Orin Kerr writes at the Volokh Conspiracy: “By taking that position, the Obama Administration has moved the goalposts of the usual role of the Executive branch in defending statutes. Instead of requiring DOJ to defend the constitutionality of all federal statutes if it has a reasonable basis to do so, the new approach invests within DOJ a power to conduct an independent constitutional review of the issues, to decide the main issues in the case — in this case, the degree of scrutiny for gay rights issues — and then, upon deciding the main issue, to decide if there is a reasonable basis for arguing the other side. If you take that view, the Executive Branch essentially has the power to decide what legislation it will defend based on whatever views of the Constitution are popular or associated with that Administration. It changes the role of the Executive branch in defending litigation from the traditional dutiful servant of Congress to major institutional player with a great deal of discretion.”
- Posted: 02/23/2011
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- Category: Bench & Bar
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- Source: volokh.com
- Tags: Category: Bench and Bar, Category: Marriage and Family, Topic: Department of Justice (DOJ), Topic: Homosexual Agenda, Topic: Marriage, Topic: Politics
Liberty Counsel: “Today President Barack Obama instructed the U.S. Attorney General, Eric Holder, and the Department of Justice to cease defending the federal Defense of Marriage Act (DOMA). “This is outrageous and unthinkable that the President would abandon the defense of marriage,” said Mathew Staver, Founder and Chairman of Liberty Counsel. “President Obama has betrayed the American people by his refusal to defend the federal law that affirms what many courts upheld as constitutional, namely, that marriage is between one man and one woman,” said Staver.”
- Posted: 02/23/2011
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- Category: Marriage & Family
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- Source: www.lc.org
- Tags: Category: Marriage and Family, Group: Liberty Counsel, Topic: Homosexual Agenda, Topic: Marriage, Topic: White House
Manon McKinnon write at the The American Spectator: “The spectacle in Wisconsin has many of us rethinking the underlying grounds for public sector unions. Many Americans are thinking in terms of the obvious financial implications. But surely others are looking deeper to question the moral underpinnings of these unions and their place in public service.”
- Posted: 02/23/2011
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- Category: Miscellaneous
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- Source: spectator.org
- Tags: Topic: Unions
Rees Lloyd writes at World Net Daily: “A joint statement of two of America’s greatest living military heroes – Adm.l Jeremiah A. Denton (USN, ret.), a POW for seven years, seven months in Vietnam, and Maj. Gen. Patrick H. Brady (USA, ret.), Medal of Honor recipient – calling for the 112th Congress to reinstate the “don’t ask, don’t tell” policy, which was repealed in a rush by the lame-duck session of the Pelosi-Reid-Obama 111th Congress, has sparked a strong and growing response. That response has ranged from an almost immediate action by American Legionnaires in California to pass a formal resolution calling on the 112th Congress to reinstate DADT, to endorsement and re-publication of the joint statement of Adm. Denton and Gen. Brady by such national organizations as the Thomas More Law Center and the Alliance Defense Fund . . . ”
- Posted: 02/23/2011
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- Category: ADF in the News
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- Source: www.wnd.com
- Tags: ADF: Media Clips, Alliance Defense Fund, Category: Religious Liberty, Group: Thomas More Law Center, Topic: Homosexual Agenda, Topic: Military
David French writes at National Review Phi Beta Cons: “Fick and Nagl are correct that we can’t just kill our way to victory, but many casual observers of the war don’t comprehend the psychology of warfare. Fick and Nagl do. They understand the profound impact of continual losses on the human psyche and the emotional devastation of death without victory. If there’s one thing that I learned while in Iraq, it’s that our enemy is every bit as human as we are, and even their religious fanaticism does not make them immune to exhaustion or despair.”
- Posted: 02/23/2011
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- Category: Miscellaneous
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- Source: www.nationalreview.com
- Tags: Country: Afghanistan, Country: Iraq, Topic: Military
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