It looks like you're using an Ad Blocker.
Please white-list or disable AboveTopSecret.com in your ad-blocking tool.
Thank you.
Some features of ATS will be disabled while you continue to use an ad-blocker.
emphasis mine
Justice Antonin Scalia said he was not concerned so much about same-sex marriage but about "this court's threat to American democracy." Justices Samuel Alito and Clarence Thomas also dissented. hosted.ap.org...
originally posted by: warpig69
Here is a quot from Scalia in his dissent that I found interesting. Basically he is saying the body of Judges is not a representation of the Union as a whole. Although true, the Judges are not elected to represent the nation, they are there to interpret law. But, what it sounds like to me is he thinks the Supreme Court wields too much power. Or am I just reading to much into what he said?
from Scalia's dissent
Judges are selected precisely for their skill as lawyers; whether they reflect the policy views of a particular constituency is not (or should not be) relevant. Not surprisingly then, the Federal Judiciary is hardly a cross-section of America. Take, for example, this Court, which consists of only nine men and women, all of them successful lawyers who studied at Harvard or Yale Law School. Four of the nine are natives of New York City. Eight of them grew up in east- and west-coast States. Only one hails from the vast expanse in-between. Not a single Southwesterner or even, to tell the truth, a genuine Westerner (California does not count). Not a single evangelical Christian (a group that comprises about one quarter of Americans), or even a Protestant of any denomination. The strikingly unrepresentative character of the body voting on today’s social upheaval would be irrelevant if they were functioning as judges, answering the legal question whether the American people had ever ratified a constitutional provision that was understood to proscribe the traditional definition of marriage. But of course the Justices in today’s majority are not voting on that basis; they say they are not. And to allow the policy question of same-sex marriage to be considered and resolved by a select, patrician, highly unrepresentative panel of nine is to violate a principle even more fundamental than no taxation without representation: no social transformation without representation.
originally posted by: MotherMayEye
I have done a lot of research on certain court cases and I do believe there is a lot of litigation out there on many issues being argued by controlled opposition.
By that, I mean some cases are purposely set up to fail with bad legal arguments. There could be something else even, already in the works...by controlled opposition.
originally posted by: MotherMayEye
a reply to: xuenchen
Yep. You can rig case law if you are actually arguing both sides.
Obama clearly understands how to rig the system to get the outcome he wants.
originally posted by: MotherMayEye
a reply to: texasgirl
Right, but weigh in all the other factors and why would he even go? Not to hunt. Not his group of friends, if I understand correctly. No medical care nearby. No Marshalls accompanying him.
He went just to walk the grounds. It just doesn't make sense to me, I guess.
Also make note of who else dissented.
originally posted by: nikkib0421
a reply to: MotherMayEye
Of course this is a past case. From February 9, 2016.
Supreme Court puts the brakes on the EPA’s Clean Power Plan.
www.washingtonpost.com...
www.ibtimes.com...
The death of Scalia, whose final order was to deny a stay of execution to a Texas man sentenced to death, leaves the court split evenly on capital punishment, which Scalia consistently found constitutional.
originally posted by: queenofswords
a reply to: jadedANDcynical
Also make note of who else dissented.
With light being shone on Scalia's death, if one of these other dissenting judges were to "die of natural causes" or a "sudden heart attack" or a weird "vehicle accident", or a private "plane crash", or a "suicide", I would think there would be a full out investigation!
originally posted by: MotherMayEye
a reply to: Gryphon66
No, I am speculating about a case that might suddenly come up in the near future and makes it's way to SCOTUS. A case we don't know about but perhaps one that is in the works because both sides are already planning its path.
Just speculation. Nothing more.