Jump to content

Scotus rules on bakery case


HSFBfan

Recommended Posts

7 minutes ago, HSFBfan said:

SCOTUS RULES THAT THE BAKERY DOES NOT HAVE TO BAKE THE CAKE FOR THE GAY COUPLE!!!!!! 

FINALLY A COURT WITH BRAINS

https://www.yahoo.com/news/justices-side-colorado-baker-same-sex-wedding-cake-142744589--politics.html

With the caveat that I only skimmed this decision, but essentially it reads like a pretty narrow ruling (which is the reason why some of the liberals voted for it) that has to do more I think with how the CO Rights Commission reached the decision (i.e. they did not reach their decision in a neutral manner), rather than definitively saying that the baker didn’t have to bake the cake.

I think this will repeat itself again and if a similar state rights commission or court finds for a gay couple in a neutral manner you may see a different outcome on the larger issue of if they have to bake the cake at all.

 

Link to comment
Share on other sites

17 minutes ago, Hardcore Troubador said:

With the caveat that I only skimmed this decision, but essentially it reads like a pretty narrow ruling (which is the reason why some of the liberals voted for it) that has to do more I think with how the CO Rights Commission reached the decision (i.e. they did not reach their decision in a neutral manner), rather than definitively saying that the baker didn’t have to bake the cake.

I think this will repeat itself again and if a similar state rights commission or court finds for a gay couple in a neutral manner you may see a different outcome on the larger issue of if they have to bake the cake at all.

 

Yea 7-2 is really not that narrow.....there is another case coming up with a florist with the same situation. Court made the right decision in this case. 

Link to comment
Share on other sites

4 minutes ago, HSFBfan said:

Yea 7-2 is really not that narrow.....there is another case coming up with a florist with the same situation. Court made the right decision in this case. 

The issue is not the number of votes (in that case 5-4 is just as good as 9-0), the issue is grounds for the decision.  

You’re a paralegal now, you need to read these decisions and understand it’s not politics, it’s law.  It’s not about #winning or #MAGA.  What were the legal grounds for the decision?  What are the legal and policy ramifications?  Was a nationwide precedent set?  Or is the decision narrowly tailored to the facts of this case?

What are you going to put in a memo for the associate or partner who asks you to do a quick summary of the case?  Does the vote count help them advise the client?  Or the holding in the case?

Keep these things in mind and you’ll do well.

Link to comment
Share on other sites

4 minutes ago, Hardcore Troubador said:

The issue is not the number of votes (in that case 5-4 is just as good as 9-0), the issue is grounds for the decision.  

You’re a paralegal now, you need to read these decisions and understand it’s not politics, it’s law.  It’s not about #winning or #MAGA.  What were the legal grounds for the decision?  What are the legal and policy ramifications?  Was a nationwide precedent set?  Or is the decision narrowly tailored to the facts of this case?

What are you going to put in a memo for the associate or partner who asks you to do a quick summary of the case?  Does the vote count help them advise the client?  Or the holding in the case?

Keep these things in mind and you’ll do well.

Distinction understood, of course.

It appears that these MSM outlets put in "narrow(ly)" into their headlines while avoiding the actual vote results.  Deceptive IMO to say the least.

Link to comment
Share on other sites

7 minutes ago, Hardcore Troubador said:

The issue is not the number of votes (in that case 5-4 is just as good as 9-0), the issue is grounds for the decision.  

You’re a paralegal now, you need to read these decisions and understand it’s not politics, it’s law.  It’s not about #winning or #MAGA.  What were the legal grounds for the decision?  What are the legal and policy ramifications?  Was a nationwide precedent set?  Or is the decision narrowly tailored to the facts of this case?

What are you going to put in a memo for the associate or partner who asks you to do a quick summary of the case?  Does the vote count help them advise the client?  Or the holding in the case?

Keep these things in mind and you’ll do well.

Very good buddy....your right the vote count in the sense your talking does not matter if you have to write a memo to your lawyer. And the questions you presented are very real questions. In the legal sense it's not winning or mega but for the general public it is winning because they will not dive into it like your doing. 

Link to comment
Share on other sites

2 minutes ago, concha said:

Distinction understood, of course.

It appears that these MSM outlets put in "narrow(ly)" into their headlines while avoiding the actual vote results.  Deceptive IMO to say the least.

That’s a given.  Call it fake news, clickbait, etc.  But anything to keep the narrative alive.  I’m actually hopeful that if the real heart of the matter came to SCOTUS Kennedy would side with the conservatives.  But man it would be nice if he retired!  Yesterday.

Link to comment
Share on other sites

1 minute ago, Hardcore Troubador said:

That’s a given.  Call it fake news, clickbait, etc.  But anything to keep the narrative alive.  I’m actually hopeful that if the real heart of the matter came to SCOTUS Kennedy would side with the conservatives.  But man it would be nice if he retired!  Yesterday.

If Kennedy retires the Democrats crap their pants as trump will be able to put another conservative judge on the bench

  • Haha 1
Link to comment
Share on other sites

2 minutes ago, HSFBfan said:

Very good buddy....your right the vote count in the sense your talking does not matter if you have to write a memo to your lawyer. And the questions you presented are very real questions. In the legal sense it's not winning or mega but for the general public it is winning because they will not dive into it like your doing. 

Work hard and smart.  Don’t be afraid to stay late and come in early (and make sure your boss sees you!). 

A good paralegal is invaluable and you can do well for yourself if you are committed to it.

Link to comment
Share on other sites

39 minutes ago, Hardcore Troubador said:

With the caveat that I only skimmed this decision, but essentially it reads like a pretty narrow ruling (which is the reason why some of the liberals voted for it) that has to do more I think with how the CO Rights Commission reached the decision (i.e. they did not reach their decision in a neutral manner), rather than definitively saying that the baker didn’t have to bake the cake.

I think this will repeat itself again and if a similar state rights commission or court finds for a gay couple in a neutral manner you may see a different outcome on the larger issue of if they have to bake the cake at all.

 

Pretty much agree. This decision was more about slapping down the punitive nature of the CO Rights Commission than it was in support of the bakery. 

Link to comment
Share on other sites

4 minutes ago, Hardcore Troubador said:

Work hard and smart.  Don’t be afraid to stay late and come in early (and make sure your boss sees you!). 

A good paralegal is invaluable and you can do well for yourself if you are committed to it.

Yep......fortunately I'll be working for a great lady who has close to 40 years experience who deals with both NY and NJ. I'll be learning an absolute ton of invaluable information. 1 week from today and I start my career. Very excited 

  • Like 2
Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Recently Browsing   0 members

    • No registered users viewing this page.


×
×
  • Create New...