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If you could overturn 1 Supreme Court case... -
June 11th, 2012, 05:32 PM
...what would it be? And why?
And for the purposes of this thread, I'm excluding Roe v Wade or other abortion related cases. That isn't indicative of my abortion stance; I just know that Roe v Wade would probably overwhelm the thread and I'm not interested in another abortion debate. I'm curious to see what other SCOTUS cases people think were in error.
1. The Supreme Court's ruling that Scott, because he was of African ancestry (this applied to slaves and free men) couldn't be a citizen and so couldn't sue in federal court.
2. It also ruled that the federal government couldn't prohibit slavery in the territories.
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June 11th, 2012, 08:30 PM
Citizens United . . . equating money with speech will destroy democracy. Since the richest people/corporations will drown out ordinary people. That decision is a serious threat to the continued existence of the USA as we have known it.
“We do not believe in God because we need to explain this or that feature of the world. That is what science is for. We believe in God because we see something deeper in the world, something that transcends the scientific explanations.” - Karl Giberson Ph.D.
And for the purposes of this thread, I'm excluding Roe v Wade or other abortion related cases. That isn't indicative of my abortion stance; I just know that Roe v Wade would probably overwhelm the thread and I'm not interested in another abortion debate. I'm curious to see what other SCOTUS cases people think were in error.
Well, see, that's the thing. I wouldn't overturn Roe v. Wade, because with the laws as they currently are nothing would change. Since that ruling we've passed so many laws that will keep abortion legal even if that case was overturned that it would be pointless. If someone wants to make abortion illegal they'd have to pass an all encompassing law that would repeal all the laws that allow people to have abortions.
And beyond that case I'm not sure what case I would want to go after. Most cases with which I disagree have already been overturned. And even with things like the Scopes Monkey trial my stance on related issues makes the case irrelevant.
Quote:
Originally Posted by annabenedetti
Dred Scott
1. The Supreme Court's ruling that Scott, because he was of African ancestry (this applied to slaves and free men) couldn't be a citizen and so couldn't sue in federal court.
2. It also ruled that the federal government couldn't prohibit slavery in the territories.
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June 14th, 2012, 02:31 PM
Quote:
Originally Posted by Alate_One
Citizens United . . . equating money with speech will destroy democracy. Since the richest people/corporations will drown out ordinary people. That decision is a serious threat to the continued existence of the USA as we have known it.
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June 14th, 2012, 02:33 PM
Quote:
Originally Posted by Lighthouse
Well, see, that's the thing. I wouldn't overturn Roe v. Wade, because with the laws as they currently are nothing would change. Since that ruling we've passed so many laws that will keep abortion legal even if that case was overturned that it would be pointless. If someone wants to make abortion illegal they'd have to pass an all encompassing law that would repeal all the laws that allow people to have abortions.
And beyond that case I'm not sure what case I would want to go after. Most cases with which I disagree have already been overturned. And even with things like the Scopes Monkey trial my stance on related issues makes the case irrelevant.
Well. Fine. Then. :Plan:
Quote:
Originally Posted by annabenedetti
Yes, through legislation. I guess I was reading the question differently.
kmo, did you only mean rulings that haven't as yet been overturned?
If so, then I'd have to say a landmark ruling that limited states' rights, although I don't know what it would be offhand.
I meant cases that haven't been overturned already. But I don't mind going outside of that for discussion.
And actually, instead of just naming 1, it would probably get more discussion to say name the top 3 worst decisions.
The Supreme Court will soon announce their decision on Obamacare. I wonder if that will get on some lists.
If it is ruled constitutional (though it is not), it has already made my list. What else will the Federal Government deem as necessary for all Americans to participate in? Or what other states rights do the Feds intend to trample on?
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Learn to do right; seek justice.
Defend the oppressed.
Take up the cause of the fatherless;
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June 25th, 2012, 09:40 AM
Quote:
Originally Posted by rocketman
If it is ruled constitutional (though it is not), it has already made my list. What else will the Federal Government deem as necessary for all Americans to participate in? Or what other states rights do the Feds intend to trample on?
Even if the mandate is deemed unconstitutional all that has to be done is re-write it as a full on tax. Two thousand dollar tax on everyone that doesn't have health insurance and a tax credit for those that do.
“We do not believe in God because we need to explain this or that feature of the world. That is what science is for. We believe in God because we see something deeper in the world, something that transcends the scientific explanations.” - Karl Giberson Ph.D.
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June 25th, 2012, 09:42 AM
Quote:
Originally Posted by Alate_One
Even if the mandate is deemed unconstitutional all that has to be done is re-write it as a full on tax. Two thousand dollar tax on everyone that doesn't have health insurance and a tax credit for those that do.
And that has ZERO chance of ever getting passed through congress... it would be political suicide for both democrat and republican alike.
Slogan/motto:
Learn to do right; seek justice.
Defend the oppressed.
Take up the cause of the fatherless;
Isaiah 1:17
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June 25th, 2012, 09:45 AM
FYI the Supreme court just doubled down on Citizens United. They've struck down a 100 year old state law in Montana. If that doesn't qualify as judicial activism I don't know what does.
So much for a "conservative" court. You may love the idea of using the supreme court to deal with abortion, but what we are getting instead is a corporatocracy.
“We do not believe in God because we need to explain this or that feature of the world. That is what science is for. We believe in God because we see something deeper in the world, something that transcends the scientific explanations.” - Karl Giberson Ph.D.
Slogan/motto:
Learn to do right; seek justice.
Defend the oppressed.
Take up the cause of the fatherless;
Isaiah 1:17
Reputation:
June 25th, 2012, 09:47 AM
Quote:
Originally Posted by HisServant
And that has ZERO chance of ever getting passed through congress... it would be political suicide for both democrat and republican alike.
Well if the court strikes down the mandate only and nothing is done the insurance system will be destroyed and you'll have to go single payer.
"Obamacare/Romneycare" was a conservative response to single payer. By fighting against it, you're going to force single payer on everyone (an ACTUAL government takeover of healthcare).
“We do not believe in God because we need to explain this or that feature of the world. That is what science is for. We believe in God because we see something deeper in the world, something that transcends the scientific explanations.” - Karl Giberson Ph.D.
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