at February 23, 2011 09:07 AM (MYuEC)
This dude is a real fucking dickhead.
Posted by: Berserker at February 23, 2011 01:05 PM (gWHrG)
Sometimes the most simple explanation is the most effective.
Posted by: ErikW at February 23, 2011 09:07 AM (s+MN5)
Posted by: B. Hussein Obama at February 23, 2011 09:08 AM (+vkOU)
Posted by: plain ol soothsayer at February 23, 2011 09:08 AM (uFokq)
Libertarians and social conservatives should be on the same page at the federal level. We should insist on limited government and only laws that Congress has authority to enact. It's at the state level where their agendas differ. States in general have plenary power (subject to their own constitutions and individual rights in the Constitution). But at the federal level, libertarians and social conservatives should be united. Which is why I have never understood why libertarians continually vote Democrat at the federal level.
Posted by: SH at February 23, 2011 09:08 AM (gmeXX)
Posted by: Jane D'oh at February 23, 2011 09:08 AM (UOM48)
Posted by: Have Blue at February 23, 2011 01:03 PM (mV+es)
God, these liberals are nucking futs. They've now invented their betes noires. They're obsessed with these guys. I guess it's Soros-projection.
Posted by: AmishDude at February 23, 2011 09:09 AM (T0NGe)
"Walker spokesman Cullen Werwie confirmed Walker took the call, which will only heighten widespread suspicions that brothers David and Charles Koch are pulling strings in Wisconsin's battle as part of a conservative agenda to limit the unions' power."
this is bad.
OMG, Rush is talking about it now.
Posted by: curious at February 23, 2011 09:09 AM (p302b)
If the government refuses to get out of marriage completely, then any consenting adult should have the freedom to enter into a marriage-like contract. Call it whatever name you want, just give equal access. Denying this to certain people is discriminatory. I don't see any valid reason to justify that.
Posted by: Stan at February 23, 2011 09:09 AM (dSHKh)
Posted by: Holger at February 23, 2011 09:11 AM (YxGud)
Posted by: Mitch E. Daniels (the "E" is for an election lasting more than 4hrs) at February 23, 2011 09:13 AM (pr+up)
These libs are crafty. Yes, keep up the pressure on the union shenanigans. These libs are indeed controling the debate away from their losing union hand and creating a liberal lightning rod in the Koch brothers and DOMA.
Posted by: Journolist at February 23, 2011 09:13 AM (iHfo1)
Posted by: Guy Fawkes at February 23, 2011 09:13 AM (xdHzq)
Posted by: Dave C at February 23, 2011 09:15 AM (qb4Q1)
Posted by: curious at February 23, 2011 09:15 AM (p302b)
DrewM.
Dude! Keep it real. Don't let 'em change you! Don't dumb it down for the dummies! Cmon man, Ace has already gone soft on us, don't you trade your journalistic independence for fame and fortune.
Posted by: FUBAR at February 23, 2011 09:16 AM (McG46)
While Megyn was trying to speak with the Fox reporting, he was being heckled by the mob, the usual "FOX LIES!!!111eleventy!!111"
No way could I do what the Fox reporters do. I'd ram my mic down a throat or three.
Posted by: Jane D'oh at February 23, 2011 09:16 AM (UOM48)
Why is it bad? Nothing Walker said is particularly incriminating - he said exactly what he's been saying in public.
This isn't a smoking gun. It's just a stupid liberal stunt.
Posted by: Bevel Lemelisk at February 23, 2011 09:17 AM (TpXEI)
The executive exercises its judgment re Constitutionality when a passed law hits the Pres's desk for signature. In this case, the Executive decided it was constitutional and signed the bill, making it law.
What's troubling about today's development is not that O is making a constitutional judgment, but that he is overruling and undoing his predecessor's decision on that point. That is where the ice gets thin. If this act is met by a tit for tat response by the next Republican President wrt O'care, for example, which it should be, the facade that we are a nation of laws is gone for good. As is the facade that we are a political union.
Posted by: snort! at February 23, 2011 09:18 AM (K/USr)
Posted by: FUBAR at February 23, 2011 09:18 AM (McG46)
The President believes that DOMA is unconstitutional.
From the asshole who gave us Barrycare and ignores judges ruling that it's unconstitutional. Barry is nothing but Chavez north.
