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Thomas urges Supreme Court to reverse 'demonstrably erroneous decisions'
The Hill ^ | 06/17/19 | Jacqueline Thomsen

Posted on 06/17/2019 9:52:35 AM PDT by yesthatjallen

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To: Labyrinthos

Why should my taxes pay from a wheelchair ramp into an auto parts store? Gettest thou real.


21 posted on 06/17/2019 10:26:30 AM PDT by sparklite2 (Don't mind me. I'm just a contrarian.)
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To: Zathras
Americans with Disability Act.
One of the worst laws ever written.

Bob Dole's legacy...

22 posted on 06/17/2019 10:28:07 AM PDT by Yo-Yo ( is the /sarc tag really necessary?)
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To: Beagle8U

https://en.wikipedia.org/wiki/Marbury_v._Madison


23 posted on 06/17/2019 10:30:18 AM PDT by gibsonguy
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To: yesthatjallen

Oh, if only the other “conservative” justices would have the same guts, integrity and love for the US Constitution that Justice Thomas clearly has, our Republic would not be in its current danger of falling.


24 posted on 06/17/2019 10:34:21 AM PDT by House Atreides (Boycott the NFL 100% — PERMANENTLY)
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To: Lurkinanloomin

I think Thomas is laying the groundwork FOR Roe v Wade to be overturned.


25 posted on 06/17/2019 10:35:29 AM PDT by knarf
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To: sparklite2

Why should the owner of the auto parts store have pay the cost of a wheelchair ramp to solve what Congress has determined to be a societal problem? Sort of like how government requires private landlords to rent apartments at below market rates to solve a public housing problem. If its a public problem, then the cost of “solving” the problem should be paid from tax dollars, not forced upon a small group segment of the population.


26 posted on 06/17/2019 10:36:19 AM PDT by Labyrinthos
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To: Leaning Right

Yup, A sportsmans club used to belong to was serving breakfast on Sundays and the state came up with all kinds of rules.

A the restrooms had to have crippled access and the kitchen had to have 40K in updates.

It wasn’t even open to the general public except a couple hours on Sunday.


27 posted on 06/17/2019 10:36:32 AM PDT by Beagle8U (It's not whether you win or lose, it's how you place the blame.)
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To: gibsonguy
Marbury v. Madison
The decision that set up Judicial Tyranny.


Actually, I disagree. The essence of Marbury v. Madison is the Supreme Court telling Congress something it could not do because it was in conflict with the Constitution. That is exactly appropriate for the Supreme Court.

Judicial Tyranny results from other decisions where the Court dictated what someone (or some organization) must do.

If the Supreme Court continued in the logic of Marbury v. Madison, 90% of current federal law would be thrown out. This consists primarily of regulations and judicial fiat.

The Constitution says that Congress "shall have the sole power to make laws." Any judicial decision that asserts a positive right/duty/penalty is judge-made law and unConstitutional on the face of it. Only in restricting the authority of Congress to pass unConstitutional laws does the Supreme Court have authority.


28 posted on 06/17/2019 10:38:08 AM PDT by Phlyer
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To: 1Old Pro

“Thomas is a gift to our Country. May he serve many more years in good health.”

Yes he IS a true gift to this country. Why wasn’t HE made chief justice rather than Roberts. Never understood that.

I read his autobiography and found it very interesting. His wife is A OK, too, in my book. This is why the left wishes him ill health, early departure from SCOTUS and all the other evil things they say about conservatives. A pox on them. Thomas is terrific.


29 posted on 06/17/2019 10:38:20 AM PDT by WaterWeWaitinFor (Politics is more dangerous than war. In war you are only killed once. Winston Churchill)
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To: Labyrinthos

Example: The Appalachian trail in the white mts NH has a hut at the lake of the clouds on Mt Washington. You have to hike up 4,000 ft of rocky trails to get there. When they decided to renovate they had to make it wheel chair accessible. That’s our government for you, no common sense allowed. Just to be jokers, when they opened the renovated hut a bunch of (very fit) hikers carried a compatriot up the 4000 ft to the hut in his wheel chair to christen the ramp.


