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Let's talk about altering the Supreme Court....

newtboy says...

The Fourth Amendment explicitly affirms the “right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” The Fifth Amendment in its Self-Incrimination Clause enables the citizen to create a zone of privacy which government may not force him to surrender. The 14th amendment “due process clause” has been interpreted to also affirm a right to privacy.

https://www.aclu.org/other/students-your-right-privacy

Sure sounds like rights to privacy are right there in the bill of rights though, an addendum to the constitution, as explained in numerous Supreme Court rulings.

<SIGH>. I thought you said “Pedantry is tiresome. Tell your friends.” Maybe take your own advice?

Some light reading…. In January 1973, the Supreme Court issued a 7–2 decision in McCorvey's favor ruling that the Due Process Clause of the Fourteenth Amendment to the United States Constitution provides a "right to privacy" that protects a pregnant woman's right to choose whether to have an abortion. It also ruled that this right is not absolute and must be balanced against governments' interests in protecting women's health and prenatal life.[4][5] The Court resolved this balancing test by tying state regulation of abortion to the three trimesters of pregnancy: during the first trimester, governments could not prohibit abortions at all; during the second trimester, governments could require reasonable health regulations; during the third trimester, abortions could be prohibited entirely so long as the laws contained exceptions for cases when they were necessary to save the life or health of the mother.[5] The Court classified the right to choose to have an abortion as "fundamental", which required courts to evaluate challenged abortion laws under the "strict scrutiny" standard, the highest level of judicial review in the United States.

dogboy49 said:

To me, the current crop of justices seem to be less willing to deviate from the Constitution as written. Should abortion be allowed? IMO, yes. BUT, are laws banning abortion unconstitutional? According to the Constitution as written and amended, probably not. Roe v Wade was written by a court that believed that abortion and the "right to privacy" should carry the weight of constitutional law, even though the Constitution is silent on these "rights".

My suggestion: If abortion should be considered to be a "right", then so amend the Constitution. Otherwise, it will be subject to the vagaries of "interpretation" forever.

They All Lied

newtboy says...

There has been no new evidence.
None whatsoever, only religious nut jobs put in office that rule based on what isn’t even religious doctrine and certainly is not US law, which is clear that embryos aren’t people, and women aren’t slaves nor incubators without rights over their own bodies.

It’s no surprise whatsoever that you’re fine with eradicating rights for women, or removing any rights you dislike others enjoying.

Of course you have no problem that each one intentionally perjured themselves during confirmation, because you don’t care one whit about crime if your team commits it, nor lies if they suit you. You’ve been abundantly clear about that, consistently.

Will you be fine when they reinterpret the second amendment to require strict regulations on militias, and they are the only non government entity with a right to OWN firearms, which can only be lent to licensed members that pass stringent testing bi yearly and screening and licensing at extremely high costs? Of course not, you’re a hypocrite.
Will you be fine when that new court declares flying a confederate flag is seditious treason and it’s retroactive, so old photos are enough to convict and execute?

You’ve had a conservative court for decades. Now you have one not interested in the law or science but only politics.

Of course, you’ll have no problem with Democrats adding 6 seats, ignoring all Republican whining and filling them with hyper liberal activist judges, and writing the law in a way that no more seats can be added without a constitutional amendment, then revisiting the issue in 6 months to get it right permanently. Don’t say we didn’t warn you.

bobknight33 said:

Precedent is just that until evidence proves otherwise.

Pluto was a planet until it wasn't. Truth evolves over time.

1857 Slavery was fundamentally ruled legal under Dred Scott. Truly a wrong decision and a study in judicial overreach.

In 1868, the Fourteenth Amendment overturned the
Dred Scott decision by granting citizenship to all those born in the United States, regardless of color.


Finally this is just a leaked draft opinion. One must wait to see if overturned and on what grounds .


That being said The left waited decades to get abortions. The right has waited 50+ years to get a legal argument that might overturn that decision.

