Supreme Court Justice Kagen: Our Rulings Must Follow Public Sentiments

[woodwork201]

Biden and Democrats are trying to step in and dictate what the states can and can not doing regards to rhe legislative control THEY - not the Federal government - have just been given by the USSC.

The USSC just told the federal government, 'YOU no longer have the power to legislate / dictate the legislation of / regarding abortions down to the states. THEY now control their OWN legislative decision making regarding abortions!'

I get what you're saying but this is important: The Court did NOT give that power to the States and the Court has no authority to give that to the States.

The Court also did not tell the Federal Government that they no longer have the power to legislate about abortions.

This is not power granted by the Court. They restored the Constitution, clarifying that the Constitution ALWAYS said that it was in the hands of the States.

 

[easyt65]

I get what you're saying but this is important: The Court did NOT give that power to the States and the Court has no authority to give that to the States.

Sorry, I respectfully disagree on both.

The right to an abortion is not in the Constitution, and the federal govt'spower is limited to only what is spelled out in the Constitutio.


The USSC made the Constitutionally right call, not thr emotional / popular one...IMO.

 

[Weatherman2020]

Unlike Alito, who’s rulings follow religious doctrine

You follow religious doctrine. Everyone does. Your god of me likes slaughtering babies and elderly people.

BTW - the Constitution is based upon Judeo-Christian principles. You’re free to leave if it offends you.

 

[hadit]

George Soros isn't bankrolling radical right wing Supreme Court Judges to turn the USA into a theocracy. Nobody knows who is behind the Federalist Society funding, grooming, and promoting placement of their picks on the Supreme Court, but the rogue court is now ruling in favour of radical right wing religious organizations making SC challenges to on the basis of religion, the majority of the time (58%). Past courts ruled in favour of such churches about 15% of the time.

Soros is publically making donations to leftist causes to help make a difference, and not trying to control the organizations once he donates. This isn't "Dark Money" - money donated by anonymous sources with questionable motive, these donations are made strings free, out in the light.

George Soros - Open Society Founder

Under George Soros’s leadership, we have supported individuals and organizations across the globe fighting for freedom of expression, accountable government, and societies that promote justice and equality.

www.opensocietyfoundations.org

Now all you have to do is prove where and how the Justices are receiving all this money.

 

[CrusaderFrank]

Dredd Scott disagreed.
Democrats never change.

She should be impeached and removed from the court.

Kagan warns that Supreme Court legitimacy at risk if it strays too far from public sentiment

Supreme Court Justice Elena Kagan said on Thursday at a conference that the legitimacy of the Supreme Court is tied to its conformity to public opinion, Reuters first reported. “I’m not talki…

thehill.com

I thought we had to look at laws of Tribal Africa for SCOTUS rulings?

 

[busybee01]

Biden and Democrats are trying to step in and dictate what the states can and can not doing regards to rhe legislative control THEY - not the Federal government - have just been given by the USSC.

The USSC just told the federal government, 'YOU no longer have the power to legislate / dictate the legislation of / regarding abortions down to the states. THEY now control their OWN legislative decision making regarding abortions!'

What they are saying to women is that politicians can tell you what to do with your body. Your medical decisions now have to be cleared by the government. That is fascism.

 

[busybee01]

Most rights are not spedifically written in the constitution.

That includes judicial review.

 

[Circe]

Let’s just use Real Clear Politics average to rule on cases!

Yeah, let's ----

They were so right about the 2016 election, after all.

Every poll, every meta-data poll, every map all summer and fall showed Hillary winning by huge Electoral College counts.

I have never gone back to that site since. Real Clear Politics: What a pile of propaganda lies.

 

[busybee01]

Unlike Alito, who’s rulings follow religious doctrine

It follows Catholic doctrine. Jewish law requires the fetus be aborted if it threatens the life of the mother. Other religious doctrines state that it is not a person until it leaves the womb. Roe vs Wade as a small government decision as was Griswald. They were about restraining the power of government. Big government at the state level is just as bad as big government at the federal level.

 

[easyt65]

What they are saying to women is that politicians can tell you what to do with your body. Your medical decisions now have to be cleared by the government. That is fascism.

