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Winning Prop 8 Attorney Team Olson And Boies Announce New Battle: Virginia Marriage Ban

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Ted Olson and David Boies won their battle against Prop 8, California’s ban on same-sex marriage, when a federal court judge ruled it unconstitutional in 2010, and again, when the Ninth Circuit upheld the ruling in 2012, and again, in essence, this year, when the Supreme Court ruled opponents of the law did not have standing to challenge it.

Now, just a few months after putting Prop 8 in its rightful grave, Olson and Boies are announcing this morning they are taking on another state’s marriage equality ban: the 2006 Virginia constitutional amendment banning same-sex marriage.

Often called the “odd couple” — Olson is a staunch old school conservative and Boies a liberal Democrat — the team this time will join forces in an existing case, Bostic v. Rainey.

LOOK: Meet Olson And Boies’ Virginia Couples Whose Marriage Case May Get To The Supreme Court

The American Foundation for Equal Rights (AFER), the organization formed to fight Prop 8 and which funds Olson and Boies’ work, explain that the “case, filed in U.S. District Court for Virginia’s Eastern District on behalf of two couples, calls the Virginia Marriage Amendment, which prohibits gay and lesbian couples from marrying, unconstitutional because it violates the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution, violates Due Process and singles out gays and lesbians for a disfavored legal status, thereby creating a category of ‘second-class citizens.'”

The Washington Post notes, “Olson said AFER was invited to join the case by attorneys for the plaintiffs, Norfolk residents Timothy Bostic and Tony London, whose marriage application was turned down, and Carol Schall and Mary Townley, who have a 15-year-old daughter and whose marriage in California is not recognized by the commonwealth.”

Virginia is an “attractive target,” said Olson, who lives in the state, because its rejection of same-sex marriage and civil unions is so complete.

“The more unfairly people are being treated, the more obvious it is that it’s unconstitutional,” Olson said.

Chris Geidner at Buzzfeed adds that “unlike in 2009, AFER is not alone. The ACLU and Lambda Legal have several pending challenges to the constitutionality of marriage bans in various courts across the country, including in Virginia.”

Additionally, several unaffiliated lawyers — as initially was the situation in the lawsuit AFER is joining Monday — have filed lawsuits in state and federal court.
As such, Olson and Boies know the clock is ticking and that some case is going to present the issue again to the Supreme Court in short order. With Monday’s announcement, the duo aim to place their marker on the map with Bostic and London’s case.

Ultimately, Olson and Boies are looking for a ruling that would end all bans on same-sex marriage, which means they may be thinking this is another opportunity to bring a case to the Supreme Court.

 

Image of Ted Olson and David Boies by the American Foundation for Equal Rights, via Facebook

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RIGHT WING EXTREMISM

‘Boldly Ignorant’ Ted Cruz Slammed by Retired NYPD Detective for His Suggestions to Protect Kids

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Appearing on MSNBC’s “The Katie Phang Show,” a retired NYPD detective expressed disgust with Sen. Ted Cruz (R-TX) over his attempts to dismiss the idea of new gun laws to protect children in schools and instead is insisting America needs to turn schools into fortresses.

In interviews and appearing at the NRA convention this weekend in Houston, Cruz has vociferously disregarded the easy availability of high-powered weapons and instead focused on a door that was left open at the elementary school where the shooting occurred.

After host Phang shared a clip of the Texas Republican making his case, she asked former law enforcement detective Marq Claxton his thoughts on what Cruz was proposing.

Calling the controversial senator “boldly ignorant,” he proceeded to rip Cruz’s proposal apart.

“Marq, I was a prosecutor for half my career, I never prosecuted somebody for leaving a door open. How absurd is this proposal by Ted Cruz that the solution is to make sure that we don’t have too many doors at our schools?” host Phang asked.

“Ted Cruz’s statements were boldly ignorant and dismissive of the clear obvious danger that is faced by so many people in society because of the prevalence of violence and gun violence in particular,” he replied. “It really shows just how so many political electeds lack the fortitude to move forward and do the right thing: save lives.”

“Instead of sloganeering, Mr. Cruz and his other elected colleagues really should be working on legislation that provides, or minimizes the risk of damage, and could quite possibly and probably save lives,” he continued. “That is some additional gun restrictions, some background checks, there are other things that are out there that will undoubtedly be effective and save lives, and prevent these gun violence deaths.”

