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The Supreme Court

Muggsy Blue

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Aug 1, 2001
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Two momentous decisions, one yesterday and one today. Roberts votes right, , yesterday and the moderate Kennedy joins the Liberals both days. Well done gentleman, well done!
 
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They did the right thing in today's Gay Marriage case. I'm surprised that it was only a 5-4 decision. I expected 7-2 or 6-3 with only Thomas & Scalia dissenting.

TK
 
Agreed, Muggsy. America has a long way to go, but so many positive steps are taking place. Meanwhile, our President just delivered a truly moving eulogy in Charleston. A fine voice, he has. He and Bernie Sanders should cut an album together (Sanders had a folk album out in 1987). On that front, here's something interesting: The Democrats not only get permission to use all the good songs in their campaigns, but can also do a little singing. Meanwhile, Donald Trump is probably negotiating for the rights to use "Cat Scratch Fever" or "Wango Tango."

These are remarkable and historic times for America. It'll be interesting to see how this era is taught in high school social studies classes in the future. As it is the middle school students at the school where I work are witnessing history. I hope they're home absorbing it all this summer because everything happening is making our country a better place for them.
 
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The federal government should have no involvement in marriage whatsoever, this is a quintessential states' rights issue.

After this ruling why should there even be any states' rights, shouldn't everything be one size fits all? Why even have states/borders?
 
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The federal government should have no involvement in marriage whatsoever, this is a quintessential states' rights issue.

After this ruling why should there even be any states' rights, shouldn't everything be one size fits all? Why even have states/borders?


This comes as no surprise, but the better question might be "Why have a Constitution", as it is being subverted at every turn. Next on the docket will be the Constitutionality of Newton's First Law which JimSouls claims is a white man's contrivance aimed at keeping blacks in chattel. (I predict a 6-3 ruling declaring it unconstitutional :) ) I shudder to think what is being taught in his classroom. As far as how all these events will be viewed in the future, that's an easy one: whatever Big Brother wants will be taught from books supplied by the Ministry of Truth. Room 101 here we come.

I know Obama promised to change a great nation, but I never believed he'd succeed so easily.
Thanks, Republicans, you've been a big help in protecting our rights and privileges.
 
I've still yet to hear a good reason why any American would be against gay marriage. Oh wait, it doesn't matter anymore because marriage equality is now the law of the land. Thus ends a terrific legacy week for our President. America keeps moving forward.
 
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The federal government should have no involvement in marriage whatsoever, this is a quintessential states' rights issue.

After this ruling why should there even be any states' rights, shouldn't everything be one size fits all? Why even have states/borders?

Well based on this view inter-racial marriages should also be allowed or disallowed on a state by state basis and the same with segregated facilities etc. Sorry we are one nation not 50 different sovereignty's. This is a civil rights issue and by its very nature a national issue. But for the sake of argument even if the SC ruled it a state issue they would have been required to give the marriages full faith and credit from one state to another should the couple move to another state. If the court did that it would have pretty much had the same effect as yesterday's decision. In the end however they did the right thing.

Tom K
 
Sorry we are one nation not 50 different sovereignty's.

So the United States of America doesn't mean anything? So you want to dismantle all states, boundaries, etc.? One size fits all. Could be a good answer but be careful what you wish for.

At least consensual polygamy is now legal in all 50 states.
 
Well based on this view inter-racial marriages should also be allowed or disallowed on a state by state basis and the same with segregated facilities etc.

Definitely a good point but then there shouldn't be any states or state laws such as driving laws, gun laws, state budgets, etc. After all we one big nation, not 50 individual labs of democracy. You should help pay for California's drought, California should help pay for NJ's public colleges, etc.
 
Our nation and its president have had a very good week. Why can't everyone just be proud and happy? This rooting against the country and President Obama because of personal political beliefs has grown tiresome. Every American should have their civil rights and be eligible for healthcare coverage. Since my wife and I got our healthcare through Obamacare, we are thrilled by the latter. We're also encouraged to see our country moving in a positive direction. We've still go a long way to go, but there are many more happy Americans today than there were prior to the 2008 election. Would someone care to explain why this might be a bad thing?
 
