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Supreme Disappointment
Author: BobR    Date: 06/27/2008 12:25:35

The Supreme Court has been busy the last few days. It's that time of year when these 9 don their robes, listen to arguments, then write opinions based on their own personal... opinions. When the stars align correctly (such as Rowe -vs- Wade), these decisions grant individuals more rights, more freedoms, and more protection. Lately though, the decisions have been swinging the other way.

A few days ago, they decided that the $2.5 billion in damages awarded by a lower court to be split among some 32,000 plaintiffs needed to be reduced to about $507.5 million. Their rationale?:
The court's majority found that Exxon had acted without "intentional or malicious conduct," and a 1-to-1 ratio of punitive to compensatory damages "is a fair upper limit in such maritime cases," according to the decision penned by Justice David Souter.

Plaintiffs said the court failed to take into account the damages that never were compensated in the first place, due to the quirks of maritime law and the long years it took for environmental impacts to manifest themselves.

I wonder if there's any precedent in law for a "1-1 ratio"? That seems VERY arbitrary...

The SCOTUS also struck down the so-called "Millionaire's Amendment" portion of the McCain-Fiengold campaign finance reform law, saying it's unconstitutional because it violates the 1st Amendment of the Constitution. The idea was to level the playing field for poor candidates campaigning against wealthy candidates that use his/her own money by raising the caps on contributions. The upshot of this is that our government will be of the rich, for the rich, and by the rich. One can only hope they have some cake with which to feed us...

Another controversial ruling involves the death penalty and child rape. The court struck down the death penalty for any crime other than one that results in a death. Certain crimes are so outrageous and disgusting that the emotional response is to string the scumbag up by his balls and leave him there to die (be honest - what were you thinking about that Austrian guy that kept his daughter locked up in the basesment for his own personal rape toy?). Naturally, this ruling has plenty of people voicing their opinions, including Barack Obama:
When asked about Supreme Court ruling against the use of the death penalty in instances of child rape today at a news conference in Chicago, Obama answered, “I disagree with the decision. I have said repeatedly that I think that the death penalty should be applied in very narrow circumstances for most egregious of crimes. I think that the rape of a small child, six or eight years old is a heinous crime, and if a state makes a decision that under narrow, limited, well-defined circumstances, the death penalty is at least potentially applicable. That does not violate our constitution.”

He continued, “Had the Supreme Court said, ‘We want to constrain ability of states to do this to make sure that it's done in a careful and appropriate way,’ that would've been one thing, but it basically had a blanket prohibition and I disagree with that decision.”

That should produce some very mixed feelings in the typical pro-Obama/anti-death penalty people...

The most notorious of the rulings though, was the willful misinterpretation of the 2nd Ammendment. In shooting down the DC gun ban, the court has opened a whole new can of worms:
By 5-4, the court struck down the District of Columbia’s strict gun ban as an infringement on fundamental rights. The court’s historic ruling reinterprets the Second Amendment for the first time in nearly 70 years, foreshadowing new challenges to local, state and federal gun laws.

Scalia in particular, decided to parse the 2nd Ammendment at every comma:
"The Second Amendment protects an individual right to protect a firearm unconnected with service in a militia and to use that arm for traditionally lawful proposes, such as self-defense within the home,” Justice Antonin Scalia wrote for the majority.

... and then immediately contradicted himself:
“Like most rights, the Second Amendment right is not unlimited,” Scalia wrote. “It is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose.”

Let's take a look at that exact wording, shall we?
A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.

Seems to me that being a member of a well-regulated militia IS specified, while limiting certain types of weaponry is not. What the hell was he reading??

Of all the SCOTUS justices that need to retire (IMO), Scalia is at the top of the list. He doesn't try to hide his bias and how they affect his decisions. He recently blamed Al Gore for the 2000 election mess:
"Richard Nixon, when he lost to [John F.] Kennedy thought that the election had been stolen in Chicago, which was very likely true with the system at the time," Justice Antonin Scalia told The Telegraph.

"But he did not even think about bringing a court challenge. That was his prerogative. So you know if you don't like it, don't blame it on me.

"I didn't bring it into the courts. Mr Gore brought it into the courts.

