1. #281
    Void Lord Elegiac's Avatar
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    Quote Originally Posted by cubby View Post
    If you don't understand the issues, just ask, and we can explain. Answers like the above are why most of us don't take you seriously any more.

    SCOTUS can't be influenced by mob rule. No judge should/can. Think about it from the flip side.
    Oh no, a Musk stan on MMO-C doesn't take me seriously. What do.

    Again; complaints about "legitimacy of process" went out the window when the present court decided to do its utmost to subvert legitimate process through things like the shadow docket or overturning longstanding precedent based on conservative make-believe. If the existing process is incapable of guaranteeing justice then it is not one worth respecting.
    Quote Originally Posted by Marjane Satrapi
    The world is not divided between East and West. You are American, I am Iranian, we don't know each other, but we talk and understand each other perfectly. The difference between you and your government is much bigger than the difference between you and me. And the difference between me and my government is much bigger than the difference between me and you. And our governments are very much the same.

  2. #282
    I Don't Work Here Endus's Avatar
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    Quote Originally Posted by cubby View Post
    SCOTUS can't be influenced by mob rule. No judge should/can. Think about it from the flip side.
    SCOTUS shouldn't be influenced by threats of riotous violence.

    Which have not remotely been made.

    They absolutely should be influenced by public outcry and the common interpretation of what "justice" looks like. Even if the law concretely prevents them making the just decision in a case, underscoring that and stating clearly that it is Congress' injustice to solve is the only reasonable stance for SCOTUS to take.

    And if the "public outcry" is all Nazis, then the country's already the Fourth Reich and nothing SCOTUS does is gonna change that, anyway.

    "Justice" is a commonality arrived at by public consensus, not an objective fact determined through legalistic analysis.


  3. #283
    Quote Originally Posted by cubby View Post
    SCOTUS can't be influenced by mob rule. No judge should/can. Think about it from the flip side.
    Apperently they can be influenced by religious and political affiliation. That's A-OK.

  4. #284
    Quote Originally Posted by Elegiac View Post
    Oh no, a Musk stan on MMO-C doesn't take me seriously. What do.

    Again; complaints about "legitimacy of process" went out the window when the present court decided to do its utmost to subvert legitimate process through things like the shadow docket or overturning longstanding precedent based on conservative make-believe. If the existing process is incapable of guaranteeing justice then it is not one worth respecting.
    https://twitter.com/scottjshapiro/st...TbIRz2O0LbuX7g
    Conservatism consists of exactly one proposition, to wit: There must be in-groups whom the law protects but does not bind, alongside out-groups whom the law binds but does not protect. There is nothing more or else to it, and there never has been, in any place or time. --Frank Wilhoit

  5. #285
    Quote Originally Posted by zorkuus View Post
    Apperently they can be influenced by religious and political affiliation. That's A-OK.
    Decades of grooming by activist conservative groups like the Heritage Foundation and Federalist Society, whose entire stated purpose is to get ideologically conservative judges on state and federal benches, and ideally on the SCOTUS where they can remain for decades and reshape US law and legislate from the bench via shadow docket?

    No probs, homie. Sounds good.

    Apparently.

  6. #286
    Void Lord Elegiac's Avatar
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    Quote Originally Posted by Edge- View Post
    Decades of grooming by activist conservative groups like the Heritage Foundation and Federalist Society, whose entire stated purpose is to get ideologically conservative judges on state and federal benches, and ideally on the SCOTUS where they can remain for decades and reshape US law and legislate from the bench via shadow docket?

    No probs, homie. Sounds good.

    Apparently.
    You know what the funniest part is?

    Not a single one of the "strict constructionist" clowns would go so far as to question the OG judicial activist ruling (i.e. Marbury v. Madison) because it would hinder their ability to facilitate minority rule.
    Quote Originally Posted by Marjane Satrapi
    The world is not divided between East and West. You are American, I am Iranian, we don't know each other, but we talk and understand each other perfectly. The difference between you and your government is much bigger than the difference between you and me. And the difference between me and my government is much bigger than the difference between me and you. And our governments are very much the same.

  7. #287
    LOL have they been relevant since 2015?

    Anyway, send the issue back to the states where it belongs. Abortion will still be legal in many states. Federalism is great, embrace it.

  8. #288
    Void Lord Elegiac's Avatar
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    Quote Originally Posted by Somewhatconcerned View Post
    Anyway, send the issue back to the states where it belongs. Abortion will still be legal in many states. Federalism is great, embrace it.
    And fuck all the women too poor to afford interstate travel to get abortions, I guess?
    Quote Originally Posted by Marjane Satrapi
    The world is not divided between East and West. You are American, I am Iranian, we don't know each other, but we talk and understand each other perfectly. The difference between you and your government is much bigger than the difference between you and me. And the difference between me and my government is much bigger than the difference between me and you. And our governments are very much the same.

