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Re:Sotomayor writes 9-0 opinion supporting NRA in First Amen... by JohnMakin on Thursday May 30, 2024 @04:18PM (#40528129)
> If you lose 9-0 in the Supreme Court, and your expected side (in this case, progressives)

This is a pretty clear first amendment issue that shouldn’t divide among party lines. Party lines shouldn’t even be a thing in the SC, but unfortunately that ship has sailed. The law is clear about this so the “progressive” judges wrote their opinion about what the law says. That is more than can be said about some of the more conservative justices, who don’t really seem to care as much about what the law says rather than pushing personal/political/financial agendas.

Re:Sotomayor writes 9-0 opinion supporting NRA in First Amen... by whoiscroberts on Thursday May 30, 2024 @04:27PM (#40528236)
What decisions would you recommend I read that demonstrate the conservative justices don’t care as much about the law rather than their political agenda? I make this claim all the time based on my instinct but always fall short when trying to demonstrate, what ruling led you to your conclusion?
Re:Sotomayor writes 9-0 opinion supporting NRA in First Amen... by JohnMakin on Thursday May 30, 2024 @04:34PM (#40528328)
Justice Roberts, for instance, has had wildly conflicting and inconsistent reasoning behind striking down the federal healthcare mandate over the years. A cynical person would conclude that may have a little to do with his friendships with healthcare executives that "loan" him many hundreds of thousands of dollars he didn't report. Just one example
Re:Sotomayor writes 9-0 opinion supporting NRA in First Amen... by gwd on Thursday May 30, 2024 @05:12PM (#40528764)
The thing is, you can always find a rationale for whatever answer you want. So the evidence here wouldn't be to look at one individual case and see an obviously bad argument. The evidence would be to ask, are there any cases where the judges ruled on principle against their political preferences?

Unfortunately I don't have exact cases, but there are many claims that conservative justices are very much "states rights" when it comes to things like abortion, but very much not "states rights" when it comes to things like gun control.

Re:Sotomayor writes 9-0 opinion supporting NRA in First Amen... by ImJamal on Thursday May 30, 2024 @05:34PM (#40528963)
> Unfortunately I don't have exact cases, but there are many claims that conservative justices are very much "states rights" when it comes to things like abortion, but very much not "states rights" when it comes to things like gun control.

That is because of the incorporation of the bill of rights. The current interpretation of the 14th amendment is that some of the Amendments in Bill of Rights apply to both the federal and state governments.

The second amendment is one of those amendments (at least according to the conservative justices) and as such they should be protected at the federal level.

Abortion is not listed in the constitution and as such the 10th amendment takes precedence and the states can decide.

The more liberal justices do the same thing with amendments and come up with their own justification for which amendments are fully and partially incorporated.

Re:Sotomayor writes 9-0 opinion supporting NRA in First Amen... by wormius on Thursday May 30, 2024 @04:44PM (#40528481)
One example, where Alito reaches back to Witch Trials to justify his anti-abortion stance: https://www.propublica.org/article/abortion-roe-wade-alito-s... ...

I understand "tradition" can play a role in jurisprudence, but this is clearly a bit much.

Really to find super-obvious examples look at almost any judgement by Thomas, or Alito.

The others (Roberts,Kavanaugh, Coney-Barrett & Gorsuch have all been able to partly go against perceived partisanship now and then.

This doesn't mean that there isn't left-wing jurisprudence operated by the "progressive" side of the aisle, but generally (I feel) it's more rare. Maybe if the court were 6-3 in the other direction it would be similar, where a couple extremist outliers would consistently vote with a strong Partisan bias.

The weakening/overturning of the of federal oversight of the south's voting processes, which was originally mandated by the Voting Rights Act, is another one I would call pretty partisan. But that's just my view. YMMV.

Re:Sotomayor writes 9-0 opinion supporting NRA in First Amen... by alistairSH on Thursday May 30, 2024 @04:49PM (#40528552)
Not a single decision, but Alito has never found a conservative lacked standing and always finds liberals lack standing. He is an outlier on this - Thomas isn’t as lopsided, nor are any of liberals on the court.

https://adamunikowsky.substack.com/p/does-standing-follow-th...

