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The SCOTUS Chronicles (topical thread) - Printable Version

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The SCOTUS Chronicles (topical thread) - Thumpalumpacus - 07-03-2021

A thread to discuss decisions of the highest court.

Quote:The Supreme Court has decided it will hear a case against Maine’s ban on using financial aid through a state program to attend religious schools, the court announced Friday.

Families have challenged a Maine Department of Education policy that says public tuition dollars for families who don’t live near a public school can’t be used to send children to religious schools, but can be used to send them to public or private schools.

Plaintiffs in the case, Carson v. Makin, filed a petition earlier this year with the Supreme Court, which was granted on Friday. It is one of 10 cases that the high court added to its docket on Friday while closing out its nine-month term.

Maine Attorney General Aaron Frey (D) maintained in a statement reported by The Associated Press that religious schools are excluded from the public tuition dollars “because the education they provide is not equivalent to” public schools.

“Parents are free to send their children to such schools if they choose, but not with public dollars. I am confident that the Supreme Court will recognize that that nothing in the Constitution requires Maine to include religious schools in its public education system,” Frey said, according to AP.

https://thehill.com/homenews/state-watch/561338-supreme-court-to-hear-maine-ban-on-religious-school-funding

AG Frey seems a tad starry-eyed to me. I doubt the six conservatives on the court won't find some tortured logic and mix it with a little judicial activism.


RE: The SCOTUS Chronicles - Cavebear - 07-03-2021

(07-03-2021, 02:30 PM)Thumpalumpacus Wrote: A thread to discuss decisions of the highest court.

Quote:The Supreme Court has decided it will hear a case against Maine’s ban on using financial aid through a state program to attend religious schools, the court announced Friday.

Families have challenged a Maine Department of Education policy that says public tuition dollars for families who don’t live near a public school can’t be used to send children to religious schools, but can be used to send them to public or private schools.

Plaintiffs in the case, Carson v. Makin, filed a petition earlier this year with the Supreme Court, which was granted on Friday. It is one of 10 cases that the high court added to its docket on Friday while closing out its nine-month term.

Maine Attorney General Aaron Frey (D) maintained in a statement reported by The Associated Press that religious schools are excluded from the public tuition dollars “because the education they provide is not equivalent to” public schools.

“Parents are free to send their children to such schools if they choose, but not with public dollars. I am confident that the Supreme Court will recognize that that nothing in the Constitution requires Maine to include religious schools in its public education system,” Frey said, according to AP.

https://thehill.com/homenews/state-watch/561338-supreme-court-to-hear-maine-ban-on-religious-school-funding

AG Frey seems a tad starry-eyed to me. I doubt the six conservatives on the court won't find some tortured logic and mix it with a little judicial activism.

A rational SCOTUS would agree that public funds should not be used for religious education. But the current SCOTUS is not made up of rational neutral law judges.


RE: The SCOTUS Chronicles - Minimalist - 07-03-2021

Religitards never mind "judicial activism" when it supports their silly superstitions.


RE: The SCOTUS Chronicles - Inkubus - 07-03-2021

(07-03-2021, 02:30 PM)Thumpalumpacus Wrote: AG Frey seems a tad starry-eyed to me. I doubt the six conservatives on the court won't find some tortured logic and mix it with a little judicial activism.

What a great pity the famed 'Separation of Church and State' amendment ended up meaning no such thing, the supreme court is full of religious loons.
The likes of Kavanaugh & Barrett have worked their entire lives to achieve the position they hold and they have an a agenda. Roe vs Wade will be the first to go. Followed over the next few generations by moves to limit access to birth control, then dancing, then loud music...

Catholics are good at this; they have a history.

Your all fucked.


RE: The SCOTUS Chronicles - Cavebear - 07-03-2021

(07-03-2021, 03:47 PM)Inkubus Wrote:
(07-03-2021, 02:30 PM)Thumpalumpacus Wrote: AG Frey seems a tad starry-eyed to me. I doubt the six conservatives on the court won't find some tortured logic and mix it with a little judicial activism.

What a great pity the famed 'Separation of Church and State' amendment ended up meaning no such thing, the supreme court is full of religious loons.
The likes of Kavanaugh & Barrett have worked their entire lives to achieve the position they hold and they have an a agenda. Roe vs Wade will be the first to go. Followed over the next few generations by moves to limit access to birth control, then dancing, then loud music...

