Domiionist Cruz's Bill Attempts to Strip Courts of Jurisdiction in Same-Sex Marriage Cases

[Panich52]

Brennan Center

JUDICIAL INDEPENDENCE

Bill Attempts to Strip Courts of Jurisdiction in Same-Sex Marriage Cases

In a Huffington Post http://www.brennancenter.org/sites/all/modules/civicrm/extern/url.php?u=83173&qid=5449403 blog piece, Alex Glashausser considers the Protect Marriage from the Courts Act, http://www.brennancenter.org/sites/all/modules/civicrm/extern/url.php?u=83174&qid=5449403 introduced by Sen. Ted Cruz (R-Texas), which “threatens to strip the jurisdiction of lower federal courts, as well as the appellate jurisdiction of the Supreme Court, over ‘claims pertaining to the constitutionality of State marriage laws.’” The bill also declares that no state judge “shall have any obligation to comply with the decision [of the U.S. Supreme Court in its pending same-sex marriage case].” Glashausser argues, “(t)his legislative attempt to restrain the judicial branch violates the separation-of-powers doctrine.” However, according to Glashausser, it is also “a political striptease with little chance of consummation.” He continues, saying, “(p)erhaps even more scandalous is a judiciary appropriations bill that Sam Brownback, governor of Kansas, actually signed into law recently.” http://www.brennancenter.org/sites/all/modules/civicrm/extern/url.php?u=83175&qid=5449403 Glashausser concludes, “(i)f the political branches wield necessities like jurisdiction and budgets as weapons for browbeating courts into submission, the damage to judicial independence will in turn erode the rule of law.”

[MFrohike]

1. He's missing a couple of things

1. Congress has cherry-picked jurisdictional exceptions in the past. They did it during Reconstruction, specifically in regard to Ex Parte McCardle.

2. His original jurisdiction argument is novel, but not persuasive. What would be more likely to happen were such a law to be passed is a rash of equal protection cases, based on both of its amendments, as a response to it. Cruz could succeed in removing jurisdiction on the question of gay marriage, but it's simply not possible to remove it for fundamental constitutional questions.

[Panich52]

2. Those aren't only things Dominionists' "Anointed One" are missing. But then, I'm not referring to

legalities or constitutional procedures...

[MFrohike]

3. Heh

I have to disagree. I think Cruz is fully rational and, thus, quite dangerous. He's clearly not a stupid man at all. He's a nerd playing to the dark side of populism, so I don't think it's a role he's fully comfortable playing. Even so, that role is what he's seen as his best path to power. He's amoral, cynical, and thoroughly corrupt, but he's not an idiot. I think his goal is to lock up as much of the crazy base as possible so as to make the GOP run through him if they want to do anything. With a bit of luck and the tiniest bit of critical thought from our fellow citizens, I hope that won't ever happen.