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TOPIC: SCOTUS_Gay_Marriage_Decisions
Created by: vabeachcouple33
Original Starting post for this thread:
I'm sure opinions will morph a little - mine included - as we look more at the details of the court decisions and think about things a little bit... however, let's give our half-baked thoughts.

What are the implications of these decisions from a political angle? Most people are hailing this as a victory for gay rights, and it seems this really has nothing to do with gay rights at all and is more about setting defining lines about what is and is not the Federal government's role.

It looks on the surface to be a 10th Amendment victory, which I am reflexively inclined to celebrate. However, this seems to fly in the face of 10th Amendment defeats such as the ACA decision.

So what is the court up to, here? Are they actually defending the 10th Amendment, or are they going along with ideological lines with what is politically popular?

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Funny, I got that from your first post.

Pittsburgh PA
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I was mostly just grumbling about how the Feds often just resort to the Commerce Clause to do whatever they want. Don't worry about it.

Los Angeles CA
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Just because a law (or regulation) doesn't run afoul of the Commerce Clause doesn't mean it passes muster on other constitutional challenges. For example, the commerce clause clearly would give Congress the power to regulate interstate media conglomerates; but a content-based law infringing those entities' First Amendment rights wouldn't be upheld just because there was nothing excessive from a Commerce Clause angle.

Richland MS
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<strong>Thats funny becaue Maany states are opting totally out of Abamacare.</strong>

Bullard TX
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And yes I appreciate that Sotomayor gave the injunction. Good for her.

I think ultimately the decision will be overturned, but we'll see. If it stands, it effectively bulldozes all state regulations on the matter.

Los Angeles CA
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I didn't word that very well. I meant - I'm surprised the Feds couldn't throw together some kind of Commerce Clause argument whch could be used to steamroll over everything else when it comes to justifying their getting involved in everything.

I still probably didn't word that well. Forgive me... my brain is still not functioning very well....

Los Angeles CA
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<strong>A lot of States are finally realizing that they do not answer to the Fed, Government,</strong>

<strong>Mickey.</strong>

Bullard TX
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"Btw, this is the second injunction Sotomayor has granted to conservatives in the last week. Activist. "

Maybe the Times Square ball drop thing didn't enhance her popularity enough.

Pittsburgh PA
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"but I don't get it. "

Seems to happen quite a bit.

Pittsburgh PA
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Btw, this is the second injunction Sotomayor has granted to conservatives in the last week. Activist.

Richland MS
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TOPIC: SCOTUS Gay Marriage Decisions
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