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John Boehner Thinks Gay Marriage Should Be Banned Because Of Polygamy

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Paul Clement, a high profile attorney hand-picked by John Boehner — who is spending 1.5 million tax dollars to defend a federal ban on gay marriage —  is arguing DOMA must live because of polygamy.

Speaker of the U.S. House of Representatives, John Boehner, decided last year to invest $1.5 million — your tax dollars — to defend DOMA, the Defense of Marriage Act that bans the federal government from recognizing same-sex marriages, after President Obama and Attorney General Eric Holder both declared the 1996 law to be unconstitutional. Literally dozens of federal judges have weighed in since — and agreed with the President.

Speaker Boehner tasked the Bipartisan Legal Advisory Group (BLAG) to defend DOMA, and appointed a handpicked high profile private attorney, Paul Clement, to defend challenges to DOMA in federal court. Clement’s batting average for all the DOMA cases he’s defended is .000. Clement, who also famously lost the fight to strike down Obamacare, is a a former United States Solicitor General who served under President George W. Bush.

Now, Paul Clement, hand-picked by John Boehner, is arguing that DOMA must live because of polygamy.

In the heartbreaking case of Windsor v. United States, Edie Windsor, an 83-year old widow who is fighting — and has won in several federal courts — a “death tax” of $363,000 that, if the federal government recognized her legal marriage to her wife who passed away, she would not have pay. Windsor married Thea Syper two years before her death, although the couple had been together for 40 years.

“The lawyer [Paul Clement] for House Republican leaders had to reach all the way back to 1885 today when asked where the ‘traditional understanding’ of marriage could be found in federal case law — referring to a case dealing with polygamy in the Utah territory,” Chris Geidner, writing at Buzzfeed yesterday, reported on the Second Circuit Court of Appeals trial in New York:

That case, decided about polygamy in Utah before women were guaranteed the right to vote, came only 20 years after the end of the Civil War and more than 80 years before the court would strike down bans on interracial marriage. Today, it was one of the underlying arguments in House Republican leaders’ case that the Supreme Court recognizes a “traditional understanding” of marriage that the Defense of Marriage Act is seeking to uphold.

The arguments were at points similar to arguments heard in April before the First Circuit Court of Appeals in Boston, which determined that the law is unconstitutional. Today’s arguments, however, included an admission by Clement that if courts decide that laws targeting gays and lesbians should be viewed skeptically, like those based on race or sex, then it would be more difficult to justify DOMA.

“That said, I’ll try it,” Clement told the judges, noting that “there’s no way to preserve the definition of marriage [as one man and one woman] other than by preserving the definition. It becomes somewhat circular.”

Geidner examines broad issues of DOMA and scrutiny — how the courts decide what standards to use in determining whether or not DOMA is unconstitutional — and concludes with this:

More than 30 years before the U.S. Constitution would be amended to prohibit voting discrimination based on sex, the Supreme Court upheld the constitutionality of a law that required those in the Utah territory to take an oath that included a statement that the male was violating bigamy or polygamy prohibitions.

The case, which cited the infamous Dred Scott Supreme Court decision declaring that slaves were not citizens under the U.S. Constitution as evidence of governmental powers in the territories, was mentioned by Clement. It’s the case, he told Judge Chester Straub, a Clinton appointee to the bench, where the Supreme Court referenced the “traditional understanding” of marriage.

The 1885 case takes a hard line on the role of marriage in the post-Civil War nation, in reference to the practice of polygamy in the Utah territory.

The court wrote that “no legislation can be supposed more wholesome and necessary in the founding of a free, self-governing commonwealth … than that which seeks to establish it on the basis of the idea of the family [is] consisting in and springing from the union for life of one man and one woman in the holy estate of matrimony.”

That definition of marriage, the court wrote in 1885, is “the sure foundation of all that is stable and noble in our civilization; the best guaranty of that reverent morality which is the source of all beneficent progress in social and political improvement.”

Steven Thrasher, writing “For Elderly Gay Widow Edith Windsor, The GOP Is All For High Taxes,” today in The Daily Beast, notes:

“When Barack Obama proved unwilling to hound an octogenarian widow for a tax bill she never should have been charged, House Speaker John Boehner proved more than willing to take up the task—even at a cost to taxpayers of far more than the money she owed.”

Death and taxes, and GOP hate and ignorance. Four things that you can aways count on.

Image circa 1877, via Wikipedia: Brigham Young’s 12 widows lament. Caricature in a newspaper about Mormon polygamy. Text: “In memoriam Brigham Young. And the place which knew him once shall know him no more.” It references the apocryphal “long bed” story (and illustration) found in chapter 15 of Mark Twain‘s 1872 book Roughing It.

Related:

Breaking: 145 House Democrats File Amicus Brief Denouncing DOMA

Breaking: DOMA Declared Unconstitutional Again — By A Bush Appointee

Fighting DOMA, Edie Windsor Now Takes Her Case To The Supreme Court

Breaking: DOMA Ruled ‘Unconstitutional’ In Lesbian Estate Tax Case

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‘New MAGA Slush Fund’ Could Hand Trump Coalition ‘Cut of the Spoils’: Columnist

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President Donald Trump reportedly may drop his $10 billion lawsuit against the IRS in a settlement handing him control of a $1.7 billion “MAGA slush fund” to compensate victims of government abuse, according to The New Republic‘s Greg Sargent, who calls it a “Shakedown.”

