My plea in the Atlanta Journal to the Georgia AG not to defend same-sex marriage ban. http://shar.es/LHVxM
@espinsegall then Gov can secure counsel and proceed to defend. However, AG must make legal judgment if good-faith arguments can be made./2
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@Profepps I agree about Governor but it might cost him ejection here to defend. Disagree about good faith, US Const. Trumps Ga law here. -
@espinsegall not clear to me whether GA is common law or not, going home to check POWERS & DUTIES/6 -
@Profepps Really sorry to be a jerk about this-but it doesn't matter. His primary oath is to US Constitution where there is conflict. -
@espinsegall Not being a jerk but talking past each other. Not everyone agrees on Constitutional issue. Thus you're affirming consequent. -
@Profepps I am not saying he CANT defend, I am saying he shouldn't, for legal, moral, prudential, and historical reasons. -
@espinsegall Yes, then question is whether GA AG powers & duties allow him to make that call over objections of gov. -
@Profepps answer to that is yes but walking now so can't get cite. This issue was litigated-pretty sure. But, Governor can defend of course. -
@espinsegall PERDUE says that both officials have concurrent power, if AG refuses to defend Gov may do so. if AG is state's lawyer/1 - 1 more reply
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