Hollingsworth v. Perry.
  • JUSTICE BREYER:Assume that you could distinguish California. Assume that we accept your argument -- or Mr. Scalia's version of your argument. And that distinguishes California. Now, let's look at California: what precisely is the way in which allowing gay couples to marry would interfere with the vision of marriage as the procreation of children, that allowing sterile couples of different sexes to marry would not? I mean, there are lots of people who get married that can't have children. So take a state that does allow adoption and say, there -- what's the justification for saying "no gay marriage"? Certainly not the one you said, is it?
  • COOPER:Uh, y-y-y-you --
  • BREYER (interjecting):Am I not clear? Look: you said that the problem is marriage, as an institution that furthers procreation --
  • COOPER:Yes, Your Honor.
  • BREYER:And the reason there was adoption. But that doesn't apply to California. So imagine I wall off California, and I'm looking just there, where you say that doesn't apply. Now, what happens to your argument -- about the institution of marriage as a tool towards procreation? Given the fact that in California too, couples that aren't gay but can't have children get married all the time?
  • COOPER:Yes, Your Honor. The concern is that redefining marriage as a genderless institution will sever its abiding connection to its historic, traditional procreative purposes. And it will re-focus, re-focus the purpose of marriage a-and the definition of marriage away from the, uh, uh, raising of children and to the emotional needs and desires of adults, of adult couples.
  • (Crosstalk.)
  • KAGAN:Well, suppose a State said, "Because we think that the focus of marriage really should be on procreation, we're not going to give marriage licenses any more to any couple where both people are over the age of 55." Would that be constitutional?
  • COOPER:No, Your Honor. It would not be constitutional.
  • KAGAN:Because that's the same State interest, I would think. You know? If you're over the age of 55, you don't help us serve the government's interest in protecting procreation through marriage. So why is that different?
  • COOPER:You, you, Your Honor, even with respect to couples over the age of 55, it is very rare that both couples -- both parties to the couple -- are infertile.
  • (Laughter from the gallery.)
  • KAGAN (interjecting):No really, because the couple -- I can just assure you if both the woman and the man are over the age of 55, there are not a lot of children coming out of that marriage.
  • (More laughter.)


The Secret Life of Kagan Marks (interviewed by Rory Cullen)

Kagan is an elusive and cryptic presence in all of our lives, and allowed only one portion of his interview to be published here:

Q: What’s your favorite sport, and why?

A: Being a baller is the ultimate goal. Ball is life. You know when you see some baller bros in the park, and you just join in, and you’re just really good? 

Nothing more.  Now you know as much about Kagan as we do.

For a quarter-century, Antonin Scalia has been the reigning bully of the Supreme Court, but finally a couple of justices are willing to face him down.

As it happens, the two manning up to take on Nino the Terrible are women: the court’s newest members, Sonia Sotomayor and Elena Kagan.

The acerbic Scalia, the court’s longest-serving justice, got his latest comeuppance Wednesday morning, as he tried to make the absurd argument that Congress’s renewal of the Voting Rights Act in 2006 by votes of 98 to 0 in the Senate and 390 to 33 in the House did not mean that Congress actually supported the act. Scalia, assuming powers of clairvoyance, argued that the lawmakers were secretly afraid to vote against this “perpetuation of racial entitlement.”

Kagan wasn’t about to let him get away with that. In a breach of decorum, she interrupted his questioning of counsel to argue with him directly. “Well, that sounds like a good argument to me, Justice Scalia,” she said. “It was clear to 98 senators, including every senator from a covered state, who decided that there was a continuing need for this piece of legislation.”

… Sotomayor allowed the lawyer for the Alabama county seeking to overturn the law to get just four sentences into his argument before interrupting him. “Assuming I accept your premise — and there’s some question about that — that some portions of the South have changed, your county pretty much hasn’t,” she charged. “Why would we vote in favor of a county whose record is the epitome of what caused the passage of this law to start with?”

Moments later, Kagan pointed out that “Alabama has no black statewide elected officials” and has one of the worst records of voting rights violations.

Scalia and Justice Samuel Alito tried to assist the Alabama county’s lawyer by offering some friendly hypotheticals, but Sotomayor wasn’t interested in hearing that. “The problem with those hypotheticals is obvious,” she said, because “it’s a real record as to what Alabama has done to earn its place on the list.”

Sotomayor continued questioning as if she were the only jurist in the room. “Discrimination is discrimination,” she informed him, “and what Congress said is it continues.”


DANA MILBANK, writing in The Washington Post, “Sotomayor, Kagan Ready for Battles.”

Has someone started yet?


Larry Kagan (USA)

Larry Kagan’s sculptures use light and shadow as an active agent. Kagan constructs abstract metal three dimension forms. Looking at a piece of Kagan’s sculptural work without interaction with light it appears to be a modernist construction. When activated by light, however, the cast shadow creates an image.  This metaphysical transformation of the sculpture is confounding, leaving the viewer to question the relationship of  the form from object to refraction. Larry Kagan has shown extensively across the United States and internationally. (src. Lonsdale Gallery)

© All images courtesy the artist

[more Larry Kagan | artist found at from89]

Fox News cites non-existent part of the Constitution to hype argument for Justice Kagan recusal from healthcare case.

