Ruth Bader Ginsburg eviscerates same-sex marriage opponents in court

[kpete]

At 82, the supreme court justice cut through the question of gay marriage’s constitutionality in a way that seemed to move even her most conservative peers


......

“Marriage today is not what it was under the common law tradition, under the civil law tradition,” said Ginsburg when Justices Roberts and Kennedy began to fret about whether the court had a right to challenge centuries of tradition.

“Marriage was a relationship of a dominant male to a subordinate female,” she explained. “That ended as a result of this court’s decision in 1982 when Louisiana’s Head and Master Rule was struck down … Would that be a choice that state should (still) be allowed to have? To cling to marriage the way it once was?”

“No,” replied John Bursch, the somewhat chastised lawyer for the states who are seeking to preserve their ban on gay marriage.

....................

In the end, her bottom line – rejecting the notion that extending marriage rights would somehow weaken the institution – was persuasive enough that even chief justice Roberts appeared sympathetic.

“All of the incentives, all of the benefits that marriage affords would still be available,” said Ginsburg. “So you’re not taking away anything from heterosexual couples. They would have the very same incentive to marry, all the benefits that come with marriage that they do now.”

[merrily]

1. National treasure, icon, hero

No words are big enough for this tiny, brave woman.

[jwirr]

15. I smiled and thought "Founding Mother".

[hifiguy]

42. She certainly is.

Justice Ginsburg!!

[Phlem]

61. +10000000000000000000000000000000000000000000000000

K&R!

Do you know how long I had to hold that "0" button down!



There isn't much noise on who's gonna take the baton after her but them's some mighty shoe's to fill. Dare I say irreplaceable?

I know I'd give her a BIG hug and a little twirl if I ever got the chance.

[Ohio Joe]

2. Rational thought...

I like it

[Monk06]

3. Sly old girl. Always pretends to be napping and then SNAP !!

[merrily]

17. She had recently been in the hospital when that SOTU camera got her.

[Monk06]

23. Just a bit of literary licence. The right likes to constantly dwell on her age. They lust for her

chair.

[merrily]

27. I have no problem with the license or the taking of it. Just adding info for those who may have

missed that datum.

[Monk06]

48. Freepers use that incident, if you can call it that, to advocate for Ginsburg's retirement and

mandatory retirement age for SCJs. What age do they recommend? Alito's age LOL. SERIOUSLY

[merrily]

51. They want her to retire so Obama can appoint another Justice?

Great strategy, for a winger!

Although I guess they may want her off for the same reason I want her on.

I didn't know that was one of their agendas. I guess that explain the posts I saw here lying that she is anti-abortion and saying she is selfish not to step down so appoint can appoint another Justice in case we lose the white House next year. ugh.

[Monk06]

62. The RW hopes they get their way with the next SC pick especially with a RW congress and what they

consider a lame duck President. Much as they got Roberts thinking he was a conservative in their eyes.

They don't like him so much anymore and want another Alito.

Needless to say they hate Sotamayer and think that they are owed the next one in their column.

[merrily]

63. Ater a second, I got that. My problem is I read and post only at DU, yet

I've seen the demands for Ruth to step down, calling her selfish, sometimes very nastily, too. Not only that, I've lies about her being anti-choice, which would not be a negative at FREEP.

[Monk06]

64. Be thankful Cruz has his eyes on the GOP nomination. He would is more than qualified professionally

for the SC

[Hoppy]

25. That's the mistake people make about Clarence Thomas.

He pretends to be napping but one of these days he is gonna snap.

[hifiguy]

43. Ruckus is gonna have to wake up first.

[Midnight Writer]

66. "She managed to raise her head from her usual drunken stupor"

Quote from "Constitutional Scholar' Mark Levine on his odious radio show.

[Monk06]

69. I remember that one. Freepers accepted that slander as eye witness testimony. Endlessly repeated.

[surrealAmerican]

4. This is one reason ...

... you don't want to retire Justices due to age. Justice Ginsburg lived that history. It isn't just something she studied in school.

[diddlysquat]

5. link?

