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Old 07-12-2013, 10:38 AM
 
5,150 posts, read 7,768,310 times
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Quote:
Originally Posted by Dane_in_LA View Post
Do we need to go through the difference between defending and upholding again?
No. It is a total waste of time because it isn't going to change any minds (or hearts) when people are arguing for dumping the rule of law.

If one side believes in the rule of law and the other side doesn't you lecturing down won't help anything.
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Old 07-12-2013, 10:38 AM
 
41,813 posts, read 51,080,948 times
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Quote:
Originally Posted by Dane_in_LA View Post
I thought it wasn't her decision, period?
It's not her decision ro decide what laws to defend, she's obligated to defend the state.
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Old 07-12-2013, 10:39 AM
 
5,150 posts, read 7,768,310 times
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Quote:
Originally Posted by Dane_in_LA View Post
That's why we elect people - to have them exercise judgment, right? If there's no freedom of action, there's no reason to elect an AG, you can just put a civil servant with a rubber stamp in the seat.
Right. If a cop witnesses a killing that he thinks is justified he should keep driving. No business of the court.
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Old 07-12-2013, 10:41 AM
 
5,150 posts, read 7,768,310 times
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Quote:
Originally Posted by Dane_in_LA View Post
Has anyone argued that the AG hasn't upheld the PA DOMA statute? I'd love to see a cite for that.
Has the Supreme Court said the bans are unconstitutional? I'd love to see a cite for that.

They might have had if California wasn't so selfish.
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Old 07-12-2013, 10:41 AM
 
4,176 posts, read 4,673,091 times
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Quote:
Originally Posted by thecoalman View Post
It's not her decision ro decide what laws to defend, she's obligated to defend the state.
Evidently it isn't that cut and dried.
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Old 07-12-2013, 10:42 AM
 
4,176 posts, read 4,673,091 times
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Quote:
Originally Posted by GCharlotte View Post
They might have had if California wasn't so selfish.
How in the hell was California "selfish???"
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Old 07-12-2013, 10:44 AM
 
46,973 posts, read 26,018,521 times
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Quote:
Originally Posted by thecoalman View Post
Dane I'm aware of that clause and I don't think it applies. She's claiming it's unconstitutional and that is not her job to decide. I don;t see how that falls into "efficiency" or the "best interests of the Commonwealth". The best interests of the Commonwealth are having lawmakers make laws and have the courts decide their constitutionality.
Clearly, she's of the opinion that having DOMA in place isn't in the best interest of the Commonwealth.

The General Counsel (who happens to report to an anti-gay Governor) can take it on - they have some spare time now when they're done arguing that Penn State shouldn't suffer any consequences from the Sandusky case.

Personally, I would have preferred she'd assigned the defense to the most flamboyantly gay counsel she could locate, preferably one who'd argue the case in drag - but letting the General Counsel jump on the grenade is OK by me.
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Old 07-12-2013, 10:44 AM
 
28,163 posts, read 25,322,169 times
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Quote:
Originally Posted by thecoalman View Post
If she wants to decide what laws are worthy of defending she should have ran for an office where she gets a say in enacting or getting rid of them. She wasn't elected to decide what the law is.

She isn't deciding what the law is. She is deciding that she personally will not defend the state over the law. She isn't changing the law. That is very big difference, wouldn't you say?
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Old 07-12-2013, 10:46 AM
 
46,973 posts, read 26,018,521 times
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Quote:
Originally Posted by GCharlotte View Post
Right. If a cop witnesses a killing that he thinks is justified he should keep driving. No business of the court.
I know you're too smart to consider that a valid analogy, and you know that I know. Stop it.
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Old 07-12-2013, 10:47 AM
 
46,973 posts, read 26,018,521 times
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Quote:
Originally Posted by GCharlotte View Post
Has the Supreme Court said the bans are unconstitutional? I'd love to see a cite for that.
And what does that have to do with the price of tea in China?
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