US Supreme Court Discussions
- Voronwë the Faithful
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Re: US Supreme Court Discussions
It's a pretty low bar, too, but it clearly wasn't met here. I'm still surprised that Roberts acknowledged that.
"Spirits in the shape of hawks and eagles flew ever to and from his halls; and their eyes could see to the depths of the seas, and pierce the hidden caverns beneath the world."
Re: US Supreme Court Discussions
Thank you, Túrin, that was a helpful response.
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I wanna throw my body in the river and drown
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I wanna throw my body in the river and drown
-The Decemberists
Re: US Supreme Court Discussions
What Yov said.
'You just said "your getting shorter": you've obviously been drinking too much ent-draught and not enough Prim's.' - Jude
- Voronwë the Faithful
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Re: US Supreme Court Discussions
Sorry that my response was unhelpful.
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"Spirits in the shape of hawks and eagles flew ever to and from his halls; and their eyes could see to the depths of the seas, and pierce the hidden caverns beneath the world."
Re: US Supreme Court Discussions
V! Really. I would be lost half the time without you translating legalese.
'You just said "your getting shorter": you've obviously been drinking too much ent-draught and not enough Prim's.' - Jude
- Voronwë the Faithful
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Re: US Supreme Court Discussions
Another HUGE win in the Supreme Court. Or rather, the avoidance of a huge loss.
The court (with Roberts once again providing the deciding vote) blocked the Louisiana law that would have largely banned abortions in the state by requiring that abortion providers have admitting privileges at a nearby hospital. This would have closed virtually all clinics in the state, and is widely accepted by experts to not be medically necessary. The majority decision was written by Justice Breyer, with Roberts writing a concurring decision basically saying that while he doesn't really agree with the legal reasoning, he can't justify overturning the precedent set just a few years ago in 2016 when the court overturned a virtually identical law in Texas, with Justice Kennedy providing the deciding vote (with Roberts joining the dissent).
The court (with Roberts once again providing the deciding vote) blocked the Louisiana law that would have largely banned abortions in the state by requiring that abortion providers have admitting privileges at a nearby hospital. This would have closed virtually all clinics in the state, and is widely accepted by experts to not be medically necessary. The majority decision was written by Justice Breyer, with Roberts writing a concurring decision basically saying that while he doesn't really agree with the legal reasoning, he can't justify overturning the precedent set just a few years ago in 2016 when the court overturned a virtually identical law in Texas, with Justice Kennedy providing the deciding vote (with Roberts joining the dissent).
"Spirits in the shape of hawks and eagles flew ever to and from his halls; and their eyes could see to the depths of the seas, and pierce the hidden caverns beneath the world."
Re: US Supreme Court Discussions
'You just said "your getting shorter": you've obviously been drinking too much ent-draught and not enough Prim's.' - Jude
Re: US Supreme Court Discussions
The fate of Americans is ultimately decided by five unelected people.
If there was anything that depressed him more than his own cynicism, it was that quite often it still wasn't as cynical as real life.
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- RoseMorninStar
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Re: US Supreme Court Discussions
For better or worse. One of the reasons picks are so important.Frelga wrote:The fate of Americans is ultimately decided by five unelected people.
V, I'm glad you posted that bit because the article I had read left me confused as to exactly what happened.
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- Dave_LF
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Re: US Supreme Court Discussions
I'm intrigued by an argument I read somewhere that the size of the Supreme Court should be expanded, and not just by like 2 or 4 justices, but something more on the order of 100.Frelga wrote:The fate of Americans is ultimately decided by five unelected people.
Re: US Supreme Court Discussions
Same here. I knew Roberts said yes, and because of “precedence”, but not that he had dissented the last time!RoseMorninStar wrote:For better or worse. One of the reasons picks are so important.Frelga wrote:The fate of Americans is ultimately decided by five unelected people.
V, I'm glad you posted that bit because the article I had read left me confused as to exactly what happened.
Regarding the number of justices, the problem won’t change until we have this 2-party split. Which is so weird - the American population does not split so neatly into two camps on every issue!