The 2000 election case and the recent DC gun ownership case seem to be appropriate bookends to his time in the SCOTUS during the Bush Administration that saw Scalia and Cheney going on a hunting trip together. Justice is supposed to be blind. Justices, on the other hand, should not be blind to their own predjudices and political leanings. They should overcome them in defference to the law, not the other way around.

More than the environment, more than the Iraq War, more than the economy, the replacement of judges on the SCOTUS is the most important issue of the upcoming election. Let these recent decisions be an important reminder of that.


 

227 comments (Latest Comment: 06/28/2008 05:53:23 by livingonli)
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Comment by capt on 06/27/2008 13:02:15
There is some case law that followed the 1:1 rule but I am not a legal guy so . . .



What we need is a Super-dooper-Supreme Court that can over rule the uber-rulers!





Comment by clintster on 06/27/2008 13:04:18
Gaaah! No liveblarg today, and Green 960 is taking its sweetass time to load up. Did Steph spill wine on the servers?



Mornin, 4F'ers!

Comment by trojanrabbit on 06/27/2008 13:05:07
OK, I'm here since it's possible my Dr. Evil clone has taken down the entire SM site. ;)



No pain with the eye capt, just a slight bit of discomfort, it feels tired. Just a lot of people going "what's wrong with your eye?"



It happens once in a great while, maybe once a year. It'll be cleared up by the end of the weekend.

Comment by wickedpam on 06/27/2008 13:06:54
Morning :hug:





2 things I noticed this week -



1. Ya know that 2.5B going to 32,000 would have giving each of those people 7Mil if I did my math right. When it comes to awarding damages 7mil for the person hurt was not a crazy out of control number.



2. The DC Gun Ban was struck down cause some paranoid middle aged white guys are scared and don't like that they are pretty much in the minority in DC.

Comment by TriSec on 06/27/2008 13:09:18
Well, thpth. I get back to listening to Momma again, and she ups and goes on vacation.



Well, there's gratitude for ya.



:kickcan:





Comment by wickedpam on 06/27/2008 13:11:10
Maybe we'll have Frangela again so no worries Tri.





Heyya capt, clint and TJ.

Comment by TriSec on 06/27/2008 13:11:32
I am still waiting for the mini-Bee Gees here. :modbat:





Comment by clintster on 06/27/2008 13:12:18
Vacation! It'd mean a lot more to me if I weren't unemployed. :P

Comment by clintster on 06/27/2008 13:13:13
Hey Pam! Ready for the Fridee partee?

Comment by trojanrabbit on 06/27/2008 13:15:52
So any mention on the show about the site being down?

Comment by TriSec on 06/27/2008 13:17:12
Well, I generally don't listen during vacation weeks. Got a lot of podcasts to catch up on, and there's always music to be listened to. [Natalie Walker, swoon!]





Comment by BobR on 06/27/2008 13:18:36
Quote by wickedpam:

1. Ya know that 2.5B going to 32,000 would have giving each of those people 7Mil if I did my math right. When it comes to awarding damages 7mil for the person hurt was not a crazy out of control number.



Actually, that works out to $78,125 per person. Post-decision that drops to $15,625 per person.



EDIT: minus lawyer's fees, of course...

Comment by wickedpam on 06/27/2008 13:18:45
Always ready for Fridee Clint :D





Tri - To quote Fergie "check'em out" Frangela is a very good fill in for Steph.

Comment by trojanrabbit on 06/27/2008 13:18:57
My impression was that the vacation started NEXT week and this was the last show before vacation. Am I wrong?

Comment by capt on 06/27/2008 13:19:21
Okay, penis joke.



A little boy and little girl are wondering what the word penis means (they overheard it)



The little boy goes and asks his mom "What is a penis?" mom sends him to ask his dad. . .



"Dad what is a penis?"



Dad is pretty open and wants to make the point so he whips it out and says "Son see this? This is a perfect penis"



The boy says OH, Okay . . . .



So the little boy goes back to his friend. She asks "Did ya find out what a penis is?"



"Yes!"



The boy whips his out and says . . . . .



"If this was two inches shorter it would be a perfect penis!"









Comment by capt on 06/27/2008 13:20:27


Comment by m-hadley on 06/27/2008 13:20:41
Mornin' Everybody.

I guess the SMS web site has already left for vacation :D

Momma and the mooks and definitely limping to the vacation line...

Happee Fridee !!!

