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Old 06-10-2009, 03:29 PM   #2
Strangler Lewis
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Well, I watched it finally. Or some of it, anyway. I think some of the points are overstated. For example, it's pretty rare for a justice department, state or federal, not to defend the constitutionality of government action when it's challenged. Dan Lungren did that some years ago as California AG when he refused to defend the constitutionality of the Unruh Act against a claim by a landlord that being forced to rent to an unmarried couple infringed their freedom of religion. While the landlords (wrongly) won, Lungren looked more political than principled in doing that.

It's also a little dicey to tell prosecutors not to enforce a law that's on the books that they're used to enforcing.

That said, if somebody sticks a mike in Obama's face on the subject, he should say that he'll do what he can to repeal this and then do it.
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