The rise of the liberal-judicial complex: The Obama precedent

Who needs a majority when you can simply game the legal system? Photo: AP Photos

WASHINGTON, September 18, 2013 — What do liberal activists do when the people stand up and block their left wing agenda?

They figure out a way to ignore the will of the people.

SEE RELATED: DOMA and Prop 8: The Supreme Court’s radical conservatism

President Obama is a master of this technique, and the next incarnation of that strategy may be coming in Virginia.

Why Virginia?

Virginia has a constitutional ban on same-sex marriages. The voters of the Commonwealth overwhelmingly approved the ban several years ago. That has not stopped liberal activists who want a court to strike it down.

2013 is election year in Virginia. The governor, lieutenant governor and attorney general are all on the ballot. The Democrats all want to strike down to ban on same sex marriages.

SEE RELATED: SIEGEL: DOMA and Prop 8: Are the courts replacing democracy?

The Obama Precedent is the tool they will use to try and destroy the constitutional amendment that was approved by Virginia voters.

In 2011, the Obama Administration announced it would not defend against a lawsuit aimed at overturning the Defense of Marriage Act (DOMA). That law prevented the federal government from recognizing same-sex marriages. Obama could not prevail in Congress with a full repeal of the law, despite a Democratic super majority in Congress from 2009 to 2011. Ultimately, the House of Representatives hired a law firm to defend the law.

California’s voters passed Proposition 8 in November, 2008. That was a constitutional amendment that defined marriage in California as being between one man and one woman. The law was challenged and affirmed in California courts, but it was finally overturned in the U.S. District Court for the Northern District of California by a gay federal judge. Governor Jerry Brown and Attorney General Kamala Harris, both Democrats, announced afterterward that they would not defend Proposition 8 any further. They had gotten the ruling they wanted and were happy to let the law die.

A group of plaintiffs intervened and tried to defend Prop. 8. On June 26, 2013, the Supreme Court ruled that the intervening plaintiffs did not have standing to intervene. Therefore the dismissed the appeal and directed the Ninth Circuit Court of Appeals to vacate its ruling in support of the District Court. This returned the case to the District Court, which had already declared Proposition 8 unconstitutional.

In short, by refusing to defend a lawsuit, the Democrats got what they wanted and thwarted the will of the people.

The same strategy is now about to play out in Virginia. 

At least two lawsuits have been filed to overturn Virginia’s constitutional ban on same sex marriage. Republican candidate for attorney general Mark Obenshain has vowed to defend the law. Mark Herring, the Democratic candidate, hasn’t said what he would do, but he has hinted that he would follow the Obama Precedent. 

This is the new left wing strategy and it is dangerous to a constitutional republic. We have seen this in a limited scale on the so-called “sue and settle” law suits that environmentalists have filed and then settled by the EPA on consent orders with generous terms. Those consent orders bind future administrations. 

Now, the left does not need a majority of the people or even a majority of the legislature. All they need is control of the governor’s mansion or the White House and if it is a state, possibly the Attorney General’s office. Then any law the left does not like is subject to immediate revocation, simply with the filing of a lawsuit and the refusal of the government to defend it.

There is a good word for this and it is not liberty.

The word is tyranny.

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More from Judson Phillips: Cold, Hard Truth
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Judson Phillips

Judson Phillips is the founder of Tea Party Nation, one of the largest Tea Party Groups in the country and the number one national tea party site on the Internet.

A lawyer by profession, Judson has been involved in politics since his teens. “Ronald Reagan inspired me,” he says.

Judson became involved in the Tea Party movement in February 2009 after hearing Rick Santelli’s rant on CNBC.   “I heard there was going to be a Tea Party in Chicago inspired by Santelli, but didn’t know if anyone was doing a rally in Nashville where I was based.  Finally I emailed Michelle Malkin and asked her if there was a Tea Party in Nashville.  Malkin sent an email back saying, ‘No, why don’t you organize one?’  I did.”

The first Tea Party in Nashville was held late February 2009 which drew a crowd of about 600. Judson then organized the Tax Day Tea Party in Nashville, which drew over 10,000 people into downtown.   It was at this time that Tea Party Nation was formed.  Later that year, Judson decided to bring activists from across the country together, so he organized the first National Tea Party Convention in February 2010, which featured Alaska’s former Governor and Republican Vice Presidential Nominee, Sarah Palin as it’s keynote speaker.

He currently manages the Tea Party Nation website, writes several daily columns and is working on more projects than any one person should.  He is a frequent guest on cable and broadcast news shows, including on Fox, MSNBC, CNN and others.

Contact Judson Phillips


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