The Supreme Court discussion thread - Page 125 - Politics and Society -- Two Plus Two Poker Forums

you want me to tell you how adding extra steps into the language of the constitution that weren't thought to be needed at time of drafting isn't originalism?

isn't textualism, but it can be originalism.

Originalism isn't textualism.

Originalism means "you have to interpret the text everytime it's not-obvious , as it would have been interpreted by the people who wrote it and who voted on it".

here a paper explaining the difference between the 2

https://papers.ssrn.com/sol3/papers....20same%20thing.

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03-07-2024 , 01:55 PM

#3102

Slighted

Carpal \'Tunnel

Join Date: Feb 2012 Posts: 16,770

Quote:

Originally Posted by Luciom

its neither. the drafters didnt need it to be interpreted. they knew. zebulon vance was barred from office until amnesty was passed. they didnt need an extra determination.

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03-15-2024 , 05:12 PM

#3103

Luciom

Pooh-Bah

Join Date: Oct 2007 Posts: 5,085

Another 9-0 decision on a other fairly complex topic, this time the right (or lack thereof) of a politician (or public official in general) to block people on social media.

Looks like the kind of nuanced, well thought opinion we do expect by actual experts on an actually unclear topic constitutionally

https://www.scotusblog.com/2024/03/p...-social-media/

So much for polarization in everything I guess

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03-23-2024 , 11:33 AM

#3104

Rococo

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Quote:

Originally Posted by Luciom

9-0 decisions are much more common than the general public imagines.

Quote

03-26-2024 , 07:39 PM

#3105

Luciom

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Join Date: Oct 2007 Posts: 5,085

the case against mifepristone seems doomed, but it will be very relevant anyway depending on if/how scotus will address several questions arising from this case

https://www.politico.com/news/2024/0...ments-00149166

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03-26-2024 , 11:53 PM

#3106

metsandfinsfan

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Quote:

Originally Posted by Rococo

9-0 decisions are much more common than the general public imagines.

Yet even 9-0 decisions are blamed on the "conservative court"

Quote

03-27-2024 , 10:01 AM

#3107

Rococo

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Quote:

Originally Posted by metsandfinsfan

Yet even 9-0 decisions are blamed on the "conservative court"

No they aren't

Quote

03-27-2024 , 10:42 AM

#3108

biggerboat

you're gonna need one

Join Date: Feb 2009 Posts: 48,484

Quote:

Originally Posted by metsandfinsfan

Yet even 9-0 decisions are blamed on the "conservative court"

Funny, I've never heard this.

Quote

03-27-2024 , 01:08 PM

#3109

metsandfinsfan

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Quote:

Originally Posted by biggerboat

Funny, I've never heard this.

This is good

https://unherd.com/newsroom/will-the...-trump-ruling/

And my Facebook and Twitter feeds were full of people blaming the conservative court for the Trump decision

Quote

03-27-2024 , 05:52 PM

#3110

Rococo

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Quote:

Originally Posted by metsandfinsfan

This is good

https://unherd.com/newsroom/will-the...-trump-ruling/

And my Facebook and Twitter feeds were full of people blaming the conservative court for the Trump decision

This is your proof? A few liberals and a staunch conservative predicting before the decision that Trump would lose? (FWIW, I never agreed with Luttig on this point.)

I can't speak to your Facebook friends and the people you follow on Twitter, so whatever as to that point.

I didn't see any SCOTUS commentators blaming that decision on a "conservative" Court.

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