Supreme Court Gay Marriage Rulings Will Come Tomorrow

Discussion in 'Too Hot for Swamp Gas' started by GatorBen, Jun 25, 2013.

  1. GatorBen
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    GatorBen Well-Known Member

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    I haven't gotten a chance to read them yet, but I assume this means Kennedy talks at length about giving meaning to the "liberty" protected by the 5th Amendment, while Scalia fusses about unintended consequences, unclear tests, and prior things that Kennedy has decided incorrectly or inconsistently?

    (i.e., this looks much like the language in their respective opinions in Romer and Lawrence?)
  2. g8rjd
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    g8rjd Well-Known Member

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    In addressing Alito's argument that Congress should be able to bring suit:

    Scalia in fine form...
  3. g8rjd
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    g8rjd Well-Known Member

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    Of course! But Scalia always does it in an incredibly entertaining fashion! :)
  4. g8orbill
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    g8orbill Gators VIP Member

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    the sweeties seem to have won
  5. Gator40
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    Gator40 Avada Kedavra

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    You'll be fine. It's not like any of them are going to propose to you anyway.
  6. scamgtr
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    scamgtr VIP Member

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    I just got done reading most of the U.S. v. Windsor opinion ( here is the link http://www.supremecourt.gov/opinions/12pdf/12-307_g2bh.pdf ); not getting into the merits of the decision; but Associate Justice Scalia's tone in his dissenting opinion only proves he is probably the biggest d--head to be a Justice on the Supreme Court - ever. He sounds like a sore loser and bashes his colleagues like he is some petulant entitled punk that got his ass handed to him in a Little League game. This is the kind of thing that is tearing this country apart. You lost...you didn't have the votes - let it go and move on to the next thing. It really saddens me that he felt he needed to insult nearly everyone on the other side of the issue. It is a stunning lack of professionalism and huge middle finger to the winners. What happened to be dignified?

    I have read his decisions many times, but this one seemed especially venomous.
  7. GatorBen
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    GatorBen Well-Known Member

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    I think it's more or less in line with his Romer dissent which also ripped into Kennedy, claimed that he had opened pandora's box, fussed about "who care what the Europeans think," etc. Venomous is certainly a way to describe some of his dissents, but he is also one of the better writers on the Court.
  8. g8rjd
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    g8rjd Well-Known Member

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    Naw, it's typical Scalia, or as O'Conner says, "Nino being Nino." In other opinions he has accused Breyer of "despoiling our Northern woods" by wasting paper writing his thoughts, trashed the American Psyciatric Association as hypocrites, and plenty of others. Kennedy is one of his favorite targets because Kennedy loves ambiguous lofty phrases and mean nothing, while Scalia's philosophy is entirely different to that. Plus, standing is a pet issue for Scalia.

    In sum, it's Scalia as usual.
  9. GatorBen
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    GatorBen Well-Known Member

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    Interestingly the oral argument perception was that Kennedy didn't want to get to the state question, then he dissents from the opinion declining to reach it.

    Also interesting is what exactly this means for Walker's injunction, which he didn't really have the power to issue on a statewide basis in that case. But since no one with standing appealed his overbroad injunction, presumably that stands as well.

    And regarding Kennedy's lofty phrases, he has built on them so arguably they do mean something. He has pretty forcibly, at least in the sexual orientation context, advanced his reasoning about lofty ideals being encompassed within giving meaning to the "liberty" protected by the Constitution.
  10. g8rjd
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    g8rjd Well-Known Member

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    I was speaking generally.
  11. g8tr80
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    g8tr80 Well-Known Member

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    Gay Americans - the new royalty. We love everything about them. Can't get enough of them in print, on TV, in movies. The mere fact that they are gay makes them smarter and better and someone we should all aspire to be like. They are better parents, they read better books, have better taste, are by far wittier, and their gayness gives them a unique perception of everything we neanderthal straights can only dream about. They are American heros.

    Another bill of goods sold to the American people lock, stock and barrel.
  12. scamgtr
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    scamgtr VIP Member

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    I agree, he writes better than most of his brethren and often times, is far more clear in his communication. I just think that this kind of writing is not productive on divisive issues. He is entertaining and funny, just seems as conservative as he is, he might afford the office and those around him more decorum.
  13. GatorBen
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    GatorBen Well-Known Member

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    Fair enough, but you have a major Kennedy fan here so tread lightly, haha.
  14. g8rjd
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    g8rjd Well-Known Member

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    You have my condolences. ;)
  15. OaktownGator
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    OaktownGator Well-Known Member

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    Kennedy and Scalia must be fun together at dinner parties.
  16. GatorBen
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    GatorBen Well-Known Member

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    Does the fact that Thomas is the Justice I typically find next most persuasive redeem it any? :laugh:
  17. g8rjd
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    g8rjd Well-Known Member

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    By the way, for those of us law geeks, Alito takes a GREAT slap at law professors in his dissent in footnote 7, that the findings in Perry's trial about the philosophical basis of marriage have to be accepted by the SCOTUS as a factual finding:

    :laugh:
  18. g8rjd
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    g8rjd Well-Known Member

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    It's okay...I have a similar dichotomy in my favorites. Hugo Black and Louis Brandeis. :)
  19. OaktownGator
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    OaktownGator Well-Known Member

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    Agree.

    But the term for life thing allows Scalia (or any of them) to have as little decorum as he pleases.

    And that seems to please him a great deal at times.
  20. Row6
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    Row6 New Member

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    Indeed, straight white people just have life so hard these days. Poor you.

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