1. Scott7217's Avatar
    What is your view on the current US Supreme Court? Is it liberal or conservative? Does it wield too much power? What are some decisions you liked and some that you didn't like? Also, feel free to discuss any particular justices (Roberts, Scalia, Kennedy, Thomas, Ginsburg, Breyer, Alito, Sotomayor, and Kagan) and the possible direction you see this court going in the future.
    11-08-2013 01:59 AM
  2. Farish's Avatar
    What is your view on the current US Supreme Court? Is it liberal or conservative? Does it wield too much power? What are some decisions you liked and some that you didn't like? Also, feel free to discuss any particular justices (Roberts, Scalia, Kennedy, Thomas, Ginsburg, Breyer, Alito, Sotomayor, and Kagan) and the possible direction you see this court going in the future.
    Based on political makeup the Supreme Court is conservative right now, but Kennedy is consider to be the swing vote. The most recent example has been DOMA. The only case in recent memory was the exception was the Obamacare Court case as Roberts was the swing vote.
    11-15-2013 08:47 PM
  3. Timelessblur's Avatar
    I find it pretty conservative by in large and some of those justices are pretty much corrupt and if they were on any other federal court but the supreme court they would be disbarred and well fired. Scalia and Thomas being 2 of the worse.
    Scalia has refused to recluse himself multiple times on case were their was a clear conflict of interest. Something not required of a supreme court but of all the lower court.

    Examples of case that hits both Scalia and Thomas is Gore vs Bush.
    Scalia's son worked for the law firm representing Bush.
    Thomas's wife worked for Bush's Transition team. Both of those are pretty clear conflicts of interest.
    I believe Scalia's had cases that the ruling would heavily effected his pocket book it as he had money fair amount invested in the companies effected. Things like this lower court judges would be required to recluse themselves or fear being disbarred and/or fired.
    11-16-2013 08:37 AM
  4. Fairclough's Avatar
    Courts attempt to be conservative, our highest court called the high court of Australia (supreme is just state level) and smaller courts follow this nature also. The ratio decidendi* to be conservative is usually justified in the obiter dicta**. Generally the justification is that open ended decisions lead to an dramatic increase in cases. Thus if their conservative in nature and make a binding decision with tighter requirements e.g. for a compensation case (like change the standard of remoteness of event occurring to 'not insignificant' (now incorporated into the civil liabilities act 2002) from 'far fetched'). There is a reduction of cases, allowing insurance premiums to dip, allowing recreational clubs to afford insurance etc.

    Limitations are particularly popular with pure economic loss cases. I know are courts act like this in regards to business law and negligence, I presume the same will stand for others.

    However there can be some shockers from this nature. E.g. Andrew Forrest (ceo of Fortescue metals) v AU's security exchanges for misleading / deceiving statements, pretty iffy call in the high court - could of been argued both ways. He announced there was agreement (to make an agreement) with a Chinese state in the media. Shares went up, he sold his off. Bought them back when they dipped. The contention was the wording to the average mum/dad investor sounded like the main contract was signed. It was found of comments of that nature it is expected experience investors would be the main audience and understand the nature of the statement. Not going to knock Andrew even with being a cowboy CEO as he has done some great things. His currently disposing half of his net wealth away towards charities (right now that's about 3 Billion of his personal finances)


    *reason for decesion- lawyers use Latin to sound smarter and get paid more. Not joking, my lecturer a former lawyer admitted it, explains why he changes between mandarin, Latin, English and Cantonese.
    **comments by the judge for the reason but not a binding statement

    (Hopefully this is about right considering its one of my majors)

    - Android Central App. Remember courage is contagious.
    11-16-2013 09:15 AM
  5. Scott7217's Avatar
    Based on political makeup the Supreme Court is conservative right now, but Kennedy is consider to be the swing vote. The most recent example has been DOMA. The only case in recent memory was the exception was the Obamacare Court case as Roberts was the swing vote.
    I think all the conservative justices are holding on for dear life because if they cannot continue to serve (e.g. due to poor health) and must step down, Obama will probably nominate a liberal to the bench.

    I am wondering if Bush regrets his decision to put Roberts as Chief Justice. Roberts' decision on Obamacare was such a shocker than CNN and Fox News put up the wrong headline when the ruling was handed down. (They both thought Obamacare was struck down.)
    11-19-2013 05:19 PM
  6. Scott7217's Avatar
    Audio and written transcripts for Obergefell v. Hodges are now online.

    Supreme Court of the United States

    Docket No. 14-556

    James Obergefell, et al., Petitioners v. Richard Hodges, Director, Ohio Department of Health, et al.

    (Question 1 - website link)

    (Question 2 - website link)
    04-30-2015 08:44 PM

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