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Joined: Wed December 12, 2012 10:33 pm Posts: 6932
Bi_3 wrote:
You aren’t worried that would lead to silencing dissent?
I'm quite worried about that if it's reconsidered improperly. I just don't like that, and have never understood why, public figures should have a higher bar to cross.
May this lead further toward a fall of civil asset forfeiture.
There's got to be more to this than what I've read. If states are filing civil actions against "One cadillac sedan", won't they try to claim that its not actually a fine? There's no individual being fined in the case of a vehicle getting impounded.
There must be more involved a ton of state level cases to make this change things for the better, right?
Separately:
How much more incorporation do we get before the death of the Slaughter-House cases?
Its crazy to hope for nationwide shall issue, but here I am.
Joined: Wed December 12, 2012 10:33 pm Posts: 6932
I think French fundamentally misunderstands what it means for the Court to lose legitimacy. It has nothing to do about what one thinks is the proper interpretation of the Constitution, and everything to do with not having the political support from the other branches of government to follow through with that interpretation. If this Court veers too far to the right of where the nation's elected officials are, the majority risks losing its power to those branches, as what almost happened when FDR threatened to pack the Court in the 1930. And in the interest of fairness, it could have very well happened to the Warren Court as well had history bounced in a slightly different manner.
Joined: Wed December 12, 2012 10:33 pm Posts: 6932
B wrote:
Green Habit wrote:
Is Trump going to catch onto this and do it before he leaves office?
He can't do it now, GOP doesn't have the House anymore. Part of me does wonder why the Republicans didn't try this when they did have the power, though, since they've whined about even having Kennedy & O'Connor as the median seats for a long time.
Joined: Wed December 12, 2012 10:33 pm Posts: 6932
SCOTUS summarily reverses the invalidation of Indiana's fetal remains law, and Thomas writes a fiery concurrence that plays the "abortion is comparable to eugenics" card.
_________________ "I want to see the whole picture--as nearly as I can. I don't want to put on the blinders of 'good and bad,' and limit my vision."-- In Dubious Battle
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