Thursday, October 8, 2015

Seriously - even in Alabama?

Banner at the Foundation for Moral Law website
Thursday, John Eidsmoe claims that the Supreme Court's decision in Obergefell v. Hodges does not apply to the states. Really? Eureka! It's a fucking miracle.

John Eidsmoe has been a lawyer for 45 years. During most of that time he was in the US Air Force retiring as a Lt.Col. I suspect that he was in the chaplain's corps. His last appearances in federal court were about five years ago. He lost four of five cases. The remaining action (for sanctions against him) was dismissed because opposing counsel did not file briefs on time. In one of the losses he was second chair for the unaccredited “Graduate School” of the Institute for Creation Research. I suspect that one might lose brain cells just by dialing their telephone number. Eidsmoe had a gig for awhile at fourth-tier Thomas Goode Jones School of Law.

These days, Eidsmoe is at Foundation for Moral Law in Montgomery, Alabama. FML was started by Roy Moore when he was removed from the bench. When he was reelected, his wife Kayla took over. I am not at all sure why the foundation describes him as a “constitutional scholar.”

According to American Family Association's news blog (AFA is a certified hate group), his organization is arguing that Article 6, Section 2 of the U.S. Constitution states that laws and treaties are the “Supreme Law” of the land. “It does not say court decisions,” he added.

Sure. Some fourth-rate lawyer in the Bible Belt has invalidated just about every landmark decision of the Supreme Court. Alabama can re-segregate its public schools and ban interracial marriage again. Those accused of crimes don't need no stinkin' Miranda rights in Alabama. Nor is the state required to provide them with counsel (to the extent that Alabama even does that).

Then there is Cooper v. Aaron which holds that the states are bound by the decisions of the Supreme Court and cannot choose to ignore rulings that they do not like. Cooper addresses the same idiotic argument made after Brown v. Board of Education desegregated schools. The Court held that Brown was the law of the land because the Supremacy Clause of Article VI made the US Constitution the supreme law of the land and Marbury v. Madison made the Supreme Court the final interpreter of the Constitution.

There is an upside to Eidsmoe. Now I can enjoy the moment of sending a snarky email to Foundation for Moral Law.

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