Fact: The constitution has no Article 28, has no Section 144 and does not contain the language quoted by Fox News.

Yet another reminder that Fox News lies.


TCAF in Tokyo: A travelogue by Kagan McLeod!

In Fall 2013, TCAF took its second trip to Tokyo to exhibit and promote Canadian comics authors and publishers! Joining us on this trip was Kagan McLeod, renowned illustrator and creator of INFINITE KUNG-FU. Kagan has created a carnet, a short travelogue detailing his trip to Tokyo and all it entailed! Join us every day until TCAF to see more from Kagan’s sketches and experiences! 

Are you a published artist who wants to come to Tokyo with TCAF this autumn? Join us at the information session, Sunday, May 11th, at 12pm, at The Marriott Bloor Yorkville in the “Marriot 40” room!

If Gay Marriage Isn’t Constitutional, Neither Is Straight Marriage If You’re Older Than 55

The recent Supreme Court hearing over the constitutionality of Prop 8 brought many things to light. For one, it provided a space for all those tired old anti-gay-marriage arguments to be paraded out. It also allowed Supreme Court Justice Elena Kagan an opportunity to destroy them one by one. Listen to the actual exchange here.

One year! Masterpost

It’s been a year writing for you guys (and myself, too). That’s a year of amazing fandoms, lovely ships, addicting reviews. I thank you - and here they all are (in alphabetical order):

A Fairy Tale - link (Bering and Wells, Warehouse 13)

A Kiss Is Still a Kiss - link (BeChloe, Pitch Perfect)

A Very Secret Date - link (Rizzles, Rizzoli & Isles)

And It Hurts So Bad But It Feels So Good - link (BeChloe, Pitch Perfect)

As You Walk On By - link (BeChloe, Pitch Perfect)

At Play - link (Bering and Wells, Warehouse 13)

Belle and Her Beast - link (RedBeauty, Once Upon a Time)

Christmas at the Burrow - link (Hermione/Ginny, Harry Potter-series)

Christmas in Pine Valley - link (Minx, All My Children)

Christmas in Storybrooke - link (SwanQueen, Once Upon a Time)

Christmas with Kate - link (Kagan, Body of Proof)

Halloween with Maura - link (Rizzles, Rizzoli & Isles)

Halloween with the Bellas - link (Staubrey, Pitch Perfect)

Her Hair Is Harlow Gold, Her Lips Sweet Surprise - link (Triple Treble/Aubrey, Beca, Chloe; Pitch Perfect) - in progress

Hermione Granger and the Achievements of Witches in a Wizard’s World - link (canon without pairing, Harry Potter-series)

Home - link (Bering and Wells, Warehouse 13)

I Feel Pretty/Unpretty - link (BeChloe, Pitch Perfect)

I Will Go Down With This Ship - link (BeChloe, Pitch Perfect)

Lady Jam - link (BeChloe, Pitch Perfect)

Loves Lost in the Fog - link (Bering and Wells, Warehouse 13)

Mama I’m Strange - link (BeChloe, Pitch Perfect)

Not My Valentine - link (BeChloe, Pitch Perfect)

OUAT Drabble - link (SwanQueen, Once Upon a Time)

Practically Magic - link (BeChloe, Pitch Perfect) in progress

Rumor Has It - link (BeChloe, Pitch Perfect)

She Promised Me Love - link (SwanQueen, Once Upon a Time) in progress

Since U Been Gone - link (BeChoe, Pitch Perfect)

Snapshots - link (Emily/JJ, Criminal Minds)

Some Drabble - link (BeChloe, Mitchsen, Chaubrey; Pitch Perfect)

Some More Drabble - link (BeChloe, Mitchsen, Chaubrey; Pitch Perfect)

Star-Gazing - link (Bering and Wells, Warehouse 13)

Suddenly I See - link (BeChloe, Pitch Perfect)

Take a Chance on Me - link (Aubrey/Cynthia Rose, Pitch Perfect)

Tequila - link (BeChloe, Pitch Perfect)

Thank You for the Music - link (BeChloe, Pitch Perfect)

The Heart of the Matter - link (BeChloe, Pitch Perfect)

The Love Letter - link (Bering and Wells, Warehouse 13)

The Party’s Over - link (BeChloe, Pitch Perfect)

The Price We Pay - link (SwanQueen, Once Upon a Time)

The Stewart’s Daughter - link (BeChloe, Pitch Perfect)

Tom, Dick, or Regina? - link (SwanQueen, Once Upon a Time)

Walking on Sunshine - link (BeChloe, Pitch Perfect)

Watching Xena With Mom - link (Rizzles, Rizzoli & Isles)

You’re Gona Miss Me (When I’m Stoned) - link (BeChloe, Pitch Perfect)

[I would appreciate it if you would tell me of any wrong or broken links]