Topic: 2 SCOTUS decisions and all is quiet in Mingleland | |
---|---|
Yesterday.....
"" In a 6-3 decision , the Supreme Court saved the controversial health care law that will define President Barack Obama's administration for generations to come. The ruling holds that the Affordable Care Act authorized federal tax credits for eligible Americans living not only in states with their own exchanges but also in the 34 states with federal marketplaces. It staved off a major political showdown and a mad scramble in states that would have needed to act to prevent millions from losing health care coverage. "Five years ago, after nearly a century of talk, decades of trying, a year of bipartisan debate, we finally declared that in America, health care is not a privilege for a few but a right for all," Obama said from the White House. "The Affordable Care Act is here to stay" In a moment of high drama, Chief Justice John Roberts sent a bolt of tension through the Court when he soberly announced that he would issue the majority opinion in the case. About two-thirds of the way through his reading, it became clear that he again would be responsible for rescuing Obamacare. Scalia: The law should be called SCOTUScare"" http://www.cnn.com/2015/06/25/politics/supreme-court-ruling-obamacare/index.html Today.... "" WASHINGTON — In a long-sought victory for the gay rights movement, the Supreme Court ruled on Friday that the Constitution guarantees a right to same-sex marriage. Justice Anthony M. Kennedy wrote the majority opinion in the 5 to 4 decision. He was joined by the court’s four more liberal justices. The decision, the culmination of decades of litigation and activism, came against the backdrop of fast- moving changes in public opinion, with polls indicating that most Americans now approve of same- sex marriage. Justice Kennedy said gay and lesbian couples had a fundamental right to marry. “No union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice, and family,” he wrote. “In forming a marital union, two people become something greater than once they were.”" http://mobile.nytimes.com/2015/06/27/us/supreme-court-same-sex-marriage.html?_r=0&referrer= |
|
|
|
This is what we get for not having congressional and judicial term limits. Without it, we are doomed.
|
|
|
|
Goodo..2 perfect results :-)
|
|
|
|
Highlights of the dissent opinion on the ACA ruling....
"" (CNN)— Justice Antonin Scalia wasn't going to go down without a fight -- a colorful one at that. Scalia, joined by conservative Justices Clarence Thomas and Samuel Alito, lambasted the majority decision with a series of literary quips and flourishes in a scathing dissent that may have buoyed the spirits of conservatives crushed by the Court's ruling. And in a rare move signaling his intense opposition to the majority ruling -- written by fellow conservative and Chief Justice John Roberts -- Scalia voiced his dissent aloud from the bench for the Court to hear. Here are the most quotable lines from his written dissent: 1. "This Court, however, concludes that this limitation would prevent the rest of the Act from working as well as hoped. So it re- writes the law to make tax credits available everywhere. We should start calling this law SCOTUScare." 2. "The Court's next bit of interpretive jiggery-pokery involves other parts of the Act that purportedly presuppose the availability of tax credits on both federal and state Exchanges." 3. "Pure applesauce. Imagine that a university sends around a bulletin reminding every professor to take the "interests of graduate students" into account when setting office hours, but that some professors teach only undergraduates. Would anybody reason that the bulletin implicitly presupposes that every professor has "graduate students," so that "graduate students" must really mean "graduate or undergraduate students"? Surely not." 4. "The somersaults of statutory interpretation they have performed ... will be cited by litigants endlessly, to the confusion of honest jurisprudence." 5. "It is bad enough for a court to cross out "by the State" once. But seven times?" 6. "The Court's decision reflects the philosophy that judges should endure whatever interpretive distortions it takes in order to correct a supposed flaw in the statutory machinery. That philosophy ignores the American people's decision to give Congress "[a]ll legislative Powers" enumerated in the Constitution." And from Scalia's oral dissent from the bench: 7. "The Court solves that problem (believe it or not) by simply saying that federal exchanges count as state exchanges only (and this is a quotation from the opinion) "for purposes of the tax credits." How wonderfully convenient and how utterly contrary to normal principles of interpretation.""" http://www.cnn.com/2015/06/25/politics/supreme-court-scalia-obamacare-roberts/ Dissent on Gay Marriage ruling..... "" June 26, 2015 Same-sex marriage is now a right in every state in the country, following a historic 5-4 decision from the Supreme Court Friday. The four justices who disagreed with the Court's opinion, authored by Justice Anthony Kennedy, each wrote their own dissent laying out just why they believed the majority to be wrong. Roberts's argument centered around the need to preserve