Senate Panel Approves Nomination Of Loretta Lynch As Attorney General

Via the New York Times:

The Senate Judiciary Committee on Thursday approved Loretta E. Lynch to be the next attorney general, sending her nomination to the full Senate for what is likely to be a contentious vote. The panel voted 12 to 8 to advance Ms. Lynch, President Obama’s pick to replace Attorney General Eric H. Holder Jr. as the nation’s top law enforcement official, with all of the votes against her coming from Republicans. The full Senate will most likely vote in the next week or two. While praising Ms. Lynch’s credentials, Republicans made it clear that their objections to her nomination hinged on her belief in the legality of the president’s executive action on immigration, the same issue that has tied up the approval of funding for the Department of Homeland Security.

Republicans voting against: Grassley, Sessions, Cornyn, Lee, Cruz, Vitter, Purdue, Tillis. Republicans voting for: Graham, Flake, Hatch. The Tea People are already calling for the heads of the three "yes" voters.

Sen. Thom Tillis: Hand-Washing Regs Are Another Example Of Government Meddling

Tillis says that restaurants should be able to opt-out of hand-washing rules as long as they post a sign saying that they have done so. He didn't say if they should also be able to flout refrigeration, food storage, and pest control rules as long as they say they are.

NORTH CAROLINA: NOM & GOP Appeal Marriage Ruling To Fourth Circuit Court

Via Raleigh's News & Observer:

Within hours of a split ruling by a 6th U.S. Circuit Court of Appeals panel upholding gay marriage bans in four states, attorneys for North Carolina legislative leaders filed notice in the federal courts of their plans to appeal rulings in North Carolina that struck down a gay marriage ban. The court document, filed by John C. Eastman, a California lawyer and chairman of the National Organization for Marriage, outlines the plans of Phil Berger, president pro tem of the N.C. Senate, and Thom Tillis, speaker of the state House, to appeal a ruling in October by U.S. District Judge William Osteen Jr. that nullified a 2012 amendment to the state constitution defining marriage as a union between a man and a woman. Though Osteen allowed the legislators to intervene in the case on a narrow basis, Eastman’s notice states that the Republican legislative leaders do not believe that the federal district court put limits on their arguments during appeal.

Read the notice of appeal at Equality Case Files. NOM and the GOP were granted permission to intervene by the above court last month, although the court essentially told them they are wasting their time.

Brian Brown: GOP Won Because Of NOM

"Our two most prominent efforts to influence Senate contests were in North Carolina and Arkansas. The NOM Victory Fund spent over $200,000 in these races on television ads, direct mail and grassroots outreach to mobilize marriage supporters. When our TV ad and mailer hit in North Carolina, Thom Tillis trailed Kay Hagan by 2-3 points. Within days, we helped bring the race into a tie, and then working along with NC Values Coalition (which co-sponsored the ads and with whom we worked to pass the state’s marriage amendment in 2012) we helped mobilize grassroots marriage supporters to get to the polls. In what many consider the biggest upset of the night, Thom Tillis defeated Kay Hagan by two points, and marriage helped make the difference.

"Arkansas was also a race where marriage made a difference. When our TV ad began airing, marriage champion Tom Cotton led incumbent Mark Pryor by 7 points. Cotton ended up winning by seventeen points! Clearly, our advertising and grassroots efforts in that state helped to boost his margin of victory. We were able to mount very strong grassroots efforts that helped make a difference in a number of other races. For example, we helped sponsor (along with FRC Action and others) a multi-state bus tour to energize marriage supporters who went to the polls to elect Joni Ernst to the Senate in Iowa and Ben Sasse in Nebraska, as well as turnout supporters to help Gov. Sam Brownback and Sen. Pat Roberts win reelection in Kansas." - Hate group leader Brian Brown, writing for the Heritage Foundation's blog, Daily Signal.

NORTH CAROLINA: Anti-Gay State Rep. Tom Tillis Unseats Sen. Kay Hagen

NORTH CAROLINA: NOM Launches Lying Ad Campaign Against Sen. Kay Hagan

NOM has launched an attack ad campaign against US Sen. Kay Hagan, who is battling anti-gay state Rep. Thom Tillis, the leader of his state's bid to overturn same-sex marriage. NOM accuses Hagan of having "hand-picked" the judge that overturned Amendment One, but Jeremy Hooper points out that the judge was unanimously approved by the Senate. "Unanimous" includes North Carolina's GOP member of the Senate, but he is somehow innocent of destroying his state's families.

Matt Baume: Marriage News Watch

Clip recap: "We just picked up more states with the freedom to marry, and the number could continue increasing over the course of this week. But in several states, officials are blocking the start of marriage despite courts ruling against their bans. We'll have the details on how couples are fighting back. Plus, more bad news for the National Organization for Marriage. This time it's a ruling in Virginia that means they'll lose out on over half a million dollars."

Federal Court To GOP/NOM: You Can Intervene In North Carolina's Marriage Case, But You're Wasting Everyone's Time

United States District Court Judge William Osteen today ruled that the GOP/NOM legal team has the standing to appeal North Carolina's marriage equality case.

