Clarence Thomas this week offered the lone dissent in a Supreme Court decision that ultimately ruled that people with a history of domestic violence can be prevented from legally owning guns.
His lengthy disagreement with the ruling in United States v. Rahimi hinged on an originalist interpretation of the law that Thomas, a staunch conservative, is known for.
Originalism is a legal framework based on interpreting constitutional law as it would've been understood at the time it was written nearly 250 years ago — before the invention of electric lighting, indoor plumbing, and steam-powered trains.
[...]
Legal experts who spoke with Business Insider said Thomas' latest decision highlighted how inconsistent and even ridiculous this method of interpretation could be.
"This is a case where, if you invalidate this statute on the basis of originalism, you go back in time and say, essentially, at the time of the original ratification of the Constitution, domestic violence was tolerated — and therefore, based on originalism, we need to invalidate the statute," John P. Gross, a professor at the University of Wisconsin Law School who's also the director of the Public Defender Project, told BI. "And that is, of course, an absurd, horrible result."
Gross noted that originalism raises questions such as whether women should be allowed to sit on the Supreme Court, because the nation's founders wouldn't have allowed it then.
[...]
"A strict originalist view could be that we shouldn't have appointed women to the judiciary unless we get a formal amendment saying women can be judges," Gross said. "So that's the kind of logical extension of originalism that leads to these truly absurd results. In that context, it's very difficult to defend originalism as a useful, meaningful way of interpreting the Constitution."
Anonymous wrote:Anonymous wrote:Anonymous wrote:
Agreed. Justices should be held to the same standards as other federal employees. I see no justification whatsoever for not doing so.
Absolutely. Why is this even a question?
Because Republicans want the Christian nationalist hellscape they want and without a corrupt court it’s less likely. Alito and Thomas and the other right ring operatives are there to clear the runway for whatever the GOP wants with the veneer of a Supreme Court decision slapped on it.
Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:
What's problematic right now is that the left and these left-wing groups are working really hard to defame the Constitutional Justices on the court while ignoring some of the same behavior from "left leaning" Justices.
The thread above was longer with even more information about how the left is cherry-picking information AND actually publishing totally false information. So, don't believe everything you read.
This is an attempt, no doubt, to encourage the Senate to kill the filibuster and pack the court.
How about listening to Alito in the tweet posted at 13:25 two posts above, and then come back and tell us about how he is a Constitutional Justice.
This is pure clickbait.
Nothing in this audio of Chief Justice Roberts and Justice Alito is remotely inappropriate.
What’s most notable is how both Roberts and Alito said — while being secretly recorded — that it’s not the job of the Court to make policy.
And even in a gotcha conversation with a bad faith actor, they reiterated the limitations of the judicial role.
Outside of that, the only other thing that stands out here is the timing of this release — right before the end of the term.
This is just a continuation of a desperate and coordinated campaign by the Left to delegitimize the Supreme Court because they don’t control it.
Expect the baseless smears to continue as long as a majority of the Court is faithful to the Constitution rather than to the Left’s political agenda.
Maybe you don’t think so. I happen to believe our constitution should remain the law of the land and there should be separation of church and state.
I don’t think it’s appropriate for Alito to impose his “godliness” from the bench.
Are you surprised that a conservative Justice has conservative ideas?
You realize these Justices are allowed to have their own views, right?
Tell us how he has "imposed Godliness" from the bench.
Anonymous wrote:I was saddened to read about Robert’s wife.
Just sad.
Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:
What's problematic right now is that the left and these left-wing groups are working really hard to defame the Constitutional Justices on the court while ignoring some of the same behavior from "left leaning" Justices.
The thread above was longer with even more information about how the left is cherry-picking information AND actually publishing totally false information. So, don't believe everything you read.
This is an attempt, no doubt, to encourage the Senate to kill the filibuster and pack the court.
How about listening to Alito in the tweet posted at 13:25 two posts above, and then come back and tell us about how he is a Constitutional Justice.
This is pure clickbait.
Nothing in this audio of Chief Justice Roberts and Justice Alito is remotely inappropriate.
What’s most notable is how both Roberts and Alito said — while being secretly recorded — that it’s not the job of the Court to make policy.
And even in a gotcha conversation with a bad faith actor, they reiterated the limitations of the judicial role.
Outside of that, the only other thing that stands out here is the timing of this release — right before the end of the term.
This is just a continuation of a desperate and coordinated campaign by the Left to delegitimize the Supreme Court because they don’t control it.
Expect the baseless smears to continue as long as a majority of the Court is faithful to the Constitution rather than to the Left’s political agenda.
