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re: Justice Thomas urges U.S. Supreme Court to feel free to reverse precedents
Posted on 6/18/19 at 9:07 am to ThePTExperience1969
Posted on 6/18/19 at 9:07 am to ThePTExperience1969
quote:then you aren't trying at all. He's being atrociously wrong on some 4th Amendment decisions and was wrong on the dual sovereignty decision just announced. He's been great on many decisions and awful on many.
cannot find a single opinion majority or dissent he’s joined that I disagree with in his 28 years of service,
Posted on 6/18/19 at 9:44 am to L.A.
quote:
Dred Scott would never have been overturned
Just to be clear, Dred Scott decision was not overturned by SCOTUS.
Emancipation and 13th, 14th and 15th Constitutional Amendments nullified the decision.
Posted on 6/18/19 at 9:46 am to TBoy
quote:
The reason this is provocative is that no one trusts Thomas. He’s a terrible justice who is also a loon.
False. You don't trust him because you were told not to and you're easily led.
Posted on 6/18/19 at 10:01 am to SlowFlowPro
quote:
if any laypeople want to read a modern example, read up on
You know damn well that our leaders and media have lay people totally focused on the emotional type topics like race, gender, religion, and abortion.
They could give two shits about an expansion that allows the feds to pretty much regulate any fricking thing that they want to regulate.
Posted on 6/18/19 at 10:09 am to Darth_Vader
quote:Somebody call a medic cuz chinesebandit just knocked tboy the eff out.
Bandit just drug his nuts over your face and made you his prison wife.
Posted on 6/18/19 at 10:14 am to TSLG
quote:80% would go back to the States, where it belongs
To our constitutionalists: how much power would the feds lose if the commerce clause is severely weakened?
Get rid of incorporation under the 14th also, and we would be 95-98% of the way back to where we should be.
Posted on 6/18/19 at 10:19 am to ThePTExperience1969
quote:Louisiana has the most backward and corrupt legal system in the nation. Not sure I would be presenting it as an exemplar.
Moreover, the Louisiana Civil Code recognizes no such concept, it’s all about the judge’s interpretation of the law and Constitution and that’s how it should be “judgment.”
Posted on 6/18/19 at 11:10 am to AggieHank86
Certainly less backward than your stare decisis nonsense despite federal courts overrule their precedents all the time, can totally understand why you’d disparage Louisiana’s system, people normally do that regarding superior approaches
Posted on 6/18/19 at 11:21 am to ThePTExperience1969
Doesn't a large majority of the world have a civil law system?
Posted on 6/18/19 at 11:46 am to TBoy
quote:
The reason this is provocative is that no one trusts Thomas. He’s a terrible justice who is also a loon.
Your racism is showing
Posted on 6/18/19 at 11:49 am to TBoy
quote:
That’s always been the case, but the task has also always been to get it right the first time, or close enough to right that they can work with it. The reason this is provocative is that no one trusts Thomas. He’s a terrible justice who is also a loon
Lol, that is hilarious. He's done more in one week than you will ever accomplish in your pathetic life.
This post was edited on 6/18/19 at 11:51 am
Posted on 6/18/19 at 2:06 pm to L.A.
Plessy v. Ferguson is a better example.
Posted on 6/18/19 at 2:19 pm to ThePTExperience1969
quote:
Justice Thomas is a legal hero of mine
I've watched him speak on Cspan shows at least 5 times. His oratorical style is very conversational and concise. He's great with Q and A afterwards.
Posted on 6/18/19 at 2:58 pm to Wtodd
quote:
I'm not convinced Thomas was hinting about Roe; gotta believe it's something else.
Hopefully, he is hinting at every ruling that was decided through the doctrine of the penumbra.
The whole legal idea of interpreting a right or restriction based on other enumerated rights/restrictions even if they are similar actually violates the 9th and 10th amendments
Posted on 6/18/19 at 3:11 pm to Loserman
One of the great constitutionalist arguments of all-time authored by my legal spirit animal Justice Hugo Black with the Griswold dissent, goes straight up textualist/strict constructionist on their asses his argument didn’t win the day that day but influenced a generation of committed Federalists like yours truly.
Posted on 6/18/19 at 3:19 pm to ThePTExperience1969
quote:
One of the great constitutionalist arguments of all-time authored by my legal spirit animal Justice Hugo Black with the Griswold dissent, goes straight up textualist/strict constructionist on their asses his argument didn’t win the day that day but influenced a generation of committed Federalists like yours truly.
Here Here!!!
Exactly correct.
Hugo Black was in many ways an enigma.
A Staunch Racist Ultra Progressive New Deal Democrat who argued for Judicial restraint and upholding the Constitution as written.
This post was edited on 6/18/19 at 7:05 pm
Posted on 6/18/19 at 5:27 pm to L.A.
quote:I love the fact that Justice Thomas essentially doesn't even recognize the concept of stare decisis as being worthy.
Justice Thomas urges U.S. Supreme Court to feel free to reverse precedents
Posted on 6/18/19 at 5:32 pm to L.A.
Not a fan at all...Heller was a major victory for 2A
Posted on 6/18/19 at 5:45 pm to L.A.
STARE decicis is just an excuse not to make tough decisions. The civil law does not acknowledge such a concept, and neither do I.
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