Published: Friday, Dec. 27 2013 12:00 a.m. MST
The Senate would never vote to convict and the House would look like a bunch of
sore losers on something that the American people are increasingly in favor of.
If you're angry at a lack of stay, that's been denied by judges on
several levels at this point. His decision was done at the speed both sides
Article II, Section 4 of the Constitution provides that "[t]he President,
Vice President and all civil officers of the United States, shall be removed
from Office on Impeachment for, and conviction of, Treason, Bribery, or other
high Crimes and Misdemeanors.' Judge Shelby has not committed any
impeachable offense. He was called upon to make a decision, and he made it. That
is not a high crime or misdemeanor.If the State thinks Judge Shelby
misapplied the law, its remedy is to appeal his decision. It has done so.
Let's see how the Supreme Court rules on the stay issue and how the Tenth
Circuit rules on the appeal.I think the Deseret News, with its
overly critical pieces about Judge Shelby, bears some responsibility for this
kind of letter.
"He based his decision on pre-trial proceedings without allowing the
democratic process to play out"What part of the "democratic
process" are you expecting the judge to have honored? I think I must have
missed part of the story. The purpose of the courts is to ensure that
majorities don't deny minorities rights. It has failed horribly at times
in the past of doing.... and has succeeded in other instances. But the exact
goal of the courts is to prevent "democracy processes" from denying any
group their rights.
This is reality Mona. This is the real world.We work on a system of laws
based on books of law, not other books.Judge Shelby is doing noble work
here.Happy New Year.
"Activist" judge. That's funny. If the Governor didn't say
that, nobody else would have.Your guys Mike Lee and Orrin Hatch
supported Shelby's appointment to the bench.And I'll bet you
would follow those two into battle.Why are you so against equal
rights? Or are you only for equal rights according to your OWN narrow beliefs?
It is not the courts' job to uphold the precise will of the majority of the
people. That's what elections are for. The job of the courts is to uphold
the Constitution, regardless of whether the necessary decisions fall in line
with the will of the majority. It is up to the judges to determine, without bias
from the rest of the population, what constitutes equality under the law, or
equal protection. It seems more than obvious to me that to exclude Gays from the
institution of marriage is a clear violation of any notion of
"equality," and I have yet to see anyone dispute that on a rational
level. Therefore, it is not "activism" on the part of judges to declare
that Gay and Straight couples should be treated equally under the law, rather it
is an example of judges performing their rightful duty.
"...Even if Shelby were acquitted, impeachment proceedings would be a
warning to other activist judges...".Conservative activist
judges are ok.Other activist judges are not ok.
Calm down, Mona.Equal protection and due process are part of the US
Constitution. Guess what, YOU never ever had the right to vote on Amendment 3
to begin with. The rights of others are NOT yours to vote away.
MonaExactly what has Judge Shelby done that warrants impeachment.
The states have the right to regulate marriage but those laws must ultimately
conform to the US Constitution. The Utah amendment violated the Equal
Protection Clause and Judge Shelby had to strike down the law. You are the one
that is advocating that Judge Shelby become an "activist" judge.
The judge was called upon to make a summary decision, and he did. In light of
the law of the land, the outcome was all but pre determined. In the end, the
will of the people was strengthened, as now each of us has a choice in the
matter. Individual rights are a wonderful thing. Happy new year.
Judges are NOT supposed to edict the "will of the people".which is
precisely why Judges are Selected for Life terms...So they
don't have to look over their shoulders, make back room deals,
campaign, go to fund raisers, hand out candy, kiss babies and tell
people exactly what they want to hear.That is what ELECTED officials
do.Judges rule by LAW, not popular opinion.BTW --
Impeaching someone just to send a message to other Judges is an abuse of
power.It's called Extortion.
"BTW -- Impeaching someone just to send a message to other Judges is an
abuse of power.It's called Extortion."Absolutely
correct. In addition it's whaaaa, whaaaaa, we lost again.
Good letter, Mona. Judge Shelby ruled on the thinnest of proceedings not on the
majority rulings of the Supreme Court.
"He based his decision on pre-trial proceedings without allowing the
democratic process to play out."I'm sorry, but it was the STATE
OF UTAH, not the plaintiffs that asked the Judge for a summary judgment without
trial. He simply followed their wishes. They just didn't like the ruling.
Tolerance is not an attribute of the Left. The Judge could have ruled in favor
of civil unions for gays leaving the state of Utah with its right to define
traditional marriage. Hopefully, the Supreme Court will uphold its own ruling
that states have the right to define marriage.
@Sal --"Hopefully, the Supreme Court will uphold its own ruling
that states have the right to define marriage."States do not
have an UNRESTRICTED right to define marriage. All state laws must conform to
the US Constitution.If states could define marriage however they
wished, then we would still have bans on interracial marriages. This is
precisely what Loving v. Virginia was all about.
Does the right need more cheese with its whine today?
Mona - the public doesn't vote on "impeachment" of a federal judge,
the U.S. House of Representatives votes and the Senate convicts. Which will
not happen, nor should it. You are suggesting "mob rule", which is
precisely what the Constitution prevents. You can not "impeach" a judge
because you disagree with the outcome.
We don't like Bill Clinton, let's impeach him!We don't like
Obamacare, let's shut-down the Government!We don't like Judge
Shelby's ruling, let's impeach him!Something about the
far-right-wing, WE are the true patriots, who love the Constitution, and
defend it, rah-rah-rah! and we they don't
have enough votes, or things aren't going their way, impeach them all, shut-it all down, as we will Trample the
Constitution -- [shaking my head]...it's just is not
Where were all these repubs when "mob rule" was rejected on guns? It's funny how the right flip flops even within a year!Just a year ago we were a country ruled by law, not popular opinion.Now, it appears that the law doesn't matter but whatever popular opinion
is.Which is it repubs?
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