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Sunday, July 09, 2006
Kevin McCullough :: Townhall.com Columnist
High courts rebuke activist judges
by Kevin McCullough
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Two rogue activist judges on lower courts in the states of New York and Georgia got the surprise slapped out of them this week.

It's about time!

Judge Doris Ling-Cohen of New York and Constance Russell of Georgia were sent stinging rebukes by their state's highest courts, and in cases that will be watched by other high courts in New Jersey, California and perhaps most importantly Washington. These women were given very clear lessons in judicial clarity and "We the People" rejoiced!

Judge Ling-Cohen knew when she issued the decision to allow marriage to be redefined in New York City that she had stirred up a hornet's nest. The very same afternoon my radio show organized communications with some of the 8000 church leaders in the New York metro to begin aggressive opposition to her unilateral mandate that defied the state's constitution. Mayor Michael Bloomberg also felt the sting; thousands of phone calls pouring into his office finally forced him to begrudgingly acknowledge that it was the city's responsibility to attempt to have the decision overturned. He also then promptly went to several homosexual advocacy groups and made it clear that he preferred the ideas that Judge Ling-Cohen had put forward.

In addition, at the beginning of PRIDE month, the Mayor went on-air for his weekly radio address and promised quick compliance if the state high court returned a verdict that defended the radical activists seeking changes in the state law. He promised that the city would "immediately begin performing so called 'gay' marriages." He also then added that should the decision go against the activists and for the families of New York, he would begin working to craft legislation in the state assembly to get voters to approve the redefining of marriage. (Good luck with that, Mayor.) I played the arrogant comments over and over the following Monday on my radio show and again thousands of calls poured into the Mayor's office.

The Court of Appeals, the highest court in the Empire State, answered all the involved parties with a 4-2 spanking of the activists and made perfectly clear that only the people of New York have the ability to redefine the institution of marriage, clarifying the division that exists between the judiciary and the legislature. It is notable that this case mirrored nearly to perfection its predecessor in the Massachusetts courts that eventually legalized a redefinition of marriage.

Less than two hours later, the Georgia Supreme Court sent a much more recent decision by lower court Justice Constance Russell packing as well. In Russell's flimsy decision to overturn the will of seventy-six percent of the electorate in the state of Georgia, she attempted to assert that no single piece of legislation could address both the idea of "marriage" and "civil unions that bear an uncanny resemblance to marriage" in the same bill. She found that perhaps Georgia voters had been confused about what nearly 8 out of 10 of them had voted to approve.

Nice try—but no dice.

The Georgia Supreme Court ruled unanimously to overturn Russell and found that, in fact, Georgians were very well-informed about what they had decided to vote for. (You know that old fashioned idea of one man and one woman before God for eternity silliness ...)

Of course, both decisions are hated by liberals and therefore received spotty coverage in the media, but make no mistake, these decisions portend large in the upcoming decisions in New Jersey (which can't even seem to stay open), California (which seldom ever makes sense), and Washington. The Washington case being the biggest one of all.

In Washington there is no residency requirement for marriages to be performed. Simply put, if Washington courts go all Massachusetts on their voters—suddenly couples from every state in the union could apply for marriage licenses, be pronounced man and husband, or woman and bride, and return to their state to then test the federal statute called the Defense of Marriage Act.

The sides who have lost in each of these cases have pledged to work night and day to get legislative approval to redefine marriage. In New York—if Elliot Spitzer is elected governor, and Mayor Michael Bloomberg does throw in the millions of dollars and manpower to conduct a grassroots efforts—who knows what could happen! But at least such a scenario would still have to drive millions of voters to voting booths to get such a result. A good test of such a drive might be seen this fall in Massachusetts as the voters there will be allowed to weigh in on the issue for the very first time.

As you can easily see, the fight isn't over. It's barely just begun.

But it's always a good day to see activist judges get their lunch handed to them.

And for Ling-Cohen and Russell all you can say is, "...Ouch! That's gonna leave mark!"

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About The Author
Kevin McCullough is the nationally syndicated host of "'Xtreme' Radio and columnist based in New York. He blogs at www.muscleheadrevolution.com. His second book "The Kind Of MAN Every Man SHOULD Be" is in stores now.

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One Man & One woman
Very good column. I'm glad someone else realizes that Bloomberg is nothing but a RHINO [big time] but as you say at least it's going to be the people that decide. I intend to mention this on my blog at http://jevica2003.townhall.com because I don't think it could be said anybetter.

asd
asd

Indeed!
Bloomberg is worse than a RINO... he's a FAREP: FAkeREPublican.