states' rights over what he viewed as following the turn of public opinion. In ruling in favor of gay marriage, he said, "Five lawyers have closed the debate and enacted their own vision of marriage as a matter of constitutional law." Justice Scalia and Justice Thomas joined him in his dissent. While Roberts said he did not "begrudge" any of the celebrations that would follow the Court ruling, he had serious concerns that the Court had extended its role from constitutional enforcer to activist. According to Justice Antonin Scalia, today's majority ruling represents a "judicial Putsch." Scalia wrote that while he has no personal opinions on whether the law should allow same-sex marriage, he feels very strongly that it is not the place of the Supreme Court to decide. "Until the courts put a stop to it, public debate over same-sex marriage displayed American democracy at its best," Scalia wrote. "But the Court ends this debate, in an opinion lacking even a thin veneer of law." Scalia stated he wanted to write a separate dissent "to call attention to this Court's threat to American democracy." Justice Clarence Thomas joined Scalia in this dissent. Scalia attacked his colleagues' opinion with his signature flourish. "The opinion is couched in a style that is as pretentious as its content is egotistic," he wrote. In his own separate dissent, which Scalia also joined, Justice Clarence Thomas pilloried the majority opinion as "at odds not only with the Constitution, but with the principles upon which our nation were built." Kennedy and the Court's liberal wing are invoking a definition of "liberty" that the Constitution's framers "would not have recognized, to the detriment of the liberty they sought to protect." "Along the way, it rejects the idea—captured in our Declaration of Independence—that human dignity is innate and suggests instead that it comes from the Government," Thomas said. "This distortion of our Constitution not only ignores the text, it inverts the relationship between the individual and the state in our Republic. I cannot agree with it." In his dissent, Alito argues that gay marriage is not protected in the Constitution under the Due Process Clause because "liberty" only applies to those principles that are rooted in U.S. tradition. His argument is that the concept of gay marriage is new and therefore not included. "For today's majority, it does not matter that the right to same-sex marriage lacks deep roots or even that it is contrary to long- established tradition. The Justices in the majority claim the authority to confer constitutional protection upon that right simply because they believe that it is fundamental," Alito writes. Alito also reaffirms his position that there is no way to confirm what the outcome of gay marriage may be on the institution of traditional marriage and therefore the Court is and should not be in a position to take on the topic."" More on each justice's dissent here: http://www.nationaljournal.com/domesticpolicy/marriage-same-sex-gay-supreme-court-dissent-20150626 |
|
|
|
And you're surprised? I thought everyone knew that the "letter" of the law, the "will" or "good" of the people, have no place under a socialist, liberal, leadership. |
|
|
|
Couldn't be more PLEASED ~~~
And while I'm rather screwed by our states moron Governor Brownbeck ad his utter buffoonery about 'WAVING' our state from the ACA Not only has he seriously put so many humans into more bankruptcy for their medical needs/expenses - he's pushed this state over the edge for debt and school funding that he was already being SUED FOR!!! |
|
|
|
And you're surprised? I thought everyone knew that the "letter" of the law, the "will" or "good" of the people, have no place under a socialist, liberal, leadership. |
|
|
|
And let the whining begin - the hyperbole -
You mean against the man that did a 180 on his opinion of gay marriage halfway through his presidency? Gotsta keep that base happy happy happy!
the vitriol - the ugly remarks about our POTUS!!! You mean against the man who, at this very moment, when he is supposed to be eulogizing a preacher, is ranting about gun control instead? He's a hack. |
|
|
|
Scary isn't it that there are educated humans
that pretend to have a change of heart and mentally become more 'NON-CRITICAL' about other humans to satisfy a political base FIFY..... |
|
|
|
And you're surprised? I thought everyone knew that the "letter" of the law, the "will" or "good" of the people, have no place under a socialist, liberal, leadership. No, It's a sheep. Whats next MAMBLA rights? |
|
|
|
i will be so glad when Texas secedes...
|
|
|
|
Yay! Scrotus is helpin' impotus, stick it to the taxpayers.
|
|
|
|
Yay! Scrotus is helpin' impotus, stick it to the taxpayers. |
|
|
|
Yay! Scrotus is helpin' impotus, stick it to the taxpayers. |
|
|
|
Edited for insults of members.
soufie Site Moderator |
|
|
|
If Scalia was so opposed to the very idea that the Supreme Court even has the power to judge homosexual marriage, then why didn't he just abstain? Why vote against it? It's rare, but the Supreme Justices do have the ability to abstain. That would seem to make the strongest case for the opinion Scalia wrote. By voting against homosexual marriage, he's still delivering judgment.
