23 comments
KayWhitlock
KayWhitlock

A thousand thanks for this, Nancy.  You've laid it out exactly as it is.  As someone who identifies as queer, I might be glad for the DOMA and Prop8 decisions, even though they are limited and flawed.  But the real winners:  white supremacy and state's rights.
Patriarchy is flexing its muscles, too, in Texas and elsewhere.

The Voting Rights Act, the Indian Child Welfare Act, Affirmative Action, the right of workers to hospitable working environments - well, we see what SCOTUS thinks of those.


I feel steely and there is fire in my heart.  I will not sit down, shut up, or say only

Seeta
Seeta moderator

What a great roundup Nancy of this week's SCOTUS decisions.  While the DOMA decision is undeniably historic and monumental, the fundamental right to the ballot box is undeniably the most important right that we have as citizens -- SCOTUS gutted the VRA this week and we'll have to not only fight hard for new legislation but also fight beyond achieving new legislative outcomes in creative ways since law will always be unfinished social policy.

nancy a heitzeg
nancy a heitzeg moderator

@KayWhitlock thnaks Kay

yes even when this Court does the right thing - they do it in the worst possible way. One that will come back to haunt later.

i have come to believe that John Roberts is the worst thing Bush ever did :/

nancy a heitzeg
nancy a heitzeg moderator

@Seeta Yes to this Seeta --

also fight beyond achieving new legislative outcomes in creative ways since law will always be unfinished social policy. 

That is so true..

KayWhitlock
KayWhitlock

@ScottieThomaston Me, too, pal.  Knew it was coming.  Nothing consistent in terms of real equality and justice from this court.  


Lovely to see you, fiery blogger friend.

nancy a heitzeg
nancy a heitzeg moderator

ps I do wish the ruling in Prop8 had been framed differently -- too much state's rights and then it seems it might limit challenges to CA ballot measures.. 

what do you think about the cases today?? what to do about the 37 states still with a Ban?

nancy a heitzeg
nancy a heitzeg moderator

@ScottieThomaston hey Scotttie - me too , although in my heart I knew it was coming

Very glad about DOMA -- but yes forward and backward on rights form this Court

thanks for stopping -- great tp see you

KayWhitlock
KayWhitlock

@nancy a heitzeg @KayWhitlock And he did it very strategically.  Roberts has been going after VRA his entire legal career.  And his support of state's rights was always at the center of who he is.

ScottieThomaston
ScottieThomaston

@nancy a heitzeg I have mixed feelings. I am relieved neither were upheld. But I wished they'd have decided on the level of scrutiny (and essentially required those people defending antigay laws to prove they'er constitutional instead of putting the burden on LGBTs) but they didn't. And I think that affected the whole DOMA opinion. It could have been more about discrimination. Instead because they didn't want to address that question it was all about a state's equal dignity, whatever that is. 


Prop 8 I expected but the line up was weird. Kennedy was in dissent (he believed there was standing, but did not say anything about the merits.) So was Sotomayor. I am still disappointed especially because it's kind of a joke. Kennedy's DOMA opinion almost quotes a section of the Ninth Circuit's opinion in Prop 8. Then he talks about equality and fairness and how the state in the DOMA case has decided to promote fairness and blahblah, well if he thinks marriage equality is right under equal protection why not decide that way? Just weird.

ScottieThomaston
ScottieThomaston

@nancy a heitzeg @ScottieThomaston Great to see you too! Now that this is over I can try to stop by more. Been working nonstop. It's weird - I'm more RELIEVED  at the wins than actually excited. My mentality is more like 'wow, that didn't suck!" I've been sick over it. 

 And then after the VRA decision, well, that was actually more interesting to me so losing on that one was really hard to take. If Congress doesn't attempt to fix Section 4 and there is not any outrage, I may start thinking we've reached a point where the Supreme Court can do whatever it wants, even invalidate significant civil rights laws, and majorities don't care. 

nancy a heitzeg
nancy a heitzeg moderator

@ScottieThomaston @nancy a heitzeg \thanks for your thoughts.. Yes re DOMA and the 14th..

i will have to read the Prop 8 case in more detail -- just saw some early  comments that wondered about long range impact

nancy a heitzeg
nancy a heitzeg moderator

ps Soooooooooooo very very glad you stopped here today Scottie.. Means a lot

thank you

nancy a heitzeg
nancy a heitzeg moderator

@ScottieThomaston @nancy a heitzeg 

you know I think After Bush v Gore, they can do whatever they want.. They Crowned Bush

we truly do need a Congress that can rewrite Section 4 -- the irony that decision made it even harder to get ;/

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  1. […] in the field of “community corrections” growing. The courts failed us yet again with the gutting of the Voting Rights Act and the acquittal of George Zimmerman, just two examples among many. Perhaps the best overview is […]