The majority opinion in Brunetti, authored by Justice Kagan and joined by Justices Thomas, Ginsburg, Alito, Gorsuch, and Kavanagh, stated that the “immoral” or “scandalous” bar is likewise unconstitutional because it similarly discriminates on the basis of viewpoint.
Justices Roberts, Breyer, and Sotomayor each wrote opinions that concurred in part and dissented in part. All three dissenting Justices agreed that the prohibition on “immoral” material was unconstitutional, but each would have permitted a narrow viewpoint-neutral application of the prohibition against “scandalous” material to prohibit marks that are obscene, vulgar, or profane.
Um... Kagan, Thomas, Ginsburg, Alito, Gorsuch, and Kavanaugh in the majority with Roberts, Breyer, and Sotomayor dissenting? What fresh hell did we just enter here folks? Up is down, black is white, and Roger really has an above average IQ?
This is just one of quite a few recent examples of decisions where there has been crossover on both sides. Just the other day, Gorsuch and Kavanaugh agreed with most of the liberals (not all, because one of them sided with Roberts, Thomas, & Alito).
It's like picking you letters in scrabble, where you just randomly pick five or six Justices and put them in the majority?
I have a gut feeling that these are just unique and interesting cases with a great deal of nuances. I also feel like Gorsuch and Kavanaugh may be tied to certain principles that are somewhat unique to them, which is why you may see one or the other crossing over occasionally.
Overall I believe this is healthy for the court. I say that coming from someone who would generally like the 5 Conservative Justices to stick together on most important decisions. But for the long term credibility of the court, the more these Judges float back and forth from issue to issue the less partisan the public will see them.
Unfortunately, not that many people will follow these sorts of cases. Likely the next time we have something politically charged, it will turn out 5-4 again, and that's all people will remember.
10 comments:
Up is down, black is white, and Roger really has an above average IQ?
I live in your mind.
Roberts is not a hard line original intent justice.
We all know that free speech is not absolute. You can't call fire in a movie theater. In this case I would have sided with Roberts. Obscene language is not dangerous.
rrb can call Hispanics beaners. We can even use the "N" word. But you might get the shit kicked out of you in some locations.
I live in your mind.
psychologically projecting again alky?
shit, trump and I have taken up such permanent residence in your gin soaked skull he and i are talking about turning it into condos.
look alky, none of the regulars around here on our side give you a second thought away from this blog.
YOU, on the other hand feel the need to troll us with some phony "chtsuckdick.org" moniker.
mail order dumped your mentally ill ass for a reason alky...
...and it was just in the nick of fucking time.
Exactly RRB
Roger, you asked for a place of your own on this blog . You where going to bury CHT . Yet he is standing and your side of the blog like your 2nd Marraige is dead.
Racist Biden vs. Race Pimp Booker
"Booker said in a statement he was “disappointed” Biden had yet to issue an “immediate apology.”
“Cory should apologize,” Biden said in response on Wednesday. “He knows better. Not a racist bone in my body. I've been involved in civil rights my whole career. Period. Period. Period.”
"Appearing on CNN later Wednesday night, Booker said, “I was surprised he didn't apologize.”
The Alky Blog.
Wednesday, January 25, 2017
The Trump Depression"
Yep, where is it Alky?
Just a regular Joe Deva .
"
oe Biden is contractually obligated to receive angel hair pomodoro at every paid speech
Joe Biden is a candidate of habit.
When Biden was in the Senate, he was often its poorest member — a designation he's proudly touted even on the 2020 campaign trail. Yet Biden turned his finances around after his time as vice president, and seemingly hasn't figured out a creative way to use his fortune.
Since leaving office, the 2020 frontrunner has pulled in "millions of dollars largely from book deals and speaking fees that ranged to as much as $200,000 per speech," The Washington Post reports via public documents. And at every one of those events, Biden has maintained one very major demand: Pasta. Contracts required that his speech hosts serve him "angel hair pomodoro, a caprese salad, topped off with raspberry sorbet with biscotti," the Post reports. He'd wash it down with "Coke Zero, Regular Coke, Orange Gatorade and black coffee," all of which had to be in his dressing room, the Postcontinues."
Here is Alky's newest Rock Star.
"CNN presenter Anderson Cooper quickly moved to an advert break after E Jean Carroll declared: "I think most people think of rape as being sexy... Think of the fantasies."
Damn idiot .
Robert Mueller will testify in public on July 17th before the House Intelligence and House Judiciary committees, following subpoenas.
House Intelligence Committee Chairman Adam Schiff told Rachel Maddow that Mueller did not want to testify, but agreed to comply with the subpoenas. The testimony is expected to be in front of cameras and on live TV.
“The American people get a chance to hear directly from him and get their questions answered,” he said.
Rep. Schiff said that a closed session will follow the consecutive hearings with Mueller. The former special counsel's staff will answer potentially sensitive questions in private.
Pageviews past week 239
The Trumpet player is losing his mind.
Blogger Roger Amick said...
Pageviews past week 239
with mail order gone i guess you've got nothing better to do than visit your hospice blog 239 times in a week, eh alky?
good for you.
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