Mock U.S. Supreme Court...
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Author Topic: Mock U.S. Supreme Court...  (Read 32677 times)
Dr. Cynic
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« Reply #50 on: October 16, 2008, 09:16:01 PM »

I know Happy Warrior has as well because I just talked to him. Bullmoose and I had a conversation and he is ready to vote (saving his official vote for last he told me), so it seems that the only ones who haven't or are unknown are Bacon King and Xahar.
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Хahar 🤔
Xahar
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« Reply #51 on: October 16, 2008, 09:59:00 PM »

Haven't had time.
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Bacon King
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« Reply #52 on: October 17, 2008, 12:08:47 PM »

I have.
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Dr. Cynic
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« Reply #53 on: October 17, 2008, 06:43:48 PM »

That's everyone but Xahar, I believe. Let's get this thing finished up. This should be an easy thing.
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Peter
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« Reply #54 on: October 18, 2008, 05:27:38 AM »

I apologise for my lateness - I have now sent a vote to Bullmoose
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Dr. Cynic
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« Reply #55 on: October 18, 2008, 12:13:34 PM »

Alright, I think everyone has at least sent in a preliminary vote... Now we gotta wait for Bullmoose to get his lazy ass on.
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bullmoose88
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« Reply #56 on: October 19, 2008, 04:20:12 PM »

Alright, I think everyone has at least sent in a preliminary vote... Now we gotta wait for Bullmoose to get his lazy ass on.

Hits cynic with his two ton gavel.
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Dr. Cynic
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« Reply #57 on: October 19, 2008, 06:41:36 PM »

Alright, I think everyone has at least sent in a preliminary vote... Now we gotta wait for Bullmoose to get his lazy ass on.

Hits cynic with his two ton gavel.

Haha... I've now got to get my lazy ass to writing the opinion. I'll be sending it to each justice.
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Dr. Cynic
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« Reply #58 on: October 19, 2008, 07:20:54 PM »

All Justices have been made aware of the tally. Tally and Majority opinion will follow shortly.

A new case may now be proposed.
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Associate Justice PiT
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« Reply #59 on: October 19, 2008, 07:27:32 PM »

     Ooh! Ingraham v. Wright! Smiley
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Dr. Cynic
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« Reply #60 on: October 19, 2008, 07:38:56 PM »

Second Case on the Docket:

INGRAHAM V. WRIGHT


How the Court Voted: MAJORITY: Powell, Burger, Stewart, Blackmun, Rehnquist....... DISSENT: White, Brennan, Marshall, Stevens...................


Case History: The Court upheld the disciplinary corporal punishment policy of Florida's public schools.


Public Opinion: Polls show that most citizens do not favor coporal punishment and many school districts are doing away with the practice.
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Dr. Cynic
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« Reply #61 on: October 19, 2008, 11:13:58 PM »
« Edited: October 19, 2008, 11:17:14 PM by Dr. Cynic »

Here is the Roe V Wade opinion. (Concurrences and Dissents may follow)


Opinion of the Court as presented by
Mr. Justice CynicSad

"The Texas law that stated it was a crime to assist a woman ("Jane Roe") getting an abortion is hereby overturned. We deem that abortion is a fundamental right, although there was some debate over specific interpretation. Some favored the Ninth Amendment and some favored the Fourteenth. I personally side with the Fourteenth's Due Process Clause, Ergo, any person may do whatever they wish with any part of their body. Scientific experts seem to confirm that fetuses are not viable outside of the womb, and we feel that it would be a violation of the Due Process Clause to deny a woman the right to do whatever she may wish with her body.

U.S. District Court for the Northern District of Texas affirmed in part, reversed in part."



Joined by: Mr. Chief Justice Bullmoose, Mr. Justice Constine, Mr. Justice Festoon, Mr. Justice King, Mr. Justice Xahar.


Dissenting from the opinion: Mr. Justice Peter, Mr. Justice Pit, Mr. Justice Happywarrior.
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Peter
Junior Chimp
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« Reply #62 on: October 20, 2008, 10:40:24 AM »

The facts of this case are relatively simple: In the State of Texas, a woman known in this case as Jane Roe fell pregnant. For whatever reasons she has decided that she wishes to terminate the pregnancy and these reasons are not acceptable for an abortion under Texas Law. The District Court has ruled in favour of Roe but has not injuncted the laws barring abortion. We granted certioari to consider the Court's judgement.

