I've gone from seeing this as an offensive argument grounded in thinly disguised antigay prejudice to appreciating the awesome consequences it would have for jurisprudence. The US Supreme Court regularly decides cases that address the rights that all Americans have. So in order to make sure that those decisions were made by impartial justices, we'd have to put foreigners whose rights wouldn't be affected on the Supreme Court. But that might not be enough. Since some Supreme Court decisions address the human rights of both Americans and foreigners, impartiality requires that we assign those decisions to animal judges.
Tuesday, April 26, 2011
Adam Serwer had a very nice post up about the Prop 8 supporters and their claim that a gay judge in a long-term relationship is uniquely unable to rule impartially about same-sex marriage, and Kevin Drum brings the snark...but the coveted CotD goes to Neil Sinhababu: