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Messyass
Dec 23, 2003

richardfun posted:

That's it. Mandatory gay marriage for all!

Holy crap. Congratulations America.

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Taerkar
Dec 7, 2002

kind of into it, really

xbilkis posted:

Oh my god Scalia

I join THE CHIEF JUSTICE’s opinion in full. I write separately
to call attention to this Court’s threat to American
democracy.
The substance of today’s decree is not of immense personal
importance to me. The law can recognize as marriage
whatever sexual attachments and living arrangements
it wishes, and can accord them favorable civil
consequences, from tax treatment to rights of inheritance.

2 OBERGEFELL v. HODGES
SCALIA, J., dissenting
Those civil consequences—and the public approval that
conferring the name of marriage evidences—can perhaps
have adverse social effects, but no more adverse than the
effects of many other controversial laws. So it is not of
special importance to me what the law says about marriage.
It is of overwhelming importance, however, who it
is that rules me. Today’s decree says that my Ruler, and
the Ruler of 320 million Americans coast-to-coast, is a
majority of the nine lawyers on the Supreme Court. The
opinion in these cases is the furthest extension in fact—
and the furthest extension one can even imagine—of the
Court’s claimed power to create “liberties” that the Constitution
and its Amendments neglect to mention. This
practice of constitutional revision by an unelected committee
of nine, always accompanied (as it is today) by extravagant
praise of liberty, robs the People of the most important
liberty they asserted in the Declaration of
Independence and won in the Revolution of 1776: the
freedom to govern themselves.

This broke his brain, didn't it?

Freudian
Mar 23, 2011

Nostalgia4Infinity posted:

I'm expecting it Monday.

Hopefully someone will quote this in 30 minutes to rub my wrongness in my face.

your wish

my command

BENGHAZI 2
Oct 13, 2007

by Cyrano4747
We are all gay Satan now

JehovahsWetness
Dec 9, 2005

bang that shit retarded

Fuckin Thomas posted:

The corollary of that principle is that human dignity
cannot be taken away by the government. Slaves did not
lose their dignity (any more than they lost their humanity)
because the government allowed them to be enslaved.
Those held in internment camps did not lose their dignity
because the government confined them. And those denied
governmental benefits certainly do not lose their dignity
because the government denies them those benefits. The
government cannot bestow dignity, and it cannot take it
away.

wow

Nate RFB
Jan 17, 2005

Clapping Larry
A good way to end the week.

Aurubin
Mar 17, 2011

So what's the one remaining case? I say Johnson.

Space Gopher
Jul 31, 2006

BLITHERING IDIOT AND HARDCORE DURIAN APOLOGIST. LET ME TELL YOU WHY THIS SHIT DON'T STINK EVEN THOUGH WE ALL KNOW IT DOES BECAUSE I'M SUPER CULTURED.

xbilkis posted:

Oh my god Scalia

I join THE CHIEF JUSTICE’s opinion in full. I write separately
to call attention to this Court’s threat to American
democracy.
The substance of today’s decree is not of immense personal
importance to me. The law can recognize as marriage
whatever sexual attachments and living arrangements
it wishes, and can accord them favorable civil
consequences, from tax treatment to rights of inheritance.

2 OBERGEFELL v. HODGES
SCALIA, J., dissenting
Those civil consequences—and the public approval that
conferring the name of marriage evidences—can perhaps
have adverse social effects, but no more adverse than the
effects of many other controversial laws. So it is not of
special importance to me what the law says about marriage.
It is of overwhelming importance, however, who it
is that rules me. Today’s decree says that my Ruler, and
the Ruler of 320 million Americans coast-to-coast, is a
majority of the nine lawyers on the Supreme Court. The
opinion in these cases is the furthest extension in fact—
and the furthest extension one can even imagine—of the
Court’s claimed power to create “liberties” that the Constitution
and its Amendments neglect to mention. This
practice of constitutional revision by an unelected committee
of nine, always accompanied (as it is today) by extravagant
praise of liberty, robs the People of the most important
liberty they asserted in the Declaration of
Independence and won in the Revolution of 1776: the
freedom to govern themselves.