I

The case is justicable by this and other federal Courts. Pregnancy is a significant fact in the litigation, the normal 266-day human gestation period is so short that the pregnancy will come to term before the usual appellate process is complete. If that termination makes a case moot, pregnancy litigation seldom will survive much beyond the trial stage, and appellate review will be effectively denied. Our law should not be that rigid. Pregnancy often comes more than once to the same woman, and in the general population, if man is to survive, it will always be with us. Pregnancy provides a classic justification for a conclusion of nonmootness. It truly could be capable of repetition, yet evading review.

II

Whilst I do not deny the majority the justicability of this case, I must reject their underlying premise: That the Right to an abortion is found within the Constitution and its Amendments at any point. Whilst the Court may point to a Right to privacy, I must disagree that such a Right includes the Right to an abortion.

The decisions in Griswold and Eisenstadt were founded on the premise that the penumbras of the Bill of Rights and/or the Due Process clause of the 14th Amendment protected certain Rights where no explicit provision protected the Right nor did any State power deny the Right. In this case I must conclude that a State Power denies Roe the right to terminate a pregnancy.

The Court in this case points directly towards the Due Process Clause of the 14th Amendment, presumably relying upon the Substantive Due Process doctrine. The doctrine effectively protects fundamental rights implicit in the concept of ordered liberty where the state cannot demonstrate some compelling state interest which allows the denial of a right. In this case I must find that the State of Texas has a compelling interest in protecting the potential for new human life – the ability of the state to protect the continuation of our society by limiting abortion should be upheld

III

I add here my own personal views – the state of Texas should liberalise its abortion laws – the right of an abortion should not be so severely restricted that it is only allowed to save the life of the mother. It is however, not my view that this Court should substitute itself for the elected representatives of the People of Texas – whilst I may disagree with their decision, there is foundation for them to take this action in the Constitution, and so their decision should stand.

For myself, and any of my colleagues who join me, I respectfully dissent.
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Associate Justice PiT
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« Reply #63 on: October 20, 2008, 07:50:31 PM »

     I'll join (if that's proper protocol).
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Dr. Cynic
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« Reply #64 on: October 20, 2008, 08:07:11 PM »

     I'll join (if that's proper protocol).

I suppose so... Since we're looking at another case in Ingraham V. Wright... I propose we have a discussion at some point over it.
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Associate Justice PiT
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« Reply #65 on: October 20, 2008, 09:49:00 PM »

     Since both sides have submitted their opinions on the first case, I guess we should keep track of who has voted on the second case.

     I have.
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Dr. Cynic
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« Reply #66 on: October 20, 2008, 10:17:07 PM »

I've voted.
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Bacon King
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« Reply #67 on: October 21, 2008, 01:30:11 PM »

I has.
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Peter
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« Reply #68 on: October 21, 2008, 01:35:23 PM »

Voted, I have.
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Dr. Cynic
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« Reply #69 on: October 23, 2008, 07:09:47 PM »

*Bump* Those that haven't voted yet should do so soon...
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Kaine for Senate '18
benconstine
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« Reply #70 on: October 23, 2008, 07:20:05 PM »

I voted.
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Dr. Cynic
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« Reply #71 on: October 24, 2008, 03:53:36 PM »

It's been several days... If you haven't voted yet, then you should be excluded from the descision by the end of the day.
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Bacon King
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« Reply #72 on: October 24, 2008, 04:00:42 PM »

wait, who were we supposed to send our votes to? I sent mine to bullmoose.
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Dr. Cynic
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« Reply #73 on: October 24, 2008, 04:25:21 PM »

We're supposed to send our votes to Bullmoose... I think there are only one or two justices holding us up. The vote should be the thing that takes the least amount of time.
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Dr. Cynic
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« Reply #74 on: October 24, 2008, 08:35:20 PM »

We have everyone's vote, thank god... Opinion will come once we decide who writes it.
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