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Federal Judge’s Missouri Pro-Marriage Ruling Takes Swipe At 6th Circuit Anti-Marriage Ruling

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It’s not unusual for one court to refer to another court’s rulings in similar cases. But a federal judge seems to be admonishing a higher court’s flawed ruling. Is he?

Today, federal Judge Ortrie D. Smith issued a ruling striking down Missouri’s ban on same-sex marriage. The ruling was not unusual – over 50 rulings in support of marriage for same-sex couples have been made since last year’s Supreme Court DOMA decision, and only a handful in opposition.

One ruling opposing same-sex marriage, or, more accurately, one ruling supporting the constitutionality of state bans on same-sex marriage came yesterday from the 6th Circuit Court of Appeals.

That ruling, which many consider flawed, is based in part on the opinion of Judge Jeffrey Sutton.

Judge Sutton yesterday claimed that “the people” know best and their decision on the rights of the minority should be respected.

When the courts do not let the people resolve new social issues like this one, they perpetuate the idea that the heroes in these change events are judges and lawyers. Better in this instance, we think, to allow change through the customary political processes, in which the people, gay and straight alike, become the heroes of their own stories by meeting each other not as adversaries in a court system but as fellow citizens seeking to resolve a new social issue in a fair-minded way.

It’s Judge Martha Craig Daughtrey‘s 6th Circuit dissent that so aptly frames that majority opinion of Judge Sutton.

She writes, “the majority treats both the issues and the litigants here as mere abstractions. Instead of recognizing the plaintiffs as persons, suffering actual harm as a result of being denied the right to marry where they reside or the right to have their valid marriages recognized there, my colleagues view the plaintiffs as social activists who have somehow stumbled into federal court, inadvisably, when they should be out campaigning to win ‘the hearts and minds’ of Michigan, Ohio, Kentucky, and Tennessee voters to their cause.”

Judge Daughtrey adds, “the majority sets up a false premise—that the question before us is “who should decide?”—and leads us through a largely irrelevant discourse on democracy and federalism.”

In short, she says, Judge Sutton is saying the will of the majority should be respected, not the will or rights of the minority.

Today, in what appears to be a rebuke of the higher court’s – of Judge Sutton’s ruling – is the ruling of Judge Ortrie D. Smith.

This is long but wholly worth reading:

“The Court does not take lightly a request to declare that a state law is unconstitutional,” Judge Smith writes. “Statutes are passed by the duly elected representatives of the people. Article I, section 33 constitutes the direct expression of the people’s will.”

It is not on a whim that the Court supplants the will of the voters or the decisions of the legislature. But it should not be forgotten that the Constitution is also an expression of the people’s will. Indeed, it is the paramount expression of the people’s will; it cannot easily be cast aside or circumvented by a vote of the citizens of a single state. 

[Bolding ours]

In other words, it seems Judge Smith is telling Judge Sutton, do your job.

Judge Smith continues:

Just as Missouri citizens cannot abridge the First Amendment by amending the Missouri Constitution, they cannot abridge the Fourteenth Amendment in that manner. As  Alexander Hamilton explained in describing the Constitution’s preeminent place in the rule of law: 

There is no position which depends on clearer principles than that every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. No legislative act, therefore, contrary to the Constitution, can be valid. To deny this would be to affirm that the deputy is greater than his principal; that the servant is above his master; that the representatives of the people are superior to the people themselves; that men acting by virtue of powers may do not only what their powers do not authorize, but what they forbid. 

The Federalist No. 78 (Alexander Hamilton). Later, Hamilton described the importance of the judiciary’s role in insuring the Constitution’s role as the preeminent law of the Nation, stating the judiciary’s role includes: 

guard[ing] the Constitution and the rights of individuals from the effects of those ill humors which the arts of designing men, or the influence of particular conjunctures, sometimes disseminate among the people themselves, and which, though they speedily give place to better information, and more deliberate reflection, have a tendency, in the meantime, to occasion dangerous innovations in the government, and serious oppressions of the minor party in the community. Id. It is the Court’s view that the provisions of this statute and this section of the Missouri Constitution contravene the United States Constitution. Having reached that conclusion, it is the Court’s obligation to give effect and force to the United States Constitution.

