Justice Kagan’s Dissent
Posted: 29 June 2018 03:26 PM   [ Ignore ]
Sr. Member
Avatar
RankRankRankRank
Total Posts:  3519
Joined  2009-01-07

Since there has been some conversation about judges recently, I thought I would throw this out there. Justice Kagan wrote the dissent in the case about public sectors unions collecting dues (Janus v. American Federation of State, County, and Municipal Employees, Council 31). In closing, she made the following argument - thoughts? 

And maybe most alarming, the majority has chosen the winners by turning the First Amendment into a sword, and using it against workaday economic and regulatory policy. Today is not the first time the Court has wielded the First Amendment in such an aggressive way. See, e.g., National Institute of Family and Life Advocates v. Becerra, ante, p. ___ (invalidating a law requiring medical and counseling facilities to provide relevant information to users); Sorrell v. IMS Health Inc.,  564 U. S. 552 (2011) (striking down a law that restricted pharmacies from selling various data). And it threatens not to be the last.

Speech is everywhere—a part of every human activity (employment, health care, securities trading, you name it). For that reason, almost all economic and regulatory policy affects or touches speech. So the majority’s road runs long. And at every stop are black-robed rulers overriding citizens’ choices. The First Amendment was meant for better things. It was meant not to undermine but to protect democratic governance—including over the role of public-sector unions.

 Signature 

“I won’t support any sport where you sit on your ass and go backwards.”

Coach Frank Howard when asked to support a rowing team at Clemson

Profile
 
 
Posted: 29 June 2018 03:49 PM   [ Ignore ]   [ # 1 ]
Sr. Member
Avatar
RankRankRankRank
Total Posts:  5468
Joined  2009-09-09

Free speech can be a sword, a surgical instrument, a blunt force or a weapon of mass destruction…The is the nature of free speech and more importantly the protection of free speech with regards to religion.

Any changes to the 1st Amendment should only be done with another Constitutional Amendment.

 Signature 

Pirates function as a team. There were a lot of castes and classes in England at the time. But with pirates, it didn’t matter if you were black, white, rich or poor. The object was to get a treasure. If the captain did a bad job, you could just overthrow him.

— Mike Leach

Profile
 
 
Posted: 01 July 2018 12:08 PM   [ Ignore ]   [ # 2 ]
Sr. Member
RankRankRankRank
Total Posts:  816
Joined  2009-07-04

First, no one’s rights are being taken from them. This is a ruling that is a victory for freedom, an individuals right to control his/her own decisions, not ruled by those in power.

Secondly, it is a major boost for a court that too often has sided not with the Constitution but with the beliefs and sentiment of a radical version or interpretation. While Kagan is not one of the far left lunatics like Ginsburg or Sotomeyor, who view the court as their tool to inact their personal beliefs, she is dead wrong.

Ironically, only the “right wing” judges rule according to the Constitution and often against the political wishes of the conservative politicians and citizens. The “left wing” side NEVER votes against the political whims of the day. Wonder why?

Profile
 
 
Posted: 02 July 2018 10:42 AM   [ Ignore ]   [ # 3 ]
Sr. Member
Avatar
RankRankRankRank
Total Posts:  3519
Joined  2009-01-07

She’s upset that freedom of speech is being used against “policy” and says it’s supposed to be there to protect governance. She seems to have a bit of a misunderstanding.

 Signature 

“I won’t support any sport where you sit on your ass and go backwards.”

Coach Frank Howard when asked to support a rowing team at Clemson

Profile
 
 
Posted: 02 July 2018 10:57 AM   [ Ignore ]   [ # 4 ]
Sr. Member
RankRankRankRank
Total Posts:  816
Joined  2009-07-04

I would take it a step further and suggest she believes the First Amendment is there to protect the financial security of these unions. Frankly, that is stupefying and even moreso from someone who sits on the highest court in the land as the courts can’t protect a certain groups financial security at the cost of the Constitution.
The ends justifies the means in her world.

Profile
 
 
Posted: 02 July 2018 11:20 AM   [ Ignore ]   [ # 5 ]
Sr. Member
Avatar
RankRankRankRank
Total Posts:  3519
Joined  2009-01-07

Good point. That’s unbelievable.

 Signature 

“I won’t support any sport where you sit on your ass and go backwards.”

Coach Frank Howard when asked to support a rowing team at Clemson

Profile