Robicheaux v. Caldwell

The Bobby Jindal Show (Fun Time Sneak Leak Preview)

Republican Governor of Louisiana Bobby Jindal speaks at the Iowa Faith and Freedom Coalition's forum in Waukee, Iowa, April 25, 2015. (Photo by Jim Young/Reuters)

“If we want to save some money, let’s just get rid of the court.”

Gov. Bobby Jindal (R-LA)

Sometimes the question of where to start is not so easily resolved. The essential point to remember is that Louisiana Gov. Bobby Jindal, perhaps hoping to impress conservative voters as he prepares a 2016 Republican presidential nomination bid, has seemingly run out of room to maneuver against marriage equality. Yesterday’s ruling in the Fifth Circuit Court of Appeals was the third, and yet Mr. Jindal still desperately seeks to delay:

But while Gov. Bobby Jindal’s administration previously had said it was waiting on that 5th Circuit Court of Appeals ruling before recognizing same-sex marriages, top state officials dug in their heels Wednesday and said they wouldn’t change course until a district court orders them to do so.

That only widens the gap between the administration and the reality on the ground across the state. Clerks or other officials in nearly all parishes have now said they will issue licenses to same-sex couples, even as Jindal administration officials continue to tell state agencies to hold off on accepting them as valid.

The administration’s delay in accepting the Supreme Court’s ruling may be behind another point of conflict that cropped up on Wednesday as members of newly married same-sex couples seeking to change the name on their driver’s licenses to reflect their union found their efforts thwarted by the Office of Motor Vehicles.

The ruling by a three-judge panel of the 5th Circuit appeared to address the administration’s stalling.

The Supreme Court’s ruling is “the law of the land and, consequently, the law of this circuit and should not be taken lightly by actors within the jurisdiction of this court,” the ruling said.

“We express no view on how controversies involving the intersection of these rights should be resolved but instead leave that to the robust operation of our system of laws and the good faith of those who are impacted by them.”

The panel then ordered district judges who have overseen cases involving same-sex marriage, including U.S. District Judge Martin Feldman in New Orleans, to issue final judgments in their cases legalizing and recognizing same-sex marriage by July 17.

Normally that ruling, and any judgments that come from the lower courts, would be largely procedural measures now that the Supreme Court has decided the issue. And, indeed, that’s how they have been treated in most of the country, where clerks began issuing licenses immediately after Friday’s ruling.

But Jindal administration officials have said they won’t comply until forced to do so. While they initially pointed to the 5th Circuit’s decision as the event that would fully grant gay marriage rights in Louisiana, they changed course after the ruling was handed down and said they would continue to follow the state constitution’s ban on same-sex marriages until forced to do so by a lower court.

(Adelson and Shuler)

So, yeah. That’s what is going on in Louisiana. And, you know, there comes a point where this isn’t about anything else than sheer petulant malice.

Or, as Bobby Jindal is wont to call it, leadership.

____________________

Image note: Republican Governor of Louisiana Bobby Jindal speaks at the Iowa Faith and Freedom Coalition’s forum in Waukee, Iowa, April 25, 2015. (Photo by Jim Young/Reuters)

Hensch, Mark. “Jindal: ‘Let’s just get rid of the court'”. The Hill. 26 June 2015.

Adelson, Jeff and Marsha Shuler. “5th Circuit Court tells Louisiana to recognize same-sex marriages; Jindal administration still balks”. The Advocate. 2 July 2015.

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¡Godzilla! Oh, Wait … It’s Just Marriage Equality

Justice is blind ... just kidding.  No, really, did you read the Sixth Circuit ruling?  Jaded eyes, jaded eyes ....

And then there is this:

Today, November 19, U.S. District Court Judge Brian Morris ruled in favor of the freedom to marry in Montana, striking down the ban on marriage between same-sex couples in the state.Marriage Moves Forward in Montana!

The ruling is set to take effect “immediately,” the judge ruled, meaning that same-sex couples in Montana should be free to marry now.

The Attorney General said shortly after the decision that he will appeal the decision to the 9th Circuit Court of Appeals. The Attorney General could also seek a stay from Judge Morris, but as we’ve seen time and again this month – from the 4th Circuit, from the 9th Circuit, and even from the United States Supreme Court – judges have repeatedly rejected requests for stays, because there’s no good reason to delay the freedom to marry.

