The California Supreme Court today agreed to decide whether voter approval of Prop. 8 repealed the state constitutional right to same sex marriage that the court recognized earlier this year.

The court agreed today to review two related arguments by opponents of Prop. 8 - that the measure exceeds the legal scope of a ballot initiative by allowing a majority to restrict a minority group's rights, and that it violates the constitutional separation of powers by limiting judicial authority.

The supreme court's direct action will eliminate the need for litigation to work its way through trial courts and intermediate appeals before reaching the state's highest court. [more ...]

Yesterday it became clear to people who had mastered arithmetic that Ted Stevens lost his Senate race. Today, on his 85th birthday, Stevens conceded. No recount.

How nice that the senator is giving us a present on his birthday. Thank you, Tubes. If I were your judge, I would recommend your release to a halfway house 30 days before your prison sentence ends.

Actually, if Stevens would volunteer to serve 10 days in Guantanamo, I'd call it even.

For once I agree with Josh Marshall, "[he ] needs help[.]" (Speaking for me only.)

The Chesapeake Climate Action Network doesn't sound much like a terrorist organization, does it? It does to the Maryland State Police. The executive director and three staff members were entered into the agency's terrorism database, apparently because the group held a nonviolent protest at a high school where Gov. Robert Ehrlich Jr. was speaking about the need to reduce pollution from coal-fired power plants. The Network didn't believe Ehrlich's proposals were adequate, so its members let him know. In less troubled times, this was known as petitioning the government to redress a grievance, or was recognized as the exercise of free speech, both protected rights under the First Amendment.

Newly released files reveal previously unreported details about the actions of the Maryland State Police, a topic discussed in earlier TalkLeft posts here and here. The decision to label the Network's Executive Director as a terrorist seems odd since he didn't attend the protest. [more ...]

Tom Daschle, according to a "source close to Daschle," has been offered and has accepted the cabinet position of Secretary of Health and Human Services.

Update by BTD - As is well known by now, Daschle's wife is a lobbyist. Presumably she will not be working as one now.

Update by TChris - confirmation from Reuters and CNN. The latter source adds this: [more ...]

Politico, after reporting in quite conflicting fashion for the past few days, now posts a story bylined by two of the main purveyors of the "trouble in Obama/Clinton Land" storylines that flatly states:

Negotiations between the Clintons and President-elect Obama’s transition team are rapidly moving toward a formal offer of secretary of State for Sen. Hillary Rodham Clinton (D-N.Y.), with both sides expecting a formal announcement in the next seven days, according to numerous officials who are involved.

Who knows if this is true but I think it is.

By Big Tent Democrat, speaking for me only

The NYTimes argues for passage of the Colombian Free Trade Agreement. I agree with that position. But I disagree with passing it now. The Times writes:

We don’t say it all that often, but President Bush is right: Congress should pass the Colombian free-trade agreement now.

The Times is right on the merits but wrong on the timing. Why? Because we just held a national election where the issue of trade was prominent. I imagine the rush to pass it now is because it is not likely to pass with the new Congress and the new President. If that is so, so be it. Elections have consequences. Unlike the economic crisis or the auto bailout, where immediate action is paramount, passage of the Colombian Free Trade Agreement does not require immediate action.

When George Bush won the election in 2004, the continuation of his disastrous Iraq Debacle is what the people voted for. Even though we did not like it. When the Democrats won the 2006 election, the Iraq Debacle should have been ended. Because that is what the people voted for (that it did not is the fault of the cowardly Dem Congress.) Democracy must be respected, whether we like the results or not.

By Big Tent Democrat, speaking for me only

So sez the WSJ:

Former President Bill Clinton has offered to submit future charitable and business activities to strict ethics reviews if his wife, New York Sen. Hillary Clinton, were nominated as secretary of state, according to Democrats familiar with the deliberations. He has also agreed for the first time to disclose many of the previous donors to his efforts.

. . . "Bill Clinton will not be the obstacle to whether Hillary gets this job or not," said one Democrat familiar with the situation. Another person added: "He's willing to be as transparent as the Obama world wants."

But "friends" love to talk:

This is just too fun:

Vice President Dick Cheney and former Attorney General Alberto Gonzales have been indicted on state charges involving federal prisons in a South Texas county that has been a source of bizarre legal and political battles under the outgoing prosecutor.

Just writing the headline was a joy-rush. Unfortunately, of all the real and imagined crimes for which Cheney and Gonzales deserve indictment, these are far down the list. Don't expect Cheney or Gonzeles to do the perp walk any time soon.

Willacy County District Attorney Juan Angel Guerra brought the indictment, but as he said, "the grand jury is the one that made those decisions, not me." Guerra has an interesting history: [more ...]

As U.S. Attorney in Washington, D.C., Eric Holder sought to raise marijuana penalties and restore mandatory minimum penalties for drug crimes. From the Washington Times, December 5, 1996 (via Lexis.com):

Eric Holder yesterday said he will seek to make marijuana distribution in the District a felony and reinstate mandatory-minimum sentences for convicted drug dealers. Mr. Holder,...said the D.C. Council's vote a year ago to repeal mandatory minimums was "misguided," leading to a backlog in the court system. He also warned that the city is on the verge of an explosion in violence associated with the sale and use of marijuana.

[More....]

Jonathan Singer speaks for me here. But really, Liss does. Want "revenge?" Ignore the p-tz.*

I should make this an Open Thread.

* This word is likely to be changed. J is a very nice person and does not approve of name calling. By contrast, I am not, and enjoy name calling.

By Big Tent Democrat, speaking for me only

The AP reports:

Alaska Sen. Ted Stevens has lost his bid for a seventh term. The longest-serving Republican in the history of the Senate trailed Anchorage Mayor Mark Begich by 3,724 votes after Tuesday's count. That's an insurmountable lead with only about 2,500 overseas ballots left to be counted.

Welcome, Sen. Begich.