Letter: Kagan, Ginsburg acted ‘unethically and unlawfully’

Well, for one thing, Elena Kagan and Ruth Ginsburg acted “unethically and unlawfully” in participating in the case after they publicly had taken a position on the outcome.

 

That’s according to the letter from Herbert W. Titus and William J. Olson. They are with the law firm of William J. Olson, P.C.

 

Theirs is part of a series of reports on the issue of marriage, under funding from the United States Justice Foundation.

 

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

 

They explain that only officials for the four states involved in the case are allowed to request a rehearing. The deadline is July 21.

 

“Here is why a petition for rehearing must be filed,” they explain to the state officials. “Since the Supreme Court’s decision, it has been assumed that the ‘rule of law’ requires not just your four states, but every state, to recognize the ‘fundamental right’ of same sex couples to marry. However, this assumption overlooks two critical factors: (i) whether some of the justices who participated in issuing that decision did so unlawfully; and (ii) the nature of the express limitations set out by Justice Kennedy in that decision.”

 

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