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Eric Holder is Obama’s lawless lawyer

Eric Holder is Obama’s lawless lawyer

Attorney General Eric Holder advises state AGs that they may disregard their oaths of office:

Holder said state attorneys general do not have to enforce laws they disagree with, specifically when it comes to the issue of gay marriage.

It is highly unusual for the United States attorney general to advise his state counterparts on how and when to refuse to defend state laws. But Mr. Holder said when laws touch on core constitutional issues like equal protection, an attorney general should apply the highest level of scrutiny before reaching a decision on whether to defend it. He said the decision should never be political or based on policy objections.”

That last sentence is Holder’s idea of an Orwellian joke.

A state attorney general is sworn to uphold and defend the laws of the state the AG serves. If he/she can’t do that, resignation makes sense.

Better yet, stay and uphold the oath of office by defending the law competently in an appeal. That way the issue will have its day in a higher court with a proper defense, so that the higher court can decide the law’s constitutionality and determine how that particular case stands in terms of a “core constitutional issue” such as equal protection, especially in regard to a relatively new and evolving area such as gay marriage.

An AG is not a judge. If an AG wants to become an appeals court judge and decide such questions, he/she is free to attempt to do so. AGs have some discretion, of course, in the cases they choose to prosecute in their own state. But they should not have such wide discretion in choosing whether or not to defend a never-declared-unconstitutional law passed by their own state. And the AG of the US should not be encouraging them to choose not to defend such laws, either.

Eric Holder must know that. And the fact that he is ignoring it and dictating otherwise to state AGs – a highly unusual action for a US Attorney General, as even the NY Times admits) – is in fact “political and based on policy objections.”

Disgraceful, and yet so typical of this administration.

(Featured image: CBS News video)

[Neo-neocon is a writer with degrees in law and family therapy, who blogs at neo-neocon.]

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Comments

I actually have some sympathy for the idea of following a higher duty, though I agree that resigning is a more honorable approach than breaking the oath of office.

The “having its day in court” argument, given our current lousy courts, is what sounds like an orwellian joke.

On the other hand, when Holder, the most political AG in history, says decisions should not be political, I have to conclude he’s just BSing anyway.

    Juba Doobai! in reply to irv. | February 28, 2014 at 9:11 pm

    What higher duty is that? The AG’s highest duty is to follow the law, even when he disagrees with it, until it is changed by lawful means. If he wants to follow a higher duty, he should resign and join a church. Even then, he’ll find that there is no higher duty to homosexuality, to homosexuals, yes, but not to what they do. Even then, the higher duty is to love homosexuals while rejecting homosexuality.

The shiny new “My Brother’s Keeper” program Pres. ScamWOW announced really is JUST that.

It is for brothers only. Not any other racial group.

As Ed Driscoll has said, “We are at Peak Orwell”.

That’s fine with me.

Just as long as they give me the same discretion on obeying the laws they want to enforce.

    Musson in reply to rinardman. | February 28, 2014 at 8:59 am

    Exactly.

    Civil disobediance comes at a price – else it is just throwing a tantrum. If Attorney’s General feel they should disobey their oath of office, I salute them. Just honorably accept the consequences of your decision. And, accept that staying in office is not an honorable choice.

    Juba Doobai! in reply to rinardman. | February 28, 2014 at 9:13 pm

    Don’t wait for them to give it to you, take it. I guess I’ll be going to jail sometime cuz I refuse to sign up for Obamacare, and I refuse to pay the tax for refusing.

This is the same Attorney general who does not understand the definitions of “precedent” and “jurisdiction.”

How did he ever get through law school?

I heard passing reports that Holder was taken to the hospital yesterday with breathing difficulties and chest pain, but I haven’t heard anything since. I don’t suppose…..

SAGs in the wrong states will draw back a nub if they try that. Nothing Holder can do to protect them other than give them a few million of our money and laugh at us.

If the GOP had any balls, they’d impeach both Obama and Holder.

From my layman’s perspective:

1. The current and previous Attorneys General of the State of California accepted money to represent a client (the people of California).

2. While accepting that money, they refused to represent said client in a lawsuit (the Prop 8 challenge).

3. As a result of their inaction, their client lost the suit because the court ruled that only the attorney’s office on record was legally allowed to represent the client.

So why are lawyers allowed to get away with this? Shouldn’t there be some mechanism to sanction them?

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