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Old 06-26-2017, 10:55 AM   #726
samsnee
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Default Re: Discussion: The Supreme Court II

Let's hope you're right. If anything, I'm more concerned with the health of RGB. She might be mentally there, but she looks like one bad fall away from something worse.

Anyway, looks like the Court will hear Trump's travel ban. We know for sure Gorsuch will side with Trump. I think Roberts and Kennedy will side with the ladies on this one. Roberts is no fool, he's conservative, but he also cares about the legacy of the court.

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Old 06-26-2017, 12:00 PM   #727
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Default Re: Discussion: The Supreme Court II

I'm not so sure on Gorsuch. He seems to have been about limiting the Executive branch in the past. Which is why I was kind of curious about him as a pick.

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Old 06-26-2017, 12:40 PM   #728
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I have a hard time predicting how the travel ban will fall. I could see Thomas, for example, voting against it merely as a check on executive authority. Basically opining that something like this must go through Congress, bypassing the discrimination element all together. By the same merit, he may crack to pressure from his colleagues.

I think Roberts and Alito will probably vote to uphold the ban.

I think that the entire liberal sect will vote against it.

So Gorsuch and Kennedy are the swing votes. Gorsuch has been a critic of executive authority. But I think he will join his conservative colleagues.

So its all on Kennedy.

Hard to say what will ultimately happen. Honestly, I think the ultimate ruling will be something like what we saw today. I think the ban will be upheld in part, but there will be very strict limitations on it.

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Old 06-26-2017, 12:52 PM   #729
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Default Re: Discussion: The Supreme Court II

How do you think they will rule on the bakery that refused to make a cake for a gay wedding? It's clearly discriminatory but do you buy the whole "First Amendment rights" argument?

I mean:

Quote:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof
But this wasn't a law in this case.

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Old 06-26-2017, 01:17 PM   #730
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Default Re: Discussion: The Supreme Court II

Quote:
Originally Posted by samsnee View Post
How do you think they will rule on the bakery that refused to make a cake for a gay wedding? It's clearly discriminatory but do you buy the whole "First Amendment rights" argument?

I mean:



But this wasn't a law in this case.
Its hard to say, and I, admittedly, have not followed the case closely. But just generally, I think there is a legitimate state interest in the laws that prohibit discrimination. Is this the least restrictive means? I dunno. But it may not reac that point as there is a simple threshold question: is cake baking really an exercise of speech or religion? I know that the baker is arguing that his cakes are art, and thus a form of protected expression. I think, while clever, that argument is weak. What if it were an interracial couple who wanted to buy a cake and the owner only sold to couples of the same race and claimed that he was exercising his right to free speech through art that commentates on the breakdown of traditional values? Is that an exercise of speech? Probably not. But racial discrimination has a higher standard to pass constitutional muster. I think the Court will probably find that this is not an exercise of speech, but who knows?

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Old 06-26-2017, 01:29 PM   #731
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Default Re: Discussion: The Supreme Court II

Hey guys just wanted to remind everyone.

Hillary might be the lesser of two evils but the lesser of two evil is still evil.

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Old 07-14-2017, 05:35 AM   #732
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Default Re: Discussion: The Supreme Court II

https://www.nytimes.com/2017/07/13/n...verturned.html

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Old 09-06-2017, 01:17 PM   #733
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Default Re: Discussion: The Supreme Court II

Interested to hear how Matt thinks the upcoming Gerrymandering case will shake out in SCOTUS when they hear the case this October. With Scalia's replacement leaning on the conservative side I have the sinking feeling they are going to let gerrymandering be the law of the land. Although they do have the conservative Jesus aka Reagan on record speaking out against it so who knows?

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