Maybe you don’t think so. I happen to believe our constitution should remain the law of the land and there should be separation of church and state.
I don’t think it’s appropriate for Alito to impose his “godliness” from the bench.
Are you surprised that a conservative Justice has conservative ideas?
You realize these Justices are allowed to have their own views, right?
Tell us how he has "imposed Godliness" from the bench.
Anonymous wrote:Anonymous wrote:
Maybe you don’t think so. I happen to believe our constitution should remain the law of the land and there should be separation of church and state.
I don’t think it’s appropriate for Alito to impose his “godliness” from the bench.
Speaking of Church and godliness, are you prepared to stop shoving climate change down everyone's throat, which is a religion in and of itself?
Anonymous wrote:Anonymous wrote:
Maybe you don’t think so. I happen to believe our constitution should remain the law of the land and there should be separation of church and state.
I don’t think it’s appropriate for Alito to impose his “godliness” from the bench.
Speaking of Church and godliness, are you prepared to stop shoving climate change down everyone's throat, which is a religion in and of itself?
Anonymous wrote:
Maybe you don’t think so. I happen to believe our constitution should remain the law of the land and there should be separation of church and state.
I don’t think it’s appropriate for Alito to impose his “godliness” from the bench.
Anonymous wrote:Anonymous wrote:
Agreed. Justices should be held to the same standards as other federal employees. I see no justification whatsoever for not doing so.
Absolutely. Why is this even a question?
Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:
What's problematic right now is that the left and these left-wing groups are working really hard to defame the Constitutional Justices on the court while ignoring some of the same behavior from "left leaning" Justices.
The thread above was longer with even more information about how the left is cherry-picking information AND actually publishing totally false information. So, don't believe everything you read.
This is an attempt, no doubt, to encourage the Senate to kill the filibuster and pack the court.
How about listening to Alito in the tweet posted at 13:25 two posts above, and then come back and tell us about how he is a Constitutional Justice.
This is pure clickbait.
Nothing in this audio of Chief Justice Roberts and Justice Alito is remotely inappropriate.
What’s most notable is how both Roberts and Alito said — while being secretly recorded — that it’s not the job of the Court to make policy.
And even in a gotcha conversation with a bad faith actor, they reiterated the limitations of the judicial role.
Outside of that, the only other thing that stands out here is the timing of this release — right before the end of the term.
This is just a continuation of a desperate and coordinated campaign by the Left to delegitimize the Supreme Court because they don’t control it.
Expect the baseless smears to continue as long as a majority of the Court is faithful to the Constitution rather than to the Left’s political agenda.
Maybe you don’t think so. I happen to believe our constitution should remain the law of the land and there should be separation of church and state.
I don’t think it’s appropriate for Alito to impose his “godliness” from the bench.
Anonymous wrote:Hardly a surprise. But senate republicans blocked legislation that would have required SCOTUS to have ethics and transparency.
Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:
What's problematic right now is that the left and these left-wing groups are working really hard to defame the Constitutional Justices on the court while ignoring some of the same behavior from "left leaning" Justices.
The thread above was longer with even more information about how the left is cherry-picking information AND actually publishing totally false information. So, don't believe everything you read.
This is an attempt, no doubt, to encourage the Senate to kill the filibuster and pack the court.
Equating beyonce tickets from beyonce with millions of dollars in gifts from right wing donors with a political agenda is the problem.
Thanks for highlighting it so spectacularly.
Obviously scale is important but the Supreme Court hears a lot of intellectual property cases. So it’s not like Beyoncé courting favor with her is totally innocuous.
Wake me up when Beyonce is arguing a case up to SCOTUS the way that Clarence Thomas's benefactors most certainly have.
So it’s better to court judges with gifts early and prospectively? I’m sure that would end well.
Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:
What's problematic right now is that the left and these left-wing groups are working really hard to defame the Constitutional Justices on the court while ignoring some of the same behavior from "left leaning" Justices.
The thread above was longer with even more information about how the left is cherry-picking information AND actually publishing totally false information. So, don't believe everything you read.
This is an attempt, no doubt, to encourage the Senate to kill the filibuster and pack the court.
Equating beyonce tickets from beyonce with millions of dollars in gifts from right wing donors with a political agenda is the problem.
Thanks for highlighting it so spectacularly.
Obviously scale is important but the Supreme Court hears a lot of intellectual property cases. So it’s not like Beyoncé courting favor with her is totally innocuous.
Wake me up when Beyonce is arguing a case up to SCOTUS the way that Clarence Thomas's benefactors most certainly have.