Watch the segment below or at this link.

 

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‘Taking Us All for Fools’: Critics Decimate Greg Abbott’s Claims and Defense of His Actions in Wake of School Shooting

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Texas Republican Governor Greg Abbott in a press conference that left reporters frustrated defended his actions and insisted his earlier praise for law enforcement’s widely criticized response to the Uvalde school massacre was the result of being “misled.”

“I am livid about what happened,” Abbott declared, blaming others for his “recitation of what people in that room told me.”

Critics aren’t buying his claims.

Abbott, who’s in the middle of a heated re-election campaign, appeared extremely defensive when reporters asked him questions.

“Let’s be clear about one thing. None of the laws I signed this past session had any intersection with this crime at all,” Abbott told reporters when asked if he would call the legislature back for a special session, as The Texas Tribune’s Sewell Chan noted.

“No law that I signed allowed him to get a gun,” Abbott insisted.

“The answers fell pretty flat,” opined MSNBC’s Nicolle Wallace, who noted the press event lasted just 36 minutes, less time than the police officers “stood outside and did nothing,” which was 47 minutes.

Abbott ended the press conference with many reporters almost begging him to take more questions. As the governor left one frustrated reporter was caught on a hot mic saying “unbelievable.”

Chan, who is the editor in chief of the Tribune, added on Twitter: “Abbott rejects background checks as a simplistic and ineffective fix. Wouldn’t have prevented Sutherland Springs and Santa Fe shootings, he says. Tries to turn focus to broken mental health system.”

Former FBI assistant director for counterintelligence Frank Figliuzzi on MSNBC delivered a strong rebuke to Governor Abbott’s remarks.

“No amount of free flights, no amount of free caskets, no amount of mental health counseling is going to bring back any one of those murdered children,” Figliuzzi said, referring to Abbott’s announcement an anonymous donor is putting up  $175,000 for funeral expenses of those who were murdered in the shooting and said the state will pay for mental health treatment.

Abbott also insisted that since Texas became a state it’s been legal for 18-year-olds to buy long guns.

Fred Guttenberg, whose daughter Jaime was murdered in the Parkland school shooting, blasted Abbott:

And long guns of today, as Figliuzzi noted, are often semi-automatic “killing machines.”

“The governor seems completely unable to understand that he can easily make a distinction when you’re talking about whether an 18-year-old should buy an assault rifle or not. And all he cares about is a century of history in Texas on long guns. We didn’t have the AR-15 style assault weapons back then.  He can easily make a distinction and say, ‘you can go hunting, here are the rifles you can do, you can buy, you can possess – and here’s an assault-style rifle.'”

“If he thinks that people are stupid and unable to understand that there is a clear distinction between a killing machine and a hunting rifle, that he’s taking us all for fools.”

 

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‘I Apologize for Interrupting Your Press Conference’: Tearful Texas Democrat Urges Greg Abbott to ‘Do Something’ on Guns

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The Texas Democratic State Senator who represents Uvalde stood up during Greg Abbott’s Friday afternoon press conference and almost begged the Republican Governor to “do something” about gun violence after Tuesday’s massacre at Robb Elementary School that took 21 lives.

Abbott was trying to place the blame for the school shooting on mental health despite the gunman having no documented issues, and told attendees, “we’re focusing our attention on the wrong thing.”

That was not good enough for Democratic State Senator Roland Gutierrez, who politely introduced himself and said, “I’m not making a political speech.”

“My colleagues are asking for a special session, you’re getting a letter tomorrow,” from the Senate Democratic Caucus.

“We’ve asked for gun control changes – I’m asking you now, bring us back in three weeks.”

Gutierrez grew emotional, sounding as if he was choking up, and added, “I apologize for interrupting your press conference about the needs of this community. I’ve been here for three days with all of these elected officials – this county judge has been working his ass off,” he continued.

“I don’t know how to express the loss of the families that I’ve talked to,” he added.

“You have to do something, man,” Gutierrez said, all but begging the governor to take action, and saying his “own colleagues are calling me and telling me this is enough.”

Watch:

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