That is what was going on when federal politicians held legislative control over abortions. What just happened in Kansas was AMERICAN STATE CITIZENS, not politicians, controlling their own path forward, making their own decisions!


You keep trying to twist it around backwards...perhaps actually believing what you are saying because you are stupid.

 

[Weatherman2020]

It follows Catholic doctrine. Jewish law requires the fetus be aborted if it threatens the life of the mother. Other religious doctrines state that it is not a person until it leaves the womb. Roe vs Wade as a small government decision as was Griswald. They were about restraining the power of government. Big government at the state level is just as bad as big government at the federal level.

No shock you baby killers need to lie constantly.

 

[Leviticus]

And any protection or legislation on those rights fall to the States or, if the State Constitution says differently, to the People. Read the 10th Amendment.

The 10th amends says nothing about rights its about governmental powers. Some morons think it means that ever single law passed has to be spelled out word for word in the constitution.

 

[Leviticus]

That includes judicial review.

Judicial review is a natural byproduct of the court's power of interpreting the constitution.

 

[WEATHER53]

When she said wise Latina she meant emoter

 

[woodwork201]

Sorry, I respectfully disagree on both.

The right to an abortion is not in the Constitution, and the federal govt'spower is limited to only what is spelled out in the Constitutio.


The USSC made the Constitutionally right call, not thr emotional / popular one...IMO.

You didn't read carefully enough.

The Court did not give the States the power over abortion; the States already had it. If we disagree, it can only be on how the States got the power. I say the Court just recognized what constitutional authority the States already had. You're suggesting weren't already the rightful holders of that power until the Court gave it to them. But we're both agreeing that the power is, and belongs, at the State government level.

 

[woodwork201]

What they are saying to women is that politicians can tell you what to do with your body. Your medical decisions now have to be cleared by the government. That is fascism.

Nobody is questioning your right to make your own medical decisions for yourself. As parent, you even get to make the decisions for the baby inside you - except that you don't get to decide to harm it. That's how it is for your children who are not inside you, too. You get to make the medical decisions but not to decide to harm them.

 

[woodwork201]

The 10th amends says nothing about rights its about governmental powers. Some morons think it means that ever single law passed has to be spelled out word for word in the constitution.

That's true. The 9th says that the rights enumerated in the Constitution are not all the rights.

The 10th says that the Federal Government has no authority not in the Constitution. So regulating, limiting, controlling any right not enumerated must be by the States - unless something in the State constitution or law prohibits it, in which case, the power goes to the people.

 

[BlackSand]

This is typical of the far left's insistence that the Constitution is a "living document." It is, but not in the sense they claim. It's living in that we have an amendment process to change it to fit with the times. Kagen is expressing the same opinion Breyer did years ago that the judicial branch can simply change the meaning of it as the times change. The problem with that theory is that if it can mean whatever we decide it means on any given day, it actually means nothing at all.

.

Supreme Court Justices are not Elected Representatives in Congress, and their job is not to represent the will of the People.
It doesn't matter what Associate Justice Kegan wants to argue in regard to that ...

There is a reason we have a Separation of Powers, and defined duties ...
And if she wants to Represent the will of the People, she can resign her position on the Court and run for Congress.

.​

 

[easyt65]

You didn't read carefully enough.

The Court did not give the States the power over abortion; the States already had it. If we disagree, it can only be on how the States got the power. I say the Court just recognized what constitutional authority the States already had. You're suggesting weren't already the rightful holders of that power until the Court gave it to them. But we're both agreeing that the power is, and belongs, at the State government level.

Semantics - the USSC REAFFIRMED the states authority to legislate abortions, as opposed to what Democrats believed.

 

[Leviticus]

That's true. The 9th says that the rights enumerated in the Constitution are not all the rights.

The 10th says that the Federal Government has no authority not in the Constitution. So regulating, limiting, controlling any right not enumerated must be by the States - unless something in the State constitution or law prohibits it, in which case, the power goes to the people.

A right is not a power of government. The supreme court interprets the constitution and have ruled that the 10th amendment applies only to things that are explicit governmeny powers. Rights are not government powers.