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Very Hot Topic (More than 25 Replies) SCOTUS (Read 2923 times)
Jeff
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SCOTUS
May 30th, 2019 at 8:16am
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I think it would be useful to have a thread devoted to SCOTUS, past and present.

Examples of how SCOTUS decisions and dissents act for and against the libertarian principles we all advocate.

In this case, I'd like to demonstrate the folly of labelling Justices as "conservative" or "liberal", "right" or "left":

https://reason.com/2019/05/29/dissenting-from-a-decision-blocking-a-retaliatory-...

I'll start with one th
  

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Little Big Man
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Re: SCOTUS
Reply #1 - May 31st, 2019 at 12:23pm
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Every SCOTUS justice is dedicated first to preserving the power of the states and second to using that power to advance his or her political ideology.

What else is new?
  

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EWS
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Re: SCOTUS
Reply #2 - May 31st, 2019 at 2:26pm
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Every SCOTUS is supposed to uphold the constitution, make decisions based on it. But when justice's that are so politicized are put in place, then their interpretation of what the constitution will always be seen through a left/right lens and never seen plainly.
  
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kaz
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Re: SCOTUS
Reply #3 - May 31st, 2019 at 3:05pm
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EWS wrote on May 31st, 2019 at 2:26pm:
Every SCOTUS is supposed to uphold the constitution, make decisions based on it. But when justice's that are so politicized are put in place, then their interpretation of what the constitution will always be seen through a left/right lens and never seen plainly.


Yep, justices should not matter if they are left or right.  The Constitution says what it does. Unfortunately, they only care if they are left or right
  

Contest winner:  I predicted Kaz' meltdown
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Jeff
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Re: SCOTUS
Reply #4 - May 31st, 2019 at 4:05pm
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EWS wrote on May 31st, 2019 at 2:26pm:
Every SCOTUS is supposed to uphold the constitution, make decisions based on it. But when justice's that are so politicized are put in place...
Like Gorsuch?

Or maybe more like Thomas?

It's most often not the Judges being considered that are political Judges, it's that the appointment and confirmation process has been completely politicized.

Not to say that Supreme Court Justices are, ever were, or ever will be completely apolitical...

Take them case by case. That's the fair way to do it. Don't just say "Gorsuch is a conservative and therefore as bad as the rest of the MAGA movement" and so discount his opinions.
  

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Jeff
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Re: SCOTUS
Reply #5 - Jun 3rd, 2019 at 4:09pm
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I don't think all libertarians are originalists, but certainly most of them are, because most of them are rational. Smiley

https://reason.com/2019/06/02/brett-kavanaugh-flunks-his-first-test-as-an-origin...

The "progressive" position is that laws mean whatever the government needs them to mean to suit changing conditions...

This bypasses the required legislative process and also the process needed to amend the Constitution. It's the essence of a rule of men rather than a rule of law.

That Kavanaugh was silent doesn't mean he isn't really an originalist as he said he was, but as the author of the article points out, "Originalist judges are fighting an uphill battle, and one of the best ways to gain ground is by writing a persuasive opinion, typically penned in concurrence or dissent. How else are you going to change minds and set the foundation for winning future cases?"
  

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Jeff
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Re: SCOTUS
Reply #6 - Jun 4th, 2019 at 8:12am
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This is good news for the cause of individual liberty:

https://www.cnn.com/2019/06/03/politics/clarence-thomas-retirement-rumors/index....
  

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Jeff
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Re: SCOTUS
Reply #7 - Jun 8th, 2019 at 8:06am
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This would change a lot in the basic structure of our government:

https://reason.com/2019/06/07/to-defeat-trump-new-york-times-columnist-argues-we...

The idea is to make America more democratic, so that "the will of the people", as expressed through their elected representatives, can't be thwarted by the courts, I.e. if the "majority" of the American people, whose "will" is expressed through the legislature, really want to ban political speech that opposes the "will of the people" being carried out, such speech can be suppressed by law and the courts can't overrule the law as unconstitutional.

A very bad idea I think.
  

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Jeff
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Re: SCOTUS
Reply #8 - Jun 11th, 2019 at 7:47am
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I had a couple of Reason articles I wanted to link to, but I pushed the wrong keys and shut my computer down and lost them and don't feel like finding them again.

One was retired Justice Stevens admission that the Kelo decision was wrongly reasoned, and I forget the other. Oh well.

Wait, here it is_

https://reason.com/2019/06/10/supreme-court-wont-reconsider-guantanamo-bays-inde...

And here's the first-

https://reason.com/2019/06/08/justice-stevens-admits-error-in-the-kelo-case-but-...

That was easy. Smiley
  

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Jeff
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Re: SCOTUS
Reply #9 - Jun 12th, 2019 at 6:36am
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Another very important argument in the S. Ct.:

https://reason.com/2019/06/11/neil-gorsuch-and-stephen-breyer-butt-heads-over-ju...

In case you're wondering, I think judicial deference to the legislature is highly questionable in most cases (I prefer deference to the Constitution. Deference to New Deal Era SCOTUS 'precedents' is bad too...), and deference to bureaucrats is never justified, certainly not when bureaucrats are interpreting the "rules" (rules SCOTUS gave the force of law) the bureaucrats wrote themselves...
  

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