The Volokh Conspiracy
Mostly law professors | Sometimes contrarian | Often libertarian | Always independent
From Blue June to Red Flag June
Bruen and Dobbs placed red flags on hundreds of precedents.
Two years ago, we lamented Blue June. Now, we are in the midst of what I will call Red Flag June. Bruen and Dobbs have placed red flags on hundreds of precedents.
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Justice Thomas (to the surprise of absolutely no one) now wants to address doing away with legal access to gay marriage, gay relationships in general, and birth control.
Fortunately, it seems that the 5 other super-conservative Justices are not bat-shit crazy, so I guess that hundreds of thousands of gay marriages/relationships will not suddenly go 'poof' for at least several more years, nor will women's right to birth control similarly get stripped away on a state-by-state basis.
It’s important to highlight this because leftists care about finger-pointing and making up dramatic stories more than they care about everything else combined.
I was in favor of enacting same sex marital statutes similar to the opposite sex marriage statutes found in most every states family code, specifically for the purposes of setting forth the rights for the parties to same sex marriages.
Those same sex marital statutes passed through the democratic process.
that being said, Obergefell v Hodges was a terrible constitutional decision with no basis in the constitution with the legal rationale essentially providing that any law could be invalidated for any reason.
Actually, the Obergefell is conclusion is pretty much inescapable given Lawrence and Loving.
Lawrence is the decision that is constitutionally suspect.
Lawrence is constitutionally suspect? How so?
For the first ten years of my married life, my then-wife and I committed the felony of "crime against nature" (repealed 1989) each time we engaged in oral sex. That was punishable by imprisonment in the penitentiary not less than five years nor more than fifteen years. How was that any of the state's business?
Why isn't Thomas going after Loving again?
"now wants to address doing away with legal access"
Exactly how would SCOTUS decisions on any of those topics "do away" with them? Concluding that a particular act is not constitutionally protected is not remotely close to "doing away" with that act.
Not quite. He thinks "substantive due process" is an invalid concept and any rights granted should instead be evaluated under the Privileges and Immunities clause. Those potential rights you list could still be valid as P&I, but on a much different or better constitutional grounding.
This term has shown a pretty solid slate of decisions. Not even Prof. Blackman is going to get me down.
Solid?
From the misogynistic, superstitious, racist, homophobic, immigrant-bashing, Muslim-hating, obsolete, science-disdaining, virus-flouting, knuckle-dragging, antisocial, conservative perspective, this term's decisions have been great.
After decades of getting stomped by their betters in the culture wars, gullible and ignorant Republicans finally have a moment to celebrate.
Let's see who's smiling in 10 years.
Other that that, how did you enjoy Dallas President Kennedy?
Your betters will dance on the political and cultural graves of our world's vestigial Frank Drackmans.
I also will urinate on those graves. After enjoying several fine beers (the best beers in the world), of course.
We'll see, won't we? But at the moment you're weeping yummy salty tears.
That's how we're different "Arthur" I mean Jerry Sandusky,
I urinate where "Real" men do, in the shower (and Pool), you're the one who exposes themselves (if you consider that shriveled up excuse for a Penis (not firsthand knowledge, from the testimony of your Victims) in public,
and while drunk, apparently,
Frank "Drinks Budweiser, Urinates in Heineken Bottle (my own "Special Brew")"
Two wins for us clingers.
"solid slate of decisions"
Last 24 hours was spectacular!
Heller broadened and Roe aborted.
Enjoy this momentary respite from the culture war's verdict while you can, Prof. Blackman.
Then, the reckoning.
Open wider, clingers. Or not. I doubt your comfort will be much concern for your betters down the road.
"Open Wider"???
sound's like you're a Man of Experience, "Reverend" Sandusky, I mean "Kirtland?
I have plenty of direct experience -- and much more observational experience -- with respect to better Americans shoving progress down the throats of right-wingers.
Do you hayseeds genuinely believe you can stop the march of liberal-libertarian progress?
Maybe you clingers should should pray on it a spell, so that the infant bearded Jesus of Talladega Nights can come to your rescue and deliver the miracle you would need to avoid annihilation in the modern American culture war.
I know you have plenty of "direct experience" (buggering boys) that's why you got the "Enhanced" Sentence (No extra jail time, just more alone time with "Your Better") "Liberal-Libertarian"??? that's me Jerry, in the original sense of the word, as in Being un-infringed with guns, and letting the Peoples decide if they want to kill babies (I'm not against killing all babies, like in your case, for instance)
Frank
Two wins for us clingers.
Your mouth is saying "Open wider" but what I'm hearing is "Thank you, sir. May I have another?"
Someone should check on Rev. Make sure all this winning he's been doing hasn't gone to his head!