Justice Kennedy Announces Retirement

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Re: Justice Kennedy Announces Retirement

Post by Doctor X » Sat Sep 08, 2018 6:29 am

It is like a theologian reading a scripture: when scripture says what he wants it to say, he appeals to a strict reading; when it does not, he evokes the "plain meaning," the "original intent," then starts bringing in pieces unrelated to the text to pretend the meaning he finds in them supports whatever it is he wants it to say.

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Re: Justice Kennedy Announces Retirement

Post by gnome » Sat Sep 08, 2018 6:30 am

shuize wrote:
Fri Sep 07, 2018 2:05 am
gnome wrote:
Thu Sep 06, 2018 11:55 am
I'm trying to figure out why the party of "limited government" hates the idea so much that the government can't intrude into private behavior without a compelling state interest.

Could it be they only want to stop OTHER people from using the government that way?
I'm not deeply invested in this, but if you believe abortion is murder, "compelling interest" is easy.
And were they to establish that, Griswold v. Connecticut would not apply, so what's their beef with that case?
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Re: Justice Kennedy Announces Retirement

Post by Doctor X » Sat Sep 08, 2018 6:46 am

gnome wrote:
Sat Sep 08, 2018 6:30 am
shuize wrote:
Fri Sep 07, 2018 2:05 am
gnome wrote:
Thu Sep 06, 2018 11:55 am
I'm trying to figure out why the party of "limited government" hates the idea so much that the government can't intrude into private behavior without a compelling state interest.

Could it be they only want to stop OTHER people from using the government that way?
I'm not deeply invested in this, but if you believe abortion is murder, "compelling interest" is easy.
And were they to establish that, Griswold v. Connecticut would not apply, so what's their beef with that case?
Per the eisegesis I evoked above, I can make a "case" to overturn Griswold particularly if you establish that abortion is murder. Any abortifactantingderkurt that potentially expels/prevents implantation of a fertilized egg would immediately fall under that.

Which is the problem.

The dirty secret is when both sides as they did these hearings propagandized "settle law" versus "controversial, unsettled," or whatever the hell fallacious euphemism they employed, they are akin to me complaining that the Patriots did not win, because the referee failed to recognize a clear case of the Infield-Fly Rule. Utter nonsense.

A SCOTUS decision IS "law" until another decision overturns it, or a statutory law addresses the issue, or, finally, an Amendment to the U.S. Constitution does effectively the same thing. The law does try to avoid case law becoming a matter of "what team wins" an election. That then becomes a court to SCOTUS decision not to review a previous decision. Congress and the President are under no obligation to follow that provided they do what is necessary to overturn it.

The country has been so divided on the issue of abortion that neither side, thus far, has achieved the two-thirds effective majority to decide it one way or the other . . . until the other side does the same decades later and overturns that Amendment!

In the rain.

--J.D.
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"Doctor X is just treating you the way he treats everyone--as subhuman crap too dumb to breathe in after you breathe out."--Don
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"It was the criticisms of Doc X, actually, that let me see more clearly how far the hypocrisy had gone."--clarsct
"I'd leave it up to Doctor X who has been a benevolent tyrant so far."--Grammatron
"Indeed you are a river to your people.
Shit. That's going to end up in your sig."--Pyrrho
"Try a twelve step program and accept Doctor X as your High Power."--asthmatic camel
"just like Doc X said." --gnome

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Re: Justice Kennedy Announces Retirement

Post by Abdul Alhazred » Sat Sep 08, 2018 12:04 pm

Be that as it may, I still prefer judges (not just Supremes) whose ideology genuinely includes belief in some sort of constitutional limits on government.
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Re: Justice Kennedy Announces Retirement

Post by Anaxagoras » Sat Sep 08, 2018 12:10 pm

Doctor X wrote:
Sat Sep 08, 2018 6:29 am
It is like a theologian reading a scripture: when scripture says what he wants it to say, he appeals to a strict reading; when it does not, he evokes the "plain meaning," the "original intent," then starts bringing in pieces unrelated to the text to pretend the meaning he finds in them supports whatever it is he wants it to say.

