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News outlets have noted a high probability that Perry v. Schwarzenegger will eventually become a “landmark” civil rights decision on par with Brown v. Board (1954) and Roe v. Wade (1973), consistent with Boies’s and Olson’s ultimate vision. “We acted together,” Boies commented in The Wall Street Journal, to emphasize that this is “not a liberal or conservative issue, but an issue of enforcing our Constitution’s guarantee of equal protection.” Indeed, as Olson echoed...

Author: By Avishai D. Don | Title: Indecent Proposal | 2/10/2010 | See Source »

...guarantee that a state cannot “deny to any person within its jurisdiction the equal protection of the laws.” But even more strikingly, if the Court upholds Prop 8, the ramifications would be much more devastating than a speed bump on the road to civil equality. If they affirm that Prop 8 and the Fourteenth Amendment are not mutually exclusive, they would, effectively, overturn the landmark decision in 1967 that made bans on interracial marriage unconstitutional...

Author: By Avishai D. Don | Title: Indecent Proposal | 2/10/2010 | See Source »

...Supreme Court obliterated their reasoning. Violation of the Equal Protection Clause, wrote Chief Justice Earl Warren, is related to “arbitrary and invidious discrimination,” regardless of the fairness with which punishments are distributed. Since marriage is one of the “basic civil rights of man” that is “essential to the orderly pursuit of happiness,” to deny this “fundamental freedom” to two people who love each other on such an arbitrary criteria as race is “directly subversive...

Author: By Avishai D. Don | Title: Indecent Proposal | 2/10/2010 | See Source »

...military court, vs. 42% for a civilian trial, according to the CNN poll. And 55% want Guantánamo to stay open, while 32% want it closed, according to a CBS poll. A surprising 51% of people surveyed in January said it was necessary to give up some civil liberties to make the country safer from terrorism...

Author: /time Magazine | Title: Counterterrorism: The Debate Moves Right | 2/10/2010 | See Source »

...public doesn't see shades of gray on these issues, and Obama has already retreated once on the question of civil liberties vs. security. That leaves Brennan arguing against some of the pro-civil liberties positions that Obama took on the campaign trail, while also countering new GOP positions well to the right of Bush. The White House is furiously disseminating data points to show that Obama is doing just what Bush did in the war on terrorism...

Author: /time Magazine | Title: Counterterrorism: The Debate Moves Right | 2/10/2010 | See Source »

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