, whined the man who was all too happy to join the majority in Bush v Gore

woke wedding drone
Jun 1, 2003

by exmarx
Fun Shoe

Drone posted:

"If you are among the many Americans--of whatever sexual orientation--who favor expanding same-sex marriage, by all means celebrate today's decision. Celebrate the achievement of a desired goal. Celebrate the opportunity for a new expression of commitment to a partner. Celebrate the availability of new benefits. But do not Celebrate the Constitution. It had nothing to do with it."

Oh, just cover me in this. Pour it onto me.

Shageletic
Jul 25, 2007

alnilam posted:

From the majority:
"Especially against a long history of disapproval of their relationships, this denial to same-sex couples of the right to marry works a grave and continuing harm. The imposition of this disability on gays and lesbians serves to disrespect and subordinate them. And the Equal Protection Clause, like the Due Process Clause, prohibits this unjustified infringement of the fundamental right to marry"
:hellyeah:

Holy poo poo Equal Protection Null bomb!!!!

Jealous Cow
Apr 4, 2002

by Fluffdaddy
^^^^^that part

Does that bit referring to larger discrimination against gays imply strict scrutiny or did we not get that?

sexpig by night
Sep 8, 2011

by Azathoth

Axel Serenity posted:

loooool Roberts tears are delicious

I will, Roberts. I will celebrate exactly that, I don't frankly give a poo poo if your view of the constitution gave me equal rights, all I care about is the fact that for the first time my government has no choice but to acknowledge that I was born the exact same kind of human being as my straight peers.

Shifty Pony
Dec 28, 2004

Up ta somethin'



Holy poo poo that's nutter even for Thomas.

Taerkar
Dec 7, 2002

kind of into it, really


We need a board filter to replace Justice Thomas with ironicat.

mdemone
Mar 14, 2001

Holy poo poo Clarence Thomas

amanasleep
May 21, 2008

JesusSinfulHands
Oct 24, 2007
Sartre and Russell are my heroes

quote:

Take, for example, this Court, which consists of only nine men and women, all of them successful lawyers who studied at Harvard or Yale Law School. Four of the nine are natives of New York City. Eight of them grew up in east- and west-coast States. Only one hails from the vast expanse in-between. Not a single Southwesterner or even, to tell the truth, a genuine Westerner (California does not count). Not a single evangelical Christian (a group that comprises about one quarter of Americans), or even a Protestant of any denomination. The strikingly unrepresentative character of the body voting on today’s social upheaval would be irrelevant if they were functioning as judges, answering the legal question whether the American people had ever ratified a constitutional provision that was understood to proscribe the traditional definition of marriage. But of course the Justices in today’s majority are not voting on that basis; they say they are not. And to allow the policy question of same-sex marriage to be considered and resolved by a select, patrician, highly unrepresentative panel of nine is to violate a principle even more fundamental than no taxation without representation: no social transformation without representation.

Welp wrap it up fellow Californians I guess we are not genuine Westerners

Also reading in between the lines I think Scalia wants affirmative action for under-represented populations on the SCOTUS

Slate Action
Feb 13, 2012

by exmarx

SCOTUSblog posted:

Scalia's dissent has an awesome footnote on page 7 (note 22): he says, "If, even as the price to be paid for a fifth vote, I ever joined an opinion for the Court that began: ‘The Constitution promises liberty to all within its reach, a liberty that includes certain specific rights that allow persons, within a lawful realm, to define and express their identity,’ I would hide my head in a bag. The Supreme Court of the United States has descended from the disciplined legal reasoning of John Marshall and Joseph Story to the mystical aphorisms of the fortune cookie." He is not happy with Justice Kennedy.

