Tue Mar 29, 2016, 11:54 AM
Kelvin Mace (17,469 posts)
Senate leader to attorney general: Defend LGBT law or resign
Source: Greensboro News & Record
A top legislative Republican says North Carolina's Democratic attorney general should resign if he won't defend a far-reaching new state law that in part voids Charlotte's anti-discrimination ordinance. Senate Leader Phil Berger said Tuesday that Attorney General Roy Cooper appears to be pandering to left-wing backers as he runs for governor against incumbent Republican Gov. Pat McCrory. Berger says Cooper's campaigning is making it impossible for him to fulfill his duties as attorney general. Berger issued a statement after Cooper said he won't defend in court the new state law that prevents local governments from adopting anti-discrimination measures for lesbian, gay, bisexual and transgender people. Cooper says in response to Berger's comments that he's doing his job and will keep doing it. Read more: http://www.greensboro.com/news/government/attorney-general-cooper-won-t-defend-transgender-law-in-court/article_ba5c8e64-85cc-525e-a229-ccd2ac1f8e7e.html This will get interesting. Maybe this will help us break the state free from Art Pope and his employees this November.
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43 replies, 4592 views
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Author | Time | Post |
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Kelvin Mace | Mar 2016 | OP |
Gothmog | Mar 2016 | #1 | |
Kelvin Mace | Mar 2016 | #2 | |
wilt the stilt | Mar 2016 | #3 | |
DrToast | Mar 2016 | #42 | |
mahatmakanejeeves | Mar 2016 | #4 | |
Coolest Ranger | Mar 2016 | #5 | |
Duval | Mar 2016 | #10 | |
closeupready | Mar 2016 | #6 | |
Mustellus | Mar 2016 | #7 | |
Kelvin Mace | Mar 2016 | #13 | |
NCjack | Mar 2016 | #8 | |
bluestateguy | Mar 2016 | #9 | |
obamanut2012 | Mar 2016 | #25 | |
lark | Mar 2016 | #11 | |
Kelvin Mace | Mar 2016 | #12 | |
lark | Mar 2016 | #15 | |
Kelvin Mace | Mar 2016 | #16 | |
vkkv | Mar 2016 | #14 | |
longship | Mar 2016 | #21 | |
Fortinbras Armstrong | Mar 2016 | #29 | |
branford | Mar 2016 | #30 | |
staggerleem | Mar 2016 | #17 | |
Myrina | Mar 2016 | #18 | |
Kelvin Mace | Mar 2016 | #20 | |
SunSeeker | Mar 2016 | #23 | |
mountain grammy | Mar 2016 | #19 | |
blackspade | Mar 2016 | #22 | |
obamanut2012 | Mar 2016 | #24 | |
Eleanors38 | Mar 2016 | #26 | |
dlwickham | Mar 2016 | #27 | |
dbackjon | Mar 2016 | #28 | |
FreedomRain | Mar 2016 | #32 | |
47of74 | Mar 2016 | #43 | |
FreedomRain | Mar 2016 | #31 | |
Kelvin Mace | Mar 2016 | #34 | |
branford | Mar 2016 | #39 | |
Dont call me Shirley | Mar 2016 | #33 | |
Bluenorthwest | Mar 2016 | #35 | |
jeff47 | Mar 2016 | #37 | |
Tempest | Mar 2016 | #36 | |
jeff47 | Mar 2016 | #38 | |
branford | Mar 2016 | #40 | |
Initech | Mar 2016 | #41 |
Response to Kelvin Mace (Original post)
Tue Mar 29, 2016, 12:03 PM
Gothmog (76,121 posts)
1. North Carolina is going to lose this lawsuit
Response to Gothmog (Reply #1)
Tue Mar 29, 2016, 12:04 PM
Kelvin Mace (17,469 posts)
2. Yep
and cost the state a bunch of money in the process.
