Mass Resistance: DeWine Can and Should Demand Same-Sex ‘Marriage’ Ruling Be Thrown Out Over Ginsburg’s and Kagan’s Failure to Recuse Themselves
The folks at Mass Resistance, who have been fighting the good fight for well over a decade, make great points which, in normal times, would win the day in a court of law.
But these aren’t normal times, and their strategy is at best a longshot. Even so, does Mike DeWine have the courage to at least try what they have suggested? His reaction in the wake of the June 26 same-sex “marriage” ruling provides no comfort.
What’s there to lose? Really nothing.
What’s there to be afraid of?
John Kasich’s anger, because the attempt might affect his presidential aspirations? Too bad, so sad.
The effect on DeWine’s possible gubernatorial aspirations? Seems like he’d finally be a hero instead of a near-pariah to the hundreds of thousands, if not couple of million, of Ohioans who are so sick of the political process — because nobody stands behind their beliefs — that they gone into apathy.
It certainly couldn’t hurt to give 5 minutes to telling Mike DeWine to find a pair and get aggressive if he really thinks legalizing same-sex “marriage” is a mistake:
Ohio Attorney General Mike DeWine: 800-282-0515
Email: firstname.lastname@example.org (his assistant)
Tell him: “File the motion for a Supreme Court re-hearing!”
Let him know that if he capitulates on “gay marriage” he can expect your opposition in any political race he runs in again.
Please tweet this out on your Twitter account (copy and paste):
@OhioAG please file a Motion for Rehearing Obergefell v. Hodges immediately! #nullifySCOTUS http://hrefshare.com/8b3cd
Here is the Mass Resistance argument:
SCOTUS re-trial on marriage issue? It’s possible if GOP doesn’t cave in.
ACTION info below!
POSTED: July 9, 2015
It’s not completely over yet. But a group of treacherous and cowardly Republican politicians are standing in the way. A new fight is on, and everyone’s help is needed.
Prominent pro-family figures, some GOP presidential candidates, and hundreds across the country are pressing Ohio Attorney General Mike DeWine to formally file for an appeal hearing on the US Supreme Court’s 5-4 “gay marriage” ruling handed down on June 26.
According to the Court’s published rules, within 25 days of a ruling a party can ask the Court for a “rehearing” of a case on pertinent issues that would merit an appeal. The issue of “merit” here is that Justices Kagan and Ginsburg – both of whom ruled “for” same-sex marriage — were clearly required by Federal law to recuse themselves from this case.
Kagan and Ginsburg’s actions and statements mandate recusal
The right of impartial court proceedings is the very basis of the entire American system of justice – from the lowest court to the Supreme Court. Thus, federal law 28 U.S. Code § 455 states:
Any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.
During the year prior to the Supreme Court case, Justices Ruth Bader Ginsburg and Elena Kagan publicly performed same-sex “weddings.” At one such event, Ginsburg told people that the acceptance of same-sex “marriage” reflected “the genius of our Constitution.” Ginsburg also told Bloomberg Business News that she thought that Americans were ready for gay marriage.
Kagan’s aggressive advocacy for LGBT “rights” goes back to her years as Dean of Harvard Law School (2003-2009), and is thoroughly documented in our MassResistance report.
Supreme Court Justices are usually scrupulous in avoiding the appearance of impropriety. They regularly recuse themselves from cases based on relatively mundane issues, such as comments they’ve previously made, involvement by relatives in peripheral issues, and past employment. Kagan has recused herself from several cases involving the government because she served as Solicitor General. But this case clearly is very emotionally connected to the worldview of Kagan and Ginsburg.
If you’re on the home page, the group’s argument continues af the jump.