I dunno JimSouls how the historians will record this or how it will be recorded in US History II books, probably incorrectly. I just learned that Lincoln was a racist who wanted to send Negroes back to Africa, so Lord knows how those incompetent public schools will teach this historical era.
 
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Our nation and its president have had a very good week. Why can't everyone just be proud and happy? This rooting against the country and President Obama because of personal political beliefs has grown tiresome. Every American should have their civil rights and be eligible for healthcare coverage. Since my wife and I got our healthcare through Obamacare, we are thrilled by the latter. We're also encouraged to see our country moving in a positive direction. We've still go a long way to go, but there are many more happy Americans today than there were prior to the 2008 election. Would someone care to explain why this might be a bad thing?

Maybe because you're a blind shill, and not everyone agrees with you? I'm in the healthcare industry, and can tell you that a victory for "Obamacare" is neither moving the industry, nor the country, forward.

Let's pretend that redefining marriage is a good thing, for a second. If only that were all there was to it. I was listening to NPR, in the car on Sunday morning, and they had some LGBT activist on, and were quoting a famous gay actor, as well. Really scary, subversive stuff, talking about "a long way to go...getting into every school, and home," with the intention of being sure that everyone falls in line with "the new normal."

They said the next step would be transgenders and gender-neutrals, meaning, for instance, removing the gender separation in public restrooms.

I'm sorry, you are what your chromosomes say you are (and yes, there are rare XYY's and XXY's, etc), and clearly these people have some form of mental illness. Regardless of what the law says, or will be further distorted to say, you can't force everyone to shrug and call it normal....or can you? They certainly intend to try.

What Jim calls a nation moving forward is what the other 50% of us see as one going down the shitter, and accelerating since neo-progressivism began.
 
Donnie, there is nothing wrong with all Americans being able to have health insurance. Does it need tweaking? Yes, but that doesn't mean making people go without. My wife and I would be screwed without it, but to someone like you that is a good thing. Why would you care about other people so long as you have yours?

As for your opinion on same-sex marriage, it is beyond lame. I disagree that homosexuality is "some form of mental illness.," and it's not my (or your) business anyway. If you think the country is "going down the shitter" because more people are now going to be married and happy, I feel sorry for you. Gay people being able to marry doesn't hurt one single person in this country. Not one. The main problem you have with President Obama's successes is that you didn't vote for him. It's all about you and your politics, not what's best for the people of this country. Fortunately everyone's life doesn't revolve around your self-centeredness. If you looked at all those people celebrating the Supreme Court's ruling this weekend and saw a country going down the shitter, then you have major issues. And as conservatives have been so fond of saying in the past, if you don't like it you can leave.
 
I dunno JimSouls how the historians will record this or how it will be recorded in US History II books, probably incorrectly. I just learned that Lincoln was a racist who wanted to send Negroes back to Africa, so Lord knows how those incompetent public schools will teach this historical era.

Muggsy, as someone who works in a public school in Northeast Tennessee, I wouldn't say they're incompetent. The curriculum they're required to teach is another story. After five years of it, I am looking to move on. A lot of teachers are frustrated by what education has turned into. If I was teaching social studies, I don't think I'd be able to handle it. Too many parents want their kids to go on hating. The Lincoln stuff is comical. He was seen as a divider in his time and was reviled in the South for ending slavery.
 
Muggsy was being sarcastic.
I never said homosexuals were mentally ill.
I never said people should go uninsured.
Then you tell me that I should leave the country.

What do you do in the middle school? I hope it's sweeping the floors, and not teaching, because you either can't comprehend the written word, or you are such an idealogue that you will twist them. Probably the latter, because given that <2% of people are actually gay, all that celebration you witnessed was that of the promotion of an ideology; most don't have a horse in the race.

How do you know who I voted for? I've voted "D," over the years as much as "R." Can you say the same? Go back and read your post, and see if you have a leg to stand on, accusing anyone of partisan politics. You sound like a brainwashed 10 year-old. Thanks for letting me know what my problem is; yours is clearly half-baked assumptions. Please do NJ a favor and stay in Middle Tennessee.
 
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Donnie, there is nothing wrong with all Americans being able to have health insurance. Does it need tweaking? Yes, but that doesn't mean making people go without.

