Feb 7
An indelicate gesture commented on Conservative Pro-Gun "Sandy Hook Dad" Not Really a Sandy Hook Dad.
Nov 5, 2012
An indelicate gesture commented on Nate Silver: "Did Hurricane Sandy Blow Romney Off Course?".
@6
Just as much, I think it's an attempt to create a narrative that this election was stolen by the "Chicago machine" for the purpose of de-legitimizing Obama's second term.
It's setting the stage for election birtherism. And it's going to be supported by numerous citations to the real, un-skewed polling, and the electoral map that Glenn Beck trumpeted. And they'll say that 538 and all the other polls are biased and were in on the conspiracy to cover up Obama's shenanigans.
They will never stop trying to create the narrative that Obama is illegitimate, which will justify the lack of compromise from Republicans for the next four years.
Just as much, I think it's an attempt to create a narrative that this election was stolen by the "Chicago machine" for the purpose of de-legitimizing Obama's second term.
It's setting the stage for election birtherism. And it's going to be supported by numerous citations to the real, un-skewed polling, and the electoral map that Glenn Beck trumpeted. And they'll say that 538 and all the other polls are biased and were in on the conspiracy to cover up Obama's shenanigans.
They will never stop trying to create the narrative that Obama is illegitimate, which will justify the lack of compromise from Republicans for the next four years.
Feb 22, 2012
An indelicate gesture commented on Have You Gayed Your Dead Mormon Today?.
@9:
... and now he's gay!
You're welcome.
... and now he's gay!
You're welcome.
Feb 7, 2012
An indelicate gesture commented on Ninth Circuit Finds Prop 8 Unconstitutional.
@26: the appeals court can find a statute unconstitutional for the same reason the district court did or for any other reason it wants.
I can't remember what, if anything, Judge Walker did with the Romer argument that Prop 8 lacked rational basis to a legit governmental purpose, and was consequently enacted only for illegitimate purposes. But I'm sure it was raised to him as an argument in the alternative by the Plantiffs.
He may have said that it failed equal protection analysis on this basis as well as failing on other E-P grounds and on due process grounds as well. District courts do that sometimes so that an appeals court could disagree with them on one analysis and still uphold the decision overall.
The appeals court (and courts generally) look to decide issues on the narrowest ground. In this case, it's the e-p analysis that Prop 8, based on the facts present in CA (and CA only), was unconstitutional because it was rationally related to a legitimate governmental purpose, because its sole purpose was "taking way" pre-existing rights to a specific minority.
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I can't remember what, if anything, Judge Walker did with the Romer argument that Prop 8 lacked rational basis to a legit governmental purpose, and was consequently enacted only for illegitimate purposes. But I'm sure it was raised to him as an argument in the alternative by the Plantiffs.
He may have said that it failed equal protection analysis on this basis as well as failing on other E-P grounds and on due process grounds as well. District courts do that sometimes so that an appeals court could disagree with them on one analysis and still uphold the decision overall.
The appeals court (and courts generally) look to decide issues on the narrowest ground. In this case, it's the e-p analysis that Prop 8, based on the facts present in CA (and CA only), was unconstitutional because it was rationally related to a legitimate governmental purpose, because its sole purpose was "taking way" pre-existing rights to a specific minority.
Feb 7, 2012
An indelicate gesture commented on Ninth Circuit Finds Prop 8 Unconstitutional.
@19: You're right. But the broader point remains: it was in force and enacted prior to being amended by a later initiative. That's different from a pre-enactment referendum that approves or rejects a law passed by the Legislature.
As the court says: Prop 8 amounted to a "taking away" of existing rights to a minority group, for illegitimate purposes, and that's a different equal-protection claim than a failed-to-grant-equal-rights-in-the-first-place claim.
As the court says: Prop 8 amounted to a "taking away" of existing rights to a minority group, for illegitimate purposes, and that's a different equal-protection claim than a failed-to-grant-equal-rights-in-the-first-place claim.
Feb 7, 2012
An indelicate gesture commented on Ninth Circuit Finds Prop 8 Unconstitutional.
@12:
Not quite. In WA, the referendum process stays enactment of the statutes. So, the equality bill will not become law (and no marriages will performed under the law) until the referendum process concludes. That's either 90 days after the session ends, if the referendum petition lacks the required number of signatures, or after the referendum loses in an election.
In CA, the law was passed and enacted. Marriages were granted. It was only a later initiative that amended the existing law to prohibit equal marriages.
So, to be analogous: if the referendum fails (either lack of signatures or loss at the election) and the law goes into effect, this ruling would likely prevent any future initiatives that sought to amend the equality statute.
Not quite. In WA, the referendum process stays enactment of the statutes. So, the equality bill will not become law (and no marriages will performed under the law) until the referendum process concludes. That's either 90 days after the session ends, if the referendum petition lacks the required number of signatures, or after the referendum loses in an election.
In CA, the law was passed and enacted. Marriages were granted. It was only a later initiative that amended the existing law to prohibit equal marriages.
So, to be analogous: if the referendum fails (either lack of signatures or loss at the election) and the law goes into effect, this ruling would likely prevent any future initiatives that sought to amend the equality statute.
Jan 10, 2012
An indelicate gesture commented on As a Devotee of Fnarf, MacCrocodile, and Catalina Vel-Duray....
@69:
Don't forget the greenspace!
100-story towers can't solve all of society's urban design problems without plenty of greenspace.
Don't forget the greenspace!
100-story towers can't solve all of society's urban design problems without plenty of greenspace.
Jan 7, 2012
An indelicate gesture commented on Gingrich SuperPAC to Release 27-Minute Documentary on Mitt Romney.
@10:
You want consensus? Try this:
Step 1: Ask Obama whether it is 27 or 30 minutes long.
Step 2: Wait for the entire Republican establishment to trip over themselves arguing, in unison, that not only is the other answer correct, but anybody who would come up with the answer that Obama did is not only un-American and godless, but wants nothing more than to actively both America and god.
And there's your consensus.
You want consensus? Try this:
Step 1: Ask Obama whether it is 27 or 30 minutes long.
Step 2: Wait for the entire Republican establishment to trip over themselves arguing, in unison, that not only is the other answer correct, but anybody who would come up with the answer that Obama did is not only un-American and godless, but wants nothing more than to actively both America and god.
And there's your consensus.
Dec 22, 2011
An indelicate gesture commented on Deep Thought.
"We are what we pretend to be, so we must be careful about what we pretend to be."
-Kurt Vonnegut, Jr.
-Kurt Vonnegut, Jr.
Nov 14, 2011
An indelicate gesture joined My Stranger Face
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It's a working group of the Connecticut state legislature. (According to Google Maps, it's about 341 miles away from Congress.)