Cheers,

mfaye

:heart:

Comment by wickedpam on 06/27/2008 13:23:30
Quote by BobR:

Quote by wickedpam:

1. Ya know that 2.5B going to 32,000 would have giving each of those people 7Mil if I did my math right. When it comes to awarding damages 7mil for the person hurt was not a crazy out of control number.



Actually, that works out to $78,125 per person. Post-decision that drops to $15,625 per person.



EDIT: minus lawyer's fees, of course...






oops Decmial in the wrong place.



Reason number 512 of why I was an English major.



Comment by clintster on 06/27/2008 13:25:17
5 chili dogs for $5? I gotta get to Wienerschnitzel's!!!



Ummm, anybody got a ticket to San Fran they can loan me?

Comment by livingonli on 06/27/2008 13:33:12
Good morning everyone.



Well, I guess I'm not the only one who can't get into the Stephanie Miller site. So I'm listening to the show via Nova M.



Scalia is not an impartial judge and rules through his bias. His son was also working the Bush side in Bush v. Gore which means he had a stake in the outcome. He should be impeached for violating judicial ethics.

Comment by livingonli on 06/27/2008 13:34:05
I wonder if producerchis has popped in since there is no live blog this morning.

Comment by TriSec on 06/27/2008 13:34:52
Obama has many interesting things to recommend him, but that tidbit about him holding a degree in Constitutional Law and being a scholar of said Constitution really speaks volumes to me about his motivation.



After "It's just a damn piece of paper", to have the next occupant of the oval office be as professionally reverent about it as us lay people is going to be quite a change.





Comment by Will in Chicago on 06/27/2008 13:34:59
Good morning, bloggers!



I can't blame Momma and the Mooks for wanting to take it easy. We have been on a rollercoaster for a long time in terms of the news.



As for the Supreme Court, I think that we should have evidence that there is a need to make sure that there is a chance to have more reasonable justices than Scalia appointed to the bench. (Mike Malloy seems to be doubtful about Obama and the Democrats appointing anyone more liberal than John Roberts because of fear of the Republicans.)



The UNN Daily Headlines are up.



In addition to the Supreme Court news, here is a disturbing story from the Independent UK:



Exclusive: No ice at the North Pole

Comment by capt on 06/27/2008 13:38:05
We can expect Barack to appoint justices that are not hard left. He will appoint from the center/center right.



Not that I agree but I think I can read his beads (a little)

Comment by livingonli on 06/27/2008 13:40:53
I just got a call. The inspector is coming over in 20 minutes to go look at my car which means I will be in and out. I also have to go dig out my title which hopefully is in my storage box.

Comment by wickedpam on 06/27/2008 13:44:10
Dude. McSame was born in Panama.

Comment by Raine on 06/27/2008 13:45:04
F*ckin' Frank!!!



Good morning...

Comment by clintster on 06/27/2008 13:46:01
WTF? RW caller blathering about Obama's "ineligibility" because his mom was between the ages of 18-23? Thanks for playing "Grasping For Straws"!

Comment by TriSec on 06/27/2008 13:46:03
Caller, John McCain has shakier credentials for US citizenship. He was born in Panama.



Obama was born in Hawaii. 'nuff said.



Constitution segment (Article 2, section 1):



No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States.







Nothing about Barack's mother needing to live in the US 5 years after giving birth. If this is the latest the right is rolling out....





Comment by trojanrabbit on 06/27/2008 13:47:24
It looks like the Supremes took pity on poor picked-on Exxon. I mean, that $2bn would really, really hurt them. Their strategy worked perfectly - stall, stall and stall until most of the plaintiffs died off and they got a court system rigged in their favor.



Think of their profits when gas is $7/gal in 2010 like it's being predicted.



"Make it so, Number One"

Comment by Will in Chicago on 06/27/2008 13:50:20
Quote by TriSec:

Caller, John McCain has shakier credentials for US citizenship. He was born in Panama.



Obama was born in Hawaii. 'nuff said.



Constitution segment (Article 2, section 1):



No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States.







Nothing about Barack's mother needing to live in the US 5 years after giving birth. If this is the latest the right is rolling out....









Euripides: Whom the gods would destroy, they first drive mad.



Doesn't seem like a very long drive for that last caller.

