All Things SCOTUS

[TorontoGold]

I’m not so sure the last part is true however,... the over the top, emotionally driven rage seems to only come in blue.

See - Hawley, Josh.

 

[NorthDakota]

See - Hawley, Josh.

He's had some acting lessons lol. I like him for the most part still but it must be kept in small doses

 

[TorontoGold]

He's had some acting lessons lol. I like him for the most part still but it must be kept in small doses

He's.....intense to say the least.

 

[drayer54]

Alert: Longer than two paragraphs and addresses subject matters

ORIGINALISM AND THE COLORBLIND CONSTITUTION (ND Law Review)

All goes back to Korematsu... The constitution is colorblind and the equal protection clause should prevent this.

Of course, when it comes to backwards thinking, California doesn’t just lead in electricity shortages-https://www.wsj.com/articles/a-vote-for-discrimination-11593127619?st=vovjio2bg78sgdf&reflink=article_copyURL_share

 

[NorthDakota]

Was thinking about this a bit today, isn't it fun watching legislators squirm when they realize that they'll need to pass legislation rather than have the Supreme Court do their job for them?

Democrat senators brought up some old case about birth control, a bunch of abortion stuff, etc. Even went after our girl on global warming and gay marriage. All of this because they apparently have some deep rooted fear that they'll be required to legislate, or that the topics may fall outside of their authority to legislate and must be left to the states. You really love to see it.

I couldn't decide whose sadness I relished the most between Da Nang Dick Blumenthal and Mazie Hirono. (Srsly Oahu get Tulsi or literally anyone else from HI in that seat). Normally Sheldon Whitehouse would be ranked at the top but he is having a schizophrenic episode so I dont want to dump on him too much.

 

[Legacy]

You don’t know if she was asked about this issue so you post a wall of irrelevant text that a hypothetical future situation which nobody has any idea about may or may not occur? Doesn’t sound ironic at all to me. Sounds like random musings from the mind of Legacy.

Her first name is Amy, not Coney

I was using her two last names. I suppose "random musings' may be in the eye of the beholder. I subsequently posted the article on "Orignialism and the Colorblind Constitution"
which had a section on Affirmative Action and the Equal Protection Clause. Scalia's thoughts are discussed. Those are also addressed in a keynote address at the ND Law School:

FEDERAL COURTS, PRACTICE & PROCEDURE
SYMPOSIUM: JUSTICE SCALIA AND
THE FEDERAL COURTS
KEYNOTE ADDRESS: TWO CHALLENGES FOR THE
JUDGE AS UMPIRE: STATUTORY AMBIGUITY
AND CONSTITUTIONAL EXCEPTIONS (scholarship.law.nd)
Brett M. Kavanaugh*

Consider also the Fourteenth Amendment and affirmative action. The
Court has recognized a basic equal protection right not to be treated differently by the government on account of your race. But there is a longstanding
exception for affirmative action, at least in the realm of higher education.
But how do we determine whether a particular affirmative action program
passes muster or not? We see the Court battling over strict scrutiny or intermediate scrutiny—and then battling over exactly what constitutes a compelling enough interest for purposes of strict scrutiny. In Bakke and post-Bakke
cases, the Court found that ensuring diversity is a compelling interest but
remedying the effects of past societal racial discrimination is not a compelling interest.24 In those cases, the Court also battles over whether the affirmative action program is narrowly tailored to promote the state’s interest in ensuring diversity. On what basis is the Court making those decisions? Is there something in the text of the Constitution that tells us one is good enough and the other is not good enough? Not really. Again, this is common-law judging to define the contours of the exception to the constitutional right.

That's part of why I considered Hesburgh's statements on affirmative action relevant for discussion, as he says:

4. Preferential admission programs, therefore, not only have a
rational relationship to a legitimate governmental objective,
but serve what the courts have called "a compelling state
interestM (as recognized in Bakke by the Supreme Court of
Ca 1 i forn i a);

That's also why i wondered if Coney Barrett had been asked about it.

Scalia's view of the unconstitutionality of affirmative action starts on p. 74 in the Originalism article.

 

[PraetorianND]

I was using her two last names. I suppose "random musings' may be in the eye of the beholder. I subsequently posted the article on "Orignialism and the Colorblind Constitution"
which had a section on Affirmative Action and the Equal Protection Clause. Scalia's thoughts are discussed. Those are also addressed in a keynote address at the ND Law School:

FEDERAL COURTS, PRACTICE & PROCEDURE
SYMPOSIUM: JUSTICE SCALIA AND
THE FEDERAL COURTS
KEYNOTE ADDRESS: TWO CHALLENGES FOR THE
JUDGE AS UMPIRE: STATUTORY AMBIGUITY
AND CONSTITUTIONAL EXCEPTIONS (scholarship.law.nd)
Brett M. Kavanaugh*



That's part of why I considered Hesburgh's statements on affirmative action relevant for discussion, as he says:



That's also why i wondered if Coney Barrett had been asked about it.

Scalia's view of the unconstitutionality of affirmative action starts on p. 74 in the Originalism article.

You wondered about it, but only from a negative viewpoint (in your mind). What if the opposite is true? Wouldn't that be validating, rather than "ironic?" Why not frame it like that?

Don't we want people who are OK disagreeing with each other? Also, what difference does it make what Hesburgh wants/believes? He's not a constitutional scholar.

 

[NorthDakota]

You wondered about it, but only from a negative viewpoint (in your mind). What if the opposite is true? Wouldn't that be validating, rather than "ironic?" Why not frame it like that?

