Judiciary
If one knows the history of the same-sex marriage debate, the opening paragraph of this editorialized report in the DesMoines Register strikes an odd note: Basic fairness and constitutional equal protection were the linchpins of Friday’s historic Iowa Supreme Court ruling that overturned a 10-year-old ban on same-sex marriage and puts Iowa squarely in the…
It’s important to keep in mind that this report consists mainly of allegations, some of them (at least) made by people with compromising motivation. That said, the insight into the practices of our state are well worth familiarization: [Probate Judge Robert E.] Rainville says he has done nothing wrong — and that the complaints against…
Robert Benson‘s solution, proposed in last Friday’s Projo, to the legal question of whether ethics rules can be applied to the official lawmaking activities of legislators presented by the Rhode Island Ethics Commission v. William Irons case…Why not keep the speech in debate provisions in place except when the legislator is accused of a serious…
To some extent, the suspicious mind will be inclined to see evidence in contradiction, but Supreme Court Chief Justice Frank Williams does seem to be a bit to defensive about his sudden decision to retire: “Why can’t they accept the truth for a change?” he asked with frustration. “Why can’t they accept the fact that…
It’s difficult not to suspect something other than a desire for a life change lying behind this: Frank J. Williams, the chief justice of the Rhode Island Supreme Court, stunned the legal and political community today with his announcement that he is stepping down from the high court. … He plans to continue his Lincoln…
As Marc notes, traditional marriage won big, this election, despite a political turnout that would have seemed likely to point in the other direction. For federalist conservatives, these results are pretty close to the ideal of how things should work: The people of each state decide their policies, and when the judiciary over reaches, the…
A recent editorial from National Review highlights one of the procedural detriments that has been advanced in conjunction with the cause of a progressive marriage regime: … Connecticut, at least, decided the matter democratically. Those people who objected could try to persuade their fellow citizens to repeal the law. Now Connecticut’s supreme court has decided…
In view of the stunning effect – the voiding of an election – of their non-action yesterday in the matter of Stephen Alves’ request for a new election, I wonder if the RI Supreme Court was simply unaware in pragmatic terms of the effect of their decision in the context of dates and ballot printing…
Although I obviously agree with his immediate point, something in this post by Damon Root strikes the ear funny, in a way that betrays the lack of long-term thinking among libertarians (emphasis added): McCain’s response? “That’s an excellent point.” I don’t know if excellent is the word I’d use. When conservatives complain about judges “legislating…
Former Rhode Island Senate President William Irons’ initial line of defense against charges brought against him by the Rhode Island Ethics Commission rests, first, on a claim of immunity that has never before been recognized in the law and, second, on a claim that a judge can use an interpretation of the law without precedent…
