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I would blow Dane Cook
Dec 26, 2008
Probation
Can't post for 22 hours!
Man the sons of confederate veterans would be devastated right now if any of them could read.

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Nissin Cup Nudist
Sep 3, 2011

Sleep with one eye open

We're off to Gritty Gritty land




KilroyWasHere posted:

Thomas! Holy crap!

Wanna read that opinion

I wonder if Thomas shits on Scalia again?

silvergoose
Mar 18, 2006

IT IS SAID THE TEARS OF THE BWEENIX CAN HEAL ALL WOUNDS




Looks like more good than bad today? All the lovely justices had unanimous opinions for the most part...

FAUXTON
Jun 2, 2005

spero che tu stia bene

Is Kennedy dissenting because he thinks states should be compelled to carry forced-birther license plates against their objections?

E: note, I haven't read any of the opinions, this is just a shot in the dark and it'd be funny if I was right.

E2: I don't see specific commentary by Kennedy but :lol:

Scalito, Dissenting posted:

Pressed to come up with any evidence that the State has
exercised “selective receptivity,” Texas (and the Court) rely primarily on sketchy information not contained in the record, specifically that the Board’s predecessor (might have) rejected a “pro-life” plate and perhaps others on the ground that they contained messages that were offensive.

FAUXTON fucked around with this message at 15:35 on Jun 18, 2015

BI NOW GAY LATER
Jan 17, 2008

So people stop asking, the "Bi" in my username is a reference to my love for the two greatest collegiate sports programs in the world, the Virginia Tech Hokies and the Marshall Thundering Herd.

DOOP posted:

Wanna read that opinion

I wonder if Thomas shits on Scalia again?

He joined with Breyer on the Majority opinion, which Breyer wrote.

lamentable dustman
Apr 13, 2007

🏆🏆🏆

DOOP posted:

Wanna read that opinion

I wonder if Thomas shits on Scalia again?

http://www.supremecourt.gov/opinions/14pdf/14-144_758b.pdf

Breyer wrote the majority, Alito wrote the dissent

KilroyWasHere
Oct 22, 2005

BI NOW GAY LATER posted:

He joined with Breyer on the Majority opinion, which Breyer wrote.

I'm honestly surprised Thomas didn't write that one, rather than Reed.

BI NOW GAY LATER
Jan 17, 2008

So people stop asking, the "Bi" in my username is a reference to my love for the two greatest collegiate sports programs in the world, the Virginia Tech Hokies and the Marshall Thundering Herd.

KilroyWasHere posted:

I'm honestly surprised Thomas didn't write that one, rather than Reed.

"This justice holds, as a black man, :dogbutton: "

I would blow Dane Cook
Dec 26, 2008
Probation
Can't post for 22 hours!
Dissent is good for a few giggles.

quote:


If a car with a plate that
says Rather Be Golfing passed by at 8:30 am on a Mon
-
day morning, would you think: This is the official policy
of the Statebetter to golf than to work? If you did your
viewing at the start of the college football season and you
saw Texas plates with the names of the University of
Texass out-of-state competitors in upcoming games
Notre Dame, Oklahoma State, the University of Okla-
homa, Kansas State, Iowa Statewould you assume that the
State of Texas was officially (and perhaps treasonously)
rooting for the Longhorns opponents? And when a car
zipped by with a plate that reads NASCAR 24 Jeff
Gordon, would you think that Gordon (born in California,
raised in Indiana, resides in North Carolina)
1
is the official
favorite of the State government?


http://www.supremecourt.gov/opinions/14pdf/14-144_758b.pdf

Ghost of Reagan Past
Oct 7, 2003

rock and roll fun
Alito's dissent in that case seems at least fun.

quote:

Suppose you sat by the side of a Texas highway and studied the license plates on the vehicles passing by. You would see, in addition to the standard Texas plates, an impressive array of specialty plates. (There are now more than 350 varieties.) You would likely observe plates that honor numerous colleges and universities. You might see plates bearing the name of a high school, a fraternity or sorority, the Masons, the Knights of Columbus, the Daughters of the American Revolution, a realty company, a favorite soft drink, a favorite burger restaurant, and a favorite NASCAR driver.

As you sat there watching these plates speed by, would you really think that the sentiments reflected in these specialty plates are the views of the State of Texas and not those of the owners of the cars? If a car with a plate that says Rather Be Golfing passed by at 8:30 am on a Monday morning, would you think: This is the official policy of the Statebetter to golf than to work? If you did your viewing at the start of the college football season and you saw Texas plates with the names of the University of Texass out-of-state competitors in upcoming gamesNotre Dame, Oklahoma State, the University of Oklahoma, Kansas State, Iowa Statewould you assume that the State of Texas was officially (and perhaps treasonously) rooting for the Longhorns opponents? And when a car zipped by with a plate that reads NASCAR 24 Jeff Gordon, would you think that Gordon (born in California, raised in Indiana, resides in North Carolina)1 is the official favorite of the State government?

Grey Fox
Jan 5, 2004

Rather Be Golfing = RBG

Hmmmmmmmmm

Three Olives
Apr 10, 2005

Ghost of Reagan Past posted:

Walker v Texas Sons of Confederate Veterans.