Catholics are good at this; they have a history.

Your all fucked.

As SCOTUS exists today, yes.


RE: The SCOTUS Chronicles - Inkubus - 07-03-2021

Look at the enormous backing and support they have. They aren't going anywhere for a while.


RE: The SCOTUS Chronicles - Cavebear - 07-03-2021

(07-03-2021, 03:57 PM)Inkubus Wrote: Look at the enormous backing and support they have. They aren't going anywhere for a while.

The conservatives have a winning plan. Young fanatics to stay on SCOTUS for 50 years!


RE: The SCOTUS Chronicles - Thumpalumpacus - 07-03-2021

(07-03-2021, 03:47 PM)Inkubus Wrote:
(07-03-2021, 02:30 PM)Thumpalumpacus Wrote: AG Frey seems a tad starry-eyed to me. I doubt the six conservatives on the court won't find some tortured logic and mix it with a little judicial activism.

What a great pity the famed 'Separation of Church and State' amendment ended up meaning no such thing, the supreme court is full of religious loons.
The likes of Kavanaugh & Barrett have worked their entire lives to achieve the position they hold and they have an a agenda. Roe vs Wade will be the first to go. Followed over the next few generations by moves to limit access to birth control, then dancing, then loud music...

Catholics are good at this; they have a history.

Your all fucked.

I'm not optimistic, but I'm not that pessimistic, either. While I agree they have an agenda, I think Roberts and Gorsuch are pretty sensitive to political currents in our broader political thought, and especially Roberts doesn't want his court tainted in history as a rubber-stamp for conservative views.

I could be wrong, but which justice (aside from Thomas) would be happy authoring the opinion on the 21st-century's version of Dred Scott? Not only do women turn out to vote higher proportionally, the also constitute a slight majority of all registered voters; women also tend to skew Democrat.

This court may limit Roe v Wade, but I doubt they'll vacate it. Vacating that decision would ensure Republican losses going forward for some time to come, and probably see the ultimate reversal of any decisions made under this court.

I guess the real question is, do Republicans think that far ahead? I think some do.


RE: The SCOTUS Chronicles - Cavebear - 07-03-2021

(07-03-2021, 09:19 PM)Thumpalumpacus Wrote:
(07-03-2021, 03:47 PM)Inkubus Wrote:
(07-03-2021, 02:30 PM)Thumpalumpacus Wrote: AG Frey seems a tad starry-eyed to me. I doubt the six conservatives on the court won't find some tortured logic and mix it with a little judicial activism.

What a great pity the famed 'Separation of Church and State' amendment ended up meaning no such thing, the supreme court is full of religious loons.
The likes of Kavanaugh & Barrett have worked their entire lives to achieve the position they hold and they have an a agenda. Roe vs Wade will be the first to go. Followed over the next few generations by moves to limit access to birth control, then dancing, then loud music...

Catholics are good at this; they have a history.

Your all fucked.

I'm not optimistic, but I'm not that pessimistic, either. While I agree they have an agenda, I think Roberts and Gorsuch are pretty sensitive to political currents in our broader political thought, and especially Roberts doesn't want his court tainted in history as a rubber-stamp for conservative views.

I could be wrong, but which justice (aside from Thomas) would be happy authoring the opinion on the 21st-century's version of Dred Scott? Not only do women turn out to vote higher proportionally, the also constitute a slight majority of all registered voters; women also tend to skew Democrat.

This court may limit Roe v Wade, but I doubt they'll vacate it. Vacating that decision would ensure Republican losses going forward for some time to come, and probably see the ultimate reversal of any decisions made under this court. I guess the real question is, do Republicans think that far ahead? I think some do.

Clarence Thomas (obligatory, sorry)
Samuel A. Alito, Jr
Neil M. Gorsuch
Brett M. Kavanaugh
Amy Coney Barrett
John G. Roberts, Jr

They are what they are.  Conservative reactionaries dedicated to white (aka Western European) supremacy and against non-white or progressive voters.  It is going to be 6-3 or 5-4 for a long time.  Roberts does "sometimes" vote with the majority only so he can write the opinion in a narrowest way to reduce the damage, but his heart is with the reactionaries.  He just wants to look good in history.


RE: The SCOTUS Chronicles - Minimalist - 07-03-2021

Quote:I guess the real question is, do Republicans think that far ahead? I think some do.