Pretty much a slap down, wouldn’t you say?

 

Image by StockMonkeys.com via Flickr

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‘Repercussions’: Democrats and Republicans Stand Against ‘Pro-Putin’ House GOP Faction

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April 18, 2024

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Some House Democrats and House Republicans are coming together toward a common opponent: far-right “pro-Putin” hardliners in the House Republican conference, who appear to be led by U.S. Rep. Marjorie Taylor Greene (R-GA).

Congresswoman Greene has been threatening to oust the Republican Speaker of the House, Mike Johnson. Last month she filed a “motion to vacate the chair.” If she chooses to call it up she could force a vote on the House floor to try to remove Speaker Johnson.

House Democrats say they are willing to vote against ousting Johnson, as long as the Speaker puts on the floor desperately needed and long-awaited legislation to fund aid to Ukraine and Israel. Johnson has refused to put the Ukraine aid bill on the floor for months, but after Iran attacked Israel Johnson switched gears. Almost all Democrats and a seemingly large number of Republicans want to pass the Ukraine and Israel aid packages.

RELATED: Marjorie Taylor Greene, ‘Putin’s Envoy’? Democrat’s Bills Mock Republican’s Actions

Forgoing the possibility of installing Democratic House Minority Leader Hakeem Jeffries as Speaker, which is conceivable given Johnson’s now one-vote majority, Democrats say if Johnson does the right thing, they will throw him their support.

“I think he’ll be in good shape,” to get Democrats to support him, if he puts the Ukraine aid bill on the floor, U.S. Rep. Raja Krishnamoorthi (D-IL) told CNN Thursday. “I would say that there’s a lot of support for the underlying bills. I think those are vital.”

“If these bills were delivered favorably, and the aid was favorably voted upon, and Marjorie Taylor Greene went up there with a motion to remove him, for instance, I think there’s gonna be a lot of Democrats that move to kill that motion,” Congressman Krishnamoorthi said. “They don’t want to see him getting punished for doing the right thing.”

“I think it is a very bad policy of the House to allow one individual such as Marjorie Taylor Greene, who is an arsonist to this House of Representatives,” U.S. Rep. Dan Goldman (D-NY) told CBS News’ Scott MacFarlane, when asked about intervening to save Johnson. He added he doesn’t want her “to have so much influence.”

U.S. Rep. Anthony D’Esposito, one of several Republicans who won their New York districts in 2022, districts that were previously held by Democrats, opposes Greene’s motion to vacate – although he praised the Georgia GOP congresswoman.

CNN’s Manu Raju reports Republicans “say it’s time to marginalize hardliners blocking [their] agenda.”

D’Esposito, speaking to Raju, called for “repercussions for those who completely alienate the will of the conference. The people gave us the majority because they wanted Republicans to govern.”

U.S. Rep. Mike Lawler, like D’Esposito is another New York Republican who won a previously Democratic seat in 2022. Lawler spoke out against the co-sponsor of Greene’s motion to vacate, U.S. Rep. Tim Massie (R-KY), along with two other House Republicans who are working to block the Ukraine aid bill via their powerful seats on the Rules Committee.

U.S. Rep. Mikie Sherrill (D-NJ), a former Navy pilot, blasted Congresswoman Greene.

RELATED: ‘They Want Russia to Win So Badly’: GOP Congressman Blasts Far-Right House Republicans

“Time is of the essence” for Ukraine, Rep. Sherrill told CNN Wednesday night. “The least we can do is support our Democratic allies, especially given what we know Putin to do. To watch a report and to think there are people like Marjorie Taylor Greene on the right that are pro-Putin? That are pro-Russia? It is really shocking.”

U.S. Rep. Dan Crenshaw (R-TX), as NCRM reported Thursday, had denounced Greene.

