ThnX GOP-Post-Scalia Court Has Liberals Winning, Conservatives Venting

[Bill]

ThnX GOP-Post-Scalia Court Has Liberals Winning, Conservatives Venting

A U.S. Supreme Court in transition offered glimpses of what a liberal majority might mean as the justices closed their term by strengthening abortion rights and bolstering college affirmative action.

Transformed by Justice Antonin Scalia’s unexpected Feb. 13 death, the nine-month session doused conservative hopes for major victories on labor unions, voting districts and class-action lawsuits.

The term left some of Scalia’s fellow Republican appointees unmistakably frustrated as they felt their grip on the court’s direction slipping away. Justice Samuel Alito warned Tuesday of an "ominous sign" when the court rejected an appeal from a Washington state pharmacy whose owners object on religious grounds to regulations requiring them to dispense emergency contraceptives.

"If this is a sign of how religious liberty claims will be treated in the years ahead, those who value religious freedom have great cause for concern," Alito wrote. Chief Justice John Roberts and Justice Clarence Thomas joined the opinion.

Scalia’s death, coupled with the prospect of more vacancies in the next four years, means the next president may have a historic chance to reshape the court. With Senate Republicans refusing to consider President Barack Obama’s nomination of Judge Merrick Garland, the vacancy is almost certain to persist through the November election. In addition, Justices Ruth Bader Ginsburg, Anthony Kennedy and Stephen Breyer all will be 78 or older on Election Day.
Clinton and Trump

Presumptive Democratic nominee Hillary Clinton has indicated she would appoint justices to join the court’s liberal wing in supporting abortion rights, campaign-finance regulations and gun restrictions. Republican Donald Trump has offered a list of 11 possible nominees, all conservatives likely to generally follow in Scalia’s footsteps.

Scalia’s death at age 79 shaped the term in large ways and small. Argument sessions became more placid affairs in the absence of his combative questioning and frequent wisecracks. Colleagues from across the court’s ideological spectrum spoke publicly about the void they felt.

One thing that didn’t change was Kennedy’s status as the court’s most frequent pivot point. The 79-year-old cast the deciding vote to strike down Texas regulations that would have closed three-quarters of the state’s abortion clinics by putting new requirements on facilities and doctors.

Kennedy joined a Breyer opinion that said the state failed to show the rules were necessary to protect women’s health.

Kennedy’s Court

The ruling was something of a shift for Kennedy, who in 2007 wrote the court’s opinion upholding a federal ban on a procedure opponents called "partial-birth" abortion. In that case, he wrote that lawmakers have "wide discretion to pass legislation in areas where there is medical and scientific uncertainty."

Kennedy wrote for the court in upholding the University of Texas’ affirmative action policy. It was the first time in Kennedy’s 28 years on the court that he voted to uphold a racial preference.

"It is still Justice Kennedy’s court, for the moment at least,” said Steven R. Shapiro, national legal director of the American Civil Liberties Union.

The clarity of the abortion and affirmative action decisions stood out in a term permeated by efforts to forge narrow, consensus rulings so as to avoid 4-4 splits.

Compromises in other cases seemed to avert deadlocks. The justices punted in a case involving religious groups’ objections to providing insurance coverage for birth control under Obamacare, issuing an unusual order that told lower courts to consider whether the sides might be able to work out their differences.
Split Court

The justices split evenly in four cases, including a bid by union foes to free public-sector workers in more than 20 states from requirements that they help pay for the cost of collective bargaining. Scalia in all likelihood would have backed the effort in what could have been a sweeping First Amendment ruling.

The court also deadlocked on Obama’s plan to shield as many as 4 million unauthorized immigrants from deportation, leaving intact a lower court decision blocking the program. In that case, Scalia’s presence wouldn’t have changed the outcome, though it would have meant a majority opinion, possibly putting new restrictions on presidential authority.
Unfulfilled Promises

Other cases that had once looked promising for conservatives instead produced liberal victories or middle-ground outcomes. The court unanimously let state and local governments continue their longstanding method of drawing equal-sized election districts. The ruling rejected calls for a transformational change that might have reduced Hispanic voting clout.

"Conservatives can look at this term as something of opportunity lost, especially with regard to the union and immigration cases, where Scalia’s absence made a difference, but also with regard to affirmative action and abortion, where his absence did not," said Brian Fitzpatrick, a former Scalia law clerk who teaches at Vanderbilt University Law School in Nashville, Tennessee. "But, as the latter cases show, the truth is that the court has been a disappointment to conservatives for decades. That trend looks like it will continue."

The court gave businesses mixed results in a group of cases that might have curbed class-action and consumers’ lawsuits. The impact may not become clear for some time as lower courts sort out how to apply the rulings.

