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Abortion, gun rights, ObamaCare at stake with Supreme Court pick (322 hits)


Abortion, gun rights, ObamaCare at stake with Supreme Court pick
By John Kruzel

President Trump is poised to replace the late Justice Ruth Bader Ginsburg, a reliably liberal vote on the Supreme Court, with her ideological opposite: a justice who's nearly certain to cast conservative votes on disputes over abortion protections, gun rights and ObamaCare.

Ginsburg's death from cancer on Friday has given Republicans a chance to cement a solid 6-3 conservative majority on the court, which could have both immediate and long-lasting implications for millions of people across the country.

Even relatively stable areas of law - affecting everything from race relations and voting rights to the federal government's power to issue environmental regulations - could be jarred loose, giving conservative activists an opportunity to roll back liberal gains and further their own legal agenda.

Here are some areas of law that could be upended by a rightward shift on the court.

Abortion

A 6-3 conservative majority court could be expected to rein in abortion rights. Even with Ginsburg's vote, the protections that first emerged from the 1973 decision in Roe v. Wade were already on shaky ground.

Earlier this year, in the first major abortion ruling of the Trump era, the court struck down a Louisiana law that imposed strict limits on the procedure. But the ruling underscored the razor-thin voting margin on which a woman's right to terminate a pregnancy rested, with Chief Justice John Roberts joining the court's four liberals to form a bare 5-4 majority.

An additional conservative on the court, however, could mean the decisive vote in a future dispute over abortion rights belongs to Justice Brett Kavanaugh, a Trump appointee who dissented in the Louisiana case.

More broadly, a conservative replacement for Ginsburg would push the court's fulcrum to the right of its current ideological center, Roberts, whose stewardship of the court is viewed by some conservatives with increasing skepticism.

ObamaCare

The court is scheduled to hear arguments Nov. 10 in the latest Republican-led challenge to the Affordable Care Act, also known as ObamaCare. In a landmark 2012 decision, Roberts joined the liberals to uphold the 2010 law, which includes protections for those with pre-existing conditions.

The Trump administration has backed more than a dozen GOP states that aim to strike down the law in its entirety, and a conservative replacement on the court would make that more likely. ObamaCare's fate now hangs in the balance, at a moment when COVID-19 has killed around 200,000 people in the U.S. and the resulting recession has forced millions off their employer-based health insurance plans.

Second Amendment

The court's four more-conservative members - Justices Kavanaugh, Neil Gorsuch, Samuel Alito and Clarence Thomas - have signaled a willingness to revisit the scope of the Second Amendment. Several justices expressed frustration last term when the court declined to issue a major ruling on a challenge to a New York City handgun regulation that put tight limits on a gun owner's ability to transport firearms outside their home.

Another like-minded conservative justice could increase the likelihood of the court taking up challenges to restrictions on semi-automatic rifles and large capacity magazines. Conservative activists and gun rights groups have also pushed for the court to establish a constitutional right to carry a firearm outside one's dwelling.

LGBT rights

Many conservatives felt betrayed last term when Gorsuch, Trump's other appointee, wrote a majority opinion that extended workplace antidiscrimination protections to LGBT people. Given that the decision was 6-3, with Gorsuch and Roberts joining the court's liberal bloc, there's some reason to think that another conservative on the bench would not fundamentally shift the court's balance on future disputes over LGBT rights.

But that theory may soon be put to the test. One of the major cases scheduled for the court's term that begins next month is a dispute that involves the religious rights of a Catholic foster care group that refused to place children in the homes of same-s*x couples.

Environmental and other regulations

Conservatives have long sought to scale back the power of federal agencies to issue regulations on everything from the environment to consumer protections. An extreme example of the conservative justices' distaste for the "administrative state" came last term when Thomas took the unusual step of issuing a dissent that rebuked a decision he had authored 15 years earlier that reinforced the legal doctrine undergirding administrative power.

Another conservative justice could make it more likely that the court tosses the so-called Chevron deference, the legal principle stemming from a 1984 case that instructs courts to defer to interpretations by federal agencies when guidance from Congress is vague.

Trump's political fortunes

A 6-3 conservative majority could also help Trump politically. The court will hear arguments in its upcoming term over House Democrats' pursuit of secret grand jury material related to former special counsel Robert Mueller's probe into Russia's 2016 election interference and Moscow's contacts with the Trump campaign.

Another reliably conservative vote on the bench could make it more likely the court blocks the Democratic-led committee's efforts.

Posted By: Deacon Ron Gray
Tuesday, September 22nd 2020 at 8:54AM
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Obamacare is not at stake.

Tuesday, September 22nd 2020 at 9:26AM
Steve Williams
RBG’s death means Obamacare may be doomed — even if Trump doesn’t get another Supreme Court pick

A 4-4 tie would defer to a lower court ruling, which already found the Affordable Care Act to be unconstitutional

https://www.salon.com/2020/09/21/rbgs-death-means-obamacare-may-be-doomed--even-if-trump-doesnt-get-another-supreme-court-pick/

Tuesday, September 22nd 2020 at 9:29AM
Steve Williams
Ginsburg's death leaves the court with a 5-3 conservative majority as it prepares to hear California v. Texas a week after the presidential election in November. The lawsuit was brought by a coalition of red state attorneys general seeking to strike down the entire Obamacare law, including the Medicaid expansion and protections for individuals with pre-existing conditions.