I just made that one up on the spot; feel free to use it, everyone.

I don't know NY law, but it may be that, like here in Cal, top level state judges are required to face the electorate from time to time for confirmation. That's how we got rid of Rose Bird, aptly named as she gave the bird to the Cal electorate at every opportunity.

There's a lot to be said for that system, as opposed to the appointed-for-life BS.

Too bad we'd have to amend the Constitution to do it at the Fed level -- though it may be worth the effort.

As I wrote in another post: "The germ of dissolution of our federal government is
in...the federal judiciary; an irresponsible body, (for impeachment is scarcely a scare-crow,) working like gravity by night and by day, gaining a little to-day and a little to-morrow, and advancing its noiseless step like a thief, over the field of jurisdiction, until all shall be usurped from the States."
Thomas Jefferson, 1821

There's a reason the judiciary is known as the "most dangerous branch".

Hitler couldn't have carried out his "Final Solution" without the collusion of the judges.


Has anyone noticed?
Mr. McCollugh seems delighted that two activist judges were stymied in their attempt to use their positions and power to force cultural changes where they have no business intruding but seems to ignore the fact that, while the leaks may have been temporarily plugged up, the dam is still breaking.
That we have come this far down this road (and I stress the word "down") is the real issue. That we are even entertaining such ridiculous notions as "same sex 'marriage'" is an even more troubling development than the idiocy itself.

Bloomberg
he is a joke as far as being conservative....he is NOTHING close to a conservative. He is a poor I am so sorry I'm rich let me give it all away I dont deserve it mentality...in the meantime he wants to give everything WE have away as well....work for your money, be taxed, penalized etc for it....sit on your butt and do nothing get money for it.....that is CRAP....this is the land of opportunity, if anyone wants work they can find it if they want it......if you don't want to work, lots of excuses out there for you, and lots of politicians eager to back you up....

judges
I Love to see these arrogant activist judges be given a lesson in the law. I just wish it would happen more often. Especially here in Ca.

Supreme Courts
Excuse me, maybe I missed something somewhere.

Correct me, if I am wrong, but the existance of Supreme Courts of different states and, indeed, the Supreme Court of the United States is to rectify mistakes in law from lower courts.

In these cases that seems to be what happened, and I applaud. Big time. Finally! A court actually doing its job! What a concept!

But Supreme Courts in their arrogance have over-stepped their bounds in general over the years, in effect setting public/social policy often against the will of the majority of the people.

Forget, for a moment the illegality and unconstitutionality of that.

How much arrogance does it take, using the Supreme Court of the United States for example, for nine unelected men to decide they have some devine right to set public policy for 300 million people?!?

who's ox is gored?
Ya know, it depends on what side of an issue you're on. If some 'activist judge' had overturned the 'voted in by the majority' gun ban in SanFrancisco, I bet most folks here would be jumping for joy.

People need to realize and politicians need to have the stones to remind them, that the majority does not rule. This is a republic, not a democracy. Could the majority vote to bring back slavery? Don't think so.... The Founders put a mechanism in place to deal with this.... amend the Constitution.

(Personally, I am opposed to gay marriage. Civil Union, maybe)

Jim S: In fact...
... the San Francisco gun ban (Prop H) WAS overturned by the California Supreme Court. However, there was nothing "activist" about the ruling. They correctly ruled that state law pre-empts the issue -- as it very clearly and directly states in our Constitution -- and that the city of San Fran had overstepped its authority by passing such an ordinance.

To Cleombrotus and..
I do believe Mr. McCullough quite clearly noted there is more we must address on these topics, as his closing statement notes:

"As you can easily see, the fight isn't over. It's barely just begun."

No one can deny our happiness at a glimpse of justice finally being served in the courts today.

Of course, this is just the tip of the iceberg!

As my Husband likes to say, folks like this, Bloomberg, Ling-Cohen et. al, have woken up the sleeping giant.

And what a beautiful and just giant that is!

To Luis
"..but our resistance has to be vigilant, constant, nothing less."


Oh, absolutely. Agreed!

Conservatives are SO choosy...
As a liberal I find it ludicrous that so-called conservatives rush to embrace those venerable progressive reforms--the initiative, referendum, and recall. Surely at least some conservatives know that the aim of those who pushed for and eventually got most states to implement these devices was to support a political agenda that was far from conservative. In fact, these procedures were "leftist" to the core.

Real conservatives used to know this, and condemned referenda and other such democratic excesses on the basis of conservative first principles. Of course, in recent decades the political views of much of the population have moved to the right. Now conservatives who would not have had a good word to say about masses of voters bringing about changes in state laws are deliriously happy that the people have spoken.