"It is a little too soon to declare us in a new liberal phase at the Supreme Court, particularly in light of the consensus reached in many decisions this term," said Allison Orr Larsen, a former Supreme Court clerk who teaches at William & Mary Law School in Williamsburg, Virginia. "But I do think it seems that the justices are aware change is in the air."

[Minister of Truth]

Killing babies isn't winning.

[Legion Troll]

Killing babies isn't winning.

Killing you as a baby would have been an epic victory.

[anatta]

this is an above average court -protecting diversity in enrollment, abortion rights.

But it's also checked executive powers (DARPA) -and struck down the individualmandate as a function of mandated activity -
while using Congress power to tax to uphold Obama care.

I don't want a more liberal court -or a conservative one either. Those are well though out decisions.

Even Citizens United is correct in the absence of a way to limit campaign funding. Oh! and gay marriage too!

The Roberts Court has been terrific

[Legion Troll]

Don't worry, Trump will nominate the "right" sort of justices.

[canceled.2021.3]

ThnX GOP-Post-Scalia Court Has Liberals Winning, Conservatives Venting

A U.S. Supreme Court in transition offered glimpses of what a liberal majority might mean as the justices closed their term by strengthening abortion rights and bolstering college affirmative action.

Transformed by Justice Antonin Scalia’s unexpected Feb. 13 death, the nine-month session doused conservative hopes for major victories on labor unions, voting districts and class-action lawsuits.

The term left some of Scalia’s fellow Republican appointees unmistakably frustrated as they felt their grip on the court’s direction slipping away. Justice Samuel Alito warned Tuesday of an "ominous sign" when the court rejected an appeal from a Washington state pharmacy whose owners object on religious grounds to regulations requiring them to dispense emergency contraceptives.

"If this is a sign of how religious liberty claims will be treated in the years ahead, those who value religious freedom have great cause for concern," Alito wrote. Chief Justice John Roberts and Justice Clarence Thomas joined the opinion.

Scalia’s death, coupled with the prospect of more vacancies in the next four years, means the next president may have a historic chance to reshape the court. With Senate Republicans refusing to consider President Barack Obama’s nomination of Judge Merrick Garland, the vacancy is almost certain to persist through the November election. In addition, Justices Ruth Bader Ginsburg, Anthony Kennedy and Stephen Breyer all will be 78 or older on Election Day.
Clinton and Trump

Presumptive Democratic nominee Hillary Clinton has indicated she would appoint justices to join the court’s liberal wing in supporting abortion rights, campaign-finance regulations and gun restrictions. Republican Donald Trump has offered a list of 11 possible nominees, all conservatives likely to generally follow in Scalia’s footsteps.

Scalia’s death at age 79 shaped the term in large ways and small. Argument sessions became more placid affairs in the absence of his combative questioning and frequent wisecracks. Colleagues from across the court’s ideological spectrum spoke publicly about the void they felt.

One thing that didn’t change was Kennedy’s status as the court’s most frequent pivot point. The 79-year-old cast the deciding vote to strike down Texas regulations that would have closed three-quarters of the state’s abortion clinics by putting new requirements on facilities and doctors.

Kennedy joined a Breyer opinion that said the state failed to show the rules were necessary to protect women’s health.

Kennedy’s Court

The ruling was something of a shift for Kennedy, who in 2007 wrote the court’s opinion upholding a federal ban on a procedure opponents called "partial-birth" abortion. In that case, he wrote that lawmakers have "wide discretion to pass legislation in areas where there is medical and scientific uncertainty."

Kennedy wrote for the court in upholding the University of Texas’ affirmative action policy. It was the first time in Kennedy’s 28 years on the court that he voted to uphold a racial preference.

"It is still Justice Kennedy’s court, for the moment at least,” said Steven R. Shapiro, national legal director of the American Civil Liberties Union.

The clarity of the abortion and affirmative action decisions stood out in a term permeated by efforts to forge narrow, consensus rulings so as to avoid 4-4 splits.

Compromises in other cases seemed to avert deadlocks. The justices punted in a case involving religious groups’ objections to providing insurance coverage for birth control under Obamacare, issuing an unusual order that told lower courts to consider whether the sides might be able to work out their differences.
Split Court

The justices split evenly in four cases, including a bid by union foes to free public-sector workers in more than 20 states from requirements that they help pay for the cost of collective bargaining. Scalia in all likelihood would have backed the effort in what could have been a sweeping First Amendment ruling.

The court also deadlocked on Obama’s plan to shield as many as 4 million unauthorized immigrants from deportation, leaving intact a lower court decision blocking the program. In that case, Scalia’s presence wouldn’t have changed the outcome, though it would have meant a majority opinion, possibly putting new restrictions on presidential authority.
Unfulfilled Promises

Other cases that had once looked promising for conservatives instead produced liberal victories or middle-ground outcomes. The court unanimously let state and local governments continue their longstanding method of drawing equal-sized election districts. The ruling rejected calls for a transformational change that might have reduced Hispanic voting clout.

