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February 20, 2004

Rule of BadLaw

There's a fascinating discussion going on over at Letters of Marque in response to Anthony's complaint: The "pious guardians of the rule of law" (Anthony targets the NY Times as an example) complained about former Judge Roy Moore's fight to keep the Ten Commandments monument in his courtroom; however, those same "pious guardians" are not now complaining as San Francisco Mayor Newsom allows gay couples to marry. (Incidentally, Anthony's complaint seems to be a right wing meme, although it looks like Anthony posted before Rush did.)

My favorite comment thus far (scroll down) comes from the arbitrary aardvark:

As a government official, the mayor took an oath of office to uphold the constitution and laws of california and of the united states. If california, by initiative, passed a (statute - i think that's the term i want) saying blacks could not marry whites, the mayor would be obligated to ignore that and issue marriage licenses to mixed race couples. Such an initiative would not be law, because it conflicts with the equalprotection clauses of the california constitution and is void. Similarly, the South Carolina constitution until recently banned mixed-race marriages, but this clause was void due to the Supremacy Clause and equal protection under the federal constitution. Our obligation, as lawyers, lawyer wannabes, office-holders, some of you may be veterans, anyone who has sworn to uphold the constitution, is to do so. Now, today, not to wait for a court. I'm under the impression the mayor genuinely believes he is following the california constitution. Failure to do so can be malfeasance in office, a federal felony (18 usc 241?), and a breach of ethics. Moore, on the other hand, as far as I know, was deliberately acting in defiance of the constitution. I deal pretty much daily with government lawyers who seek to enforce unconstitutional statutes. I consider this profoundly unethical, as well as illegal. I am aware that my position is a minority one. But I'm right :).

Brilliant.

In random "blawg" news, enbanc, a group blog with which I was very very briefly associated, has met a mysterious and unilateral end.

Ripping straight from the headlines at JD2B, don't miss the six kinds of law students (Survivors rule!), a rhymed rendition of Marbury v. Madison (also brilliant!), and appellate blawger extraordinaire Howard Bashman's thoughts on how to become an appellate lawyer. Somehow I fear Survivors do not often become appellate lawyers, you think?

Finally, the National Coalition for Students with Disabilities has a new blog and is looking for submissions. They're also looking for interns and volunteer help, so scoot over there if you've got some time to spare or are looking for a good public interest gig for the summer.

Posted February 20, 2004 07:32 AM | law general law school


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