But they are heavily outnumbered by the assholes.


RE: The SCOTUS Chronicles - Thumpalumpacus - 07-03-2021

(07-03-2021, 10:44 PM)Minimalist Wrote:
Quote:I guess the real question is, do Republicans think that far ahead? I think some do.

But they are heavily outnumbered by the assholes.

Roberts seems to have an eye on the long game.


RE: The SCOTUS Chronicles - Cavebear - 07-04-2021

(07-03-2021, 11:45 PM)Thumpalumpacus Wrote:
(07-03-2021, 10:44 PM)Minimalist Wrote:
Quote:I guess the real question is, do Republicans think that far ahead? I think some do.

But they are heavily outnumbered by the assholes.

You're probably right. Thinking beyond the next election-cycle seems beyond their ken.

I agree. The Republicans have come fully to businesses that only look toward the next Quarter's margin. It's short-term. It works if the only thing is your next performance bonus, but it fails if your competitor is looking forward a yaer or so.

Amazon was considered dead back in 2009 or so (going by bad memory from a newspaper article yesterday). But Bezos had an idea and Amazon suddenly went from being worth a few million to a billion in a year. He ignored quarterlies for the long-term view. Equally, the Republicans can succeed maybe next time by manipulting the votes, but in the long-term, it won't succeed. There are only "so many" voters they have and the rest of the US is getting pretty pissed about the voter suppression.

A normal Party would recruit members to run who were electable and "close" to their views. Instead, they are doubling down on a dying base of "purists". Someone like Liz Cheney will take it over soon.


RE: The SCOTUS Chronicles - Minimalist - 07-04-2021

Let's not make too much of a hero of Liz Cheney.  She is every bit the murdering scumbag that her old man is.


RE: The SCOTUS Chronicles - Thumpalumpacus - 07-04-2021

The future of the Republican party is up in the air right now. I think a lot of them, especially in the House of Representatives, are doing their best to take stock, and tack with the winds. But they can't really predict what the winds are anymore, now that they've invited the loonies to the party; now they must appease them.

I think the Liz Cheneys are their best hope, but no one listens to me, so whatever.


RE: The SCOTUS Chronicles - Inkubus - 07-04-2021

(07-03-2021, 09:19 PM)Thumpalumpacus Wrote: I'm not optimistic, but I'm not that pessimistic, either. While I agree they have an agenda, I think Roberts and Gorsuch are pretty sensitive to political currents in our broader political thought, and especially Roberts doesn't want his court tainted in history as a rubber-stamp for conservative views.

I could be wrong, but which justice (aside from Thomas) would be happy authoring the opinion on the 21st-century's version of Dred Scott? Not only do women turn out to vote higher proportionally, the also constitute a slight majority of all registered voters; women also tend to skew Democrat.

This court may limit Roe v Wade, but I doubt they'll vacate it. Vacating that decision would ensure Republican losses going forward for some time to come, and probably see the ultimate reversal of any decisions made under this court.

I guess the real question is, do Republicans think that far ahead? I think some do.

Thanks for that my view was indeed rather simplistic. From your link:

Quote:In 2016, 63% of women who were eligible to vote said they cast ballots in the presidential election, compared with 59% of men. That 4 percentage point gender gap is similar to the 4-point gaps in 2012 and 2008 as well as the 3-point gaps in 2004, 2000 and 1996.

What a curious thing I would never have guessed that, four percentage points is a lot of votes.
Now factor in that crafty bastard Mitch McConnell I'm sure his machinations regarding GOP tactics for 2024 will take priority over the Vatican. For now.  Big Grin


RE: The SCOTUS Chronicles - Thumpalumpacus - 07-04-2021

(07-04-2021, 01:52 AM)Inkubus Wrote:
(07-03-2021, 09:19 PM)Thumpalumpacus Wrote: I'm not optimistic, but I'm not that pessimistic, either. While I agree they have an agenda, I think Roberts and Gorsuch are pretty sensitive to political currents in our broader political thought, and especially Roberts doesn't want his court tainted in history as a rubber-stamp for conservative views.

I could be wrong, but which justice (aside from Thomas) would be happy authoring the opinion on the 21st-century's version of Dred Scott? Not only do women turn out to vote higher proportionally, the also constitute a slight majority of all registered voters; women also tend to skew Democrat.

