Bethea's Byte
Announcements
Welcome to Bethea's Byte. | Here is the place you can talk about the topics of the day, have respectful debates, or just air your thoughts and concerns that concern you. || Site Announcements: | Welcome to our newest members, JazzyYaketys and Jackster! We hope you will take part in posting of the topics of the day and just enjoy yourselves. | November 22 is a day to relax, reflect and above all else, give thanks for everything and everyone in our lives. Be safe and enjoy this day of Thanksgiving! Be blessed, friends. || BYTE THIS!
Log in

I forgot my password

Who is online?
In total there is 1 user online :: 0 Registered, 0 Hidden and 1 Guest

None

[ View the whole list ]


Most users ever online was 12 on Sun Aug 05, 2018 2:30 am
November 2018
SunMonTueWedThuFriSat
    123
45678910
11121314151617
18192021222324
252627282930 

Calendar Calendar

Latest topics
» How Offended Are We? Depends On Our Opinions These Days.
Today at 4:51 pm by The Last Outlaw

» The metric vs imperial measurements Systems
Today at 10:17 am by Naiwen

» President Trump Says He 'Should Have' Attended Veterans Day Ceremony In Rare Display Of Regret
Yesterday at 5:34 pm by The Last Outlaw

» BREAKING NEWS: CIA Concludes Saudi Crown Prince Ordered Jamal Khashoggi’s Assassination
Yesterday at 4:03 pm by The Last Outlaw

» Judge Orders White House To Return Acosta Pass
Yesterday at 8:02 am by The Last Outlaw

» Florida Recount: DeSantis Looks Certain To Win Governor’s Race; Senate Contest Goes To A Manual Recount
Thu Nov 15, 2018 9:32 pm by The Last Outlaw

» Democrat Porter Flips GOP House seat in Southern California
Thu Nov 15, 2018 8:30 pm by The Last Outlaw

» What are your plans for the day.
Thu Nov 15, 2018 2:15 pm by Naiwen

» 'You're A Terrorist,' Says Note Sent To 10-Year-Old Muslim Schoolgirl In Massachusetts
Wed Nov 14, 2018 11:39 pm by The Last Outlaw

» Last thing you ate/drank
Wed Nov 14, 2018 7:57 pm by toetapping

» What are you looking forward to right now?
Wed Nov 14, 2018 1:48 pm by Naiwen

» FOX News Backs CNN’s Lawsuit Against Trump Administration
Wed Nov 14, 2018 11:33 am by The Last Outlaw

» CNN Tried to Make Peace Before Suing Trump Over Jim Acosta
Tue Nov 13, 2018 4:15 pm by The Last Outlaw

» The White House Is Changing Its Tune On Why It Yanked Jim Acosta’s Press Pass
Tue Nov 13, 2018 3:41 pm by The Last Outlaw

» My Dream Diary!
Tue Nov 13, 2018 2:18 pm by Naiwen

» America's Most Trusted TV News Anchors Revealed (Exclusive Poll)
Tue Nov 13, 2018 1:01 pm by The Last Outlaw

» Democrat Kyrsten Sinema Wins Arizona US Senate Seat
Mon Nov 12, 2018 9:00 pm by The Last Outlaw

» Favorite Movie Company?
Mon Nov 12, 2018 5:23 pm by Mozzie

» Ousted Minnesota Republican Faults McCain For Losing House
Mon Nov 12, 2018 4:10 pm by The Last Outlaw

» ‘We Are Armed Now’: In Kentucky, Shootings Leave A Black Church And The White Community Around It Shaken
Mon Nov 12, 2018 7:58 am by The Last Outlaw

Affiliate With Bethea’s Byte


Bethea's Byte






The Coffee House


The Friendly Bunch


Planet Nexus


Dynamik


Friendly Faces


mindsConnected


IconSkouliki


Atrium


Atrium

From Abortion To Affirmative Action, How Trump's Supreme Court Pick Could Change America

View previous topic View next topic Go down

avatar
The Last Outlaw
Head Administrator
Head Administrator
Male Posts : 451
Age : 42
Join date : 2018-05-25
Location : Salem, Oregon, USA
Status :

View user profile http://betheasbyte.forumotion.com

PostThe Last Outlaw on Sat Jun 30, 2018 3:10 pm


From The Guardian

Caleb Gayle in New York for The Guardian wrote:

Donald Trump is considering which of his conservative picks for the supreme court he will to nominate to take the seat vacated by Justice Anthony Kennedy this week. Whoever is chosen, their appointment, if approved, could upend legal precedent on key issues where Kennedy, arguably a moderate conservative, had been counted as a crucial swing vote.

