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 Âthat Section 29 violates the Bill of Attainder( Art. I, Â§ 9, cl. 3) Clause by singling out gays and lesbians for legislative punishment.Â 368 F. Supp. 2d at 1005.4." Footnote 4: (District Judge Bataillon) cited Art. I, Â§ 9, cl. 3, of the Constitution, a section that applies only to Congress. We assume the court meant to cite Art. I, Â§ 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).