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How rare is a Supreme Court breach? Very rare

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Re: How rare is a Supreme Court breach? Very rare

#81

SCOTUSblog’s Twitter has an on point take on the significance of the leak within the Court: https://twitter.com/SCOTUSblog/status/1521295411545260035?t=... It’s impossible to overstate the earthquake this will cause inside the Court, in terms of the destruction of trust among the Justices and staff. This leak is the gravest, most unforgivable sin.

[deleted]

Re: How rare is a Supreme Court breach? Very rare

#82

SCOTUSblog’s Twitter has an on point take on the significance of the leak within the Court: https://twitter.com/SCOTUSblog/status/1521295411545260035?t=... It’s impossible to overstate the earthquake this will cause inside the Court, in terms of the destruction of trust among the Justices and staff. This leak is the gravest, most unforgivable sin.

The sin is the opinion itself, everything else is secondary.

No post body was provided.

Re: How rare is a Supreme Court breach? Very rare

#83

Earlier quoted context omitted.

That is extremely unlikely. There's nothing to be gained by breaking the trust of the supreme court justices by leaking a draft of a decision you are in favor of. Now, the justices will be facing intense public discontent from those who want a different decision to be made before the draft is finalized (not that I suspect anything can realistically be changed at this point). If you favor the decision, then it also sp…

It could make the discussion about the leak, not the decision. It could soften the criticism of the decision itself. Seems to be working quite well, I'd say a success overall.

I doubt it's a success. Outside the HN bubble, the overturning itself is the main subject of discussion in places like reddit. In fact, if you take a quick look at the HN "new" queue, you'll see plenty of flagged/dead submissions that directly mention the decision but this one is the only one that gets through because HN disdains mainstream partisan topics like abortion.

Re: How rare is a Supreme Court breach? Very rare

#84

Oh, well. Roe is really bad law. I mean, just pure made-up gibberish. A real defilement of the Constitution. You should be able to love abortion and hate dada arguments for it at the same time. (I think?) Abortion will still be legal as a practical matter. Some people might have to travel to the next state over, of course.

> Some people might have to travel to the next state over, of course.

For the wealthy, this is no big deal. For the poor, that's a huge problem.

Especially since the next state over might well have their own restrictions that, e.g., require multiple doctor visits and a waiting period.

Poor women will die as a consequence of this decision.

Re: How rare is a Supreme Court breach? Very rare

#85
post #76

People focusing on the leak rather than what was actually leaked is testament to just how effective conservatives are at propaganda and messaging.. We don't know if this is a majority opinion. It may be a minority opinion in the hopes of becoming a majority opinion. It may not even be real (although that seems unlikely). It could've been leaked by someone on the right to drum up on support but my guess is it's more l…

"People focusing on the leak rather than what was actually leaked"

Have you taken the time to read it? It is the majority opinion. They vote first, then go to write opinions and dissents. It is not a dissent..

Re: How rare is a Supreme Court breach? Very rare

#86
post #52
post #5

Earlier quoted context omitted.

This is the bigger problem. There is a process and some people seem to think circumventing it is the right response. The courts will make a decision and then it's up to Congress to draft new laws if it wants. Undermining the process of the judicial branch is not going to end well at all.

If the Supremes overturn Roe vs Wade they will lose all of the legitimacy they’ve spent the last 70 years building. At that point the Court itself is fubar. It probably already is fubar since Trump anyway. Clarence Thomas and his wife’s Jan 6th involvement is just the cherry on top of a shit show. In the end they are falliable humans like the rest of us so perhaps we hold too high an opinion.

No post body was provided.

Re: How rare is a Supreme Court breach? Very rare

#87
post #19

Earlier quoted context omitted.

This decision is disregarding what process? This is the power vested in the Supreme Court. Edit: No, no law is “settled” and impossible to overturn. The comment said “casually overturned”, not “never overturned”. It’s how it’s supposed to work You don’t get to pick and choose what decisions you like and then attack the ones you don’t. If you do you undermine the decisions you don’t agree with AND the ones you do.” An…

> This decision is disregarding what process? Stare decisis, aka precedent. https://www.pbs.org/newshour/health/is-roe-v-wade-settled-la... "During his confirmation to the Supreme Court, Brett Kavanaugh convinced Sen. Susan Collins that he thought a woman’s right to an abortion was 'settled law,' calling the court cases affirming it 'precedent on precedent' that could not be casually overturned."

I have no problem with someone taking issue with a specific instance of overturning precedent, or the logic used to do so. But I don't think it's correct to say this never happens or ignores the process. We could look to a myriad of rulings related to slavery, Jim Crow, segregation, etc in which courts previously ruled on flawed precedent that was later overturned (although many bills were also used to help those changes along). It's rare, but it's a type of action that still exists within the overall legal process. I didn't realize the court held constitutional decisions as easier to overturn than statutory ones.

https://theconversation.com/the-supreme-court-has-overturned...

Re: How rare is a Supreme Court breach? Very rare

#88

Oh, well. Roe is really bad law. I mean, just pure made-up gibberish. A real defilement of the Constitution. You should be able to love abortion and hate dada arguments for it at the same time. (I think?) Abortion will still be legal as a practical matter. Some people might have to travel to the next state over, of course.

No post body was provided.

Re: How rare is a Supreme Court breach? Very rare

#90

SCOTUSblog’s Twitter has an on point take on the significance of the leak within the Court: https://twitter.com/SCOTUSblog/status/1521295411545260035?t=... It’s impossible to overstate the earthquake this will cause inside the Court, in terms of the destruction of trust among the Justices and staff. This leak is the gravest, most unforgivable sin.

Who cares. The supreme court has lost all credibility and has become just another political arm.

It takes some mental gymnastics to say that elective abortions to 24 weeks is a “human right” that’s so important it must be read into the Constitution—implying that countries like France, Denmark, Germany, Italy, and Spain are violating human rights by limiting abortions to the first trimester.

But to go further and say the Supreme Court “has lost all credibility” by returning US law to the international norm—where abortion is a legislative determination—is breathtaking.

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