Re:Sotomayor writes 9-0 opinion supporting NRA in First Amen... by pjob on Friday May 31, 2024 @06:42PM (#40541089)
This is a recurring theme on the 5-4 podcast. You may want to reference their episode list as a starting point for relevant cases to research.
Re:Sotomayor writes 9-0 opinion supporting NRA in First Amen... by pdonis on Thursday May 30, 2024 @04:35PM (#40528342)
> That is more than can be said about some of the more conservative justices, who don’t really seem to care as much about what the law says rather than pushing personal/political/financial agendas.

That can be said about justices on all parts of the political spectrum. For just a couple of examples of egregious decisions by liberal justices pushing their own agendas, see: Kelo v. New London, Wickard v. Filburn.

Re:Sotomayor writes 9-0 opinion supporting NRA in First Amen... by lupusreal on Thursday May 30, 2024 @04:43PM (#40528464)
You say this case was a no brainer and only conservative judges would bodge something so obvious, but the fact of the matter is the Second Circuit royally fucked up this case in the ideologically predictable manner, which is the whole reason it went to the SCOTUS in the first place.
Re:Sotomayor writes 9-0 opinion supporting NRA in First Amen... by JohnMakin on Thursday May 30, 2024 @06:09PM (#40529267)
I in fact said none of that
Re:Sotomayor writes 9-0 opinion supporting NRA in First Amen... by lupusreal on Friday May 31, 2024 @04:23AM (#40532635)
I think that was a fair paraphrasing of what you said.
Re:Sotomayor writes 9-0 opinion supporting NRA in First Amen... by JohnMakin on Friday May 31, 2024 @05:11AM (#40532876)
You can think the sky is green but it doesn’t necessarily change reality.
Re:Sotomayor writes 9-0 opinion supporting NRA in First Amen... by lupusreal on Friday May 31, 2024 @12:09PM (#40536874)
You're moaning about conservative justices ignoring the law for ideological reasons, in the discussion about a case which went to SCOTUS because progressive judges in the Second Circuit ignored the law. Gaslighting won't work on me, so you're wasting your time.
Re:Sotomayor writes 9-0 opinion supporting NRA in First Amen... by jimbob45 on Thursday May 30, 2024 @04:20PM (#40528150)
This is a pretty clear first amendment issue

That's what OP is saying - someone wasted a ton of time and money on lawyers to receive a verdict that they should have known was coming.

Re:Sotomayor writes 9-0 opinion supporting NRA in First Amen... by JohnMakin on Thursday May 30, 2024 @04:24PM (#40528198)
Right, my main point being though that the expectation that a judge should rule for your "side" of the aisle is faulty and corrupt and not really a "progressive" thing. At least not from my recent recollection and I have a weird OCD habit of reading a lot of the denser text of these opinions.

I will say that Kavanaugh has been a surprising force on the court, tending to vote by what he thinks the law says, so I'm not trying to blame any specific party here, just individuals that I probably do not need to name because it has been so prominent in the news cycle the last few years.

Re:Sotomayor writes 9-0 opinion supporting NRA in First Amen... by ImJamal on Thursday May 30, 2024 @05:38PM (#40528993)
> Party lines shouldn’t even be a thing in the SC, but unfortunately that ship has sailed.

When was it ever not corrupted with parties? Marbury v. Madison happened in 1803 so at most 15 years.

Re:Sotomayor writes 9-0 opinion supporting NRA in First Amen... by kccqzy on Thursday May 30, 2024 @05:52PM (#40529120)
Marbury v. Madison was not corruption with parties. In fact to the contrary. It was a master move by Marshall to please both parties, and also established the principle of judicial review. In contrast to recent justices having a bias towards a party, Marshall managed to give both the Federalists and the Democratic-Republicans something they liked.
Re:Sotomayor writes 9-0 opinion supporting NRA in First Amen... by ImJamal on Thursday May 30, 2024 @07:29PM (#40529938)
You are looking at it in a different way than I am. While Marshall was extraordinarily gifted in the ruling and gave both sides part of what they wanted, he ultimately gave the Federalists, which he was a member of, the long term victory.

He enshrined judicial review, which was very much up to debate, as a power the Supreme Court had. This power was then extended past federal laws into state laws. This is the exact thing that the Federalists wanted and the Democratic-Republicans opposed. Madison himself thought the congress should be able to veto state laws saying that it was "absolutely necessary to a perfect system".

The current crop of Supreme Court justices are no where near as talented so their decisions are more blatant and immediate. Marshall was able to look long term and got his party what they wanted.