Don't we want people who are OK disagreeing with each other? Also, what difference does it make what Hesburgh wants/believes? He's not a constitutional scholar.

Yeah I'm not sure what a priest's opinion on affirmative action has to do with ACB. Not sure what Scalia's views on it matter either. She specifically stated that she didn't agree with Scalia at times. Further, I dont think it'd he appropriate for her to talk much about affirmative action because those sorts of cases are definitely going to be a thing moving forward.

 

[Legacy]

Trying to look at RBG’s history of judgements & it looks like she never voted against her political leanings vs Scalia who did go against his personal leanings at least twice (both 1st Amendment cases where he sided w/ the right to burn flags despite being personally against it & where he sided w/ Hustler magazine for an offensive cartoon that he personally objected).

Justices Roberts & Gorsuch have both dissented in cases that would be considered “wins” for conservatives as well. In fact, Roberts was the deciding vote on ACA. For those concerned w/ Roe vs Wade being overturned you can rest easy. Even w/ ACB being confirmed, there would only be 3 votes in support of overturning it. No way Roberts, Gorsuch or Kavanaugh would vote to overturn.

Kavanaugh's speech at ND that i posted would indicate his position. The argument for overturning R v W must also overcome Casey and the "essential holding" of Roe based on the Due Process clause and "undue burden".

Sometimes, I feel the District Court judge can be more powerful than Appeals Court of SCOTUS judges.

 

[PraetorianND]

Kavanaugh's speech at ND that i posted would indicate his position. The argument for overturning R v W must also overcome Casey and the "essential holding" of Roe based on the Due Process clause and "undue burden".

Sometimes, I feel the District Court judge can be more powerful than Appeals Court of SCOTUS judges.

Yes, this is why fans of the three branches of government, and constitutional originalism despite activists judges. It's legislating from the bench and judges should be disbarred for doing it IMO.

 

[Irish#1]

Looks like we're having a vote on Monday.

 

[Irish YJ]

Looks like we're having a vote on Monday.

Yup. Quick, smooth, and should be done a week before the election. Wonder if the "sham"-protest is all we'll see from the Dem's. Likely the last parting gift from Donald. Probably one of two or three gifts that keep giving.

 

[drayer54]

I wonder if the Dems cry outside if we can get to it on Sunday?

 

[NorthDakota]

I wonder if the Dems cry outside if we can get to it on Sunday?

Monday is hillary's bday. Monday is the day to do it.

 

[Irishize]

Yup. Quick, smooth, and should be done a week before the election. Wonder if the "sham"-protest is all we'll see from the Dem's. Likely the last parting gift from Donald. Probably one of two or three gifts that keep giving.

There’s still time for a gang rape accusation

 

[PraetorianND]

There’s still time for a gang rape accusation

I wonder if people even know that these accusations were completely made up.

She admitted to the false allegation, and said she has actually never met Justice Kavanaugh.

“I was angry, and I sent it out,” she told investigators.

 

[Irish YJ]

There’s still time for a gang rape accusation

I predicted early on a lesbian sex for grades scandal....

 

[PraetorianND]

I predicted early on a lesbian sex for grades scandal....

Seems like Dems would then be more likely to vote to confirm?

 

[Irish YJ]

Seems like Dems would then be more likely to vote to confirm?

You got a good point Praet.

 

[NEIIrish]

I predicted early on a lesbian sex for grades scandal....

Go on......

 

[drayer54]

Cocaine Mitch is schooling the libs today. They deserve to be punished for their short-sighted mistakes and fraudulent attack on Brett Kavanaugh.

 

[Irish#1]

I predicted early on a lesbian sex for grades scandal....

My story had her and her posse killing several bottles of wine at a restaurant when they spot a LaCrosse student who's in her class. Thirty minutes later they have him back at the house forcing him to pass or fail if you know what I mean.

 

[Irish YJ]

My story had her and her posse killing several bottles of wine at a restaurant when they spot a LaCrosse student who's in her class. Thirty minutes later they have him back at the house forcing him to pass or fail if you know what I mean.

I like your story better than mind so long as her posse includes a few hot lesbians.

 

[drayer54]

Anyone else hear joyous hymns coming from the sky this morning?

 

[Irish YJ]

Anyone else hear joyous hymns coming from the sky this morning?

 

[Irish#1]

Anyone else hear joyous hymns coming from the sky this morning?

No, but I hear a lot of teeth gnashing and whining coming from D.C.

 

[drayer54]

 

[Irishize]

I wonder if people even know that these accusations were completely made up.

But Kavanaugh will have approx half of Americans believe he is a rapist for the rest of his life.

Thinly-sourced dossier says Trump is a compromised Russian spy: WALL-TO-WALL COVERAGE

One person claims Kavanaugh is a drunk serial rapist: WALL-TO-WALL COVERAGE

Laptop full of evidence & witness says Biden sways US policy for cash to him & his family: SILENCED DISINFORMATION

 

[drayer54]

But Kavanaugh will have approx half of Americans believe he is a rapist for the rest of his life.

Thinly-sourced dossier says Trump is a compromised Russian spy: WALL-TO-WALL COVERAGE

One person claims Kavanaugh is a drunk serial rapist: WALL-TO-WALL COVERAGE

Laptop full of evidence & witness says Biden sways US policy for cash to him & his family: SILENCED DISINFORMATION

This whole post is Russian disinformation. Well, it might be. It probably isn't, but we should treat it like it is.

 

[Irish YJ]

This whole post is Russian disinformation. Well, it might be. It probably isn't, but we should treat it like it is.

I always though Legacy might be a China bot, but never thought Irishize was a Russian bot..

Hmmmmmmmm...