Posted by: TheQuietMan at February 23, 2011 09:18 AM (1Jaio)
I think either DOMA will be repealed, or anti-gay marriage laws ruled unconstitutional, and then your scenario will be much more likely. But it would only be a matter of time before an appeals court or the Supreme Court overrules the idiot judge or the lawyer's case.
And if you have no faith in higher courts defending the first amendment against your scenario, nor churches with the balls and means to defend themselves, I don't know what you're still doing here if you're not a violent revolutionary.
Posted by: Stan at February 23, 2011 09:19 AM (dSHKh)
Posted by: B. Hussein Obama at February 23, 2011 09:19 AM (+vkOU)
Now Megyn is reporting that Richard Trumka, head of the AFL-CIO, is bragging he has conversations with the WH....every day. WTF? My head hurts.
Posted by: Jane D'oh at February 23, 2011 09:19 AM (UOM48)
Perhaps I live in a conservative enclave where even the libertarians are more conservative but about half of my libertarian bro's are former Republicans who are unhappy with the lack of fiscal conservatism in the elephant party.
BTW libertarians generally vote for the libertarian candidate at the federal level.
Posted by: Bieber must die, for harvest at February 23, 2011 09:19 AM (F/4zf)
Posted by: citizen khan at February 23, 2011 09:20 AM (yYiVO)
Our office catch-up day is turning into GOProud office dance party...we're even thinking about ordering pizza for lunch!
about 2 hours ago via web
twitterswift.appspot.com/GOPROUD
Posted by: Laurie David's Cervix at February 23, 2011 09:21 AM (bOKG+)
yep, I've read that at a lot of places. Well he replaced the other union dude as "the man"
Posted by: curious at February 23, 2011 09:23 AM (p302b)
Rush just pointed this out. You beat him to it.
Posted by: Derak at February 23, 2011 09:23 AM (CjpKH)
Posted by: Juicer at February 23, 2011 09:23 AM (xrV0Z)
He is taking away Congress's role of legislating and the Judiciary's role of interpreting laws, while ignoring the executive branch's sole duty of carrying out the laws which have been passed.
The arrogance of this administration is beyond belief.
Posted by: real joe at February 23, 2011 09:24 AM (IpIBJ)
Posted by: MīcÞeMūß at February 23, 2011 09:25 AM (0q2P7)
Posted by: George Orwell at February 23, 2011 09:25 AM (+vkOU)
In any event, just one more reason why Holder should be in front of an investigation committee and sworn in for a merciless grilling. AND then fired via the budget process.
Hey House budget writers, zero budget for Holder salary.
Posted by: Vic at February 23, 2011 09:27 AM (M9Ie6)
Posted by: Bieber must die, for harvest at February 23, 2011 01:19 PM (F/4zf)
Yeah, a vote for the libertarian candidate is a vote for Democrats. I'll never understand why libertarians act as if Republicans and Democrats are interchangeable. If anything, those folks at Reason are more hostile to Rs than Ds.
Posted by: FUBAR at February 23, 2011 09:28 AM (McG46)
Posted by: citizen khan at February 23, 2011 09:29 AM (yYiVO)
Posted by: CAC at February 23, 2011 09:29 AM (lV4Fs)
Posted by: Empire of Jeff at February 23, 2011 09:30 AM (gms3t)
Posted by: citizen khan at February 23, 2011 01:29 PM (yYiVO)
The law was passed and has not been declared unconstitutional. That's very different from an order, illegal or not.
Posted by: FUBAR at February 23, 2011 09:31 AM (McG46)
Posted by: curious at February 23, 2011 09:31 AM (p302b)
Posted by: curious at February 23, 2011 09:32 AM (p302b)
Posted by: nevergiveup at February 23, 2011 09:32 AM (7wmOW)
Seeing as GOProud was created by a Planned Parenthood shill, it's not surprising.
Posted by: Bevel Lemelisk at February 23, 2011 09:34 AM (TpXEI)
Posted by: curious at February 23, 2011 09:35 AM (p302b)
Posted by: nevergiveup at February 23, 2011 09:36 AM (7wmOW)
Posted by: nevergiveup at February 23, 2011 01:32 PM (7wmOW)
They quietly slipped all of homeland security under his umbrella and I believe homeland security MUST be funded no matter what.
I read a piece that says the republicans are having trouble finding the money that pays for obamacare as they anticipated this and hid it very well in the budget.
Posted by: curious at February 23, 2011 09:37 AM (p302b)
They are now that Gillespie is in charge. Look back to when Virginia Postrel was editor, it was better then.
