News Analysis
Margaret Marshall Reveals that Committee of Lawyers Will Continue to Decide Major Issues Facing Massachusetts --- Meetings Will Be in Secret with Marshall as Chairman
By MassNews Staff
     Chief Justice Margaret Marshall has offered a defense of her illegal opinion about homosexual “marriage” and has denied the charge of “judicial activism.”
     She did so in a speech to the Greater Boston Chamber of Commerce on Tuesday and in response to questions from Raphael Lewis, a reporter for the Boston Globe.
     When asked about criticism from Gov. Romney that her Supreme Judicial Court had overreached in the “marriage” case, she replied with a non sequitur which made no sense to most observers.
     She said: “The governor of Massachusetts is a citizen, and he, like all other citizens, has protections of the First Amendment and he can say what he wants to say. That’s one of the great advantages of living in a democracy.”
     But observers wondered if she realized how stupid her statement was. The right of the Governor to free speech is a “given” in this country. She did nothing to answer his charge that her court had no legal right to do what it did.
      Nor does it answer the question from three of the six judges who sat with her on the case and passionately wrote that it was she and the other three judges who had violated the state Constitution with her ruling.
      Marshall has refused to answer any questions about her decision, before or after it was made, except in an oral argument in March 2003 which she limited to thirty minutes with one Asst. Attorney General and the plaintiffs’ lawyer being present. Other than that, she decided the historic case sitting by herself in her private chamber.

Who Decides What Is a “Civil Right?”
     Marshall says that her court has the power to decide all issues involving “civil rights.”
     But who decides what is a “civil right?” According to her, she does.
     In the “marriage” case, she decided that the “right” to “marry” a person of the same sex is a “civil right,” and therefore she (and three of the other six lawyers on the court) have the power to overrule the basic structure of our society that has existed since the founding of our country and for centuries before that.
     According to her, she has the power to rule that the citizens cannot be trusted to be fair in the matter and therefore the lawyers must decide.
     Margaret Marshall likes that kind of power.
     She told the Chamber of Commerce: “Judges do become the focus of attack politics. It has been so since our country’s founding.” But she didn’t come to this country until she was 26-years-old and has a lot of brass to lecture the citizens here that they do not know how to be fair.
     The Globe article pointed out that in the first 80 years of the nation, the courts overturned two acts of Congress. Today, they do so an average of four times every year.
     Marshall is frightened because she knows that she is going to be Removed from the bench and her “marriage” ruling overturned as more citizens learn that she assured the homosexuals that they would win in her courts. Most observers agree that the other three judges who went along with her knew all about her illegal ruling and are just as guilty as she.

Statment from Attorney J. Edward Pawlick: "Marshall Was Warned"