“Jurisdiction-Stripping”: Roy “Ten Commandments” Moore Is Back With His Constitution-Defying Tricks
Roy Moore, Chief Justice of the Alabama Supreme Court, best known for his flouting of the Establishment Clause for refusing, in 2003, to remove a 2.6 ton Ten Commandments monument from the Supreme Court building, is now questioning the jurisdiction of federal courts to decide the constitutionality of same-sex marriage bans.
After Moore was removed from the bench in that same year, he ran for governor several times and flirted with running for president. He won reelection to the Alabama high court in 2012.
Writing to Alabama Governor Robert Bentley today, Moore complains that last week’s federal court ruling striking down Alabama’s ban on same-sex marriage “has raised serious, legitimate concerns about the propriety of federal court jurisdiction over the Alabama Sanctity of Marriage Amendment.” In the letter, Moore warns that local clerks who issue marriage licenses to same-sex couples will be “in defiance of the laws and Constitution of Alabama.”
Moore is attempting to argue for jurisdiction-stripping, a maneuver to deprive a federal court (despite what is required in the Constitution itself) of the ability to decide questions of federal Constitutional law. Moore, of course, cannot do this unilaterally; like his Ten Commandments stunt, he would be in defiance of the federal Constitution with his antics. All his efforts, and all his appeals to religion, can’t change the simple fact that under the Constitution, federal courts, not state courts, decide matters of federal constitutional law.
But Moore believes the Bible trumps the Constitution (or at least his version of the Bible). As Julie Ingersoll has observed, “Moore’s underlying philosophy of law is that only God and the Bible can be the source of moral authority.”
This wouldn’t be the first time that Moore has attempted (utterly unsuccessfully, I might add) to shut down a federal court’s constitutionally-granted jurisdiction and authority over constitutional matters, as I noted in 2011:
After Moore was stripped of his judgeship for defying a federal court order to remove his monument, [his lawyer, Herb] Titus drafted the Constitution Restoration Act, which would have deprived federal courts of jurisdiction in cases challenging a government entity’s or official’s “acknowledgment of God as the sovereign source of law, liberty, or government.” The bill, which did not pass, nonetheless had nine Senate co-sponsors and 50 House co-sponsors; including House Majority Leader Eric Cantor, Bobby Jindal, now the governor of Louisiana, Nathan Deal, now the governor of Georgia, and Mike Pence, a conservative hero who’s now running for governor of Indiana.
Moore argues in his letter to Bentley today that “The laws of this state have always recognized the Biblical admonition stated by our Lord,” citing Mark 10:6-9 (“But from the beginning of creation God made them male and female. . . What therefore God hath joined together let not man put asunder.”)
When others, like Mike Huckabee, speak loosely of the Supreme Court lacking the authority to decide whether same-sex marriage bans violate the Constitution, it stems from the ideology of Moore and his ilk: that despite what the Constitution says, the Bible comes first. Something tells me, though, Moore’s new stunt won’t fare much better than his last.
By: Sarah Posner, Religion Dispatches, January 27, 2015
“Praise God And Bash The Gays”: More Hate On The Way. Oh, Joy
This past week, I read that “social conservatives” will attempt to reinvigorate their anti-gay campaign for the 2016 presidential race. Briefly, I succumbed to the old response of bracing myself.
More hate on the way. Oh, joy.
James Hohmann, writing for Politico from Des Moines, Iowa: “The U.S. Supreme Court is poised to rule on gay marriage once and for all in June, and there are many Republicans who privately would love nothing more than to have the question settled and off the table in time for the 2016 presidential election.
“It’s not going to happen. Social conservatives here are determined to keep the issue alive during the run-up to next February’s Republican caucuses, no matter how the high court rules or how much some establishment figures would like to move on.”
Such a curious term, “social conservative,” when there is nothing cordial or hospitable in wielding God as a political two-by-four in the fight to deny basic human rights — in this case, the right to marry.
Same-sex marriage is now legal in 36 states and the District of Columbia. I live in one of the holdouts, Ohio. I’m not proud of that, but I can say it out loud without the usual spine rattle because I’m confident that on this issue, the bigots’ days are numbered from sea to shining sea. You can tell by the desperate, ridiculous things they’re saying lately, particularly in Iowa.
My favorite quotation so far came out of Mike Huckabee, who showed up last week at Iowa’s conservative summit. Rep. Steve King organized the gathering. His most famous contribution to public discourse is his 2013 description of immigrants as dealers dragging their drugs across the desert with “calves the size of cantaloupes.”