Posted by: Bieber must die, for harvest at February 23, 2011 09:38 AM (F/4zf)
One doesn't have to defund the entire DHS to defund his salary.
Posted by: Vic at February 23, 2011 09:41 AM (M9Ie6)
Posted by: Empire of Jeff at February 23, 2011 09:44 AM (gms3t)
I still don't think the gay "marriage" issue is as divisive as some others thknk it is. It's still unpopular enough to be defeated at the ballot box.
I know, focus. But there's no reason you can't add the DOMA thing to the long, long list of reasons why we, um, dislike Obama.
Posted by: Luca Brasi at February 23, 2011 09:46 AM (YmPwQ)
Posted by: Empire of Jeff at February 23, 2011 09:46 AM (gms3t)
The Honorable John A. Boehner
Speaker U.S. House of Representatives
Washington, DC 20515
Re: Defense of Marriage Act
Dear Mr. Speaker:
After careful consideration, including review of a recommendation from me, the President of the United States has made the determination that Section 3 of the Defense of Marriage Act (“DOMA”), 1 U.S.C. § 7, as applied to same-sex couples who are legally married under state law, violates the equal protection component of the Fifth Amendment. Pursuant to 28 U.S.C. § 530D, I am writing to advise you of the Executive Branch’s determination and to inform you of the steps the Department will take in two pending DOMA cases to implement that determination.
It goes on. You will not be pleased.
http://bit.ly/gcJ0jg
Posted by: Laurie David's Cervix at February 23, 2011 09:47 AM (bOKG+)
Posted by: citizen khan at February 23, 2011 09:47 AM (nwdIs)
Posted by: citizen khan at February 23, 2011 09:48 AM (nwdIs)
Yeah, a vote for the libertarian
candidate is a vote for Democrats. I'll never understand why
libertarians act as if Republicans and Democrats are interchangeable.
If anything, those folks at Reason are more hostile to Rs than Ds.
Posted by: FUBAR at February 23, 2011 01:28 PM (McG46)
Yeah, you'd think Obamacare would have taught them a lesson.
And seriously, Bush was not a good president from a libertarian perspective, but I can't think of any area Obama has been better on.
Posted by: 18-1 at February 23, 2011 09:51 AM (7BU4a)
I'm commenting before reading the other comments, which I will go back and do.
But my gut reaction is that as disgusting as this is, this is how liberals govern, and we all know this. Decide which result you wish to obtain. Twist the law, the media, and the political process so as to achieve that. The end always justifies the means. Of course, until a Republican or conservative is in power.
To me, this type of thing has some parallels to radical Islam - it's OK to lie about your goals and who you are and what you stand for if it helps achieve the true objective.
Posted by: RM at February 23, 2011 09:54 AM (1kwr2)
163 "Gentlemen, NOW is the time to start sucking each other's dicks."
-GOProud press release, 2/23/2011
Thread winner by unanimous decision
Posted by: The Q at February 23, 2011 09:56 AM (MYuEC)
Posted by: Alex at February 23, 2011 09:58 AM (J2ejK)
Some consider that a feature, not a bug.
Posted by: Iowa Bob at February 23, 2011 09:58 AM (RJ+Yj)
Posted by: Empire of Jeff at February 23, 2011 10:00 AM (gms3t)
At a December news conference, in response to a reporters' question, Obama revealed that his position on gay marriage is "constantly evolving."
Bullshit! He lied about his position on it during the campaign. He was always for it.
"This is something that we're going to continue to debate, and I personally am going to continue to wrestle with going forward," he said.
Bullshit! His mind was made up long ago. In fact, it's probably because he's a pole smoker
Posted by: TheQuietMan at February 23, 2011 10:00 AM (1Jaio)
Posted by: Purple Avenger at February 23, 2011 10:02 AM (MAGjW)
Posted by: MSO at February 23, 2011 10:02 AM (kFylq)
Posted by: Purple Avenger at February 23, 2011 02:02 PM (MAGjW)
We're in a deretardo fool system, right now.
Posted by: iknowtheleft at February 23, 2011 10:04 AM (N49h9)
Posted by: citizen khan at February 23, 2011 10:04 AM (wzho4)
We whine alot about how we are ruled over by judges, why can't the executive branch, as a coequal branch, make that decision in reference to its interpretation of the Constitution?
The executive branch did make a decision...when it signed the law in to effect. The problem is that if every President can simply declare that it believes laws passed by it's predecessor to be unconstitutional and stop enforcing them, you no longer have the rule of law, you have rule by decree. The man is not the office, he merely executes it for a period of time. Like it or not, a certain continuity is necessary in order for people and institutions to feel secure in operating.
