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Old 12-06-2017, 07:42 AM
 
Location: Middle of nowhere
24,260 posts, read 14,200,998 times
Reputation: 9895

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Quote:
Originally Posted by InformedConsent View Post
So, the Court has previously handed down different rulings, but now has another Constitutionalist. Hmmm...
Gorsuch is replacing Scalia, the guy who wrote one of those opinions and cited the others.

Was Scalia not a Constitutionalist?

Right now the court is 4 - 4 Kennedy will again be the swing vote.

As for elections, Mitch should have allowed the sitting president to have his nominee heard as is proscribed by the Constitution.
Article II, Section 2: “[The President] shall nominate, and by and with the Advice and Consent of the Senate, shall appoint…Judges of the Supreme Court.” So much for Constitutionalism.
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Old 12-06-2017, 07:46 AM
 
Location: the very edge of the continent
88,983 posts, read 44,793,389 times
Reputation: 13687
Quote:
Originally Posted by jjrose View Post
Gorsuch is replacing Scalia, the guy who wrote one of those opinions and cited the others.

Was Scalia not a Constitutionalist?
Not when he elevated state/local law over Constitutional Rights. That's unConstitutional, according to the Supremacy Clause.
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Old 12-06-2017, 07:50 AM
 
Location: the very edge of the continent
88,983 posts, read 44,793,389 times
Reputation: 13687
Quote:
Originally Posted by jjrose View Post
G
As for elections, Mitch should have allowed the sitting president to have his nominee heard as is proscribed by the Constitution.
Article II, Section 2: “[The President] shall nominate, and by and with the Advice and Consent of the Senate, shall appoint…Judges of the Supreme Court.” So much for Constitutionalism.
I don't see a time limit on the Senate's consent. The Senate acted Constitutionally.
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Old 12-06-2017, 07:53 AM
 
Location: annandale, va & slidell, la
9,267 posts, read 5,117,199 times
Reputation: 8471
Quote:
Originally Posted by jjrose View Post
Religion is a protected class and yet it is not an immutable trait. If you believe sexual orientation is a behavior, then I don't know what to tell you because you can be gay or straight and not be sexually active.
Funny. Some are predisposed to shoplifting but can work to overcome the perverse behavior.
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Old 12-06-2017, 08:00 AM
 
Location: Living rent free in your head
42,840 posts, read 26,253,950 times
Reputation: 34050
Quote:
Originally Posted by Scooby Snacks View Post
Here's how it works: It's OK to discriminate as long as you aren't a member of the group being discriminated against. Trump, his employees, and the SC majority accept white Christian males as having rights and accepts some rights for women, since they produce more man babies who in turn, deserve full rights. Beyond that, all bets are off.
^ yep, that's how it seems to work
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Old 12-06-2017, 08:01 AM
 
Location: Living rent free in your head
42,840 posts, read 26,253,950 times
Reputation: 34050
Quote:
Originally Posted by finalmove View Post
Funny. Some are predisposed to shoplifting but can work to overcome the perverse behavior.
so being gay is a perverse behavior?
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Old 12-06-2017, 08:04 AM
 
Location: Austin
15,630 posts, read 10,383,806 times
Reputation: 19520
this case seems to be about whether the government can compel someone to create speech they disagree with, not discriminate against people. Anti-discrimination laws protect people not events. the baker's lawyer said the baker did not refuse to create a cake for a gay customer, only a custom cake for a same-sex wedding.

should a jewish baker be able to refuse to create a custom cake for a Neo-Nazi rally?

should a gay singer be able to refuse to perform a concert at the westboro Baptist church?
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Old 12-06-2017, 08:07 AM
 
9,254 posts, read 3,584,142 times
Reputation: 4852
Quote:
Originally Posted by texan2yankee View Post
this case seems to be about whether the government can compel someone to create speech they disagree with, not discriminate against people. Anti-discrimination laws protect people not events. the baker's lawyer said the baker did not refuse to create a cake for a gay customer, but for a same-sex wedding.

should a jewish baker be able to refuse to create a cake for a Neo-Nazi rally?

should a singer be able to refuse to perform a concert at the westboro Baptist church?
I must have missed the part where Neo-Nazis were a protected class under any State or Federal statute.

There are a lot of self-appointed Constitutional scholars with extremely strong opinions posting on this board that have neither any formal legal training nor any real understanding of the interplay between Constitutional, Federal and State Law. But carry on in your echo chamber.
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Old 12-06-2017, 08:09 AM
 
2,274 posts, read 1,338,137 times
Reputation: 3985
Quote:
Originally Posted by InformedConsent View Post
Not when he elevated state/local law over Constitutional Rights. That's unConstitutional, according to the Supremacy Clause.
LMAO, so you know more about Constitutional law than Scalia. Your posts are absolutely ridiculous, like something you would get from a jailhouse lawyer.
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Old 12-06-2017, 08:13 AM
 
Location: Middle of nowhere
24,260 posts, read 14,200,998 times
Reputation: 9895
Quote:
Originally Posted by InformedConsent View Post
I don't see a time limit on the Senate's consent. The Senate acted Constitutionally.
I'm sure you would feel the same if it happened to Trump. Right?
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