Alito: Marriage Ruling Destroyed Limits
Source: TDB
Justice Samuel Alito blasted the Supreme Courts decision that struck down prohibitions on same-sex marriage, saying in an interview with Bill Kristol that the decision effectively annihilated any sort of limits on constitutional protections. Future justices could use this post-modern conception of freedom to attack minimum-wage laws or, in the case of socialists, to find a right to a free college education. The court under Chief Justice Rehnquist, Alito said, had limited liberty under the Fourteenth Amendment as rights that are deeply rooted in the traditions of the country. So you had to find a strong historical pedigree for this right, Alito said. But the Obergefell decision threw that out, did not claim that there was a strong tradition of protecting the right to same-sex marriage. This would have been impossible to find. So we are at sea, I think.
https://www.youtube.com/watch?t=4116&v=Gd2VzBmr6YM
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Read more: http://www.thedailybeast.com/cheats/2015/07/20/alito-marriage-ruling-destroyed-limits.html
tomm2thumbs
(13,297 posts)The most useless two words I've said all day
closeupready
(29,503 posts)a decision in which they were in the minority?
Even if there is a precedent, is it the kind of conduct befitting the dignity of someone who occupies a very high station in the bureaucracy of our government? Seems shameful to do this to his colleagues, IMHO.
JudyM
(29,271 posts)It happens from time to time. It wasn't real common for many decades, even over really harsh or controversial decisions. In the last decade or so it's become more common. Ginsberg led the way. Alito followed. Nobody minded when Ginsburg did it, but she's "one of ours."
http://goodblacknews.org/2014/08/26/justice-ruth-bader-ginsburg-speaks-out-against-supreme-court-for-forsaking-fight-against-real-racial-problem/
Taken from Huffington Post, based on another story in a law journal. No idea what the website's like.
It's one thing to dissent, of course, but this is openly criticizing the court for reaching what she thinks is a series of stupid, wrong-headed decisions. In another such instance, her criticism was met with anything but rejection by DUers, many long established:
http://www.democraticunderground.com/10026180901
"I love her." "What a great human being she is." "I adore her."
It's worthwhile that for a while dissents were just dissents. Recently they've become more often blistering and caustic. It's hard to ridicule and insult those you work with and then go and work with them successfully. Just as Tsipras.
irisblue
(33,021 posts)6chars
(3,967 posts)JDPriestly
(57,936 posts)fundamental right to heterosexual marriage.
And the marriage right being protected is a civil one, not a religious one. Churches may refuse to marry anyone. The Catholic Church has refused to marry people who were previously married in the Catholic Church and then divorced. Some churches refuse to marry people who are not members of the church.
The Unitarians have been marrying in a religious ceremony LGBT people for a long time now as have some other churches.
Alito just isn't all that bright.
JudyM
(29,271 posts)... it's a sad state of affairs ...
cstanleytech
(26,319 posts)graduated law school let alone passed the bar, surely there was $$$ involved somewhere that allowed that to happen lol
unblock
(52,317 posts)that doesn't mean they took any of those lessons to heart.
mostly, they learned the jargon and language conventions as well as the reference points, all of which they use to simply dress up their political bias in the form of legal opinion.
JDPriestly
(57,936 posts)former9thward
(32,074 posts)http://www.washingtonpost.com/wp-dyn/content/article/2005/11/30/AR2005113001237.html
JDPriestly
(57,936 posts)former9thward
(32,074 posts)The reason they have a high failure rate is that they let anyone take it even if the 'law school' they went to is unaccredited. Other states limit to ABA accredited law schools. I don't know about NY.
JDPriestly
(57,936 posts)I was judging by the pass/fail rate. I did not know that other states only allow graduates of ABA approved schools to take their exams. Interesting.
former9thward
(32,074 posts)The top two law schools in the country. Are you saying they take money to graduate students? That the bar exam administrators take bribes to falsify scores? Please be clear.
cstanleytech
(26,319 posts)Lots and lots of it and the same with passing the bar.
former9thward
(32,074 posts)The top school in the Midwest. You may disagree with his decisions but to say he is not smart is just not reality. No progressive attorney would say such a thing but others may differ.
cstanleytech
(26,319 posts)managed to graduate from law school and pass the bar and in another reality I must have said in this thread that Scalia is not smart.
former9thward
(32,074 posts)In posts #14 and #38 you say "conservative justices needed help graduating law school". Scalia is one of the conservative justices last time I looked.
cstanleytech
(26,319 posts)former9thward
(32,074 posts)That is what your posts says.
cstanleytech
(26,319 posts)I said I was amazed that any of them managed to graduate law school without help I didnt say they "had" help.
Elmer S. E. Dump
(5,751 posts)onehandle
(51,122 posts)Thanks again, Ralph!
