Posted on 06/27/2014 5:54:16 AM PDT by wagglebee
Scalia understands that the Big Murder wants to extinguish any opposition.
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Now, there's a surprise! /S (heavy)
The justices make an excellent point on the content of speech. Who would decide weather a person was pro-abortion escort or an anti-abortion protestor based on their rhetoric?
Couldn’t a person serving as an escort, gently lead a young pregnant woman to the clinic door while saying, “come along now deary, let’s get you safely into the clinic where they can (insert your most graphic description of abortion here).
Whether
I must be particularly dense this morning.
If the ruling was unanimous, and the buffer-zone law was struck down, against what is Scalia railing?
In myriad rulings, it is the sidebar or collateral opinions that are more telling than the final ruling at bar. Additionally, important notions are also buried in the footnotes. So while pro-lifers won on this narrow decision, they will lose in another case in the future crafted to meet these collateral opinions espoused in this ruling.
Five liberals.
Scalia wrote for himself, Kennedy, and Thomas.
Alito wrote separately, but very similar to Scalia’s opinion.
Roberts is becoming more and more disappointing with each term.
Bush should have nominated Janice Rogers Brown for CJ.
I'm actually surprised that Kennedy signed with Scalia.
Wut? Is Justice Kennedy trying to redeem himself?
Thank you.
Curious now, can you distill the essence of the NY law down to a short sentence?
When a case is being deliberated, the Justices may meet to discuss it, or they may have their clerks shuffle messages back and forth; eventually they determine which way the decision will go and who will write the opinion for the majority. The opinion states the legal basis for the opinion, often in many pages, and is entered into the record. All SCOTUS interpretations of law, majority and minority, can prove important to future cases.
This case had no minority but in a case that does, one or more justices can attach minority opinions to clarify on what legal grounds they disagree.
Even if they side with the majority opinion, Justices have a right to attach additional opinions for the record to clarify what they mean -- and what they do not mean to imply -- in siding with a majority. Scalia is saying, "I agree with the outcome of shooting down this law; I disagree with some of the premises of the majority opinion, and particular assumptions future cases may try to make because of the way the majority opinion is stated."
SCOTUS lawyers try to cherry-pick phrases from decisions to use as levers in future arguments. So these "exceptions to the rule" are important.
Excellent - thank you both.
With the exception of Kennedy’s love for the gay agenda (last year’s DOMA opinion), he has been edging further to the right ever since the current pResisent took office.
Roberts on the other hand has been noticeably trending to the left.
Part of me wonders if his role in presiding over the FISA court has influenced him.
That is, he knows vastly more than most about how significant the internal spy network is and how those not in the good graces of our future dictator will be disposed of.
That’s just a theory. It’s also possible that he took his eye off the ball and is fighting to bring respect to the judiciary as opposed to fighting to uphold the Constitution.
I can’t help but wonder what the court would look like with Scalia or Thomas (or Alito) as chief.
Roberts would be much better as an associate.
It’s that pressure from the NYT and such on a young CJ and his legacy blah blah blah that led to the 0bamacare decision.
Strong leadership from someone like the three I mentioned would have given him the cover to vote the way he originally wanted to without the fear of headlines like “The Roberts Court Right Wing Activism”.
Lots of politics at play here.
Notice how Roberts joined the left (5-4) on the reasoning in the recess appointment case and the Abortion Buffer Zone case.
The media’s account of unanimity was either misleading or ignorant.
The judgements were technically unanimous, but the lasting precedent and meaning for lower courts in the future are unimpressive.
If Roberts goes against Hobby Lobby then he’s not much better than Suter.
We can only pray he hasn’t completely sold his soul.
Roberts is a creature of DC. He’s infected and it will get worse. Scalia and Alito are right on the money. Roberts is looking for ways to abridge the speech rights of pro lifers. He is an asshole in plain English.
John Roberts: The FAIL that keeps on failing
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