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House GOP’s Anti-Gay Supreme Court Brief Reads Like 1950’s Racist Propaganda

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The House GOP on Tuesday filed a 60-page brief in the Supreme Court that addresses the upcoming DOMA case of Edie Windsor, and it reads like 1950’s racist propaganda.

READ: Republicans File Brief in Support Of DOMA – Gays Are Doing Fine Without Any Help

DOMA, by the way, is the Defense of Marriage Act of 1996 that bans the federal government from recognizing same-sex marriages.

The brief, filed by John Boehner‘s hand-picked private attorney, Paul Clement — whom Boehner has secretly authorized to receive up to $3 million to defend DOMA — addresses the question:

Whether Section 3 of the Defense of Marriage Act, 1 U.S.C. § 7, violates the equal protection component of the Due Process Clause of the Fifth Amendment.

Clement, who has never, ever won a same-sex marriage case since Boehner hired him at the rate of $520 an hour to work for the “BLAG,” the House of Representatives’ Bipartisan Legal Advisory Group that has as its majority Republicans not Democrats, has decided that “traditional marriage” must be defended for these reasons:

“Gays and Lesbians Are Far from Politically Powerless.”

“DOMA Rationally Preserves Each Sovereign’s Ability to Define Marriage for Itself at a Time When States Are Beginning to Experiment with the Traditional Definition.”

“Congress Rationally Proceeded with Caution When Faced with the Unknown Consequences of an Unprecedented Redefinition of Marriage, a Foundational Social Institution, by a Minority of States.”

“Sexual Orientation Is Not an “Immutable” Characteristic.”

Among others, of course.

And look out, because the LGBT community is omnipotent!

More than twenty years ago, the Seventh and Ninth Circuits recognized that “homosexuals … are not without growing political power,” and that “[a] political approach is open to them” to pursue their objectives. Ben-Shalom, 881 F.2d at 466; accord High Tech Gays, 895 F.2d at 574. Whatever the limits of that conclusion two decades ago, there can be no serious doubt that the political power of gays and lesbians has increased exponentially since then.

In short, gays and lesbians are one of the most influential, best-connected, best-funded, and best- organized interest groups in modern politics, and have attained more legislative victories, political power, and popular favor in less time than virtually any other group in American history. Characterizing such a group as politically powerless would be wholly inconsistent with this Court’s admonition that a class should not be regarded as suspect when the group has some “ability to attract the attention of the lawmakers.”

And this, which can only be described as the “shuck and jive” of Paul Clement’s anti-gay animus:

There is no precedent for creating a suspect class that is based on the class’ propensity to engage in a certain kind of conduct.

Not only is sexual orientation different from every recognized suspect class in that it is based on a propensity to engage in certain conduct, the cause of that propensity is not well understood.

A “propensity to engage in certain conduct”? Really? I’d like you to take a moment, pause, and reflect on what Attorney Clement might be suggesting there.

Other reasons Clement gives for denying same-sex couples the benefit of marriage that is the birthright of heterosexual couples?

1. Providing a Stable Structure to Raise Unintended and Unplanned Offspring
2. Encouraging the Rearing of Children by Their Biological Parents
3. Promoting Childrearing by Both a Mother and a Father

Curiously, Clement notes that when DOMA was passed, in “the Senate supporters included then-Senator Biden; then-Minority Leader Daschle; current Majority Leader Reid; and current Judiciary Committee Chairman Leahy. In the House, Rep. Hoyer, the Current Minority Whip, supported DOMA.”

All those have in some manner, if not specifically, come out in support of same-sex marriage. Daschle lost his seat after fighting a constitutional amendment banning same-sex marriage.

Later, Clement quotes Jonathan Rauch, identifying him as a gay marriage supporter, which he was not — but now is.

Perhaps extremely disgusting is the argument Clement cites, from 1996:

As Senator Gramm observed, without DOMA, state recognition of same- sex marriage will create

a whole group of new beneficiaries—no one knows what the number would be—tens of thousands, hundreds of thousands, potentially more—who will be beneficiaries of newly created survivor benefits under Social Security, Federal retirement plans, and military retirement plans…. [I]t will impose … a whole new set of benefits and expenses which have not been planned or budgeted for under current law.

And:

If the federal government were forced to recognize same-sex marriages, Sen. Byrd noted, “it is [not] inconceivable that the costs associated with such a change could amount to hundreds of millions of dollars, if not billions … of Federal taxpayer dollars.”

[Bolding ours]

Clement writes, “in 1996 when it appeared that states soon would begin experimenting with changing the traditional definition [of marriage], the federal government was under no obligation to follow suit.”