[Cerridwen]

8. The text and picture look likethey came from this article at The Guardian (link within)

Ruth Bader Ginsburg eviscerates same-sex marriage opponents in court

[notadmblnd]

6. did she drop the mic and walk away?

Cause if ever there was a moment, that was it.

[merrily]

18. Another great thing about her: no showboating.

[hifiguy]

45. You don't need to show off

when you are as smart as she is.

[merrily]

52. Scalia is smart. Deceptive, but smart. For a justice, he tries too hard to draw attention

to himself, starting with that ridiculous hat.

[bjobotts]

56. He forgets that wives had no rights.Not even inheritance or child custody

[bjobotts]

57. Wives used to be property.Is there any sex gays have that heteros don't

[bjobotts]

58. This attempt to define marriage also tries to define sex in marriage.

[merrily]

59. Oh, I doubt he forgets.

[GreatGazoo]

21. yes, then she made a peace sign with her fingers, kissed it, held it up and said "Peace Out."

[City Lights]

7. It's gonna suck when she retires. nt

[merrily]

30. Tell me about it. Breyer and Kagan joined the (R) clowns on the Medicaid part of the ACA decision.

The ACA enabled the feds to withhold all FEDERAL Medicaid money if the states did not expand Medicaid. Ginsburg and Sotomayor said the feds had power to do that. Breyr and Kagan joined the Republicans in saying no.

So, now, the Republican Justice have cover for that decision and we reinforce the idea that the federal government has no right to spend or withhold federal money in the states in any way the federal government wishes to spend its own money.

[msanthrope]

53. She's gonna die in that job. And I don't mean that it a bad way. nt

[Greybnk48]

9. RBG! The sharpest mind on the SC bench.

By far!

[LuckyLib]

50. No question. Runs circles around the rest of the court. And Clarence Thomas? Not even

in the room where brains are concerned.

[olegramps]

10. It is clear that four of the justices are driven totally by ideology.

The conservative justices will not base their decision on the Constitution, but solely on their religious prejudices. They make a mockery out of the court that was supposed to be totally above politics and religious influence. The Nation's Founding Fathers confidence that honorable people would preside over the nation's laws has been trashed by the conservatives who are totally without honor.

[gregcrawford]

13. BINGO!

Conservatives have demonstrated, indeed, stated publicly, that ANY tactic, no matter how malicious and deceitful, is perfectly justified in order to further the imposition of their insatiable craving for dominion over the lives of others. They lie because only lies can support their diseased belief system.

[Cryptoad]

26. Exactly ,,,How can there be a case ,,,,

for the opponents of GM if there are no victims created by its existence. .....??????

[Ms. Toad]

36. Because, under traditional analysism, the state only has to have a rational basis

for excluding same gender marriage. To adapt a phrase from drafting opinions for an appellate court - did the legislators/voters go nuts in creating the law? The law stands. It really is an extremely deferential standard.

(Not arguing for what should be, but explaining the reality of how laws are normally interpreted.)

[blkmusclmachine]

11. ,

,

[Orrex]

12. Our entire research budget should go toward preserving her health and quality of life

I want that woman on the bench for another 82 years.

[merrily]

19. Agreed.

[eggplant]

14. I love me some Notorious RBG!

[merrily]

20. Love it.

[mythology]

16. One side has Ruth Bader Ginsburg

The other side has Clarence Thomas who is so (rightfully) afraid of opening his mouth and proving that he's a fool that he says nothing.

[merrily]

22. The other side has that lying waste of skin, Scalia, yet he and Ginsburg love each other's company.

That's seems so odd these days.

[Cryptoad]

24. people with like magintudes of intelligence almost always enjoy each other's mind.

no matter whether they are in agreement.

[rurallib]

29. Ginsburg and Scalia have like magnitudes of intelligence?

[Cryptoad]

31. close

[merrily]

33. That may depend on what they choose to discuss.

Last edited Wed Apr 29, 2015, 11:51 AM - Edit history (1)

Roberts is extremely smart and well-educated. I could envision his taking positions in conversations that would cause me to re-consider my stand on non-violence.

[951-Riverside]

28. Clarence Thomas is known to just sit and stare.

There was a rumor that he doesn't even write most of his own opinions and the opinions that he does write are very short and simple.

