User Tag List

+ Reply to Thread
Results 1 to 5 of 5

Thread: Conservative Supreme Court reverses earlier decision on sovereign immunity

  1. #1
    Points: 445,382, Level: 100
    Level completed: 0%, Points required for next Level: 0
    Overall activity: 99.9%
    Achievements:
    SocialRecommendation Second ClassYour first GroupOverdrive50000 Experience PointsTagger First ClassVeteran
    Awards:
    Discussion Ender
    Chris's Avatar Senior Member
    Karma
    395488
    Join Date
    Feb 2012
    Posts
    146,269
    Points
    445,382
    Level
    100
    Thanks Given
    14,774
    Thanked 43,059x in 31,775 Posts
    Mentioned
    1691 Post(s)
    Tagged
    2 Thread(s)

    Conservative Supreme Court reverses earlier decision on sovereign immunity

    A prudent step in the right direction.

    Conservative Supreme Court reverses earlier decision on sovereign immunity

    The Supreme Court ruled Monday that a state can maintain its sovereign immunity from lawsuits in other states, reversing a prior decision from the high court.

    In a 5-4 decision authored by Justice Clarence Thomas, the courtís conservative justices found that a state cannot be sued by a private party in another state court system without that state's consent. The ruling overturns a previous 1979 decision that found the Constitution does not shield the states from private lawsuits in other states.

    Thomas wrote that the previous ruling "misreads the historical record and misapprehends the 'implicit ordering of relationships within the federal system necessary to make the Constitution a workable governing charter and to give each provision within that document the full effect intended by the Framers.'"

    He said the past precedent is "irreconcilable with our constitutional structure and with the historical evidence" showing that states have immunity from the private lawsuits....
    Edmund Burke: "In vain you tell me that Artificial Government is good, but that I fall out only with the Abuse. The Thing! the Thing itself is the Abuse!"

  2. The Following 2 Users Say Thank You to Chris For This Useful Post:

    Captdon (05-14-2019),MisterVeritis (05-13-2019)

  3. #2
    Points: 10,231, Level: 24
    Level completed: 23%, Points required for next Level: 619
    Overall activity: 43.0%
    Achievements:
    VeteranTagger Second Class10000 Experience Points
    Sergeant Gleed's Avatar Senior Member
    Karma
    1399
    Join Date
    Mar 2014
    Location
    Right Now? The Planet Gand
    Posts
    3,183
    Points
    10,231
    Level
    24
    Thanks Given
    342
    Thanked 1,390x in 1,069 Posts
    Mentioned
    7 Post(s)
    Tagged
    0 Thread(s)
    Uh-OH...

    ...putting Americans on the court means we're seeing bad precedents getting thrown out...

    ...are we going to throw the baby butcher out with the Wade-ibg pool?

    (Boy, thst really stunk....like dead fish eggs)
    Freedom Requires Obstinance.

    We the People DID NOT vote in a majority Rodent Congress, they stole it via election fraud.

  4. The Following User Says Thank You to Sergeant Gleed For This Useful Post:

    MisterVeritis (05-14-2019)

  5. #3
    Points: 445,382, Level: 100
    Level completed: 0%, Points required for next Level: 0
    Overall activity: 99.9%
    Achievements:
    SocialRecommendation Second ClassYour first GroupOverdrive50000 Experience PointsTagger First ClassVeteran
    Awards:
    Discussion Ender
    Chris's Avatar Senior Member
    Karma
    395488
    Join Date
    Feb 2012
    Posts
    146,269
    Points
    445,382
    Level
    100
    Thanks Given
    14,774
    Thanked 43,059x in 31,775 Posts
    Mentioned
    1691 Post(s)
    Tagged
    2 Thread(s)
    The possible implications are argued in Clarence Thomas Just Showed How Supreme Court Would Overturn Roe v. Wade

    In 1992, the Supreme Court looked poised to overturn Roe v. Wade, the landmark case protecting abortion rights. They didnít, however, and the main reason was respect for precedentóspecifically, the legal doctrine known as stare decisis, or ďlet the decision stand.Ē

    Would it do the same today, with over 250 laws meant to test the case pending in states across the country?

    An otherwise obscure case decided this week, Franchise Tax Board of California v. Hyatt, suggests that a majority of the court would not.

    Hyatt was, in large part, about stare decisis.... This week, the court overruled its 1979 decision by a vote of 5-4 and tossed out Hyattís claim.

    ...What was surprising is that stare decisis warranted only 318 words in Justice Thomasí opinion, almost like an afterthought, and that Justice Thomas summarily waved away this important judicial doctrine.

    If this is how the courtís conservatives treat sovereign immunity, how will they treat abortion rights?...
    Edmund Burke: "In vain you tell me that Artificial Government is good, but that I fall out only with the Abuse. The Thing! the Thing itself is the Abuse!"

  6. The Following User Says Thank You to Chris For This Useful Post:

    MisterVeritis (05-14-2019)

  7. #4
    Original Ranter
    Points: 504,565, Level: 100
    Level completed: 0%, Points required for next Level: 0
    Overall activity: 99.8%
    Achievements:
    SocialCreated Album picturesOverdrive50000 Experience PointsVeteran
    Awards:
    Posting Award
    Peter1469's Avatar Advisor
    Karma
    421830
    Join Date
    Jun 2011
    Location
    NOVA
    Posts
    152,740
    Points
    504,565
    Level
    100
    Thanks Given
    88,776
    Thanked 72,805x in 49,436 Posts
    Mentioned
    2192 Post(s)
    Tagged
    0 Thread(s)
    This shows the court will over turn precedence. Good.
    Molon labe
    Please visit my blog http://thepoliticalforums.com/blogs/peter/
    (If a post link does not work, see the archives- it should work there.)

  8. #5
    Points: 445,382, Level: 100
    Level completed: 0%, Points required for next Level: 0
    Overall activity: 99.9%
    Achievements:
    SocialRecommendation Second ClassYour first GroupOverdrive50000 Experience PointsTagger First ClassVeteran
    Awards:
    Discussion Ender
    Chris's Avatar Senior Member
    Karma
    395488
    Join Date
    Feb 2012
    Posts
    146,269
    Points
    445,382
    Level
    100
    Thanks Given
    14,774
    Thanked 43,059x in 31,775 Posts
    Mentioned
    1691 Post(s)
    Tagged
    2 Thread(s)
    Quote Originally Posted by Peter1469 View Post
    This shows the court will over turn precedence. Good.
    Agree. Stare decisis is good an all but precedent can be wrong and needs review.
    Edmund Burke: "In vain you tell me that Artificial Government is good, but that I fall out only with the Abuse. The Thing! the Thing itself is the Abuse!"

+ Reply to Thread

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts


Critical Acclaim
Single Sign On provided by vBSSO