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SCOTUS Watch

For discussion of religion and politics

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El Guapo
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Re: SCOTUS Watch

Post by El Guapo »

The cheerleader free speech case is out. 8-1 ruling in favor of the cheerleader (who was being punished by her school for saying "Fuck school, fuck cheer, fuck everything", or something like that, in a message to friends). So the result is good, but the reasoning of the majority opinion is a meaningless mush that won't provide all that much guidance to future court decisions or to school administrators.

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stessier
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Re: SCOTUS Watch

Post by stessier »

Alito builds his case on a faulty assumption, imo. He says that parents agree to give up the students' first amendment rights when they sign them up. But the State requires them to sign up. I would argue the State strips them of some amount of rights for a period of years and we've decided that it is in furtherance of a greater good.
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malchior
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Re: SCOTUS Watch

Post by malchior »

Long ago I used to think Thomas was the worst justice but Alito has worked hard to sprint past him. His jurisprudence is half-hinged at best.
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stessier
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Re: SCOTUS Watch

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I'm pretty sure Thomas just argued that women shouldn't be allowed an education.
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Smoove_B
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Re: SCOTUS Watch

Post by Smoove_B »

stessier wrote: Wed Jun 23, 2021 11:49 am would argue the State strips them of some amount of rights for a period of years and we've decided that it is in furtherance of a greater good.
I was taking a graduate course on HR law and the person teaching was making all kinds of legal comparisons between students (mostly high school) and workers. Namely that the legal challenges raised in school environments filter out then (the rulings / results) into the working world, shaping an influencing workplace policies. There were also comparisons to prisoners, but the student / workplace comparisons stuck with me more. :?
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Isgrimnur
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Re: SCOTUS Watch

Post by Isgrimnur »

NPR
The U.S. Supreme Court ruled Wednesday that police cannot enter a home without a warrant when pursuing someone for a minor crime.

By a largely unanimous vote, the court declared that police violated the rights of a California man by pursuing him into his garage for allegedly playing loud music while driving down a deserted two-lane highway late at night.
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Little Raven
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Re: SCOTUS Watch

Post by Little Raven »

Farm union organizers lose big.
The Supreme Court on Wednesday tightened the leash on union representatives and their ability to organize farmworkers in California and elsewhere. At issue in the case was a California law that allows union organizers to enter farms to speak to workers during non-working hours—before and after work, as well as during lunch—for a set a number of days each year.

By a 6-3 vote along ideological lines, the court ruled that the law—enacted nearly 50 years ago after a campaign by famed organizer Cesar Chavez—unconstitutionally appropriates private land by allowing organizers to go on farm property to drum up union support.
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El Guapo
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Re: SCOTUS Watch

Post by El Guapo »

I wonder when the last time was that the SCOTUS issued an opinion siding with a union.
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malchior
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Re: SCOTUS Watch

Post by malchior »

El Guapo wrote: Wed Jun 23, 2021 12:15 pm I wonder when the last time was that the SCOTUS issued an opinion siding with a union.
I think it was this one in 1977. Abood v Detroit. That precedent was thrown into a fire in the Janus v. AFSCME decision that Alito penned in 2018.
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Re: SCOTUS Watch

Post by malchior »

SCOTUS essentially says that the eviction moratorium was illegal but we'll give tenants a break for this to wind down. The eviction crisis can has been kicked back exactly one month. It's still coming.

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Re: SCOTUS Watch

Post by malchior »

Washington Post

The VRA is essentially dead. It really feel like our democracy is circling the drain. People had feel good reactions about some of the outcomes this term but on something that was essential and critical, the Conservatives showed their true colors and stepped up for partisan politics.

Edit: You have to imagine the DOJ lawsuit against Georgia might as well be balled up and thrown in the garbage. SCOTUS isn't going to protect minority right to vote. And the GOP is absolutely going to take advantage of it to end our current form of democracy.
The Supreme Court on Friday upheld two Arizona voting restrictions that a lower court had said discriminated against minority voters.

