SCOTUS Thread

Discussion in 'The Mainboard' started by harvey birdman, Dec 8, 2015.

  1. timo

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    they won't. this isn't going anywhere.
     
  2. Illinihockey

    Illinihockey Well-Known Member
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    it would pass, it just won’t get past the filibuster
     
  3. Redav

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    Which kills its passage
     
  4. Redav

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    Manchin is pro life so you wouldn't even have 50 votes
     
  5. Tommy Jefferson

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    Touché Marco, I guess this is an affront to all people, not just women.
     
  6. Lawnole23

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    Fuuuuuuuu he's got us there. Guess abortion just has to be illegal for eternity.
     
  7. Illinihockey

    Illinihockey Well-Known Member
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    i think you’d get more than 50. I think you’d see some republicans like Susan Collins go for it
     
  8. Redav

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    Hahahaha
     
  9. VaxRule

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    You might get Collins and Murkowski to vote for it, but they won’t agree to kill the filibuster so it’s moot.
     
  10. Bo Pelinis

    Bo Pelinis I've seen shit that'll turn you white!
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    It’s a shame there was never a time when this could have been done in the past with major, even super majorities of people who would vote for it. It would have been much easier if that ever was the case
     
  11. VaxRule

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    This court was not going to let something stupid like a popular law passed by Congress stop them from outlawing abortion.
     
  12. UCFkc123

    UCFkc123 Best Supporting Poster
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    Yeah, I’m confused on this take. Wouldn’t the Supreme Court just rule the new “codified” abortion laws unconstitutional given this very option they just wrote?
     
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  13. Illinihockey

    Illinihockey Well-Known Member
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    agreed but I think it’s worth at least making all of these senators get on record against what at least polls as a very unpopular stance
     
  14. ned's head

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    They absolutely would not, but at least forcing them to reject it publicly (should) kill the media's love for regurgitating their bullshit without any real pushback. Although that might not even do it.
     
  15. Illinihockey

    Illinihockey Well-Known Member
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    they are saying there’s not a constitutional right to abortion, it doesn’t mean the government couldn’t pass a law giving that right. Of course they’d probably do some states rights mental gymnastics to overturn a federal abortion ban but make them do that. At the very least it’d buy time
     
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  16. bwi2

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    not necessarily - saying there isn’t a constitutional right to abortion doesn’t mean that the federal government can’t pass legislation about it

    to strike down a federal abortion ban, the Supreme Court would need to rule that the ban is not a proper exercise of legislative authority under Article I, and in particular, that banning abortion isn’t a necessary and proper exercise of Congress’s authority to regulate interstate commerce. Given how the Obamacare arguments went, I don’t think it’s hard to see where these five judges would end up on that.
     
  17. Where Eagles Dare

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    and it will fail
     
  18. Illinihockey

    Illinihockey Well-Known Member
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    states are going to pass laws criminalizing going over state lines to get an abortion and the court would be like nope, not interstate commerce involved. Of course a federal ban they’d find the opposite
     
  19. Lawnole23

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    Don't you need 2/3 of both the senate and house to bring an amendment up and then something even higher through each state to approve it?

    Will never happen.
     
  20. Keef

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    They can safely vote for it knowing it will fail.
     
  21. ned's head

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    Imo the only real benefit of the vote is to force the people who've been silent on or lied about the issue to go public. This is one of the few issues that can flip votes

     
  22. duc15

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    You also assume that means every democrat votes this way and there aren’t a handful of of them that are anti-choice
     
  23. Illinihockey

    Illinihockey Well-Known Member
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    not an amendment, just a federal law
     
  24. ned's head

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    I think they would for optics since it wouldn't pass, but good if they don't. Fuck them and let them go down with that ship. The reality is that only so many of those fake vote golden tickets exist.
     
  25. nexus

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    it’d be quite something to spend a day in whatever fantasy world you live in
     
  26. Bo Pelinis

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    This court is going to fuck us so bad. Going to do decades of damage
     
  27. nexus

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    now now, don’t be so hasty

    Murkowski could always ride in and save the day
     
  28. Illinihockey

    Illinihockey Well-Known Member
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    Once they over turn a right to privacy, a bunch of democrats in heavy red states should start introducing pornography bans in their states. See how the GOP reacts
     
  29. VaxRule

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    The media will allow them to get away with saying they’re against nuking the filibuster instead of saying they’re against abortion rights - just like they did with voting rights.
     
  30. VaxRule

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    The majority of this court only cares about the law in so far as it can be used to enforce their will on others.
     
  31. iboilhotdogs

    iboilhotdogs hi, i am user devine
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    Well with that kind of attitude
     
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  32. Where Eagles Dare

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    tbqh they'd probably love it. You think these religious extremists would be against it?
     
  33. pez

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    but a federal ban on abortion would undoubtedly be for the general welfare therefore constitutional
     
  34. Fuzzy Zoeller

    Fuzzy Zoeller College football > NFL

    This is a mistake to paint this as a MAGA issue. This issue pre-dates MAGA by a lot. If anything, the Nick Fuentes, Jack Posobiec branch of the Right is far more ambivalent than the true believers and church goers. Anti-abortion has been a core GOP belief for as long as any of us have been alive.
     
  35. Illinihockey

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    porn usage is highest in heavily red states, so no, I don’t think they’d like it
     
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  36. bwi2

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    That’s linked to the authority to tax. Certainly they could get Roberts with some sort of clever scheme centered around the tax authority but I think that would be practically more difficult than a healthcare mandate and we know what non-Roberts federalists believe about that argument.
     
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  37. Name P. Redacted

    Name P. Redacted I have no money and I'm also gay
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    Your name is lawnole shouldn’t you know?
     
  38. poor paul

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  39. VaxRule

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    Roberts is just a pro-business absolutist. Anyone wanting his vote has to make the business case for their argument.
     
  40. Name P. Redacted

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    Political activism by shopping
     
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  41. Lawnole23

    Lawnole23 FSU Seminoles 2020 National Champions
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    You may be surprised by this but all lawyers don’t put to long term knowledge all areas of law especially those that aren’t relevant to what they practice. I thought our discussion was of a constitutional amendment being proposed.
     
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  42. Name P. Redacted

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    <knowledge taught in high school civics and easily searchable>

    WELL HOW WAS I SUPPOSED TO KNOW IM JUST A REGULAR LAWYER
     
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  43. Name P. Redacted

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    Is this why judges have clerks?
     
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  44. Lawnole23

    Lawnole23 FSU Seminoles 2020 National Champions
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    You can’t see me but I’m rolling my eyes right now.
     
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  45. Where Eagles Dare

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    You're confused to think extremists GOP senators do what their constituents want
     
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  46. ned's head

    ned's head Well-Known Member
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    Tbf most dems don't, either
     
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  47. ~ taylor ~

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  48. Lawnole23

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    I will like any Simpson clips.
     
  49. pez

    pez Competent
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    fair enough. But they would undoubtedly find a ban constitutional whereas a codification of roe would not be
     
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  50. ~ taylor ~

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