--J.D.
Sounds a bit like "hermeneutics", which I take it is just a fancy word for interpretation.

The Supreme Court essentially "interprets" the constitution.

Japan has over the years "interpreted" its own constitution (which we sort of imposed on them) to allow more and more military-like forces.
A fool thinks himself to be wise, but a wise man knows himself to be a fool.
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Re: Justice Kennedy Announces Retirement

Post by Doctor X » Sat Sep 08, 2018 1:37 pm

Anaxagoras wrote:
Sat Sep 08, 2018 12:10 pm
Sounds a bit like "hermeneutics", which I take it is just a fancy word for interpretation.
Technically, no. While your recognition proves valid, what I describe is "eisegesis" or the reading into a text rather than from a text: "exegesis." Granted, every theologian/lawyer/partisan hack claims that their eisegesis is exegesis.
The Supreme Court essentially "interprets" the constitution.
It is not limited to the U.S. Constitution. For example, it will interpret a law. Unless either side raises a constitutional issue, it may get to them over an interpretation of a comma placement. Granted, Roe v. Wade and other major decisions do tend to depend on the U.S. Constitution.

--J.D.
Mob of the Mean: Free beanie, cattle-prod and Charley Fan Club!
"Doctor X is just treating you the way he treats everyone--as subhuman crap too dumb to breathe in after you breathe out."--Don
DocX: FTW.--sparks
"Doctor X wins again."--Pyrrho
"Never sorry to make a racist Fucktard cry."--His Humble MagNIfIcence
"It was the criticisms of Doc X, actually, that let me see more clearly how far the hypocrisy had gone."--clarsct
"I'd leave it up to Doctor X who has been a benevolent tyrant so far."--Grammatron
"Indeed you are a river to your people.
Shit. That's going to end up in your sig."--Pyrrho
"Try a twelve step program and accept Doctor X as your High Power."--asthmatic camel
"just like Doc X said." --gnome

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Re: Justice Kennedy Announces Retirement

Post by Pyrrho » Sat Sep 08, 2018 3:10 pm


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Re: Justice Kennedy Announces Retirement

Post by WildCat » Sun Sep 09, 2018 12:09 am

Abdul Alhazred wrote:
Sat Sep 08, 2018 12:04 pm
Be that as it may, I still prefer judges (not just Supremes) whose ideology genuinely includes belief in some sort of constitutional limits on government.
You don't even vote, so technically you don't prefer anything.
Do you have questions about God?

you sniveling little right-wing nutter - jj

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Re: Justice Kennedy Announces Retirement

Post by Abdul Alhazred » Sun Sep 09, 2018 12:11 am

You actually believe your vote counts?
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Re: Justice Kennedy Announces Retirement

Post by WildCat » Sun Sep 09, 2018 12:14 am

Abdul Alhazred wrote:
Sun Sep 09, 2018 12:11 am
You actually believe your vote counts?
It gives me the right to bitch. Earn your right to bitch.
Do you have questions about God?

you sniveling little right-wing nutter - jj

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Re: Justice Kennedy Announces Retirement

Post by Pyrrho » Sun Sep 09, 2018 12:20 am

He has to earn his avatar first.
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Re: Justice Kennedy Announces Retirement

Post by Abdul Alhazred » Sun Sep 09, 2018 12:41 am

WildCat wrote:
Sun Sep 09, 2018 12:14 am
Abdul Alhazred wrote:
Sun Sep 09, 2018 12:11 am
You actually believe your vote counts?
It gives me the right to bitch. Earn your right to bitch.
Horseshit.

