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YABO713

SCOTUS

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4 hours ago, DarkandStormy said:

https://www.cnn.com/2020/06/18/politics/daca-immigration-supreme-court/index.html

 

They get to the right decision, but the reasoning is...uh...wild.  Basically, it boils down to Trump may have said he wanted to do this for discriminatory reasons but plaintiffs can't say the cabinet officials were listening to Trump when they did the thing Trump told them to do.

The reasoning is the only thing that matters. it matters much more than the result of the decision. The reasoning and rules created by their analysis are what precedent that other cases base their rulings on. For example, everyone on the right cites Roberts Health Care decision as a travesty of justice. While I may disagree some with his analysis and felt that he tried to ram a square peg into a round hole with it, what he more importantly did with the opinion had zero to do with the health care law. The most important thing gleaned from the decision was a check on the power of the commerce clause which essentially was used by Congress to ram through any bill they wanted and justify the Constitutionality.  A lot of times when making these rulings, the decision in the case is secondary. The general public only pays attention to the decision, but the important stuff is the reasoning behind it. That is what the law is built on. 

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Opinion analysis: Court rules that religious schools cannot be excluded from state funding for private schools

 

https://www.scotusblog.com/2020/06/opinion-analysis-court-rules-that-religious-schools-cannot-be-excluded-from-state-funding-for-private-schools/

 

By a vote of 5-4, the justices ruled in Espinoza v. Montana Department of Revenue that the state court’s interpretation of the Montana constitution violated the U.S. Constitution, which protects the free exercise of religion. States are not required to subsidize private education, Chief Justice John Roberts explained in his opinion for the majority. But if they opt to do so, they cannot exclude religious schools from receiving those funds simply because they are religious.

 

==============

 

Probably not of particular relevance for Ohio, because we don't have a Blaine Amendment in the first place; those were generally anti-Catholic state constitutional amendments and Ohio had enough of a Catholic presence to prevent something like that here in the 19th century when such amendments were being passed.  (I think we're actually the largest state in the country that doesn't have such a state constitutional amendment.)

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Rumors swirling in conservative circles that Alito is considering retiring.

Edited by DarkandStormy

Very Stable Genius

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1 hour ago, DarkandStormy said:

Rumors swirling in conservative circles that Alito is considering retiring.


There are rumors about Thomas as well.

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^ it's Trump desperation. he needs something to fire up his base. I'm not sure it will work anyway. It will fire up the left as well.

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40 minutes ago, freefourur said:

^ it's Trump desperation. he needs something to fire up his base. I'm not sure it will work anyway. It will fire up the left as well.

 

Remember though, Republicans have said we can't vet any new SCOTUS nominations in an election year.  

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Just now, jonoh81 said:

 

Remember though, Republicans have said we can't vet any new SCOTUS nominations in an election year.  

 

If it happens, you can bet the farm that McConnell will go back on that theory.  

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Just now, Cleburger said:

 

If it happens, you can bet the farm that McConnell will go back on that theory.  

 

Naturally. 

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26 minutes ago, jonoh81 said:

 

Remember though, Republicans have said we can't vet any new SCOTUS nominations in an election year.  

That only applies to Democratic presidents.

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McConnell has already said Trump should get to nominate judges this year because he isn't term limited like Obama was. He doesn't care about letting the people decide, which was his justification in 2016. 

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Supreme Court Won’t Block Ruling to Halt Work on Keystone XL Pipeline

https://nytimes.com/2020/07/06/us/politics/supreme-court-keystone-xl-pipeline.html

 


"Nearly every problem that we have in the USA -- unaffordable health care, prison overpopulation, hyper militarization, climate change, racism, gun violence, poverty, poor education, urban sprawl and others -- cannot be positively addressed because bribery and conflicts of interest are legal under campaign finance laws which protect the uber-wealthy and the narrow self-interests who grossly benefit from our afflictions."

 

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https://abcnews.go.com/Politics/scotus-rules-religious-groups-exempt-obamacare-mandate-contraception/story?id=71254754

 

Quote

The Supreme Court on Wednesday ruled 7-2 in favor of religious groups on the question of access to oral contraception under the Affordable Care Act, saying they were exempt from the Obamacare health care law provision that guarantees free contraceptive services.

 

John Rock was the co-inventor of the birth control pill and was a devout Catholic.  

 

https://www.cnn.com/2020/07/08/politics/supreme-court-ruling-religious-freedom/index.html

 

Quote

The Supreme Court threw out two job bias lawsuits brought by teachers against their religious employers, reaffirming that religious institutions and schools have a First Amendment right to select their employees.

 

The justices clarified the class of employees who are barred from suing their religious employers, in a case examining when a religious institution is shielded from anti-discrimination law.

 

Thousands of school teachers just lost basic employment protections because SCOTUS wants religious employers to be exempt from such laws.  Cool, cool.  Totally normal.  They cited "precedent" that they made up...wait for it...8 years ago.

 

Anyway, tomorrow will bring us the decisions on access to Trump's financial records.


Very Stable Genius

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1 hour ago, DarkandStormy said:

https://abcnews.go.com/Politics/scotus-rules-religious-groups-exempt-obamacare-mandate-contraception/story?id=71254754

 

 

John Rock was the co-inventor of the birth control pill and was a devout Catholic.  

 

 

This is an example of a decision that is actually a win or non really a loss for the liberal side despite the outcome in the case. It is one of those cases where the details and analysis are more important than the result. It is important to realize what was not decided in this case vs what the initial short term outcome of the case was.  While the specific issue of the case centered around a contraceptive requirement, the case really was not about birth control. Keep that in mind.

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