Orrex
(63,223 posts)Then it was an even better decision than I realized--and it was already pretty damn terrific!
Roland99
(53,342 posts)getting married should NOT be based upon merit, education, skill, etc. It's open to one and all!
Fuck this fucking douchebag bigot!!
Major Nikon
(36,827 posts)When something is licensed by the government, it's a privilege that the government can and often does withhold in an arbitrary and capricious fashion. This ruling was landmark in that it proves the government needs to justify its actions when it withholds such privileges and the people can and will hold the government accountable for such arbitrary and capricious actions.
Alito simply proves he's a closet fascist that thumbs his nose at the rule of law and will always side with government authoritarianism as long as it satisfies his partisan ideology. We already knew that anyway.
Roland99
(53,342 posts)But he's not merely partisan. Good gawd...I can't even begin to think up the proper term for what he is, politically and religiously.
Batshit crazy will suffice for now.
gvstn
(2,805 posts)He cannot get over it.
the_sly_pig
(741 posts)to be appointed to the Supreme Court. I guess not.....
pscot
(21,024 posts)the_sly_pig
(741 posts)Roland99
(53,342 posts)Elmer S. E. Dump
(5,751 posts)JDPriestly
(57,936 posts)Sometimes it's good to be a stubborn mule. A lot of Democrats have forgotten the significance of our mascot. We should have been stubborn about Alito. We cooperated on many other things, but Alito should have been one big "No" vote.
1StrongBlackMan
(31,849 posts)aren't ALL citizens entitled to protection under the Constitution?
RKP5637
(67,112 posts)persecution, inequality and discrimination are lovely and are the hallmarks of a great society. How the F do ignoramuses like this end up on SCOTUS.
Adrahil
(13,340 posts)Liberalagogo
(1,770 posts)I can hear the whining and smell the stink even over the Internet.
ut oh
(899 posts)Non-living entites (corporations) have constitutional rights
Living entities (humans who happen to be gay) no constitutional rights for them!!
To quote Yoda:
"Mmmmm giant asshole he is...."
turbinetree
(24,713 posts)that mouthed the word "Not True" when Obama said that the citizens united ruling was bad and it would open the flood gates of bribery and payola in elections in a state of union address.
http://crooksandliars.com/nicole-belle/supreme-court-justice-sam-alito-doesn
And this right wing hypocrite tool is going to sit on a ruling that will have a major impact on what happens in Unions and teachers in California and unions in general next term--------------hold on folks we have a person that makes over $190,000 a year and sides with oligarchies over 85% of the time and the rest of the time (15%) he's a b**g**t --------------great, justice is not blind with this person
SoapBox
(18,791 posts)Evil, whiny, slimy, narrow minded creep.
Gregorian
(23,867 posts)vkkv
(3,384 posts)He should be impeached.
Jeb Bartlet
(141 posts)I'm quite sure he would have said the exact same thing about he loving decision, there was no long tradition of allowing blacks to marry whites in 1967.
"So you had to find a strong historical pedigree for this right"
There was no strong historical pedigree for allowing blacks and whites to marry in 1967, exactly the opposite. Either marriage is a deeply rooted right and as such is open to all citizens or it is not and Alito is full of shit.
"I think.
Obviously you don't Sammy, that's your problem.
bucolic_frolic
(43,277 posts)2 Supreme Court Justices, both Roman Catholic, from a small geographic
area in Trenton-Lawrenceville NJ.
This is like two baseball players, Hall of Famers and World Series MVPs,
growing up on the same street!
Of course most nuclear physicists of WWII vintage graduated from the
same German secondary physics department, but they had specific
knowledge, not political selection.
I'm just wondering, it never made sense to me.
MissMillie
(38,578 posts)that this ruling doesn't trample on anyone's rights?
If a man is against marrying a man, he doesn't have to.
If a woman is against marrying a woman, she doesn't have to.
olddad56
(5,732 posts)one person's limits are another person's limitations.
apnu
(8,758 posts)Say what you will about Jefferson, but he envisioned a dynamic, breathing, living, government that reshaped itself to suit the needs of the people when it was necessary.
Assholes like Alito want a static government that never changes and is intractable in every way. "rights that are deeply rooted in the traditions of the country." Traditions change, as they do over time, because its the will of the people. Something the conservatives on the SCOUTS abhor.
Warpy
(111,337 posts)that he needs to be impeached and removed immediately.
The historical pedigree he is searching for is the ideal of equality before the law. All the marriage equality ruling did was affirm that by allowing all citizens to access the body of civil law pertaining to marriage.
He can continue to listen to the stupidest and most hateful things in the world spewed in his church. Nothing at all has affected his religious freedom in any way.
tularetom
(23,664 posts)Whiny ass little punk