General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsCases, laws that are NOW on "shaky legal grounds"
Separating black and white students in public schools is unconstitutional.
Loving v. Virginia, 1967 (9-0 decision)
Invalidated state laws prohibiting interracial marriage.
United States v. Nixon, 1974 (8-0 decision)
President cannot use executive privilege to withhold evidence from criminal trial.
Gideon v. Wainwright, 1963 (9-0 decision)
Criminal defendants have a right to an attorney even if they cannot afford one.
New York Times v. Sullivan, 1964 (9-0 decision)
Lawsuits based on libel or defamation must show intent or recklessness.
Miranda v. Arizona, 1966 (5-4 decision)
Prisoners must be advised of their rights before being questioned by police.
Regents of the University of California v. Bakke, 1978 (5-4 decision)
Upheld use of race as one of many factors in college admissions.
Lawrence v. Texas, 2003 (6-3 decision)
Struck down state laws that prohibited sodomy between consenting adults.
National Federation of Independent Business v. Sebelius, 2012 (5-4 decision)
Upheld the mandate that most Americans have health insurance.
Thanks to what happened last year, these are now ALL on "shaky legal ground."
Oh , and almost forgot
Women have a constitutional right to an abortion during the first two trimesters.
Ms. Toad
(34,127 posts)If you're talking about Gorsuch on the court, his appointment does not change the balance of the Supreme Court. One conservative just was swapped in for one conservative justice who died. In general, even if it had been swapping a conservative justice for a liberal one most Supreme Court justices respect stare decisis and - at most - make incremental changes.
elleng
(131,391 posts)I agree.
Eliot Rosewater
(31,137 posts)I mean if one of them dies or retires, the court moves swiftly to the FAAAAAAAAR right.
Right?
Ms. Toad
(34,127 posts)None of the liberal justices died last year, and even if they had, a death on the court doesn't create shaky legal grounds for specific cases. Only a change in a common law underpinning all of them, or a supreme Court decision overruling or modifying an earlier decision on which they all relied would place them on shaky legal grounds.
That has nothing to do with whether I am concerned about a growing trend toward conservatism on the court, in the wake of the big jerk's election. Only that his election did not change the legal solidity of a select group of cases.
AZ8theist
(5,531 posts)Griswold v. Connecticut
The case involved a Connecticut "Comstock law" that prohibited any person from using "any drug, medicinal article or instrument for the purpose of preventing conception." By a vote of 72, the Supreme Court invalidated the law on the grounds that it violated the "right to marital privacy"
These repuke fuckwits are coming after everything....
marybourg
(12,650 posts)It's only fair.
dsc
(52,173 posts)Thomas is in an interracial marriage so I highly doubt he would vote down loving and I also think that the rest would be loathe to do so. Even the Justice Department brief in favor of the baker in CO made clear that racial discrimination couldn't be excused by religious fervor. Gideon has major friends in the legal community on all sides and would likely still be 9 to 0. Sullivan is safe as conservatives are big proponents of free speech often. Scalia was a vote for the flag burning case for example.
Eliot Rosewater
(31,137 posts)irisblue
(33,056 posts)you forgot these.I added them for you.
Stay healthy RBG