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Response to Kelvin Mace (Original post)
Tue Mar 29, 2016, 12:07 PM
wilt the stilt (4,528 posts)
3. I believe he said the same thing
to that nut in KY.
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Response to wilt the stilt (Reply #3)
Wed Mar 30, 2016, 12:47 PM
DrToast (5,072 posts)
42. Different Senate leader
Response to Kelvin Mace (Original post)
Tue Mar 29, 2016, 12:09 PM
mahatmakanejeeves (25,857 posts)
4. Roy Cooper
Last edited Tue Mar 29, 2016, 01:27 PM - Edit history (1) is the guy who took over the Duke lacrosse case from Mike Nifong. Here he is dismissing the charges:
Here is last week, commenting on the new legislation. Hat tip, Joe.My.God: |
Response to Kelvin Mace (Original post)
Tue Mar 29, 2016, 12:15 PM
Coolest Ranger (2,034 posts)
5. Like Roy Cooper
is going to bow to your pressure. I can't wait to vote for Roy Cooper in the fall
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Response to Coolest Ranger (Reply #5)
Tue Mar 29, 2016, 01:02 PM
Duval (4,280 posts)
10. Me, too!
Roy Cooper will hold steady.
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Response to Kelvin Mace (Original post)
Tue Mar 29, 2016, 12:26 PM
closeupready (29,503 posts)
6. Fuck that. No deal.
Response to Kelvin Mace (Original post)
Tue Mar 29, 2016, 12:39 PM
Mustellus (212 posts)
7. Doesn't a Democratic Official have the Religious Freedom (TM)...
.... to refuse to do his job too? Just like a Republican?
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Response to Mustellus (Reply #7)
Tue Mar 29, 2016, 01:07 PM
Kelvin Mace (17,469 posts)
13. excellent point!
Response to Kelvin Mace (Original post)
Tue Mar 29, 2016, 12:54 PM
NCjack (5,238 posts)
8. Time to make another to Cooper2016 campaign. /nt
Response to Kelvin Mace (Original post)
Tue Mar 29, 2016, 12:56 PM
bluestateguy (44,173 posts)
9. Or
Or he could deliberately put on a Keystone Cops incompetent defense in court.
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Response to bluestateguy (Reply #9)
Tue Mar 29, 2016, 02:18 PM
obamanut2012 (16,663 posts)
25. Totally unethical -- he would deserve to lsoe his law license for that
He's been one of the good guys for a long time now, and he is doing this the right way!
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Response to Kelvin Mace (Original post)
Tue Mar 29, 2016, 01:03 PM
lark (13,879 posts)
11. Asshole!
How about the attorney general supports the law of the country and not some backhand attempt at making discrimination OK?
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Response to lark (Reply #11)
Tue Mar 29, 2016, 01:06 PM
Kelvin Mace (17,469 posts)
12. Ummm, you do understand that he IS defending LGBT rights
By refusing to defend the law?
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Response to Kelvin Mace (Reply #12)
Tue Mar 29, 2016, 01:11 PM
lark (13,879 posts)
15. Yes, certainly do.
I was calling the person (being nice) who wanted him to enforce lgbt discrimination an asshole, not the AG. He's the good guy in this. Sorry I wasn't clear who I was calling the ass.
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Response to lark (Reply #15)
Tue Mar 29, 2016, 01:15 PM
Kelvin Mace (17,469 posts)
16. Cool, just wanted to be sure
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Response to Kelvin Mace (Original post)
Tue Mar 29, 2016, 01:09 PM
vkkv (3,384 posts)
14. The new law is not constitutional, it's an illegal law. A state AG is not obligated to defend.
The same thing happened here in Calif. re: anti- same sex marriage Prop 8.
I think it was then State AG Jerry Brown who would not defend it in court even though it actually passed a popular vote in a general election. Gawd that Prop 8 was embarrassing for lefty Californians.. Lot's of out of state money came in on that one... |
Response to vkkv (Reply #14)
Tue Mar 29, 2016, 01:36 PM
longship (40,416 posts)
21. Yes, and the LDS church helped pass Prop 8.
They were all over the state poking their sticky fingers into things. What did they think? That CA was UT?