Health insurance is a responsibility not some government provided and mandated right. What else should the government provide that one can't provide for himself??? The health care insurance mess was caused by government intervention.

Obamacare checks the box of getting more people covered by heath insurance but it's shitty coverage so health care outcomes are no better, maybe worse, all at a HUGE cost.
 
As for your opinion on same-sex marriage, it is beyond lame. I disagree that homosexuality is "some form of mental illness.," and it's not my (or your) business anyway. If you think the country is "going down the shitter" because more people are now going to be married and happy, I feel sorry for you. Gay people being able to marry doesn't hurt one single person in this country. Not one.

I agree with you here, I thought the Supreme Court ruling was wrong because of the impact on federalism. This seemed like the quintessential states' rights issue but then 14th Amendment reared its head. So be it.

Based on the majority opinion though, anything that is legal in your home state is now also legal in any other state you may be in. Like concealed carry and marijuana. Gambling too. It's a great day.
 
They said the next step would be transgenders and gender-neutrals, meaning, for instance, removing the gender separation in public restrooms.

I'm sorry, you are what your chromosomes say you are (and yes, there are rare XYY's and XXY's, etc), and clearly these people have some form of mental illness.

Excellent Donnie, you are what your genes say you are for public consumption. If you want to run around pretending you're something you're not on your own time and place, that's your business but in public (ie, restrooms, etc.), if you have a penis, you're a man; if you have a vagina, you're a woman.

Same for race. If you have two black parents, you're black. If you have two white parents, you're white. If you have one black parent and one white parent, you're half black, half white.
 
I am completely opposed to gender neutral bathrooms if that means urinals have to be replaced by stalls. I cannot support anything that infringes on my right to breeze in and out of public bathrooms to make Number 1. Someone has to stand up for those of us who stand up.
 
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[QUOTE="JIMSOULS, post: 78276, member: 558"
Gay people being able to marry doesn't hurt one single person in this country. Not one..[/QUOTE]

Try telling that to Brendan Eich or the owners of various bakeries. And this is only the
beginning. The homofascists are just getting warmed up.
 
About 40 million people are still uninsured...can't even really check that box
 
I agree with you here, I thought the Supreme Court ruling was wrong because of the impact on federalism. This seemed like the quintessential states' rights issue but then 14th Amendment reared its head. So be it.

Based on the majority opinion though, anything that is legal in your home state is now also legal in any other state you may be in. Like concealed carry and marijuana. Gambling too. It's a great day.

Your answer disappoints me. I know you are too smart to believe that Obergfell expressly approves concealed carry, marijuana or gambling and for a guy who values keeping it real, I think this sort of slippery slope argument is beneath you.

The courts did what they were supposed to do. States were approving/barring gay marriage at different speeds. Federal courts were divided on the issue as well. The Supreme Court addressed the issue (as it often does when district courts do not agree) and ruled in favor of marriage equality, at least in part because of the 14th Amendment.

Equal protection is not going to be used for or against gambling. Gun issues are a political third rail and it appears the court is not prepared to wade into this debate in a definitive way, at least not for awhile.

You may be onto something with Marijuana legalization. I believe more states will legalize or at a minimum decriminalize it. At some point, there may be a need to for the SC to step into this debate, although I think the legal reasoning will be more along the lines of interstate commerce.

As much as I respect your strong states rights stance, I think you are fighting a losing battle. That issue is settled. States can do what they want until it conflicts with the Federal government.
 
s
About 40 million people are still uninsured...can't even really check that box

Maybe Mr. Souls will share information on his good fortune in having Obamacare, information as to deductibles and premiums. When his costs decrease, as the President promised, he can advise us, so we can share his joy.
 
I've still yet to hear a good reason why any American would be against gay marriage. Oh wait, it doesn't matter anymore because marriage equality is now the law of the land. Thus ends a terrific legacy week for our President. America keeps moving forward.

The emphasis seems to be on your ability to "hear". Four of nine SC justices "hear" good reasons. The majority of the voters on virtually every plebiscite on the topic "hear" good reasons. Heck, even on this board we have had many threads with scores of posts, but we know you do not "hear" the reasons explained here.
 
Well based on this view inter-racial marriages should also be allowed or disallowed on a state by state basis and the same with segregated facilities etc.

