83
this post was submitted on 20 Jun 2024
83 points (94.6% liked)
News
23259 readers
3316 users here now
Welcome to the News community!
Rules:
1. Be civil
Attack the argument, not the person. No racism/sexism/bigotry. Good faith argumentation only. This includes accusing another user of being a bot or paid actor. Trolling is uncivil and is grounds for removal and/or a community ban. Do not respond to rule-breaking content; report it and move on.
2. All posts should contain a source (url) that is as reliable and unbiased as possible and must only contain one link.
Obvious right or left wing sources will be removed at the mods discretion. We have an actively updated blocklist, which you can see here: https://lemmy.world/post/2246130 if you feel like any website is missing, contact the mods. Supporting links can be added in comments or posted seperately but not to the post body.
3. No bots, spam or self-promotion.
Only approved bots, which follow the guidelines for bots set by the instance, are allowed.
4. Post titles should be the same as the article used as source.
Posts which titles don’t match the source won’t be removed, but the autoMod will notify you, and if your title misrepresents the original article, the post will be deleted. If the site changed their headline, the bot might still contact you, just ignore it, we won’t delete your post.
5. Only recent news is allowed.
Posts must be news from the most recent 30 days.
6. All posts must be news articles.
No opinion pieces, Listicles, editorials or celebrity gossip is allowed. All posts will be judged on a case-by-case basis.
7. No duplicate posts.
If a source you used was already posted by someone else, the autoMod will leave a message. Please remove your post if the autoMod is correct. If the post that matches your post is very old, we refer you to rule 5.
8. Misinformation is prohibited.
Misinformation / propaganda is strictly prohibited. Any comment or post containing or linking to misinformation will be removed. If you feel that your post has been removed in error, credible sources must be provided.
9. No link shorteners.
The auto mod will contact you if a link shortener is detected, please delete your post if they are right.
10. Don't copy entire article in your post body
For copyright reasons, you are not allowed to copy an entire article into your post body. This is an instance wide rule, that is strictly enforced in this community.
founded 1 year ago
MODERATORS
you are viewing a single comment's thread
view the rest of the comments
view the rest of the comments
While that may very well all be true, her written concurring opinion pretty bluntly excoriated the originalist doctrine and was a pretty clear and unabashed criticism of Clarence Thomas.
The reason it's news is because she seemed to fully believe in originalist interpretative methodology during her tenure at SCOTUS, but she now seems to be changing her mind about it's viability as conservative judicial orthodoxy. It doesn't make her suddenly noble, but it indicates that she might become another swing vote along with Roberts on future cases.
You should actually read the article and read her opinion. It's a pretty aggressively critical shift. If you have been following SCOTUS decisions and positioning, it's newsworthy.
That's all well and good, but remember,
...is what matters at the end of the day.
They were all concurring opinions. The decision was unanimous.
Everything you said is true, but I still think her shift is being overblown. The opinion in which she criticized Thomas’s historical approach was a concurring opinion, she agreed with the result, but not the methodology. The result is what the vast majority of Americans will see, not that she happened to take a different road to get to the same place.
And in the same concurring opinion, she had the audacity to hold up stare decisis, despite her hair-trigger willingness to overturn precedent in critical cases like Dobbs.
I follow the court, and read the article. I guess I’m just way more cynical than you. I appreciate your moderating tone though, I hope I’m wrong about her.
You just caught me on a slightly less cynical day I guess. I share your concern and, generally, your cynicism, but I'm trying to find a little hope on this one. I would also note that every opinion was concurring on this case. It was unanimous.
Regardless, thanks for you kind tone.
It is no different than Republicans in Congress making symbolic votes when they know that a bill will pass without their support. I could not care less about what stuff she says in a concurring opinion. It will be newsworthy when she actually rules separately from the rest of the heritage foundation appointees.
K
I read the article, and my take was more that I get a feeling she is gearing up to go against originalist doctrine FOR A REASON. Possibly she thinks something in the original Constitution is too liberal and anti-Jesus, so she wants to vote against things that follow that. It's hard to put in words my feeling, but it wasn't that this was a good thing.
Read the opinion and recognize the context. It was a direct criticism of another, more conservative justice. Take the W when it presents itself.