The conservatives on the supreme court are crap historians and even worse judges.
this post was submitted on 11 Feb 2024
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Originalism is nothing more than a mechanism for the Supreme Court to undo past precedent they don't like. Welcome to the new lochner era.
Hopefully we end this one like we ended the last, with a wave of socialism and a tough president willing to pack the court.
Sorry Loving v Virginia, it didn't used to be widely understood that the equal protection clause would forbid inter racial marriage bans. After all, both white and black people are forbidden from marrying other races by those laws. There, equal. That's how it was historically understood, heck it was illegal in 16 states still at the time and widely disapproved of.
But this presumes origialism is some coherent philosophy in the first place, instead of an excuse for partisan hackery cherry picking by Heritage Foundation stooges to get the conclusion they want.
Count me in favor of packing the court, not like there's any integrity to jeopardize. More to lose by doing nothing while they continue to rampage.
The next two civil rights I'm guessing we lose are gay marriage (Obergefell) and contraceptive access (Griswold). Obergefell because it was already close and hating anyone that's not cis is in vogue now on the right. Griswold because it was determined on exactly the same lines as Loving and Roe (In fact, Griswold is what underlay roe) and there's enough religious nuts out there that feel like contraceptives are sinful.
We may lose sodomy as well (Lawrence)
*not cis and straight
The Senate already changed the number of justices to 8 for a year. I don't see why it would be wrong to add extras after they admitted the count doesn't matter.
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More judges are needed to right the wrongs of the federal Supreme Court!
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And the major questions doctrine is just there to change laws they don't like.
In practice, "Originalism" refers to a quality of the judgements. Each ruling is its own original interpretation of the Constitution very clearly independent of any others.
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Both of those assume good faith
The liberal judges on SCOTUS still recognize 2A, though maybe with a few more restrictions. You wouldn't see them pass this decision.
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Sure, if Alabama can ignore SCOTUS, why not?
And Texas.
And Florida
Speaking of Texas laws, could the rest of us pass a law that allows private citizens to sue anyone in possession of guns?
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Only republican led states are allowed to ignore scotus.
Afaik it hasn't worked out for Alabama (any of the times)
It’s an amazing case because the Hawaii Constitution has a provision that is the same as the Second Amendment to the U.S. Constitution. It literally uses the exact same words as the Second Amendment. And Justice Eddins said: Even though the provisions are the same, we will not interpret them the same way, because we think the U.S. Supreme Court clearly got it wrong in Heller when it said the Second Amendment creates an individual right to bear arms.
The bill of rights protects rights, it doesn't create rights. That is a pretty fundamental concept.
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::sigh::
This is a bad ruling; Hawai'i is saying that their state laws and traditions take precedent over federal laws, the US constitution, and SCOTUS rulings. It's intentionally trying to undermine the concept of the rule of law in order to get the result that they want. That's not a "devastating rebuke", it's a toddler screaming about not getting candy in the supermarket.
This is counter to the concept of the rule of law, and should be seen as an embarrassment, not something to celebrate.
That’s not a “devastating rebuke”, it’s a toddler screaming about not getting candy in the supermarket.
It appears Hawai'i is parroting decisions by redder states, in an effort to force the SCOTUS to rule broadly on the question of Supremacy (or, at least, try and split the baby in some coherent way).
This is counter to the concept of the rule of law
Its counter to the concept of Federalism, but right in line with the Seperatist theory of law that quite a few modern day politicians happily espouse when it suits them.
just like cannabis and other laws in states taking precedent over federal laws?
Texas is another example and abortion is a state by state issue too as is medical and vehicle insurances
driver's licenses are a state by state thing too as is voting not a federal thing all state by state and education standards are state by state and SNAP benefits
US should have gotten things more united and settled before it was too late and shattering instead of waiting to cry and moan about it afterwards
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I think this also. I don't think this is good, but it's not without precedent considering how Federal law and marijuana legalization works on a State level superceding Federal.
Truthfully this is just another ruling denying Federal as law of the land.
Marijuana laws don't supersede federal law though; the fed. gov't simply chooses not to enforce the laws in states that have legalized it, and citizens of the legal states don't have standing to sue the gov't and compel them to enforce the laws. (And yeah, I agree that marijuana needs to be descheduled completely so that this isn't an issue.) (IIRC, they would need to demonstrate a personal harm caused by lack of enforcement to have standing to sue.)
In point of fact, if you purchase legal marijuana, either for recreational purposes or medical reasons, you are ineligible to purchase a firearm; this is made very clear on form 4473, where it specifically states that even if it's legal in your state, it's still a federal crime that makes you a prohibited person.
It is ultimately all rooted in the same concept, a rejection of the Supremacy Clause.
This is just another salvo in the kind of language that leads to either a civil war or a secession, and it being made by the "good guys" doesn't stop that.
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marijuana legalization works on a State level superceding Federal.
it really doesn't, though. federal agents can and still occasionally do assert the supremacy of federal prohibition over state level legalization, it's just that they've been directed not to in most cases. you can absolutely still be arrested for possession and when I was getting my card they made an effort to point that out and told me not to bring it to the post office or national parks or anything else like that where the law enforcement is likely to be federal rather than state or local.
Considering Hawaii is, by UN definition, illegally occupied? Good. Hawaii should be it's own nation.
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Not too familiar with the US but didn't Texas just recently just set a precedent that the supreme court can just be ignored. Doesn't the legal system there work off of precedent so that's a thing you can just do now?
I call it the you and what army precedent. Things will get interesting from here on out.
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This is asserting we have no rights outside of what the federal or state constitutions allow, which is a bad precedent to attempt to set. The Bill of Rights Amendments do not provide us with rights, they instead protect us from government limitations of certain rights that are inherent. People seem do not understand the juxtaposition of granted rights vs protected rights in these contexts when diacussing these kinds of cases.
Does the Hawaii state constitution specifically deny the right to keep and bear arms outside of military service?
Even if it did, it wouldn't matter as the US constitution is the ultimate authority and contradicts that opinion. It would take a few years to get to the Supreme Court though.
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More of this.
The supreme court is supremely illegitimate. Ignore all their rulings.
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