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GaussianCopula posted:Actually the Defence of Marriage Act (DOPA) is still on the books, which means if Obergefell would be struck down, gay marriage would be federally outlawed again. And I wouldn't expect them to either for the same reason they voted against enshrining Roe: wouldn't want to alienate socially conservative voters by passing what Fox News would call babykiller bills or anti traditional marriage laws
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Jun 27, 2022 14:40
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Also, congress can absolutely override a SCOTUS decision with legislation. Well, it technically can, if it weren’t completely broken by bad faith actors.
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Jun 27, 2022 14:41
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5 minutes until 5 unaccountable life appointed people start releasing the next batch of right wing vomit. I'm expecting a bunch of opinions by Gorsich, Kavanagh, and maybe one from Barrett. Yes, I know i can't spell their names.
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Jun 27, 2022 14:55
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Cimber posted:5 minutes until 5 unaccountable life appointed people start releasing the next batch of right wing vomit. Just remember: you can't spell Kavanaugh without 'ugh'.
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Jun 27, 2022 14:57
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Apparently Thomas wrote a dissent in response to the Court failing to take up a case to try and undo NYT v Sullivan
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Jun 27, 2022 15:00
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Hieronymous Alloy posted:If it had been passed within the past two years it would have rendered the Dobbs case moot and forced the theocrats to start over, preserving Roe for another cycle. As well if they passed it now the fundies would need a new case with totally new arguments and that takes time to work its way through the courts so even if the supremes did come up with some new bullshit to strike it down it would protect the rights and lives of millions of women between now and then, at least a year if not more, which is not "jack poo poo"
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Jun 27, 2022 15:01
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https://twitter.com/SCOTUSblog/status/1541415141597712386
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Jun 27, 2022 15:04
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Kids can be forced to pray in school again. We're finally back on the righteous path and soon school shootings with be a thing of the past!
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Jun 27, 2022 15:04
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https://twitter.com/elizabeth_joh/status/1541422118125961216
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Jun 27, 2022 15:05
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Thomas will always just simply try to be the worst.
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Jun 27, 2022 15:07
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Separation of church and state was just a suggestion, I guess. Oh my god I hate this guy.
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Jun 27, 2022 15:07
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https://twitter.com/mjs_DC/status/1541422119963267072 HiStOrY aNd TrAdItIoN
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Jun 27, 2022 15:07
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I assume the outcome of this case would have been the same if the coach had been performing a satanic ritual on the 50-yard line, right?
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Jun 27, 2022 15:08
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moose47 posted:I assume the outcome of this case would have been the same if the coach had been performing a satanic ritual on the 50-yard line, right? I think you'll find that there aren't "historical practices and understandings" for anything but christian prayer
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Jun 27, 2022 15:09
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Next case is half decent and concerns racist rear end sentencing of crack vs powder cocaine, and helps to bring those sentences more in line.
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Jun 27, 2022 15:13
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moose47 posted:I assume the outcome of this case would have been the same if the coach had been performing a satanic ritual on the 50-yard line, right? Historic practices and understanding means freedom of Christian religion.
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Jun 27, 2022 15:16
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moose47 posted:I assume the outcome of this case would have been the same if the coach had been performing a satanic ritual on the 50-yard line, right? Funny, because Jesus explicitly said NOT to do that stuff. quote:And when you pray, do not be like the hypocrites. For they love to pray standing in the synagogues and on the street corners to be seen by men. Truly I tell you, they already have their full reward. 6But when you pray, go into your inner room, shut your door, and pray to your Father, who is unseen. And your Father, who sees what is done in secret, will reward you.
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Jun 27, 2022 15:23
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Last case of the day is basically a unanimous re: scienter when charging doctors for unauthorized prescription of opiods when the doctors did so in good faith. Eight cases left in the term.
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Jun 27, 2022 15:23
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It’s good to see the DoJ/DEA get slapped a little with their bizarre flailing around firing blindly response to the opioid crisis.