5-4 decision, but not who you'd think!

No see this is the outcome Texas wanted. I think it just confused everyone when Texas was arguing maybe we should be a little less racist with our license plates.

VitalSigns
Sep 3, 2011
Probation
Can't post for 3 days!
A state not minding a sports team on its license plate is exactly the same as a state not minding the Nazi flag on its plate, all right.

I would blow Dane Cook
Dec 26, 2008
Probation
Can't post for 22 hours!
Ok which sperg on the bench had to list like every novelty plate in the history of novelty plates?

Ghost of Reagan Past
Oct 7, 2003

rock and roll fun

Jumpingmanjim posted:

Ok which sperg on the bench had to list like every novelty plate in the history of novelty plates?
Some poor clerk.

Freudian
Mar 23, 2011

Grey Fox posted:

Rather Be Golfing = RBG

Hmmmmmmmmm

I would do unconscionable things for a Ruth Bader Ginsburg license plate.

Bob James
Nov 15, 2005

by Lowtax
Ultra Carp

VitalSigns posted:

A state not minding a sports team on its license plate is exactly the same as a state not minding the Nazi flag on its plate, all right.

VitalSigns
Sep 3, 2011
Probation
Can't post for 3 days!
^^^^Haha, touche.


quote:

What if a state college or university did the same thing with a similar billboard or a campus bulletin board or dorm list serve? What if it allowed private messages that are consistent with prevailing views on campus but banned those that disturbed some students or faculty?

Can there be any doubt that these examples of viewpoint discrimination would violate the First Amendment?

:lol: Why doesn't UT allow billboards of burning crosses on campus, my free speech :(

lamentable dustman
Apr 13, 2007

🏆🏆🏆

I did enjoy the listing of Texas novelty plates. My favorites are the Dr. Pepper one and the one that appears to be a chicken sandwich.

hobbesmaster
Jan 28, 2008

Yes, what if universities do that thing they always do?

Nissin Cup Nudist
Sep 3, 2011

Sleep with one eye open

We're off to Gritty Gritty land




BI NOW GAY LATER posted:

He joined with Breyer on the Majority opinion, which Breyer wrote.

Right

But wasn't the Thomas-Scalia slapfight from a week ago due to some weird partial-concurrence Thomas wrote that was good enough for a majority

BI NOW GAY LATER
Jan 17, 2008

So people stop asking, the "Bi" in my username is a reference to my love for the two greatest collegiate sports programs in the world, the Virginia Tech Hokies and the Marshall Thundering Herd.

DOOP posted:

Right

But wasn't the Thomas-Scalia slapfight from a week ago due to some weird partial-concurrence Thomas wrote that was good enough for a majority

Yes. He just didn't write on one this for some reason.

There was a good a Scalia-Alito slap fight today though.

Bob Ojeda
Apr 15, 2008

I AM A WHINY LITTLE EMOTIONAL BITCH BABY WITH NO SENSE OF HUMOR

IF YOU SEE ME POSTING REMIND ME TO SHUT THE FUCK UP
Kennedy wrote a concurrence on Davis v Ayala solely to talk about how bad solitary confinement is; Thomas wrote his own one-page concurrence just to say that he doesn't give a poo poo

OJ MIST 2 THE DICK
Sep 11, 2008

Anytime I need to see your face I just close my eyes
And I am taken to a place
Where your crystal minds and magenta feelings
Take up shelter in the base of my spine
Sweet like a chica cherry cola

-Cheap Trick

Nap Ghost
I like the Alito dissent in Cain.

BI NOW GAY LATER
Jan 17, 2008

So people stop asking, the "Bi" in my username is a reference to my love for the two greatest collegiate sports programs in the world, the Virginia Tech Hokies and the Marshall Thundering Herd.
Scalia and RBG getting together for the confrontation clause slap fight with Alito is pretty good.

FAUXTON
Jun 2, 2005

spero che tu stia bene

But a confederate plate isn't the same as "rather be golfing," it's "rather be owning slaves."

DeusExMachinima
Sep 2, 2012

:siren:This poster loves police brutality, but only when its against minorities!:siren:

Put this loser on ignore immediately!
How can a state refuse a battle flag plate and not also have the discretion to refuse pro/anti abortion ones under this logic? Rather be owning women and or fetuses, depending on some beaurucrat's interpretation.

Hot Dog Day #91
Jun 19, 2003

The dissent in brumfield is disturbing. The murdered cop's oldest son is former nfl player warrick Dunn. Thomas spends pages pointing out that dunn too was born into poverty, and he didn't murder anyone. It's disgusting.

Xenochrist
Sep 11, 2006


Hot Dog Day #91 posted:

The dissent in brumfield is disturbing. The murdered cop's oldest son is former nfl player warrick Dunn. Thomas spends pages pointing out that dunn too was born into poverty, and he didn't murder anyone. It's disgusting.

I was just going to post this exact thing. What a terrible dissent.

