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Thursday, December 3, 2015

Kim Davis' favorite judge

Judge Richard Posner- one of the brightest conservative judges in America, and an appointee of Ronald Reagan, considers Justice Scalia's claims of being an "originalist"- treating the world as if it is always 1787 when constitutional issues are involved.

In this quote, Posner nails what "religious freedom restoration" laws are all about:

"Obergefell seems to obsess him. In a speech at Rhodes College in Memphis, he said that the decision represents the “furthest imaginable extension of the Supreme Court doing whatever it wants,” and that “saying that the Constitution requires that practice” — same-sex marriage — “which is contrary to the religious beliefs of many of our citizens, I don’t know how you can get more extreme than that.” The decision, he said, “had nothing to do with the law.”

"The suggestion that the Constitution cannot override the religious beliefs of many American citizens is radical. It would imply, contrary to the provision that forbids religious tests for public office, that religious majorities are special wards of the Constitution. Justice Scalia seems to want to turn the Constitution upside down when it comes to government and religion; his political ideal verges on majoritarian theocracy."

http://www.nytimes.com/2015/12/03/opinion/justice-scalias-majoritarian-theocracy.html?emc=edit_ty_20151203&nl=opinion&nlid=54473039&_r=0

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