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| Lawyers, Guns and Money  |
I agree... that was the initial "right to privacy" basis but Roe v. Wade's companion case, Doe v. Bolton was also significant. I won't get into it because it's a thread drift, but here's an interesting interview with Clarke D. Forsythe, author of Abuse of Discretion: The Inside Story of Roe v. Wade http://www.catholicworldreport...y_and_the_truth.aspx "Some things are apparent. Where government moves in, community retreats, civil society disintegrates and our ability to control our own destiny atrophies. The result is: families under siege; war in the streets; unapologetic expropriation of property; the precipitous decline of the rule of law; the rapid rise of corruption; the loss of civility and the triumph of deceit. The result is a debased, debauched culture which finds moral depravity entertaining and virtue contemptible." -- Justice Janice Rogers Brown "The United States government is the largest criminal enterprise on earth." -rduckwor | |||
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| I believe in the principle of Due Process  |
My son just returned to DC this afternoon after a week of "dad sitting." He just texted that he saw Justice Gorsuch in Terminal A at DCA, probably heading back to start his move before oral arguments start next Monday. Luckily, I have enough willpower to control the driving ambition that rages within me. When you had the votes, we did things your way. Now, we have the votes and you will be doing things our way. This lesson in political reality from Lyndon B. Johnson "Some things are apparent. Where government moves in, community retreats, civil society disintegrates and our ability to control our own destiny atrophies. The result is: families under siege; war in the streets; unapologetic expropriation of property; the precipitous decline of the rule of law; the rapid rise of corruption; the loss of civility and the triumph of deceit. The result is a debased, debauched culture which finds moral depravity entertaining and virtue contemptible." - Justice Janice Rogers Brown | |||
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| Little ray of sunshine  |
The full faith and credit clause doesn't tell you that any given issue is outside (or inside) the purview of federal power. You have to decide whether or not a given law is subject to federal power, and the full faith clause doesn't help you do that. You have to look at the Constitution to decide whether the feds have control over a given thing. What the full faith clause does do is, assuming that the feds can't (or even don't) regulate a certain thing, tell the other states that they have to respect other states' laws on that subject. For example, we mostly agree that the feds can't regulate who gets a driver's license. Then, the full faith clause tells Ohio that it has to respect the fact that Michigan gave a driver's license to Joe Smith. The full faith and credit clause is not an offensive tool that would, in our example, tell the feds that they cannot regulate drivers' licenses. The full faith and credit clause does not define where the feds have power and where they do not. If it did, any state could trump a right by passing some law. Say Massachusetts wanted to ban all guns. If they did so, they couldn't say; "Neener, neener - the full faith and credit clause negates the 2d Amendment, you can't require us to allow guns." So, you first have to decide whether a thing is within the federal government's limited powers. Full faith and credit doesn't help you do that. The fish is mute, expressionless. The fish doesn't think because the fish knows everything. | |||
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| Doing my best to shape America's youth  |
Ah jeez JHE, don't give that bat-sh!t crazy loon on Beacon Hill any ideas, please! Congratulations Justice Gorsuch, Congratulations President Trump, Congratulations United States of America Citizens, and Congratulations to the Constitution of the United States of America. It seems we have a Justice that understands what he is doing. Clarior Hinc Honos BSA Dad, Cheer Dad | |||
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Armed and Gregarious |
Backpedal all you want. You can own what you wrote, where you clearly stated you expected Senators to be in lockstep with the GOP, and if they aren't then you believe "their goal is to perpetuate the collapse of this county." I'm sure you'll complain some more, and backpedal some more, but your statements were clear.  ___________________________________________ "He was never hindered by any dogma, except the Constitution." - Ty Ross speaking of his grandfather General Barry Goldwater "War is the remedy that our enemies have chosen, and I say let us give them all they want." - William Tecumseh Sherman | |||
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| Lawyers, Guns and Money |
Supreme Court Retirement Talk Focuses on Pivotal Justice Kennedy by Greg Stohr