I found it heartening that no one joined Thomas in part C, where he talks at length about the virtues of the victim's living son like you pointed out. But that optimism left when I realized that the 3 joined part D, where Thomas bemoans an intellectually disabled man's 20 year "ceaseless" campaign of review proceedings.

mdemone
Mar 14, 2001

FAUXTON posted:

But a confederate plate isn't the same as "rather be golfing," it's "rather be owning slaves."

He's saying that the Confederate flag has no intrinsic speech value, which is such obvious bullshit. If it had been a Nazi flag vanity plate, Alito would have toddled his disingenuous rear end over to the majority right quick.

Is it like a requirement that conservative justices have to be basically human filth?

VitalSigns
Sep 3, 2011
Probation
Can't post for 3 days!

mdemone posted:

He's saying that the Confederate flag has no intrinsic speech value, which is such obvious bullshit. If it had been a Nazi flag vanity plate, Alito would have toddled his disingenuous rear end over to the majority right quick.

Is it like a requirement that conservative justices have to be basically human filth?

I would have liked to see the case where it was an ISIS flag.

ActusRhesus
Sep 18, 2007

"Perhaps the fact the defendant had to be dragged out of the courtroom while declaring 'Death to you all, a Jihad on the court' may have had something to do with the revocation of his bond. That or calling the judge a bald-headed cock-sucker. Either way."
The Confederate flag is the symbol of a treasonous movement that resulted in more American casualties than any other war. I say let people display it, and then detain them and question them regarding the extent of their treasonous activity.

Also if you have the stars and bars next to a "united we stand" bumper sticker you are either an idiot or a master troll.

Hot Dog Day #91
Jun 19, 2003

When I first heard the facts about Ayala, I thought "how horrible!" But after reading the majority, I can't get past the fact that it took counsel seven loving years to file their first post conviction appeal.

The criminal, who is probably guilty as hell, really had some poo poo lawyers. First not objecting to all the ex parte batson hearings, and then sitting for years on an appeal. I know we'd like to think that SCOTUS can look past that kind of stuff and decide on the merits alone, but they're all people. Certainly reading that procedural history would bias you (wrongly) against the defendant.

Where's the drat IAC claim in all this?

Stultus Maximus
Dec 21, 2009

USPOL May

ActusRhesus posted:

The Confederate flag is the symbol of a treasonous movement that resulted in more American casualties than any other war. I say let people display it, and then detain them and question them regarding the extent of their treasonous activity.

Also if you have the stars and bars next to a "united we stand" bumper sticker you are either an idiot or a master troll.

How many of those have I seen on base...

Hot Dog Day #91
Jun 19, 2003

VitalSigns posted:

I would have liked to see the case where it was an ISIS flag.

Form a non profit, submit this flag. Then watch as the feds prosecute you for giving support and advice to a terrorist organization.

VitalSigns
Sep 3, 2011
Probation
Can't post for 3 days!

ActusRhesus posted:

The Confederate flag is the symbol of a treasonous movement that resulted in more American casualties than any other war. I say let people display it, and then detain them and question them regarding the extent of their treasonous activity.

Also if you have the stars and bars next to a "united we stand" bumper sticker you are either an idiot or a master troll.

We do let people display it, that wasn't the issue. It's always been and will always be completely legal to display the Confederate flag.

Xenochrist
Sep 11, 2006


Hot Dog Day #91 posted:


Where's the drat IAC claim in all this?

Apparently any IAC was harmless :shrek:

Not My Leg
Nov 6, 2002

AYN RAND AKBAR!

mdemone posted:

I don't know nothin' about this case, but as the parent of a toddler, :laffo:

Just to clarify, the case wasn't about whether a three year old can serve as a witness, it was about whether the toddler's out of court statement (that he was abused) could be admitted in court, without requiring the toddler to actually appear in court as a witness and be cross examined (which is usually required by the confrontation clause). The court unanimously held that it could be, basically because the statement was not testimonial, so the child was not a witness, and therefore the statement did not implicate the confrontation clause.

As others have pointed out, there's a great slapfight between Scalia's concurrance (joined by RBG) and Alito's majority. Basically, Alito hates Crawford v. Washington, and repeatedly tries to undermine it throughout his opinion (and this isn't the first time he's made his disagreement known). Scalia takes him to task.

Scalia posted:

I write separately, however, to protest the Courts shoveling of fresh dirt upon the Sixth Amendment right of confrontation so recently rescued from the grave in Crawford v. Washington.
***
[Justice Alito] unabashedly displays his hostility to Crawford and its progeny, perhaps aggravated by inability to muster the votes to overrule them.
***
A suspicious mind (or even one that is merely not nave) might regard this distortion as the first step in an attempt to smuggle longstanding hearsay exceptions back into the Confrontation Clausein other words, an attempt to return to Ohio v. Roberts.

amanasleep
May 21, 2008
Relevant to Walker v. Sons: Guess who's Charleston car sports a CSA license plate.

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Beamed
Nov 26, 2010

Then you have a responsibility that no man has ever faced. You have your fear which could become reality, and you have Godzilla, which is reality.


BI NOW GAY LATER posted:

Apparently he has one more...

Really? Who's left with decisions?

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