Broad strokes
Concurrence = I basically agree with the outcome, but I want to express some nuance/disagreement with the logic you used to reach that decision.
Dissent = I disagree, and here’s why.
[You can also have partial concurrences/partial dissents where the justice agrees with part of the majority opinion and disagrees with another part]
oh, and concurrence counts for the majority in this case. it’s so hard to follow along with what thomas is trying to play here.
Well, until the electoral college goes away, the dems squeaked out a win for president. You can’t just discount the way our elections are held. The electoral college, as much as I hate it, is our election. The popular vote isnt.
I think he’s saying “yeah there’s no standing here but just to be super clear I can’t wait to overturn this because I’m a replacement level Fox News inhaling drooler.”
What if all the conservative justices took a road trip with Brett and flew off a cliff
They only won by like 4% against the most incompetent opponent in history during a pandemic. They’re not winning against DeDantis in 2024 without a miracle. They’re going to get stomped if someone like Tucker decides to run.
Unless the economy tanks Biden will have a big incumbent advantage, which has historically been particularly big with latinos for whatever reason.
Zero self reflection, though I admit I thought Obamacare would be overturned too.
i had been thinking about this as well. what if thomas and breyer both kicked it at the same time.
unfortunately, biden will pull a bartlett and nominate one liberal (glenn close) and one conservative (william fichtner) to “balance” the court.
7 Justices were good enough for us from 1807-1837, 7’s good enough until another R wins the Presidency.
Oh good, the Latino voters that Dems make zero effort to court will save us.
That 23-new-posts-to-this-thread sweat tho.
The lone dissent was Alito. I have to read this now.
Sotomayor criticized what she described as Thomas’ effort to cabin the scope of the ATS, to provide a cause of action only for the three violations of international law that were recognized in 1789. Such an interpretation, Sotomayor argued, is contrary to both the Supreme Court’s 2004 ruling in Sosa v. Alvarez-Machain and the text and history of the ATS. It is also, she suggested, a “gross overreaction to a manageable (and largely hypothetical) problem.”
Justice Samuel Alito dissented. Although, he acknowledged, Thomas and Gorsuch “make strong arguments that federal courts should never recognize new claims under the ATS,” he concluded that the court should not address that question here because the companies did not raise it. Instead, he would have rejected the companies’ contention that they cannot be sued and would have sent the case back to the lower courts for further proceedings.
I don’t actually feel like reading it, but it sounds like the plaintiffs will be able to amend their complaint and take another crack at it. Surprisingly, Gorsuch actually thinks corporations can be sued under the ATS, silver linings:
In a concurring opinion joined in different parts by Alito and Kavanaugh, Gorsuch noted that the court had agreed to decide (but ultimately did not) whether corporations can be sued under the Alien Tort Statute at all. “That is a good thing,” Gorsuch reasoned. “The notion that corporations are immune from suit under the ATS cannot be reconciled with the statutory text and original understanding” of the law. However, Gorsuch continued, the “real problem with this lawsuit and others like it” is that the ATS “nowhere deputizes the Judiciary to create new causes of action.”
Must be because it’s foreign slavery. He is looking to uphold Dred Scott.
A good SCOTUS decision for once. 9:0 against the NCAA.
Easiest 9-0 ever? Fuck the NCAA.
This fucking liberal supreme court is out of control. First they do trump and now a bunch of commie ass rulings!
I take pleasuring knowing this shit pisses off the morons and they have zero clue how owned they have us. They will have completely taken over power for a decade but still live in fear.
Meanwhile I will hopefully checked out of politics and hating fucking their daughters.
Not really, I wouldn’t use a woman like that, but if that happens to be the dynamic don’t you dare kink shame me.