Citing an ABC News report, Sargent explains that the proposed settlement “would create a ‘commission’ with ‘total authority’ to settle ‘claims’ brought by those who allege such weaponization. Per ABC, this not only includes the insurrectionists; it could even settle purported claims by ‘entities associated with President Trump himself.’ By all indications it would operate with little-to-no congressional oversight.”

U.S. Rep. Jamie Raskin (D-MD) told Sargent it is “a shocking new betrayal of the Constitution.”

This “new MAGA slush fund,” Sargent says, would come from an existing Justice Department fund that has strict controls, including transparency requirements. But “Trump would wield quasi-direct control” over the $1.7 billion, including being able to fire commission members “without cause,” and “it wouldn’t be required to disclose its decision-making involving who gets awarded compensation.”

Raskin told Sargent, the “Judgment Fund exists to settle valid judgments against the United States government.”

Raskin said that Trump and his allies are “trying to take money from the Judgment Fund while eliminating any controls and oversight” and put it under Trump’s “direct unilateral control.”

Because Congress did not set up any fund like this it could be unconstitutional.

“Congress never would have passed a $1.7 billion slush fund for his friends—this is completely outside of our constitutional framework,” Raskin said. He called it “an outrageous desecration of congressional power of the purse.”

Raskin also noted that the Constitution’s 14th Amendment prohibits government from assuming any “obligation incurred in aid of insurrection or rebellion against the United States.”

So if Trump wants to use the $1.7 billion to compensate the January 6 rioters, he will be “using federal taxpayer dollars to compensate people who participated in insurrection,” according to Raskin.

Trump and his lawyers “are figuring out a way to refund the January 6 militia, presumably to get them ready for the next round of battle,” Raskin said.

“So at bottom,” Sargent concludes, “payments from this fund might ultimately serve as a form of coalition management: They’ll keep large swaths of his coalition persuaded that a win for Trump, no matter how illicit or ill-gotten, is a win for them. That his corruption isn’t just in his own interests, but in theirs, too. Because, after all, they’re getting a cut of the spoils.”

 

Image via Shutterstock

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CNN Analyst Stunned Bottom Has ‘Completely Fallen Out’ For Trump

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CNN analyst Harry Enten is stunned at how far President Donald Trump’s approval rating has fallen, especially among Latino voters.

“The bottom has completely fallen out when it comes to Donald Trump and Latino voters,” Enten said on Friday.

“What a different world,” he exclaimed. “Oy vey, if I’m the president of the United States, because just take a look here.”

Trump won a “record share” of Latino voters for a “Republican presidential nominee, 46 percent of the vote,” Enten said, “going all the way back since we had the advent of exit polls back in 1972.”

Trump’s job approval rating, in an average of CNN polls, is 28 percent — “an 18 point drop,” Enten explained.

Latino voters from 2024 “have abandoned him with the utmost, just, dislike of what he is doing so far — just 28 percent, a drop of 18 points.”

And with Latino men, Enten said, “Oh, my goodness gracious.”

Trump is at -41 points, a “movement of 51 points, a shift away from the president of the United States.”

“Again, the bottom has just completely fallen out, and, of course, when you look across that political map, there are so many races that will be involving a lot of Latino voters, and when you see numbers like this, I just go, ‘Uh oh,’ if I am a Republican running for Congress,” he said.

Enten also said that one of the reasons Trump had “record performance with Latinos back in 2024, was because the issue of the economy. They trusted Donald Trump by a three-point margin against Kamala Harris.”

But his net approval on the economy now? “Minus 46 points.”

“No wonder the bottom has fallen out with Latino voters and Latino men in particular,” he added.

 

Image via Reuters 

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Alito Refuses to Recuse From Supreme Court Case Despite Stock Ownership in Industry

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Supreme Court Justice Samuel Alito is refusing to recuse himself from a major climate case despite owning stock in several energy companies, although none in the two that are parties in the lawsuit the court will hear next term.

Citing his energy stock ownership, liberal groups have been calling for the conservative justice to recuse, and they have asked the Senate Judiciary Committee to investigate Alito’s involvement, NBC News reports. But the Supreme Court says Alito is not obligated to do so.

“Justice Alito does not have a financial interest in any party” involved in the case, a court spokesperson told NBC News in a statement. The court’s legal counsel advised that “his recusal is not required.”

ExxonMobil and Suncor Energy are fighting to have dismissed a lawsuit involving damages for climate harms, NBC News reports.

Justices are not required to recuse unless they have a direct conflict, such as specific stock ownership, a personal relationship, or a history with the case prior to their appointment to the Supreme Court.

In their letter, the liberal groups say that justices should recuse if their “impartiality might reasonably be questioned” by an “unbiased and reasonable person who is aware of all relevant circumstances.”

The liberal groups also say they have “deep concerns” about Alito’s “inconsistent history of recusals from cases from which he should be compelled to recuse under long-standing federal law.” They cite “his substantial holdings in individual oil and gas companies and other personal ties.”

They point to what they call Alito’s “irregular recusal practice in oil and gas industry-related cases,” saying that it is “undermining public confidence in the impartiality of the Court.”

NBC notes that “in 2023, Alito did recuse himself when the court turned away an appeal from the companies in the Colorado case.” That same day, “the court rejected appeals in similar cases involving other companies, including ConocoPhillips and Phillips 66. Alito also did not participate in those cases.”

But the court’s spokesperson said that Alito was “inadvertently recused” from the Colorado case.

 

Image via Reuters 

 

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