In what other venue, issue, etc., does anyone refer to changing a law as “experimenting”?

Is ensuring First Amendment rights “experimenting”? Are anti-fracking laws labeled “experimenting”? Are laws ensuring children receive certain levels of education classified as  “experimenting”?

Why is same-sex marriage called “experimenting”?

And then this, what amount to their final argument: gays are already too powerful:

Creating new suspect classes takes issues away from the democratic process, and this Court has wisely refrained from recognizing new suspect classes over the last four decades. Homosexuality would be a particularly anomalous place to eschew that reluctance, as gays and lesbians have substantial political power, which has grown exponentially with each election cycle. Nor do the other factors this Court has looked to support recognizing a new suspect class here. To the contrary, with an issue as divisive and fast-moving as same-sex marriage, the correct answer is to leave this issue to the democratic process. In that process, there is a premium on persuading opponents, rather than labeling them as bigots motivated by animus. And the democratic process allows compromise and way-stations, whereas constitutionalizing an issue yields a one-size-fits-all-solution that tends to harden the views of those who lose out at the courthouse, rather than the ballot box. In the final analysis, the democratic process is at work on this issue; there is no sound reason to constitutionalize it.

And then this: Government must defend traditional marriage and exclude same-sex couples from the institution because heterosexuals are irresponsible:

The link between procreation and marriage itself reflects a unique social difficulty with opposite-sex couples that is not present with same-sex couples— namely, the undeniable and distinct tendency of opposite-sex relationships to produce unplanned and unintended pregnancies. Government from time immemorial has had an interest in having such unintended and unplanned offspring raised in a stable structure that improves their chances of success in life and avoids having them become a burden on society.

Ian Millhiser at Think Progress makes the case as well:

One can only wonder what Paul Clement might have written if Virginia had hired him to defend their practice of racial marriage discrimination when it was before the justices in 1967. “Negro leaders meet often with the President and with Congressional leaders, and indeed, President Johnson himself signed two major laws pushed by the Negro lobby. Negro groups not only led a widely attended rally on the National Mall, but they routinely organize well-attended sit-ins, marches and other events that garner press attention and national sympathy. Recently, a Negro march at the Edmund Pettus Bridge in Alabama even sparked the President of the United States to give a speech endorsing the Negro lobby’s agenda before a joint session of Congress.”

Because, of course, if the fact that gay people have won a few political battles lately were reason to deny them the equal protection of the laws, then the same would also be true about African-Americans and women. Lyndon Johnson signed the Voting Rights Act two years before Virginia lost its marriage discrimination case in the Supreme Court. The Civil Rights Act of 1964 promised equal treatment to women in the workplace — a promise still denied to gay men and lesbians —seven years before the justices first recognized that official discrimination against women violates the Constitution. Political victories do not cancel out Americans’ constitutional rights, they augment them, and Clement is simply wrong to suggest otherwise.

Read the entire brief, below:

House GOP’s BLAG files SCOTUS brief in support of DOMA by

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Comer Announces Public Hearing After Hunter Biden Closed Door Testimony

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House Oversight Committee Chairman Jim Comer announced he will hold a public hearing with Hunter Biden after the president’s son testified behind closed doors for most of Wednesday.

“I think this was a great deposition for us, it proved several bits of our evidence, that we’ve been conducting throughout this investigation, but there are also some contradictory statements that I think need further review,” Comer told reporters Wednesday afternoon.

“So this impeachment inquiry will now go to the next phase, which will be a public hearing. And that’s something that I think everyone in the media has been asking a lot of questions about. Something that I know that Mr. Biden and his attorney both demanded, just as I said, when we said we were going to do the deposition first, we will have a public hearing next.”

It’s unclear what other witnesses Chairman Comer and Chairman Jordan will present.

Comer claimed that parts of Hunter Biden’s testimony contradicted some of their previous witness’ testimony, although he refused to elaborate.

READ MORE: Court Denies Trump Request to Pause $454M Bond Requirement Amid His Cash Liquidity Claim

Hunter Biden stated in the opening remarks he released publicly Wednesday morning that Chairman Comer and Judiciary Chairman Jim Jordan had built their “entire partisan house of cards on lies told by the likes of Gal Luft, Tony Bobulinski, Alexander Smirnov, and Jason Galanis.”

“Luft, who is a fugitive, has been indicted for his lies and other crimes; Smirnov, who has made you dupes in carrying out a Russian disinformation campaign waged against my father, has been indicted for his lies; Bobulinski, who has been exposed for the many false statements he has made, and Galanis, who is serving 14 years in prison for fraud.”

