Kamala Harris files respondent’s brief (re Sodomite Suppression Mandate)

Respondents Brief AG Kamala Harris (pdf)

Repetitive and deceptive arguments.

The brief ignores the fact that denials of “writ of mandate” were actually summary denials not decisions on the merits, and it deceptively refers to them as “prior litigation” when no actual litigation occurred.

The brief ignores my argument that it is unconstitutional for the AG’s office to use anti-SLAPP as a heckler’s veto.

The brief tries to uphold the trial court’s decision using issues that the trial court didn’t even make a ruling on – including timing of government claims statute, that there is no private cause of action by a citizen harmed by the AG’s intentional failure to perform a mandatory duty, and that her duty was only discretionary.

Their swarthy reasoning goes like this: when the trial court granted Harris’ declaratory relief action as to the Sodomite Suppression Act and purportedly relieved her of the mandatory duty to prepare the Sodomite Suppression Act, Harris thenceforth had “discretion” to determine whether or not similar new petitions could be rejected without bothering to return to court.

So state employees still have mandatory duties, but this becomes meaningless because they enjoy discretion to determine whether or not such and such a proposed action sufficiently qualifies as a mandatory duty. Such is the reasoning of the California Attorney General.

The AG ends by asserting that because I did not make arguments about the various new issues the AG now raises that were not even raised by the trail judge’s decision, I have thereby “waived” such issues. How do I waive arguments that aren’t even at issue?

If a waiver occurred it was by the AG who didn’t respond to all of my arguments or deny these assertions: “The Attorney General has granted herself the right to deny any anti-sodomy petitions from even being proposed in this state, and the courts have gone along with this charade” and “I discovered that sodomy is so sacred with the politicians and judges that normal people can’t even exercise the right to circulate petitions against it.”

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“But the men of Sodom were wicked and sinners before the LORD exceedingly.”- Genesis 13:13

 

“12 If thou shalt hear say in one of thy cities, which the LORD thy God hath given thee to dwell there, saying,

13 Certain men, the children of Belial, are gone out from among you, and have withdrawn the inhabitants of their city, saying, Let us go and serve other gods, which ye have not known;

14 Then shalt thou enquire, and make search, and ask diligently; and, behold, if it be truth, and the thing certain, that such abomination is wrought among you;

15 Thou shalt surely smite the inhabitants of that city with the edge of the sword, destroying it utterly, and all that is therein, and the cattle thereof, with the edge of the sword.

16 And thou shalt gather all the spoil of it into the midst of the street thereof, and shalt burn with fire the city, and all the spoil thereof every whit, for the LORD thy God: and it shall be an heap for ever; it shall not be built again.

17 And there shall cleave nought of the cursed thing to thine hand: that the LORD may turn from the fierceness of his anger, and shew thee mercy, and have compassion upon thee, and multiply thee, as he hath sworn unto thy fathers;

18 When thou shalt hearken to the voice of the LORD thy God, to keep all his commandments which I command thee this day, to do that which is right in the eyes of the LORD thy God.”

Deuteronomy 13:12-13