Granny Danger Posted October 12, 2020 Share Posted October 12, 2020 Can someone explain to me why the Supreme Court has such a vital say in issues such as healthcare and abortion. Surely if a law is passed legalising abortion it is the job of the courts to uphold that law. Is the argument that abortion somehow conflicts with the Constitution? 0 Quote Link to comment Share on other sites More sharing options...
NotThePars Posted October 12, 2020 Share Posted October 12, 2020 1 hour ago, welshbairn said: Trump's demand that late postal votes aren't counted could bit him in the arse.. Biden leads in polls of several fast-counting states Trump won in 2016, but the states that put Trump over the top last time face delays. perfect out for him tbf 0 Quote Link to comment Share on other sites More sharing options...
Wee-Bey Posted October 12, 2020 Share Posted October 12, 2020 Kevin Hague having a blue tick is the worst revelation on this thread recently. 3 Quote Link to comment Share on other sites More sharing options...
O'Kelly Isley III Posted October 12, 2020 Share Posted October 12, 2020 Can someone explain to me why the Supreme Court has such a vital say in issues such as healthcare and abortion. Surely if a law is passed legalising abortion it is the job of the courts to uphold that law. Is the argument that abortion somehow conflicts with the Constitution? My take is that the two Houses are so paralysed by partisan politics which results in gridlock, that issues that could be determined in other countries by political means invariably end up spiralling up the legal process. The problem then becomes that the Conservative members of the Supreme Court adhere to a constitution dating from a bygone age, a situation which will intensify with Barrett's nomination, given that she identifies as an 'originalist'. Heartening to see though that despite being a devout Catholic this will 'not affect her legal impartiality'. Aye, right. 0 Quote Link to comment Share on other sites More sharing options...
topcat(The most tip top) Posted October 12, 2020 Share Posted October 12, 2020 (edited) 1 hour ago, Granny Danger said: Can someone explain to me why the Supreme Court has such a vital say in issues such as healthcare and abortion. Surely if a law is passed legalising abortion it is the job of the courts to uphold that law. Is the argument that abortion somehow conflicts with the Constitution? It's often about whether authority on a certain issue lies with individual states or whether the federal government has the power to override them. The landmark case Roe vs Wade was a woman protesting that Texas' laws against abortion were unconstitutional and the supreme court agreed. In theory the court should be composed of top notch legal minds who will only consider the case in legal terms. In practice they come to the bench with their own values and priorities and appointments have got more and more skewed over time We've seen the UK Supreme court occasionally have to referee disputes between Holyrood and Westminster but not oftern as that arrangement is two decades old as opposed to two centuries so it's defining documents are far more modern and the "reserved powers" are fairly well delineated. Edited October 12, 2020 by topcat(The most tip top) 0 Quote Link to comment Share on other sites More sharing options...
topcat(The most tip top) Posted October 12, 2020 Share Posted October 12, 2020 1 hour ago, O'Kelly Isley III said: 1 hour ago, Granny Danger said: Can someone explain to me why the Supreme Court has such a vital say in issues such as healthcare and abortion. Surely if a law is passed legalising abortion it is the job of the courts to uphold that law. Is the argument that abortion somehow conflicts with the Constitution? My take is that the two Houses are so paralysed by partisan politics which results in gridlock, that issues that could be determined in other countries by political means invariably end up spiralling up the legal process. The problem then becomes that the Conservative members of the Supreme Court adhere to a constitution dating from a bygone age, a situation which will intensify with Barrett's nomination, given that she identifies as an 'originalist'. Heartening to see though that despite being a devout Catholic this will 'not affect her legal impartiality'. Aye, right. There are 6 Roman Catholics on the bench already so you might be a little late in worrying about this. The number of Jews drops from three to two which should please our corbynista chums. 0 Quote Link to comment Share on other sites More sharing options...
welshbairn Posted October 12, 2020 Share Posted October 12, 2020 I think the room for political bias can be overstated, they still have to go by precedent and the constitution so they have to justify an interpretation of the law and back it up. Recent judgements with a Conservative minded majority haven't always gone Trump's way. 0 Quote Link to comment Share on other sites More sharing options...
madwullie Posted October 12, 2020 Share Posted October 12, 2020 2 hours ago, Savage Henry said: I honestly thought - even by Trump’s standards - that those were doctored. But no. That’s what he’s saying and doing. The 25th Amendment might actually have to be invoked here. Find it bizarre that he is pointing out how shit things have got in various states and how he's presenting himself as the law and order candidate. Firstly, if these states really have gone to shit, they've gone to shit in his presidency. What good will voting him in again do. Secondly, I've never seen such contempt for the law or widespread disorder yet as the incumbent he is suggesting that only he can fix this. He fucking caused it! What is he going to do differently if you vote for him this time, that he has been unable to do over the last 4 years? Astonishing any undecided could fall for that. 2 Quote Link to comment Share on other sites More sharing options...
