HomeLatest ThreadsGreatest ThreadsForums & GroupsMy SubscriptionsMy Posts
DU Home » Latest Threads » Forums & Groups » Main » Editorials & Other Articles (Forum) » Roberts appeared to scold...

Tue Jun 30, 2015, 12:56 PM

Roberts appeared to scold conserv lawyers for using courts as a tool to fight political battles

ThinkProgress

Chief Justice Roberts' Marriage Equality Dissent Has A Hidden Message For Conservatives

Friday’s landmark victory for marriage equality was handed down over the dissents of four justices, each of whom wrote their own dissenting opinion. Of these, by far the most thoughtful and the most significant was Chief Justice John Roberts’s dissent. Roberts rejected the Constitution’s promise of marriage equality — a view which The Onion quipped will someday lead to him being a villain “in an Oscar-winning film about the fight for marriage equality.” Yet, in the process of reaching his conclusion, Roberts also rejected a particularly aggressive brand of judicial conservatism that is rapidly becoming ascendant in conservative legal circles.

Obergefell v. Hodges, in other words, is a double defeat for conservatives. At the same moment that a majority of the Court declared the United States to be a marriage equality nation, Chief Justice Roberts announced to his fellow conservatives that their most ambitious legal cases are doomed to failure.

Roberts’s Obergefell dissent, moreover, needs to be read alongside the decision he handed down just one day earlier — his remarkable majority opinion in King v. Burwell, which appeared to scold his fellow conservative lawyers for using the courts as a tool to fight political battles. “In a democracy,” Roberts wrote in that opinion, “the power to make the law rests with those chosen by the people.” He then added language that will render the Affordable Care Act unusually resistant to legal challenge.

. ...

Read together, Roberts’s King and Obergefell opinions may mark a turning point in American law. They suggest that the chief justice has grown tired of efforts to politicize the judiciary, and that he is particularly annoyed with his fellow conservatives for trying to achieve through litigation what they could not win in elections. If this interpretation of Roberts’s actions proves true, then the chief justice’s dissent from a decision bringing the blessings of equality to all 50 states may, ironically, be one of the most positive developments for liberals in the last several Supreme Court terms.

More
http://thinkprogress.org/justice/2015/06/29/3674897/roberts-obergefell-dissent-conservatives/?utm_source=newsletter&utm_medium=email&utm_campaign=tptop3&elqTrack=true&elqTrackId=9d717e20bcb54ef7b29ee710093f48af&elqaid=26133&elqat=1

3 replies, 1293 views

Reply to this thread

Back to top Alert abuse

Always highlight: 10 newest replies | Replies posted after I mark a forum
Replies to this discussion thread
Arrow 3 replies Author Time Post
Reply Roberts appeared to scold conserv lawyers for using courts as a tool to fight political battles (Original post)
Panich52 Jun 2015 OP
TreasonousBastard Jun 2015 #1
murielm99 Jun 2015 #2
vinny9698 Jul 2015 #3

Response to Panich52 (Original post)

Tue Jun 30, 2015, 01:03 PM

1. But, liberals also use the courts for things we can't get legislated...

although it does seem conservatives are more aggressive at it. Especially nowadays when they have a better chance at winning.

Check out this list:

http://civilrights.findlaw.com/civil-rights-overview/civil-rights-u-s-supreme-court-decisions.html

Reply to this post

Back to top Alert abuse Link here Permalink


Response to Panich52 (Original post)

Tue Jun 30, 2015, 03:22 PM

2. In the sixties, we were always chided

for demonstrating in the streets. We were told to use the "proper channels." We were told to change the laws and use the courts.

When did that change?

Reply to this post

Back to top Alert abuse Link here Permalink


Response to Panich52 (Original post)

Thu Jul 2, 2015, 06:18 PM

3. They are all money making scams.

RW attorneys gin up the base, ask for donations, then they pocket the money. I believe some do not really believe in what they are representing but the money is so damn good. and easy to get.

Reply to this post

Back to top Alert abuse Link here Permalink

Reply to this thread