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Trabisnikof
Dec 24, 2005

Bizarro Kanyon posted:

If we assume that the Supreme Court rules that gay marriage in one state must be recognized in other states (under the Full Faith and Credit Clause), how would a ruling like that affect items such as Concealed Carry laws?

Would it not be considered a similar set up where if one state recognizes it, other states must recognize it too?

Unlikely without another test case. SCOTUS rarely does suprise double wammy decisions.

Trabisnikof fucked around with this message at 16:34 on Jan 19, 2015

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Bizarro Kanyon
Jan 3, 2007

Something Awful, so easy even a spaceman can do it!


Trabisnikof posted:

Unlikely without another test case. SCOTUS rarely does suprise double wammy decisions.

I was not even thinking of a decision like that. I was wondering if their ruling would probably have direct ramifications on the CC debate.

But now, I want to see a "double whammy" decision like that. It would probably make me flip out (needless to say, I want it to be 5-4 agreeing with RBG, Sonya from the Block, and Hulk Kagan)

Not My Leg
Nov 6, 2002

AYN RAND AKBAR!

Adar posted:

Again, that's an issue of process. DP should not be an option for present day run of the mill criminal trials in the US both because of the possibility of error and the racial disparities in its application. But it's a stretch to argue that this extends to a Paul Bernardo or a Dzhokar Tsarnaev/McVeigh etc. In practice a "scintilla of doubt" standard would restrict its application to self-proclaimed terrorists who have actively committed murder, serial killers and crimes entirely caught on tape. At that point you're talking about a population of high profile defendants who rarely go to trial other than to plead insanity; the mountain of controversy the death penalty generates largely does not exist in those cases.


Those structural problems are severe enough in most cases that the death penalty should be off the table in the places where it is most used for reasons that go beyond individual error - the stats say every or almost every current member of Texas' death row is guilty but two thirds of the blacks would have gotten 25 or life if they were white. The Warren court would've insta-shut that down and with good reason.

Your argument relies on an assumption that in the case of people who unquestionably committed the act in question, our criminal justice system is able to flawlessly adjudicate the mental health of those individuals (or you believe that insanity as a defense is not morally required). I do not have any confidence in that position, so even in the case of the people listed, I don't think I could support the death penalty in practice, even though I don't believe that the death penalty is always morally impermissible.

duz
Jul 11, 2005

Come on Ilhan, lets go bag us a shitpost


Chuu posted:

This isn't even remotely what that case was about.

Really? The supreme court of the united states wasn't arguing the merits cutting a baby in half? I'm sorry to have gotten it so wrong then.

Discendo Vox
Mar 21, 2013

We don't need to have that dialogue because it's obvious, trivial, and has already been had a thousand times.

duz posted:

Really? The supreme court of the united states wasn't arguing the merits cutting a baby in half? I'm sorry to have gotten it so wrong then.

It's understandable- the baby-cutting case was Union Bandsaw, Inc. v. Maternity Ward. If I recall correctly the justices were divided several different ways in the decision. The witness breakdown in Section C got particularly messy. Ironically, some of the physical evidence at the trial level was recycled and showed up again in Youngstown.

Discendo Vox fucked around with this message at 20:32 on Jan 19, 2015

tetrapyloctomy
Feb 18, 2003

Okay -- you talk WAY too fast.
Nap Ghost

... the first thing I thought when I saw your link was that you were making a joke about Christine (which is a 1958 Plymouth Fury, and is one of those rare Stephen King novels not set in Maine).

fuccboi
Jan 5, 2004

by zen death robot
Oops, that's not what the case is about.

fuccboi fucked around with this message at 21:28 on Jan 19, 2015

Rygar201
Jan 26, 2011
I AM A TERRIBLE PIECE OF SHIT.

Please Condescend to me like this again.

Oh yeah condescend to me ALL DAY condescend daddy.


Last Week Tonight is popular in this thread

ErIog
Jul 11, 2001

:nsacloud:

Rygar201 posted:

Last Week Tonight is popular in this thread

It is popular, but the shark fins case was internet famous for a long time before John Oliver highlighted it. I read about it here a few years ago in a prior incarnation of this thread, I believe. It also might have been one of the law enforcement threads where somebody was talking about asset forfeiture laws.

