Posted on 10/02/2021 9:59:10 PM PDT by SeekAndFind
The Supreme Court has been a lightning rod of politics in recent times where Republicans and Democrats vie to fill seats to gain an advantage.
And even as several Supreme Court Justices have said that the court is not political, some of what they have said in public has only added to that perception among some, CNN reported.
Justice Samuel A. Alito Jr. defended some of the recent Supreme Court decisions on Thursday at a speech at Notre Dame, The New York Times reported.
He went off on the perception that some in the media made the “false and inflammatory claim that we nullified Roe v. Wade” after its decision to keep the new, controversial Texas abortion law intact.
“We did no such thing, and we said so expressly in our order,” he said, which was correct as the 5-4 decision said it was based on procedural grounds and not the constitutionality of the new law.
But it was liberal Justice Elena Kagan’s dissent in which she said the unsigned majority order, “illustrates just how far the court’s ‘shadow docket’ decisions may depart from the usual principles of appellate process.”
“Without full briefing or argument, and after less than 72 hours’ thought,” she said. “this court greenlights the operation of Texas’ patently unconstitutional law banning most abortions.”
Justice Alito said the “shadow docket” phrase was misleading.
“The catchy and sinister term ‘shadow docket’ has been used to portray the court as having been captured by a dangerous cabal that resorts to sneaky and improper methods to get its ways,” he said. “This portrayal feeds unprecedented efforts to intimidate the court and to damage it as an independent institution.”
He said the decisions made on emergency applications are part of the “emergency docket” and likened it to the decisions made by EMTs.
“You can’t expect the E.M.T.s and the emergency rooms to do the same thing that a team of physicians and nurses will do when they are handling a matter when time is not of the essence in the same way,” the justice said.
And in a speech on Wednesday liberal Justice Sonia Sotomayor said that “There is going to be a lot of disappointment in the law, a huge amount.”
“Look at me, look at my dissents,” she said.
“You know, I can’t change Texas’ law,” she said on Wednesday, “but you can and everyone else who may or may not like it can go out there and be lobbying forces in changing laws that you don’t like.”
“I am pointing out to that when I shouldn’t because they tell me I shouldn’t,” she said. “But my point is that there are going to be a lot of things you don’t like” and that she believes the people can change.
Justice Sotomayor penned her own dissent of the Supreme Court’s decision on the Texas law.
“The Court’s order is stunning,” she said. “Presented with an application to join a flagrantly unconstitutional law engineered to prohibit women from exercising their constitutional rights and evade judicial scrutiny, a majority of the Justices have opted to bury their heads in the sand.”
“The Court should not be so content to ignore its constitutional obligations to protect not only the rights of women, but also the sanctity of its precedents and of the rule of law,” she said.
And conservative Justice Amy Coney Barret made a speech at a political event hosted by Senate Minority Leader and Kentucky Sen. Mitch McConnell in September that raised eyebrows.
“My goal today is to convince you that the court is not comprised of a bunch of partisan hacks,” she said.
“The media, along with hot takes on Twitter, report the results of decisions,” the justice said. “It leaves the reader to judge whether the court was right or wrong based on whether she liked the results of the decision.”
Even longtime conservative Justice Clarence Thomas made similar comments in a speech last month at Notre Dame Law School.
“I think the media makes it sound as though you are just always going right to your personal preferences,” he said. “If they think you’re anti-abortion or something personally, they think that’s the way you’ll always come out.”
Thank goodness there is some controversity.
I was sick of continual LEFTIE decisions
Stolen elections have consequences
Lobbying by private citizens is one thing.
There used to be laws against INFLUENCE PEDDLING which is what professional lobbyists are doing.
We need to enforce the laws on the books, and reintroduce the concept of responsibility in our governmental bodies.
HAHAHAHAHAHAHAHAHAHAHAAHAHAHAHAHAHAHA
We are SO messed up
Failing to take the Texas case on broken election law will forever stain this Court. There is little it can do to redeem itself after punting fair elections.