Not to change the subject, but I’ve always wondered why the congressman was spending so much time looking at those guys’ legs. It’s the kind of thing that makes you go “hmm.”
Anyway, back to Huckabee. He likened laws allowing gay people to marry to the U.S. Supreme Court’s racist 1857 Dred Scott decision, which said that no black person, free or enslaved, could become an American citizen.
And this, Huckabee argued, is why gays can’t marry.
“Nobody argues that Abraham Lincoln should have abided by the Dred Scott decision,” Huckabee said. “We recognize that he had the courage to realize that he didn’t have to enforce something that was morally wrong.”
If you think you should be able to figure out how Huckabee managed to connect those dots, you’re in for an even longer Republican presidential primary than the rest of us. Don’t try to make sense of this stuff.
I’m making light of this only because for too long, I was angry with people like Huckabee and didn’t like what it did to me. More to the point, I didn’t like how I was letting their nonsense whittle down faith. For a while there, I was reluctant to say I was Christian for fear that someone might think I was one of them. In my worst moments, I began to wonder where God fit into all of this.
I used to resent fundamentalists for this internal crisis of mine, but now I thank them. I hear them saying stupid things about gay people they’ve never met and feel the tug of my Christian roots, which taught me that faith is a riverbed where hope bubbles up and carries us along.
One of my favorite books is a collection of sermon excerpts by the late Rev. William Sloane Coffin. That man was a Christian willing to take on his own people.
“It is not Scripture that creates hostility to homosexuality,” he wrote, “but rather hostility to homosexuals that prompts some Christians to recite a few sentences from Paul and retain passages from an otherwise discarded Old Testament law code.
“In abolishing slavery and in ordaining women we’ve gone beyond biblical literalism. It’s time we did the same with gays and lesbians. The problem is not how to reconcile homosexuality with scriptural passages that condemn it, but rather how to reconcile the rejection and punishment of homosexuals with the love of Christ. It can’t be done.”
It can’t be done, he said.
Let justice flow like a mighty river.
By: Connie Schultz, Pulitzer Prize-Winning Columnist and an Essayist for Parade Magazine; The National Memo, January 29, 2015
“Under the Dome”: How The Conservative Media Are Keeping The GOP From Moving Past The Same-Sex Marriage Debate
Over the weekend, former Arkansas governor Mike Huckabee issued a call to arms to conservatives not to give up the fight against same-sex marriage, based on his bizarre belief that no decision of the Supreme Court has the force of law unless Congress passes legislation to confirm it. Because of that, Huckabee says, the fight can continue unhindered no matter what the court does. “I’m utterly disgusted with fellow Republicans who want to walk away from the issue of judicial supremacy just because it’s politically volatile,” he said. “Here’s my advice: Grow a spine!” Huckabee’s legal analysis may be idiosyncratic (to put it kindly), but his position — that this isn’t a fight conservatives should abandon just because they’ve nearly lost it — is one with plenty of purchase among the Republican faithful. And he’s hardly the only one with a media pulpit from which to preach it. In fact, the division within the GOP has a parallel in the conservative media. The presence of hard-liners (or dead-enders, if you prefer) like Huckabee is going to make it all the more difficult and painful for the party to evolve in the way its more sober strategists know it must.
Conservatives worked very hard over a period of decades to build up their own media to serve as an alternative and a counterweight to a mainstream press they saw as biased against them. This project was spectacularly successful, particularly with the explosion of right-wing talk radio in the 1980s and early 1990s, and the launch of Fox News in 1996. It wasn’t until the last couple of years that people began questioning whether it was doing the movement more harm than good by encasing conservatives in a self-reinforcing bubble from which it became increasingly difficult to see the outside world clearly.
Just as there are divisions within the GOP, there are divisions within the conservative media. And just as the party’s conservatives make it hard to make strategically necessary shifts — or simply avoid moving too far to the right — the continued power of hard-line media figures can keep the party from modernizing.
Since 2012, Republicans have been fretting about how they can “reach out” to minority groups, particularly Latinos, in order to widen their appeal beyond the older white folks who are the core of the party. The trouble is that it’s hard to reach out when elected officials within your party keep loudly proclaiming their anti-immigrant views. The same is true on gay marriage. The party’s national strategists would like nothing better than for the issue to go away. They know that the policy outcome is inevitable and public opinion is not turning back, so there’s little point in mounting some kind of rear-guard action against it, one that will only make the party look outdated and out of touch. But as Greg and I both pointed out last week, potential future presidential candidate Ted Cruz is going to force a debate on it in 2016 whether other Republicans like it or not.