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Jun 27, 2022 15:38
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Piell posted:https://twitter.com/mjs_DC/status/1541422119963267072 Replacing the Lemon test with "gently caress it, what has that 1790 feeling" is in-line with the shallow minds of the Roberts court.
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Jun 27, 2022 15:43
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It's amazing to see this all play out. We're living through history right now. The Federalist Society et al has been planning this session, methodically moving their pieces into place on the board, for nearly 50 years. There are a lot of barely alive old white guys that are finally lighting that decades old cigar they've been saving. Well played, I guess. -Blackadder- fucked around with this message at 15:52 on Jun 27, 2022 |
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Jun 27, 2022 15:48
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Gerund posted:Replacing the Lemon test with "gently caress it, what has that 1790 feeling" is in-line with the shallow minds of the Roberts court. Pretty sure 1790 feeling won't accept Catholics or Jews on the Court.
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Jun 27, 2022 15:49
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-Blackadder- posted:It's amazing to see this all play out. We're living through history right now. The Federalist Society et al has been planning this session, methodically moving their pieces into place on the board, for nearly 50 years. There are a lot of barely alive old white guys that are finally lighting that decades old cigar they've been saving. Roe v. Wade being overturned has the same surreal feeling as a decades-long business clown becoming president where I'll be doing something and it'll hit me that yeah that actually happened. Looking forward for the demolition of the administrative state!
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Jun 27, 2022 15:55
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OddObserver posted:Pretty sure 1790 feeling won't accept Catholics or Jews on the Court. 1836 and 1916 predates the 1971 refined jurisprudence they just chucked out the window, but not by much!
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Jun 27, 2022 16:00
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I cannot imagine a more idiotic or more foreordained result feom this Court than a foobaw coach suing over his right to pray from the fifty yard line. Glad they wasted their time with that and not something more substantive. Next maybe it'll be a lawsuit over the right to wear American flag underwear
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Jun 27, 2022 16:40
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This ruling seemed not particularly objectionable. He’s allowed to pray in public but can’t be telling students to do so. The school objected because students might feel forced to join in. But that doesn’t seem totally persuasive. Of course, I look forward to a Muslim employee of the school doing the same thing and having the same parents get really mad.
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Jun 27, 2022 16:52
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Vegetable posted:This ruling seemed not particularly objectionable. He’s allowed to pray in public but can’t be telling students to do so. The school objected because students might feel forced to join in. But that doesn’t seem totally persuasive. Students felt that they had to join or losing playing time. From the 9th Circuit 
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Jun 27, 2022 16:53
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Piell posted:Students felt that they had to join or losing playing time. Yeah, he wasn't praying alone. Whole team was out there with him.
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Jun 27, 2022 16:55
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They will definitely feel forced to join in. This decision ignores that the social and personal context of the situation violates the spirit of the first amendment. Christian prayer will become mandatory for having a good experience on that football team, and many others
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Jun 27, 2022 16:55
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SporkChan posted:Yeah, he wasn't praying alone. Whole team was out there with him. https://twitter.com/steve_vladeck/status/1541429605520875522
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Jun 27, 2022 16:56
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Hieronymous Alloy posted:I cannot imagine a more idiotic or more foreordained result feom this Court than a foobaw coach suing over his right to pray from the fifty yard line. They used him forcing players to pray with him after games to further eviscerate any separation of christian church and state.
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Jun 27, 2022 17:00
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Vegetable posted:This ruling seemed not particularly objectionable. He’s allowed to pray in public but can’t be telling students to do so. The school objected because students might feel forced to join in. But that doesn’t seem totally persuasive.
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Jun 27, 2022 17:05
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Yeah I'm not studied on law but it seems like the big portion of this decision is that schools cannot ban religious activity just because they "fear" that it is against the law/constitution. Even if this particular circumstance was completely on the level, this opens schools up to being sued for literally anything that prevents students/teachers from doing religious activities. And then courts can use this as precedent to force them to allow it. So to avoid being sued, schools would be very afraid to disallow any actions even if they were beyond the pale/illegal. Also in general it seems like they've massively narrowed what can be counted as going against separation of church and state. A lot of knock on effects.