Right wing populism? Yes. Conservatism? No

Will conservatives continue to be such big fans of the will of the people if and when that will changes from right to left? We'll see...

To Gestell
Conservatives are choosy, and thank God for it!

They know where they stand, what their issues and concerns are, and who is sincerely championing them or not.

Like many a Liberal speaker, you seem to be at a disadvantage when it comes to the right use of words.

The right to assemble and corraling together people and resources, and banding with one another to speak out and gather for what is right and good, is an American right, value and a liberty and concept not foreign to any man in free nations.

A radical reaction advocating right ways of living, voting and being does not automatically make large bodies of Conservatives voting this way suddenly "Liberal", "leftist" or "non" Conservative.

No more than it makes any possible "minority" of Liberals in a group less extreme in their mindsets. And if fewer are on their side this does not suggest these parties are in any way "Conservative" in manner or nature.

Truth be told, clear speaking is not a way of being or value many Liberals hold dear.

The heart of a Conservative is looking to protect and sustain modest, faith based, and traditional truths and laws from our most early days.

Their desire to protect and nurture the foundational credos and ways of being that our nation was founded on make them no more "leftist" than the "progressive" idea of pro-choice (murdering one's offspring) is family friendly.

Sorry if this was a bit long, but it bears repeating, just as "progressive" is often a Liberal byword for "ruining a family near you", a frustrated Liberal does not make Conservative values any less important or real.

And the fact that what you may think is a majority of people voting more Conservatively on issues being true or not, does not change the fact that what they do stand up for is a group of virtues and life style choices that are worth living and dying for.

That is not about majorities or minorities, as it's a thing these folks (Liberals) never get, it's about Right and Wrong.

It's not our fault that God arranged the divine tables with "Right Makes Might"








Bloomberg oust him!
Well it seems that a liberal like Bloomberg had to join the Gran Old Party in order to win an election, and now he seeks to destroy all that the GOP stands for.

New Yorkers should toss him out on his ear and also keep ELLIOT the TERRIBLE from ever seeing Albany.

Both are liberals who seek to do what others have paid them to say and do, not what the people of New York want them to do. They are just like that thing in my state of Connecticut, Mr. Lamont. A one topic canidate who is myopic and dangerous to the AMERICAN WAY!

Thank you.

Who Cares What Percentage of Voters?
Even as a Conservative, I have to agree with the writer who noted that if the Court had overturned a gun ban, we'd be jumping for joy.

Wether the Georgia judge ruled against "76% of the Georgia voters" or not, it the law she overturned was unconstitutional or unlawful, then the judge has an obligation to overturn it even if 99% of voters approved.

oryan

Keep Up The Good Work Kevin
Keep shining the light on the cockroaches.

John Rolin
Monroeville, PA

Put the shoe (or heel) on the other foot
Get a life, people. Gays comprise only ten percent of the population and, therefore, only a fraction of our real challenge, liberals! To demonstrate the absurdity of your position, consider whether marriage is a factor that mitigates your opposition to a particular liberal. The Clintons aside (this may be a mixed example), does Kerry's "conventional" marriage in any way make his politics any less repugnant?

To Rogue Historian

While it is a fact that 99.99% of our family's choices and concerns lean overwhelmingly towards Conservative stances, I don't enjoy the idea of lumping everyone together. But, more often now, and for the sake of clarity on the issues, this is simply what we must do.

In any case, we see the gay issue as no less a concern and one that needs to be focused on than any other destructive Liberal/leftist agenda.

Trying to make the issues seem so mild and focus on simply sides of an issue may not be fully seeing the forrest for the trees.

Regardless of what concern it is that can potentially hurt our futures, our families, society, it would be shortsighted and remiss to overlook them.

We see the gay "marriage" debacle as no less nefarious and insidious as abortion was 30 years ago, back when it was lauded as a "fabulous choice", killing one's kin.

Now we have men wanting to hitch up with men, and a woefully left-leaning mainstream media parroting these images and ideas in their every print issue. This is only the visual of telling (or selling) a lie over and over again til it's called true.

No matter how issues are packaged, they are always going to be a concern to voters who care, from whatever source they may be.


Back to the Basics
When did we lose the concept that 'gay' anything is wrong? The activists have done such a great job in changing the discussion from is 'gay' wrong to ... well it's OK for people to do anything they want and now it's time to sanction it. Let's get back to our true Judeo-Christian roots and state that 'gay' is an abomination and is wrong!
Apparently the posting system feels that using the correct words for this is wrong. We are even being forced to use "gay" instead of what it is.
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