Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

Panich52

(5,829 posts)
Tue Jun 30, 2015, 12:56 PM Jun 2015

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 = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Roberts appeared to scold conserv lawyers for using courts as a tool to fight political battles (Original Post) Panich52 Jun 2015 OP
But, liberals also use the courts for things we can't get legislated... TreasonousBastard Jun 2015 #1
In the sixties, we were always chided murielm99 Jun 2015 #2
They are all money making scams. vinny9698 Jul 2015 #3

TreasonousBastard

(43,049 posts)
1. But, liberals also use the courts for things we can't get legislated...
Tue Jun 30, 2015, 01:03 PM
Jun 2015

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

murielm99

(30,733 posts)
2. In the sixties, we were always chided
Tue Jun 30, 2015, 03:22 PM
Jun 2015

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?

vinny9698

(1,016 posts)
3. They are all money making scams.
Thu Jul 2, 2015, 06:18 PM
Jul 2015

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.

Latest Discussions»Issue Forums»Editorials & Other Articles»Roberts appeared to scold...