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Re:TikTok divestment law upheld by federal appeals court by cycrutchfield on Friday December 06, 2024 @11:36AM (#42341298)
Does the Supreme Court still make decisions based on legal principles or is it just a thin veneer for their political opinions? Genuinely asking because I’m not so sure these days.
Re:TikTok divestment law upheld by federal appeals court by dleeftink on Friday December 06, 2024 @11:43AM (#42341377)
Is it wishful thinking there was a time those were ever separate?
Re:TikTok divestment law upheld by federal appeals court by cycrutchfield on Friday December 06, 2024 @09:43PM (#42346818)
The selection, nomination, and confirmation processes have certainly become significantly more ideologically-driven over time, so I would expect that to have an impact on the composition of the court and the way they make decisions.
Re:TikTok divestment law upheld by federal appeals court by yyuugg on Friday December 06, 2024 @11:45AM (#42341397)
The latter, but it's always been the latter. But usually they've been better at using the former to hide the latter. Recently, there's been a much thinner veneer of "legal principles".
Re:TikTok divestment law upheld by federal appeals court by telotortium on Friday December 06, 2024 @12:31PM (#42341925)
Lol, that's what conservatives think about Sotomayor and Jackson, and looking at their comments during oral arguments as well as their opinions, I think they have a point. (Kagan is generally a more rigorous thinker.) Actually most cases argued before the Supreme Court still have a unanimous or almost unanimous outcome, or are denied cert (which would often indicate a unanimous opinion were it to be ruled upon). It's only in the more controversial cases where you're more likely to read the more blatantly political arguments.
Re:TikTok divestment law upheld by federal appeals court by fastball on Friday December 06, 2024 @12:33PM (#42341965)
Could you give some examples of recent SCOTUS opinions that you think have a worse veneer of legal principles than the average veneer from previously?
Re:TikTok divestment law upheld by federal appeals court by yyuugg on Friday December 06, 2024 @01:29PM (#42342590)
In general, I find the concept of originalism to meet this criteria. Especially as originalist justices are turning to tradition over originalism. The bend from "the words as originally written" to "our traditions" is a fundamentally conservative (lowercase c) one.

In cases like Vidal v. Elster, United States v. Rahimi, and Samia v. United States I think you'll see the justices straining to understand how how square originalism against the modern world, and having to turn to another justification, traditionalism, which feels more like a "I believe this to be true, due to my political lenses" than perhaps some originalist justices in the past.

That said, I personally find originalism to be pretty conservative already (lowercase c again), and kind of silly, but the recent justice appointments are dialling it up more and more.

Re:TikTok divestment law upheld by federal appeals court by andrew_lettuce on Friday December 06, 2024 @11:46AM (#42341402)
Has that changed, or are the political opinions they're delivering just not aligned with your belief system?
Re:TikTok divestment law upheld by federal appeals court by plagiarist on Friday December 06, 2024 @01:00PM (#42342276)
The process seems to be whoever takes them on the most luxurious vacation decides the verdict.