Some parts of the conservative media will do the same thing. Eric Boehlert of Media Matters observes that in most of its programming, Fox News has all but stopped talking about same-sex marriage. But that’s not going to silence Huckabee (whose show runs on Fox on the weekends), or Rush Limbaugh, or many of the other radio hosts with huge audiences. As long as they press the issue, the Republican base will still demand that candidates proclaim their objections to the changes taking place in the country, and the harder it remains for the party to move past its vehement opposition to marriage equality. Everyone knows that evolution will have to take place eventually, but the conservative media have the power to make the transition inordinately painful.
Fox’s abdication of the marriage issue demonstrates that the network functions as the semi-official organ of the Republican Party. Roger Ailes may be in business to make money, but he won’t do so in ways that harm the interests of the GOP. The same, however, can’t be said of everyone with a large conservative audience. On a whole range of domestic issues, from immigration to marriage equality to reproductive rights, they’re going to continue pulling the party to the right even when it has to turn back to the center or risk electoral disaster (like, say, the election of a certain former secretary of state to the White House). Conservative media have been great at keeping the rabble angry and excited, getting them to the polls and getting them to open their wallets. But when the party needs to take a cold hard look at reality and evolve or get left behind, the same media are going to be an albatross holding it back.
By: Paul Waldman, Contributing Editor, The American Prospect; The Plum Line, The Washington Post, October 13, 2014
“Falling Off A Right-Wing Cliff”: Mike Huckabee Threatens GOP Over Marriage
The right wasn’t pleased when the Supreme Court indirectly cleared the way for marriage equality in several states this week, but some conservatives took the news worse than others. For example, take Fox News’ Mike Huckabee, a former preacher, governor, and presidential candidate.
Huckabee declared this week that any Supreme Court decision is just an “opinion” until Congress passes “enabling legislation” signed by the president. High court rulings, he added, are “not the ‘law of the land’ as is often heralded.”
None of this is even remotely accurate, but the comments were the latest evidence of Huckabee falling off a right-wing cliff. The Republican also said this week that Americans should doubt U.S. officials giving the public information about Ebola because of Benghazi.
And in case that weren’t quite enough, Huckabee also this week threatened to leave the Republican Party for being insufficiently anti-gay.
One guest on the program was Mike Huckabee, who began his interview by threatening to leave the Republican Party if the GOP does not take a stand against the Supreme Court’s decision yesterday not to hear appeals of lower court rulings striking down gay marriage bans in several states.
Incensed by the decision, Huckabee declared that “I am utterly exasperated with Republicans and the so-called leadership of the Republicans who have abdicated on this issue,” warning that by doing so the GOP will “guarantee they’re going to lose every election in the future.”
The former governor added that the GOP might lose “guys like me and a whole bunch of still God-fearing, Bible-believing people” unless they become more aggressive in fighting a right-wing culture war against marriage equality and reproductive rights.
Huckabee went on to say he’s prepared to “become an independent,” adding, “I’m gone…. I’m tired of this.”
At a certain level, this isn’t entirely new. Over the course of the last 20 years, I’ve lost count of how many times prominent social conservatives and leaders of the religious right movement have threatened to leave the Republican Party en masse for not going far enough in fighting the culture war. There’s never been any follow-through, at least not to any meaningful degree.
That said, Ed Kilgore raised a good point: “[I]t’s not unusual for pols associated with the Christian Right to suggest their foot soldiers are going to get discouraged at being played for suckers by the Republican Establishment, and might stay home or stray. But Huck’s making a personal statement about his own threat to book if the GOP doesn’t conspicuously get back on the traditional marriage train. And he’s saying it via the homophobic obsessives of the AFA, who can be sure to broadcast it near and far.”
Republican officials usually ignore such threats, confident that when push comes to shove, right-wing culture warriors will stay with the GOP to prevent Democratic victories.
Still, Huckabee’s ultimatum reinforces a Republican Party with an awkward dilemma. If the GOP quietly moves towards the mainstream on social issues, it alienates a significant part of the party’s base. If Republicans toe the far-right line on the culture war, the GOP will continue to shrink, pushing away younger voters and a mainstream that’s increasingly respectful of diversity.
To be sure, this has long been a challenge for Republicans, but with the party’s demographic challenges becoming more acute, and far-right voices like Huckabee’s growing louder, GOP leaders are left with no good options. Is it any wonder Republicans responded to news from the Supreme Court this week with near-total silence?
By: Steve Benen, The Maddow Blog, October 10, 2014
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