Justice Samuel A. Alito Jr. wrote the opinion in the 6 to 3 ruling, which divided the court along ideological lines.

The court was considering the shield provided by the Voting Rights Act (VRA), first passed in 1965 to forbid laws that result in discrimination based on race.

The cases involved two voting regulations from Arizona that are in common use across the country. One throws out the ballots of those who vote in the wrong precinct. The other restricts who may collect ballots cast early for delivery to polling places, a practice then-President Donald Trump denounced as “ballot harvesting.”

But the greater impact could be how VRA relates to an outpouring of new laws enacted by state legislatures that have changed voting procedures, and on the drawing of congressional and legislative districts following the 2020 Census.
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El Guapo
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Re: SCOTUS Watch

Post by El Guapo »

Yeah, pretty depressing. The SCOTUS isn't completely worthless as a guardian of democracy, in that their presence makes a narrow category of anti-democratic measures difficult (e.g., they wouldn't allow a president to declare himself emperor and cancel elections), but they are happy to allow the GOP to build itself a sizeable electoral edge via anti-democratic restrictions.

What I'm pre-frustrated about is that they're absolutely going to be much more aggressive in striking down efforts to protect full democracy. So that even if the democrats do ultimately managed to get their shit together enough to pass some version of the For The People Act or some Manchin-ized version of it, the Supreme Court is inevitably going to gut it.
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Blackhawk
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Re: SCOTUS Watch

Post by Blackhawk »

Our democracy isn't dead, but it's bleeding out. It's a completely treatable wound, and there are doctors standing by, trauma kits in hand. But there are more doctors blocking their way because it would hurt their bottom line if they stopped the bleeding.

We're not dead, but I honestly don't see a way out.
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malchior
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Re: SCOTUS Watch

Post by malchior »

Reflecting back on what the court has been doing, it really looks like the Roberts court is bending over backwards to avoid making the big socially disruptive ruling I still fully expect will become too tempting. In the mean time they seem to be paving the way for autocracy or an updated version of Jim Crow. And Breyer probably still won't see any need to retire.
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El Guapo
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Re: SCOTUS Watch

Post by El Guapo »

malchior wrote: Thu Jul 01, 2021 4:23 pm Reflecting back on what the court has been doing, it really looks like the Roberts court is bending over backwards to avoid making the big socially disruptive ruling I still fully expect will become too tempting. In the mean time they seem to be paving the way for autocracy or an updated version of Jim Crow. And Breyer probably still won't see any need to retire.
If you're cynical you could conclude that the court is waiting to make politically explosive rulings until after the democrats can no longer do anything about it.

But while that's possible, I think it's more likely that Roberts is more of a McConnell type politically and most of the rulings this term haven't been stuff that he cares all that much about politically.
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malchior
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Re: SCOTUS Watch

Post by malchior »

That's exactly what I think. He's very smart about this. Every time there could be a weird outcome, controversy, or trouble he either writes the majority opinion himself or crafts some wacky coalition to make it work.
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Re: SCOTUS Watch

Post by malchior »

This is incredibly selfish, especially after what happened after Ginsburg died. That he is talking now about his personal satisfaction leading the liberal wing of the court, which is itself amusing since Kagan and Sotomayor run ring around him, is just astonishing.

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Re: SCOTUS Watch

Post by malchior »

:doh:

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El Guapo
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Re: SCOTUS Watch

Post by El Guapo »

Since there were no decisions today I was dreading coming into this thread and reading that Breyer announced that he's not retiring. But expecting that, that allegations were ignored on Kavanaugh seems totally fine!

I will say that the bare number of accusations is close to meaningless. Knowing the complaint system that my agency has at least, that has to include everything from "Kavanaugh is a secret alien who impregnated people via space sex rays!" to "I read in the NYT that Kavanaugh is a sex predator!" to actual "I am a specific person who knew Kavanaugh and witnessed him committing sexual assault" credible allegations.
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