Tuesday, May 26, 2009

Action on the Court

OK, I'm not talking about the French Open here. But, obviously big doings in legal courts.

First, Obama appointed Sonia Sotomayor to sit on the Supreme Court. When I heard it, my first thought was, "Oh, she's the federal judge that ruled against the owners which led to the end of the baseball strike." Let's be clear about one thing: She is a lock to get through Senate confirmation. First, the elephants don't have the votes to filibuster. Even if Franken's not seated (denying the donks their 60th vote), I can't see the republican moderates, particularly Olympia Snowe and Susan Collins, blocking a vote on her, even if they decide to vote against her.

There will be some picking at her speeches and maybe some rulings, but unless she hasn't paid nanny taxes or something she'll have a new work address by October. My concern about her, and all of the Supremes, isn't what she wrote about a particular case or mused in a law review article. Rather, does her interpretation of the constitution tend to give the federal government more or less power? Given how much power Obama has given to the federal government on economic matters (did you know that you and I will own about 70% of GM after its bankruptcy is final?), I fear that Ms. Sotomayor is cut from the same cloth.

Closer to home, the California supreme court decided to play Solomon, sort of, on the issue of homosexuals being allowed to marry. First, they decided that the Prop 8, which changed the CA constitution to disallow the practice of homosexuals getting married, was legit. At the same time, the court ruled that the 18,000 or so same sex couples that got married in the time between the court saying it was OK and the voters saying that it's not are still officially married. So, we have an island of gay/lesbian married couples insides a matrimonial fish bowl.

I think this goofy set of cirucumstances will be moot as I'm sure yet another initiative will be put on the ballot next go around. Demographics (older people tend not to support gay rights) and the public tide are against those who want to deny this right to others.

I have mixed feelings about the court's ruling. On one hand, a basic tenet of democracy is that the will of the people shall be followed. There was no fraud in the Prop 8 vote. Also, gay/lesbian couples in California have, as far as I know, every legal right as straight couples when it comes to property ownership, adoption, insurance, etc. So, in a sense it's a fight over semantics.

On the other hand, separate is never equal. Also, it sickens me that the state I love voted to take rights away from people. Shit, California used to lead the way in this department. I hope that I'm right about this being moot soon.

One more political note. I took the Political Irony link off of the side bar. When I first started reading it there was some balance to it. Now, all it does is take shots at republicans. As if there's no sickening political irony on the democratic side.

In family news, my m-i-l is on the 24-48 hour death watch. My wife tells me that her breathing is very slow (from the morphine). She also said that she looks 30 years younger without all of the worry lines in her face. Take that as you will.

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