 U.S. Supreme Court Associate Justice Anthony Kennedy administers the judicial oath to Judge Neil Gorsuch as President Donald Trump looks on during a ceremony in the Rose Garden at the White House on April 10, 2017, in Washington, DC. Justice Anthony Kennedy reclaimed his position as the man in the middle of the U.S. Supreme Court when he swore in Neil Gorsuch, his former law clerk, as the newest justice. The question is whether Kennedy wants to keep that pivotal role in close decisions for longer than a few more months. Long before Gorsuch took his oath of office Monday, speculation was swirling that Kennedy might retire at the end of the term. President Donald Trump’s aides are preparing for the prospect of a new nomination while liberals brace for what could be a seismic shift on the court. Kennedy, 80, has been the court’s primary pivot point since 2006, generally aligning with the four conservatives on campaign finance and voting rights and with the four liberals on gay rights. By selecting Kennedy’s successor, Trump could finally create the five-member majority that legal conservatives have envisioned for decades -- one that might overturn long-standing precedents including the 1973 Roe v. Wade abortion-rights ruling. "Kennedy leaving and being replaced by a Trump pick will almost certainly move the court to the right and perhaps make the court the most conservative court we have had since the 1930s," said Neal Devins, a William & Mary Law School professor who is co-writing a book on the court and its partisan divisions. Kennedy has given no public indication of his plans, but he has drawn attention with a handful of semiprivate scheduling decisions. Perhaps most significantly, his next law clerk reunion will take place during the last weekend of June, offering the possibility that he will spring a piece of news on the gathering. The timing is noteworthy because previous Kennedy reunions took place every five years, and this one comes four years after the 2013 event. In addition, it’s taking place at the end of June, just as the term concludes, rather than in mid-June like previous reunions. Supreme Court spokeswoman Kathy Arberg said in an email the late-June weekend was chosen "because it works best with the Justice’s schedule." In November, she told the blog abovethelaw.com that Kennedy’s law clerks wanted to hold the reunion at the end of this term to mark his 80th birthday, which was last July. Kennedy also moved more slowly than he had in previous years to hire his law clerks. He has now hired a full slate of four clerks for the term that starts in October, Arberg said. Sense of Timing Justices typically align their retirement plans with the end of the term in late June, though the timing of the announcement itself varies. The two justices who retired during Barack Obama’s presidency, David Souter and John Paul Stevens, announced their plans a couple of months before the end of the term. Justice Sandra Day O’Connor waited until the last opinions were released in 2005. One former Kennedy clerk said in an interview he thinks the justice will probably retire at the end of the term. Others say he may stay another year given the extraordinary power he wields. The former clerks declined to speak for attribution. Kennedy is a 1988 Ronald Reagan appointee who got the nod after the president’s first two choices, Robert Bork and Douglas Ginsburg, failed to win confirmation. Bork lost a Senate vote and Ginsburg withdrew after the revelation that he had smoked marijuana while a professor at Harvard Law School. Reaffirming Abortion Right Kennedy disappointed many of his backers in 1992, when he co-wrote an opinion reaffirming the constitutional right to abortion. He is a champion of gay rights who wrote the 2015 ruling that legalized same-sex marriage nationwide. At the same time, he voted to overturn Obama’s health-care law and wrote the 2010 Citizens United ruling, which opened the way for new campaign spending. Republicans hold a 52-48 advantage in the Senate, so they could confirm the next Trump nominee without any Democratic support. Even so, Kennedy’s position in the court’s center means the confirmation fight could be even fiercer than the battle over Gorsuch. "The campaign against a judicially conservative nominee to replace Justice Kennedy would be ferocious," said Rick Garnett, a constitutional law professor at the University of Notre Dame’s law school. "Senators who are up for re-election in 2018 will almost certainly be unable to avoid well-funded and tireless efforts to elevate the political salience of their votes on the nominee." Kennedy is one of three justices age 78 or older, along with Justices Ruth Bader Ginsburg and Stephen Breyer, two Democratic appointees seen as less likely to retire during Trump’s administration. Gorsuch’s arrival marks the first time a former law clerk has served as a justice alongside his former Supreme Court boss. Another former Kennedy clerk, federal appeals judge Brett Kavanaugh, was in the White House Rose Garden as Gorsuch took the oath. The New York Times and Politico have mentioned Kavanaugh as a candidate to succeed Kennedy, although the judge wasn’t on the list of 21 prospective justices Trump released during the campaign. At the White House, Trump called Kennedy "a great man of outstanding achievement" while glossing over the criticism his opinions have drawn from both sides of the political divide. "Throughout his nearly 30 years on the Supreme Court, Justice Kennedy has been praised by all for his dedicated and dignified service," Trump said. "We owe him an enormous debt of gratitude, and I am honored that he is with us today." https://www.bloomberg.com/poli...otal-justice-kennedy "Some things are apparent. Where government moves in, community retreats, civil society disintegrates and our ability to control our own destiny atrophies. The result is: families under siege; war in the streets; unapologetic expropriation of property; the precipitous decline of the rule of law; the rapid rise of corruption; the loss of civility and the triumph of deceit. The result is a debased, debauched culture which finds moral depravity entertaining and virtue contemptible." -- Justice Janice Rogers Brown "The United States government is the largest criminal enterprise on earth." -rduckwor | |||
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| Big Stack |
Yes but Griswold has the glaring lack of legal logic that could lead to it being overturned. If it was it, would unwind a huge chunk of existing jurisprudence.
