Are Supreme Court opinions final? Apparently not so much.

posted at 4:01 pm on May 26, 2014 by Jazz Shaw

The question found in the title of this post seems self-evident, or so I’d have thought. In questions of constitutionality and the laws of the land, the Supreme Court has the final word. (At least unless and until a later court revises the position.) But Dr. Joyner examines a study from Adam Liptak at the Gray Lady which indicates that precisely how final their opinions are and particularly when they become final is a bit more fluid than one might think.

The Supreme Court has been quietly revising its decisions years after they were issued, altering the law of the land without public notice. The revisions include “truly substantive changes in factual statements and legal reasoning,” said Richard J. Lazarus, a law professor at Harvard and the author of a new study examining the phenomenon.

The court can act quickly, as when Justice Antonin Scalia last month corrected an embarrassing error in a dissent in a case involving the Environmental Protection Agency.

But most changes are neither prompt nor publicized, and the court’s secretive editing process has led judges and law professors astray, causing them to rely on passages that were later scrubbed from the official record. The widening public access to online versions of the court’s decisions, some of which do not reflect the final wording, has made the longstanding problem more pronounced…

[T]he precise wording of opinions matters because they provide a guide to the legal reasoning behind the ruling. While some language is considered mere “dicta,” having no precedential value, text is quite often cited years—sometimes decades or even centuries—later as part of the argument for a case having nothing whatsoever to do with the specific controversy that brought the conflicting parties to court. Given the proliferation of opinions in various highly credible online fora, it only behooves the Court to ensure that people know which versions are authoritative and what language has been revised over time and is no longer operative.

There are two aspects to this question, one which seems completely reasonable and one which is problematic to the point of constituting a potential crisis in constitutional government, at least to my way of viewing it. The first is the questions of typographical errors and misdirected citations or incorrect names and case numbers of previous cases as precedent. Given the length of some of the decisions coming from the court and the number of them they wind up churning out at the end of a session, it’s completely understandable such errors could be released. Given time to review them thoroughly with an editorial eye, such things can be cleaned up before the decision is formally released into the United States Reports.

The second question is more troubling. Apparently, while not entirely turning a finding on its head, there have been a number of substantive errors in some of the slip and bench opinions which are initially published. Dr. Joyner’s partner, attorney Doug Mataconis notes this in a separate piece tackling the same question.

While it doesn’t appear that these revisions have ever actually resulted in substantive changes in the holding of an opinion, or in the substance of the legal argument made in a majority, concurring, or minority opinion, they still clearly go beyond merely correcting typos and proofreading errors. The Scalia and Kagan cases, for example, involve the correction of rather obvious factual errors that somehow made it through the drafting phase. While that’s not necessarily objectionable, the fact that it was done with little notice does raise concerns. The O’Connor and Ginsburg case raise different questions. In both of those cases, the changes appear to make substantive changes in the arguments that both Justices made, and while they didn’t change the conclusions they reached, they were more than mere corrections of a typo.

If you’re waiting for the other shoe to drop, the above objections are not the end of the problem nor really the serious part. Even if the errors are substantial, assuming they are found and edited before final entry into the United States Reports, there would be little problem aside from some potential short term confusion. But that’s not the case. I was discussing this issue with Joyner on Twitter today and he confirmed that these sometimes erroneous bench and slip opinions can and are cited as precedent in other cases. And even after the SCOTUS decision is amended to correct the error, a corresponding correction is generally not made in the lower court decisions which rely on them.

Maybe this hasn’t really caused a substantive error in appellate courts. But on the other hand, maybe it has. How would we know without someone doing a detailed examination of each version of every SCOTUS decision which was modified and then searching for the unedited text in every lower court decision which cited it? And who precisely is going to embark on a task like that?

This may be nothing, but it certainly sounds disturbing.


Related Posts:

Breaking on Hot Air

Blowback

Note from Hot Air management: This section is for comments from Hot Air's community of registered readers. Please don't assume that Hot Air management agrees with or otherwise endorses any particular comment just because we let it stand. A reminder: Anyone who fails to comply with our terms of use may lose their posting privilege.