It is a right I have as a human being, not something "earned" by giving into thugs.
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Re: Justice Kennedy Announces Retirement

Post by WildCat » Sun Sep 09, 2018 12:52 am

Abdul Alhazred wrote:
Sun Sep 09, 2018 12:41 am
WildCat wrote:
Sun Sep 09, 2018 12:14 am
Abdul Alhazred wrote:
Sun Sep 09, 2018 12:11 am
You actually believe your vote counts?
It gives me the right to bitch. Earn your right to bitch.
Horseshit.

It is a right I have as a human being, not something "earned" by giving into thugs.
If you don't care enough to vote your bitching is just grandstanding. You're not aggrieved, you're just seeking attention.
Do you have questions about God?

you sniveling little right-wing nutter - jj

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Re: Justice Kennedy Announces Retirement

Post by Abdul Alhazred » Sun Sep 09, 2018 12:55 am

You voted Republican in Cook Country.

Ergo your vote didn't count but coincidentally you got what you wanted, sort of, this time.

I'm happy for you. :)
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Re: Justice Kennedy Announces Retirement

Post by WildCat » Sun Sep 09, 2018 12:59 am

Abdul Alhazred wrote:
Sun Sep 09, 2018 12:55 am
You voted Republican in Cook Country.

Ergo your vote didn't count but coincidentally you got what you wanted, sort of, this time.

I'm happy for you. :)
I vote Democrat in primaries.
Do you have questions about God?

you sniveling little right-wing nutter - jj

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Re: Justice Kennedy Announces Retirement

Post by Abdul Alhazred » Sun Sep 09, 2018 1:02 am

WildCat wrote:
Sun Sep 09, 2018 12:59 am
I vote Democrat in primaries.
Clever fellow.

Did you vote for Hillary? :lmao:
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Re: Justice Kennedy Announces Retirement

Post by Skeeve » Sun Sep 09, 2018 1:49 pm

Abdul Alhazred wrote:
Sun Sep 09, 2018 1:02 am
WildCat wrote:
Sun Sep 09, 2018 12:59 am
I vote Democrat in primaries.
Clever fellow.

Did you vote for Hillary HER TURN? :lmao:
FTFY...

Meanwhile, Susan Collins Receives 3,000 Coat Hangers Ahead Of Kavanaugh Vote
As a reminder of what could be at stake if President Donald Trump’s latest Supreme Court pick is confirmed, abortion rights activists have been sending Sen. Susan Collins (R-Maine) coat hangers for months.
...
Around 3,000 have been delivered so far to the office of the senator, The Associated Press reported Saturday. Collins is considered to be a key vote in the upcoming confirmation vote for Trump’s nominee, Brett Kavanaugh.

Many supporters of abortion rights fear Kavanaugh would dismantle the landmark 1973 abortion case Roe v. Wade ― in no small part because that’s precisely what Trump promised during his campaign. Given the chance, Trump said, he would nominate judges to the Supreme Court who would significantly roll back Roe v. Wade. Collins, a centrist, supports abortion rights.

The hangers are symbols of a dangerous method for terminating a pregnancy used when abortion was illegal and many women resorted to risky procedures.
...
Kavanaugh’s Senate Judiciary Committee hearing wrapped Friday after four contentious days that saw more than 200 protesters arrested.
:Popcorn:
Then Skank Of America could start in...

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Re: Justice Kennedy Announces Retirement

Post by Abdul Alhazred » Sun Sep 09, 2018 2:50 pm

Heh!

I'm guessing Wildcat voted for Hillary twice. Once each in the primaries of 2008 and 2016.
Every time he had the chance, except the last time. Not unlike Trump.

Oooh! Machiavellian manipulation of the other party.

Wildcat the Hillary voter. :lmao:
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Re: Justice Kennedy Announces Retirement

Post by ed » Sun Sep 09, 2018 3:26 pm

And he's Mexican.
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Re: Justice Kennedy Announces Retirement

Post by Giz » Sun Sep 09, 2018 4:02 pm

Wildcat. Toting guns around Chicago. Voting for Hillary. Pretty damning stuff.