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  1. #21
    Quote Originally Posted by Wyattbw09 View Post
    Still not sure what this has to do with anything. I know for most general people think that the oral arguments are the meat of the how the Court makes it decisions, however, the written arguments are far more valuable, and nobody has ever any point said the Justice Thomas is not well acquainted with the cases that are before the Court, so that fact that he does not speak a lot does not have any bearing on anything.
    Speaking up at oral arguments indicates an actual interest in getting answers, or actually exploring and considering arguments. By not speaking up it leads people to assume that his mind is already made up, since if it wasn't made up you'd expect him to ask for clarifications or to explore scenarios.

  2. #22
    Moderator Aucald's Avatar
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    It is, for some bizarre reason, impossible for most people to say "I disagree with this specific person" or "this person's views are different from mine" without also qualifying your own viewpoint with an insult, slur, or demeaning addition.
    "We're more of the love, blood, and rhetoric school. Well, we can do you blood and love without the rhetoric, and we can do you blood and rhetoric without the love, and we can do you all three concurrent or consecutive. But we can't give you love and rhetoric without the blood. Blood is compulsory. They're all blood, you see." ― Tom Stoppard, Rosencrantz and Guildenstern are Dead

  3. #23
    Merely a Setback Adam Jensen's Avatar
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    How is this man a member of SCOTUS if he doesn't believe that SCOTUS has the jurisdiction to do what it was created to do?

    What?
    Last edited by Adam Jensen; 2014-02-14 at 05:31 PM.
    Putin khuliyo

  4. #24
    Quote Originally Posted by Adam Jensen View Post
    How is this man a membor of SCOTUS if he doesn't believe that SCOTUS has the jurisdiction to do what it was created to do?

    What?
    He joined Scalia's opinion:

    Quote Originally Posted by The Wise and Mighty Antonin Scalia
    This case is about power in several respects. It is about the power of our people to govern themselves, and the power of this Court to pronounce the law. Today's opinion aggrandizes the latter, with the predictable consequence of diminishing the former. We have no power to decide this case. And even if we did, we have no power under the Constitution to invalidate this democratically adopted legislation.
    This was about DOMA, which was legislated at the federal level. This is why legal experts' responses to this dissenting opinion can be summarized as: "What is this I don't even..."

  5. #25
    The Insane Masark's Avatar
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    Quote Originally Posted by Wyattbw09 View Post
    Said no originalist ever
    Yes, because "originalism" is a really great way to interpret constitutional law.

    Warning : Above post may contain snark and/or sarcasm. Try reparsing with the /s argument before replying.
    What the world has learned is that America is never more than one election away from losing its goddamned mind
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  6. #26
    Scarab Lord Zoranon's Avatar
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    Quote Originally Posted by Masark View Post
    Yes, because "originalism" is a really great way to interpret constitutional law.
    Beats living constitutionalism aka constitution says what I want it to say.
    Quote Originally Posted by b2121945 View Post
    Don't see what's wrong with fighting alongside Nazi Germany
    Quote Originally Posted by JfmC View Post
    someone who disagrees with me is simply wrong.

  7. #27

    I get that you don't like him. However, none of your cases cited fit anything outside of he judicial philosophy. Plus of course the title you give twists the actual dissents/opinions in the cases.

    Almost all of these opinions fit within the scope of originalism. You seems to want a justice that picks and chooses based on your tastes rather then on some sort philosophy to which they must adhere themselves. I don't like or agree with many of Justice Thomas's opinions, but it does not mean I can't see that most of them are based on his expressed judicial philosophy.

    By the way the New York Times article makes no sort of implication that he verbally attacked an orator not sure where you got that idea.

  8. #28
    The Insane Masark's Avatar
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    Quote Originally Posted by Zoranon View Post
    Beats living constitutionalism aka constitution says what I want it to say.
    As opposed to Originalism aka Let's keep society mired in the 18th century until enough of the population has progressed to the point where they can bodily drag out of it.

    Warning : Above post may contain snark and/or sarcasm. Try reparsing with the /s argument before replying.
    What the world has learned is that America is never more than one election away from losing its goddamned mind
    Quote Originally Posted by Howard Tayler
    Political conservatism is just atavism with extra syllables and a necktie.
    Me on Elite : Dangerous | My WoW characters

  9. #29
    Elemental Lord Korgoth's Avatar
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    Hahaha I love the leftists victim blaming. Never going to give up being hypocrites!
    "Gamer" is not a bad word. I identify as a gamer. When calling out those who persecute and harass, the word you're looking for is "asshole." @_DonAdams
    When you see someone in a thread making the same canned responses over and over, click their name, click view forum posts, and see if they are a troll. Then don't feed them.