So are you saying that you see no difference at all in judging a person's "actions" as opposed to judging a person's genetic makeup?


Sorry we are one nation not 50 different sovereignty's.

So should we just scrub the Constitution as no longer of import?


This is a civil rights issue and by its very nature a national issue.

Although 5 of 9 see it as a Civil Rights issue, I agree with the Chief Justice's analysis.


But for the sake of argument even if the SC ruled it a state issue they would have been required to give the marriages full faith and credit from one state to another should the couple move to another state. If the court did that it would have pretty much had the same effect as yesterday's decision.

Please read or listen on CSpan to the oral arguments on this case to learn that this is less than accurate on its face.
 
Muggsy, as someone who works in a public school in Northeast Tennessee....

If you work in a Public school then I am sure you have health care benefits through your employer. If you work in a private school I would be shocked if health insurance were not available through the school and at a price competitive with Obamacare without the deleterious impact on efficacy posed by that abomination.
 
The Star Ledger had the results of a recent poll asking the following question - Do you think that the Supreme Court is too liberal, too conservative or about right? The results are as follows:

33% Too liberal
29% About right
27% Too conservative
10% Not sure

It seems the court has hit a sweet spot where no one really knows what it is. If you were asked this question, how would you respond?
 
Our current Supreme Court breaks down as 5 consevatives vs 4 liberals on most issues, but when push comes to shove on important issues especially those involving civil rights they usually do the right thing. Ideally the Justices should look at each case on the specific merits rather than routinely voting along party lines.

TK
 
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http://www.supremecourt.gov/opinions/14pdf/14-556_3204.pdf
Chief Justice Roberts said:
Petitioners make strong arguments rooted in social policy and considerations of fairness. They contend that same-sex couples should be allowed to affirm their love and commitment through marriage, just like opposite-sex couples. That position has undeniable appeal; over the past six years, voters and legislators in eleven States and the District of Columbia have revised their laws to allow marriage between two people of the same sex.

But this Court is not a legislature. Whether same-sex marriage is a good idea should be of no concern to us. Under the Constitution, judges have power to say what the law is, not what it should be. The people who ratified the Constitution authorized courts to exercise “neither force nor will but merely judgment. ” The Federalist No. 78, p. 465 (C. Rossiter ed. 1961) (A. Hamilton) (capitalization altered).

Although the policy arguments for extending marriage to same-sex couples may be compelling, the legal arguments for requiring such an extension are not. The fundamental right to marry does not include a right to make State change its definition of marriage. And a State’s decision to maintain the meaning of marriage that has persisted in every culture throughout human history can hardly be called irrational. In short, our Constitution does not enact any one theory of marriage. The people of a State are free to expand marriage to include same-decouples, or to retain the historic definition.

Today, however, the Court takes the extraordinary step of ordering every State to license and recognize same-sex marriage. Many people will rejoice at this decision, and I begrudge none their celebration. But for those who believe in a government of laws, not of men, the majority’s approach is deeply disheartening. Supporters of same-sex marriage have achieved considerable success persuading their fellow citizens—through the democratic process—to adopt their view. That ends today. Five lawyers have closed the debate and enacted their own vision of marriage as a matter of constitutional law. Stealing this issue from the people will for many cast a cloud over same-sex marriage, making a dramatic social change that much more difficult to accept.


”There is no serious dispute that, under our precedents, the Constitution protects a right to marry and requires States to apply their marriage laws equally. The real question in these cases is what constitutes “marriage,” or—more precisely—who decides what constitutes “marriage”?....The majority purports to identify four “principles and traditions” in this Court’s due process precedents that support a fundamental right for same-sex couples to marry. Ante, at 12. In reality, however, the majority’s approach has no basis in principle or tradition, except for the unprincipled tradition of judicial policymaking that characterized discredited decisions such as Lochner v. New York, 198 U. S. 45. Stripped of its shiny rhetorical gloss, the majority’s argument is that the Due Process Clause gives same-sex couples a fundamental right to marry because it will be good for them and for society. If I were a legislator, I would certainly consider that view as a matter of social policy. But as a judge, I find the majority’s position indefensible as a matter of constitutional law....