Granny Danger Posted October 12, 2020 Share Posted October 12, 2020 Saw Barrett described as an “originalist”, looked up its meaning and realised just how fucked up the thought process is. The USA must have the largest amount of very highly educated stupid people in the world. 2 Quote Link to comment Share on other sites More sharing options...
carpetmonster Posted October 12, 2020 Share Posted October 12, 2020 1 hour ago, Granny Danger said: Saw Barrett described as an “originalist”, looked up its meaning and realised just how fucked up the thought process is. The USA must have the largest amount of very highly educated stupid people in the world. If she was an originalist, then as a woman, she shouldn’t be a judge. 2 Quote Link to comment Share on other sites More sharing options...
welshbairn Posted October 13, 2020 Share Posted October 13, 2020 15 hours ago, carpetmonster said: If she was an originalist, then as a woman, she shouldn’t be a judge. She'd have trouble using the 2nd Amendment to justify some random being allowed walk down the street with an AR15. Quote In the context of United States law, originalism is a concept regarding the interpretation of the Constitution that asserts that all statements in the constitution must be interpreted based on the original understanding of the authors or the people at the time it was ratified. Quote A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. 0 Quote Link to comment Share on other sites More sharing options...
Savage Henry Posted October 13, 2020 Share Posted October 13, 2020 18 hours ago, madwullie said: Find it bizarre that he is pointing out how shit things have got in various states and how he's presenting himself as the law and order candidate. Firstly, if these states really have gone to shit, they've gone to shit in his presidency. What good will voting him in again do. Secondly, I've never seen such contempt for the law or widespread disorder yet as the incumbent he is suggesting that only he can fix this. He fucking caused it! What is he going to do differently if you vote for him this time, that he has been unable to do over the last 4 years? Astonishing any undecided could fall for that. It's the unbridled contempt he has for his own voters that strikes me from these kinds of tweets. He regards his supporters as idiots. I'm pretty sure that undecided voters at this point are just looking for an excuse to vote one way or the other, so that they can feel that they are voting along with what is popular. Or they are just looking to appear wise after the fact in any outcome. Reality is, if you don't vote for Biden (however unenthusiastically) in this election, and you deserve every bit of suffering you get. And you will suffer. Nobody - in the USA or overseas - will come out as beneficiaries of a second Trump term, other than, erm, the Swamp and the military. 0 Quote Link to comment Share on other sites More sharing options...
Savage Henry Posted October 13, 2020 Share Posted October 13, 2020 26 minutes ago, welshbairn said: She'd have trouble using the 2nd Amendment to justify some random being allowed walk down the street with an AR15. Originalist just means bigot. Only really Clarence Thomas comes close to it on the current court, and even then, as distasteful as he is, he's not a complete dinosaur. 0 Quote Link to comment Share on other sites More sharing options...
Granny Danger Posted October 13, 2020 Share Posted October 13, 2020 58 minutes ago, Savage Henry said: It's the unbridled contempt he has for his own voters that strikes me from these kinds of tweets. He regards his supporters as idiots. Looks like I finally agree with Trump on something then. 1 Quote Link to comment Share on other sites More sharing options...
doulikefish Posted October 13, 2020 Share Posted October 13, 2020 And he is off and running on twitteragain today 0 Quote Link to comment Share on other sites More sharing options...
Savage Henry Posted October 13, 2020 Share Posted October 13, 2020 18 hours ago, carpetmonster said: If she was an originalist, then as a woman, she shouldn’t be a judge. From watching bits of her hearing, she's an absolute loon ball. Right wing is putting it mildly. Or maybe "hypocrite" might suffice. Either way, she shouldn't be confirmed - but she will be. 0 Quote Link to comment Share on other sites More sharing options...
Detournement Posted October 13, 2020 Share Posted October 13, 2020 3 hours ago, Savage Henry said: Reality is, if you don't vote for Biden (however unenthusiastically) in this election, and you deserve every bit of suffering you get. And you will suffer. A Neocon speaks. Turnout will be below 60%. The people who don't vote will overwhelming be poor and disproportionately non white, with only a mediocre high school education and are likely to be victims of Biden's mass incarceration policy. If you think these people deserve their suffering it says a lot about you. 0 Quote Link to comment Share on other sites More sharing options...
carpetmonster Posted October 13, 2020 Share Posted October 13, 2020 49 minutes ago, Detournement said: A Neocon speaks. Turnout will be below 60%. Given the last time the turnout was over 60% was 60.7 in 1968 and turnouts haven’t been consistently over 60% since the turn of the 20th Century, this isn’t the sizzling hot take you think it is. 0 Quote Link to comment Share on other sites More sharing options...
Detournement Posted October 13, 2020 Share Posted October 13, 2020 8 minutes ago, carpetmonster said: Given the last time the turnout was over 60% was 60.7 in 1968 and turnouts haven’t been consistently over 60% since the turn of the 20th Century, this isn’t the sizzling hot take you think it is. I'm just pointing that the people who The Poster For A New American Century is so keen to see suffer are not a small irresponsible subsection but 80-100 million people who have been largely been fucked over by the Dems and the GOP. 0 Quote Link to comment Share on other sites More sharing options...
Dee Man Posted October 13, 2020 Share Posted October 13, 2020 I don't know what mad gear Trump has been on since he left the hospital but I think I would like some. "I feel so powerful, I could just walk out through that crowd and kiss all of you". The man is clearly off his tits. 0 Quote Link to comment Share on other sites More sharing options...
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