Posted on 06/28/2015 7:51:48 PM PDT by SeekAndFind
In controversial cases, is the role of jurist to inflame controversy, or quell it?
In Loving v. Virginia, the 1967 case which found race-based marriage bans unconstitutional, Chief Justice Earl Warren built a 9-0 consensus—just as he’d done years earlier in Brown vs. Board of Education. He knew that a country divided by race ought to be united, if possible, by a Supreme Court mindful of fundamental values—even if the Court was, as the constitution requires, overturning the will of the majority.
The four dissents in the landmark case on same-sex marriage, Obergefell v. Hodges, one by each of the conservative justices on today’s Supreme Court, take a very different view. With invective and hyperbole, they pour fuel on the fire of the controversy over same-sex marriage. Rather than merely state their views and disagreements, they use heated language to accuse the five-person majority of imperialism, a “putsch,” and worse.
Thus, the unprecedented calls of elected officials for open revolt against the Supreme Court—a shocking display of treason—are now accompanied by calls from within the Court itself that Obergefell is illegitimate, and the Supreme Court itself no longer worthy of full respect.
Ironically, in alleging a new low for the Court, these four justices have brought one into being. Justice Scalia has, as usual, grabbed the spotlight with juvenile taunting usually reserved for the playground. But in fact, all four opinions are shocking.
Chief Justice Roberts (joined by Scalia and Thomas) makes a solid, and unsurprising, substantive case. There is, after all, no explicit right to marriage (for gays or anyone else) in the Constitution; it is, rather, a fundamental right inferred into the Fourteenth Amendment’s guarantees of due process and equal protection. Thus, one might expect a judicial conservative like Roberts to be suspicious of expanding it,
(Excerpt) Read more at thedailybeast.com ...
Quite True.
Our problem is not this decision.
It is January 21, 2017.
"It seems inevitable that rhetoric like [Scalia's] will stir the next Confederate flag-waving zealot to an act of, if not domestic terrorism, at least outrageous revolt. How could it be otherwise?"
I'd call that a fair stab at stochastic terrorism, wouldn't you?
Technically, Dred Scott v. Sandford could not be reversed, because Taney's decision found that Scott was not a US Citizen, and therefore had no standing to sue in Federal Court to begin with. In practical terms, the additional findings of Scott which struck down Congress's power to regulate slavery in the federal territories acquired after the ratification of the Constitution, and those which [erroneously] defined US citizenship, were all swept away by the Fourteenth Amendment. But not by a reversal.
There are morons who claim the First Amendment applies only to political speech.
However, here, we are talking about Supreme Court dissents, not mere political speech, such as Cruz or Sanders or you or I might utter.
Michaelson is a fascist worm, and he's made his clever point and filled the Daily Beast's news hole!
If I could get 30,000 Virginian riflemen, I’d put the 3 brigades in full kit outside of Wash DC and have the constituents call their representatives and tell them to look out the window: and if the bullshiite continues, they won’t be staying on the Northern Virginia side.
Fine then. Just say marriage and holy matrimony are two different things.
If this be treason, then call me treasonous.
If I could get 30,000 Virginian riflemen, I’d put the 3 brigades in full kit outside of Wash DC...
Sounds dreamy in some respects.....
However; it’s a bit late for that..
the forces that pulled off this Coup..
must be very good.. and are ready...
Actually they are probably pining for that..
trying to make it happen... as it seems to me..
Saul Alinsky was an evil son of a bitch
but theres no doubt he was a genius..
Got the republicans by the short hairs..
An he owns the friggen democrats..
The progressives pulled off an awesome revolution..
Slow and steady over decades.. and very complete..
got to give it to them.... Brilliant...
However; given a change I would HANG any one of them
with no regrets... sleep like a baby.. and piss on their grave..
***
this author is breathlessly attacking the dissenters’ opinions; trying to make a moral equivalence with interracial marriage and gay marriage.
The Supreme Court changed the rules sometime I think it was in 2012 so that an average person could not submit an Amicus brief.
You must be an approved member of the bar to submit one...
Since that time, our right to petition the Supreme Court has been lost. Our right to petition the government is protected by the first amendment.
The Supreme Court, by doing so, has decided we are not important.
So what are you gonna do?
Basically just IGNORE THEM.
In all things.
Just as predictable as Baltimore riots.. Calls for civil war... Really? Ridiculous. Enough young lives and blood have been shed. It is insane to wish war upon the land you depend on to live. Everyone knew the Supreme court would do this, so stand firm, and move on to more important things. This just doesn’t change anything. The libs are drunk with power and they are making sure everyone is drinking from their cup. It is madness, but so is more blood and lives.
War is not like video games, and guess who has the superior technology? Not only that, but the end result would be the massacre of conservatives, land seizure and the end of the second amendment in it’s entirety.
This is not a time for weapons.. it is a time for the real work. Make your church, the one God is blessing and using to speak the truth, even if it costs the roof over your head. Start a home group... do anything, but what the left wants.. they want you to start a war and they plan on wiping you off the face of the planet.
So unless you are located physically in DC or maybe a busy west coast port, you can be erased and so can your land. They cannot wait for you to fire the first shot.. they have been baiting you for years, they can smell the victory already. So pull the trigger and they will rejoice and watch you die like Benghazi.
They love death and they will be watching real life movies like the purge and hunger games.
The majority of the Nine Black Robed Supremes are the ones committing treason, and the dissenting opinions were mild compared to the audacity of the majority.
No - they have suggested using the safeguards of the 1st, 2nd and 10th Amendments to undo the treasons being committed by our Federal and SCOTUS overlords.
That’s why, while moral law is now and forever valid, the legal positivism of Washington is not valid, and choices like tax resistance are prudential choices only, carrying no moral burden we do not already bear in the normal course of things.
What makes you think electing Republicans will change anything. Do you remember all the promises made by R’s in 2014? Have they keep one promise? Have they done one thing to help stop or even slow the assault on our Constitution? No, almost all the R’s in DC are as corrupt as the Rats. Screw them too.
Rights, we are told, can “rise . . . from a better informed understanding of how constitutional imperatives define a liberty that remains urgent in our own era.” (Huh? How can a better informed understanding of how constitutional imperatives [whatever that means] define [whatever that means] an urgent liberty [never mind], give birth to a right?)
LOL. Reads like a FReeper post.
Cordially,
Then give up now and move somewhere else.
If we work NOW to nominate good candidates, we have a chance.
We will never get EVERYTHING we want; in government, in a job, in raising children, in a new car, in a marriage.
Our problem has been that the Dems are willing to work hard to elect a candidate that will give them only 60% of what they want.
We want some magic candidate that will give us 100%, or we won’t support them.
That doesn’t work. Romney and the conservatives who sat home because Romney wasn’t “conservative enough” gave Obama another 4 years.
It’s like playing baseball and trying to hit a home run every time. Concentrating on just home runs is a great way to strike out every time. You can win a lot of games with well hit singles and doubles.
I do not see any other possible outcome for America at this point except CW2.
It’s inevitable and unstoppable at this point.
I need to find and befriend patriots around me Who See, because most people are ignorant to the profound event that just occurred.
bkmk
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