Justice Ginsburg hospitalized; became ill at work
(Washington) Ruth Bader Ginsburg, the 76-year-old Supreme Court justice who underwent pancreatic cancer surgery earlier this year, fell ill at work after a treatment for anemia and was hospitalized overnight.
Ginsburg was taken to Washington Hospital Center at 7:45 p.m. EDT Thursday and would remain there for the night as a …
Tags: Anemia, Cancer Surgery, Old Supreme Court, Ruth Bader Ginsburg, Supreme Court Justice, Washington Hospital CenterHistory Is on My Side, Says Calif. Justice Who Voted Against Gay-Marriage Ban
Carlos Moreno stood alone in May when he dissented from the decision upholding Proposition 8. But the California Supreme Court justice says history will prove him right — that denying gays and lesbians the right to marry is illegal discrimination.
“Someday at some point my dissent will be the majority view in California,” he said during an interview in his San Francisco chambers late Wednesday. “I think that’s where the law is headed.”
“Equal protection is either equal or it’s not,” he added. “It’s not the kind of thing you can chip away at.”
Moreno, one of four justices to back same-sex marriage last year and the sole vote against Prop 8 this year, took time to talk to The Recorder about his votes, his brief moment on the Obama administration’s short list for the nation’s highest court, and U.S. Supreme Court nominee Sonia Sotomayor’s controversial “wise Latina” comment.
Moreno’s dissent in Strauss v. Horton, 46 Cal.4th 364, came at a touchy time for him. He had been contacted by the Obama administration a week earlier as a possible replacement for retiring U.S. Supreme Court Justice David Souter. Since President Obama has officially stated his opposition to same-sex marriage, it could be assumed Moreno’s position on marriage and Prop 8 might be troublesome.
But, Moreno said, Obama’s vetters didn’t ask him how his Prop 8 vote — which wasn’t yet public — would go.
“They just asked if there were any high-profile cases — past or present, including on the trial court — that would be the kind of case that would draw attention.”
See History Is on My Side, Says Calif. Justice Who Voted Against Gay …
Law.com
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Vacouver couple forced to pay fine after harrassing gay neighbors
(Vancouver) Patricia and Alexander Harrison have been ordered by a British Columbia supreme court justice to pay $15,000 (approximately $13,000 U.S.) for harassing and tormenting a gay couple who lives next door to them.
Rod Boggs and Bill Hart, who have lived in the four unit condo since 2006, said …
Tags: Alexander, Bill Hart, Boggs, British Columbia Supreme Court, Columbia Supreme Court, Gay Couple, Gay Vancouver, Neighbors, Supreme Court Justice, Unit CondoNY judge tosses Senate case back to lawmakers
(Albany) A judge says he won’t rule on last week’s takeover of the New York Senate by a coalition of Republicans and dissident Democrats, which leaves gay marriage and other issues up in the air.
State Supreme Court Justice Thomas McNamara is dismissing the case, saying it’s improper for the court …
Tags: Democrats, gay marriage, Judge Tosses, Justice Thomas, Lawmakers, marriage, New York Senate, Ny Judge, Republicans, State Supreme Court, Supreme Court Justice, Takeover, Thomas McnamaraGa. Supreme Court rules against ban against allowing kids around father’s gay friends
The Georgia Supreme Court tossed out part of a Fayette County court’s decision that kept a divorced gay father from allowing his children to interact with his gay friends, according to a ruling today from the state Supreme Court.
In the ruling, Justice Robert Benham wrote the high court acknowledges that trial courts have the discretion to “limit a parent’s exposure of the children to certain people, if it can be shown that the children would be adversely affected.”
In this case, the Supreme Court justices rejected Fayette County Superior Court Judge Christopher Edwards’ ban on having the gay father bring his gay friends around his children. Edwards has been nominated to fill the a seat on the state Supreme Court after Chief Justice Leah Sears steps down at the end of June.
“The blanket prohibition against exposure of the children to members of the gay and lesbian community who are acquainted with husband is another matter,” says today’s opinion. “There is no evidence in the record before us that any member of the excluded community has engaged in inappropriate conduct in the presence of the children or that the children would be adversely affected by exposure to any member of that community.”
See Ga. Supreme Court rules against ban against allowing kids around … Sovo.com
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LA Times Editorial: A court battle California doesn’t need
The Supreme Court’s ruling last week in the case of a grandiosely unethical West Virginia justice opened a new field of constitutional review — the high court may now consider when an elected state court jurist has been so tainted by politics that due process requires him to recuse himself from a case.
