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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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Ethics Committee Reveals Latest Republican to Come Under Review: Report

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The House Ethics Committee has reportedly announced that U.S. Rep. Nancy Mace (R-SC) is facing a review by the Office of Congressional Conduct.

The origin of the review was not been disclosed. Under committee rules, officials are prohibited from stating whether the matter constitutes a formal investigation or identifying its underlying cause. The Committee only stated that there is a “matter regarding Representative Nancy Mace.”

“The Committee notes that the mere fact of a referral or an extension, and the mandatory disclosure of such an extension and the name of the subject of the matter, does not itself indicate that any violation has occurred, or reflect any judgment on behalf of the Committee,” the Ethics Committee statement reads. It was posted to social media by congressional journalist Jamie Dupree.

The statement also says the committee will “announce its course of action in this matter on or before March 2, 2026.”

Congresswoman Mace is currently running for governor of South Carolina.

Earlier this month Mace warned that Republicans may lose control of the House, saying they have not “done enough” and could “do a lot more” to implement President Donald Trump’s agenda, The Hill reported.

 

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Republican Vows to Block Trump’s Greenland Push

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A prominent Republican lawmaker is vowing to thwart any attempt by President Donald Trump to acquire Greenland through force or financial means.

Speaking from Copenhagen as part of a bipartisan delegation of U.S. congressional lawmakers, U.S. Senator Lisa Murkowski (R-AK), told reporters it is “an important message for the people of the Kingdom of Denmark to understand” that the United States has “three separate but equal branches” of government.

Reminding them that under the U.S. Constitution it is Congress that controls spending, Senator Murkowski, who has broken ranks and stood up to President Trump at times, said, “In Congress, we have tools at our disposal under our constitutional authority that speaks specifically to the power of the purse through appropriations.”

She noted also that “Congress has a role. Certainly, when it comes to spending authorities, the Congress has a role in basically helping to facilitate the message that comes from our constituents, to be reflected in whether it’s legislation or appropriations, or actions or measures, that can indicate, again, the will of the Congress.”

READ MORE: Trump Dangles Another Insurrection Act Threat for Minnesota

The “vast majority” of Americans do not support the acquisition of Greenland, Senator Murkowski added, noting that “some 75 percent will say we do not think that that is a good idea.”

“Greenland needs to be viewed as our ally, not as an asset,” Murkowski also told reporters.

Politico reported that U.S. Senator Chris Coons (D-DE) “also took part in the visit by House and Senate lawmakers,” and “said he would push ahead with legislation to curb Trump’s power to act unilaterally.”

He also denied President Trump’s claims that Greenland is necessary to be owned by the U.S. for national security reasons.

“Are there real, pressing threats to the security of Greenland from China and Russia?” Coons said. “No, not today.”

READ MORE: With Shutdown Looming and Crises Growing Trump Heads Off for Long Mar-a-Lago Weekend

 

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Trump Dangles Another Insurrection Act Threat for Minnesota

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Just one day after threatening to invoke the Insurrection Act in Minnesota, which would allow him to unleash domestic military forces onto American streets, President Donald Trump once again on Friday hinted he would do so while suggesting he may be “forced” to take action.

Trump targeted Governor Tim Walz and Minneapolis Mayor Jacob Frey, both Democrats, claiming they “don’t know what to do” after he deployed roughly 3,000 federal troops to the city.

“In Minnesota,” Trump wrote on Truth Social, “the Troublemakers, Agitators, and Insurrectionists are, in many cases, highly paid professionals.”

“The Governor and Mayor don’t know what to do, they have totally lost control, and our currently being rendered, USELESS! If, and when, I am forced to act, it will be solved, QUICKLY and EFFECTIVELY!”

The Guardian labeled Trump’s claims that protesters are paid as baseless.

Attorney Aaron Reichlin-Melnick wrote: “Note that the Trump admin hasn’t yet been able to produce evidence of a SINGLE ‘paid protestor.’ They’ve had total control of the FBI and the DOJ and ICE HSI and yet despite all of that, they can’t even find ONE person who they can accuse of being paid to protest.”

Separately, The Steady State, a group of over 365 former national security officials, while not referring to Trump’s remarks from Friday morning, noted that the Insurrection Act is “an extraordinary power meant for true emergencies, not a shield for unconstitutional policing. Using it to silence dissent or justify unlawful paramilitary activity at the hand of ICE undermines the rule of law.”

READ MORE: With Shutdown Looming and Crises Growing Trump Heads Off for Long Mar-a-Lago Weekend

 

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