Posted by: Alex at February 23, 2011 10:05 AM (J2ejK)
Yup.. the 2012 campaign has begun!
Posted by: Chi-Town Jerry at February 23, 2011 10:06 AM (f9c2L)
Posted by: citizen khan at February 23, 2011 10:10 AM (wzho4)
Posted by: citizen khan at February 23, 2011 10:11 AM (wzho4)
Obama is not the first President to flaunt the law or the courts and he probably will not be the last. That is, unless he is reelected and then he will be the last.
Posted by: Vic at February 23, 2011 10:11 AM (M9Ie6)
Furthermore, pursuant to the PresidentÂ’s instructions, and upon further notification to Congress, I will instruct Department attorneys to advise courts in other pending DOMA litigation of the President's and my conclusions that a heightened standard should apply, that Section 3 is unconstitutional under that standard and that the Department will cease defense of Section 3.
Apparently the party in the California Prop 8 case is already asking to vacate the stay on new gay marriages based on today's action.
Posted by: Laurie David's Cervix at February 23, 2011 10:11 AM (bOKG+)
At first I hated DOMA because I saw it as social conservatives wanting a big Federal intervention for their morality issue. I hate big Federal responses to things that are state matters (Roe v Wade immediately comes to mind). But really, the main thrust of DOMA is to protect states from havinig to recognize gay marriages performed by other states if that state chooses. That seems pretty much in support of states and the Republic.
As for Justice only enforcing laws that Holder agrees with, while infuriating, it seems to be the norm. New Black Panthers case proved that to me right out of the gate.
Posted by: California Red at February 23, 2011 10:12 AM (7uWb8)
In the union situation in Wisconsin, the issue has been that public sector unions buy politicians, then sit across the table from them to discuss how much taxpayers are going to get reamed.
In the DOMA situation, there is a case to be made for and against upholding the law, but leftist activists are trying to own both sides of the debate -- and preemptively capitulate from the DOJ side.
Anyone trying to ensure that both sides are fairly heard is dumped out the egress for "lack of standing".
This "heads I win, tails you lose" garbage is infuriating on a visceral level. First, someone claims to speak for me; then, this person says things I'd never say; finally, I'm told that I have no right to object because someone's been speaking on my behalf.
Posted by: cthulhu at February 23, 2011 10:13 AM (kaalw)
Then they'll tax the process.
Posted by: iknowtheleft at February 23, 2011 10:14 AM (N49h9)
He's married to a brute
He throws like a girl
He is skinny skinny...
Posted by: Cooter at February 23, 2011 10:15 AM (PV82J)
He's married to a brute
He throws like a girl
He is skinny skinny...
Posted by: Cooter at February 23, 2011 02:15 PM
He's not bi, unfortunately.
Posted by: Michelle Obama at February 23, 2011 10:17 AM (2pEj7)
Posted by: Empire of Jeff at February 23, 2011 10:21 AM (oJKHo)
Sweet Hell. Obama isn't just going Fleebagger on DOMA Sec 3 he's flat out telling judges how they should rule on it. Who the hell is he to tell the judiciary what standard should apply? Total Bullshit.
Sec 3 is unconstitutional? How? All it does is set the definition of marriage for the FEDERAL government and FEDERAL benefits. The states can do as they please. On what grounds is it unconstitutional? How can he seriously suggest the federal government can't make it's own rules for itself with regard to marriage?
Obama - Fleebagger in Chief. Don't like the hand dealt to you just cut and run until you get the cards you want. FUCKING BULLSHIT!
Posted by: Rocks at February 23, 2011 10:28 AM (Q1lie)
Posted by: A.G. at February 23, 2011 10:29 AM (oAVyq)
"Democracy isn't simply a set of rules, it's a series of habits and shared traditions that people elected respect."
Yeah about that shared traditions thingy........bolshes not so much.
Posted by: Adobe Walls at February 23, 2011 10:29 AM (lUiZg)
GOProud, the conservative LGBT group at the center of the CPAC controversy this year, came out in strong support of the DOMA decision as well.
"We believe states should be free to make decisions regarding marriage and family laws without the intervention of the federal government," executive director Jimmy LaSalvia said via e-mail. "The decisions of the each individual state should be respected by the federal government. Accordingly, we support the repeal of DOMA."
