12-05-2021, 05:31 PM
(12-04-2021, 07:05 PM)Belsnickel Wrote: People like to pretend that it is somehow above politics, and not to bash SSF, but that's the idea that his position is rooted in. It's naïve. The justices are political actors. Plain and simple.
You made some very good points that I omitted, but I wanted to focus on this. I think it absolutely must be emphasized that this is a sword that cuts both ways. Every POTUS nominates justices that they believe will make decisions compatible with their beliefs. In this regard neither side is different. Why is Sotomayor or Kagan given a pass on partisanship, which they both clearly are, but the conservative justices are not? The answer to that goes a long way towards explaining the opinions I posted earlier.
(12-04-2021, 09:06 PM)BigPapaKain Wrote: I think the reason some of the judges are being attacked is because during one of their confirmations, they sold themselves as letting lying dogs lie, but now they're talking like they have no issues overturning long standing rulings for...reasons? And the other one should be recusing themselves due to long standing religious beliefs getting in the way of their ability to be impartial.
Respectfully, this is not an argument with a firm foundation. Using this logic Plessy vs. Ferguson or the Dredd Scott decision should never have been overruled due to stare decisis. There are several SCOTUS rulings that have been overruled or overwritten by future courts, this is not unique or unusual. The question really is, is the SCOTUS ignoring Constitutional principle in making its ruling? Again, being the devil's advocate and using the left's own logic against them, restricting abortion access is no different than the "reasonable limits" imposed on the 2nd amendment by individual states. Left leaning types have been extremely comfortable with this logic in regards to firearms ownership and restrictions for decades, so they cannot consistently object to this reasoning on principle. Of course, we all know that many people's positions will fluctuate based on the topic at hand and this subject is absolutely no different in this regard.
