SCOTUS oral argument transcript posted on case - school v. group that discriminates against gays

usregimechange

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Mon Apr-19-10 04:16 PM
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SCOTUS oral argument transcript posted on case - school v. group that discriminates against gays

Edited on Mon Apr-19-10 04:17 PM by usregimechange

SCOTUS splits sharply on campus Christian argument (Mon Apr-19-10)
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x8176227

"JUSTICE SOTOMAYOR: So is this an exception that you want to talk about as it is applied to religious groups, or are you suggesting that if a group wanted to exclude all black people, all women, all handicapped persons, whatever other form of discrimination a group wants to practice, that a school has to accept that group and recognize it, give it funds and otherwise lend it space?"

Hastings College of Law v. Martinez:
http://www.supremecourt.gov/oral_arguments/argument_transcripts/08-1371.pdf

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usregimechange

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Mon Apr-19-10 04:25 PM
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1. and just when you think Kennedy might side with the right wing judicial activists:

JUSTICE KENNEDY: Of course, that is not a religion case. Your argument at its most fundamental level is that religious organizations are different because religion is all about belief. But at that point don't we also have a tradition of separation? That's the whole reason why church and state for many purposes are kept separate, so that States are not implicated with religious beliefs.

:thumbsup:

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pepperbear

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Mon Apr-19-10 04:27 PM
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2. OMG! Even Scalia isn't competely buying the club's side....

Edited on Mon Apr-19-10 04:28 PM by pepperbear

at least that's my interpretation of some of his comments.

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usregimechange

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Mon Apr-19-10 04:28 PM
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3. I must have missed that but am only about 1/3rd of the way through it

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pepperbear

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Mon Apr-19-10 04:46 PM
Response to Reply #3

4. it would seem upon further reading that he is at least just as hard on the

plaintiffs as he is on the defedants.

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anigbrowl

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Mon Apr-19-10 04:55 PM
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7. Well, that is his job :-)

I listen to a lot of oral arguments (for study reasons). It's not unusual for justices to give both sides a hard time and challenge any weaknesses in their brief. As individuals, they are all a lot more complex than people appreciate. I've given up trying to apply simplistic conservative/liberal classifications, because for any justice you name, it's not hard to find an opinion that completely contradicts the popular image of them.

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rurallib

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Mon Apr-19-10 04:51 PM
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5. hard to tell which way Thomas is leaning based on his comments

I only got about 1/3 through - does his questioning pick up a little later?
Was he awake?

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anigbrowl

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Mon Apr-19-10 05:06 PM
Response to Reply #5

8. He doesn't usually ask a lot of questions at argument...

...on the basis that if he waits long enough, someone else asks it for him, and he doesn't like to second-guess the attorney's argument. On past form I guess he's more likely to rule with the college, but don't ask me to justify that with citations right now.

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Thrill

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Mon Apr-19-10 04:53 PM
Response to Original message

6. Wow You have to love Sotomayor and Stevens

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