Judge Jones' Opinion in Nevada Same-Sex Marriage Case (Part 2 - Use of Precedent)

In yesterday's post (Part 1) I discussed how Judge Jones neglected to analyze the fourth element of suspect class analysis and refused to discuss the extensive scientific evidence demonstrating the equality of gay and lesbian couples. Today's post critiques Judge Jones' use of precedent and his failure to honestly confront the real purpose behind the Nevada law banning same-sex marriage.

Judge Jones' Opinion in Nevada Same-Sex Marriage Case (Part 1 - The Fourth Element of Suspect Class Analysis)

The opinion of Nevada Federal District Court Judge Robert Jones upholding a Nevada law prohibiting same-sex marriage is deficient, disingenuous, and disturbing. It is deficient in that he neglected to apply a key element of the law of Equal Protection and he ignored a massive amount of historical and social science evidence about sexual orientation that bears upon that point. It is disingenuous because it mischaracterizes and misapplies the previous relevant case law. It is disturbing because of the language he chose to use in framing his opinion.

Love Defeats Hate

The presidential election of 2012 presented a clear choice between love and hate.

Karl Rove's "Smaller Percentage" Argument Not True

Dylan Byers of Politico reports that Karl Rove appeared Fox News two days after the election and asserted:

This will be the first president re-elected to a second term with a smaller percentage of the vote than he got in the first term.

After his national television debacle disputing the clear result in Ohio on election night, one would think that Mr. Rove would strive for a little accuracy - particularly with respect to a discrete and easily checked fact that is at the core of his area of expertise, presidential election results. But he did not.

Polls and Predictions on the Eve of the Election

Here are links to polls and predictions three days before the election.

How Much Would a State Lose If It Opts Out of the Expansion of Medicaid under the ACA?

The Affordable Care Act seeks to achieve universal health care coverage by expanding Medicaid and by granting funding to low income persons and families to purchase health insurance. In NFIB v. Sebelius decided June 28, 2012, the Supreme Court ruled that the states must be given the opportunity to "opt out" of the expansion of Medicaid contained in the Affordable Care Act. How much money would a state lose if it chooses this route? It appears that it would cost the average state about $1 billion annually to forego expanding Medicaid. What else would it lose? Competitive advantage.

Romney: "My job is is not to worry about those people. I’ll never convince them they should take personal responsibility and care for their lives.”

There is nothing "conservative" - or redeeming - about the statements Mitt Romney made at a private fundraiser in May.

Palm Center Study on Effect of Repeal of Don't Ask Don't Tell on Military Readiness

The Palm Center has published its study One Year Out: An Assessment of DADT Repeal’s Impact on Military Readiness. Over the course of six months the Center visited military units and interviewed hundreds of servicemembers, including "553 generals and admirals who predicted that repeal would undermine the military, to all major activists and expert opponents of DADT repeal and to 18 watchdog organizations, including opponents and advocates of repeal, who are known for their ability to monitor Pentagon operations." The result - The Center found that allowing gays and lesbians to serve openly in the military has not reduced military readiness, and may instead have improved morale.

Online Legal Education

I spent most my summer learning how to teach online. The bottom line - in an online class I can cover more material and my students can learn it more effectively. However, this method of teaching and learning is not for everybody.

On the Passing of Art Modell

When I was 14 my family and I watched the Browns beat the Colts 27-0 to win the NFL championship. Dr. Frank Ryan was at quarterback; Paul Warfield and Gary Collins at receiver; Ernie Green at running back; Leroy Kelly was running back kickoffs and punts; on the offensive line were Dick Schafrath, John Wooten, and Gene Hickerson; on defense, Galen Fiss, Jim Houston, Vince Costello, Jim Kanicki, Dick Modzelewski, Bill Glass, Bob Gain, and Paul Wiggin played on the line and at linebacker; from his cornerback position Bernie Parrish directed the aggressive play of the defensive backs; Lou Groza was still kicking, as he had since the end of World War II; and we had the incomparable Jimmy  Brown.

Art Modell owned that team and he owned the town.