Tag Archive for Judicial Activism

More Activism In The Judiciary

Should The Judiciary Throw Away Michigan's Signature Gathering Standards Entirely? It Seems Ken Braun Thinks So.

petitionBy now most folks have heard that a federal judge has given John Conyer’s congressional career a new lease on life.

Kathy Koekstra accurately predicted that U.S. District Judge Matthew Leitman would give John Conyers his signatures based on a misplaced application of the First Amendment.  Judge Leitman wrote:

” .. the free speech rights of Conyers and the circulators were harmed, an argument pressed by the American Civil Liberties Union of Michigan.

There’s evidence that the failure to comply with the law was a “result of good-faith mistakes and that (circulators) believed they were in compliance with the statute,” the judge said.

Because the circulators were such involved voting citizens that they just forgot to register to vote. (or forgot where they lived)

You Betcha! (8)Nuh Uh.(1)

Federal Judge Nullifies First Amendment

Well, here it is. In the Case of Deboer v. Snyder, this is what Federal Judge Bernard Friedman has to say on the issue:

JUDGMENT

The Court in this matter has issued its Findings of Fact and Conclusions of Law. In accordance therewith,

IT IS ORDERED AND ADJUDGED that judgment be and is hereby granted for plaintiffs and against defendants.

IT IS FURTHER ORDERED AND ADJUDGED that defendants are hereby permanently enjoined from enforcing the Michigan Marriage Amendment and its implementing statutes, as they conflict with the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution.

.

Look this decision didn’t really surprise me.

No, it wasn’t because of the other decisions around the country.

Personally, I didn’t feel that they were relevnt to what was being decided here in Michigan.

What did catch my attention though, was this little blurb I found when reading up on the background of this case.

“Judge Bernard Friedman encouraged two Detroit-area lesbians who are raising three children to file a legal challenge to Michigan ban on gay marriage.”

Hmmmm.

Why would a judge, someone who is supposed to be impartial, be advising someone appearing before him to expand the scope of the case they are bringing?

Personal agenda, perhaps?

Stay tuned.
You Betcha! (11)Nuh Uh.(4)