Roy Moore Archives - Mark Rubin

Same Sex Marriage; The Battle Continues

GOP Texas Judge Will Only Marry Same-Sex Couples If They Sign a Form Saying He’d Rather Not is the headline from a short report by Caitlin Cruz for Talking Points Memo. Denton County Judge James DePiazza told a television station

It’s my personal belief that individuals who want to conduct a marriage ceremony understand my convictions. If it was me, I would prefer to have someone who was in agreement with me.

I’m suspect Judge DePiazza’s religious beliefs form the basis for his position. I’ll allow for the possibility that he just wants a defense against someone who runs to his Religious Right in the next election, claiming he’s a bad man for marrying “those people.” One way or another,

Standing to Sue/The Supremacy Clause

February 16, 2015

Mark Rubin

In all lawsuits, plaintiffs must have standing to sue. In federal court there must be: (a) a controversy which falls within the ambit of cases the federal courts can hear; and (b) a plaintiff suffering from or having the potential to suffer a real and direct injury. Without these two conditions you can’t sue.

Further, standing is necessary when a suit gets filed and during the entire process. If the risk of a direct injury when you sued goes away—because, for example, your status changes or a law you are complaining about gets repealed—your suit cannot go forward.

So standing has become an issue in King v. Burwell, the case challenging Obamacare subsidies. Here’s Cristian Farias at New

Alabama, judges, King v. Burwell, Roy Moore, same sex marriage, standing

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