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Thread: SCOTUS blog: DOMA Unconstitutional

  1. #221
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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by Redress View Post
    The bolded(again...why I do this mostly just with your posts I do not know...), I do not think the ruling says that. As I understand it, the ruling says that in this case the federal government does not have the authority to nullify the states definition because it does not serve a legitimate purpose.
    Okay, but it must also recognize then that the state has primary interest in the area of legislation, not the federal government - that seems logical to me, but then not all court decisions are so logical - as a result, wouldn't it then stand to reason that if a state has primary interest, the interests of one state would not be able to nullify or abrogate another state's interests?
    "Liberals claim to want to give a hearing to other views, but then are shocked and offended to discover that there are other views." William F. Buckley Jr.

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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by Tucker Case View Post
    I want them to support state's rights on most everything.
    Yeah.

    Giving up the "crucible of ideas" was a terrible idea.
    Anyone wondering what I'm talking about start here:
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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by CanadaJohn View Post
    Can you name one of any of Roberts, Scalia, Alito, Thomas who are set to resign in the next two years? It would require one of them to retire soon in order for Obama to be able to swing the court to the left and he'll need about a year to get any truly liberal justice through the Senate, particular after the Senate perhaps changes majority in 2014. It is far more likely that Justice Ginsburg or Justice Breyer will either retire or pass away than it is for any of the conservative four to do so - and Kennedy is likely to stay on, past Obama's term, because he likes being the swing vote and he's more conservative than liberal in the majority of his opinions.
    No. But you need 5 votes. Ginsburg will be replaced with a moderate to liberal, same with Breyer and at least one is likely to go within the next 2 years. Where are you going to get your 5th vote to secure discrimination?
    <font size=5><b>Its been several weeks since the Vegas shooting.  Its it still "Too Early" or can we start having the conversation about finally doing something about these mass shootings???​</b></font>

  4. #224
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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by rocket88 View Post
    Roberts has been fairly middle of the road. Bush said he wasn't an activist judge, and it certainly looks like he isn't.

    I kinda like Roberts. Smart guy, rules on the law and the merits rather than a partisan agenda.
    Seems that way, doesn't it - until you watched him twist himself into a jumbo pretzel in order to make a highly political decision in ruling Obamacare constitutional.
    "Liberals claim to want to give a hearing to other views, but then are shocked and offended to discover that there are other views." William F. Buckley Jr.

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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by Gipper View Post
    This was a giant trampling of states' rights.
    How does nullifying a federal law banning gay marriage trample on state's rights?

    From what i can tell from both rulings, State's will not be compelled to give out marriage licenses to SS couples. Even if the full faith and credit clause forces state's to recognize SSM's from other states, they'll still have the ability to not issue marriage certificates to SS couples.
    Tucker Case - Tard magnet.

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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by disneydude View Post
    No. But you need 5 votes. Ginsburg will be replaced with a moderate to liberal, same with Breyer and at least one is likely to go within the next 2 years. Where are you going to get your 5th vote to secure discrimination?
    Kennedy
    "Liberals claim to want to give a hearing to other views, but then are shocked and offended to discover that there are other views." William F. Buckley Jr.

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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by What if...? View Post
    I asked, and he told me YES!
    So you're engaged now? Congratulations

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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by zgoldsmith23 View Post
    This is quite clearly the single biggest epitomization of a slippery slope fallacy I think has ever graced DP.
    Legalize polygamy: Marriage equality for all. - Slate Magazine

    Yes, really. While the Supreme Court and the rest of us are all focused on the human right of marriage equality, letís not forget that the fight doesnít end with same-sex marriage. We need to legalize polygamy, too. Legalized polygamy in the United States is the constitutional, feminist, and sex-positive choice. More importantly, it would actually help protect, empower, and strengthen women, children, and families.

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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by CanadaJohn View Post
    Kennedy
    Did you read the decision? Good luck...LOL....Kennedy made it clear that there is no legitimate state interest in restricting marriages to "straights only". What makes you believe that Kennedy is going to do a 180 degree shift? You might want to read the decision and also take a look at Kennedy's other related rulings. Kennedy is securing his legacy.
    <font size=5><b>Its been several weeks since the Vegas shooting.  Its it still "Too Early" or can we start having the conversation about finally doing something about these mass shootings???​</b></font>

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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by disneydude View Post
    But you are failing to recognize the clear indication that invites challenges to "straight only" discrimination. True, state limitations live another day, but you would have to be completely oblivious to not see the writing on the wall.
    I do see it. And I don't actually know how it would turn out, but there are indications that the Court does not favor ruling against state rights with just a 5-4 majority, even when it is a clear violation of EPC. It sucks, but there are a lot of ways that they could continue to avoid that sweeping ruling. I don't want it to be that way, but it is a definite possibility. It is diminished by getting that 6th Justice or more to support striking down those laws to give more confidence in doing it to any who may feel uncomfortable about it, not just Kennedy.

    It would take time anyway for another case to reach the SCOTUS, particularly one without any standing issues and that isn't likely to have a narrow ruling. No one really knows how the other states may each try to argue these cases, and their arguments could determine how narrow or wide a ruling is made.
    "A woman is like a teabag, you never know how strong she is until she gets in hot water." - Eleanor Roosevelt

    Keep your religion out of other people's marriages.

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