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Those darn activist (Republican appointed) judges

Timothy Kincaid

May 31st, 2012

Whenever we win any court battle we are regularly treated to massive doses of whining about activist judges. And during election season, some of the less ethical Republican candidates rant on and on about how you must vote Republican because Democrats appoint “judges who legislate from the bench” (by which they mean “judges who treat gay people as equal citizens”).

So I find it amusing that in our battle for recognition of our equal marriage rights – surely the issue most concerning the opponents of “judicial activism” – by far the judges who have found in our favor have either been appointed by Republicans or are in the party themselves. And the latest victory is no exception.

The three federal judges who unanimously agreed with Judge Joseph Tauro (a Nixon appointee) are:

* Judge Michael Boudin (author) – appointed by George H.W. Bush in 1990 to the the United States District Court for the District of Columbia and elevated to the First Circuit in 1992.

* Chief Judge Sandra Lynch – appointed by Bill Clinton to the First Circuit in 1995.

* Judge Juan Torruella – appointed by Ford to the United States District Court for the District of Puerto Rico in 1974. Elevated to the United States Court of Appeals for the First Circuit by Ronald Reagan in 1984

Somehow I don’t think we’ll be hearing “Damn that Ronald Reagan for appointing that judicial activist! That’s the problem with America, Republicans keep appointing judges who legislate from the bench!”

But I’m just guessing.



May 31st, 2012 | LINK

Justice is a funny thing. When you break it down to legal argument the bigots have no substantial reason to support inequality.

In essence fact matters, belief does not.

May 31st, 2012 | LINK

Yeah, but George H.W. Bush and Gerald Ford weren’t REAL Republicans….

May 31st, 2012 | LINK

Obviously that radical feminist appointed by Clinton if responsible for this. She managed to horns-waggle those two poor old Repugnican appointed men into voting the wrong way.

A real she-devil that one.

Oh, yeah. Glad to see you back Timothy.

May 31st, 2012 | LINK

JFE- Would that be a No True Scotsman?

May 31st, 2012 | LINK

Well at least they had the Republican good graces to “be sorry” about it, here is what they said int their ruling,

“Invalidating a federal statute is an unwelcome responsibility for federal judges; the elected Congress speaks for the entire nation, its judgment and good faith being entitled to utmost respect. Gregg v. Georgia, 428 U.S. 153, 175 (1976) (plurality opinion). But a lower federal court such as ours must follow its best understanding of governing precedent, knowing that in large matters the Supreme Court will correct mis-readings (and even if it approves the result will formulate its own explanation).”

That should cover them with their Republican friends….

Timothy Kincaid
May 31st, 2012 | LINK

I underestimated Brian Brown’s commitment to dishonesty:

“Liberal federal judges in Massachusetts and California have resorted to making up legal standards in order to justify redefining marriage,” said Brian Brown, NOM’s president.

Those liberal federal judges in California would be Chief Judge Walker Vaughn of the San Francisco US District Court and his replacement Judge James Ware, both Republicans.

June 4th, 2012 | LINK

I do find it amusing…and heartening…that it has been Republican court appointees upholding marriage equality, in the best tradition of the GOP by the way. HOWEVER, the big cahunas on the Supreme Court, Scalia, Thomas, Alito, maybe even Roberts. I can’t see them doing the same.

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