Supreme Court of the United States, II

[onejayhawk]

It has been over two years since the Kavanaugh nomination closed the last dedicated thread. Trump has likely placed his last Justice. Maybe we can talk cases now.

Catholic Diocese v State of New York is causing very few waves, though some see it as landmark. here is an article: https://www.scotusblog.com/2020/11/...dance-limits-on-worship-services/#more-297905

Gorsuch had this line, "Even if the Constitution has taken a holiday during this pandemic, it cannot become a sabbatical.”

I don't see how the Court could decide in any other way. Constitution overrules police power, even when public safety is involved. It's worth noting this also applies to protests.

What's your take?

J

 

[amadeus]

Disclaimer: I have done only a very cursory reading on the case.

I think the court was sort of (?) right in its decision based on the strict reading of the order and the First Amendment, and Cuomo is at fault for giving a bad order when one that could accomplish the same thing just written a different way.

I’m thinking here too of a hypothetical case: could the authorities shut down a church if the building inspector had it condemned for some structural fault? Would this be an unconstitutional restriction on the right of parishioners to worship? I don’t think so, given that what I would say is gross negligence presents a clear danger to the congregation. Well, same with the coronavirus—if meeting in a church results in a danger to the congregation or the population at large, should public authorities not have the power to intervene?

I would not take the Bill of Rights to be so literal as to not forbid any kind of intervention in an emergency. Of course, the problem becomes who defines an “emergency” and what is its scope? I guess that’s what the court is supposed to do.

 

[Colonel]

This isn't as contested as people think. In this specific instance had the Governor just issued an order in regard to all places where gatherings could occur it wouldn't have been ruled this way. In essence based on the order as written it targeted religious facilities while allowing other similar secular businesses to operate in a less restrictive manner. What I have observed from this court thus far is that it is adhering to a strict text interpretation of laws and the Constitution. Hence ACA cases being struct down. It should stand as a good omen as one at least knows what to expect.

 

[Cutlass]

Justice Alito Ripped for Repeatedly Ignoring That It Was Justice Sotomayor’s Turn to Speak
Colin KalmbacherNov 30th, 2020, 7:05 pm

U.S. Supreme Court Justice Samuel Alito was raked through the coals on Monday after he repeatedly ignored the chief justice and delayed Justice Sonia Sotomayor from asking questions during oral arguments in a high-profile case about the role of undocumented immigrants for apportionment purposes.

New York Solicitor General Barbara Underwood was being quizzed during her time on the digital dais about the Empire State’s opposition to the Trump administration’s controversial efforts to exclude undocumented immigrants from the redistricting process.

As Underwood finished answering one of Alito’s questions regarding the potential impact of the high court’s decision in the case stylized as Trump v. New York, Chief Justice John Roberts attempted to move down the line of appointment by calling on Sotomayor. That didn’t quite work out as Justice Alito barrelled on through, going over his time and asking Underwood another question.

“Justice Sotomayor?” the George W. Bush appointed chief justice asked, signaling that it was Sotormayor’s turn to ask questions.

“If I can–If I can move on to my second–my second point,” Alito, a fellow Bush appointee, ignored Roberts. “I want to give you six categories of people and ask you to answer ‘yes’ or ‘no’ to the extent you can whether you think these people in each of these categories must be counted for apportionment purposes.”

Alito went on to rattle off three categories of people before Roberts cut him off and attempted to get the liberal justice her due time.

“Justice Sotomayor?” Roberts asked again.

“Uhh, the chief–” Alito attempted before being cut off a third and final time by Roberts.

“Justice Sotomayor?”

Questioning then resumed as scheduled.

Response from legal commentators was brutal and of a piece.

So Alito is so determined to push his political agenda that he's entirely ignoring procedure and courtesy to do it.

https://lawandcrime.com/supreme-cou...that-it-was-justice-sotomayors-turn-to-speak/