Free Markets, Free People
Move over, Carrie Prejean. President Obama apparently thinks that marriage should be defined traditionally, too. And he’s sent government lawyers into court to uphold the Defense of Marriage Act. And it has some people upset.
We just got the brief from reader Lavi Soloway. It’s pretty despicable, and gratuitously homophobic. It reads as if it were written by one of George Bush’s top political appointees. I cannot state strongly enough how damaging this brief is to us. Obama didn’t just argue a technicality about the case, he argued that DOMA is reasonable. That DOMA is constitutional. That DOMA wasn’t motivated by any anti-gay animus. He argued why our Supreme Court victories in Roemer and Lawrence shouldn’t be interpreted to give us rights in any other area (which hurts us in countless other cases and battles). He argued that DOMA doesn’t discriminate against us because it also discriminates about straight unmarried couples (ignoring the fact that they can get married and we can’t).
He actually argued that the courts shouldn’t consider Loving v. Virginia, the miscegenation case in which the Supreme Court ruled that it is unconstitutional to ban interracial marriages, when looking at gay civil rights cases. He told the court, in essence, that blacks deserve more civil rights than gays, that our civil rights are not on the same level.
Apparently, some people didn’t beleive Obama when he stated that he opposed gay marriage. So, more buyer’s remorse from those people.
I wonder if a Cheney Administration would have taken a more reasonable position vis a vis DOMA. It could hardly have staked out a more conservative one than the Obama administration did.
Here’s the thing: as Dale Carpenter over at Volokh points out, the DoJ went all the way to the wall to defend DOMA, even though there was no need to do so.
Of most interest is what the DOJ has to say about the due process and equal protection claims, rejecting just about every single variation of an argument that gay-rights scholars and litigants have made over the past 30 years.
Fundamental right to marry that includes same-sex couples? Nonsense under the narrowest approach to such rights, as articulated by Chief Justice Rehnquist in Washington v. Glucksberg, who wrote that in evaluating a fundamental-rights claim a federal court must follow tradition and tradition is to be understood as narrowly as possible.
The Loving analogy? Rejected. Strict scrutiny for laws discriminating against gays and lesbians? Unprecedented. Sex discrimination? Meritless. Romer v. Evans? That dealt with a comprehensive denial of rights, unlike DOMA. Lawrence v. Texas? That was a privacy case.
Ninth Amendment rights? No such thing.
Essentially, the Obama Administration’s justice department filed a brief that attempts to gut practically every constitutional gay rights argument you can think of. I would have expected Obama’s defense of DOMA–assuming there was going to even be one, which there didn’t have to be–to be more or less pro forma. Instead of arguing that the law was unconstitutional–which Bush and Clinton did a couple of times–or making boilerplate legal arguments as a matter of form, the DoJ went for the throats of gay marriage advocates.
I really do wonder why.
Nothing makes it clearer than a real world examples. From socialized Canada:
The Lower Mainland’s health authorities will have to dig more than $4 million a year out of their already stretched budgets to pay B.C.’s carbon tax and offset their carbon footprints.
Critics say the payments mean the government’s strategy to fight climate change will further exacerbate a crisis in health funding.
“You have public hospitals cutting services to pay a tax that goes to another 100 per cent government-owned agency,” NDP health critic Adrian Dix said.
“That just doesn’t make sense.”
Heh … it would really be funny if it wasn’t so absurd or headed in our direction like a runaway freight train.
Enjoy those “little green shoots” of growth, because they’re going to be as dead as the Mojave desert if “health care reform” and “cap and tax trade” are passed.
And don’t even try to throw the “these people have your best interest at heart” canard out there either:
Dix warned that some of the potential cuts – such as closing the ER at Mission Memorial Hospital – would actually increase carbon emissions by sending patients further afield.
“Obviously when you shut down regional centres it makes people travel farther to get to their health care facility,” he said.
Vancouver Coastal chief financial officer Duncan Campbell said his health authority believes the payments are appropriate and isn’t asking for any exemption from Victoria.
“For us to go back and ask for an exemption wouldn’t fit in well with our green care plans,” he said.
IOW, your health is secondary to their sacred green mission.
Freakin’ amazing. And yes, it is entirely possible you’d be treated the same way here when government controls health care and is collecting on “cap and trade”. Remember, it was Obama who said he didn’t believe in cap and trade exemptions.
[HT: Wm Teach, RWN]
That Obama guy really knows what he’s doing! Yessir – we’re in good hands. And he’s sure making our friends in the world like us more than when that evil Bush was in the White House. Umm hmm:
The British Government responded with ill-disguised fury tonight to the news that four Chinese Uighurs freed from Guantanamo Bay had been flown for resettlement on the Atlantic tourist paradise of Bermuda.