Comment by livingonli on 06/27/2008 13:52:27
Quote by clintster:

WTF? RW caller blathering about Obama's "ineligibility" because his mom was between the ages of 18-23? Thanks for playing "Grasping For Straws"!


Or is it making up bullshit as you go along? Like most right-wingers, pulling things out of their ass is a specialty.

Comment by capt on 06/27/2008 13:52:52
Barack could have been born in a state where mixed marriage was illegal . . .



Lucky it was Hawaii

Comment by TriSec on 06/27/2008 13:55:14
Actually, if you want to be nit-picky, the constitution only specifies such citizens living at the time of the Adoption of this Constitution.



So anyone born after the adoption of the Constitution would be exempt?





And using the latest bit of twisted logic, since there were no United States prior to 232 years ago, because we were all born in areas that were formerly not states, I guess we're all ineligible to run for president?

Comment by wickedpam on 06/27/2008 13:55:53
Heyya Raine and everyone I missed

Comment by capt on 06/27/2008 13:57:01
Only McCain is eligible.



I guess that does it!



Do these ringers really try to think of stoooopid stuff or does it come naturally to them?





Comment by clintster on 06/27/2008 13:58:23
Great. Details of Ted Haggard's "contact" with an escort. There's my nightmare fuel for tonight.

Comment by livingonli on 06/27/2008 14:01:01
Quote by wickedpam:

Heyya Raine and everyone I missed


Morning Mala. It's weird seeing you get on the blog before I get up.

Comment by BobR on 06/27/2008 14:03:05
Quote by clintster:

Great. Details of Ted Haggard's "contact" with an escort. There's my nightmare fuel for tonight.


seriously. I did NOT need to know that... :puke:



EDIT: Of course, considering that's what he confessed to, you have to wonder what he DIDN'T confess to... :wacko:

Comment by capt on 06/27/2008 14:03:22
This just IN!



Ted Haggard is dating Larry Sinclair. . . . .

Comment by m-hadley on 06/27/2008 14:04:00
Quote by capt:

Barack could have been born in a state where mixed marriage was illegal . . .



Lucky it was Hawaii




Mornin' Capt,

I blogged about that very possibility a couple weeks ago - check it out. The post also includes a nice photo of Barack's parents.

Cheers,

mfaye

:hug:

Comment by Raine on 06/27/2008 14:06:17
Quote by trojanrabbit:

OK, I'm here since it's possible my Dr. Evil clone has taken down the entire SM site. ;)



No pain with the eye capt, just a slight bit of discomfort, it feels tired. Just a lot of people going "what's wrong with your eye?"



It happens once in a great while, maybe once a year. It'll be cleared up by the end of the weekend.


What wrong with rabbit's eye? :worry:

Comment by m-hadley on 06/27/2008 14:07:14
Quote by livingonli:

Quote by wickedpam:

Heyya Raine and everyone I missed


Morning Mala. It's weird seeing you get on the blog before I get up.




Mornin' Mala & Livin,

Mala - How's the job going for your Mom? Liv - How was work last night? Inquiring minds want to know these things... :P

Cheers,

mfaye

:heart:



Comment by capt on 06/27/2008 14:07:26
OMG - his dad is *whipsers* black?



Now what!





Comment by wickedpam on 06/27/2008 14:09:12
Faye - She's says it went fine she just has to get a handle on the switchboard but she will. :)

Comment by Scoopster on 06/27/2008 14:09:49
Quote by capt:

This just IN!



Ted Haggard is dating Larry Sinclair. . . . .


Oh my.. And they're double-dating with Jeff Gannon and Senator Larry Craig! :o

Comment by trojanrabbit on 06/27/2008 14:10:55
Nothing really Raine



Once in a great while a blood vessel ruptures and one side of the eyeball gets red. Probably happens about once a year. Looks a lot worse than it feels. It'll be gone by the end of the weekend.

Comment by Scoopster on 06/27/2008 14:10:57
BTW morning all Say, was the bloggie a bit tempermental earlier? I tried to open up the thread and it crashed my tubes exploder a few times.



Maybe I should stick with Firefox ;)

Comment by Raine on 06/27/2008 14:11:54
:thud: That was a real movie?

Comment by wickedpam on 06/27/2008 14:12:56
Ya know Marie Digby has a good version of Umbrella too.