Yes it is and you know it is for a FACT. Steve, If Trump gets reelected, do you want to see Obamacare discontinued?

Tuesday, September 22nd 2020 at 9:34AM
Deacon Ron Gray
Roberts won't vote against Obamacare, but don't be stupid Ron. Are you trying to tell me that 5-3 is different in effect from 5-4???

Tuesday, September 22nd 2020 at 1:45PM
Steve Williams
In dramatic moves behind the scenes, Roberts shifted multiple times in that landmark Obamacare challenge. After the 2012 case was argued, Roberts was part of a five-justice majority that wanted to strike down the individual insurance mandate. But he became wary of voiding a significant part of the law that was years in the making and reconsidered.

That eventual 2012 decision has shaped public perceptions of the chief justice, who since then has been viewed with skepticism by conservatives even as his record -- for example, on racial issues, campaign finance and religion -- remains solidly on the right.

https://www.cnn.com/2019/07/10/politics/john-roberts-affordable-care-act-5th-circuit/index.html

Tuesday, September 22nd 2020 at 1:51PM
Steve Williams
No but 6 to 3 would effect The Supreme Court for a few generation's. Steve, I gave you to much credit because I thought you knew what Moscow Mitch and the rest of The Republican Party was up to. Interesting WOW!!!




Tuesday, September 22nd 2020 at 3:26PM
Deacon Ron Gray
I don't agree abortion will be at stake Ron but I think gun rights are.

Tuesday, September 22nd 2020 at 6:43PM
Steve Williams
The good thing is that you, don't have to agree to abortion, that is a woman's right that you, Trump and the Republicans will take away.

How do you like being in that company Steve?




Tuesday, September 22nd 2020 at 7:40PM
Deacon Ron Gray
Are you a woman Ron? Why do you as a man feel compelled to get in their business?

Tuesday, September 22nd 2020 at 8:53PM
Steve Williams
You sound like a chauvinist.

Tuesday, September 22nd 2020 at 8:55PM
Steve Williams
Although Trump’s appointments have shifted the Court in many significant ways, this case is a sign that the institution cannot be rapidly transformed to meet the political needs of the current administration. For groups that have worked closely with the president to change the makeup of the Supreme Court and limit abortion rights, the decision in June Medical is a major strategic loss. “Today’s ruling is a bitter disappointment,” said Marjorie Dannenfelser, the president of the Susan B. Anthony List, an influential anti-abortion-rights advocacy organization, in a statement. “It demonstrates once again the failure of the Supreme Court to allow the American people to protect the well-being of women from the tentacles of a brutal and profit-seeking abortion industry.” For activists and scholars who support abortion rights, however, this is a victory—not just because the Court decided in their favor, but because it shows that even controversial issues such as abortion will not be wholly decided by political imperatives. “We should celebrate because it’s also a sign that there’s something going on,” Aziza Ahmed, a law professor at Northeastern University, told me. “We can’t just assume that because we have a conservative majority, the right will always win.”

https://www.theatlantic.com/politics/archive/2020/06/supreme-court-abortion-trump/613642/

Tuesday, September 22nd 2020 at 9:25PM
Steve Williams
YOUR QUESTION: Are you a woman Ron?

MY REPLY: NO... And you know that, Steven.

YOUR QUESTION: Why do you as a man feel compelled to get in their business?

MY REPLY: As long as men like you are will to take women's right, I will be their.

Would you agree that a 6 to 3 would effect The Supreme Court for a few generation's, Steve?

I gave you to much credit because I thought you knew what Moscow Mitch and the rest of The Republican Party was up to. Interesting WOW!!!


Tuesday, September 22nd 2020 at 10:07PM
Deacon Ron Gray
Ron, neither I nor the court are going to "take women's right," Don't be a pea brain.

Tuesday, September 22nd 2020 at 10:36PM
Steve Williams
BULL 💩 and you know it because this has been coming for years.




Tuesday, September 22nd 2020 at 10:56PM
Deacon Ron Gray
Not from the Supreme Court Ron. I reminded you how the court upheld abortion just recently. The court has ALWAYS upheld abortion. Roe v. Wade is established law as every Justice has confirmed. You're just fear mongering again.

Wednesday, September 23rd 2020 at 5:10AM
Steve Williams
Amy Coney Barrett & Roe v. Wade: Her Position on Abortion

https://heavy.com/news/2018/07/amy-barrett-roe-abortion-coney-v-wade/

Wednesday, September 23rd 2020 at 5:35AM
Steve Williams
BULL 💩STEVEN, Let's take a look at what I said on the subject of Abortion

A 6-3 conservative majority court could be expected to rein in abortion rights. Even with Ginsburg's vote, the protections that first emerged from the 1973 decision in Roe v. Wade were already on shaky ground.

