Today in Supreme Court History: July 1, 1985

7/1/1985: Cleburne v. Cleburne Living Center, Inc. is decided.

 

Comments

[Dan Schiavetta]

Cleburne v. Cleburne Living Center, 473 U.S. 432 (decided July 1, 1985): Equal Protection violated by refusing to grant permit to build group home for intellectually disabled (rational basis review; superseded by 1988 FHA amendment that added people with mental disabilities to list of protected persons)

Brnovich v. Democratic National Committee, 594 U.S. --- (decided July 1, 2021): Voting Rights Act not violated by new laws barring ballot collection and out-of-precinct voting; neither had racially discriminatory purpose; Alito's opinion upholds district court finding that there was no disparate impact; no evidence of any "fraud" or "intimidation" these restrictions were meant to combat and Alito assumes such a showing is unnecessary

Bellotti v. Baird, 428 U.S. 132 (decided July 1, 1976): upheld Massachusetts law requiring parental consent for abortion or if no consent to get it from a judge (in Bellotti v. Baird, 1979, held that minors must be given such an alternative if parents don't consent)

Planned Parenthood v. Danforth, 428 U.S. 2 (decided July 1, 1976): struck down law requiring either parental or spousal consent for abortion

CBS v. FCC, 453 U.S. 367 (decided July 1, 1981): any candidate for federal office who makes it onto the ballot must be given chance to buy broadcast time (suit was brought by Carter-Mondale campaign which had been denied access)

Mississippi University for Women v. Hogan, 458 U.S. 718 (decided July 1, 1982): state school (here, a nursing school) can't have single-sex admission policy

United States v. Winstar Corp., 518 U.S. 839 (decided July 1, 1996): statute dealing with savings and loan crisis violated Contracts Clause because it changed valuation terms for failed banks to the detriment of successor banks who had agreed to take over

School District of Grand Rapids v. Ball, 473 U.S. 373 (decided July 1, 1985): Establishment Clause violated by program putting public school teachers in religious schools to teach secular topics (overruled by Agostini v. Felton, 1997)

[SMP0328]

Does Dobbs implicitly overrule Baird and Danforth?

[Dan Schiavetta]

I think it makes them moot. If there is no federal right to an abortion then the rationale for those cases, whether it's under an Equal Protection or an undue burden analysis, vanishes. Rules as to spousal/parental consent would instead be determined by looking at the state constitutions. That is what is happening in Florida where DeSantis's recent attempt to restrict abortion runs afoul of the Florida Constitution, which unlike the federal Constitution contains an explicit right to privacy.

[Mr. Bumble]

Curious as to how a right to privacy allows a right to an abortion?

[Frank Drackman]

It doesn't, that's the point

[mtkesq]

It probably gets in the way of spousal or parental consent laws

[Michael P]

Parental privacy, aka the doctrine, well-established in some circles, of "I put you in this world, I can take you out of it".

[Sarcastr0]

This is the reasoning of Roe v. Wade. You should check it out sometime!
Maybe before you next go off about the law of abortion without knowing the legal landscape.

[Mr. Bumble]

Roe was just overturned, so I guess that reasoning no longer holds.

[SMP0328]

I wouldn't be surprised by a federal judge striking down a parental/spousal consent law regarding abortion and claiming his hands were tied by Baird and Danforth, because Dobbs did not expressly overrule those decisions.

[Sarcastr0]

The Florida Constitution still holds, though.

[Bob from Ohio]

So the Florida s/c adopts a "history and tradition" test and overrules it. Its not 1989 anymore, GOP majority on the court.

[Sarcastr0]

They can do that. And they could have all this time.

The point is that jurisprudence about the right to privacy is still relevant.

[Frank Drackman]

Man, check out the Human Detritus out in front of Judge AB's home...
Enough to make me re-think my views on the 1st Amendment, and 60-210th Trimester Abortions, (talk about literal "Slippery Slopes"(Amnionic Fluid/Blood Emulsion, very slippery) Hey, if former VA Governor Blackface (thought his 70's Vette with T-tops and Rainbow glitter license plate frame was worse) can kill babies a few hours after birth, whats a few years? Decades? they're just bigger babies,

Frank

[Frank Drackman]

https://nypost.com/2022/07/01/pro-abortion-protesters-target-justice-amy-coney-barretts-home/
take it back, "Detritus" is too good

Frank

[not guilty]

Abortion rights supporters are impinging upon the privacy of Justice Amy Coney Bear It and her family? Well, cry me a river.