One of the reasons the conservatives never seem to do anything is that they are afraid of just stating plainly that the Court has egregiously overstepped it's bounds in its "privacy" jurisprudence, as well as grossly abused the due process clause to obtain their preferred outcomes, most recently in the "gay marriage" decision.
They don't seem to realize that "partisan" can mean just "elite opinion" and not a particular political party. They're still "partisan hacks" as long as they look down their noses at the rest of us as bigoted ignoramuses instead of being animated by republican civic spirit to see everyone as fellow citizens.
As long as progressives believe that a man can become a woman we will have a "political" Supreme Court and every other topic of importance will be "political".
Texas keying its law to the presence of the baby’s heartbeat focuses legal minds on the new human life.
There are definitely 3 hard core partisan hacks and one blackmailed hack.
Years ago, I made a joke in a conversation about the surreal “Gender Bending” that was in its infancy then. I said “We can settle all this by simply declaring... that a man is a woman”.
I thought the absurd illogic of that statement would illuminate the insanity of ignoring the realities of biology, and of the pointless confusion such thinking results in.
Now, I see academics making equally or even more insane statements about “Gender Politics” and the movement to degrade our society and culture with just such madness. Well, here we are, in Bedlam.
Those who insist on even entertaining this dysphoric lunacy, are intent on reducing what is left of our society, into a nightmare of arbitrary laws, that destroy the very concept of “family” and of being a human. Why? Ask the cattle in the stockyard. They are no longer animals, no longer living things. They are meat. To be used and controlled by their betters, their owners.
Human society is going to be reduced to simply a corral, a feedlot, all for the sake of control by power elites. Are we human, with individual rights and lives, in control of our own destines?
Moo.
Are they fighting over who gets the biggest dark money pay-off?
Everything the Wide Latina said about the Texas Heartbeat Law, I would say about the SCOTUS’ cowardly refusal to address the blatant election theft…….the patently unconstitutional changes made to various states’ election laws.
First point, the ‘Right to Abortion’ is said to have been ‘found’ in the 14th Amendment. I challenge all to read it and tell me where the ‘Right to Abortion’ resides in the 14th Amendment? Please. I simply cannot find it.
Second point, the Supremes pretending that they aren’t controlled by their personal ideology is ridiculous. Only the people considered ‘Right’ EVER rule against the common thought of the Right. The Leftists on the Court ALWAYS rule to their ideology. Period. It is laughable for the Leftist Supremes to pretend that those considered on the Right, always rule by ideology. It is the pot calling the kettle black. Shame on them.
For decades libs controlled the supremes. Currently the conservative wing has a minimal lead and the libs have lost their minds over it.
Too bad.
The fact that Sotomayor and Kagan even sit on the Supreme Court show how worthless it is.
“Human society is going to be reduced to simply a corral, a feedlot, all for the sake of control by power elites. Are we human, with individual rights and lives, in control of our own destinies?” -Richard Axtell
Richard, meet Anthony:
“When people are forced to remain silent when they are being told the most obvious lies, or even worse when they are forced to repeat the lies themselves, they lose once and for all their sense of probity. To assent to obvious lies is to cooperate with evil, and in some small way to become evil oneself. One’s standing to resist anything is thus eroded, and even destroyed. A society of emasculated liars is easy to control. I think if you examine political correctness, it has the same effect, and is intended to.”
- Anthony Daniels (pen name Theodore Dalrymple)
All for the sake of control by power elites, who seem not to fear retribution...
...or believe in the existence of Hell.
# “I think the media makes it sound as though you are just always going right to your personal preferences,” he said. “If they think you’re anti-abortion or something personally, they think that’s the way you’ll always come out.”
While this is true amongst the ‘conservative’ judges. I can’t think of a single example from the liberal/communist side.
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