GOProud declined further comment beyond that statement -- LaSalvia telling TPM he's "going to hide under a rock" following the decision.
tpmdc.talkingpointsmemo.com
"Now back to the pizza and shirtless man-dancing!"
Posted by: Laurie David's Cervix at February 23, 2011 10:33 AM (bOKG+)
This is the President's oath : "I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States"
So how does a president follow his oath with a blatantly unconstitutional law on the books?
I don't believe that not executing a law he believes falls outside the Gov't enumerated powers to in fact be acting outside his enumerated powers.
Posted by: citizen khan at February 23, 2011 10:33 AM (zKm5F)
A bit of cheap bait to get his base back in love with him, to get homosexuals to come back to the reservation...and which will ultimately be used by another group for another purpose, methinks.
If I was gay I don't think I'd be taking this bait -- if the game that is up is what I think it is, this will wind up ending very badly for them.
Posted by: unknown jane at February 23, 2011 10:37 AM (5/yRG)
Conservatives my ass. DOMA doesn't say a thing about what states must do about marriage. States are totally free to make decisions regarding marriage and family laws without the intervention of the federal government that apply to states. For the federal government to abandon it's own definition of marriage would mean that the federal government must recognize a marriage, no matter how it's defined, by any state. If a state decides to recognize a marriage between an 8 year old and a 40 year old then this idiot, and Holder, are suggesting the federal government must recognize it too because it's unconstitutional for the federal government to set IT'S OWN definition of marriage for the FEDERAL government alone.
Posted by: Rocks at February 23, 2011 10:40 AM (Q1lie)
A Canadian lawyer chick on Fox arguing about euthanizing that baby up there (they won't let the parents take the baby to die at home but have to kill it NOW, at the hospital): "Death is part of life."
Yeah. The last part.
Posted by: iknowtheleft at February 23, 2011 10:42 AM (N49h9)
Posted by: Empire of Jeff at February 23, 2011 10:44 AM (oJKHo)
Posted by: Gay Conservative at February 23, 2011 12:33 PM (l2XpM)
Tell me what part of DOMA violates the 10th? Does DOMA tell states how they must define marriage or state benefits? Does DOMA tell states they must accept other states defintion? Does DOMA tell states they have to do anything at all?
No, it doesn't. DOMA sets rule for the federal government and dealing of states BETWEEN states. All part of the function of the federal government.
Posted by: Rocks at February 23, 2011 10:48 AM (Q1lie)
210 Exactly -- or polygamy.
Now...who seem to be very fond of both extreme May-November marriages and polygamy...hmmm, I had the answer to this just a second ago...
Posted by: unknown jane at February 23, 2011 10:51 AM (5/yRG)
“While Americans want Washington to focus on creating jobs and cutting spending, the President will have to explain why he thinks now is the appropriate time to stir up a controversial issue that sharply divides the nation,” he said.
No criticism of Obama ruling by diktat, or comment on the issues raised by his actions, just a mild questioning of the timing.
Republican leadership.
Posted by: Laurie David's Cervix at February 23, 2011 10:51 AM (bOKG+)
Posted by: citizen khan at February 23, 2011 10:52 AM (wzho4)
Posted by: MrCaniac at February 23, 2011 10:52 AM (oREHE)
Sorry empire, the President is co-equal with Congress and with Court. He too can make a determination that a law is unconstitutional. The idea that only the SC can is not just wrong, it is the knee jerk response of any liberal. A president is within his constitutional rights to not enforce a law he determines unconstitutional. The other branches, the states, and the people are within their rights to do what they can (under the constitution or at the ballot box) to compel him to do so. The President is making a political calculation that his dropping the DOMA defense will not cost him. If it turns out that it does, the next President will think twice before attempting to do something similar. I doubt the dropping of the DOMA defense is going to cost him anything politically though.
For what its worth, I'm not so certain that DOMA isn't unconstitutional. But on 10th A grounds, not 5th.
Posted by: SH at February 23, 2011 10:54 AM (gmeXX)
Rep. Barney Frank (D-MA) couldn't be more excited to see the White House come around on the Defense of Marriage Act, which he said was the right move legally and politically.
"It's great news," Frank, who is openly gay, told TPM over the phone. "Particularly after DADT repeal, this is a further expression of his commitment to doing away with discrimination."
Frank said he recommended to White House Chief of Staff Bill Daley in a meeting last week that the Administration drop its support for DOMA.