[Frank Drackman]

Umm, Someone else might be crying when an "Insurrectionist" (Is trespassing on a Surpreme's Home not in the same ballpark as shlepping down the halls of the "People's House"
Peoples (used to) be able to get a pass to visit their "People's House" but don't think you can really just stroll into (Praise Jehovah!) (Former) Judge Bryer's "Chambers"
Where was I? an Insurrectionist (unemployed Coal miner perhaps?) takes up a sniper position on Judge EK's front yard
DON'T (say it again, "don't " "Do'not" "Nie Mals") encourage that,
do it Joe Hill/Ashli Babbit Style,

Frank "Don't Mourn (Ashli Babbitt, fuck what that Child Molester "Reverend" Jerry Sandusky says) Organize! (and Vote)

[Dan Schiavetta]

In those days there was a broad faith in public schools. Nowadays that (Trumpist) 35% views them as indoctrination centers, with only religious schools being legitimate. Unfortunately that 35% now has a 66.6% representation on the Court.

[DaivdBehar]

Planned Parenthood v. Danforth, 428 U.S. 2 (decided July 1, 1976): struck down law requiring either parental or spousal consent for abortion

A rare acknowledgement of reality. People are adult at 14. Not just adult, but superior in every way adult, including mental ability.

[Mr. Bumble]

What is the source of your claim that 35% of the public views public schools as "indoctrination centers"?

[Brett Bellmore]

The public schools have always been indoctrination centers, that's why they were created. All that's changed is that the teachers decided that they were entitled to indoctrinate children in doctrines their parents didn't like.

Why they thought that wouldn't result in a backlash I have no idea. Though to be fair it didn't really happen until Covid inspired remote learning exposed a critical mass of parents to their childrens' educations.

[Frank Drackman]

Obviously either, probably same source that tells me 1:the Sun rises in the East, B: Water runs Downhill, andiii: the Man always gonna keep a Brutha down.
Sheeee-itttt (One good thang about Pubic Schools, I did learn a new language, let me know a job where "Ebonics" is a requirement) I remember my 4th grade Pubic Screw-el teacher (in South Dakota!!!!!!) making everyone right a letter to President Milhouse asking him to stop bombing Veet'nam (of course she didn't check the letters and mine as asking him to drop one of the Nukes the B-52s at Ellsworth AFB carried)
and my daughters went to Pubic Screw-els in a tony Atlanta Suburb that weren't that bad, thanks to the high Asian population, but when Barry Hussein won you'd have thought the Oceans were going to recede....
and finally, if they're so great why didn't Barry H. send Melena and whats her name to a great DC Pubic school,

Frank

[Sarcastr0]

His claim is that 35% of the country is behind Trump, and that's the cohort that thinks all schools are bad, unless they're religious.

I think it's pretty clear he's not being quantitatively rigorous here.

[SMP0328]

DeSantis may have appointed enough of the Florida Supreme Court justices that Florida may be headed towards a mini-Dobbs.

[Frank Drackman]

Umm, for second 1/2 of 4th grade yes (not due to the Commie-Pinko teachers, Milhouse impounded funds for DOD screw-els, so my East German refugee mom taught me from books at the Li-berry (no, we didn't really stress Grammar)
by the time I went back to Pubic school the next year I was at 8th grade level in every subject except Engrish.
3 Years in the admittedly great 1970's California Pubic Screw-els got me to college level,
Actually never finished my B.S. (fitting term), Med School gave me a little crap, but the summer after first year when I was supposed to finish my undergrad, I had to retake a 1st year subject,
Still, you know what they call the last guy in his class at Med School,
(Rich) "Doctor"

Frank "Still knows all world/state capitals, Presidents in Sequence"

[Frank Drackman]

Sure you can, don't (redacted) every swinging (redacted) that gets thrown at your (redacted)
at least that's what I told my daughters when I'd give them their Medroxyprogesterone Shots ("Trust but Contracieve") Encouraged them to go Lesbo but they have that hankering for the Sausage (Kosher of Course)

Frank

[Frank Drackman]

That's "Dr" Dense thank you very little
and I think you've got me confused with (Not a) "Doctor" Jill Biden

Frank

[Brett Bellmore]

You only get a right to abortion out of a right to privacy if you've already adopted a pro-abortion stance. From a pro-life stance, there's somebody else involved who isn't consenting, so privacy isn't relevant.

[Bob from Ohio]

Bumble was saying you can't get abortion out of a "right of privacy" at all.

[DaivdBehar]

Frankie. Daughters are smart. The sole purpose of life is reproduction. Jewish males are a great catch.

I love me some Queenie. Great comments, bruh.

[DaivdBehar]

Obama did not want his daughters jacked if they tried to pee in the bathroom at school. He knew better.

[DaivdBehar]

Same is true for law school. A students become profs. They and the B students end up working for the C students who did not waste time and brain power on memorizing 7000 dumbass rules.

[Frank Drackman]

If it's 35% that elects 50% +1 erectors in the Erectoral College, that's all that matters,
and will be nice to have a Repubiclan controlled Congress in 0-24' if the (rigged) erection goes to the House, where you could theoretically have a POTUS erected by the 26 least populous states.

Frank