Posted on 06/26/2015 10:33:49 AM PDT by xzins
From Scalia's dissent on court conducting a putsch to overthrow the country:
"22 If, even as the price to be paid for a fifth vote, I ever joined an opinion for the Court that began:
“The Constitution promises liberty to all within its reach, a liberty that includes certain specific rights that allow persons, within a lawful realm, to define and express their identity,”
I would hide my head in a bag. The Supreme Court of the United States has descended from the disciplined legal reasoning of John Marshall and Joseph Story to the mystical aphorisms of the fortune cookie.
Here's how it works:
A Liberal justice approaches Justice Kennedy and says, "Say, my friend, keep this under your robe, I know you are going to vote against this, but if you give this same sex marriage case your approval, I promise that when you approach me in the future on a case that is equally important to you, I will side with you, even if I would vote to opposite way, cross my heart and hope to die. Really and truly, I will!"
So, sometime in the future, when Justice Kennedy desperately needs a NO vote on a case involving a snail darter eco case, he approaches the justice who made the promise and says: "Say, my good friend, you recall that you promised me a 5th vote on a case that was important to me if I would vote your way on that same sex marriage case back in 2015. . . well today's the day and I'm calling in that favor. I need you to vote NO on this snail darter case. Remember you promised and even crossed your heart and hoped to die."
The other justice says "WHAT? I don't know what you are talking about! How dare you suggest I would sell my vote on such an important case! HOW DARE YOU INSULT MY INTEGRITY!"
Or, alternately, Justice Kennedy did get someone in the past to vote with his side in exchange for a vote for something they'd want in the future. . . and this is his turn to payback that vote with a swing 5th vote.
Yes, if I was Justice Kennedy, I would definitely get my vote up front. Marxist have a lot of trouble remembering things they promise.
I cannot think of a single promise ever kept by a Marxist. . . can you?
Why would a liberal justice need to approach Kennedy about his vote? Kennedy wrote the decision in last term's Windsor case. His view on same-sex marriage is quite well known as a result. Those who are surprised he sided with the majority today have simply not been paying attention.
I’ve been saying this for a while.
THEY ALL HAVE BEEN BOUGHT!
or
They have the goods one everyone or make lies up about so and so to get their way.
“They” = DNC,Obamao,NSA- u name it.
The only ones who haven’t been put under the thumb of somebody are the people that are pulling the strings.
I seem to remember one of the “Rat Rep’s” bellowing out that Obama has a database on everyone.
Anyone think she was lying?
I don’t think it’s so much being paid (though anything is possible with these cretins) as their being blackmailed. Not sure what they’ve done that would be blackmail worthy, but who thought Hastert was a pervert a couple of months ago?
I actually don't think that's the case here. . . my scenario was more of a hypothetical example of how such vote horse trading would go down between a Liberal and a Conservative (if Kennedy were a Conservative). The Conservative would keep his word, the Liberal, meh, what promise?
This decision was a foregone conclusion as far as I was concern. I was not at all surprised. I would have been surprised if it had gone the other way!
Bingo.
And a 'windchime'.
Actually Roe v Wade does not enjoy the kind of broad support that normally accrues to a Supreme Court Decision after 40 years. About half the country considers it illegitimate.
I read it as him saying that if there ever was an opinion on a case that he agreed with and the opinion began with a sentence like “The Constitution promises liberty to all ...express their identity,”, even if his was the fifth vote needed to affirm the opinion, he would be so embarrassed by his vote that he would hide his head in a bag.
The price to be paid is the embarrassment that comes from joining an opinion with that particular sentence.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.