Allowing unelected federal judges to select which unenumerated rights rank as “fundamental”—and to strike down state laws on the basis of that determination—raises obvious concerns about the judicial role. Our precedents have accordingly insisted that judges “exercise the utmost care” in identifying implied fundamental rights, “lest the liberty protected by the Due Process Clause be subtly transformed into the policy preferences of the Members of this Court.” Washington v. Glucksberg, 521 U. S. 702, 720 (1997) (internal quotation marks omitted); see Kennedy, Unenumerated Rights and the Dictates of Judicial Restraint 13 (1986) (Address at Stanford) (“One can conclude that certain essential, or fundamental, rights should exist in any just society. It does not follow that each of those essential rights is one that we as judges can enforce under the written Constitution. The Due Process Clause is not a guarantee of every right that should inhere in an ideal system.”).
.


Justice J [I]ALITO[/I] said:
For today’s majority, it has a distinctively postmodern meaning. To prevent five unelected Justices from imposing their personal vision of liberty upon the American people, the Court has held that “liberty” under the Due Process Clause should be understood to protect only those rights that are “‘deeply rooted in this Nation’s history and tradition. ’” Washington v. Glucksberg, 521 U. S. 701, 720–721 (1997). And it is beyond dispute that the right to same-sex marriage is not among those rights.....If a bare majority of Justices can invent a new right and impose that right on the rest of the country, the only real limit on what future majorities will be able to do is their own sense of what those with political power and cultural influence are willing to tolerate. Even enthusiastic supporters of same-sex marriage should worry about the scope of the power that today’s majority claims.



Justice C Thomas said:
The Court’s decision today is at odds not only with the Constitution, but with the principles upon which our Nation was built. Since well before 1787, liberty has been understood as freedom from government action, not entitlement to government benefits. The Framers created our Constitution to preserve that understanding of liberty. Yet the majority invokes our Constitution in the name of a "liberty” that the Framers would not have recognized, to the detriment of the liberty they sought to protect. Along the way, it rejects the idea—captured in our Declaration of Independence—that human dignity is innate and suggests instead that it comes from the Government. This distortion of our Constitution not only ignores the text, it inverts the relationship between the individual and the state in our Republic. I cannot agree with it.




Justice J [I]SCALIA[/I] said:
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.
 
You do realize dissenting opinions are not the law don't you? Its like game 7 of the World Series and your team loses 5-4. The game is over. No reason to argue anymore. You lost. Live with it.

Tom K
 
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You do realize dissenting opinions are not the law don't you? Its like game 7 of the World Series and your team loses 5-4. The game is over. No reason to argue anymore. You lost. Live with it.

Tom K


Gee, Tom, is that really what "dissenting" implies??

I post this because it points out in detail how this decision is bad law. And scary precedent. Whether you were a lawyer or not --- I understand you are --- in reading all of the five opinions (four dissenting) it seems obvious that this issue is no more "over" than Dred Scott was (or the many other cited "bad law" precedents were).

Time will tell.
 
Gee, Tom, is that really what "dissenting" implies??

I post this because it points out in detail how this decision is bad law. And scary precedent. Whether you were a lawyer or not --- I understand you are --- in reading all of the five opinions (four dissenting) it seems obvious that this issue is no more "over" than Dred Scott was (or the many other cited "bad law" precedents were).

Time will tell.
Unlike Dred Scott, they got this right on first try.
 
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You do realize dissenting opinions are not the law don't you? Its like game 7 of the World Series and your team loses 5-4. The game is over. No reason to argue anymore. You lost. Live with it.

Tom K

That is true but since the Supreme Court doesn't make law, another Supreme Court could potentially overturn any other Supreme Court decision.
 
Yup this will be overturned at the same time Seton Hall's 1989 loss to Michigan is overturned. And as Seton75 says it was the right decision. No court is going to take away citizens civil rights once granted.

TK
 
You do realize dissenting opinions are not the law don't you? Its like game 7 of the World Series and your team loses 5-4. The game is over. No reason to argue anymore. You lost. Live with it.

Tom K

You're not guilty of it often, Tom, but, unfortunately, this is what partisan politics has devolved into. "'We' won, and 'you' lost." "If you don't like it leave."

A dissenting opinion isn't to be squelched, regardless of the outcome. A solid half of the country agrees with Scalia.
 
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