|
|
|
|
2 SCOTUS decisions and all is quiet in Mingleland
I was curious about that too. But then I realized I doubt this topic can go on for all that long without a great polarized battle. I think some people were avoiding starting the thread because they were so mad they couldn't type anything that would make it past the moderators. And others were so happy they went out and got gay married and bought cheap high deductible insurance and therefore didn't have time to start a thread. Other than that: As to the ACA - "It's not a tax, it's not a tax! I am not raising taxes! The ACA isn't a tax!...Oh, it's okay if it's a tax? Uh...it's a tax...but not really." "Create a state exchange or no expanded medicaid! You must create a state exchange or no subsidies!...Oh, we can't blatantly blackmail medicaid expansion? And if people don't get their subsidies the whole thing falls apart? Uh...by state exchange we mean federal too. Don't question it! Law stuff isn't supposed to precisely enumerate anything!" As to gay marriage - "States have the right to define privileges and immunities that are different than what is federally recognized...except those we don't want them to. Those are covered by the constitution. Because 'No union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice and family.' And that's straight from the constitution. I swear. It's in the corinthians part I think. So...you can't define marriage. We can for you, but you can't. And speaking of the 14th amendment, that whole civil asset forfeiture thing? Yeah...I guess that's okay. We don't really want to deal with that. We just want states to recognize two dudes getting married. That's what's important." Anymore federal government is just a joke. A special ed kid with a big army. |
|
|
|
Edited by
Conrad_73
on
Sat 06/27/15 02:52 AM
|
|
The onus is on Scalia and Roberts to prove that the right of consenting, adult same-sex couples to legally marry is not an individual right. I have not yet heard an argument to prove or even support their claim that no such right exists.
What I have heard, over and over, is an assertion that, marriage is between a man and a woman. This is certainly what a lot of people believe, and it's entirely their political right to believe it, and to act on that belief. For example, they should not be required, under the law, to provide wedding cakes or other products or services to gay persons, or to anybody else, of whom they do not approve. At the same time, this does not give them a right to prevent gay people from engaging in a legally binding contract. The morality, or lack thereof, in the concept of gay marital unions should not be an issue for the law. The law is supposed to define rights, not determine what's morally correct or not. In upholding the right to marriage for same-sex couples, the Court is not making up a right as it does, for instance, when it makes up a right to free medical care, or free education, or free housing. These made-up, false rights actually violate rights, because some are forced to pay for the goods and services of others. A right to a private contract, as in a marriage, is not a violation of anyone's right. It's simply a recognition of a legal right that always existed, only it didn't come to the forefront because most people did not wish to face the fact that same-sex relationships exist. Chief Justice Roberts, unlike his more typically conservative colleagues such as Scalia, is at least consistent in the wrong direction. On both Obamacare/socialized medicine and gay marriage, he's defiantly and predictably against individual rights. By the standards of adherence to the U.S. Constitution and the Declaration of Independence, whose philosophy of individual rights was the explicit basis for the Constitution, Roberts is arguably the worst Supreme Court Chief Justice ever. [Complete article is below.] http://drhurd.com/john-roberts-the-worst-supreme-court-justice-ever/ |
|
|
|
This one is all over my facebook page. I have a lot of conservative christians in the family...
this one is difficult for many to separate morality from the law. |
|
|
|
What I have heard, over and over, is an assertion that, marriage is between a man and a woman. This is certainly what a lot of people believe, and it's entirely their political right to believe it, and to act on that belief. For example, they should not be required, under the law, to provide wedding cakes or other products or services to gay persons, or to anybody else, of whom they do not approve. At the same time, this does not give them a right to prevent gay people from engaging in a legally binding contract.
I totally agree with this, if they want a 'contract' that the government uses to document their relationship and give them 'special' rights,, its no problem if government wants to recognize the marriage in issues involving goverment, its not problem if an ultra minority group wants to FORCE citizens to accomodate their choices and behaviors and SERVICE events set apart for them to display such behavior,,,,thats a problem many heterosexuals go to a justice of the peace and get married,, churches should not be forced to do the same and I am fearing that we are headed that direction... I heard a great suggestion, that Churches get out of the 'marriage' (contractual part) and have government take it over while churches can still perform WEDDINGS along the guidelines that are consistent with their religious values,,, |
|
|