  9. #289
    Moderator Crissi's Avatar
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    Quote Originally Posted by Somewhatconcerned View Post
    LOL have they been relevant since 2015?

    Anyway, send the issue back to the states where it belongs. Abortion will still be legal in many states. Federalism is great, embrace it.
    and when State A makes it illegal to travel to state B for abortion? Or when inevitably Republicans come back into control on the federal level and make it illegal to travel for one?

  10. #290
    Quote Originally Posted by Somewhatconcerned View Post
    Anyway, send the issue back to the states where it belongs.
    Actually, it belongs to the people. People have bodily autonomy. And that's protected by the federal government against states infringing upon it.

    Courts want to change that, and the logic they're using is terrifying in scope and could very much be similarly weaponized like we've seen CA's response to TX's attempt to literally just circumvent all law with their abortion legislation.

  11. #291
    Quote Originally Posted by Elegiac View Post
    And fuck all the women too poor to afford interstate travel to get abortions, I guess?
    Hey, it's a boon to blue states where it'll be legal. Wealthy conservative women will fly in secret to these states, stay in fancy hotels, spend money shopping, go for a spa day, get an abortion, have a few days more of shopping therapy, and then go back to their red state after having spent thousands in a liberal state that allowed them control over their body.

  12. #292
    Banned cubby's Avatar
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    Quote Originally Posted by Darththeo View Post
    The issue is that even if it wasn't leaked, if this came out as is ... the result would have been worse.

    People have asked for decades for more transparency in their government. This is highlighting the issue we still lack transparency.
    But that's the point - the judicial system doesn't have transparency in this regard. They hear and read arguments, review the issues and law, and rule. Their internal processes aren't meant to be transparent, they never have been, aside from knowing what those processes actually are. If that makes sense.

    Consider this from the opposite point of view. SCOTUS internal documents leaked about Brown vs Board of Education, and the mob that would have ensued prior to the official opinion release. There would have been literal rioting on the steps of the SCOTUS building. We can't have that as a nation of laws.

  13. #293
    Void Lord Elegiac's Avatar
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    Quote Originally Posted by Edge- View Post
    Hey, it's a boon to blue states where it'll be legal. Wealthy conservative women will fly in secret to these states, stay in fancy hotels, spend money shopping, go for a spa day, get an abortion, have a few days more of shopping therapy, and then go back to their red state after having spent thousands in a liberal state that allowed them control over their body.
    If it weren't a gross breach of medical and legal ethics I'd say we should start publishing the names of conservative women who have abortions.
    Quote Originally Posted by Marjane Satrapi
    The world is not divided between East and West. You are American, I am Iranian, we don't know each other, but we talk and understand each other perfectly. The difference between you and your government is much bigger than the difference between you and me. And the difference between me and my government is much bigger than the difference between me and you. And our governments are very much the same.

  14. #294
    Quote Originally Posted by cubby View Post
    Consider this from the opposite point of view. SCOTUS internal documents leaked about Brown vs Board of Education, and the mob that would have ensued prior to the official opinion release. There would have been literal rioting on the steps of the SCOTUS building. We can't have that as a nation of laws.
    You know what? I don't think I will.

    Where are those "literal riots on the steps of the SCOTUS building" btw? I've seen that there are a ton of protesters so far but...where are the riots?

  15. #295
    Quote Originally Posted by Elegiac View Post
    And fuck all the women too poor to afford interstate travel to get abortions, I guess?
    I don't agree with punishing people for free will of travel. Unfortunately some states will try to enact provisions in their anti-abortion laws for this.

    As far as poor women...that too is unfortunate but not such is the history of mankind towards those without the means to provide for themselves.

    - - - Updated - - -

    Quote Originally Posted by Elegiac View Post
    And fuck all the women too poor to afford interstate travel to get abortions, I guess?
    I don't agree with punishing people for free will of travel. Unfortunately some states will try to enact provisions in their anti-abortion laws for this.

    As far as poor women...that too is unfortunate but not such is the history of mankind towards those without the means to provide for themselves.

  16. #296
    Void Lord Elegiac's Avatar
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    Quote Originally Posted by cubby View Post
    But that's the point - the judicial system doesn't have transparency in this regard. They hear and read arguments, review the issues and law, and rule. Their internal processes aren't meant to be transparent, they never have been, aside from knowing what those processes actually are. If that makes sense.

