6 comments on “SCOTUS – Some Surprises

  1. What I found strange in Scalia’s opinion is that he appears to advocate a dictatorship of the Majority which goes against the principles of Democracy. Minorities need to be protected and given equal access. Also Scalia appears partisan and that I find disturbing in a Justice especially someone on the Supreme Court. This is something we do not see in Canada, Justices are independent of the political process or parties and go to great lengths to show impartiality. Anyway good for you all in the USA.

  2. I remember one Court leader – was it Mr.O.W.Holmes?- who said if someone or someones wanted to do something, and it wasn’t in the Constitution forbidding it, whether he liked it or not, he would take the approach, well damn it let the people do it.

  3. One of the first questions that went through my mide was the “transferable rights” issue. For instance, can a state not legalize same sex marriage themselves yet still recognize those from other states? We are opening up a big can of worms here, it will be interesting to see where they all wiggle off to.

    • I believe they can. The still-active Sec 2 of DOMA says they don’t have to recognize them but I don’t believe it prohibits it. In the case before the court the opinion notes that NY law recognized their marriage before same sex marriage was legalized in NY. That was a Canadian marriage, however, not one from another state. Not sure whether that makes a difference.

  4. I have a hard time reading Political posts. Even ones with great news. But seeing your smiling face on this site is always enjoyable.

  5. A well written post on a complicated and controversial ruling. Your post certainly made it easier to understand the SCOTUS ruling on DOMA that Justice Scalia’s torturous and twisted logic that this country should continue to legislate discrimation against a class of its citizens.

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