In West Virginia, a coal executive spent more than $3 million to unseat a sitting state Supreme Court justice; it was money well spent, as the justice was defeated by voters and replaced by Brent Benjamin. Benjamin then did what was expected of him and cast a deciding vote in overturning a $50-million jury award against the executive’s coal company.
Indeed, California has wrestled with this problem before — and quite possibly could again.
California’s system for selecting Supreme Court justices is much better than West Virginia’s. Candidates for the court here are nominated by the governor, confirmed by a state commission and then placed on the bench. They must periodically stand for retention, but they are not, as they are in West Virginia, subject to direct challenge by rival candidates. A retention election can cost a justice his or her seat, but it does not let voters kick out one justice and install their own replacement.
California’s rules have helped balance the judiciary’s independence with the public’s fair insistence on accountability, but even this state’s reasonable retention process has been subject to tilt. Most notable was the 1986 retention election that removed Chief Justice Rose Bird and two associate justices, Cruz Reynoso and Joseph Grodin. Much reflection has gone into that race in the decades since, and opinions differ on its merits. Two truths, however, stand the test of deep inquiry: The forces arrayed against Bird were not motivated solely by her opposition to the death penalty — that was cover for a second complaint, which was her defense of consumer rights against corporate power — and Reynoso and Grodin were victims of a special-interest crusade against a vulnerable chief.
Would that we could relegate that episode to California’s history. In fact, the state rumbles with discontent over its high court and chief, and those stirrings contain alarming echoes of the battle of 1986.
At issue are the court’s rulings on same-sex marriage and Proposition 8, and its chief justice, Ronald M. George. In May 2008, the court overturned the state’s ban on gay marriage, striking a victory for civil rights in the grandest tradition of constitutional protection of minorities. A few months later, after voters approved Proposition 8 and amended the state Constitution to ban the same institution that the court had upheld, George and his colleagues upheld the amendment. Both times, George wrote for the majority. He thus angered opponents of gay marriage in 2008 and supporters of it in 2009.
By California’s rules, George faces a retention election in 2010, and some predict that he could face challenges from either side — or even both — in this polarizing debate.
That would be a shame for the state’s judiciary, an unfortunate attack on judicial independence and an unfair castigation of one of this state’s most principled and admirable public officials. In the gay-marriage cases, George’s votes demonstrated conscience, professionalismand restraint. He voted to uphold same-sex unions out of the strong conviction — which this page shares — that the Constitution does not allow society to deny the protection of marriage to gay couples any more than it once denied it to those united across race. The ruling was right on the law, and will certainly be validated over the long march of history.
Months later, voters tacked in the other direction, narrowly rejecting gay marriage and amending the Constitution to allow California to recognize only the unions of heterosexual couples. That was challenged, naturally, and the lawsuit offered the court the opportunity to extend its earlier ruling, though on shaky constitutional grounds — advocates for same-sex marriage argued that Proposition 8 was such an affront to the rights of Californians that it revised the Constitution rather than merely amending it. Scholars split on the merits of that argument, and although the strong consensus of legal opinion rejectedit, an opportunistic justice might have seized the chance to solidify his legacy.
Instead, George subordinated his politics — as evidenced by his writing — to the weight of constitutional opinion. He voted to uphold the proposition, even though it undid his own work. Permitted latitude within the strictures of the Constitution in the first case, George was able to vote his conscience; bound by the Constitution in the second case, he yielded.
Such is the lot of a principled judicial officer, but those concerned only with results already have signaled their unhappiness with George. The moneyed interests that supported Proposition 8 last fall are considering whether to finance a campaign against George next year. Supporters of gay marriage, who championed his heroism in 2008, were bitterly disappointed when the court upheld the hateful initiative.
This is not West Virginia. Corporate interests are not knocking off justices who disagree with them and seating more accommodating replacements. But intimidation has no place in our judicial life any more than it does in Appalachia. The 1986 campaign against Bird and her colleagues now stands for many as a reminder that well-intentioned systems of accountability may be hijacked by special interests, a lesson learned too often and at great cost in California. It was misguided in its first iteration; it would be regrettable in its second.
See A court battle California doesn’t need
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Slim on LGBT Cases, Sotomayor Wins Gay Praise
Video: Who is Sotomayor? KRQE.com
Who is Sotomayor? KRQE.com
No, Sonia Sotomayor Isn’t Gay. But Is She Gay Friendly? Queerty
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Same-Sex Unions Supplant Abortion As Social Priority for Conservatives In Fight Over High Court Pick
As President Obama prepares to name his first Supreme Court justice, conservatives in Washington are making clear that his nominee will face plenty of questions during the confirmation process on the legal underpinnings of same-sex marriage.