Nevertheless, they helped get it passed. Amazingly. I lived in Ontario, CA at the time. My whole family voted against it. But the Mormons were all over the place lobbying for it. Thankfully it did not last long. ![]() |
Response to longship (Reply #21)
Tue Mar 29, 2016, 02:48 PM
Fortinbras Armstrong (3,907 posts)
29. The Catholic Archbishop of San Francisco, Salvatore Cordileone
Was also a strong supporter of Prop 8. The man is a flaming homophobe.
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Response to vkkv (Reply #14)
Tue Mar 29, 2016, 02:52 PM
branford (4,462 posts)
30. Not necessarily.
Cooper doesn't appear to be claiming that the law is actually unconstitutional, but rather that it's a "national embarrassment" and bad for the economy. It seems he can legally defend the law, but just doesn't want to. That might be a big problem for a public servant.
If Cooper's asserted basis for refusing to discharge the duties of his office is just that he doesn't like a law, no matter how strong his feelings or how much we might agree, rather than proffering a strong legitimate basis for its unconstitutionally, he might find himself and his office is in a great deal of trouble in court. If that's the case, a court could publicly admonish him, direct other attorneys from the state AG's office to defend the law, and warn that his interference in such defense or anything less than unequivocal zealous representation will result in sanction. At the very least, the state AG might need to fund private counsel's defense of the law on behalf of the legislature. In any event, if the legislature so wishes, the statute will be properly defended in court. |
Response to Kelvin Mace (Original post)
Tue Mar 29, 2016, 01:22 PM
staggerleem (469 posts)
17. If you won't defend the law that's gonna cause Major Corporations to run away from our state ...
... then you can go run after them!
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Response to Kelvin Mace (Original post)
Tue Mar 29, 2016, 01:22 PM
Myrina (12,296 posts)
18. .... shouldn't the same apply to Kim Davis in Kentucky?
Do your job or resign?
How come it never came to that?? /rhetorical question |
Response to Myrina (Reply #18)
Tue Mar 29, 2016, 01:35 PM
Kelvin Mace (17,469 posts)
20. Well, to be fair, that demand was made when she refused by many here
The difference is she had no discretion about her job, but Cooper does. A county clerk does not get to pick and choose what laws to obey. A state AG, however, does have discretion about defending/pursuing law suits.
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Response to Myrina (Reply #18)
Tue Mar 29, 2016, 01:41 PM
SunSeeker (37,088 posts)
23. The AG is only required to defend Constitutional laws.
Indeed, as an attorney and officer of the court, he is precluded by ethics rules to present a sham defense of a law he knows is unconstitutional. The ant-LGBT law is unconstitutional on its face.
Kim Davis is only required to comply with Constitutional laws. However she, like the AG, must comply with the Constitutional requirements of their job, which in her case include issuing marriage licenses in a nondiscriminatory manner. She failed to do that. She should have been fired. |
Response to Kelvin Mace (Original post)
Tue Mar 29, 2016, 01:25 PM
mountain grammy (20,803 posts)
19. Yeah, like Phil Berger doing his job
passing unconstitutional laws.
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Response to Kelvin Mace (Original post)
Tue Mar 29, 2016, 01:36 PM
blackspade (10,056 posts)
22. Attorney General to Senate leader: Go fuck yourself
"Berger says Cooper's campaigning is making it impossible for him to fulfill his duties as attorney general." Says the asshole that can't fulfill his duties as a Senate leader because of his feeble intelligence. |
Response to Kelvin Mace (Original post)
Tue Mar 29, 2016, 02:16 PM
obamanut2012 (16,663 posts)
24. Cooper has been one of the good guys for a long time now
I've voted for him.