Trackbacks/Pings

Trackback URL

Comments

Hey, they got one of the party’s names wrong in Dred Scott. It’s styled “Dred Scott v. Sandford,” but his name was actually “Sanford.”

radjah shelduck on May 26, 2014 at 4:15 PM

Meh.

The Congressional Record is regularly scrubbed, too.

But it’s good to see Joyner and Mataconis knee-deep in irrelevancy, where their opinions can do less harm.

Adjoran on May 26, 2014 at 4:16 PM

Grimes !!! 2014!!!!! Ditch Mitch!!!!!

WryTrvllr on May 26, 2014 at 4:16 PM

Just fix Roe v. Wade and I’ll be cool…

OmahaConservative on May 26, 2014 at 4:23 PM

Andrew Jackson didn’t think they were final.

wolly4321 on May 26, 2014 at 4:23 PM

California courts are notorious for withdrawing opinions after they have been published. So you might have an opinion in a softbound supplement that does not make it into the California Reporter. We law librarians are not happy about that.

rbj on May 26, 2014 at 4:26 PM

Whatever. It’s not like the laws mean anything at this point anyway.

Midas on May 26, 2014 at 4:31 PM

fix Roe v. Wade and I’ll be cool… OmahaConservative on May 26, 2014 at 4:23 PM

Wickard ~vs~ Filburn would be nice, too.

(ps-hope you and Ratso had a wonderful Holiday weekend)

wolly4321 on May 26, 2014 at 4:36 PM

They all frickin ignore the source document anyway and rule from emotion. The judicial branch has far too much power anyway if this truly is causing a constitutional crisis. Hopefully the Levin article 5 convention can give us a chance to clarify the court’s role and to check them with some process.

bossmanham on May 26, 2014 at 4:38 PM

Just reverse the jiziaCAIR ruling .

burrata on May 26, 2014 at 4:40 PM

(ps-hope you and Ratso had a wonderful Holiday weekend)

wolly4321 on May 26, 2014 at 4:36 PM

Thus far we are, hope you and yours are as well…

OmahaConservative on May 26, 2014 at 4:47 PM

When this Tyranny is finally put down, there are going to be plenty of federal “judges” sent to the gallows as well as Congressmen and so forth.

ConstantineXI on May 26, 2014 at 4:54 PM

There used to be a thing referred to as limiting principle.

About 100+ years ago.

Roberts referred to it,, as he screwed us.

wolly4321 on May 26, 2014 at 4:55 PM

Marbury ~vs~Madison.

It started early.

wolly4321 on May 26, 2014 at 4:57 PM

no. when a progressive administration is able to return the court to sanity citizens united and other such horrible koch inspired decisions will be overturned. corporate ‘persons’ will be hardest hit.

ThisIsYourBrainOnKoch on May 26, 2014 at 4:58 PM

[Hamlet, as he plays the part of a loon due for placement at an asylum]

‘Words, words, words.’

Or, to quote another loon:

‘What difference, at this point, does it make?’

Or, to quote another loon’s behavior:

‘We have to pass the bill so you can find out what’s in it.’

We’re so far gone beyond words, or LAWS, having any real meaning or obligation attached, it seems this is a bit like complaining about a typo on the menu of the Titanic…AFTER hitting the iceberg.

xNavigator on May 26, 2014 at 5:00 PM

Roberts referred to it,, as he screwed us.

wolly4321 on May 26, 2014 at 4:55 PM

IIRC, even CJ Roberts said that, if the People didn’t like the 404care decision, the PEOPLE had the power to change it.

Newtie and the Beauty on May 26, 2014 at 5:05 PM

no. when a progressive administration is able to return the court to sanity citizens united and other such horrible koch inspired decisions will be overturned. corporate ‘persons’ will be hardest hit.