Last Week Tonight is actually somewhat difficult to watch at times for me because I just spend the whole time fist-pumping going, "Yeah, I know about all this poo poo! Thank you so much for letting the world know about it! This poo poo is real hosed up!"

ErIog fucked around with this message at 04:58 on Jan 20, 2015

KernelSlanders
May 27, 2013

Rogue operating systems on occasion spread lies and rumors about me.

Presumably the Plymouth appealed.

KIM JONG TRILL
Nov 29, 2006

GIN AND JUCHE

Rygar201 posted:

Last Week Tonight is popular in this thread

There are many lawyers that frequent the thread and it is a fairly famous case, at least in legal circles.

ErIog
Jul 11, 2001

:nsacloud:
edit: accidental post

Deteriorata
Feb 6, 2005

KernelSlanders posted:

Presumably the Plymouth appealed.

The '58 Plymouths were pretty appealing if you're into tail fins. The front end was a bit busy, though.

ErIog
Jul 11, 2001

:nsacloud:

Deteriorata posted:

The '58 Plymouths were pretty appealing if you're into tail fins. The front end was a bit busy, though.



United States v. Approximately 64,695 Pounds of Plymouth Fins was a tragic story. Many people think tail fins simply went out of style. In truth, they were hunted to extinction.

Grognan
Jan 23, 2007

by Fluffdaddy

ErIog posted:

Last Week Tonight is actually somewhat difficult to watch at times for me because I just spend the whole time fist-pumping going, "Yeah, I know about all this poo poo! Thank you so much for letting the world know about it! This poo poo is real hosed up!"

This, so much, this.

Also, it gives a nice primer for folks and family that don't snort political news like it was cocaine.

FAUXTON
Jun 2, 2005

spero che tu stia bene

Grognan posted:

This, so much, this.

Also, it gives a nice primer for folks and family that don't snort political news like it was cocaine.

I freebase my political news.

Armani
Jun 22, 2008

Now it's been 17 summers since I've seen my mother

But every night I see her smile inside my dreams

Grognan posted:

This, so much, this.

Also, it gives a nice primer for folks and family that don't snort political news like it was cocaine.

I need to get my family to watch Last Week Tonight. They already get like 75% of their news from Daily and Colbert and Reddit so if they're gonna keep going that route...

The Warszawa
Jun 6, 2005

Look at me. Look at me.

I am the captain now.
Holt v. Hobbs came down for Holt - prisons can't restrict 1/2-inch beards mandated by religion.

Chokes McGee
Aug 7, 2008

This is Urotsuki.

Deteriorata posted:

The '58 Plymouths were pretty appealing if you're into tail fins. The front end was a bit busy, though.



I look at this, and the only thing I see is :q:.

Discendo Vox
Mar 21, 2013

We don't need to have that dialogue because it's obvious, trivial, and has already been had a thousand times.

The Warszawa posted:

Holt v. Hobbs came down for Holt - prisons can't restrict 1/2-inch beards mandated by religion.

Please tell me SCOTUS set a binding beard length standard, with different length standards argued for in dissents. In fact, thread contest:

Without reading the Holt v. Hobbs decision, a Justice, and pretend they wrote a dissenting opinion arguing for a different constitutionally protected beard length or other facial hair classification. State their standard and summarize their argument, providing quotes as necessary to clarify their position.

Bonus round: still without reading the decision, IRAC the case.

Forever_Peace
May 7, 2007

Shoe do do do do do do do
Shoe do do do do do do yeah
Shoe do do do do do do do
Shoe do do do do do do yeah

The Warszawa posted:

Holt v. Hobbs came down for Holt - prisons can't restrict 1/2-inch beards mandated by religion.

Ginsburg wrote a concurrence. Here is the entire thing, from start to finish, unedited.

quote:

Unlike the exemption this Court approved in Burwell v. Hobby Lobby Stores, Inc., 573 U. S. ___ (2014), accommodating petitioner’s religious belief in this case would not detrimentally affect others who do not share petitioner’s belief. See id., at ___, ___–___, and n. 8, ___ (slip op., at 2, 7–8, and n. 8, 27) (GINSBURG, J., dissenting). On that understanding, I join the Court’s opinion.

#mastertroll

The Warszawa
Jun 6, 2005

Look at me. Look at me.

I am the captain now.
Man, that is a lucky clerk.

hobbesmaster
Jan 28, 2008

Forever_Peace posted:

Ginsburg wrote a concurrence. Here is the entire thing, from start to finish, unedited.