"Conservatives can look at this term as something of opportunity lost, especially with regard to the union and immigration cases, where Scalia’s absence made a difference, but also with regard to affirmative action and abortion, where his absence did not," said Brian Fitzpatrick, a former Scalia law clerk who teaches at Vanderbilt University Law School in Nashville, Tennessee. "But, as the latter cases show, the truth is that the court has been a disappointment to conservatives for decades. That trend looks like it will continue."

The court gave businesses mixed results in a group of cases that might have curbed class-action and consumers’ lawsuits. The impact may not become clear for some time as lower courts sort out how to apply the rulings.

"It is a little too soon to declare us in a new liberal phase at the Supreme Court, particularly in light of the consensus reached in many decisions this term," said Allison Orr Larsen, a former Supreme Court clerk who teaches at William & Mary Law School in Williamsburg, Virginia. "But I do think it seems that the justices are aware change is in the air."

So you think having unclean measures are strengthening abortion rights? Interesting.

[F_Donald_Weldon]

In essence a liberal Court will follow settled, accepted case law with regard to privacy rights, due process rights, and the right to equal protection of the law, consistent with the Framers’ original intent: placing limits on government authority and safeguarding individual liberty.

[cawacko]

In essence a liberal Court will follow settled, accepted case law with regard to privacy rights, due process rights, and the right to equal protection of the law, consistent with the Framers’ original intent: placing limits on government authority and safeguarding individual liberty.

Oh jeez, clown show here. Explains your prior comments.

[PostmodernProphet]

ThnX GOP-Post-Scalia Court Has Liberals Winning, Conservatives Venting"

apparently our dimwitted liberals believe that the 5-3 decision is somehow different than the 5-4 decision we would have had if Scalia hadn't passed away......

[tsuke]

Killing babies isn't winning.

The only thing the republicans of the last 20 years have proven is that the only thing they are good at is losing

[cawacko]

The only thing the republicans of the last 20 years have proven is that the only thing they are good at is losing

Losing what?

[tsuke]

Losing what?

culture wars, economic wars, messaging wars, pretty much on every front. I dont remember the last time conservatives won anything.

Christians the people who put their faith most in conservatives are routinely mocked for practising their religion and doing anything remotely anti-gay while Islam is given a pass for it.

Universities are stocked with liberal professors which you did nothing about meaning that hte next generation would be stocked with globalist libs as well. Leaving us with the responsibility of giving the red pill to who we can.

Face it "conservatives" have failed in every direction. Demographics, the future you name it. It is up to those of us who want a different future than the globalist ones the libs show to fight back against it. Best thing you can do is get out of the way.

[cawacko]

culture wars, economic wars, messaging wars, pretty much on every front. I dont remember the last time conservatives won anything.

Christians the people who put their faith most in conservatives are routinely mocked for practising their religion and doing anything remotely anti-gay while Islam is given a pass for it.

Universities are stocked with liberal professors which you did nothing about meaning that hte next generation would be stocked with globalist libs as well. Leaving us with the responsibility of giving the red pill to who we can.

Face it "conservatives" have failed in every direction. Demographics, the future you name it. It is up to those of us who want a different future than the globalist ones the libs show to fight back against it. Best thing you can do is get out of the way.

Let's see we won the Cold War and showed capitalism to be the most powerful economic system on the planet. I know that is upsetting to anti capitalists such as yourself.

Universities are always where liberals have gone. You think conservatives were trying to take them over? You and your ilk would be perfect in a university setting, you could sit there and bitch all day about capitalists and free trade while having tenure.

[Legion Troll]

Christians the people who put their faith most in conservatives are routinely mocked for practising their religion and doing anything remotely anti-gay while Islam is given a pass for it.

Who's giving Islam a pass for it?

[tsuke]

Let's see we won the Cold War and showed capitalism to be the most powerful economic system on the planet. I know that is upsetting to anti capitalists such as yourself.

Universities are always where liberals have gone. You think conservatives were trying to take them over? You and your ilk would be perfect in a university setting, you could sit there and bitch all day about capitalists and free trade while having tenure.

Seriously the last sucess you can point to is the cold war? That means everything has been won by the dems since then?

Thanks for admitting there is no attempt by the conservatives. In your infinite wisdom you have made sure that the only ideas that most of the new generation will hear are very liberal ones. They will be lucky if there are any conservative influences at all. Luckily a lot of us can now go online to try and influence them but you dont make our jobs any easier.

Its like republicans really are designed to lose.