30 posted on 06/17/2019 10:43:17 AM PDT by mistfree (It's a very uncreative man who can't think of more than one way to spell a word.)
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To: Labyrinthos

If nothing else, think pragmatically.

1. The ramp will increase your business.
2. You will expense the cost of building it.
3. By the time government got through with it,
the cost of the ramp would go up a hundred fold.
4. It’s the cost of doing business.


31 posted on 06/17/2019 10:46:05 AM PDT by sparklite2 (Don't mind me. I'm just a contrarian.)
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To: yesthatjallen
I did a master's thesis on this topic; how the court makes a politically loaded decision, then lower courts cherrypick the language of the decision, taking a phrase out of context and yelling "stare decisis!" (remain decided) to craft a whole new set of "rights" not enumerated by the Constitution.
32 posted on 06/17/2019 10:46:46 AM PDT by Albion Wilde (It is fatal to enter any war without the will to win it. --Douglas MacArthur)
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To: yesthatjallen

Thomas could be my favorite Justice of all time. Trump is getting more GOPe judges and justices in, but they are uniparty types. Thomas is the real deal.


33 posted on 06/17/2019 10:48:41 AM PDT by 9YearLurker
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To: yesthatjallen

The Supreme Court should definitely overturn Roe vs Wade based on the fact that it violated the 10th and 11th Amendments to the constitution. They are listed below.

10th AMENDMENT

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

11TH AMENDMENT

The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.

Roe vs Wade distinctly violates both of these Amendments.


34 posted on 06/17/2019 10:49:26 AM PDT by maxwellsmart_agent
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To: Albion Wilde
...then lower courts cherrypick the language of the decision, taking a phrase out of context and yelling "stare decisis!" (remain decided) to craft a whole new set of "rights" not enumerated by the Constitution.

And I give you just about every lower court that has cited Miller. Only they did so to restrict a Constitutional right.

35 posted on 06/17/2019 11:16:47 AM PDT by MileHi (Liberalism is an ideology of parasites, hypocrites, grievance mongers, victims, and control freaks.)
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To: Labyrinthos

The ADA forces employers, businesses, and places of public accommodation to suffer the expense and burdens of implementing the law, rather than funding the law with public tax dollars.

And where do you think those “public tax dollars” will come from? The employers, businesses, and people. We, The People, pay for it all anyway. If it costs a business an extra $5,000 to do something, they’re not going to eat the cost - they’re going to pass that to their customers, aka, the People.


36 posted on 06/17/2019 11:17:52 AM PDT by ro_dreaming (Chesterton, 'Christianity has not been tried and found wanting. It's been found hard and not tried')
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To: Leaning Right

The ADA regs are quite specific. A bathroom stall has to be a certain size—big enough to let a wheelchair in. No allowance for the cost of the upgrade, and frankly in older buildings the upgrade is virtually impossible. The entrance to a business must be flush with the outside pavement. A ramp to get around stairs has regs on its slope, flat rest areas are required at specific distances, if it is too long...the regs go on and on. And there are people who make a living finding places that are non-compliant.


37 posted on 06/17/2019 11:32:08 AM PDT by hanamizu
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To: yesthatjallen

At one time our Supreme Court ruled that blacks weren’t people (Citizens). They were property. NOW, if there is any democrat that thinks precedence should be LAW (which is what they think they want), ask them if Dred Scott should still be the law of the land.


38 posted on 06/17/2019 11:37:57 AM PDT by Tenacious 1
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To: Beagle8U
What is wrong with that one? The access mandates it forces on stores?

No, the one that requires sports to accommodate armless tennis players.

39 posted on 06/17/2019 11:38:42 AM PDT by itsahoot (Welcome to the New USA where Islam is a religion of peace and Christianity is a mental disorder.)
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To: yesthatjallen
I thought this footnote in Thomas' concurrence was interesting, especially the last sentence that I bolded below:
40 posted on 06/17/2019 11:42:36 AM PDT by zeugma (Power without accountability is fertilizer for tyranny.)
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