50 years later and finally have a conservative court and a case that might alter Roe V wade.

They All Lied

bobknight33 says...

Precedent is just that until evidence proves otherwise.

Pluto was a planet until it wasn't. Truth evolves over time.

1857 Slavery was fundamentally ruled legal under Dred Scott. Truly a wrong decision and a study in judicial overreach.

In 1868, the Fourteenth Amendment overturned the Dred Scott decision by granting citizenship to all those born in the United States, regardless of color.


Finally this is just a leaked draft opinion. One must wait to see if overturned and on what grounds .


That being said The left waited decades to get abortions. The right has waited 50+ years to get a legal argument that might overturn that decision.

50 years later and finally have a conservative court and a case that might alter Roe V wade.

Harsh Lockdown in Shanghai Shakes People's Faith in Communi

newtboy says...

Forefathers. 🤦‍♂️ (at least you didn’t say “four fathers”)

Remember, they’re amendments. Not part of the constitutional convention or constitution, but the bill of rights. You know, that document that your ilk hate because you guys think the constitution shouldn’t be changed….unlike our forefathers.

Hilarious how little you people actually know about your own history, and you want to erase more of it.

bobknight33 said:

Glad our for fathers gave us the the 1st and 2nd amendment.

Harsh Lockdown in Shanghai Shakes People's Faith in Communi

Last Week in the Republican Party

newtboy says...

I don’t think you’ve been paying attention. 😉
Democrats have failed at some decent legislation because Republicans think “just say no” works for drugs and Legislating, it’s the Republican platform….and it’s a losing one.
There is no actual platform, they have no plans, no accomplishments. Only sedition, comforting our enemies, obstruction of legislation and justice, insanity and lies, praising Putin, and attacking each other for not cowtowing to Trump enough.

The Republican Party is too busy calling each other RINOs and crazy morons to campaign, and Republican voters are disillusioned again and will likely not vote. Those that do will be split between feculent and dishonest but sane old school candidates and the Trump/“freedom caucus” bat shit crazy nonsense candidates. They have no issues to campaign on thanks to Trump who made them the party of spend and spend. Economic superiority is now a Democratic trait, as is standing up to our enemies instead of cuddling up to them. What, besides “we aren’t liberals” do Republicans have left?

Not to mention the growing number of sitting representatives who are being made incapable of or disqualified from holding office by being convicted of felonies and/or giving aid and comfort to enemies of America…. Republican Congressman Jeff Fortenberry for instance, found guilty Thursday of 3 felonies and facing 15 years in prison. He’s still in office…an incumbent that’s going to have a hard time keeping his seat. Green too, being seriously challenged on being fit for office under the 14th amendment thanks to her support for sedition along with 6 others. Suddenly Republicans hate the constitution and want much of it abolished.

Also, Republican support by independents, the group that let Trump only lose the popular vote by 3million, no longer supports Republicans. Mid terms will be interesting, but a Trump in the whitehouse? Keep dreaming the national nightmare…ain’t gonna happen. It’s likely to be another Red tsunami like 2018, but never underestimate the stupidity of the American voter, anything could happen.

eoe said:

I don't think you've been paying attention. Democrats have been failing at all attempts at decent legislation. A lot of the progressive democrats are disillusioned (again) and will likely not vote. I'm guessing there's gunna be a Republican sweep and possibly even Trump in office in 2024.

This Video Is A HIPAA Violation!

luxintenebris says...

MTG also said...
- the venue(s) shutting down her 'rally' was impinging on her 1st Amendment rights
- nancy pelosi was spying on congress via the gazpacho police
- wearing PPE was the same as being forced to wear a yellow star
...so one can rely on her nescience.

bobknight33 (Member Profile)

newtboy says...

