Friday, July 14, 2006

It's getting hard to find good law clerks for activist judges department: Eighth Circuit points out citation error in Judge Bataillon's Citizen for Equal Protection v Bruning decision while reversing this laughingstock of a juristCitizens for Equal Protection v. John Bruning 052604P.pdf 07/14/06 The good for gays and the victims of tyrannical sentencing judges the Honorable Joe Bataillon in throwing everything at the Nebraska marriage protection amendment(Art1 Section 29 ) but the kitchen sink appears to have incorrectly cited the constitutions bill of attainder provision, as the fundamentalist right wing Eighth Circuit Court of Appeals noted: "The district court also concluded “that Section 29 violates the Bill of Attainder( Art. I, § 9, cl. 3) Clause by singling out gays and lesbians for legislative punishment.” 368 F. Supp. 2d at 1005.4." Footnote 4: (District Judge Bataillon) cited Art. I, § 9, cl. 3, of the Constitution, a section that applies only to Congress. We assume the court meant to cite Art. I, § 10, which bars the Statesfrom passing bills of attainder. The two provisions are construed identically. See Crain v. City of Mountain Home, 611 F.2d 726, 728-29 (8th Cir. 1979); Kerr-McGee Chem. Corp. v. Edgar, 837 F. Supp. 927, 934 n.6 (N.D. Ill. 1993).

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