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WHITT

(2,868 posts)
Sun Jan 9, 2022, 04:34 PM Jan 2022

Justice Kagan

schools the uninformed RightWingers on the court:


All kinds of judgments on the public health side, on the economic side, how those two things ought to be balanced against each other.

So who decides? Should it be the agency full of expert policy-makers, and completely politically accountable through the president? Or, on the other hand, courts can decide. Courts are not politically accountable. Courts have not been elected. Courts have no epidemiological expertise.

Why in the world would courts decide this question?


SmackDown.

28 replies = new reply since forum marked as read
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Justice Kagan (Original Post) WHITT Jan 2022 OP
This message was self-deleted by its author wyn borkins Jan 2022 #1
since when is SCOTUS medical expert's???? monkeyman1 Jan 2022 #2
That's Kagan's point, in a nutshell! ShazzieB Jan 2022 #4
exactly!! they should be out of bounds on this ! not qualified !! monkeyman1 Jan 2022 #5
There are way too many MurrayDelph Jan 2022 #14
something with congress critter's- we have one with jail record & flunked ged test ????? monkeyman1 Jan 2022 #17
Many lawyers would have been doctors if only they had the grades malaise Jan 2022 #21
Medical experts? keithbvadu2 Jan 2022 #16
that's Kool!! rip them up !!!!!!!!!!!!!!! monkeyman1 Jan 2022 #18
Just saw on YouTube that two of the lawyers arguing childfreebychoice Jan 2022 #3
are they arguing live? barbtries Jan 2022 #6
Well well well. calimary Jan 2022 #23
bingo ! we have a winner!! monkeyman1 Jan 2022 #7
Freedumb rings. Xoan Jan 2022 #8
As if that will have any impact Glaisne Jan 2022 #9
they don't read this stuff anyway!!! monkeyman1 Jan 2022 #19
... things ought to be balanced against each other. StClone Jan 2022 #10
One shot musket days did not envision this craziness. Or the un-"regulated " militia. n/t Evolve Dammit Jan 2022 #11
She WOULD be schooling them, if they weren't so busy ditching school. calimary Jan 2022 #12
cspan is running it now (from friday i think) nt orleans Jan 2022 #13
I'm sure all of the SC justices have been vaxxed. How many have had Covid? 70sEraVet Jan 2022 #15
Have you heard that all the SC justices have been vaccinated? Poiuyt Jan 2022 #22
The goal since day one has been to keep the economy open Orrex Jan 2022 #20
SCOTUS is not being asked if vaccines are the best choice forthemiddle Jan 2022 #24
We already know inthewind21 Jan 2022 #27
Those are all required by either the State or the employer forthemiddle Jan 2022 #28
Exactly! WinstonSmith4740 Jan 2022 #25
Senator RiteWinger has a brain aneurysm. Let's ask the courts if he needs surgery. Ilsa Jan 2022 #26

Response to WHITT (Original post)

MurrayDelph

(5,299 posts)
14. There are way too many
Sun Jan 9, 2022, 06:31 PM
Jan 2022

of what I call "rigid thinkers," who believe that by dint of being an expert in one subject they have de facto expertise in all subjects.

Glaisne

(515 posts)
9. As if that will have any impact
Sun Jan 9, 2022, 05:55 PM
Jan 2022

whatsoever on the conservative justices. They are ideologs. They are there to push the conservative agenda. Good on her anyway.

StClone

(11,683 posts)
10. ... things ought to be balanced against each other.
Sun Jan 9, 2022, 05:56 PM
Jan 2022

Like gun rights vs public safety. The Absolutes of gun supremacy make no sense if the overall goal of The Constitution is for the benefit, well-being, and equity of all. Well-regulated militia goes right over their heads as likely will Covid.

calimary

(81,304 posts)
12. She WOULD be schooling them, if they weren't so busy ditching school.
Sun Jan 9, 2022, 06:04 PM
Jan 2022

They're busily doing their utmost not to pay any attention.

70sEraVet

(3,503 posts)
15. I'm sure all of the SC justices have been vaxxed. How many have had Covid?
Sun Jan 9, 2022, 06:31 PM
Jan 2022

I know Barrett has had it. Does she think its just like the flu?

Poiuyt

(18,125 posts)
22. Have you heard that all the SC justices have been vaccinated?
Sun Jan 9, 2022, 07:42 PM
Jan 2022

I wouldn't automatically assume that Alito and Thomas have been.

Orrex

(63,213 posts)
20. The goal since day one has been to keep the economy open
Sun Jan 9, 2022, 06:52 PM
Jan 2022

Anything that conflicts with that goal will be pushed aside.

forthemiddle

(1,379 posts)
24. SCOTUS is not being asked if vaccines are the best choice
Mon Jan 10, 2022, 09:51 AM
Jan 2022

They are being asked on who has the right to mandate them.
So far they seem to be agreeing (through their non action) that States have the right, the question is does OSHA have that right?
Does the President have that right?
Does Congress have that right?

I don’t know the answer, but I do know SCOTUS isn’t being asked to be the medical experts, just the Constitutional experts.

 

inthewind21

(4,616 posts)
27. We already know
Mon Jan 10, 2022, 02:11 PM
Jan 2022

Who has the right because we have been having vaccines REQUIRED in this country for quite some time now. Hence the reason we aren't still having waves of small pox, polio, measles, rubella, etc. Vaccines REQUIRED to get your kids in school. Vaccines REQUIRED for the military. Vaccines REQUIRED for college. Vaccines REQUIRED for healthcare workers. And so on. This is not a new thing. If the SC shoots down this requirement, then look for all the vaccines currently required to be challenged as well. You can't say "well those requirements are ok, but this one is just an assault on freedom and must be struck down. Like grandma always said, be careful what you wish for. You just might get it. I find it strangely odd that none of the attorneys in favor of it being struck down didn't include ALL required vaccines and I'm equally as surprised that the SC isn't bringing up the long list of vaccines already required.

forthemiddle

(1,379 posts)
28. Those are all required by either the State or the employer
Mon Jan 10, 2022, 02:20 PM
Jan 2022

I think that the Federal Government has the authority over Federal employees, but not over the general public.
The cases before the Supreme Court is who has the authority to mandate. State Governments have that right (via a previous Court ruling).
What other vaccine does the Federal Government mandate, outside being the employer of the military, and other Federal employees?

Ilsa

(61,695 posts)
26. Senator RiteWinger has a brain aneurysm. Let's ask the courts if he needs surgery.
Mon Jan 10, 2022, 12:55 PM
Jan 2022

Don't bother with what those pesky doctors and specialists say. Ignore the MRIs, PET scans, and any other available objective and verifiable data to make a decision. Just ask a court whose medical knowledge is limited to personal anecdotes.

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