Osteen issued an order granting requests by House Speaker Thom Tillis and Senate leader Phil Berger seeking to intervene in the cases. Osteen's order follows a separate ruling Friday by U.S. District Court Judge Max O. Cogburn Jr. declaring the ban unconstitutional, triggering a rush of joyful same-sex couples getting legally married. "In reaching this conclusion, this court is not expressing an opinion on the relative merits or demerits of any appeal, only that there is an appeal right that a party with arguable standing and interest has sought to preserve," wrote Osteen, who was appointed to the bench by President George W. Bush.

But check out this smackdown towards the end of the ruling.

Notwithstanding some of the ongoing cases on a national level, this discussion is merely academic in this court. The United States Court of Appeals for the Fourth Circuit has issued its ruling in Bostic. As recognized by the district court in General Synod, this district court, sitting in North Carolina and the Fourth Circuit, is bound to apply that law. The parties to this case have the right to expect nothing less, whether they agree with the law or not. The issue presently before this court is solely whether to permit intervention for the purpose of preserving and taking an appeal. Although it is a very close issue, this court concludes that the motion to intervene should be granted, but only for the purpose of lodging an objection and preserving that objection to this court’s application of Bostic.

BOOM. Read the full ruling at Equality Case Files.

NORTH CAROLINA: Sen. Kay Hagan Tied With Thom Tillis In New Senate Poll

Via the Greensboro News & Record:

Incumbent U.S. Sen. Kay Hagan and House Speaker Thom Tillis continue to be in a close race among likely North Carolina voters, according to the latest High Point University Poll released Monday. About 40.4 percent of likely voters polled said they would vote for Republican Tillis if the vote were today. Democrat Hagan took 39.5 percent. “It’s a statical dead heat,” said Martin Kifer, director of the HPU poll. “It’s extremely close.” Libertarian candidate Sean Haugh got 7 percent in the HPU Poll. Thirteen percent of people said they were undecided.

The Hagan/Tillis race could decide whether the GOP gains control of the Senate.

NORTH CAROLINA: GOP Tells Federal Court It Has No Jurisdiction On Marriage

GOP leaders in North Carolina have filed their response in that state's marriage equality case, claiming that the federal court has no jurisdiction over state laws. Matt Comer reports at Q Notes:

Attorneys for state Speaker Thom Tillis and Senate President Pro Tempore Phil Berger filed their latest document shortly after 11:30 a.m. In it, the state GOP repeatedly says, “Intervenors lack knowledge or information sufficient to form a basis as to the truth of these allegations,” in response to claims of discrimination and harm caused to same-sex couples. Additionally, Tillis and Berger are arguing that a 1971-72 federal case, Baker v. Nelson, allows the state of North Carolina to continue discriminating against same-sex couples and tells the court it has no jurisdiction over the current cases.

“Intervenors deny that this Court has subject-matter jurisdiction over this matter,” the GOP’s answer reads. “Intervenors contend that this matter should be dismissed for want of substantial federal question.” In the Baker case, the Supreme Court upheld a lower court’s ruling affirming no right to same-sex marriage in Minnesota. Conservative lawyers and activists have often argued the case allows individual states to set their own marriage laws. Other legal experts, though, say last year’s decision in Windsor overrules Baker, applying equal protection to same-sex couples. Every affirmative decision for same-sex marriage since Windsor have said the same.

Dig into the full response. I'm betting the judge will take a very dim view of this tactic. (Tipped by JMG reader Kent)

NORTH CAROLINA: GOP & NOM Face Noon Deadline For Marriage Arguments

The Charlotte Observer recaps:

California law professor John Eastman took little time getting involved in the fight, filing motions in two of North Carolina’s marriage cases to give the General Assembly a role and more time to make its arguments. In a ruling Thursday night, U.S. District Judge William Osteen gave legislators only part of what they wanted – denying them the eight days they sought to review the files, and setting a noon Friday deadline for the Republicans to file expanded arguments. In an order submitted by Osteen late Thursday, the judge said the legislators had not persuaded him of their need for extra time. The legislators, Osteen said, “allege that additional time is required to ‘investigate the files and conduct appropriate research in order to adequately prepare the pleading.’” Osteen said he was aware that only a short time had passed since the Supreme Court decision, but “these cases have been pending for a lengthy period of time and the defendants have been clear in their position” that what happened in Virginia could determine what happened in North Carolina.

A local legal expert rants: "Are North Carolina taxpayers paying for this gambit? If so, they should be incensed because it is a pure waste. North Carolina cannot win." It seems possible that North Carolina could become this week's ninth state by the end of the day. It's certainly been that kind of week.

NORTH CAROLINA: Judge Denies GOP Attempt To Delay Ruling In Marriage Case

A federal judge tonight denied the GOP's attempt to delay a ruling in North Carolina's marriage case. Matt Comer reports at Q Notes:

On Thursday afternoon, state House Speaker Thom Tillis and Senate President Pro Tempore Phil Berger hired attorneys affiliated with the anti-LGBT National Organization for Marriage — the same group which funneled more than $400,000 into the 2012 anti-gay amendment campaign — to represent the state. In addition to their motion to intervene, the attorneys requested an extension of eight days to make their arguments against same-sex marriage. Late Thursday evening, U.S. District Court Judge William Osteen issued an order denying their request. “In light of the stage of this litigation, and the arguments and positions previously asserted by both parties to this case, this court does not find good cause to extend the time for filing a proposed Answer,” Osteen’s order read.

