This is the fourth and final in a series of articles regarding the gay marriage issue that will likely be taken up by the Supreme Court in the new term beginning in October. There have been some rather intense comments along the way. Obviously, beliefs and opinions run high on both sides of this issue. Should Section 3 of DOMA prevail, there is no doubt | Read More »
Working on the assumption that Section 3 of DOMA survives before the Supreme Court because the Court will determine it satisfies rational basis scrutiny, what then? Obviously, Section 3- the definition of marriage as being between a man and a woman for federal purposes- is the framework as concerns the federal government that holds together the remainder of the law. As stated in previous entries, | Read More »
The 2011-2012 US Supreme Court is now history and will forever be known for its ruling in the Obamacare cases. There is no shortage of analysis and punditry regarding this complicated case and there will be for some time. However, the Court decided over 70 cases again this term and some have wide-reaching effects on all Americans. If one thing stands out that distinguishes this | Read More »
All legislation generally creates classifications that work to the advantage or the disadvantage of certain people. For example, 20-year olds can drive; 12-year-olds cannot. You can legally drink at 21, but not at 16. An indigent single parent is entitled to government financial aid, but millionaires are not. And so on. The Equal Protection Clause does not mean that government must treat everyone equally, only | Read More »
As expected and first noted here, it appears that the Defense of Marriage Act (DOMA) cases will be taken up by the Supreme Court before the California Proposition 8 case out of the Ninth Circuit Court of Appeals. That case involves totally different issues than those at stake in the DOMA cases. To further add impetus and urgency to the case, a serious separation of | Read More »
In a previous article, I described the methodology used for the Presidential election. Unfortunately, applying that system to Senate and House races is futile. For the Senate, since there are two per state, it is difficult to get an accurate view of long and short term electoral trends even when one looks at the actual seat in play. Obviously, with House elections, redistricting every ten | Read More »
Generally speaking, every time I write one of these entries, I get comments to the effect that polls at this time mean little, or that this state or that state is in play, or complaints about the accuracy of polls. Let me state right up front, as I do every time, that with a little over 4 months to the election, anything can change. We | Read More »
There is a tremendous amount of vitriol on these pages and other sites directed at Chief Justice John Roberts for his recent decision in the Obamacare cases. This writer has read and reread the decision, the concurrence and the dissenting opinion. I am still left with the impression that this opinion was, as one writer called it, a “deft decision.” Since Sandra Day O’Connor left | Read More »
Following the health care decision this morning on the Internet as it unfolded with CNN blaring in the background, I was, like most readers here, surprised. Incidentally, while CNN’s Wolf Blitzer was announcing the mandate was struck down and lining up liberal talking heads to comment, the Internet was reporting, correctly, the opposite. Jeffrey Toobin apologies aside for the initial confusion, it is quite evident | Read More »
WOW!!! Just wow!!!
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