This is the strangest Supreme Court decision coalition I've ever seen
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  This is the strangest Supreme Court decision coalition I've ever seen
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Author Topic: This is the strangest Supreme Court decision coalition I've ever seen  (Read 621 times)
I spent the winter writing songs about getting better
BRTD
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« on: June 25, 2019, 12:39:45 AM »

https://www.nbcnews.com/politics/supreme-court/supreme-court-allows-trademark-f-word-soundalike-n1014796

Supreme Court struck down a law banning "indecent" and "scandalous" trademarks in a 6-3 decision thus allowing a trademark to be registered for a clothing line called FUCT. It was: Kagan (writing the decision) with...Gorsuch, Kavanaugh, RBG, Thomas and Alito. Roberts, Sotomayor and Breyer dissented. Never thought I'd see that!

I agree with the decision though.
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Dr Oz Lost Party!
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« Reply #1 on: June 25, 2019, 12:49:36 AM »

Get FUCT partisan politics!
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shua
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« Reply #2 on: June 25, 2019, 12:56:29 AM »

https://www.nbcnews.com/politics/supreme-court/supreme-court-allows-trademark-f-word-soundalike-n1014796

Supreme Court struck down a law banning "indecent" and "scandalous" trademarks in a 6-3 decision thus allowing a trademark to be registered for a clothing line called FUCT. It was: Kagan (writing the decision) with...Gorsuch, Kavanaugh, RBG, Thomas and Alito. Roberts, Sotomayor and Breyer dissented. Never thought I'd see that!

I agree with the decision though.

I would have expected Alito to go the other way.
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Mr. Reactionary
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« Reply #3 on: June 25, 2019, 06:34:25 AM »

https://www.nbcnews.com/politics/supreme-court/supreme-court-allows-trademark-f-word-soundalike-n1014796

Supreme Court struck down a law banning "indecent" and "scandalous" trademarks in a 6-3 decision thus allowing a trademark to be registered for a clothing line called FUCT. It was: Kagan (writing the decision) with...Gorsuch, Kavanaugh, RBG, Thomas and Alito. Roberts, Sotomayor and Breyer dissented. Never thought I'd see that!

I agree with the decision though.

I would have expected Alito to go the other way.


This, although after the strengthening of the test for any sort of facial content discrimination under the 1st amendment its getting harder to deviate from in opinions like this. Usually its just Breyer dissenting or concurring by pointing to the his awful views that rights are not rights and are only worthy of protection if he personally likes the use of the rights.

Free speech wise Alito does usually advocate for greater protection *other than for porn or animal fighting.
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MarkD
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« Reply #4 on: June 25, 2019, 10:41:21 AM »

There's no reason for the Justices to divide into the usual conservative v. liberal camps with an issue like this. And I've seen a strange coalition of Justices before, also divided 6 to 3. Troxel v. Granville, 2000, presented an issue of parental rights and the majority Justices were Rehnquist, O'Connor, Ginsburg, Breyer, Souter, and Thomas while the dissenters were Kennedy, Scalia, and Stevens. So that's three conservatives and three liberals in the majority while two conservatives and one liberal dissented.
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Crumpets
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« Reply #5 on: June 25, 2019, 11:46:20 AM »

Watch this turn out to be the next major realignment in American politics.
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I spent the winter writing songs about getting better
BRTD
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« Reply #6 on: June 25, 2019, 12:59:43 PM »

Honestly Sotomayor is usually my favorite justice but her dissent here was just awful. It basically amounts to her thinking that the clothing line name is tasteless and thus not wanting to trademark it.
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Mr. Reactionary
blackraisin
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« Reply #7 on: June 25, 2019, 01:02:59 PM »

Honestly Sotomayor is usually my favorite justice but her dissent here was just awful. It basically amounts to her thinking that the clothing line name is tasteless and thus not wanting to trademark it.

Thats Breyer's evil, bs understanding of rights ... rights are only protected rights if he personally sees value if the particular exercise of the right on a case by case basis.
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Nyvin
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« Reply #8 on: June 25, 2019, 01:36:42 PM »

It was a good majority decision.  Alito siding with the majority is really surprising.  The government shouldn’t get involved with this stuff
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Okay, maybe Mike Johnson is a competent parliamentarian.
Nathan
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« Reply #9 on: June 25, 2019, 01:45:06 PM »

City of Boerne v. Flores was a religion-related case from the nineties that had a pretty strange coalition too. Kennedy, Rehnquist, Stevens, Thomas, Ginsburg, and Scalia struck down the parts of the Religious Freedom Restoration Act of 1993 that applied to the states with O'Connor, Souter, and Breyer dissenting.
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