Kagan catches Scalia and Thomas intellectually napping

[usregimechange]

In a dissent responding to the conservative bloc's (including Thomas and Scalia of course) majority opinion stating that their is a lack of standing to bring suit against the government when it uses tax breaks to benefit religious causes/institutions but not when the money has been appropriated generally by the legislature.

She notes their past lack of differentiation between the two in other cases:

"And what ordinary people would appreciate, this Court’s case law also recognizes—that targeted tax breaks are often “economically and functionally indistinguishable from a direct monetary subsidy.” Rosenberger v. Rector and Visitors of Univ. of Va. , 515 U. S. 819, 859 (1995) (Thomas, J ., concurring). Tax credits, deductions, and exemptions provided to an individual or organization have “much the same effect as a cash grant to the of the amount of tax it would have to pay” absent the tax break. Regan v. Taxation With Representation of Wash. , 461 U. S. 540, 544 (1983) . “Our opinions,” therefore, “have long recognized … the reality that are a form of subsidy that is administered through the tax system.” Arkansas Writers’ Project, Inc. v. Ragland , 481 U. S. 221, 236 (1987) (Scalia, J. , dissenting) (internal quotation marks omitted)." -Justice Kagan

What a smart lady!

[SharonAnn]

1. Go Elena Kagan!

[gratuitous]

2. Yeah, but that was then

This is now, and "Justices" Scalia and Thomas have suddenly decided that subsidies are subsidies and tax cuts are tax cuts and never the twain shall meet. Until they do.

[Luminous Animal]

10. She's setting up the conditions for the court to overturn itself. Which it has at times by using

dissenting opinions as a basis.

[usregimechange]

11. And in this case 50 years of precident

[elleng]

32. You mean round trip, BACK to Flast? Mebbe, w/in her tenure.

VERY happy she (and Soto and Ginsburg and Breyer) are on the Court.

[JNelson6563]

3. So glad she's on the court!

Nice choice there Mr. President.

Julie

[UTUSN]

4. K&R #6 n/t

[bluedeminredstate]

5. Snap!

We all knew that Thomas naps most of the time, intellectually or just snoozing through arguments. But didn't their clerks pick up on this? I guess these guys have been so blatant in their ideological rulings that they thought no one was paying attention anymore or more likely, they didn't give a shit.

This court has been so awful since 2000 when they revealed themselves as cheap partisans. There's no telling how much damage these wingers will inflict upon the nation by the time they're through.

[tallahasseedem]

6. And people say that there is no difference between...

the Ds and Rs. She wouldn't be there without the President. Elections do matter.

[uppityperson]

14. Seriously. I am glad we got a couple on the SCOTUS to help balance it a little

[lyonn]

22. Yup, yup

The Supreme Court can turn around laws made by Congress. The latest was making law that allows corps the ability to contribute any amount to THEIR candidate/party unanimously. Senile moment, can't remember the name of the case.

[SidDithers]

26. +1...

every time someone brings up that canard, I mention Elena Kagen and Sonia Sotomayor.

:thumbsup:

Sid

[Bandit]

35. The person she replaced was far more Liberal

:shrug: Now if she had replaced Scalia or Thomas I might agree with you.

[JuniperLea]

37. How many cases has she presided over?

Seems far too early in the game to be judging judge's SC decisions.

[jaysunb]

42. Thank you....

it never seems to end. :shrug:

[Taft_Bathtub]

43. Perhaps the only reason left

There's not much else in all honesty.

[FLAprogressive]

7. I wouldn't call it an intellectual nap, more like an intellectual coma.

[BrklynLiberal]

28. +1000

[Gidney N Cloyd]

8. Precedence is so 1999.

[usregimechange]

9. Remember all the respect Roberts had for stare decisis before the Senate?

[lyonn]

23. Yeah, but,

that's what the repubs always say when asked about settled cases. They are just foolin'........

[louslobbs]

30. lol, yeah, I knew he was lying through his teeth, it was a great act by a bad actor.

Lou

[Tx4obama]

12. That's our gal. n/t

[Arkana]

13. Kagan and Sotomayor should put to rest any doubts

about Obama's ability to pick capable SCOTUS judges.

[usregimechange]

15. Just hope he gets 4 more years of it, country can't afford any less.

[lyonn]

24. No Sh##!!

There are some Very Old Justices that no doubt will have to be replaced in the next 6 years. It's Critical.....

[elleng]

33. ABSOLUTELY! Thanks for this.

[Rex]

16. They better watch out! A REAL Justice sits on that court now and

can verbally/intellectually tie Scalia and Thomas together in knots and bows. Complacency kills...you two assholes think you are like the Koch brothers and invulnerable...remember that when you are getting removed by the Senate.

[avaistheone1]

17. K&r

[JoePhilly]

18. That's an outstanding slap their faces!!

[hootinholler]

19. It's a shame that it won't be heard anywhere outside of court reporting. n/t

[Fuzz]

20. Some tax breaks or more evil than others to them, dontcha know. Logical consistency isn't their

strongest personal quality.

[Uncle Joe]

21. I'm not trying to belittle Kagan's efforts, I do appreciate it, but catching

Scalia or Thomas intellectually napping or contradicting their own stated legal beliefs and judgments, when they become inconvenient is like shooting fish in a barrel.

Having said that, I do hope Kagan keeps up the good work of exposing their judicial hypocrisy, if nothing else for the sake of the record.

Thanks for the thread, usregimechange.

:thumbsup:

[elleng]

34. I'm sure she will, continue, that is.

[upi402]

25. These two have been been awoken

They're ideologues, eyes wide shut.

[WI_DEM]

27. Isn't Thomas always intellectually napping?

[felix_numinous]

29. K&R

:applause:

[bongbong]

31. Treason!

Kagan is actually calling out the repigs on the SCOTUS. It's not going to change their decision-making process, which entirely consists of doing what their billionaire bosses order them to, but at least she's saying the emperor has no clothes.

[roberto IS beto]

36. Thomas has an intellect?

Who knew?

[WhoIsNumberNone]

38. That's why the right wingers hate her so much

Calling right wingers on bullshit = judicial activism

[xchrom]

39. Recommend

[pscot]

40. Nice catch, Mz Kagan

[jaysunb]

41. Elections matter n/t