Discussion in 'Legal' started by F-111 John, Jun 23, 2022.
Unless a Justice carried in every day environs, competed, etc. - they probably don't know squat about what we do every day.
Not the court, but I recall Sec. DeVos when asked why we should carry in schools, said some idiocy about Grizzly bears. Parkland, VT, Sandy Hook - not bears. Also Senator Thune when asked about ARs, said - well, folks use them on prairie dogs.
That's the problem. I know in my professional life in academic debates and presentations, we always practiced and red teamed rebuttals.
They are the crew that held New York's $340 residential handgun licensing fee did not impose an unconstitutional burden on the exercise of Second Amendment rights in Kwong v. Bloomberg and found against Alan Kachalsky in Kachalsky v. Cacace
Am I just naive or do I just not have a basic understanding of the law?
The Supreme Court has no enforcement arm, it relies on the Legislative and Executive branches to enforce their rulings. Do you honestly think the current Dem occupiers of those two branches are going to enforce it?
To some degree, you are right. However, if the justices get into the practice of trying to short-circuit possible future legislation, at some point, they begin legislating from the bench.
All courts rule on precedent, and guidance from SCOTUS. And, awarding the plaintiff as per the relief requested; it is a known hallmark of a successful legal position to receive a monetary award as part of the restoration (or being made whole).
Courts can and do enforce a decision via a monetary award.
Their personal values (for which they are chosen) drive their decision. The legal precedents that fill pages are just selective information processing and confirmation bias after the fact to justify and defend their political/social world view. That we get such disparate opinions on social issues are clear evidence that is the process in play.
Justice Thomas had to chime in on gay marriage and sodomy. Why - his personal biases and indicating how he would 'legislate' if he had the chance. That he was just expressing a neutral bias on legal issue is naive or disingenuous at best.
Thomas had opined in the past that the 2A was being mistreated in the lower courts. Occam's razor (carried concealed) still suggests to me that he was not worried about legislating from the bench, he was concerned with the 2A, but rather - he was out thought on the counter-punch. Can Scotus deal with this in real time or wander off into something else?
the social media thing really rankles me. what a terrible precedent to set. it must be struck down.
Since this is "Legal", I am going to put my "Average layperson" disclaimer ...
You are both correct.
The legislative branch writes bills and the executive branch signs these bills into laws. But the judicial branch exists to rule whether actions of two other branches are constitutional.
Since current executive and some in legislative branch don't support recent Supreme Court decisions, "We the People" will have to wait for the 2022/2024 elections for full enforcement of Supreme Court rulings if/when we would have executive/legislative branches that support the Supreme Court rulings. (In the meantime, expect flurry of executive/legislative activities to introduce more anti-gun laws which is already happening)
This is what justice Gorsuch said about Bill of Rights, enforcement and government powers (More at link) - https://www.thehighroad.org/index.php?threads/a-great-interview-with-justice-gorsuch-with-question-on-the-second-amendment.856201/
"Bill of Rights and liberty ... Bill of Right is a set of promises on paper ... What makes a promise worth the words on paper is the enforcement mechanisms behind it ... Our Bill of Rights is excellent."
... Judges are the backstop to ensure rights and liberties, that is our job
I am an originalist ... We have a written constitution that our founder wrote down ... They made a charter among 'We the people' ... This is what we agreed to as to what the government's powers are and what they are not ... What our rights are. Originalists ... honor what's written there. Honor those words ... Don't make stuff up and don't take things away. That's the idea"
And even CNN supports this - https://www.cnn.com/2022/07/01/politics/what-is-the-supreme-court-how-does-it-work/index.html
What does the Supreme Court do? ... the court decides if laws and government actions are constitutional and outlines the breadth and limits of government.
Are Supreme Court decisions final? ... Yes, in the sense that they can’t be overturned by another body.
Can Congress overrule decisions? ... Not directly, but Congress can pass laws that respond to rulings.
Separate names with a comma.