And now Republicans in at least 5 states have been caught having submitted matching forged election documents, Georgia, Nevada, Arizona (twice), Wisconsin, and Michigan. These forgeries, complete with forged seals from their respective states, attempted to “certify” fraudulent electors from those states that intended to cast their electoral votes for Trump despite their states voting for Biden, that vote being certified, and the real electors being certified.
Pennsylvania too, but they didn’t try to claim they were the electors, they claimed they would be the electors if a court invalidated the election results….created at the direct personal request of the DJTrump campaign.

Jeff Clark, of the DOJ, drafted a letter telling states to hold off on certification because the DOJ was investigating election irregularities…..but they weren’t and the DOJ head, the AG, refused to sign off, so Trump accepted his resignation, the resignation of the assistant AG, and tried to install Clark so they could send this fraudulent letter about a non existent investigation of non existent election fraud. In that letter he referenced the “second set of electors” two weeks after these forgeries were submitted to congress and elsewhere but long before that was public knowledge.

Another few attempts by Republicans to subvert democracy.

Apparently Trump also flew the idea of having the national guard confiscate all voting machines and rerunning the election (until he won).

Why the entire party isn’t banned from holding office is beyond me, your representatives all undeniably violated (and continue to violate) section 3 of the 14th amendment, and you’ll never get 2/3 of congress to let that slide.

No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

For the few that weren’t directly involved in the failed coup, the “aid and comfort” clause covers their behavior since.

bobknight33 (Member Profile)

newtboy says...

Nice. Members of the house rules committee have said what they’ve seen so far in evidence clearly rises to the level of treason, and Trumpist witnesses are expected to rely on the 5th amendment under oath, so will be offering no other explanations or excuses, no reason to think it wasn’t pure treason.
They also mentioned treason is a death penalty offense.

Trump gets to be first again….first president ever executed for treason against the US….and he won’t be alone. Woo hoo!

Let's talk about altering the Supreme Court....

dogboy49 says...

To me, the current crop of justices seem to be less willing to deviate from the Constitution as written. Should abortion be allowed? IMO, yes. BUT, are laws banning abortion unconstitutional? According to the Constitution as written and amended, probably not. Roe v Wade was written by a court that believed that abortion and the "right to privacy" should carry the weight of constitutional law, even though the Constitution is silent on these "rights".

My suggestion: If abortion should be considered to be a "right", then so amend the Constitution. Otherwise, it will be subject to the vagaries of "interpretation" forever.

News Fails to Ask WHY Police Seized $100K From Traveler

bobknight33 says...

from Asset Forfeiture
Policy Manual 2021


I. Guidelines for Planning for Seizure and Restraint
A. Background
The Department of Justice (Department) Asset Forfeiture Program (Program) encompasses the
seizure and forfeiture of assets that represent the proceeds of, or were used to facilitate, federal
crimes. The Program has four primary goals:
(1) Punish and deter criminal activity by depriving criminals of property used in or acquired
through illegal activities.
(2) Promote and enhance cooperation among federal, state, local, tribal, and foreign law
enforcement agencies.
(3) Recover assets that may be used to compensate victims when authorized under federal law.
(4) Ensure that the Program is administered professionally, lawfully, and in a manner consistent
with sound public policy

II. Payment of Attorneys’ Fees in Criminal Forfeiture Cases
A. Defendant’s attorneys’ fees
The defendant in a criminal forfeiture action may file for an award of attorneys’ fees only under
the Hyde Amendment.4 A motion for fees and costs filed in a civil forfeiture case under 28 U.S.C.
§ 2465(b) cannot include fees and costs incurred in even a directly related criminal proceeding.5
To prevail on a Hyde Amendment claim, the defendant must prove that: (1) the defendant was the
prevailing party in the underlying action; (2) the government’s position was vexatious, frivolous, or in
bad faith; and (3) there are no special circumstances that would make the award unjust.6
This burden
is heavier than the one the government must meet under the Equal Access to Justice Act (EAJA

Let's talk about altering the Supreme Court....

newtboy says...

