Ack, I was replying to Magnet and his post disappeared.
I agree with the comments re Roe, I just meant that Roberts is concerned enough about the public perception of the court that he actually pays attention to things like stare decisis when he can. For a BIG win like Roe, I’m not sure what he might do. Maybe chipping away is his strat.
magnet
4751
Sorry, I deleted it because I realized you were referring to today’s death penalty case, not Ramos.
Anyway, it’s back.
This is actually what the Republicans prefer, politically. If abortion is a dead and settled issue, it can’t be used to get out the vote or for fundraising.
It will never be a dead issue. Even if SCOTUS outlaws it somehow the Republicans will be fear-mongering that the Democrats will pack SCOTUS with liberals and make it legal again, so you’d better give us your money to keep that from happening. Look at our lax gun laws and how the NRA still stirs up fears about government coming to take your guns.
Thrag
4755
First decision, 8-1 for bookings.com. Generic names can be trademarked.
Ruling does not address the Frungy trademark issue, though as that has been made moot by last year’s settlement the court was not expected to take up the issue.
Thrag
4756
Sounds like no tax decision today. Appears there may be a special session tomorrow for it.
Thrag
4757
And it looks like this break down of the separation of church and state will be all for today.
I had to look this up. Gorsuch - actually sensitive to Native rights - is recused.
I should be used to it by now, but the concept of an actively politicised judiciary is still so bizarre to me. If a UK politician said we needed more conservative (or liberal) judges, it would be a major scandal.
Surely U.K. politicians think such things, though, don’t they?
Increasingly, I imagine, but until fairly recently the scope of judicial review in the US sense was pretty limited, so not as much as you might think. It’s become more contentious with all the constitutional debates and crises since the Brexit vote, but even so it’s expressed more more in “going against the will of the people” terms than left/right, let alone party political terms.
magnet
4764
Gorsuch is not recused from this case.
Gorsuch recused himself from a similar case in 2018, and only because he was involved as an appellate judge before joining the SCOTUS.
Thanks. I thought this was still Carpenter (later Sharp) v Murphy (never decided, deadlocked 4-4) and this case is McGirt v. Oklahoma
But there was no new argument in the Murphy case, probably because it was not clear that another hearing would break the deadlock so long as the court remained short-handed.
Instead, the court agreed to hear the case argued on Monday, McGirt v. Oklahoma, No. 18-9526, an appeal from a state court’s decision, apparently to ensure that the issue could be settled by a nine-member court. A decision is expected by July.
Justice Gorsuch, whose vote may turn out to be the decisive one, has taken a broad view of the rights of Native Americans in other cases. On balance, his questions suggested that he was skeptical of the positions Oklahoma had taken in the cas
Right now Trump is asking why he can’t just give Kavanaugh two votes.
I don’t doubt that he’s had that thought.
Aren’t they supposed to drop a bunch of decisions today?
