Friday, April 7, 2017

Today in Stupid: "We did it! Neil Gorsuch Confirmed to US Supreme Court"

Brian S. Brown
As you might have guessed that quote is from Brian S. Brown, leader of National Organization for Marriage.
We did it! Thanks to you and so many NOM members and conservative activists across the country, Senate Majority Leader Mitch McConnell was able to muster the votes to change Senate rules to allow the Gorsuch confirmation to move forward, and Justice Gorsuch won a bipartisan majority. He now will join the Supreme Court as a worthy successor to the late, great Antonin Scalia.
Gorsuch's confirmation was never in doubt. Republicans made it clear at the outset that they would confirm Gorsuch one way or the other. They chose “other.”
This development is a huge boost for NOM and for the prospects of restoring true marriage to our nation's laws by reversing the illegitimate, anti-constitutional Obergefell ruling of 2015 redefining marriage. Justice Gorsuch shares Justice Scalia's judicial philosophy and we are confident he will rule to overturn the illegitimate marriage decision.
He keeps repeating this crap. A ruling by the Supreme Court is not “illegitimate” just because Brown and the Catholic Church do not like it. Moreover it is virtually impossible for the Supreme Court to make a ruling that is “anti-constitutional.” More than 200 years ago, Marbury v. Madison established the fact that the Supreme Court is the final arbiter of the Constitution. Furthermore, the justices in the majority in Obergefell v. Hodges are still on the Court and Gorsuch said in his confirmation hearings that marriage is “absolutely settled.”

Obergefell cannot simply be overturned. A new case would have to make its way through the courts. As judges become more conservative they tend to be more concerned with standing. A litigant is faced with the task of proving that they have been harmed by marriage equality (not prospectively and not hypothetically but actually) and that the only remedy is to overrule Obergefell. Precedence (or stare decisis) is a very important part of American jurisprudence. It offers consistency and dependability so that laws don't change with each new administration. Generally speaking (with the exception of criminal cases) it takes the Supreme Court 20 years or more before a case is overruled. Yes there are exceptions but, then again, 100 years between rulings is not uncommon in the history of the Court.

Which begs the question: Why should the Court overturn Obergefell? What possible coherent reason could there be? No one has ever proved to any extent that same-sex marriage has any effect on traditional marriage. What terrible thing has happened to justify even considering such a case. Brown never elaborates. Reason consists of the same hypothetical arguments that never materialize.

Brown has a more cynical agenda. He needs an excuse to try to keep NOM alive. This one happens to be misleading. It is a lie and, in spite of being such a self-righteous prick, that doesn't seem to be a concern.

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