Democrats are denied even a hearing for even their centrist picks (Garland) outrageously unconstitutionally, then Republicans pick FAR RIGHT politicos to replace moderate leftist judges. That was new, never before seen in our history.
Sotomayor and Karen are centrists, dumb shit. Kavenaugh and Barrett are extremist far right wingers….Barrett is barely even a judge, rushed in by a lame duck traitorous seditionist and his lackeys, directly contradicting their own excuse for not hearing Obama’s nomination. They actually admitted they rammed her through as fast as possible with the barest minimum of examination in order to pack the court in anticipation of them contesting the election results….admitted it before the election.
Kavenaugh and Barrett are both extremist Far right wingers, political activist judges, who lied in their confirmation, one is a multiple rapist, never investigated, the other a religious extremist with zero experience who said she would recuse herself on any issue of faith, but hasn’t recused herself from any.
Throw down the gauntlet?! Opposition to his nomination centered on his perceived willingness to roll back the civil rights rulings of the Warren and Burger courts, and his role in the Saturday Night Massacre during the Watergate scandal. On October 23, 1987, the Senate rejected Robert Bork's nomination to the Supreme Court by a roll call vote of 42—58. Bork's margin of rejection by the Senate remains, by percentage, the third-largest on record and broke a 142-year record for largest defeat of a Supreme Court nomination. A historic immediate bipartisan rejection because he was totally unsuited, and had undeniably tried to help Nixon cover up Watergate as acting AG by firing the special prosecutor at Nixon’s direction (the AG and deputy AG had quit when Nixon insisted)….*.
Absolutely nothing similar to Obama being denied a hearing for his picks for a year until his term ended….*. Holy shit! What stupidity.

There are far fewer “conservatives” today, the Republican Party is 26% of the population, not a majority.

Yes, they are throwing cases to the packed court as fast as possible before their stolen majority evaporates. I support a 15 justice Supreme Court with a constitutional amendment halting any further additions without a 2/3 majority….add 6 hyper liberals…no judicial experience necessary or even preferred…AOC would be great.

Why bring a case you might lose? Because cases are supposed to be heard on their merits, not based on political affiliation you ignorant cow. You think the Supreme Court should be a political wing of the right, choosing and deciding cases based on political affiliation, not the law, science, common sense, ethics, or precedent….but only when it serves you.

So, gun rights should be up to states? That’s the next step if you win that fight…the constitution dies and states decide everything….as civil war erupts. Great plan, so patriotic. Remember, California is big enough that when they require fingerprint scanners on all guns sold in the state, manufacturers will add them to all guns….when semi auto guns are banned, manufacturers will move to single shot guns….just like auto manufacturers changed their cars to meet our requirements. Is that your plan? Had you even considered what individual states being in control means? It means California becomes the leader of America, controlling the other states by means of our size, wealth, and international clout. Enjoy.

Not like this, it hasn’t. Never in American history has the court been politicized and weaponized against the will of the majority to ignore precedent (contrary to their oaths and confirmation statements) in order to overturn established law and constitutional rights as a political act. Never.

bobknight33 said:

To say that Republicans are politicizing the supreme court is nonsense. Democrats pick left leaning and Republicans pick right leaning. This is not new. Where were your complaints of politicizing when Sotomayor or Kagen were appointed?

But if you want to go there it started with Senator Ted Kennedy within minutes of Bork being picked by POTUS Reagen to be appointed took to the floor of the senate and thrown down the gauntlet.


They may be lean more conservative today however Its been leaning left last 50 years.

The fact that cases are now before the court is because some conservatives feel there is a chance to have their cases win.

Why bring these case before the supreme court if you know you would have a high likely to loose. All the cost time and effort.


WRT to the abortion issue .If overturned it just means that the decision goes back to the states.


Overturning a previous opinions has occurred and will occur in the future .

bobknight33 (Member Profile)

newtboy says...

Are you aware that most Republicans in DC are now legally barred from running for office under the constitution?