This court may limit Roe v Wade, but I doubt they'll vacate it. Vacating that decision would ensure Republican losses going forward for some time to come, and probably see the ultimate reversal of any decisions made under this court.

I guess the real question is, do Republicans think that far ahead? I think some do.

Thanks for that my view was indeed rather simplistic. From your link:

Quote:In 2016, 63% of women who were eligible to vote said they cast ballots in the presidential election, compared with 59% of men. That 4 percentage point gender gap is similar to the 4-point gaps in 2012 and 2008 as well as the 3-point gaps in 2004, 2000 and 1996.

What a curious thing I would never have guessed that, four percentage points is a lot of votes.
Now factor in that crafty bastard Mitch McConnell I'm sure his machinations regarding GOP tactics for 2024 will take priority over the Vatican. For now.  Big Grin

I reckon that between alienating female voters, and young voters as well, the Republicans are doing themselves in. They're eating seed-corn especially in ignoring the young.


RE: The SCOTUS Chronicles - SYZ - 07-04-2021

(07-03-2021, 03:47 PM)Inkubus Wrote: What a great pity the famed 'Separation of Church and State' amendment ended up meaning no such thing, the supreme court is full of religious loons...

John Sullivan Roberts— Catholic, age 54,
Clarence Thomas— Catholic, age 73,
Stephen Breyer— Jewish, age 82,

Samuel Alito Jr— Catholic, age 63,
Sonia Sotomayor— Catholic, age 67,
Elena Kagan— Jewish, age 61,

Neil Gorsuch— Unaffiliated? age 53,
Brett Kavanaugh— Catholic, age 56,
Amy Coney Barrett— Catholic, age 49.

According to findings from the Pew Research Center, about 23% of American
adults declare that they have no religious affiliation—which is two percentage
points more than the number who declare themselves Catholic. More than 3%
of Americans say that they're atheists—which means that there are more atheists
than Jews in the United States.  An additional 4% declare themselves as agnostic.  

Why then are none of the SCOTUS Justices atheist?  Is it all ultimately rigged?
Breyer has been sitting for 28 years, and Thomas for 30 fucking years!  SCOTUS
desperately needs some young blood to displace these aging relics still living in
the 1980s.  How's about the USG makes Justice terms of, say, two presidential
terms in order to force a court that better reflects the nation's mores and morals?

From a judicial perspective, an atheist Justice would be an asset. In controversial
cases about, say, same-sex marriage, stem-cell research, or access to abortion,
they'd be less likely to get mired in religion-based moral quandaries—which is
what happened with Antonin Scalia.  To him, religion-based moral objections
deserved more weight than either factual considerations—homosexuality being
not destructive for example—or rights-based concerns, such as protecting gay
or trans peoples' rights.

In addition, an atheist Justice, by contrast, would reason more intellectually.
They'd be more likely to focus on reason and empirical evidence, rather than
religious dogma.

"Equal Justice Under Law" seems to have been replaced with "Doubtful Justice Under Religion".     Thumbsdown


RE: The SCOTUS Chronicles - Thumpalumpacus - 07-04-2021

(07-04-2021, 01:10 PM)SYZ Wrote: How's about the USG makes Justice terms of, say, two presidential terms in order to force a court that better reflects the nation's mores and morals?

This would require a Constitutional amendment, which is an extraordinarily difficult process.


RE: The SCOTUS Chronicles - Minimalist - 07-04-2021

Quote:John Sullivan Roberts— Catholic, age 54,
Clarence Thomas— Catholic, age 73,
Stephen Breyer— Jewish, age 82,

Samuel Alito Jr— Catholic, age 63,
Sonia Sotomayor— Catholic, age 67,
Elena Kagan— Jewish, age 61,

Neil Gorsuch— Unaffiliated? age 53,
Brett Kavanaugh— Catholic, age 56,
Amy Coney Barrett— Catholic, age 49.


Definitely too many fucking catholicks!


RE: The SCOTUS Chronicles - no one - 07-04-2021

Can't the religious just pray for god to beam the education into them, along with that holy spirit?


RE: The SCOTUS Chronicles - Minimalist - 07-07-2021

Just another unethical RepubliKKKunt....but she's a catholick so I guess fucking jesus is fine with it!


https://prospect.org/justice/supreme-courts-inadequate-recusal-policy/


Quote:The Supreme Court’s Inadequate Recusal Policy

Justice Amy Coney Barrett declined to recuse herself in a case involving a nonprofit that spent over $1 million getting her confirmed to the Supreme Court.


