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LOS ANGELES Monday, July 6th 2015 12:06

 OUR 4TH OF JULY DIFFERENCES

The Declaration of Independence Meant Something Different to America’s Not So Independent Slaves

Amy Goodman
WHO WE ARE-“What, to the American slave, is your 4th of July?” asked Frederick Douglass (photo above) of the crowd gathered at Corinthian Hall in Rochester, NY, on July 5, 1852. “I answer,” he continued, “a day that reveals to him, more than all other days in the year, the gross injustice and cruelty to which lie is the constant victim. To him,…

Trumping Trump: Shun the Donald, Boycott His Palos Verdes Golf Course

Bob Gelfand
GELFAND’S WORLD-I believe that it's really Donald Trump's hair. I seem to be unique in this belief. It's nice to be unique in some way, but what bothers me is that I have also been nearly unique, until now, in arguing that Trump should be shunned and boycotted. But times change. It's been a traumatic week both for Donald Trump and for the…

LA’s Sidewalks: Penny Wise and Pound Foolish

Jack Humphreville
LA WATCHDOG-The City of Los Angeles is expected to spend $1.4 billion over the next 30 years to repair our sidewalks pursuant to a Settlement Agreement involving the Willits class action lawsuit that alleged that the City was not in compliance with the Americans with Disabilities Act. While the yet to be disclosed Settlement Agreement appears to…

Is It Really a Golden State or Is It Just One of Those Hollywood Illusions?

Dennis Zine
JUST THE FACTS-Is Los Angeles really part of a Golden State or is it a place to remember as you move to greener pastures? I pose this question following my recent visit to Chicago and other cities east of the Rockies. My travels to the east coast were part of my reserve LAPD duty. I was part of the group of LAPD Reserve Officers escorting the…

Want to Save The Bullet Train, Governor … Get Better Bullet Points!

Ken Alpern
GETTING THERE FROM HERE-George W. Bush had Iraq. Barack Obama has ObamaCare. And Jerry Brown has HIS bullet train. Not OUR bullet train, mind you, but HIS bullet train. And like Iraq, and like ObamaCare, the bullet train that was meant to help all of us, and which was promoted with great fanfare and wonderful intentions, has to survive the test of…

LA: Hit-and-Run Capital of the World May Be Getting an Alert System

Damien Newton
LA’S STREETS - After last week’s warning that CA Assemblymember Mike Gatto’s legislation to create a “Yellow Alert” system was imperiled by Senate Transportation and Housing Committee staff and the California Highway Patrol’s (CHP) objections, there was a feeling of a looming showdown before today’s committee hearing. Assembly Bill 8 would create…

LA’s Citywide Sign Ordinance: By, For and Of Special Interests

Barbara Broide
IRATE PRIVATE CITIZEN’S OPEN LETTER-I write this letter not as a representative of my local homeowners association or neighborhood council, both of which have come out in support of the sign ordinance that limits new signage to sign districts in specified commercially zoned areas and who seek enforcement of and the issuance of citations to signs…

Now Is the Time For True Courage

Abby Zimet
FURTHER-Britanny 'Bree' Newsome - the filmmaker, organizer, activist and aspiring Super-Woman who memorably, determinedly climbed the flagpole at South Carolina's capitol to remove the Confederate flag - has spoken out for the first time about her feat, which she views "both as an act of civil disobedience and as a demonstration of the power…

When Did the American Civil War Really End and … Did Shenandoah Really Save the Whales?

Paul Hatfield
PERSPECTIVE - When did the American Civil War end? Could it really have been late June or early November of 1865? April 9, 1865 is the date widely accepted, and for good reason: it marked the surrender of General Lee’s army at Appomattox, Virginia. It was a foregone conclusion that other field commands would quickly follow suit. In fact, they did,…

 

  • Costco: Free Range Liars!

    Christian Cristiano
    WELLNESS POLITICS-Eight years ago grocery retailer Costco (COST) pledged to transition out of using eggs from chickens in small cages to cage free…
  • 10 Things Over-Thinkers Are Tired Of Over-Thinking

    Lindsay Holmes
    WELLNESS-While writing this intro, I deleted the first paragraph approximately six times. My thoughts ranged from "Just get to the point already" to…
  • Can Procrastination Give You a Heart Attack?

    Christian Cristiano
    WELLNESS-A study posted in the journal of behavioral medicine linked procrastination with hypertension and cardiovascular disease. Specifically…



Thu Jul 16, 2015 @12:00AM
LA Equality Awards RSVP
Thu Jul 30, 2015 @ 6:00PM - 08:00PM
A Taste of Chatsworth


Fail! Fail! Americans don’t know why we celebrate the 4th of July

Awwww! Tornado separates dog and owner … dog waits!

