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Tags Bush v. Gore , judicial activism , political gaffes , republicans , Roper v. Simmons , supreme court decisions , tom delay

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Old 17th May 2010, 12:52 PM   #41
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Originally Posted by pgwenthold View Post

BTW, what was the final tally?

Majority: Kennedy, Stevens, Ginsburg, Sotomayor, Roberts, Breyer

Dissent: Thomas, Scalia, Alito
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Old 17th May 2010, 01:24 PM   #42
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Originally Posted by Alferd_Packer View Post
Majority: Kennedy, Stevens, Ginsburg, Sotomayor, Roberts, Breyer

Dissent: Thomas, Scalia, Alito
I'm curious, what are some of the cases where Thomas and Scalia ruled differently?
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Old 17th May 2010, 11:59 PM   #43
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Originally Posted by pgwenthold View Post
I'm curious, what are some of the cases where Thomas and Scalia ruled differently?
Recently Alito was all alone in supporting a law prohibiting distribution of depictions of animal cruelty.

ETA: Oops, you were only asking about Thomas and Scalia.

I think you'll have to Google that because I don't know.
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Old 18th May 2010, 06:55 AM   #44
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Originally Posted by Puppycow View Post
Recently Alito was all alone in supporting a law prohibiting distribution of depictions of animal cruelty.

ETA: Oops, you were only asking about Thomas and Scalia.

I think you'll have to Google that because I don't know.
A couple of years ago, someone posted here some statistics that presumed to show that the concordance between Thomas and Scalia was no bigger than between Thomas and someone like Souter or something like that. I have a hard time believing that, but I know these types of stats are certainly tracked. However, I wonder if that was a hair-splitting analysis, where it said they went different if even though they gave the same ruling, they used different analysis to derive their result? I can believe that Thomas often has different justification from Scalia (Thomas never met a precedent he couldn't overturn), but nonetheless, they coincidentally always come to the same conclusion...
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Old 18th May 2010, 07:08 AM   #45
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Originally Posted by pgwenthold View Post
I'm curious, what are some of the cases where Thomas and Scalia ruled differently?
Here's one.
Originally Posted by Brown View Post
In a case decided just yesterday, New Jersey vs. Delaware, Justice Thomas was the deciding vote, and he did not join with Justice Scalia, who dissented.

The case was an interesting one, because it involved two neighboring states in an ongoing border feud, and the case was brought to the Supreme Court directly (not through appeal). In this particular case, Delaware thought that New Jersey was trying to build a facility in the Delaware River next to its territory, and the facility that might be hazardous. Apparently emotions ran high, and there were concerns about one state invading another.
Although this was posted in an April Fools thread, the case is quite real ... and quite strange.

As I've mentioned in the past, Justices Scalia and Thomas almost always vote together on issues pertaining to civil liberites and the Bill of Rights... but they do not alsways agree on a rationale. Thomas, for example, took an absurd view that the very first right in the Bill of Rights is not an individual right at all but is actually a right of the States. Thus, if a State establishes an official religion, citizens have no legal cause to gripe. Justice Stevens ridiculed the proposal and no other Justice, not even Scalia, would defend it.
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Old 18th May 2010, 07:13 AM   #46
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Originally Posted by LostAngeles View Post
That's it.

There will be a bake sale this weekend. Hopefully we can raise enough money to make Tom DeLay a nice big cup of SHUT. THE. F%$#. UP.
Here's one for free.
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Old 18th May 2010, 10:02 AM   #47
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