Politico described Hunter Biden’s opening statement as “blistering.”

“I am here today,” the President’s son began, “to provide the Committees with the one uncontestable fact that should end the false premise of this inquiry: I did not involve my father in my business. Not while I was a practicing lawyer, not in my investments or transactions domestic or international, not as a board member, and not as an artist. Never.”

Watch Comer below or at this link.

READ MORE: Trump Swore Under Oath He Had $400 Million in Cash – Now He’s Telling a Court a Different Story

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Court Denies Trump Request to Pause $454M Bond Requirement Amid His Cash Liquidity Claim

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A New York appeals court has denied Donald Trump’s request to issue a stay on the state Supreme Court’s ruling ordering the ex-president to pay $454 million in the civil business fraud case brought by Attorney General Letitia James. Trump had offered to post a bond of $100 million as he appeals the ruling, as he suggested he did not have sufficient liquid assets – namely, cash – to post the full amount required.

The judge did, however, pause a portion of the ruling barring Trump from operating a business in New York, and also paused the portion of the ruling barring him from obtaining a loan from a bank registered in the State of New York.

“It’s a mixed bag for Trump, and the former president GAINS some ability, in an interim ruling, to continue his business activities and loan-seeking. But the most crucial request, a stay of enforcement of the $450M+ judgment, has been rejected,” reports Just Security’s Adam Klasfeld.

Unless he can obtain a loan or other financing, Trump, as he admitted in his legal filing, may have to sell some of his assets, likely real estate, to come up with enough cash to satisfy the judgment.

The court “also denied Trump’s request to delay his obligation to post $454 million until his appeal of the civil fraud verdict is over,” CNN adds.

RELATED: Trump Swore Under Oath He Had $400 Million in Cash – Now He’s Telling a Court a Different Story

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Trump Swore Under Oath He Had $400 Million in Cash – Now He’s Telling a Court a Different Story

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Attorneys for Donald Trump are arguing the ex-president and self-professed billionaire should not have to post a bond of $454 million as he appeals the New York State Supreme Court’s ruling holding him liable for civil business fraud. Instead, Trump is offering a bond of $100 million.

But as legal experts are pointing out, under oath, Trump stated he had $400 million in liquid assets. And his attorney, Alina Habba, when asked last week if he could come up with $350 million, said on-camera, “Yes, I mean, he does, of course he has money, you know, he’s a billionaire. We know that.”

Former federal and state prosecutor Ron Filipkowski, now the editor-in-chief of MeidasTouch.com, responded to Habba’s remarks, saying: “As we now know, this was also a lie.”

READ MORE: ‘How Extremism Is Normalized’: Schlapp Furious as Critics Slam CPAC Over Report of Nazis

“Trump says he doesn’t have the cash that both he and Habba told everyone he had, and that ‘properties would have to be sold’ to come up with the money,” Filipkowski adds.

He sums up the situation: “Trump under oath in his deposition: I’m worth at least $10 billion, I have over $3 billion in tangible assets, I have $400 million in cash. Trump to appellate court: I can come up with $100 million and I need more time to sell stuff to come up with the rest.”

Indeed, The New York Times reported earlier this month, “Mr. Trump claimed under oath last year that he was sitting on more than $400 million in cash.”

New York Attorney General Letitia James was quick to urge the court to deny Trump’s offer of $100 million, or, as Just Security’s Adam Klasfeld reports, “to deny Trump’s application to pause enforcement of the judgment pending appeal, including the disgorgement, monitoring, and loan prohibition.”

“Defendants all but concede that Mr. Trump has insufficient liquid assets to satisfy the judgment amount; defendants would need ‘to raise capital’ to do so,” James writes, as Klasfeld notes.

READ MORE: ‘Conspiring With Putin’: Democratic Congressman Brings the Hammer Down on Jim Jordan

Klasfeld points to this section of Trump’s motion that reads: “In the absence of a stay on the terms herein outlined, properties would likely need to be sold to raise capital under exigent circumstances, and there would be no way to recover any property sold following a successful appeal and no means to recover the resulting financial losses from the Attorney General.”

In other words, Trump’s attorneys are saying he would have to sell assets, or properties, at less than market value, and should he win his appeal, he would have no means to be compensated for the difference in value.

“Trump has less than 30 days to post the money to prevent the New York attorney general’s office from taking steps to execute the judgment, including potentially move to seize properties,” CNN adds. “It is not yet clear how he plans to cover the payment.”

Watch the video above or at this link.

Image via Shutterstock

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