 

 

 

 

  

 

 

 

Supreme Timing: Why It’s Better for the Supremes to Hear DOMA before Prop 8

CIVIL RIGHTS - In a bout of incredibly serendipitous timing that nobody could have predicted, within the span of a week, both the First and Ninth Circuit Courts of Appeal have paved the way for the Massachusetts DOMA ( Defense of Marriage Act) cases  and the Prop 8 case to be heard at the US Supreme Court.   As always, there are a few caveats to keep in mind.  First, the Bipartisan Legal Advisory Group (BLAG) of the House of Representatives, which is defending DOMA on the wishes of House Republicans due to the Justice Department’s decision not to defend the law, could potentially ask that the 3-judge panel decision made by the First Circuit be granted a rehearing by what’s called an en banc panel made up of all the appellate court’s active judges.  

This en banc rehearing would essentially be another intermediate step at the First Circuit before the case could move to the Supreme Court.  

Such a move, however, would have a small chance of succeeding, given that the court is currently composed of five judges, making the 3-judge panel that struck down DOMA a clear majority to deny rehearing.  

And, of course, the Supreme Court has discretion in which cases it wishes to hear, which means that the justices do not necessarily have to take up any given appeal.  (In fact, less than 1 percent of cases are taken up by the high court each year.)
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When it comes to the DOMA cases, it is very unlikely the Supremes would not take up the appeals, given that a failure to do so would result in an act of Congress being declared unconstitutional and unenforceable in four states (and Puerto Rico!) while leaving it the law of the land in the other 46.  

On the other hand, it seems quite feasible the Court would decline to hear the Prop 8 case, given the Ninth Circuit’s clear efforts to limit its decisions to California only and not address any larger federal questions.

With all of these complexities in mind, it’s worth revisiting a question about which much ink (both digital and otherwise) has been spilled: is it better for marriage equality if the DOMA cases reach the Supreme Court first, or if the Prop 8 case does?  

Any answer to this question is necessarily rooted in the imprecise tea-leaves science of court-watching, but it is nevertheless a conversation worth having, especially considering the fact that the ground is now set for one or two high-profile marriage equality cases to make their way to the high court within the next year or so.

Writing yesterday in the Los Angeles Times, Douglas NeJaime of Loyola Law School argued, “Although Perry may provide more dramatic and compelling litigation, the DOMA cases present the Supreme Court with the best way forward.”  

And at Towleroad, the ever-insightful Ari Ezra Waldman lays out the arguments for why DOMA should come before Prop 8.  (I have to credit the many commenters on Waldman’s post for giving me some of the ideas that led to this series.)

I firmly agree with the argument that the best possible outcome for marriage equality at the Supreme Court in the next year or so is for the Court to consider the DOMA cases, uphold the lower courts’ rulings striking down the law, and decline to hear the challenge to the Ninth Circuit’s Prop 8 decision.

This is not to say that this outcome is the one that I truly wish for; on the contrary, in my heart I want the Supreme Court to take up the Prop 8 case and choose to side with Judge Vaughn Walker’s powerful and persuasive arguments that marriage discrimination is simply unacceptable under the U.S. Constitution.

But while I am an optimist at heart, I am a realist as well, and while it is important for all activists to be impatient, and to push the envelope, and to refuse to settle for less than everything they know is right and true, I think the most realistic scenario is almost as good for us as my imagined one.  

There are three reasons for this: 1) the different resonances that the DOMA case might have with the Court as opposed to the Prop 8 case, given the Supremes’ ideological makeup, 2) the distinct constitutional implications that striking down DOMA would have compared to striking down Prop 8 and 3) the wide-reaching and perhaps hitherto under-appreciated effect that a DOMA win would have for marriage equality, including in a post-Prop 8 California.

Starting tomorrow, I will explore one of these arguments in detail each day, and on Friday I will wrap up the series with a conclusion about the importance of the timing of the two cases.  

This entire series is meant to delve more deeply into the issues than a one-time post would allow and, I hope, will inspire a vigorous debate around the issue of timing.  

While these pieces represent my own opinion and my reasoning for holding that opinion, I hope that those who feel differently (or perhaps see flaws in the arguments I make) contribute to the discussion in the comments.  

As I said earlier in this introduction, predicting the actions of the Supreme Court is at best an art and not a science, but it is still an important exercise for our community, since it helps us look at the reality of the legal landscape in which we live rather than the one in which we might wish to live.  

The recent decisions of the First and Ninth Circuits mean we are living in an exciting time where matters of great importance are to be decided.  It helps if we go into them knowing where we stand.

(Jacob Combs are contributors to Courage Campaign Institute's Prop8TrialTracker.com,  where this piece was cross-posted. Look for parts 2-5 of this series here. -cw

Tags: Prop 8, DOMA, Supreme Court





CityWatch
Vol 10 Issue 47
Pub: June 12, 2012

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