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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsJohn Roberts Takes A Swipe At Obama Over DOMA
John Roberts Takes A Swipe At Obama Over DOMA
Sahil Kapur
Chief Justice John Roberts took a swipe at President Obama during oral arguments Wednesday, arguing that the president should stop executing the parts of the Defense of Marriage Act he deems unconstitutional rather than relying on the courts to pave the way.
If he has made a determination that executing the law by enforcing the terms is unconstitutional, I dont see why he doesnt have the courage of his convictions, Roberts said of Obama, and execute not only the statute, but do it consistent with his view of the Constitution, rather than saying, oh, well wait till the Supreme Court tells us we have no choice.
In response, Vicki Jackson, the lawyer appointed by the Supreme Court to argue that the court lacks standing to hear the case, responded that its a hard question given that the constitutional questions turn on what relief the injured parties are seeking.
The case was unusual in that the Obama administration, after initially defending the law, switched sides in 2011 and began pushing the Supreme Court to overturn it, concluding that it was discriminatory and unconstitutional. As a result, the House Republican majority took the reins and hired counsel to defend it in court. Meanwhile, the Justice Department said it would continue to enforce the law until the courts reach a decision as to its validity.
- more -
http://tpmdc.talkingpointsmemo.com/2013/03/john-roberts-swipes-obama-doma.php
Sahil Kapur
Chief Justice John Roberts took a swipe at President Obama during oral arguments Wednesday, arguing that the president should stop executing the parts of the Defense of Marriage Act he deems unconstitutional rather than relying on the courts to pave the way.
If he has made a determination that executing the law by enforcing the terms is unconstitutional, I dont see why he doesnt have the courage of his convictions, Roberts said of Obama, and execute not only the statute, but do it consistent with his view of the Constitution, rather than saying, oh, well wait till the Supreme Court tells us we have no choice.
In response, Vicki Jackson, the lawyer appointed by the Supreme Court to argue that the court lacks standing to hear the case, responded that its a hard question given that the constitutional questions turn on what relief the injured parties are seeking.
The case was unusual in that the Obama administration, after initially defending the law, switched sides in 2011 and began pushing the Supreme Court to overturn it, concluding that it was discriminatory and unconstitutional. As a result, the House Republican majority took the reins and hired counsel to defend it in court. Meanwhile, the Justice Department said it would continue to enforce the law until the courts reach a decision as to its validity.
- more -
http://tpmdc.talkingpointsmemo.com/2013/03/john-roberts-swipes-obama-doma.php
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John Roberts Takes A Swipe At Obama Over DOMA (Original Post)
ProSense
Mar 2013
OP
I see Roberts' being pissed because Pres. Obama is forcing them to make a decision
justiceischeap
Mar 2013
#7
Cha
(297,513 posts)1. Sounds like they're whining..
COLGATE4
(14,732 posts)2. Yep. That way the Repukes can bitch about Obama only
enforcing the parts of the law with which he agrees, and whining that 'he should leave it to the Courts'. Typical Repuke 'heads I win, tails you lose'.
66 dmhlt
(1,941 posts)3. From the comments ...
So, if Chief Justice Roberts is proposing that Presidents are the arbiters of Constitutionality, then why do we need a Supreme Court?
ieoeja
(9,748 posts)4. Roberts understands something the "Obama hates Gays" crowd does not.
Had Obama stopped enforcing the law, this woman's case would have never made it to the US Supreme Court. She can not sue if she is not harmed. And she is not (legally) harmed if the law is not enforced.
So Obama could have gotten rid of the law very easily. Temporarily.
Then it would have been reapplied, with no chance to fight to stop it from being reapplied, after the next presidential election.
We would need a new test case.
Spend several years and lots of money fighting it all the way up through the courts.
From scratch.
Hoping to make it to the US Supreme Court before a Democrat was elected who decided to stop enforcing it again. Temporarily.
Then it would have been reapplied, with no chance....
That is why Roberts is complaining.
markpkessinger
(8,401 posts)8. Bingo! n/t
11 Bravo
(23,926 posts)5. And the very fucking instant that this President ceased to enforce a law ...
because he, on his own, deemed it to be unconstitutional, impeachment proceedings would begin! Fuck you, Johnny Applecheeks!
treestar
(82,383 posts)6. This from the highest jurist in the land
Bad choice for Chief Justice, or any judgeship at all if that's how he thinks the Executive should act. Every time we change President's we have to figure out a different view of the law that way.
justiceischeap
(14,040 posts)7. I see Roberts' being pissed because Pres. Obama is forcing them to make a decision
that will stand beyond his presidency.