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Libertysheimdall1 18 points ago +20 / -2

I hate to tell you, but Thomas would vote for masks too.

You must understand that the true Constitutionalist judges like Scalia and Thomas HATE making up rights that are not spelled out in the Constitution. That's why they are against Roe v Wade.

At the same time, they also have classically always sided with the government on issues of police powers, like police searches (Scalia brought us the rule that cops can run their dog around your car for drugs without consent), and death penalty etc. That is why they would side with the government on masks. The Constitution does not explicitly say otherwise, so where would they invent the right to go without?

Gorsuch is a bit different in that he seems very much inclined to stick it to the government, for example in the Oklahoma reservation case.

It's funny because people on here seem to complain both "stupid Gorsuch" and "bad Barrett." Those are actually opposite positions.

The fact is that neither Barrett nor Lagoa (who has nearly no track record to verify) will give you what you want 100% of the time.

But either will be light years better than Ginsburg. Or Roberts.

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IAmTheSenate 11 points ago +11 / -0

But either will be light years better than Ginsburg. Or Roberts.

Or the 25 year old transgender "female" abortion doctor from Berkeley that Biden Harris would appoint

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Libertysheimdall1 2 points ago +2 / -0

LOL. At this point I expect a double-transgender that identifies as a Martian.

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RenaissanceOfHope 2 points ago +2 / -0

That’s why we need 9 clones of Neil Gorsuch on the court!

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Hardcouer 2 points ago +2 / -0

You'd use the cloning machine on Gorsuch rather than Thomas or Alito???????

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RenaissanceOfHope 1 point ago +1 / -0

I would consider using it on Scalia.

Gorsuch is less likely to blindly rule in favor of cops/government than Thomas or Alito. This fake pandemic has shown me how precious our freedom is. I hate BLM/Antifa like nobody’s business, but we are going to need someone against police overreach with these mask mandates.

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Hardcouer 1 point ago +1 / -0

Yes, but he's also more likely to rule that that men can be women and the government has a duty to make businesses comply with that 'fact'. So much for freedom.

While we're at it, pedophiles can rape children because half of Oklahoma needs to be returned to Indians.

Let's worry about police overreach when the giant police underreach is showing signs of coming to an end, rather than when they aren't allowed to use tear gas on rioters, or aren't getting prosecuted for shooting a guy who tried to tase them.

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Cyer6 2 points ago +2 / -0

Agreed. I just hate that she upheld the Illinois lockdowns.

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Libertysheimdall1 2 points ago +2 / -0

Just so you know, that decision is fake news. I’m a lawyer and I’ve read it. It does not hold IL lockdowns are OK. The Pennsylvania case that held them unconstitutional was based on a different argument—a line of argument not made at all in the IL case.

The narrow question in the IL case was whether the fact that religious activity was carved out for PREFERENTIAL treatment under the lockdown orders renders the rest of the orders unconstitutional. The complain was about UNEQUAL treatment of religion and other speech.

As the court pointed out, even if it held the inequality mattered, that might just as easily be remedied by imposing STRICTER limits on religion, as it would by changing to looser rules for everything else. The judges didn’t like that idea.

But more importantly the court simply held that religion DOES enjoy special status under the Constitution, and therefore there is nothing wrong about treating it better than general “speech.”

Direct quote: “ A careful look at the Supreme Court’s Religion Clause cases, coupled with the fact that EO43 is designed to give greater leeway to the exercise of religion, convinces us that the speech that accompanies religious exercise has a privileged position under the First Amendment, and that EO43 permissibly accommodates religious activities.”

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Cyer6 1 point ago +1 / -0

Well then. I think I'll just leave it up to Trump and believe that he'll make the right call because I really have no idea on these matters. It sounds like they quickly got the Senate in line to support whoever the nominee is and that person stands a good chance of getting through the process.