05-04-2022, 01:22 PM
(05-04-2022, 12:31 PM)Au165 Wrote: I've missed a bunch, so I'll respond to the two replies I had about settled law in one.
First, this is not the first time it has occurred (232 times prior which actually isn't that much relative to total cases) but may be one of the most controversial ones. There is a lot here, from justices saying in their confirmations it was already settled law, all the way to how those justices got onto the court to make such judgements, this has some contextual issues involved that are going eliminate any sort views of impartiality to the ruling.
To the comment "you just can't go around screaming settled law", you actually can and should in most cases. The issue with changing settled law here on party lines, which don't fool yourself this is partisan, during a divisive time is that it is simply going to radicalize "the other side". Stare decisis is what allows our country to function, if we now decide that settled law is simply something that stands until we get politically aligned courts together to change it we are in for a rough couple decades. Point being, this was potentially the most overtly political ruling to overturn settled law by SCOTUS of any of the 232 (maybe one or two others) which is why this one will be very different than any we have seen in at least 60 years.
If you don't think going after settled law on religious rulings expanding religious rights that have been controversial, 2A rulings, and so on aren't now squarely in play on a court shift the other way you are fooling yourself. The supreme court is now a weaponized tool of a two party political system like we have never seen and as I said, it's only going to get worse over the next few decades.
This all reads like pure opinion, especially as you are resting your entire argument on your belief that "this was potentially the most overtly political ruling to overturn settled law by SCOTUS of any of the 232". You can certainly have the opinion, but it's just that. Although I will say that claiming this ruling is worse than any of the other 232, by far, is a very in the now thing to say and think. After all, "our democracy is under threat" and the next election will be the "most important in our lifetime."
You'll please forgive me if I don't indulge in the hyperbole and instead deal with facts.
