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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

#131

Post by capguy255 »

refurb wrote: post #118
capguy255 wrote: post #97

Earlier quoted context omitted.

You think it's a good thing that the judiciary is an ivory tower with absolutely no regard for public perception? These nine people are unelected and appointed to their positions for life. They are insulated from political pressure by the other branches of government. But it is incredibly damaging to a democratic republic if government is unaccountable to the people. Not to mention, the basic premise of THIS OPINION…

You think it's a good thing that the judiciary is an ivory tower with absolutely no regard for public perception? Yes! That the entire point of the Supreme Court. It’s amazing how many comments don’t even understand basic civics and how the US government is structured.

Factually inaccurate. Your statement could be said about the political branches as well, given that direct elections didn't exist when the Constitution was originally drafted the Congress/President were appointed by state legislatures.

But more specifically -- when the country was founded jurisdiction of the court was limited in nature and mainly involved mediating disputes between state governments. The idea that the Court was the ultimate arbiter of constitutional interpretation was a radical idea that was essentially imposed by the first Supreme Court justice.

If you think that the Court shouldn't be concerned with public opinion, well, the court staying out of public opinion is a large part of Alitio's reasoning here and that belies his argument. If being tasked with issuing public and controversial opinions, the justices shouldn't be political activists who are imposing their own personal agendas regardless of political opinion.

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

#132

Post by elliekelly »

incomingpain wrote: post #91
eganist wrote: post #2

The main topic may be a bit more heated and less aligned with typical discussions on HN, but as a DC resident and security/policy wonk I found the details of the breach of the Supreme Court's veil to be much more fascinating. Main topic is the leak of the draft opinion overturning Roe v. Wade. https://www.politico.com/news/2022/05/02/supreme-court-abort...

The main topic is inappropriately flagged, but you can clearly see the meltdown and why it's flagged. In terms of a breach, I don't believe I've seen anything like this. They seem to have figured out who leaked this. That person will have to live with their decision. I don't know how they will justify or rationalize it, but I don't fathom I would want to be them right now. Insider threat is very commonly a breach/lea…

> They seem to have figured out who leaked this.

Source? Can you elaborate? This is the first I’ve seen anything even mentioned about identifying the source of the leak.

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

#133

Post by spoils19 »

ideashower wrote: post #65
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.

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

#134

Post by kadoban »

refurb wrote: post #19
kadoban wrote: post #16

Earlier quoted context omitted.

The judicial branch already disregarded the process. See the current court's use of the shadow docket, and hell, _this decision_ itself.

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…

> And again, there is nothing stopping Congress from turning around and passing a new abortion law that maintains the status quo.

Nothing except Congress being useless. When empty land gets to vote, and half of it votes against functioning government, unsurprisingly nothing gets done.

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

#135

Post by throwpp034578 »

aaomidi wrote: post #120
Mountain_Skies wrote: post #104

Earlier quoted context omitted.

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.

This is such a bad faith argument I don't even know how to cover it. People are gonna die because of this and you're here AXTUALLTIing this?

No post body was provided.

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

#136

Post by elliekelly »

spoils19 wrote: post #133
ideashower wrote: post #65

Earlier quoted context omitted.

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

Quoted post unavailable.

Terrorism? Really? What law, specifically, has the source even broken? Anyone outraged by this leak should call their Senators and Congressional Representatives and demand more stringent ethical rules for the federal judiciary and funding for their implementation and enforcement.

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

#137

Post by bruceb »

bullfightonmars wrote: post #110
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.

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.

Now isn't then, then isn't now. There are no on going marches against gay sex or marriage. Abortion is a on going divisive battle that goes beyond most issues.

This being said there are lot of R politicians who secretly hate this potential ruling. They want to say a few words about being pro-life, raise some money and thats it. They don't want the blow back of abortion actually becoming illegal.

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

#138

Post by tbrownaw »

rayiner wrote: post #67
sjg007 wrote: post #52

Earlier quoted context omitted.

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.

The fact that liberals peg their views of the Supreme Court’s “legitimacy” on a cluster fuck of an opinion as Roe v. Wade speaks volumes. Roe is so bad that it has long united libertarian conservatives (who hate it because it makes up a right out of thin air) and social conservatives (who had abortion on the merits). In addition to that it manages to be wildly out of line with international norms, which: 1) Generally…

> In addition to that it manages to be wildly out of line with international norms

Isn't our take on freedom of speech rather out of line with international norms? And probably also our take on bearing arms being a right?

I don't think I buy the implied claim that being out of line with norms is necessarily a bad thing.

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

#139

Post by rayiner »

slg wrote: post #98
rayiner wrote: post #90

Earlier quoted context omitted.

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…

You have to either be extremely naive or totally oblivious of the current political climate in the US to think this ends with only a ban on abortions after 24 weeks.

No, I think “this ends up” the same way as Europe: most places get a ban at the end of the first trimester, when the fetus has a face and can suck its thumb. Some states ban it or near ban it, like Poland or Ireland until a couple of years ago. A handful of blue states end up with abortion until birth.

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

#140

Post by HabiusRex »

chanakya wrote: post #106
purple_ferret wrote: post #42

Earlier quoted context omitted.

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.

well said.
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