    Consider this from the opposite point of view. SCOTUS internal documents leaked about Brown vs Board of Education, and the mob that would have ensued prior to the official opinion release. There would have been literal rioting on the steps of the SCOTUS building. We can't have that as a nation of laws.
    Why are unjust laws worth protecting, exactly.
    Quote Originally Posted by Marjane Satrapi
    The world is not divided between East and West. You are American, I am Iranian, we don't know each other, but we talk and understand each other perfectly. The difference between you and your government is much bigger than the difference between you and me. And the difference between me and my government is much bigger than the difference between me and you. And our governments are very much the same.

  17. #297
    Quote Originally Posted by Somewhatconcerned View Post
    LOL have they been relevant since 2015?

    Anyway, send the issue back to the states where it belongs. Abortion will still be legal in many states. Federalism is great, embrace it.
    "In Missouri, state Rep. Mary Elizabeth Coleman attached an eight-page amendment to H.B. 1677—a bill originally about prescription drug prices—which would allow private citizens to sue anyone who performs an abortion on a Missouri resident, possesses or distributes abortion pills, and aids or abets a Missouri abortion patient regardless of where the abortion is performed. The majority of Missouri residents who get abortions have traveled to Illinois and other states for care. The Missouri bill has not yet had a floor vote.

    Any lawsuits filed under bills like these would rely on surveillance of people’s movements and medical care. On first reading, both seem unconstitutional. But that’s what experts said about S.B. 8 when it initially came before the court in September, and the Supreme Court upheld it. Legal experts said the same about Dobbs v. Jackson Women’s Health Organization, the case that will likely overturn or severely hamper Roe v. Wade. That case involves a 2018 Mississippi law banning abortions after 15 weeks, well before Roe’s standard of fetal viability which is about 22-24 weeks of pregnancy. The only thing that has changed since 2018 is the ideological balance of the Supreme Court."

    Lol people losing rights straight white men never have to worry about is funny lol
    Conservatism consists of exactly one proposition, to wit: There must be in-groups whom the law protects but does not bind, alongside out-groups whom the law binds but does not protect. There is nothing more or else to it, and there never has been, in any place or time. --Frank Wilhoit

  18. #298
    Void Lord Elegiac's Avatar
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    Quote Originally Posted by Somewhatconcerned View Post
    I don't agree with punishing people for free will of travel. Unfortunately some states will try to enact provisions in their anti-abortion laws for this.

    As far as poor women...that too is unfortunate but not such is the history of mankind towards those without the means to provide for themselves.
    So yes, you are in effect saying "fuck all the women too poor to afford interstate travel to get abortions".

    Pretty disgusting take on your part, but okay.
    Quote Originally Posted by Marjane Satrapi
    The world is not divided between East and West. You are American, I am Iranian, we don't know each other, but we talk and understand each other perfectly. The difference between you and your government is much bigger than the difference between you and me. And the difference between me and my government is much bigger than the difference between me and you. And our governments are very much the same.

  19. #299
    Banned cubby's Avatar
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    Quote Originally Posted by Edge- View Post
    Cool and all, but connect the dots to the "radical left" here. That's who he's blaming for this, without any evidence or anything else to back it up.
    That part is a little dicey, but the overall point is what I was getting at.

    Quote Originally Posted by Edge- View Post
    Or, alternatively, acting as a canary in the coal-mine after decades of Republicans literally doing this to the judiciary, and what the activist judges that the Republicans have installed are doing to undermine the credibility of our judiciary.

    Need I remind you of the historically low trust in the SCOTUS?
    This development is bad, yes, but this leak and reaction isn't the solution. Outside of a fundamental change in our laws, expanding the court, or a revolution, this leak is bad, in so many ways. The subject of the leak is almost ancillary to the leak itself.


    Quote Originally Posted by Edge- View Post
    The alternative of the Republicans using the judiciary to reshape the country in their image because they're a minority party, resulting in potential rulings like this that threaten the rights of people in many states including...

    - Interracial marriage and children
    - Same-sex realationships
    - Sodomy laws
    - Our right to privacy

    And tons of other rights not specifically enumerated in the Constitution, but granted to the people rather than to the states and protected against states infringing upon these rights at a federal level.

    This is very much the kind of argument made when you've lost and all you have left is, "Sure we have lost some rights, and many more in other states have lost TONS of rights, but at least we were principled!"
    Oh, we're fucked right now - truly. This ruling, if released as official opinion, spells damning trouble for most of the gains we've made in modern social policy.

  20. #300
    Quote Originally Posted by Elegiac View Post
    So yes, you are in effect saying "fuck all the women too poor to afford interstate travel to get abortions".

    Pretty disgusting take on your part, but okay.
    Not surprising though, the folks who support moves like this largely seem to belong to a party that doesn't just not care about poor folks, but is overtly and explicitly hostile towards them.

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