“I guess their reasoning is they want Russia to win so badly that they want to oust the Speaker over it,” he said, referring to the Ukraine aid bill Greene and her cohorts want to tank. “I mean that’s a strange position to take.”

The far-right hardliners are also causing chaos in the House.

“Things just got very heated on the House floor,” NBC News’ Julie Tsirkin reported earlier Thursday. “Group of hardliners were trying to pressure Johnson to only put Israel aid on the floor and hold Ukraine aid until the Senate passed HR2.”

HR2 is the House Republicans’ extremist anti-immigrant legislation that has n o chance of passage in the Senate nor would it be signed into law by President Biden.

“Johnson said he couldn’t do it, and [U.S. Rep. Derrick] Van Orden,” a far-right Republican from Wisconsin “called him ‘tubby’ and vowed to bring on the MTV [Motion to Vacate.]”

“No one in the group (Gaetz, Boebert, Burchett, Higgins, Donalds et al.) were threatening Johnson with an MTV,” Tsirkin added. “Van Orden seemed to escalate things dramatically…”

Despite Greene’s pro-Putin and anti-Ukraine positions, her falsehoods about “Ukrainian Nazis,” and Russians not slaughtering Ukrainian clergy, reporters continue to “swarm”:

Watch the videos above or at this link.

READ MORE: ‘Afraid and Intimidated’: Trump Trial Juror Targeted by Fox News Dismissed

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‘They Want Russia to Win So Badly’: GOP Congressman Blasts Far-Right House Republicans

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20 hours ago

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April 18, 2024

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A sitting Republican Congressman is harshly criticizing far-right House Republicans over their apparent support of Russia.

“I guess their reasoning is they want Russia to win so badly that they want to oust the Speaker over it. I mean that’s a strange position to take,” U.S. Rep. Dan Crenshaw, a three-term Texas Republican rated a hard-core conservative told CNN’s Manu Raju, in video posted Thursday. “I think they want to be in the minority too. I think that’s an obvious reality.”

Congressman Crenshaw was referring to the movement led by U.S. Rep. Marjorie Taylor Greene (R-GA), now joined by U.S. Rep. Thomas Massie (R-KY), over the Republican Speaker of the House Mike Johnson’s decision to finally put legislation on the floor to provide funding to Ukraine to support that sovereign nation in its fight against Russia.

“I’m still trying to process all the b*llsh*t,” Crenshaw added.

Crenshaw on Thursday also commented on Speaker Johnson’s remarks, stating he will hold the Ukraine funding vote regardless of attempts to oust him over it.

“To be clear, he’s being threatened for even allowing a vote to come to the floor. For allowing the constitutional process to play out as intended by our Founders. That’s a wild thing to consider, especially when his enemies consider themselves ‘conservative.’ Not conserving the painstaking constitutional process our Founders created, that’s for sure. Conserving Putin’s gains on the battlefield, more like it.”

Journalist Brian Beutler, a former editor-in-chief at Crooked Media, called it, “darkly funny to me that a pincer movement of MAGAns and leftists mock liberals for claiming the GOP works hand in glove with Russia, and then multiple conservative Republican dissenters are like ‘no it’s true, we’re lousy with Russian influence.'”

Watch Crenshaw’s remarks below or at this link.

READ MORE: Marjorie Taylor Greene, ‘Putin’s Envoy’? Democrat’s Bills Mock Republican’s Actions

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OPINION

Marjorie Taylor Greene, ‘Putin’s Envoy’? Democrat’s Bills Mock Republican’s Actions

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21 hours ago

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April 18, 2024

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For years U.S. Rep. Marjorie Taylor Greene (R-GA) has been called “Pro-Putin.” As far back as 2021, her first year as a member of Congress, the question had been raised on social media: “Is Marjorie Taylor Greene a Russian asset?”

In 2022 The Annenberg Public Policy Center’s FactCheck.org reported: “Marjorie Taylor Greene Parrots Russian Talking Point on Ukraine.”

Back then, as the article highlighted, Greene had said, “there is no doubt that [Russian President Vladimir] Putin’s actions in Ukraine are despicable and evil.”

