Alito and Thomas write long opinion criticizing Obergefell (user search)
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  Alito and Thomas write long opinion criticizing Obergefell (search mode)
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Author Topic: Alito and Thomas write long opinion criticizing Obergefell  (Read 1290 times)
Ferguson97
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« on: October 05, 2020, 09:03:03 AM »

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Ferguson97
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« Reply #1 on: October 05, 2020, 09:10:43 AM »

Alito and Thomas gonna Alito and Thomas.

What would a case to overturn Obergefell even look like? A deep-red state would have to start by re-banning SSM by statute in order for anybody to have standing, and I don't see the political will for that materializing even in the Bible Belt.

They could probably rule that individuals have the right to refuse to issue marriage licenses on the basis of religious liberty, which could in effect ban it in certain parts of the country.
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Ferguson97
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« Reply #2 on: October 05, 2020, 10:03:55 AM »

These two guys are an embarrassment to the SC. You know you’re a bad Justice when you make Trump’s nominations look good.

I don't think Thomas is an embarrassment to the Court as such, he just has an extreme and somewhat idiosyncratic philosophy; so did, for example, William O. Douglas in the other direction.

Alito, on the other hand, is the platonic ideal of a GOP hatchet man unconvincingly posing as an impartial jurist.
I just read their opinion piece and it’s even worse than I thought. They provide no argument for why the 14th Amendment doesn’t apply to same sex marriage. They just whine about how they’re being called homophobes and how it’s not fair for those poor religious nuts who now have to be upset about gay people, that they don’t even know, getting married.

Welcome to the modern conservative moment
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