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The Future of the Supreme Court (Page 7)
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Waragainstsleep
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Jun 30, 2020, 08:20 PM
 
Thats not what I call them.
I have plenty of more important things to do, if only I could bring myself to do them....
     
subego  (op)
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Jul 2, 2020, 01:24 AM
 
Originally Posted by OreoCookie View Post
Alito dissented from the majority on Planned Parenthood vs. Casey as a judge of the Court of Appeals. So I'd take that with a grain of salt.

He would or he doesn't, but should?
I don't see that happening. Not because I take issue with your reasoning, but because I don't think Alito will follow this line of reasoning until its logical conclusion. When it comes to these issues, motivated reasoning is very strong — even in Supreme Court justices.

Look at his record, including his minority dissent on Planned Parenthood vs. Casey.
At your prompting, I read this dissent. It’s easy to build a profile of where he stands because he’s freaky consistent.

Alito doesn’t question the protection for abortion provided by law. In every dissent he reaffirms the law obligates him to provide these protections. He hasn’t budged on this for going on three decades.

Now, he’s a real unforgiving hardass when it comes to judging whether a law infringes on these protections, but as far as I can tell, he’s never ever questioned whether abortion is due these protections. His position is the law says it‘s due, so it’s due.

A court where Alito’s opinion was in the majority would no doubt be more restrictive of abortion, however it wouldn’t be a court intent on eliminating the protections abortion has been given. Throughout his entire career, Alito has treated these protections as settled law.
     
Waragainstsleep
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Jul 2, 2020, 04:18 AM
 
Its nice to know that there are at least some on the right prepared to respect the law over what they personally favour. I get the impression they are a nearly extinct breed these days.
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OreoCookie
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Jul 2, 2020, 10:18 AM
 
Originally Posted by subego View Post
At your prompting, I read this dissent. It’s easy to build a profile of where he stands because he’s freaky consistent.
First of all, kudos to you for reading the dissent. I haven't, so I'll take your summary at face value.
Originally Posted by subego View Post
Alito doesn’t question the protection for abortion provided by law. In every dissent he reaffirms the law obligates him to provide these protections. He hasn’t budged on this for going on three decades.
My dad was a lawyer and I worked for him during high school typing up legal texts of all sorts. I don't want to pretend I'm a lawyer, I'm not, but I have read in quite a bit of detail how lawyers argue. I'd say Alito is putting forth his best argument given the current legal framework. So as you say, as long as Roe vs. Wade hasn't been overturned, that's the current legal framework he has to stay within. And like you write:
Originally Posted by subego View Post
A court where Alito’s opinion was in the majority would no doubt be more restrictive of abortion, however it wouldn’t be a court intent on eliminating the protections abortion has been given.
Roe vs. Wade was not on the table — this time. But you can carve out so many exceptions to a right until it practically no longer exists. For example when it comes to voter ID laws, you can shape the law so as to surgically target one specific part of the electorate (say, you exclude students IDs, but accept hunting licenses). On paper, you are not disenfranchising one particular political group even though in practice you very much do. If this law comes before you as a judge, you can find good micro arguments to go either way, which allows you to give more weight to the theory of the law or they are put in practice.

Supreme Court justices are not stupid, they know full well what is going on. In some aspects, legal details do matter. But we shouldn't lose sight of the bigger picture.
Originally Posted by subego View Post
Throughout his entire career, Alito has treated these protections as settled law.
This is the only point where I'd quibble with you and say that Alito has in fact ruled on Planned Parenthood vs. Casey, the other relevant important precedent (as a lower court judge before he was elevated to the Supreme Court). So Alito has helped shape the current legal framework on abortion.


Zooming out again, I don't think it is smart either way to rely on the Supreme Court coming to the “right” conclusion, whatever you may consider this to be. But given that legislation on this topic is even less likely than legislation on any topic, you Americans need to rely on a bunch of really old people in funny robes making the “right” choice.
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Thorzdad
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Jul 2, 2020, 12:20 PM
 
Can anyone tell me why the court agreed to hear the Louisiana case in the first place? As I understand it, the law was, for all intents, identical to the Texas law which the court had already struck down.
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subego  (op)
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Jul 2, 2020, 03:39 PM
 
Two new justices since the Texas ruling.
     
OreoCookie
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Jul 2, 2020, 09:58 PM
 
Originally Posted by Thorzdad View Post
Can anyone tell me why the court agreed to hear the Louisiana case in the first place? As I understand it, the law was, for all intents, identical to the Texas law which the court had already struck down.
I heard that one of the factors was who the plaintiff was in this case vs. the previous one on the Texan abortion law.
Originally Posted by subego View Post
Two new justices since the Texas ruling.
That, too.
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subego  (op)
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Jul 4, 2020, 06:26 AM
 
Originally Posted by OreoCookie View Post
Supreme Court justices are not stupid, they know full well what is going on. In some aspects, legal details do matter. But we shouldn't lose sight of the bigger picture.
Let’s take a near-worst case scenario in Louisiana, where regulations whittle things down until there’s only one abortion provider left in the entire state.

Assuming this provider is in one of the top three metro areas, per the Casey test (within 150 miles of a provider), over half the state population still has access.

This is restricting abortion far beyond what the law allows, but even with that, it can’t exactly be said it’s been restricted to the point of unavailability.


P.S. I want to address the settled law part, but that’s a little more involved.
( Last edited by subego; Jul 4, 2020 at 08:28 AM. )
     
andi*pandi
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Yesterday, 02:28 PM
 
Roberts and others back in line to allow religious institutions to not include birth control in their health insurance packages, and religious schools free to discriminate however they wish. Oh, and in Montana tax credits can be used toward religious schools. Betsy Devos is getting her money's worth.

https://www.reuters.com/article/us-u...source=twitter

Some theorize this is throwing meat to Trump before coming out hard on the tax issue. We'll see.
     
subego  (op)
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Yesterday, 03:14 PM
 
Kagan is throwing meat to Trump?
     
Laminar
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Yesterday, 04:07 PM
 
I've lost track of what dimension of chess they're all playing at this point.
     
andi*pandi
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Yesterday, 05:33 PM
 
It's a little surprising Kagan went with the crowd on these. The vote was 7-2 with only Sotomayer and Ginsberg dissenting. So two judges went with majority.

I never considered that judges may have backroom dealings like other politicians "I'll vote for yours if you vote for mine." I hope not. The religious angle is a tricky one.

As many on twitter are saying, all the more reason to make healthcare not dependent on employer.
     
subego  (op)
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Yesterday, 06:12 PM
 
Maybe I’m being naive, but my guess is they don’t horse trade. There’s no real incentive, and morals and egos both get in the way.

Further, I get the impression they all enjoy getting into legal judo matches with each other.
     
Thorzdad
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Today, 10:25 AM
 
SCOTUS has ruled Trump must turn over his tax returns to the SDNY.
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