(Hiott-Millis)

Dan Savage gloats, of course, but here’s the thing:

Slog’s resident trolls would erupt every time I ended a Slog post about marriage equality with “We’re winning.” They LOL’d at my delusions, they sneered at my efforts to buck up supporters of marriage equality, they trolled a little harder. They called me a cockeyedmouthed optimist. That was then. This is now: 35 states, motherfuckers. And, thanks to a “loss” before the U.S. Court of Appeals for the 6th Circuit—the only U.S. Court of Appeals decision that hasn’t backed marriage equality—we’re headed back to the Supreme Court.

Reading through the Sixth Circuit decision against marriage equality is a fascinating exercise in depression. We knew that a decision against same-sex marriage would require some degree of juristic contortion and acrobatics, but what the court gave us was the metaphorical equivalent of ceremonial magick.

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The Picture: Marriage Equality Mix

Contemplation of Justice

“The rough idea would be that the Roberts court would be to the rights of gays and lesbians what the Warren court was on race issues.”

David A. Strauss

There is a lot going on. Or maybe not. Where once the idea was that courts should stay out of things and let “democracy” pick and choose who gets what human and constitutional rights in the United States, many of those advocates are looking to the Supreme Court of the United States to cram the gays back into the closet. With Justice Ginsburg suggesting last month that the Supreme Court might get involved if the lower courts make a sufficient mess of things, and the Fifteenth Judicial District Court of Louisiana holding the line in terms of state courts, one might wonder about the fervor Robert Barnes noted last week for the Washington Post:

The 10th edition of the Supreme Court under Chief Justice John G. Roberts Jr. begins work Monday with the prospect of a monumental ruling for gay rights that could serve as a surprising legacy of an otherwise increasingly conservative court.

Whether the justices will decide that the Constitution protects the right of same-sex couples to marry dominates expectations of the coming term; such a ruling would impart landmark status on a docket that so far lacks a blockbuster case.

And some say it would be a defining moment for a closely divided court that bears the chief justice’s name but is most heavily influenced by the justice in the middle: Anthony M. Kennedy, who has written the court’s most important decisions affording protection to gay Americans.

“If the court establishes a right to same-sex marriage . . . [it] will go down in history as one that was on the frontiers of establishing rights for gays and lesbians,” said David A. Strauss, a constitutional-law scholar at the University of Chicago.

“The rough idea would be that the Roberts court would be to the rights of gays and lesbians what the Warren court was on race issues.”

Something about blockbusters, to be certain; one would hope we have enough worked out about our society that we should not necessarily be rushing for a marquée show every year. That is to say, there is plenty wrong with society, but do we really have so many fundamental civil rights questions coming to the fore? And if so, well, what the hell is wrong with Americans that we have not yet figured out how some of these very basic concepts work?

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One of the Most Fascinating Political Questions of the Year

Ruth Bader Ginsburg

“Despite my deep respect and admiration for Ginsburg and her inspiring career, I find her approach extraordinarily reckless. For all of our sakes, here’s hoping her gamble pays off.”

Steve Benen

And as much as we all at This Is adore Mr. Benen’s insightful analyses, we do indeed disagree on occasion. And in the matter of whether or not Justice Ginsburg should retire, a simple question asserts itself: Do we trust Justice Ginsburg?

Benen’s overview is sufficient, let there be no doubt. And, to be certain, it is fair to point out that Ginsburg’s political calculations are not without risk. Furthermore, of course we all, as such, hope the gamble pays off. But in a time so uncertain as to cloud the prognostications of conventional wisdom, it also pays well to remember that not all things are equal. On paper, sure, the analysis suggesting Ginsburg is taking too big a risk by her political calculation is at least arguable. But what of the human terms? The variables resolve with diverse values, and in that, quite frankly, it is not a matter of who does one trust, Mr. Benen or Justice Ginsburg. The question to consider is whether or not one trusts Justice Ginsburg.

Fear the FrillIf her calculation is so dangerously awry, she ought not be on the Court in the first place. Those of us who not only appreciate her presence on the Court but also recognize the magnitude of what kindness history will speak of her tenure have every reason to trust Ruth Bader Ginsburg.

In a way, it does help to point out: Remember, she’s the one throwing down. And before anyone stutters about Scalia or Alito or whoever, that is beside the point. Ginsburg recently let the lower courts know what was on the minds of the Supremes and while Justice Scalia was in Texas explaining why the perspectives of self-centered supremacist bigots from the eighteenth century should describe the twenty-first, Ginsburg explained to law students in Minnesota that the nation’s ranking court would not get involved in the growing noise and bluster over same-sex marriage unless lower courts botch it all up.

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