The four arrived on Bermuda in the early hours, celebrating the end of seven years of detention after learning that they were to be accepted as guest workers.
But it appears that the Government of Bermuda failed to consult with the Foreign and Commonwealth Office on the decision to take in the Uighurs – whose return is demanded by Beijing – and it could now be forced to send them back to Cuba or risk a grave diplomatic crisis.
Foreign Policy 101 – coordination and negotiation with friendly countries before doing something like this for which they now have to take responsibility.
What has happened to our State Department? Lobotomies?
UPDATE: It only gets worse:
Pressed on whether the US had told the British government, an unnamed state department official was quoted as saying: “We did talk to them before the Uighurs got on the plane.”
Now a senior US official has told the BBC it was a deliberate decision not to consult London on the resettlement, after other countries came under pressure from China not to accept the Uighurs.
In a highly unusual move, a senior US official said Washington opted to keep details of the deal from London until the last minute to enable Britain to deny all knowledge of the deal and thus avoid China’s anger, says the BBC’s Washington correspondent Kim Ghattas.
The official said they expected London to be upset but added he felt the deal was made on solid ground, in direct talks with the Bermuda government, who accepted the men as part of guest worker programme.
Yeah — no arrogance there, huh? Kind of like the UK doing the same thing on Puerto Rico. Who would China go after – the governor or PR or the US?
Two nuts apparently equal vindication of the Department of Homeland Security report on “right-wing extremists”. And Paul Krugman, like many of his ilk, ignores the dearth of statistical support his premise has to make this claim:
But with the murder of Dr. George Tiller by an anti-abortion fanatic, closely followed by a shooting by a white supremacist at the United States Holocaust Memorial Museum, the analysis looks prescient.
There is, however, one important thing that the D.H.S. report didn’t say: Today, as in the early years of the Clinton administration but to an even greater extent, right-wing extremism is being systematically fed by the conservative media and political establishment.
I noticed that one of our more asinine and logic-challenged commenters has picked up these talking points now that they’ve been published. Big surprise.
Noticably missing from the Krugman litany of right-wing extremists is the converted muslim and black man who shot and killed a soldier outside a recruiting station in Little Rock, Arkansas. Using the Krugman statistical model I assume I can interpolate that into a rise in “muslim extremist violence” in the US. In fact, one could certainly credibly argue that it is a 100% increase in such violence.
But of course, people would laugh and point at me and say how utterly stupid it is to use one whacked out nut-job to try and brand a whole religion through implication.
Well, friends, that’s precisely what Mr. Krugman and the rest of the moonbats on the left are attempting with their nonsense. Michael warned you about it and here it is. Nevermind that the right-wing Weekly Standard was apparently on the “right-wing” whack job’s hit list. Facts only get in the way of an unsubstantiated rant.
It may be hard to believe [/snark], but it appears when Democrats speak of “fairness” they define it in their own special interest kind of way.
Take the talk about taxing your private health care benefits (something adamantly opposed by Obama during the campaign).
Originally it was going to be everyone. But other Democrats complained mightily to Senate Democrats who were considering such a tax to pay for the conservatively estimated 1.5 trillion necessary to pay for “health care reform” (PAYGO? HA!). So they modified it a bit – tax the “rich” – those who had the best of coverage. Always a popular populist fallback, Sen. Dems were sure that would work.
Alas it was soon discovered that a huge number of those holding “Cadillac” health care policies were unions. Yes, the special interest group in the pocket of the Dems (and vice versa) would be heavily hit by such a tax. As you might imagine, they were not happy.
Solution – drop this bad idea?
Of course not. Instead exempt the unions, you silly person:
Mr. Baucus officially floated his plans for a tax this week, only with a surprising twist: His levy will not apply to union plans, at least for the duration of existing contracts. In other words, Mr. Baucus intends to tax the health-care benefits only of those who didn’t spend a fortune electing Democrats to office. Sen. Ted Kennedy, who is circulating his own health-care reform, has also included provisions that will exempt unions from certain provisions.
The union carve-out is designed to allay the fears of many Democrats who remain outright hostile to a tax on health-care benefits, whether out of principle, political fear or union solidarity.
This is not your grandfather’s America. Pay czars who arbitrarily set arbitrary pay limits based on what they “think” (according to presidential spokesperson Robert Gibbs) is “fair”, a government appointed CEO for an auto company who admits he knows nothing about cars and the government hijacking of health care.
If you’re not concerned, you’re not paying attention.