ThisIsYourBrainOnKoch on May 26, 2014 at 4:58 PM

hey, everybody! look who’s still butt-hurt that scotus granted everyone the same rights and priviledges the unions and other democrat supporters have…

Newtie and the Beauty on May 26, 2014 at 5:07 PM

hey, everybody! look who’s still butt-hurt that scotus granted everyone the same rights and priviledges the unions and other democrat supporters have…

Newtie and the Beauty on May 26, 2014 at 5:07 PM

unions are made up of people exorcising there first ammendment rights to assemble. that is categorically differant from what the greedy profit cults do when they buy elections.

ThisIsYourBrainOnKoch on May 26, 2014 at 5:18 PM

, even CJ Roberts said that, if the People didn’t like the 404care decision, the PEOPLE had the power to change it. Newtie and the Beauty on May 26, 2014 at 5:05 PM

I don’t believe he really thought that as he rewrote the law, making it a “tax”.

He spoke of a limiting principal as he destroyed it.

What limiting principal governs taxation of inactivity now?

That’s why I mentioned the farce of Wickard vs Filburn. Look what that turned in to.

How mucb wheat would a chicken farmer grow if a chicken fwrmer could grow wheat?

wolly4321 on May 26, 2014 at 5:20 PM

Unions are made up of people exorcising there first ammendment rights to assemble. that is categorically differant from what the greedy profit cults do when they buy elections. ThisIsYourBrainOnKoch on May 26, 2014 at 5:18 PM

So,, union dues are voluntary?

wolly4321 on May 26, 2014 at 5:23 PM

So,, union dues are voluntary?

wolly4321 on May 26, 2014 at 5:23 PM

you dont want to join a union, you dont have to have a union job. its that simple. and at least unions provide something of benefit to there members in exchange for there dues. what benefit do the greedy profit cults give back to the american people they steal their profits from?

ThisIsYourBrainOnKoch on May 26, 2014 at 5:31 PM

That’s why I mentioned the farce of Wickard vs Filburn. Look what that turned in to.

How mucb wheat would a chicken farmer grow if a chicken fwrmer could grow wheat?

wolly4321 on May 26, 2014 at 5:20 PM

I so agree, Wolly! SCOTUS could’ve done us a BIG favour if’n it had overturned Wickard v Filburn when it was handed THE Golden Opportunity back in 2012. Alas, it was not meant to be–yet.

Once Wickard v Filburn is overturned, though, the butt hurt in DC will be strong–and, with luck, our hyper-bloated Central Gubmint will finally, FINALLY be put on a well-deserved diet.

Newtie and the Beauty on May 26, 2014 at 5:33 PM

unions are made up of people exorcising there members’ first ammendment rights to assemble. that is categorically differant from what the greedy profit cults do when they buy elections.

ThisIsYourBrainOnKoch on May 26, 2014 at 5:18 PM

fify

Newtie and the Beauty on May 26, 2014 at 5:35 PM

The Judicial Branch like the Legislative amd Executive Branches of our government have been exceeding the powers given to them by the Constitution for years. The biggest problem “We the People” have is that nobody in government cares one iota for our rights or represents us anymore. The lack of government brings anarchy, and too much government gives us tyranny. Want to bet on which end of the spectrum we are on today.

savage24 on May 26, 2014 at 5:35 PM

what benefit do the greedy profit cults give back to the american people they steal their profits from?

ThisIsYourBrainOnKoch on May 26, 2014 at 5:31 PM

Someone failed basic economics. I’ll go with, in no particular order (all are important)…

…JOBS!
…PRODUCTS WE CHOOSE TO BUY!
…HEALTH INSURANCE (most obtain through their job).
…TAX BASE FOR SCHOOLS and SERVICES (why do areas with more businesses have better school systems? I WONDER how that is possible, from those evil profit cults!).
…HUMOROUS POSTS from TROLLS LIKE YOU! (“profit cults”??? LOL).
…etc., etc., etc..

xNavigator on May 26, 2014 at 5:37 PM

Hey kochbrain

wolly4321 on May 26, 2014 at 5:37 PM

That’s a classic wolly. Damn I miss that man.