'You just said "your getting shorter": you've obviously been drinking too much ent-draught and not enough Prim's.' - Jude
Re: US Supreme Court Discussions
V, would like your opinion on this opinion regarding Roberts’ vote:
https://www.nytimes.com/2020/07/02/opin ... berts.html?
https://www.nytimes.com/2020/07/02/opin ... berts.html?
'You just said "your getting shorter": you've obviously been drinking too much ent-draught and not enough Prim's.' - Jude
- Voronwë the Faithful
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Re: US Supreme Court Discussions
Inanna, my opinion of that opinion piece is very high. Linda Greenhouse has described the situation very well, she is clearly very knowledgeable about the issue, knows the law, knows the dynamics of the Court, and her point of view is virtually identical to my own.
That having been said, I'm not optimistic about the future of abortion in this country.
That having been said, I'm not optimistic about the future of abortion in this country.
"Spirits in the shape of hawks and eagles flew ever to and from his halls; and their eyes could see to the depths of the seas, and pierce the hidden caverns beneath the world."
Re: US Supreme Court Discussions
Thanks, V. So you believe, as she does, that Roberts left open that loophole deliberately?
'You just said "your getting shorter": you've obviously been drinking too much ent-draught and not enough Prim's.' - Jude
- Voronwë the Faithful
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Re: US Supreme Court Discussions
Yes, absolutely.
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"Spirits in the shape of hawks and eagles flew ever to and from his halls; and their eyes could see to the depths of the seas, and pierce the hidden caverns beneath the world."
Re: US Supreme Court Discussions
Bah. Thanks!
'You just said "your getting shorter": you've obviously been drinking too much ent-draught and not enough Prim's.' - Jude
Re: US Supreme Court Discussions
FYI:
Clicked from NYTimes.
Clicked from NYTimes.
'You just said "your getting shorter": you've obviously been drinking too much ent-draught and not enough Prim's.' - Jude
- Voronwë the Faithful
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Re: US Supreme Court Discussions
The court ruled that states can penalize faithless electors and otherwise enforce pledges, avoiding chaos. They also ruled that political robocalls to cell phones can be banned. That's it for today, so the big cases of Trump's tax returns, the ACA contraception case, and the religious ministerial exception to employment discrimination cases are still to come.
"Spirits in the shape of hawks and eagles flew ever to and from his halls; and their eyes could see to the depths of the seas, and pierce the hidden caverns beneath the world."
- Voronwë the Faithful
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Re: US Supreme Court Discussions
Two bad decision today in my view. The court sided with the Trump administration's attempt to end the ACA's contraception mandate, and greatly expanded the 'ministerial exception' in employment discrimination. I'll say more later when I have more time.
Tomorrow they announce the Trump tax cases and I think there is one other, but I don't remember at the moment.
ETA:
Tomorrow they announce the Trump tax cases and I think there is one other, but I don't remember at the moment.
ETA:
"This sweeping result is profoundly unfair. The Court is not only wrong on the facts, but its error also risks upending
antidiscrimination protections for many employees of religious entities. Recently, this Court has lamented a perceived “discrimination against religion.” E.g., Espinoza v Montana Dept. of Revenue, ante, at 12. Yet here it swings the pendulum in the extreme opposite direction, permitting religious entities to discriminate widely and with impunity for reasons wholly divorced from religious beliefs. The inherent injustice in the Court’s conclusion will be impossible to ignore for long, particularly in a pluralistic society like ours. One must hope that a decision deft enough to remold Hosanna-Tabor to fit the result reached today reflects the Court’s capacity to cabin the consequences tomorrow.
I respectfully dissent."
Justice Sonia Sotomayor in dissent
"Spirits in the shape of hawks and eagles flew ever to and from his halls; and their eyes could see to the depths of the seas, and pierce the hidden caverns beneath the world."
- RoseMorninStar
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Re: US Supreme Court Discussions
One of the issues is that companies (like Hobby Lobby) will proclaim they are 'ministerial entities' because they are a Christian based company and sell (some) religious goods.
My heart is forever in the Shire.