I hope he is NC's next Governor. |
Response to Kelvin Mace (Original post)
Tue Mar 29, 2016, 02:22 PM
Eleanors38 (18,318 posts)
26. The sweet smell of testosterone surprises and confuses the Far Right.
Response to Kelvin Mace (Original post)
Tue Mar 29, 2016, 02:32 PM
dlwickham (3,316 posts)
27. Give a half assed defense to shut the right wingers up
He'd be doing his job
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Response to Kelvin Mace (Original post)
Tue Mar 29, 2016, 02:45 PM
dbackjon (6,578 posts)
28. Is he saying the same thing to his US Senators that refuse to do their job?
Response to dbackjon (Reply #28)
Tue Mar 29, 2016, 03:57 PM
FreedomRain (413 posts)
32. first thing I thought of too.
nt
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Response to dbackjon (Reply #28)
Wed Mar 30, 2016, 12:52 PM
47of74 (17,445 posts)
43. I doubt it.
Of course for these teafucklicans racism is a valid excuse for not doing their goddamn jobs.
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Response to Kelvin Mace (Original post)
Tue Mar 29, 2016, 03:56 PM
FreedomRain (413 posts)
31. Can't he just appoint someone with the right credentials and will to defend it?
nt
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Response to FreedomRain (Reply #31)
Tue Mar 29, 2016, 03:59 PM
Kelvin Mace (17,469 posts)
34. I would think not
No good lawyer is going to take a case that is prima facia unconstitutional.
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Response to Kelvin Mace (Reply #34)
Tue Mar 29, 2016, 06:07 PM
branford (4,462 posts)
39. How is it "prima facie unconstitutional,"
and where did Cooper ever make such a claim?
As an attorney, I can assure you that just because a law is bad or offensive does not render it unconstitutional or even necessarily contrary to federal law. Despite the wishes of the some government and private organizations and most people on DU (including myself), it has not been established in the courts that the Equal Protection Clause or other constitutional provisions protect access to restrooms and similar areas based on gender identity, nor does federal discrimination law explicitly protect transgender individuals. Although some lower courts have tried to interpret current law to do so, they are in the clear minority. In fact, segregation based on sex in lavatories, lockers and similar locations has generally been recognized as a legitimate exception to sex nondiscrimination statutes. Lastly, absent the rare provisions in a state constitution, state legislatures can, and very often do, preempt laws of cities and towns. |
Response to Kelvin Mace (Original post)
Tue Mar 29, 2016, 03:58 PM
Dont call me Shirley (10,998 posts)
33. Threats now, Bigot Phil.
Response to Kelvin Mace (Original post)
Tue Mar 29, 2016, 04:26 PM
Bluenorthwest (45,319 posts)
35. 5 Democrats voted for that atrocity.
nt
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Response to Bluenorthwest (Reply #35)
Tue Mar 29, 2016, 05:16 PM
jeff47 (26,549 posts)
37. Actually, 12 Democrats voted for it.
Passage was guaranteed due to roughly 2/3rds Republican majority, so they probably thought a little pandering to the fainting couch brigade wouldn't be bad.
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Response to Kelvin Mace (Original post)
Tue Mar 29, 2016, 05:12 PM
Tempest (14,591 posts)
36. Attorney General is an elected position
Cooper can tell them to go fuck themselves.
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Response to Tempest (Reply #36)
Tue Mar 29, 2016, 05:19 PM
jeff47 (26,549 posts)
38. Theoretically, they could impeach the AG
But that would probably greatly help his campaign for Governor.
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Response to Tempest (Reply #36)
Tue Mar 29, 2016, 06:10 PM
branford (4,462 posts)
40. Not necessarily.
See my Post #30 above.
Cooper, as both the State AG and officer of the court, may indeed have certain legally enforceable obligations. |
Response to Kelvin Mace (Original post)
Wed Mar 30, 2016, 12:25 PM
Initech (78,121 posts)
41. Oh man this is going to get ugly.
But if it takes down "religious freedom" all the way to SCOTUS, I'm all for it!
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