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August 5th, 2010

Aug. 5th, 2010

As you've surely heard, Prop 8 was overturned yesterday in Federal district court (two steps below the Supreme Court); chipuni has photos and quotes from the courthouse.

The case, Perry v. Schwarzenegger, has some interesting quirks I hadn't been aware of:

- It's the second challenge; the first was filed wrong and thrown out.

- While the defendants named in the case represent the state of California, Schwarzenegger and the state AG (Jerry Brown! of all people) have declined to defend the case. The judge allowed Prop 8 proponents to step in and defend the case instead, and it's they who are going to be continuing the appeal.

Still to be argued is whether this will allow people to get married again while the bad guys continue to appeal.

Hissy fit!

This is great:

Dear en_ki

Yesterday (August 4), U.S. District Chief Judge Vaughn Walker single-handedly overturned California's Prop. 8, which elevated protection for one-man, one-woman marriage to its state constitution.

In doing so, he frustrated the express will of seven million Californians who went to the polls to shape their state's public policy on marriage.

Since marriage policy is not established anywhere in the federal Constitution, defining marriage, according to the 10th Amendment, is an issue reserved for the states. Judge Walker never should have accepted this case in the first place.

Under Judge Walker, it's no longer "We the People," it's "I the Judge."

In addition, Judge Walker is an open homosexual, and should have recused himself from this case due to his obvious conflict of interest.

What can be done?

Fortunately, the Founders provided checks and balances for every branch of government, including the judicial branch. Federal judges hold office only "during good Behaviour," and if they violate that standard can be removed from the bench.

Judge Walker's ruling is not "good Behaviour." He has exceeded his constitutional authority and engaged in judicial tyranny.

Judges are not, in fact, unaccountable. They are accountable to Congress, which can remove them from office.

Impeachment proceedings, according to the Constitution, begin in the House of Representatives. It's time for you to put your congressman on record regarding the possible impeachment of Judge Walker.

—American Family Association, to their mailing list today

One good quote demands another:

J'ai toujours fait une prière à Dieu, qui est fort courte. La voici: Mon Dieu, rendez nos ennemis bien ridicules! Dieu m'a exaucé.
(I always made one prayer to God, a very short one. Here it is: "O Lord, make our enemies quite ridiculous!" God granted it.)

François-Marie "Voltaire" Arouet, letter to Étienne Noël Damilaville (1767-05-16)