Skip to main content

View Diary: Supreme Court effectively kills presidential recess appointments (196 comments)

Comment Preferences

  •  Kinda 9-0, kinda 5-4 (8+ / 0-)

    Roberts sides with the liberal four to say "here's some other ways you could've tried to protect women," while the remaining conservatives were all "more speech for clinic blockers."

    •  C'mon now Adam.. thats some serious parsing (1+ / 0-)
      Recommended by:
      AlexDrew

      Yes jusitices like Scalia and Alito wanted to go further, like completely overturning Hill or something, but concurrence in judgement is concurrence in judgement.

      Put simply:  Not a single justice on the Supreme Court dissented from this ruling.

      Красота спасет мир --F. Dostoevsky

      by Wisper on Thu Jun 26, 2014 at 09:06:41 AM PDT

      [ Parent ]

      •  In that case, call Bush v. Gore a 7-2 ruling (1+ / 0-)
        Recommended by:
        Lujane

        because Breyer and Souter agreed there was an equal protection violation.

        Adam is right.  It's 9-0 for Noel Canning, but 5-4 on the reasoning.

        My country, right or wrong; if right, to be kept right; and if wrong, to be set right. -- Senator Carl Schurz(MO-1899)

        by Adam Blomeke on Thu Jun 26, 2014 at 09:22:15 AM PDT

        [ Parent ]

        •  There were four separate dissents filed in Bush (2+ / 0-)
          Recommended by:
          Adam Blomeke, AlexDrew

          Formally written and part of the record.

          How many were there for Noel Canning?

          Красота спасет мир --F. Dostoevsky

          by Wisper on Thu Jun 26, 2014 at 09:35:12 AM PDT

          [ Parent ]

          •  Two (0+ / 0-)
            BREYER, J., delivered the opinion of the Court, in which KENNEDY, GINSBURG, SOTOMAYOR, and KAGAN, JJ., joined. SCALIA, J., filed an opinion concurring in the judgment, in which ROBERTS, C. J., and THOMAS and ALITO, JJ., joined.
            http://www.supremecourt.gov/...

            My country, right or wrong; if right, to be kept right; and if wrong, to be set right. -- Senator Carl Schurz(MO-1899)

            by Adam Blomeke on Thu Jun 26, 2014 at 09:37:47 AM PDT

            [ Parent ]

            •  Must be my browser then (3+ / 0-)

              Because they keep coming up as "Concurring Opinions" on my screen.   I should get that checked.

              Or maybe its the site because I can look at things like McConnell v FEC and very distinctly see two dissents and three concurrences clearly delineated.

              Meh.. its a new opinion.  Maybe the website just posted it wrong in a rush to get it out to the public.  IO'm sure they'll fix it.

              I look forward to seeing these dissenting opinions on such a key Constitutional question.

              Красота спасет мир --F. Dostoevsky

              by Wisper on Thu Jun 26, 2014 at 09:46:50 AM PDT

              [ Parent ]

            •  Sorry, (0+ / 0-)

              two opinions, no dissents.

              The problem with Bush v. Gore (among many, obviously) was that it was a per curiam opinion when it should not have been.  That convolutes things alot.  The dissents were such because they all in one form or another disagreed with the remedy.  Breyer and Souter joined with the parts of the Per Curiam that they agreed with.  It was a mess of an opinion that was written in one day.

              How would you categorize Planned Parenthood v. Casey?

              My country, right or wrong; if right, to be kept right; and if wrong, to be set right. -- Senator Carl Schurz(MO-1899)

              by Adam Blomeke on Thu Jun 26, 2014 at 09:49:12 AM PDT

              [ Parent ]

Subscribe or Donate to support Daily Kos.

  • Recommended (141)
  • Community (59)
  • Elections (39)
  • Civil Rights (36)
  • Culture (32)
  • 2016 (32)
  • Law (27)
  • Environment (26)
  • Texas (26)
  • Economy (26)
  • Baltimore (26)
  • Bernie Sanders (24)
  • Labor (23)
  • Hillary Clinton (22)
  • Republicans (18)
  • Rescued (18)
  • Health Care (18)
  • Barack Obama (18)
  • International (17)
  • Media (16)
  • Click here for the mobile view of the site