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| Member |
I do not want to hijack this thread, but jhe88,I have a question about the full faith and credit clause. If states have to respect other states drivers licenses, why don't they have to respect other states concealed weapons permits? I have never understood this. | |||
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| wishing we were congress |
http://www.baltimoresun.com/ne...-20170424-story.html From 24 Apr 2017: The Senate voted 92-6 to cut off debate on Rosenstein's nomination to be the No. 2 official at the Department of Justice and move to a final vote, which is expected on Wednesday. Rosenstein's otherwise uncontroversial appointment has drawn additional scrutiny after Attorney General Jeff Sessions said he would recuse himself from investigations into the Trump campaign's interaction with Russia. Rosenstein will now have to decide whether to appoint an independent prosecutor in the case. He also will help the department hire dozens of U.S. attorneys across the country after President Donald Trump asked for their resignation in early March. | |||
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| I believe in the principle of Due Process |
That must mean something. I know they got the Gorsuch confirmation in just before the Easter recess, and good on 'em. This Deputy AG is a huge big deal. There are some actions that cannot be taken unless a confirmed sworn in office holder is responsible. That means a holdover has been in charge of the election scandal investigations that Sessions recused himself from. There has been time for butt covering, I suspect, trails gotten cold, etc. Rosenstein should have been a priority and done before now. 51% is all it takes. Luckily, I have enough willpower to control the driving ambition that rages within me. When you had the votes, we did things your way. Now, we have the votes and you will be doing things our way. This lesson in political reality from Lyndon B. Johnson "Some things are apparent. Where government moves in, community retreats, civil society disintegrates and our ability to control our own destiny atrophies. The result is: families under siege; war in the streets; unapologetic expropriation of property; the precipitous decline of the rule of law; the rapid rise of corruption; the loss of civility and the triumph of deceit. The result is a debased, debauched culture which finds moral depravity entertaining and virtue contemptible." - Justice Janice Rogers Brown | |||
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| wishing we were congress |
well, "Wednesday" came early http://thehill.com/homenews/se...uty-attorney-general The Senate voted 94-6 Tuesday to confirm Rod Rosenstein as deputy attorney general. | |||
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| wishing we were congress |
https://www.nytimes.com/2017/0...s.html?smid=tw-share In an early sign of Justice Neil M. Gorsuch’s independence and work ethic, he has decided not to join a labor pool at the Supreme Court in which justices share their law clerks in an effort to streamline decisions about which cases to hear. Justice Gorsuch joined the court last month. His decision not to participate in the pool was confirmed by Kathleen L. Arberg, the court’s public information officer. The only other member of the court who is not part of the arrangement is Justice Samuel A. Alito Jr. Justices in the pool receive a common “pool memo” on each petition seeking Supreme Court review — more formally, “petition for certiorari” — from a single law clerk. The memo analyzes the petition and makes a recommendation about whether it should be granted. Justices who do not participate, by contrast, have their law clerks review all of the roughly 7,000 petitions filed each year, looking for the 75 or so worthy of the court’s attention. The pool has been criticized for giving too much power to law clerks and for contributing to the court’s shrinking docket. Some scholars have traced the decline of the Supreme Court docket to the pool. In the early 1980s, the Supreme Court decided more than 150 cases a year. These days, it decides about half that many. The justices each hire four law clerks, who are recent law school graduates with uniformly stellar credentials. But they are also young and inexperienced, Kenneth W. Starr wrote in 2006 in the Minnesota Law Review. “The prevailing spirit among the 25-year-old legal savants, whose life experience is necessarily limited in scope, is to seek out and destroy undeserving petitions,” wrote Mr. Starr, a former appeals court judge, solicitor general and independent counsel in the Whitewater investigation. A petition accepted that must later be dismissed as “improvidently granted” is a significant embarrassment to the clerk in question. On the other hand, it is hard to get into trouble by recommending a denial. Having several clerks review each petition — the pool clerk and ones from the chambers of Justices Alito and Gorsuch — would presumably mean that fewer worthy ones fall through the cracks. | |||
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| Member |
That was a good read. Thanks! | |||
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