Who's Right?
A little while ago the four "liberals" on the Supreme Court argued that even if the Second Amendment applies to the federal government, states can still pass their own gun laws.
Now a judge in Boston declares that even if the federal government bans same-sex marriage, a state can create its own marriage laws--and gay marriage supporters cheer.
Interesting how so many leftists are coming around to supporting states' rights.
posted by LAGuy @ 12:24 AM
3 Comments:
interesting how so many "rightists' and "centrists" do the same thing- advocates of all types tend to favor specific outcomes over logical consistency.
I broadly agree with anon, but this is a particularly rich vein of irony. A left-leaning judges relying on the 10th Amendment is either someone supremely unaware of history or an attempt to say "oh yeah, you conservatives love the 10th Amendment so much? Here's what you get when you take it seriously." I found the opinions internally inconsistent and rather ridiculous to the extent they say that the feds don't have a strong interest in marriage. But it should make for some fun appellate practice.
Yeah, QG, you're usually on top of this stuff. I mean, this blog is remarkable in that there are actually two bloggers who know what the Third Amendment is, LAG for his American citizenship and you for your prodigious or at least unique litigation experience (has anyone else litigated the THird?).
So, I'm surprised about the Tenth here. I thought it was like the third and never litigated, at least in modern times, apart from the "truism" language.
Is there an argument here? Do the courts actually allow an opening for a body of case law similar to what we have for such things as "due process" and the like? If so, I'd like to give this bedwetting judge a real man kiss.
Post a Comment
<< Home