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zataomm  8mo ago (text post)   5620 thread views

Colorado Supreme Court Thread

Link to the decision

I don't know to what extent there are established precedents for when a topic is worthy of a mega-thread, but this decision seems like a big deal to me with a lot to discuss, so I'm putting this thread here as a place for discussion. If nobody agrees then I guess they just won't comment.

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But what does that have to do with being partisan? His point is that Thomas, by being very willing to throw out precedent, ends up being ineffective as a justice. Like it or not, the ability to influence other justices, and thereby influence majority opinions, is a big part of the job. You say that Alito's reasoning is political, not legal, but the internal deliberations of the Court are partly political, in the broad sense. If including "all deliberate speed" in Brown was necessary . But that is not the norm. You are singling out Alito for behavior that all the justices engage in. Moreover, that kind of behavior is often necessary in order to do what you think the law demands in the long run, because judge-made law is nothing but slippery slopes. See, eg, the de facto abandonment of the Lemon test.

I thought that was obvious enough to not need stating. He is a partisan hack because he reliably finds his way to the GOP-aligned position every time, and he's flexible about how he gets there.

I guess I don’t understand why you are saying that, when I specifically asked what evidence you have for that exact claim. No offense, but it sounds like you don’t have any.

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