Quote:U.S. Supreme Court justices can use concurring opinions to clarify, amplify, or even distance themselves from the majority opinion of the Court. Sometimes, the simple fact of concurrence, without any explanation, can tell us a great deal—perhaps more than intended—about a justice’s outlook and approach to the law. That is what happened when Justice Amy Coney Barrett joined Chief Justice Roberts’s 6-3 majority opinion in Americans for Prosperity Foundation v. Bonta, a case in which she should have recused herself.

The Americans for Prosperity Foundation (AFPF) brought the lawsuit to challenge a California law requiring charitable organizations to disclose the identities of their major donors to the state attorney general’s office. Organizations across the political spectrum, including the Cato Institute, the ACLU, and the NAACP, joined the litigation as amici curiae. It was the lead plaintiff, however, that created the conflict of interest for Justice Barrett. The AFPF happens to be the nonprofit arm of Americans for Prosperity, a Koch-financed advocacy organization that had publicly committed over $1 million to securing Barrett’s confirmation.

So she joins Clarence Thomas in the club of recusal refuseniks who are wholly owned by the superrich scumbags.


RE: The SCOTUS Chronicles - Cavebear - 07-07-2021

(07-04-2021, 02:48 PM)Minimalist Wrote:
Quote:John Sullivan Roberts— Catholic, age 54,
Clarence Thomas— Catholic, age 73,
Stephen Breyer— Jewish, age 82,

Samuel Alito Jr— Catholic, age 63,
Sonia Sotomayor— Catholic, age 67,
Elena Kagan— Jewish, age 61,

Neil Gorsuch— Unaffiliated? age 53,
Brett Kavanaugh— Catholic, age 56,
Amy Coney Barrett— Catholic, age 49.


Definitely too many fucking catholicks!

I never realized that distribution before, so "Thank You" for the info. I'm not sure it matters too much. Some groups have cultural drives to particular fields of study (not an evaluation, just an observation) for good reasons (allowed paths to success). I'd like to see an atheist on SCOTUS, though. That might add some broader scope to the decisions.


RE: The SCOTUS Chronicles - Dom - 07-23-2021

The FBI acknowledged receiving more than 4,500 tips during its background investigation of Supreme Court Justice Brett Kavanaugh, prompting a new wave of criticism from Senate Democrats who have long questioned the bureau's vetting process.

Though the Senate confirmed Kavanaugh by a narrow majority (50-48) three years ago, the process was defined by the emotional testimony of California university professor Christine Blasey Ford and Kavanaugh's angry denials that he sexually assaulted her in the early 1980s.

“The admissions in your letter corroborate and explain numerous credible accounts by individuals and firms that they had contacted the FBI with information highly relevant to ... allegations’ of sexual misconduct by Justice Kavanaugh, only to be ignored,” Whitehouse and Coons said in a letter to FBI Director Christopher Wray that was joined by five other Senate Democrats. “If the FBI was not authorized to or did not follow up on any of the tips that it received from the tip line, it is difficult to understand the point of having a tip line at all.”

Seizing on the FBI's newly disclosed letter, Ford's attorneys, Debra Katz and Lisa Banks, referred to the bureau's handling of the Kavanaugh inquiry as "a sham and major institutional failure."

Wade Henderson, interim president and CEO of the Leadership Conference on Civil and Human Rights, said Thursday that the review was "grossly mishandled."

"The Trump White House and Senate Republicans shamefully stifled an investigation to rush the process and guarantee their nominee a seat on the Supreme Court," Henderson said. "These unconscionable actions undermine the Senate’s constitutional role and continue to cast a shadow on the integrity of the court."


FBI received 4,500 tips during Brett Kavanaugh confirmation; Blasey Ford attorneys call it 'a sham' (yahoo.com)


RE: The SCOTUS Chronicles - Minimalist - 07-23-2021

Not at all surprising.


RE: The SCOTUS Chronicles - Thumpalumpacus - 07-23-2021

Golly gee, a sex-offender nominating another one orders the FBI to belay their investigation into the nominee advanced by the sexual predator who nominated Kavanaugh in the first place.

I'm stunned, startled, and surprised. No doubt the apologists will come out in force,