"I got some indication they were thinking about their position and I urged them to go ahead with it," he said. "I thought there would be no political problem. People who will be angry at the President over this won't vote for him anyway."
He added that he believed gay issues were losing their cachet even among social conservatives.
He even suggested the Administration's interpretation would mesh well with Tea Partiers' small government ideals, since it allows the federal government to recognize gay marriages in states where it they were legally performed, but not require state governments that still outlaw same-sex unions to do the same.
"That should have appeal to some of the Tea Party people with their states rights message," he said. "In this case they're not saying there is a constitutional right to marry in general."
Posted by: Laurie David's Cervix at February 23, 2011 11:00 AM (bOKG+)
Section 3 is the most easily defended portion of the law. It deals only with the federal government. Throwing this out calls the rest into question. ItÂ’s the equivalent of a prosecutor chucking out the weapon in a murder case.
Posted by: Rocks at February 23, 2011 11:02 AM (Q1lie)
Go back and re-read some of the news reports from when DADT was declared unconstitutional by one of the federal courts.
Obama defended it and the reports all said that he basically had to. It wasn't true then and it isn't true now. But at the time, I lept thinking why isn't he saying publicly: "Thank You, the court finally agreed with what I've been saying all along." He was against DADT and he should have let the court decision stand without a fight.
Now he's dropping defense of DOMA, and what will the reports say.....?
This guy has more faces that Sybil
Posted by: DaveCal at February 23, 2011 11:02 AM (+q3dR)
Posted by: B+rry Ob+owmao at February 23, 2011 11:19 AM (c9iUg)
Posted by: Empire of Jeff at February 23, 2011 11:30 AM (OW0nw)
Posted by: AmishDude at February 23, 2011 11:32 AM (T0NGe)
Posted by: SH at February 23, 2011 12:48 PM (gmeXX)
2. does this mean i get to marry 2 men and have twice the headaches?
3. Utah becomes the 1st polygamist state in the union YIPPEEEEE.
4. Kentucky becomes the 1st state where you are expected to marry your cousin.
its all good people.
move along.
nothing to see here.
move along.
Posted by: kay at February 23, 2011 01:29 PM (TW1NB)
The executive branch is now in the business of determining a law's constitutionality? Where are the calls for impeachment?
Posted by: doug, at February 23, 2011 01:29 PM (AM2vH)
But it screams WEDGE ISSUE and will distract from the whole union thuggery and democrat ownership issue in ways that will doubtlessly be played as unflattering to social cons...which invariably means points scored for progressive.
Do not make this a big deal, or you will regret it. Again, I'm not saying that it's not important. I'm saying that there is a time and a place to move on difficult issues like this, and that time is when you actually have a levers of power in your control. Not when you almost do, but harping on this issue would let the other side effortlessly demagogue you out of the swing votes you need.
Posted by: jeremiadbullfrog at February 23, 2011 01:47 PM (Y5I9o)
Posted by: jeremiadbullfrog at February 23, 2011 01:49 PM (Y5I9o)
Posted by: joh at February 23, 2011 02:14 PM (JEvSn)
Actually, the tradition of respecting Supreme Court review of law is just that. One would think that they have more to lose than we do when these obsolete traditions fall by the way.
Posted by: MarkD at February 23, 2011 02:27 PM (6CLxP)
Posted by: Doc99 at February 23, 2011 02:38 PM (nXJ5s)
Posted by: NHLJersey at February 24, 2011 12:17 AM (+yYdw)
I do not need government permission to vote. That is my God-given RIGHT. That is why my voter card is a registration, not a license. It helps the government organize free and fair elections.
If we, as a society, decide that there is a RIGHT to marriage--in the same way that there is a right to free speech or peaceable assembly, then the government should not be issuing a license at all. A registration--in the same way that a voter is registered--will be appropriate for government (taxation) purposes.
At issue then is whether or not that marriage is a right. It certainly isn't in the Constitution and such a "right" has escaped the attention of mankind from the dawn of history to this day. This thing is better left directly to the voters than EITHER an unelected judge or even a President. It is, however, a valid thing to discuss among candidates during the Silly Season.
If the homosexuals want to marry, they should propose a Constitutional Amendment, and submit it to the political process. If it passes, then no government agency will ever again be able to issue a marriage license. It will be a marriage (or partnership) registration only.
Posted by: Geekasaurus at February 24, 2011 02:24 AM (Svgfb)
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Posted by: Obama at February 23, 2011 08:17 AM (sO4hH)