Prop 8 Judge Not Feeling the Love from Supreme Court

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January 20, 2011

Prop 8 Judge Not Feeling the Love from Supreme Court

by Bruce Hausknecht

Judge Stephen Reinhardt, the senior judge of the 3-judge 9th Circuit panel that is currently hearing the Prop 8 appeal in the Perry v. Schwarzenegger case, is smarting this week.

In two separate appeals in capital punishment cases decided by the U.S. Supreme Court on Wednesday, Reinhardt’s 9th Circuit opinions were unanimously reversed (8-0, with Kagan recused) in language that accused him (and his 2 other colleagues, to be fair) of “judicial disregard”:

“[Judicial] resources are diminished and misspent, however, and confidence in the writ [of habeas corpus] and the law it vindicates undermined, if there is judicial disregard for the sound and established principles that inform its proper issuance. That judicial disregard is inherent in the opinion of the Court of Appeals for the Ninth Circuit here under review.”

Ouch. But it gets worse for Reinhardt. The author of the unusually harsh Supreme Court reprimand above is none other than Justice Anthony Kennedy, who may turn out to be the swing voter Reinhardt may need most in the Prop 8 case (if and when it gets to the Supreme Court) if the other 8 justices split 4-4 down ideological lines, as has been suggested by many court-watchers as a possibility.*

Of course, it’s not like Reinhardt’s handiwork isn’t well-known at the Supreme Court. Over the years, he’s been reversed too many times to count, many of them unanimously so. I’m just saying that if you’re a die-hard liberal who wants to see the Supreme Court rubber-stamp a Reinhardt opinion striking down Prop 8, you’d better factor in Reinhardt’s reputation and track record with those 9 justices.

*(Personally, I believe – perhaps too optimistically – that same-sex marriage is a bridge too far for even the die-hard liberals on the Supreme Court bench. There very well may be 6 or more votes on the Supreme Court to uphold Prop 8. And perhaps especially so after the recent Iowa judicial retention election when voters removed 3 of their justices who voted for same-sex marriage. Although safe from such elections, U.S. Supreme Court justices can still read the newspapers.)

UPDATE – Jan 24 – Supreme Court hands down another unanimous reversal of a Reinhardt opinion. He’s on a roll. More here.

Magnum Serpentine

So he lost on captial punishment cases. I say he is a hero to stand up to the death penality.

Still, those two losses to the Roberts circus of judical activism were not a surprise. Roberts has no independent thought in him.

However, I fail to see how loosing a Death Penality case has any bearing on the civil rights robbing Prop 8. Just because Kennedy voted one way does not mean he will vote against this judge just because of who Reinhardt is.

(And please note, I am not Gay I am a Christian who is against any law that limits civil rights)

Next.
- Bruce Hausknecht
  
  I’m not sure you got the point of my post. You can hardly blame Chief Justice Roberts for a unanimous opinion (once again) overturning a Reinhardt decision. Any Reinhardt decision that makes it to the Supreme Court has automatically become suspect, and even the liberals on the high court are quite willing to overturn him. That’s why all of his reversals, even the ones on capital punishment, have a bearing on how the Supreme Court as a group will look at the Prop 8 decision, assuming Reinhardt writes an opinion striking it down.
  
  And by the way, same-sex marriage is not a civil right. It’s not a natural law right either. Calling it a “civil right” does not advance the cultural dialogue on marriage; it’s a conclusory statement intended to shut it off entirely. If you have a biblical basis for your support of same-sex marriage, I welcome your defense.
Spense

EVERYONE already has the right to get married… ANY man can marry any woman he chooses and ANY woman can marry any man she chooses, with the usual exceptions for age, relationship, etc… there is no discrimination or loss of rights!
Keith

This is an interesting piece. Thanks for sharing it.

I support same-sex marriage, but I have my doubts that the current Supreme Court will rule in favor of it.

Regardless of how we feel, I think most observers would agree that younger people overall are less opposed to same sex marriage than their parents, and they tend to support gay rights in much larger numbers than the general population.

It may be another 20 or 30 years, but I believe the Supreme Court will eventually support same sex marriage, and future generations will wonder what all of the fuss was about.
Constance

Amen Bruce.

And by the way, gay people have the exact same rights under the law – anywhere – to get married. As long as they are getting married to ‘one’ person of the ‘opposite’ gender.

I had a gay friend who was married – to women – twice. He was trying to change. Sadly, he was trying to change on his own, without God, so it didn’t take. And now, for him, it’s too late. He became the victim of a gay-gay homicide, the kind of which seem to happen all too frequently but never make the news.

So, gays already have no fewer rights than anyone else, why should they be given ‘more rights’ – a special leave to engage in something abominable to God and detrimental to themselves, with the human stamp of approval on it?
Richard L

Homosexuality behavior is not a civil right. Homosexual behavior is a choice to engage in a sexual relationship with another person of the same sex/gender.
http://CitizenLink Matt

As a Christian it is clear to see where God stands on civil rights. It is equally clear to see where God stands on homosexuality, as well as other destructive behavior, such as adultry, pediphilia, and other sexually offensive actions. No where do I see God equating the two. Attaching the homosexual agenda to a legitimate organization such as the civil rights movement was the only way to conflict an otherwise moral nation.

A homosexual individual has the right to marry a member of the opposite sex. Their rights are not being violated.

As we look at statistics for the decline of SAT scores, and graduation rates over the past 30 years, is it a result of resources and finances, or is it a result of the radical shft of spiritual and moral values in America?

The average class room has 10 times the resources, as did the class room of the 60′s and 70′s. The average teacher has to pass more classes to graduate, and take more classes after college graduation than did their counterparts of the 60′s and 70′s. A higher percentage of taxes is allocated to education than in the 60′s and 70′s. Why is the educational decline in America continually blamed on resources?

Why do Christian schools consistently graduate a higher percentage of students for less money than government schools? Why are Liberals willing to see low income children fail in spite of the proven success that awaits at Christian schools?

God is no respector of persons, and he won’t be mocked, no matter how good the argument sounds, (two consenting adults)(two people in love) or what movement it is attached to. (Civil Rights) Weak Christians have only accelerated the demise of this great Christian based country.
Charles Martinso

Certain crimes merit certain punishment. And because our children are not even disciplined or punished correctly, we have more criminals and because we do not punish crime correctly, we have what Ecclesiates 8:11 happening in our land. More pity for the perpetrator, and less justice for the victim.