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How rare is a Supreme Court breach? Very rare

politico.com

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

#101

Post by rayiner »

hindsightbias wrote: post #33

Unherd of before rulings, but this is the big one. But they’re just warming up. Obergefell v. Hodges, Affirmative Action… a lot of unwinding in the next generation. Remember, both sides are the same. /s

Like Roe, Obergefell would be another decision where if the Supreme Court overruled, it would simply make the law the same as Europe: https://eclj.org/marriage/the-echr-unanimously-confirms-the-...

Likewise in affirmative action. You just listed three things where the supposedly arch conservative Supreme Court is simply making our law the same as France.

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

#102

Post by rayiner »

ceejayoz wrote: post #56
bruceb wrote: post #45

Earlier quoted context omitted.

No. No state is going after that. People don't care enough. There are not significant anti gay sex groups.

It was explicitly banned in quite a few states less than twenty years ago, and Florida passed notable anti-gay legislation just last month.

No post body was provided.

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

#103

Post by LeoNatan25 »

eganist wrote: post #70
WillPostForFood wrote: post #64

Earlier quoted context omitted.

The court works on their opinions in public silence for months, what "hot take" court opinions are you talking about?

> The court works on their opinions in public silence for months, what "hot take" court opinions are you talking about? The subject of public discourse at this hour. https://www.politico.com/news/2022/05/02/supreme-court-abort...

A draft for the majority of SCOTUS opinion can hardly, and should not, be seen as a “hot take”.

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

#104

Post by Mountain_Skies »

aaomidi wrote: post #71
hammock wrote: post #35

Earlier quoted context omitted.

Aka a chilling effect (a phrase invented in high court opinion) on justice, if unpopular

Quoted post unavailable.

The Supreme Court isn't banning abortion. It's moving the issue from the federal level to the state level. It will be members of state legislatures and their governors who will be banning abortion and obviously not in all states.

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

#106

Post by chanakya »

purple_ferret wrote: post #42
dragonwriter wrote: post #21

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.

The attitude which results in this kind of extreme rhetoric and unjustified bashing of institutions will lead to the decline of the US. For a civilization to remain strong and flourish, it has to have some confidence in itself.

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

#107

Post by xeromal »

ceejayoz wrote: post #24
refurb wrote: 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."

There was also precedent for defending slavery, women's right to vote, and other things but that didn't stop us from progressing or degressing(?) depending on what side you're on.

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

#108

Post by thatfrenchguy »

rayiner wrote: post #101
hindsightbias wrote: post #33

Unherd of before rulings, but this is the big one. But they’re just warming up. Obergefell v. Hodges, Affirmative Action… a lot of unwinding in the next generation. Remember, both sides are the same. /s

Like Roe, Obergefell would be another decision where if the Supreme Court overruled, it would simply make the law the same as Europe: https://eclj.org/marriage/the-echr-unanimously-confirms-the-... Likewise in affirmative action. You just listed three things where the supposedly arch conservative Supreme Court is simply making our law the same as France.

> Likewise in affirmative action. You just listed three things where the supposedly arch conservative Supreme Court is simply making our law the same as France.

The reason abortion is not legal until 22 weeks in France is because the Netherlands allows it, and our left-and-center governments don't want to spend the political capital on it. Same stupid reason why Democrats haven't passed a bill since Roe vs Wade.

That said, I would not want to be a Republican right now, giving people something stupid that they want is the best way to get to stupid-ass results.

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

#109

Post by brendoelfrendo »

mynameishere wrote: post #69

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.

We'll have to see how the courts view laws trying to criminalize abortions over state lines; several states are investigating ways to do this or have proposed legislation to do this. I can't really see them surviving serious legal challenge, but then, here we are having this conversation today.

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

#110

Post by bullfightonmars »

bruceb wrote: post #45
ceejayoz wrote: post #38

Earlier quoted context omitted.

Lawrence and Griswold may be on the chopping block, as well.

No. No state is going after that. People don't care enough. There are not significant anti gay sex groups.

Gay rights and gay marriage equality was one of the top culture war issues that Republicans were fighting against from the late 90s until Obergefell. It’s a best hit. They will definitely bring it back.
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