#mastertroll

This is slowly degrading to "The opinion does not include the fact that Scalia is a jackass. On that understanding, I join the Court's opinion."

FAUXTON
Jun 2, 2005

spero che tu stia bene

hobbesmaster posted:

This is slowly degrading to "The opinion does not include the fact that Scalia is a jackass. On that understanding, I join the Court's opinion."

Well he is a jackass.

GhostofJohnMuir
Aug 14, 2014

anime is not good
More SCOTUS opinions should come in the form of a flip book of the justice making a wanking motion while rolling their eyes.

Trabisnikof
Dec 24, 2005

Is the FHA doomed?

CommieGIR
Aug 22, 2006

The blue glow is a feature, not a bug


Pillbug
Robert P. George of NOM tweeted the following to the SCOTUS:

quote:

To: Supreme Court Justices.
Subject: Institution of Marriage
Message: You didn't build that.

Neither did you, rear end in a top hat.

Discendo Vox
Mar 21, 2013

We don't need to have that dialogue because it's obvious, trivial, and has already been had a thousand times.
The expansion with gazebo and rumpus room will be very tastefully decorated.

Proust Malone
Apr 4, 2008

fosborb
Dec 15, 2006



Chronic Good Poster
Relevant study on Scalia's dickishness.

twodot
Aug 7, 2005

You are objectively correct that this person is dumb and has said dumb things

fosborb posted:

Relevant study on Scalia's dickishness.
"You are correct, but only in the literal sense" is a pretty loving terrible argument, especially if it begins an article which is trying to claim the person in question is too sarcastic.

esquilax
Jan 3, 2003

twodot posted:

"You are correct, but only in the literal sense" is a pretty loving terrible argument, especially if it begins an article which is trying to claim the person in question is too sarcastic.

I think the article was saying he is the most sarcastic, rather than saying he is too sarcastic. And it's a good enough example to use as a lede.

euphronius
Feb 18, 2009

I wonder if Holt\Muhammad can grow any length of beard.

twodot
Aug 7, 2005

You are objectively correct that this person is dumb and has said dumb things

esquilax posted:

I think the article was saying he is the most sarcastic, rather than saying he is too sarcastic. And it's a good enough example to use as a lede.
Eh...

quote:

“I think it is a bad thing,” he said. “There is a great deal of value to civility, especially when the court is writing in a sensitive area.”
It is also possible that Justice Scalia’s sarcasm is counterproductive, alienating potential allies and inviting misreading. His deadpan put-downs of Justices Sandra Day O’Connor and Anthony M. Kennedy, for instance, cannot have helped his relationships with them.
And his acid dissent in a 2013 gay rights case helped propel the cause of same-sex marriage.
I still thinks it's weird to say someone is too (or even the most) sarcastic and also include someone saying that person is too literal.

twodot fucked around with this message at 21:18 on Jan 21, 2015

euphronius
Feb 18, 2009

Shocking deference by the lower courts in that holt case too.

I mean they basically said we will ignore the law if a warden says he doesn't like it.

Lowtechs
Jan 12, 2001
Grimey Drawer

Trabisnikof posted:

Is the FHA doomed?

Pretty much as they won't be able to show housing discrimination using disparate impact any more.

Ogmius815
Aug 25, 2005
centrism is a hell of a drug

I mean it's pretty obvious that someone can be right in a technical sense but really be wrong. That's some Rumsfeld level deflection there.

FAUXTON
Jun 2, 2005

spero che tu stia bene

Lowtechs posted:

Pretty much as they won't be able to show housing discrimination using disparate impact any more.

You know what I'm loving glad Lee Atwater had a brain tumor and I hope it was painful.

evilweasel
Aug 24, 2002

Trabisnikof posted:

Is the FHA doomed?

It's doom is a little less certain than before Scalia's questions suggested he's at least a possible vote to keep it alive. But relying on Scalia being a swing justice is not exactly a prudent approach.

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Munkeymon
Aug 14, 2003

Motherfucker's got an
armor-piercing crowbar! Rigoddamndicu𝜆ous.



Could a friendly congress modify a law to bring back disparate impact or would the court be doing that whole hear no evil thing like when Roberts decided that corruption has to be obvious to an especially slow four year old to be corruption?

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