He is an utter disgrace to the court.

[Unvanguard]

60. Clarence Thomas is not a fool.

You can disagree with him--you should, because his views are deeply wrong, and would cause massive damage were the Court ever to adopt them--but he's quite smart. His willingness not to participate in oral argument, which often is a farcical display of justices seeking to make points to other justices at the expense of the ability of the attorneys to actually make arguments, is frankly a point in his favor.

[malthaussen]

32. Surprised Bursch answered that way,

... since it seems fairly obvious that those states do want to preserve marriage as it once was. I guess he's not allowed to say it out loud.

-- Mal

[DonViejo]

34. Even Scalia has praised Justice Ginsburg....

"Having had the good fortune to serve beside her on both courts, I can attest that her opinions are always thoroughly considered, always carefully crafted and almost always correct (which is to say we sometimes disagree). That much is apparent for all to see," he wrote.

"What only her colleagues know is that her suggestions improve the opinions the rest of us write, and that she is a source of collegiality and good judgment in all our work."

Despite their stark ideological differences, Ginsburg and Scalia have been friends for years. Beyond their mutual respect for each other's intellect and professional accomplishments, the two share a love for the opera and for decades would celebrate New Year's Eve together with their spouses.

http://www.huffingtonpost.com/2015/04/16/ruth-bader-ginsburg-antonin-scalia_n_7078474.html

[spooky3]

35. This q would never be raised had we continued to

Have an all male court, or one with only one woman. It is a good example of why courts need to reflect all of society.

[Gothmog]

37. RBG is one of my heros

[ChisolmTrailDem]

38. I like what Justice Roberts said:

Last edited Wed Apr 29, 2015, 03:38 PM - Edit history (1)

“I’m not sure it’s necessary to get into sexual orientation to resolve this case,” he said, according to The New York Times. “I mean, if Sue loves Joe and Tom loves Joe, Sue can marry him and Tom can’t. And the difference is based upon their different sex. Why isn’t that a straightforward question of sexual discrimination?”

[spooky3]

39. according to this article, Roberts said that.

https://www.yahoo.com/politics/the-supreme-court-gay-marriage-arguments-what-the-117695904751.html

[ChisolmTrailDem]

40. Oh jeez, I have no idea how I badded that bad! I've edited my post. Thanks, spooky3. nt

[spooky3]

47. No probs!

[hifiguy]

44. That Roberts said that and asked the question in his last quoted sentence

means that the reichwingers are in very deep shit. Roberts may be a lot of things but dumb is assuredly not one of them. He may push this in the direction of being an open-and-shut sex discrimination case, on which Justice Ginsburg could certainly provide backup. She MADE most of that law as an attorney before the SCOTUS.

[DebbieCDC]

41. Notorious RBG

[Terra Alta]

46. I adore Justice Ginsburg

I hope she is able to stay on the Court for a very, very long time.

[patricia92243]

49. Head and Master Rule in Louisiana - how truly terrible.

"Head and Master" laws were a set of American property laws that permitted a husband to have final say regarding all household decisions and jointly owned property without his wife's knowledge or consent, until 1979 when Louisiana became the final state to repeal them. Until then, the matter of who paid for property or whose name was on the deed had been irrelevant.

The law existed on the basis that the legal definition of marriage, during the period the laws were in effect, delegated the husband's role as supporting the family and the wife's as housekeeping, childrearing, and providing sex.

[Skittles]

54. Ruth is my kind of gal

yes INDEED

[MaggieD]

55. Slayed them!

It's too bad we didn't get Gore instead of Bush. This country would be a much better place if we didn't have the ahole justices Bush appointed on the court.

[suffragette]

65. Spot on!

K&R

[Novara]

67. She laid waste to the ridiculous notion that gay marriage hurts straight marriage

I never understood that one. How does gay marriage take anything away from anyone else???? I can't believe the attorney even voiced that.

Oh, and the "marriage is for procreation" bullshit? Please. She had a classic answer for that too.

Those two "arguments" against gay marriage tells you they've got nuthin'.

[GOLGO 13]

68. She's 82? Sharp is what she is.

Notorious RBG just put her foot squarely in his ass.