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Jun 27, 2022 17:05
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I remember the football team doing that while we played the alma mater after home games. Were covering for something?
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Jun 27, 2022 17:09
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haveblue posted:They will definitely feel forced to join in. This decision ignores that the social and personal context of the situation violates the spirit of the first amendment. Christian prayer will become mandatory for having a good experience on that football team, and many others "Well ya know....Adam, Bob and Chuck are all good football players. The fact that Adam and Bob get more snaps than Chuck has nothing to do with the fact that they prayed with me after the game and everything to do with the fact that in my opinion they are just slightly better than Chuck. Tiny bits better, so hard it takes a professional like me to determine it. We do want to win state, right?"
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Jun 27, 2022 17:09
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Vegetable posted:This ruling seemed not particularly objectionable. He’s allowed to pray in public but can’t be telling students to do so. The school objected because students might feel forced to join in. But that doesn’t seem totally persuasive. I mean you should assume any ruling around "religious liberty" by this court is going to be hosed up.
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Jun 27, 2022 17:10
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Mr. Nice! posted:Also, congress can absolutely override a SCOTUS decision with legislation. I mean, it depends on what the decision is. If SCOTUS applies a statute in a way that Congress disapproves of, Congress can pass a new statute that expressly applies in a different way. If SCOTUS strikes down a statute as unconstitutional, Congress can pass a different statute with the same purpose that it thinks passes scrutiny. Although it is VERY controversial and the limits have not really been tested, Congress may be able to limit jurisdiction to pass upon particular statutes. But what Congress cannot do is overrule SCOTUS’s interpretation of the constitution, or mandate the analysis it uses to decide constitutional issues. See City of Boerne v. Flores, 521 U.S. 507 (1997). That’s the case that struck down part of the Religious Freedom Restoretion Act. Per Kennedy, Congress could not mandate heightened scrutiny apply to generally applicable laws that do not facially discriminate against religion or particular religions (although it can apparently require heightened scrutiny apply to review of federal laws). I don’t think Congress could do much to fix the Dobbs decision, for example. Congress pretty clearly cannot establish that the fourteenth amendment includes a substantive right to legal abortion (this is basically Flores exactly), and I doubt this court will permit Congress to regulate abortion using, for example, the commerce clause. Ogmius815 fucked around with this message at 17:20 on Jun 27, 2022 |
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Jun 27, 2022 17:17
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Vegetable posted:
Well yeah Islamic prayers in school aren't deeply rooted in America's historical traditions!
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Jun 27, 2022 17:19
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I wonder how much debate/discussion happens between the judges today. It's one thing to interpret a vague wording in the constitution differently and have differing opinions, but to look at the same set of facts and just be dishonest about it, does Sotomayor get to call Gorsuch on his poo poo to his face? Are they holding each other to be intellectually accountable? Or have both sides resigned to be divided and are just doing their own thing in isolation.
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Jun 27, 2022 17:25
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OldMold posted:I wonder how much debate/discussion happens between the judges today. It's one thing to interpret a vague wording in the constitution differently and have differing opinions, but to look at the same set of facts and just be dishonest about it, does Sotomayor get to call Gorsuch on his poo poo to his face? Are they holding each other to be intellectually accountable? Or have both sides resigned to be divided and are just doing their own thing in isolation. Sotomayor would say "you idea would lead to x because a b c", Gorsych would say "not it wouldn't" and that would be the end of the discussion. The Republicans on the court would act like social pressure and stigmas doesn't exist, and that the coach will always be objective enough to not let it affect their decisions. Every coach, everywhere, forever. Just like how they said "it can only be bribery if you say 'I'm giving you money to vote my way", when they struck down campign finance laws, as if implications and subtext can't exist. Oh it's all lies and everyone involved in the discussion would know it. But nothing to be done about it.
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