The judge gave them until noon tomorrow to file their motion to intervene. It looks like NOM chairman John Eastman won't have time to make very much money in North Carolina, even at $400/hr.

Berger spokeswoman Shelly Carver said Eastman has agreed to forgo his first $10,000 in legal fees. After that, he will be paid $400 an hour. American Civil Liberties Union of North Carolina legal director Chris Brook criticized the move as a waste of taxpayer funds. "The legislature has had more than a year to intervene in this matter if they felt their interests were not adequately represented, and failed to do so," said Brook, who represents nine same-sex couples seeking the freedom to marry and adopt children. "The result here is no longer in doubt. ... The legislature should quit playing politics by seeking to defend the indefensible." Tillis, who is running for U.S. Senate, said in a debate earlier this week he felt obligated to defend the will of North Carolina voters against "liberal activist judges" appointed by President Barack Obama.

Osteen, by the way, was appointed by George W. Bush. Snork! (Tipped by JMG reader Amber)

NORTH CAROLINA: GOP Hires NOM Chairman John Eastman To Fight Marriage

NOM chairman John Eastman has been hired by North Carolina's GOP leaders to fight the enactment of same-sex marriage. He's got a track record, people!

House Speaker Thom Tillis and Senate President Phil Berger reportedly have hired a conservative California legal expert to lead the effort. John Eastman, a former Republican candidate for attorney general in California, is the former dean of the Chapman University School of Law in Orange, Calif. He is also chairman of the board of the National Organization for Marriage, a group involved in the legal defense of traditional unions between a man and a woman. U.S. District Judge William Osteen notified the other parties in the case that Potter called Wednesday to say that the legislature “intends to file a motion to intervene” on Thursday. “The court will address that issue tomorrow (Thursday),” the judge’s office said in an email.

Questions to Berger’s office on the decision to hire Eastman and whether he will be paid were not immediately answered. In 2013, the General Assembly passed law giving its leaders the authority to mount their own defense when the state is sued. Lawmakers took the step after the attorney general in three other states announced they would no longer defend the state’s marriage laws. Osteen must approve any intervention by the legislators, and legal experts says there is no guarantee he will do so unless attorneys for the General Assembly can open some new legal argument. That appears unlikely, UNC law professor Maxine Eichner said this week. “There is nothing at issue that hasn’t already been decided,” she said.

(Tipped by JMG reader Rob)

Editorial Of The Day

The Charlotte News-Observer has taken a swipe at North Carolina House Speaker Thom Tillis over his opposition to enacting same-sex marriage. Tillis is attempting to unseat US Sen. Kay Hagan.

Write the check, Mr. Tillis. If you want to continue North Carolina’s defense of its same-sex marriage ban, even after the U.S. Supreme Court implicitly rejected it and other bans Monday, have at it. If you want to keep fighting a fight that for all practical and legal purposes has been decided, go for it. But pay for it. Don’t spend North Carolina’s money doing so. Don’t waste tax dollars on outside attorneys that N.C. lawmakers have said you can use to intervene “on behalf of the General Assembly” in legal challenges of state laws. That’s apparently what you’re planning, given your reaction Monday to the Supreme Court’s decision to let stand lower court rulings striking down same-sex marriage bans. One of those rulings, on a Virginia law, came from the 4th Circuit Court of Appeals. That decision applies to North Carolina, too.

In other words, Mr. Tillis: It’s over. You can disagree with the Supreme Court, but you should follow the lead of your attorney general Roy Cooper, who recognizes the legal futility of fighting. Better yet, look to your governor, Pat McCrory, who told reporters Monday that while he didn’t like the justices’ decision, he believes he must respect it. Any other course is a waste of time. It’s an irresponsible use of state resources. It’s a cynical play for conservative votes in your U.S. Senate race. It’s one last slap at homosexuals in North Carolina. It’s not, however, something that N.C. taxpayers should sponsor. If you want to keep up the battle, feel free. But write the check yourself. Or maybe your campaign can pick up the tab.

The above editorial has given local anti-gay activist Michael Brown an enormous case of the sadz.

In what sounded more like a gay activist screed in a high-school publication than a serious editorial in a major newspaper, the Charlotte Observer has officially declared war on people of faith and conservative moral values, mocking those who believe there is the slightest rational reason to resist the radical redefinition of marriage. Making no attempt to hide its disdain for the conservative, historic position, and gleefully mocking the views of the majority of North Carolinians, the editorial begins with three sentences ending in exclamation points – when is the last time you have seen that in a major editorial? – deriding the idea that there could be any negative consequences to redefining marriage.

Brown is infamous for leading hundreds of red-shirted Christians in their annual disruption of Charlotte Pride.