Earlier this year, in the first major abortion ruling of the Trump era, the court struck down a Louisiana law that imposed strict limits on the procedure. But the ruling underscored the razor-thin voting margin on which a woman's right to terminate a pregnancy rested, with Chief Justice John Roberts joining the court's four liberals to form a bare 5-4 majority.

An additional conservative on the court, however, could mean the decisive vote in a future dispute over abortion rights belongs to Justice Brett Kavanaugh, a Trump appointee who dissented in the Louisiana case.

More broadly, a conservative replacement for Ginsburg would push the court's fulcrum to the right of its current ideological center, Roberts, whose stewardship of the court is viewed by some conservatives with increasing skepticism.

I also mentioned ObamaCare

The court is scheduled to hear arguments Nov. 10 in the latest Republican-led challenge to the Affordable Care Act, also known as ObamaCare. In a landmark 2012 decision, Roberts joined the liberals to uphold the 2010 law, which includes protections for those with pre-existing conditions.

The Trump administration has backed more than a dozen GOP states that aim to strike down the law in its entirety, and a conservative replacement on the court would make that more likely. ObamaCare's fate now hangs in the balance, at a moment when COVID-19 has killed around 200,000 people in the U.S. and the resulting recession has forced millions off their employer-based health insurance plans.

Steve, how would you feel if The Republicans was able to dismantle The Affordable Care Act?


Wednesday, September 23rd 2020 at 9:24AM
Deacon Ron Gray
The good news is, Trump will put another originalist on the court and we'll see if you are right or if I am right. I'll be sure to remind you when it turns out you are wrong.

Wednesday, September 23rd 2020 at 12:29PM
Steve Williams
How is the hell you can say that when you don't know who Trump will pick.

Steve, how would you feel if The Republicans was able to dismantle The Affordable Care Act?


Wednesday, September 23rd 2020 at 1:07PM
Deacon Ron Gray
What makes you think you know what the court will decide Ron?

Wednesday, September 23rd 2020 at 1:32PM
Steve Williams
Because it was tried before now, back to what I asked you: Steve, how would you feel if The Republicans was able to dismantle The Affordable Care Act?



Wednesday, September 23rd 2020 at 2:42PM
Deacon Ron Gray
It's already been dismantled Ron.

Saturday, September 26th 2020 at 1:48PM
Steve Williams
It's already been dismantled, what do you mean Steve?

If so, what was it replace with?


Saturday, September 26th 2020 at 4:42PM
Deacon Ron Gray
It's already been struck down Ron, already been ruled unconstitutional. Where have you been?

Saturday, September 26th 2020 at 6:02PM
Steve Williams
Whether 5-3 or 6-3 the appeal will fail.

Saturday, September 26th 2020 at 6:04PM
Steve Williams
MY QUESTION TO YOU WAS THIS: Steve, how would you "FEEL" if The Republicans was able to dismantle The Affordable Care Act?

YOUR REPLY: It's already been struck down Ron, already been ruled unconstitutional. Where have you been?


MY QUESTION: How do you FEEL about that Steve?



Saturday, September 26th 2020 at 10:11PM
Deacon Ron Gray
Obamacare has already caused a Great Divide. It's too late to worry about how I feel now. It was your mistake Ron not mine.

Sunday, September 27th 2020 at 12:17AM
Steve Williams
All you had to do was give us the public option.

Sunday, September 27th 2020 at 12:18AM
Steve Williams
You did see these TWO paragraph, did you Steve: "ObamaCare

The court is scheduled to hear arguments Nov. 10 in the latest Republican-led challenge to the Affordable Care Act, also known as ObamaCare. In a landmark 2012 decision, Roberts joined the liberals to uphold the 2010 law, which includes protections for those with pre-existing conditions.

The Trump administration has backed more than a dozen GOP states that aim to strike down the law in its entirety, and a conservative replacement on the court would make that more likely. ObamaCare's fate now hangs in the balance, at a moment when COVID-19 has killed around 200,000 people in the U.S. and the resulting recession has forced millions off their employer-based health insurance plans.

So that means Steve, Obama Care is NOT gone yet. MY QUESTION TO YOU WAS THIS: Steve, how would you "FEEL" if The Republicans was able to dismantle The Affordable Care Act?


Sunday, September 27th 2020 at 9:20AM
Deacon Ron Gray
The Supreme Court will rule whether or not to reverse the lower court decision, which has ruled against obamacare.

Sunday, September 27th 2020 at 9:43AM
Steve Williams
MY QUESTION TO YOU WAS THIS: Steve, how would you "FEEL" if The Republicans was able to dismantle The Affordable Care Act?

You still won't answer that question that I have asked you a few times now and you still are running like hell from. Let me give you some time to think about a answer because I didn't know you was that SLOW.

so, I will get back will you later BYE.





Sunday, September 27th 2020 at 2:11PM
Deacon Ron Gray
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