dcraelin
VIP Member
- Sep 4, 2013
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Well in a way, It is a quote from a justice who I am convinced would disagree with the opinion, and which fits closer to the reasoning of the dissents.....so it's use shows lack of logic on the part of the writer. Which is in part why I can bash the opinion as absurd.
Not 'in a way'. You straight up ignored Romer and its very clear language on discrimination against gays.
Ignoring binding legal precedent isn't a legal argument. Especially when we're talking about lower court rulings that neither know of your arbitrary dismissal of all binding precedent that you don't like.......and care even less.
The lower courts are required to use precedent of the Supreme Court. And the court made its position on same sex marriage bans ludicrously clear in Windsor. With the foundation for those findings in Romer and Lawrence.
That you ignore all such rulings changes nothing.
I showed you other prominent law professors who disagree and are also confounded by the opinion...but you are so so much smarter then them on legal stuff.
And I showed you numerous lower court rulings who found Romer to be immediately relevant. Including the Supreme Court itself which cited Romer in the Windsor decision. Emphasizing its importance and its findings.
Which makes your abitrary dismissal of all lower court rulings citing it, all USSC rulings citing it, and the ruling itself all the more useless.
As your dismissal has no relevance to its legal validity. That you don't like Romer is meaningless in terms of it being binding precedent. And is even more meaningless in the lower court's citation of it.
Your personal opinion v. binding legal precedent has the same winner every time. Not you.
They ARE required to abide by Romer, and Lawrence, and Windsor, I agree .....which does not conflict with abiding by Baker,......which dealt directly with the question at hand in these cases that led to obergefell.
Baker was a one sentence denial of cert from 40 years ago. None of the legal precedent laid out in Romer, Lawrence or Windsor existed when that one sentence was written. And the precedent on the matter that has come since changed the legal landscape dramatically.
You ignored them all in favor of a denial of cert. You were just plain wrong. But even Scalia makes it clear that the court's position was beyond mistaking. Virtually every court to rule on the matter affirms as much. And the Obergefell ruling is the cherry on the top of you not knowing what you're talking about.
Its not Scalia, almost all lower courts and the Supreme Court that was wrong on Windsor. Its just you.
absolutely nothing above you haven't (wrongfully) said in the past.....including the IDIOTIC argument that it is my opinion and that, surprise surprise? the courts have ruled differently....................congratulations on finding yet another verbose way to reword it.
IT is YOU who haven't addressed arguments., you keep regurgitating that what I say is my opinion......no fucking duh.