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  • #31
    Originally posted by Ben Kenobi View Post
    And in this matter - Reynolds provides precedent for determination of marriage as federal jurisdiction.
    The best case for you is that the Court kills DOMA as a violation of federalism and says this is a for the states to deal with.
    I make no bones about my moral support for [terrorist] organizations. - chegitz guevara
    For those who aspire to live in a high cost, high tax, big government place, our nation and the world offers plenty of options. Vermont, Canada and Venezuela all offer you the opportunity to live in the socialist, big government paradise you long for. –Senator Rubio

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    • #32
      Originally posted by DinoDoc View Post
      Absent Roe the majority consensus was headed along the path the legalization. The only thing Roe accomplished was to poison the debate and irritate everyone.
      I don't necessarily disagree with that; but it still stands that sometimes the Court must act to protect the weak.
      <Reverend> IRC is just multiplayer notepad.
      I like your SNOOPY POSTER! - While you Wait quote.

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      • #33
        The best case for you is that the Court kills DOMA as a violation of federalism and says this is a for the states to deal with.
        Not with spousal immigration visas and FF+C. I see nothing to justify the position that marriage is a state issue other than wishful thinking. All the precedents I can find (such as Reynolds), etc, argue just the opposite.
        Scouse Git (2) La Fayette Adam Smith Solomwi and Loinburger will not be forgotten.
        "Remember the night we broke the windows in this old house? This is what I wished for..."
        2015 APOLYTON FANTASY FOOTBALL CHAMPION!

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        • #34
          Originally posted by snoopy369 View Post
          I don't necessarily disagree with that; but it still stands that sometimes the Court must act to protect the weak.
          Are they social workers or judges?
          I make no bones about my moral support for [terrorist] organizations. - chegitz guevara
          For those who aspire to live in a high cost, high tax, big government place, our nation and the world offers plenty of options. Vermont, Canada and Venezuela all offer you the opportunity to live in the socialist, big government paradise you long for. –Senator Rubio

          Comment


          • #35
            Originally posted by snoopy369 View Post
            OK, on the SCOTUS topic, anyone care to explain this 5/4 split?
            Joining Scalia was Justice Clarence Thomas, Justice Ruth Bader Ginsburg, Justice Sonia Sotomayor and Justice Elena Kagan.

            Alito was joined by Chief Justice John Roberts, Justice Anthony Kennedy and Justice Stephen Breyer.


            This is on the drug dog case (which they came to the only reasonable conclusion, so I have no idea why it was 5-4). Scalia, Thomas, and the liberal women versus Roberts, Alito, and the liberal men? How does that come about?
            Because, believe it or not, the court is not as partisan as people would like to believe. On most cases, the split (if there is one) is uncorrelated to whether they were nominated by Republicans or Democrats.
            If there is no sound in space, how come you can hear the lasers?
            ){ :|:& };:

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            • #36
              I would be happy with DOMA being knocked down by federalism, furious if it were knocked down by some imaginary right to marry, and okay with it being upheld. By the way, this has nothing to do with whether I think it is good policy or not.
              If there is no sound in space, how come you can hear the lasers?
              ){ :|:& };:

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              • #37
                Originally posted by DinoDoc View Post
                Are they social workers or judges?
                Yes.
                <Reverend> IRC is just multiplayer notepad.
                I like your SNOOPY POSTER! - While you Wait quote.

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                • #38
                  Originally posted by snoopy369 View Post
                  Yes.
                  They chose the wrong vocation if they wanted to be a social worker.

                  PS This is the same reason I feel Bloomberg should adopt a few kids if he wants to treat people as if they were children to be raised by him.
                  I make no bones about my moral support for [terrorist] organizations. - chegitz guevara
                  For those who aspire to live in a high cost, high tax, big government place, our nation and the world offers plenty of options. Vermont, Canada and Venezuela all offer you the opportunity to live in the socialist, big government paradise you long for. –Senator Rubio

                  Comment


                  • #39
                    Originally posted by snoopy369 View Post
                    I don't necessarily disagree with that; but it still stands that sometimes the Court must act to protect the weak.
                    Wrong, the court must act to determine what the law is. The constitution must be written to protect the weak. And amended if it is insufficient.
                    If there is no sound in space, how come you can hear the lasers?
                    ){ :|:& };:

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                    • #40
                      Originally posted by Hauldren Collider View Post
                      Because, believe it or not, the court is not as partisan as people would like to believe. On most cases, the split (if there is one) is uncorrelated to whether they were nominated by Republicans or Democrats.
                      Good one, try again. I'm not necessarily saying this particular issue was likely to be a partisan one - I think it should've been 9-0. But the particular alignment intrigues me. I assume the rationale (from what little I've read) falls roughly on the sides:
                      * Majority: Right to privacy in your own home, 4th amendment originalists [Scalia/Thomas].
                      * Minority: Police powers to perform reasonable non-intrusive searches, 4th amendment literalists.

                      I'm just not sure I understand things like Kagan lining up with the Majority on this one, or Kennedy with the minority. Roberts I have no clue about in this field. Breyer might have been asleep?
                      <Reverend> IRC is just multiplayer notepad.
                      I like your SNOOPY POSTER! - While you Wait quote.

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                      • #41
                        I would be happy with DOMA being knocked down by federalism
                        HC how would you resolve the issues surrounding FF+C clause plus the spousal visas?
                        Scouse Git (2) La Fayette Adam Smith Solomwi and Loinburger will not be forgotten.
                        "Remember the night we broke the windows in this old house? This is what I wished for..."
                        2015 APOLYTON FANTASY FOOTBALL CHAMPION!

                        Comment


                        • #42
                          So who won? The spineless simpletons or the fabulous fags?
                          "The issue is there are still many people out there that use religion as a crutch for bigotry and hate. Like Ben."
                          Ben Kenobi: "That means I'm doing something right. "

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                          • #43
                            Originally posted by snoopy369 View Post
                            Good one, try again. I'm not necessarily saying this particular issue was likely to be a partisan one - I think it should've been 9-0. But the particular alignment intrigues me. I assume the rationale (from what little I've read) falls roughly on the sides:
                            * Majority: Right to privacy in your own home, 4th amendment originalists [Scalia/Thomas].
                            * Minority: Police powers to perform reasonable non-intrusive searches, 4th amendment literalists.

                            I'm just not sure I understand things like Kagan lining up with the Majority on this one, or Kennedy with the minority. Roberts I have no clue about in this field. Breyer might have been asleep?
                            You can believe what you like, but it actually isn't all that partisan. If you paid attention to more than the 2 or 3 really big constitutional law cases every year, and actually read the opinions of the justices, you'd realize that. But of course you'd rather buy into the cheap woe-is-america what-is-our-government "well OBVIOUSLY the supreme court is partisan!" opinion that is the current "common sense" without actually having any reason to know that.
                            If there is no sound in space, how come you can hear the lasers?
                            ){ :|:& };:

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                            • #44
                              Originally posted by Asher View Post
                              So who won? The spineless simpletons or the fabulous fags?
                              The umpires will take a few months to mull it over.
                              I make no bones about my moral support for [terrorist] organizations. - chegitz guevara
                              For those who aspire to live in a high cost, high tax, big government place, our nation and the world offers plenty of options. Vermont, Canada and Venezuela all offer you the opportunity to live in the socialist, big government paradise you long for. –Senator Rubio

                              Comment


                              • #45
                                I'd say the people that think the constitution says whatever they want it to say are the spineless simpletons, since they are too spineless to actually get their policy passed through legitimate democratic methods.
                                If there is no sound in space, how come you can hear the lasers?
                                ){ :|:& };:

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