by Brian Leubitz [courtesy of Calitics - Front Page]

[courtesy of California Progress Report]

By Frank D. Russo

The landmark California Supreme Court decision on marriage is a teachable moment for us to understand the role of the courts and their place along side the other branches of government and even the “will of the people” as expressed in ballot initiatives.

The rule of law in our society and the can easily get obscured in the often heated discussions and the frame that the right wing likes to use whenever they do not like a decision—by accusing courts of legislating.

And it comes from folks who should know better but without thinking have to put it in the old frame. The best example comes from Robert Villines, the leader of the Republicans in the legislature. From the Sacramento Bee, we read Villines reacting to the Court’s decision with this zinger:

“I am very disappointed that the California Supreme Court, by the narrowest of margins, would allow their own personal partisan views to get in the way of their duty to uphold the rule of law by thwarting the will of the overwhelming majority of Californians who voted in support of Proposition 22.

by Paul Rosenberg [courtesy of Calitics - Front Page]

by David Dayen [courtesy of Calitics - Front Page]

I was actually looking at this Robert Novak column for another reason, but this is a bit worth mentioning.  Seems that our post-partisan governor toed the party line, when push came to shove.

While 19 of 22 Republican governors once favored the Democratic bill expanding the State Children's Health Insurance Program (SCHIP), only two signed a Tuesday letter to President Bush urging him to sign the measure.

Health and Human Services Secretary Michael Leavitt, a former governor of Utah, helped bring around his former colleagues. Even California's Gov. Arnold Schwarzenegger, a presumed supporter of the SCHIP bill, joined his fellow Republicans. The only GOP governors signing the letter were Connecticut's Jodi Rell and Utah's Jon Huntsman (following the lead of his state's Republican Sen. Orrin Hatch).

So the governor of UTAH has more courage of his convictions than our Arnold.  Classy move.