Unnnnnnnnnghhhh

alnilam
Nov 10, 2009

:laffo: Scalia:
If, even as the price to be paid for a fifth vote, I ever joined an opinion for the Court that began: ‘The Constitution promises liberty to all within its reach, a liberty that includes certain specific rights that allow persons, within a lawful realm, to define and express their identity,’ I would hide my head in a bag. The Supreme Court of the United States has descended from the disciplined legal reasoning of John Marshall and Joseph Story to the mystical aphorisms of the fortune cookie

Schnorkles
Apr 30, 2015

It's a little bit juvenile, but it's simple and it's timeless.

We let it be known that Schnorkles, for a snack, eats tiny pieces of shit.

You're picturing it and you're talking about it. That's a win in my book.

Tatum Girlparts posted:

I will, Roberts. I will celebrate exactly that, I don't frankly give a poo poo if your view of the constitution gave me equal rights, all I care about is the fact that for the first time my government has no choice but to acknowledge that I was born the exact same kind of human being as my straight peers.

tbf Roberts' dissent from scotusblog doesn't sound like tears or frothing rage [helllloooo Scalia] as he thinks that the proper place for this was within the democratic process. It's a pretty measured dissent that clearly tells people to go celebrate that its over, but he doesn't like that it was the court that did it.

SLOSifl
Aug 10, 2002


Johnson 8-1 Scalia. Alito dissenting.

Owning a sawed-off shotgun is not, in itself, a violent act. An obvious one.

Grey Fox
Jan 5, 2004

Roberts is a loving coward. He has the power and justification to make a positive impact on this country's civil rights, but instead he's content to wait out the status quo (remember how long it took every state to formally abolish segregation even after the court got involved?) despite the real harm coming to gay and lesbian couples.

His response to this case is ignorant of history and is further proof that he's just an opportunist that wants to play to both sides of politics.

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
Cool, glad to hear promising signs from Kennedy! Looks like I might have been wrong about him. Time to dive in to the decision, I guess.

Also holy poo poo Clarence Thomas. :stare:

The Warszawa
Jun 6, 2005

Look at me. Look at me.

I am the captain now.

JesusSinfulHands posted:

Welp wrap it up fellow Californians I guess we are not genuine Westerners

Also reading in between the lines I think Scalia wants affirmative action for under-represented populations on the SCOTUS

Shorter Scalia: "This Court and its New York sense of humor..."

Mr. Nice!
Oct 13, 2005

c-spam cannot afford



Slate Action posted:

Unnnnnnnnnghhhh

Was about to post that.

Chamale
Jul 11, 2010

I'm helping!



Scalia wrote the 8-1 majority opinion on Johnson v. United States. Owning an illegal weapon is not a violent crime. Consistent with the principles of his dissent on the ACA case yesterday.

xbilkis
Apr 11, 2005

god qb
me
jay hova
Scalia footnote:

quote:

If, even as the price to be paid for a fifth vote, I ever joined an opinion for the Court that began: “The Constitution promises liberty to all within its reach, a liberty that includes certain specific rights that allow persons, within a lawful realm, to define and express their identity,” I would hide my head in a bag. The Supreme Court of the United States has descended from the disciplined legal reasoning of John Marshall and Joseph Story to the mystical aphorisms of the fortune cookie.

Scalia on marriage and "hippies"

quote:

The opinion is couched in a style that is as pretentious as its content is egotistic. It is one thing for separate concurring or dissenting opinions to contain extravagances, even silly extravagances, of thought and expression; it is something else for the official opinion of the Court to do so. Of course the opinion’s showy profundities are often profoundly incoherent. “The nature of marriage is that, through its enduring bond, two persons together can find other freedoms, such as expression, intimacy, and spirituality.” (Really? Who ever thought that intimacy and spirituality [whatever that means] were freedoms? And if intimacy is, one would think Freedom of Intimacy is abridged rather than expanded by marriage. Ask the nearest hippie. Expression, sure enough, is a freedom, but anyone in a long-lasting marriage will attest that that happy state constricts, rather than expands, what one can prudently say.)

sexpig by night
Sep 8, 2011

by Azathoth

Schnorkles posted:

tbf Roberts' dissent from scotusblog doesn't sound like tears or frothing rage [helllloooo Scalia] as he thinks that the proper place for this was within the democratic process. It's a pretty measured dissent that clearly tells people to go celebrate that its over, but he doesn't like that it was the court that did it.