14th amendment clause 3- No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

Now you understand why all Republicans voted against investigating The Jan 6 insurrection, the rebellion against the election. Sadly for them, that act is giving aid and comfort to the enemies of the state, so now they don’t even have to be implicated directly, their vote to not investigate invalidates them as candidates. Expect this to come up against Green next year.

Uh oh….the FEC, the election regulatory agency that Trump intentionally under staffed to the point that it couldn’t start an investigation much less conduct one has now been ordered to investigate the Trump campaign and the NRA that used shell companies to give Trump $25 million in 2016, a massive campaign donation limit violation, and used those shell companies to coordinate with the Trump campaign (and many other Republicans). Apparently this case was submitted to them years ago, but they didn’t have the legally required number of appointees to operate, and the few they had were Trump appointees not interested in investigating any charges against Republicans with a backlog of over 450 cases…so the FEC did nothing. Now they have been ordered by a judge to start the investigation in 30 days. Not going to go well for your people, they all played fast and loose under Trump, and there’s a new sheriff in town now.

As US Withdraws from Afghanistan, Refugees Must Be Evacuated

newtboy says...

Nope, sorry. Another total failure of your memory.

This is Trump's retreat, negotiated by Trump with the criminal terrorists who gave up absolutely nothing to get Trump's unconditional surrender and retreat. In the process, Trump delegitimized and abandoned the legitimate Afghan government and indicated they would not be supported by the U.S. military. He also abandoned those Afghanis who risked their lives to help us, making absolutely no plans to identify or allow them to immigrate here, instead actually putting active road blocks in the way, slowing or discarding their applications, and not staffing positions required to process applications. Biden was left to facilitate the disastrous agreement Trump made when he "negotiated" (actually just capitulated) with terrorists but did not prepare for. Biden failed to fix this disastrous withdrawal Trump caused and botched, he didn't cause it.

I understand, with an IQ below 75, it's hard for you to remember who did what. Trump made this happen, bragged about it until a few weeks ago. Trump released 5000+ of the Taliban from prison then unconditionally surrendered to them last spring without consulting the Afghan government. The only concession he got was an agreement from terrorists to not attack the U.S. during the retreat until May but attacking the Afghanis was allowed...Biden got that extended through August.

Got 25th? Could you mean implement the 25th amendment? When did right wing nutjobs lose their ability to speak English?

Won't happen....if Delusional Donny wasn't demented and dementia riddled enough to remove, Biden has nothing to worry about at all. His mental state makes Trump look like a Alzheimer's patient and stroke victim who's addicted to crack. Is that why he's besties with the My Crackpipe Guy now....that's his dealer?
Are you advocating for President Harris? How about President Pelosi? Do you even realize that's what happens if Biden was removed? Talk about cutting off your nose to spite your face! Lol.

TangledThorns said:

Buffoon Biden made this failure happen. How long before the Democrats got 25th on him?

How Police Protect And Serve

luxintenebris says...

always hear about 'common ground' this well should be it. Whether if you want to cite civil liberties or the golden rule - this is unacceptable.

partially agree w/bob, the Pasco Sheriff P.D. should be sued down to blue jeans, chambray shirts, and whistles as full police issue. but it's a shame to rely on lawyers to get public officials to act in a manner appropriate to serving the public. other government overseers should be the first in line at the gauntlet to flog the wrongdoers.

as bob would say, what is happening is unconstitutional. there is agrement on that. likely a case that this behavior infringes anywhere for the 4th to 8th amendments.

as bob should say but is unlikely to speak against his own party members, it reeks of fascism, nazis, and Gestapo tactics. as it started with the lowest and they worked their way up the ladder of undesirables...very much so in the way the GOP did w/Flake, up to Romney on to Cheney...difference/dissent is death.

it's like asking demons to uphold order in heaven.

but gives one faith, that even 33 can see the obvious...or some of the obvious...if he can see this, he can see Jan 6.

https://www.nytimes.com/video/us/politics/100000007606996/capitol-riot-trump-supporters.html?src=vidm



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