Thursday Open Thread
Welcome to the Thursday open thread. I’m still in Canada so I won’t be around very much at all. I know you’re all crying and sad that I’m not around. You all have to keep me in the know, so add some good links!
In California, closing arguments for the case to overturn Prop 8 (which outlawed same sex marriage) are occurring. This case is important because it will probably end up before the Supreme Court. The Prop 8 Trial Tracker summarizes the closing arguments for both sides. First, the pro-Prop 8 side (ban same sex marriage):
As Rick noted, Judge Walker spent much of the day trying to get a legally valid point to emerge from Cooper’s mouth. But, when it comes down to it, this is the heart of their case:
The legislative process involves setting priorities, making difficult decisions, making imperfect decisions, and approaching problems incrementally. That process is what is at work in this state.
And it’s at work elsewhere in this country. And as the court…said, there is a debate about the morals, the practicalities, and the wisdom of this issue that really goes to the nature of our culture. And the constitution should allow that debate to go forward among the people.In other words, what Cooper is arguing here is that despite how wrong Prop 8 might be, it should still stand. He has essentially given up on arguing that Prop 8 is actually accomplishing some valid purpose. Instead, he is relying on the “rational basis” test to argue that the state legislative authority allows Prop 8 as some sort of valid exercise because the state might have some sort of “channeling” power towards marriage. (Who exactly they are channeling remains an open question. Because, I’m pretty sure I will not be channeled anywhere.)
Basically we should just let legislators do whatever they want because they may have a reason. A big part of their argument is that marriage is for procreation but apparently the pro-Prop 8 team didn’t go down the logical pathways of arguing for a ban on the marriage of infertile people. Here is a summary of the anti-Prop 8 case (legalize same sex marriage):
Trouble is that, quite simply, it is not a rational basis. I don’t think I can say it any better than Ted Olson:
So how does preventing same-sex couples from getting married advance the interest or protect the interest of procreation? They are not a threat to us. What is one single bit of evidence if you accept the channeling function if you accept the right that the State of California has the right to do that and I do not this is an individual constitutional right and every Supreme Court decision says it’s the right of the person. It’s not the right of the State of California to channel us into certain activities or in a certain way.
Georgia Senator Johnny Isakson insults the intelligence of Nevada voters:
Via ThinkProgress: Yesterday, after Nevada Senate candidate Sharron Angle met with Senate Republicans for the first time, Sen. Johnny Isakson (R-GA) commented to Fox News on her performance.
“She did a good job. She’s an articulate lady,” Isakson said. “This was an introduction. It wasn’t the kind of speech you would give to the unwashed back home. She was talking to her colleagues.”
So is Angle telling Senate Republicans that she didn’t really mean it when she threatened armed insurrection if she lost the election? I think the voters of Nevada deserve to know what Angle says privately to Republican Senators that she won’t say publicly to Nevada voters.
Tags: Open Thread
Staffy draws the short straw, has to write the latest hit piece on Christine O’Donnell. Fortunately for him he has plenty of material to work with. But Christine has the Protackian ability to shrug off exposure of massive failure and keep on running.
The Castle machine seems pissed they might actually have to duck debates and face a primary.
The way hit pieces work, they are supposed to reveal information that alienates your supporters from your candidacy. But what the establishment forgets is candidates like Protack and O’Donnell don’t have any supporters to be alienated. Thus, the Teflon.
For the first time in my life, today I am wearing corrective lenses (progressive bifocals) and it’s nothing but a journey in sea sickness adjusting to them. Get me off this ride. On the flip side, I have no appetite for lunch, so weight loss, here I come!
Just to get it off my chest, a good friend of mine and his wife put to rest their only child today, who would have turned 32, also today. He is facing Father’s Day this Sunday as well. I can not imagine the loss of a child, let alone an only child. My buddy has always been a kind of kid-like personality, not immature, but always finding a way to make just about anything uplifting or funny and I do mean anything. To see him (understandably) destroyed is in itself crushing. By you reading this, you effectively think of him and that’s all I ask. Good, supportive thoughts in what has to be one of the most irresolvable experiences a person can ever handle.
If Castle wins in Nov., will Delaware be without a Representative in the House for 1 1/2 months? Kaufman’s “interim” term expires – by 17th Amend. and DE statute – at the time of the election. The term for the person “elected” to fill out the remainder of Biden’s term would begin at the time of the election certification. Given that, Castle would presumably resign his House seat to take the “early” Senate seat (which begins upon election, not Jan. 2011). This would leave a vacancy in the House seat and under both the fed. Constitution and state law, such House vacancy can only be filed by a special election – not any gubenatorial appointment. Unless Markell would call for an election in mid-Nov. or Dec., the House seat would presumably sit open until the time when the new term begins for whoever is elected to the House – Jan., 2011.
I’m so sorry R. I was with my friend (since pre-school) when she became a widow on Sunday. We are 26. So was he. He fought so unbelieveably hard. Fuck leukemia.
My heart aches for you and your friend, Smitty. As always, if there’s anything I can do…
Thanks V and P. While I am immensely sad for my friend, it is he and his wife that I want all thoughtful energy upon. My foundation is strong, theirs has been severely rocked.
V – I am so sorry to read that. Losing a spouse has to be as close as can be to losing a child, something else I just can’t imagine. I feel for your friend as I do mine.
Her much hyped victory in the Democratic Primary runoff behind her, Senator Blanche Lincoln (D-Arkansas) is being crushed by her general election Republican opponent according to the most recent poll (Rasmussen).
Representative John Boozman (R-Arkansas) is leading Senator Lincoln by a staggering 29 points (61% to 32% of likely voters) with just 3% still undecided.