  10. #30
    Scarab Lord Zoranon's Avatar
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    Quote Originally Posted by Masark View Post
    As opposed to Originalism aka Let's keep society mired in the 18th century until enough of the population has progressed to the point where they can bodily drag out of it.
    Heh originalism is not that great either, but the living constitution doctrine is just retarded. If you dont like what the constitution says, change it by means of amendments, not by packing the court with your friends.
    Quote Originally Posted by b2121945 View Post
    Don't see what's wrong with fighting alongside Nazi Germany
    Quote Originally Posted by JfmC View Post
    someone who disagrees with me is simply wrong.

  11. #31
    Quote Originally Posted by Masark View Post
    Yes, because "originalism" is a really great way to interpret constitutional law.
    Fine, but simply because people don't like it as a way of interrupting the law does not make any less valid a way or interrupting the law.

  12. #32
    Quote Originally Posted by Wyattbw09 View Post
    I get that you don't like him. However, none of your cases cited fit anything outside of he judicial philosophy. Plus of course the title you give twists the actual dissents/opinions in the cases.
    Feel free to elaborate.

    Quote Originally Posted by Wyattbw09 View Post
    Almost all of these opinions fit within the scope of originalism. You seems to want a justice that picks and chooses based on your tastes rather then on some sort philosophy to which they must adhere themselves. I don't like or agree with many of Justice Thomas's opinions, but it does not mean I can't see that most of them are based on his expressed judicial philosophy.
    Does originalism encompass Thomas' opinion that the Supreme Court cannot decide the constitutionality of federally enacted law? Or was that dumbassery?

    In addition, the Constitution was always meant to be a living document. Originalism is only great if it's 1800, or if your mind is stuck in that period of time.

    Quote Originally Posted by Wyattbw09 View Post
    By the way the New York Times article makes no sort of implication that he verbally attacked an orator not sure where you got that idea.
    He made an insinuation on a live microphone that she was legally unqualified.

  13. #33
    Quote Originally Posted by Adam Jensen View Post
    How is this man a member of SCOTUS if he doesn't believe that SCOTUS has the jurisdiction to do what it was created to do?

    What?

    What exactly was the Court created to do?

  14. #34
    Merely a Setback Adam Jensen's Avatar
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    Quote Originally Posted by Korgoth View Post
    Hahaha I love the leftists victim blaming. Never going to give up being hypocrites!
    Right, because Conservatives never do the same damn thing right?
    Putin khuliyo

  15. #35
    Merely a Setback Kaleredar's Avatar
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    Quote Originally Posted by Zombergy View Post
    Racism and Bigotry: Perfectly ok when we do it.
    --The Progressive American Liberal
    More like:

    Alabama. Yep, we're still in the South.
    “Do not lose time on daily trivialities. Do not dwell on petty detail. For all of these things melt away and drift apart within the obscure traffic of time. Live well and live broadly. You are alive and living now. Now is the envy of all of the dead.” ~ Emily3, World of Tomorrow
    Quote Originally Posted by Wells View Post
    Kaleredar is right...
    Words to live by.

  16. #36
    Merely a Setback Adam Jensen's Avatar
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    Quote Originally Posted by Wyattbw09 View Post
    What exactly was the Court created to do?
    To decide whether the laws the legislature created are constitutional or not.
    Putin khuliyo

  17. #37
    Quote Originally Posted by Adam Jensen View Post
    To decide whether the laws the legislature created are constitutional or not.
    Where in the Constitution, or even legislatively do you find that?

  18. #38
    Quote Originally Posted by Wyattbw09 View Post
    Where in the Constitution, or even legislatively do you find that?
    http://en.wikipedia.org/wiki/Article...s_Constitution

  19. #39
    Merely a Setback Kaleredar's Avatar
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    Quote Originally Posted by Wyattbw09 View Post
    Where in the Constitution, or even legislatively do you find that?
    A little reading material: http://en.wikipedia.org/wiki/Article...s_Constitution

    EDIT: damn. Beaten to it. But I have the quote:

    The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services a Compensation which shall not be diminished during their Continuance in Office.
    “Do not lose time on daily trivialities. Do not dwell on petty detail. For all of these things melt away and drift apart within the obscure traffic of time. Live well and live broadly. You are alive and living now. Now is the envy of all of the dead.” ~ Emily3, World of Tomorrow
    Quote Originally Posted by Wells View Post
    Kaleredar is right...
    Words to live by.

  20. #40
    Irony. Democrats wanted to keep slavery legal and are still trying to enslave blacks by trying to brainwash blacks into thinking that Republicans want to take away their rights.

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