That's cool, he's less of a bitter poo poo than utterly hateful men like Scalia, but he's still straight up wrong what the constitution holds wrt equal protection for minority groups under federal law, and him basically pulling the salty fighting game community "YOU DIDN'T WIN, YOU DIDN'T WIN" owns.

woke wedding drone
Jun 1, 2003

by exmarx
Fun Shoe

Forever_Peace posted:

Cool, glad to hear promising signs from Kennedy! Looks like I might have been wrong about him. Time to dive in to the decision, I guess.

Also holy poo poo Clarence Thomas. :stare:

Can you link to his dissent or is it not out yet?

FistEnergy
Nov 3, 2000

DAY CREW: WORKING HARD

Fun Shoe
This is the best day. I wish I could send a giant 'Deal With It' .gif to every #tcot on twitter.

Cheesus
Oct 17, 2002

Let us retract the foreskin of ignorance and apply the wirebrush of enlightenment.
Yam Slacker

SedanChair posted:

Can you link to his dissent or is it not out yet?
It's all here:
http://www.supremecourt.gov/opinions/14pdf/14-556_3204.pdf

Grey Fox
Jan 5, 2004

quote:

Expression, sure enough, is a freedom, but anyone in a long-lasting marriage will attest that that happy state constricts, rather than expands, what one can prudently say.
Sorry about your lovely marriage, Scalia.

TinTower
Apr 21, 2010

You don't have to 8e a good person to 8e a hero.


:scaliatears:

Iprazochrome
Nov 3, 2008

quote:

but anyone in a long-lasting marriage will attest that that happy state constricts, rather than expands, what one can prudently say

take my wife... please

Aurubin
Mar 17, 2011

I don 't like guns but what the hell is there to dissent to in Johnson?

Shageletic
Jul 25, 2007

Jealous Cow posted:

^^^^^that part

Does that bit referring to larger discrimination against gays imply strict scrutiny or did we not get that?

Man who knows. Still haven't read the opinion, but if there aren't a thousand lawyers rewriting their gender discrimination briefs I'll eat my hat. The fact we didn't go this path 30 years ago is a loving travesty. Oh I am getting wasted this weekend!!!!!!

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
Oh my god this Scalia dissent is incredible.

I am so incredibly overjoyed that this will be his legacy.

In 20 years, the history books will include a single paragraph about an abrasive old fart who shouted about hippies and the war on Christians while gay marriage was finally made legal.

Mr. Nice!
Oct 13, 2005

c-spam cannot afford



Chamale posted:

Scalia wrote the 8-1 majority opinion on Johnson v. United States. Owning an illegal weapon is not a violent crime. Consistent with the principles of his dissent on the ACA case yesterday.

Not only that but they ruled that portions of the ACCA are unconstitutional.

Pron on VHS
Nov 14, 2005

Blood Clots
Sweat Dries
Bones Heal
Suck it Up and Keep Wrestling
Justice Scalia's opinion starts on page....69...

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The Warszawa
Jun 6, 2005

Look at me. Look at me.

I am the captain now.

Schnorkles posted:

tbf Roberts' dissent from scotusblog doesn't sound like tears or frothing rage [helllloooo Scalia] as he thinks that the proper place for this was within the democratic process. It's a pretty measured dissent that clearly tells people to go celebrate that its over, but he doesn't like that it was the court that did it.

On the other hand, adjudicating the rights of minority groups in a representative democracy is one of the most rock-solid reason to have an institution as counter-majoritarian as a life-tenured federal judiciary, so if this isn't the role of the Court I'm not sure what the gently caress he thinks it is.

(They're better disguised tears, but don't mistake them for some other form of saltwater.)

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