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Story ID:10615
Written by:Frederick William Wickert (bio, link, contact, other stories)
Story type:Musings, Essays and Such
Location:Washington DC USA
Person:Supreme Court
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By Fred Wickert

In two previous essays I posted in Ourecho, (SATAN AT WORK, story ID#10594 and CHRISTIANS UNDER ATTACK, ID#10605) I pointed out that I believed the Supreme Court in the gay marriage ruling had been unethical and illegal or unconstitutional.

Now two renowned Constitutional law experts, Herbert W. Titus and William J. Olson, have written an open letter to the attorneys General, Governors and law makers of Michigan, Ohio, Tennessee and Kentucky, pleading with them to file a request for a rehearing before the Supreme Court on the decision that required “same sex marriage,” across the entire nation.

Why? Because Ruth Ginsburg and Elana kagan acted , “unethically and unlawfully” in participating in the case after publicly taking a position on the outcome.

Titus taught Constitutional Law for 26 years and concluded his academic career as founding dean of Regent Law School. Olson served in three positions in the Ragan administration. Together they have filed more than 80 briefs before the U.S. Supreme Court.

They explain that only officials from the four states are allowed to file for rehearing. The deadline is July 21st. Just three days from now. They explain there are two critical factors. “ Whether some of the justices participating in that decision did so unlawfully, and the limitations set out by Justice Kennedy in that decision.

The participation by justices Ginsburg and Kegan in the Obergefell decision, violated federal judicial ethics, and a federal statute. These two justices were under a duty to recuse and not participate in that decision. Without their two votes in favor of same sex marriage, the vote in favor of traditional marriage in those states would have been four to three, with two justices not participating. Until the decision was issued the American people had no way of knowing if they were going to recuse. Now that the decision has been issued we know that they did participate – unethically and unlawfully.”

Two motions to recuse were filed with the U.S. Supreme Court but were never ruled upon. Neither motion was even posted to the docket sheets, until the court was embarrassed for failure to post them. Even then, only one shows up on the docket sheets, mislabeled as a request rather than as a motion.

If ethics and the law had been obeyed and adhered to, the two justices would have had to have been recused and the final vote in the Supreme Court would have been four to three in favor of traditional marriage.

I guess it isn’t over just yet. Will the four states file for a rehearing by the July 21st deadline? If they do, will the court agree to hear it? Only time will tell. For the moment we will have to wait and see.

Why were the two motions for recusal never put on the docket? That needs to be explained. I believe the American people deserve an explanation.

How can we have two justices disregard the ethics required by the court rules and it be ignored? How can the two justices ignore the law that requires them to recuse themselves and not be impeached from the court? I don’t know but I believe the American people deserve an explanation.

Will justice be done? Will integrity return to the court? I don’t know. I do know that I am not holding my fingers crossed. I also know President Obama will never demand it. That is predictable.

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