Abortion
After Kennedy’s retirement, perhaps of greatest concern for the left is the question mark that now hovers over Roe v Wade, the landmark 1973 supreme court case that recognized a woman’s constitutional right to an abortion.

During a pivotal reconsideration of the rights secured by Roe v Wade in 1992, Kennedy upset the anti-abortion movement by casting the crucial vote to uphold a woman’s right to choose. He defended it again 2006.

Trump’s shortlist has more conservative legal minds, many of whom have been open about their anti-choice views. William Pryor, an appeals judge on the 11th circuit, has previously called Roe v Wade the “worst abomination in the history of constitutional law”.

Affirmative action
Kennedy has continued to evolve on affirmative action, which advances members of groups known to have experienced discrimination. Kennedy cast the fifth vote in the 2007 supreme court decision against Seattle and Louisville plans to use race to account for diversity and integration in schools. In 2016, however, Kennedy’s vote proved pivotal when the court upheld the University of Texas’s affirmative action programs, which used race as one of its admissions factors.

Trump’s justice department has sided with a group suing Harvard for allegedly discriminatory admissions process, which might signal the sort of perspective on affirmative action he could expect his nominee to hold.

LGBT rights
Kennedy might be best known for penning the majority opinion in Lawrence v Texas in 2003, which argued for respect for the private lives of a gay couple and subsequently all couples, same-sex or not. He followed that up with writing the majority opinion of the court in Obergefell v Hodges providing the legal basis for same-sex marriage.

But in 2000, Kennedy cast his vote upholding the right of Boy Scouts of America to deny scoutmastership to gay men, and also penned the opinion in the more recent Masterpiece Cakeshop case, which affirmed the right of the baker to refuse to bake a cake for a gay couple.

Observers expect Trump’s nominee to trade in Kennedy’s uncertainty for a more steadfast position against LGBT rights. The current fifth circuit court judge and former Texas supreme court judge Don Willett, who is on the shortlist, mocked same-sex marriage in a tweet that said: “I could support recognizing a constitutional right to marry bacon.”


Civil rights and national security
On two separate occasions, Kennedy demonstrated his penchant for retaining the writ of habeas corpus, the right for a person in detention to challenge that detention if they deem it to be unlawful. In the case of Rasul v Bush he concurred with the majority that Congress should ensure that Guantánamo prisoners can petition for habeas corpus. And while America was deep in the throes of its new war on terror amid a changing landscape on national security law, Kennedy wrote the majority opinion of 2008’s Boumediene v Bush, assuring the provision of habeas rights to terrorists in indefinite custody.

And when a reporter asked “Would you try to get the military commissions – the trial court there – to try US citizens?” Trump stated: “I know that they want to try them in our regular court systems, and I don’t like that at all.”

Voting rights
In 2013, civil rights organizations decried the court’s majority opinion in Shelby county v Holder, which limited the federal oversight of states that historically exhibited discrimination in voting. Again, Kennedy cast the pivotal fifth vote as Chief Justice Roberts, and wrote optimistically “our country has changed”, placing the onus on Congress to pass legislation to tackle the issue.


Corporations
Trump is likely to nominate another justice with judicial philosophies favorable to corporations. Citizens United v FEC, the 2010 decision that gave rise to Super Pacs, has had perhaps one of the most significant impacts on America’s electoral system and will probably continue to do so, with Trump’s next nominee. America has Justice Kennedy to thank for penning that decision. As Kennedy put it, “an independent expenditure is political speech”.

And just moments before his retirement was announced on Wednesday, unions decried the court’s reasoning in Janus, that collecting fees from non-union members to aid collective bargaining violates the first amendment.

Criminal justice
Proponents of criminal justice reform should not expect much to change. “I am the law and order candidate,” Trump routinely reminded his supporters during his 2016 campaign. Trump’s next nominee will sit in the chair of the man who found that the death penalty is acceptable if there is no mitigating evidence, and that the government bears no responsibility in situations of abuse in private prisons.

I wonder exactly how much change in SCOTUS will Trump's pick make.  That is a scary thought that Trump is currently wrestling with.  It won't be an easy one, but given Trump's track record, it's safe to say he knows who and what he wants.

Just saying.

_________________

View previous topic View next topic Back to top

Create an account or log in to leave a reply

You need to be a member in order to leave a reply.

Create an account

Join our community by creating a new account. It's easy!


Create a new account

Log in

Already have an account? No problem, log in here.


Log in

 
Permissions in this forum:
You cannot reply to topics in this forum