In addition to shedding more light on the nation’s most contentious unfolding social drama and legal frontier, Senate Republicans say the debate could provide a road map to an Obama nominee’s judicial philosophy.
“It may reflect the degree to which they think that they’re not bound by the classical meaning of the Constitution, and that they may want to let a personal agenda go beyond what the law said,” said Sen. Jeff Sessions (Ala.), the senior Republican on the Senate Judiciary Committee.
Questions on social issues in confirmation hearings have tended for the past 30 years to focus squarely on abortion, with partisans from both sides poring over a nominee’s writings and rulings and presidents typically denying that any “litmus test” was employed in the selection.
Same-sex marriage carries the same freighted potential to dominate a hearing, conservatives say.
“It is now the flash point where politics and law meet. That flash point used to be abortion. I don’t think anybody thinks that’s going to be the flash point in this nomination,” said William A. Jacobson, a Cornell University law professor and conservative blogger.
Sen. Orrin G. Hatch (Utah), another GOP member of the Judiciary Committee, said conservatives are particularly eager to avoid a Supreme Court ruling akin to the 1973 Roe v. Wade decision, which legalized abortion nationwide and has divided the country ever since. “I don’t think members of the court, or any of us, ever want to see a decision like that again,” Hatch said. Obama assured the senator in a recent meeting that he will not pick a “radical” to replace Souter, but Hatch added: “Presidents always say that. That’s why we have the hearing process.”
Same-sex marriage gained national resonance in the wake of last month’s Iowa Supreme Court ruling that legalized the practice in that state. And in the two weeks since Justice David H. Souter announced his retirement, Maine also legalized same-sex marriage, becoming the fifth state to do so; the New Hampshire legislature sent a marriage-equality bill to the governor; the New York State Assembly approved gay-marriage legislation; and the District of Columbia voted to recognize same-sex marriages performed elsewhere.
Those actions, in so short a time, have outstripped the ability of Democrats in Washington to stake out their public position on the issue. MORE at Washington Post
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A Gay Justice?
Former Stanford Law School dean Kathleen Sullivan is, according to the National Law Journal, one of the 100 most influential lawyers in America. She’s a nationally prominent scholar and teacher of constitutional law, and author of the nation’s leading casebook in constitutional law.
Stanford Law School professor Pamela Karlan clerked for former Supreme Court Justice Harry Blackmun, is founding director of Stanford’s Supreme Court Litigation Clinic, and is a leading expert on voting and the political process.
Sullivan and Karlan are both frequently mentioned as possible Supreme Court nominees for President Obama.
Both women also happen to be openly lesbian. … Peter Sprigg, a senior fellow at the conservative Family Research Council, says that “the real issue would not be the person’s private life but the issue would be would they be imposing their personal ideology upon the court. In this case would they be imposing a pro homosexual ideology, a pro-same sex marriage ideology.”
Sullivan, for instance, joined a friend of the court brief arguing that same sex marriage should be legal even if the “equal protection” clause “would not always have been interpreted by the courts to forbid discrimination against gay people.” Not allowing same sex marriage is a violation of “both due process and equal protection; the former because the right to marry is a form of liberty and the latter because the restriction treats lesbians and gay men differently from straight individuals.”
That she believes that because she’s lesbian, and not because she believes the refusal to allow same sex marriage constitutes unconstitutional discrimination, is another matter.
Either way, discussion about a Justice Sullivan or a Justice Karlan comes at a time when the Obama administration is hearing some impatience voiced by gay and lesbian activists on other issues.
“I think there is some disappointment in the gay community that (President Obama) hasn’t in this initial period spoken more directly and more forcefully about some of the issues he spoke about on the campaign,” Richard Socarides, a former adviser to President Bill Clinton on gay and lesbian issues, told us for Good Morning America today. “Specifically the ‘Don’t ask/Don’t tell’ policy in the military.” See Gay Justice?
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GOP Senator Admits He Is Too Big A Bigot To Accept A Gay Supreme Court Justice
Republican Sen. John Thune:
“I know the administration is being pushed, but I think it would be a bridge too far right now,” said the South Dakota Republican. “It seems to me this first pick is going to be a kind of important one, and my hope is that he’ll play it a little more down the middle. A lot of people would react very negatively.”
See Fellow GOP Senator: Gay Nominee A “Bridge Too Far”
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