Now, she promotes a far more favorable view of President Vladimir Putin and his illegal war against Ukraine, a sovereign nation which the Russian autocrat wants to incorporate – at least partly – into Russia.

Just last week Greene spread demonstrably false pro-Russia talking points about a “war on Christianity” while defending and promoting President Vladimir Putin.

READ MORE: ‘Afraid and Intimidated’: Trump Trial Juror Targeted by Fox News Dismissed

“This is a war on Christianity,” Greene told far-right propagandist Steve Bannon. “The Ukrainian government is attacking Christians, the Ukrainian government is executing priests. Russia is not doing that.”

That’s just plain false, as NCRM reported.

Largely in response to her strong opposition to the U.S. supporting Ukraine, and her spreading Russian disinformation and flat-out pro-Putin falsehoods, Greene’s fondness for Putin and Russia has been making headlines.

“Republicans Who Like Putin,” was the headline last month at The New York Times, which observed: “A few Republicans have gone so far as [to] speak about Ukraine and its president, Volodymyr Zelensky, in ways that mimic Russian propaganda. Representative Marjorie Taylor Greene has accused Ukraine of having ‘a Nazi army,’ echoing language Putin used to justify the invasion.”

“The Putin Republicans Have the Upper Hand” warned Washington Monthly‘s David Atkins on Wednesday, reporting on “conservative extremists led by Representative Marjorie Taylor Greene.”

“They admire the strongman as a Christian nationalist leader, and won’t support Ukraine. The global consequences of their besotted love affair with the Russian strongman could be cataclysmic.”

“Russia Is Buying Politicians in Europe. Is It Happening Here Too?” The New Republic‘s Alex Finley wrote last week. The photo at the top of the page? Marjorie Taylor Greene.

READ MORE: ‘Used by the Russians’: Moskowitz Mocks Comer’s Biden Impeachment Failure

Finley pointed to Greene’s interview with Bannon, “about Ukraine’s persecution of Christians, which is a Kremlin talking point aimed at boosting the pro-Moscow wing of Ukraine’s Orthodox Church. The U.S. should be spending money on the border with Mexico, not on Ukraine aid? That’s a Kremlin talking point. Russia invaded Ukraine to defend itself against an expanding NATO? That’s a Kremlin talking point. Call for a cease-fire, and give Russia Crimea and eastern Ukraine? That’s a Kremlin talking point.”

Rupert Murdoch’s New York Post last week ran this headline: “Rep. Marjorie Taylor Greene says she ‘seriously hates’ people who support sending more aid to Ukraine: ‘Most repulsive, disgusting thing happening’.”

Then there is Greene’s obsession with Nazis. Specifically, equating Ukrainians with Nazis, which she did several times over the past week, including on Wednesday. That earned her the condemnation and wrath of U.S. Rep. Jared Moskowitz (D-FL), who demanded: “Stop bringing up Nazis and Hitler.”

Wednesday night, Congressman Moskowitz, known for his use of humor and sarcasm to make his points, declared: “Just submitted an amendment to Bill drafting appointing MTG [Marjorie Taylor Greene] as Putin’s Special Envoy to the United States Congress.”

Moskowitz’s amendment was in response to Congresswoman Greene’s amendments requiring members to “conscript in the Ukrainian military” if they vote for the Ukraine military funding bill, as Juliegrace Brufke reported.

READ MORE: ‘Big Journalism Fail’: Mainstream Media Blasted Over Coverage of Historic Trump Trial

The Florida Democrat wasn’t joking, as Axios’ Andrew Solender pointed out Thursday morning.

Moskowitz did not stop there.

He drafted legislation on Thursday to name the Capitol Hill offices occupied by Congresswoman Greene after the British Prime Minister Neville Chamberlain, infamous for promoting appeasement in dealing with Adolf Hitler.

Chamberlain also signed the Munich Agreement, which allowed Hitler to annex part of Czechoslovakia.

See the social media posts above or at this link.

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