Murphy9 on May 26, 2014 at 5:41 PM

u dont want to join a union, you dont have to have a union job. its that simple. and at least unions provide something of benefit to there members in exchange for there dues. what benefit do the greedy profit cults give back to the american people they steal their profits from? ThisIsYourBrainOnKoch on May 26, 2014 at 5:31 PM

Police, fire and teaching? I can do those without paying dues?

You know what they contribute to?

Busted flat broke pension systems, and busted flat broke cities.

wolly4321 on May 26, 2014 at 5:42 PM

…JOBS!

more like wage slavery

…PRODUCTS WE CHOOSE TO BUY!

because our only options are made in china by the greedy profit cults to enrich themselves and deny the american people what is rightfully theirs

…HEALTH INSURANCE (most obtain through their job).

before obamacare health insurance, even employer health insurance, was a joke in america.

…TAX BASE FOR SCHOOLS and SERVICES (why do areas with more businesses have better school systems? I WONDER how that is possible, from those evil profit cults!).

because the rich bastards greedily want better schools for there own kids but not for the inner city kids who really could use the help.

…HUMOROUS POSTS from TROLLS LIKE YOU! (“profit cults”??? LOL).
…etc., etc., etc..

xNavigator on May 26, 2014 at 5:37 PM

jokes on you. the profit cults are laughing the hardest at you.

ThisIsYourBrainOnKoch on May 26, 2014 at 5:43 PM

wolly4321 on May 26, 2014 at 5:37 PM

citing ghosts like brietbart as a substitute for real arguments just makes you look ridiculuous.

ThisIsYourBrainOnKoch on May 26, 2014 at 5:44 PM

unions are made up of people exorcising(sic) there(sic) first ammendment(sic) rights to assemble. that is categorically differant(sic) from what the greedy profit cults do when they buy elections.

And corporations are not made up of people?

Where on earth do you think pension funds get invested? When you decry profits to corporations in the US, then you are simultaneously declaring your loathing of investments and would rather that people spend the money before inflation takes it all. Because without investment with growth, we all work until we drop since inflation eats money hidden in the mattress.

Also, if corporations didn’t return a profit (or grow in capital value), then why invest? If there is no investment, with what money is there to employ, do research and development or buy the capital goods to manufacture?

Furthermore, most people want to thrive and flourish – to make that a criminal event, the Productive class will take their work and their wealth to more hospitable climates.

Reuben Hick on May 26, 2014 at 5:51 PM

quoting ghosts like brietbart as a substitute for real arguments just makes you look ridiculuous. ThisIsYourBrainOnKoch on May 26, 2014 at 5:44 Pm

Oh,, he lives, brother.

There was someone else who loved him some unions. They met in beer halls.

Until he effed them over, too.

Tiny little mustache.

wolly4321 on May 26, 2014 at 5:52 PM

Sorry Brain, but the words you say do not mean what you think they do.
Navigator and wolly have your number.

Lord Whorfin on May 26, 2014 at 5:55 PM

you dont want to join a union, you dont have to have a union job. its that simple. and at least unions provide something of benefit to there members in exchange for there dues. what benefit do the greedy profit cults give back to the american people they steal their profits from?

ThisIsYourBrainOnKoch on May 26, 2014 at 5:31 PM

oh really…

harris v. quinn oral argument

the u.s. supreme court head oral argument in harris v. quinn, about whether a state may, consistent with the first and fourteenth amendments to the united states constitution, compel personal care providers to accept and financially support a private organization as their exclusive representative to petition the state for greater reimbursements from its medicaid programs.

translation: can a state-legislated/appointed union compel family members who provide care for their relatives at home be compelled to join said union and have dues involuntarily collected from the patient’s state-issued medicaid payments?

more can be found here

Newtie and the Beauty on May 26, 2014 at 5:56 PM

And corporations are not made up of people?

not the same way unions are. in unions all people are equal and have rights. thats not true in corporations which are domanated by their owners who really only care about making the most money for themself at the expense of there members. unions sole purpose to exist is to better the lives of their members.

Where on earth do you think pension funds get invested? When you decry profits to corporations in the US, then you are simultaneously declaring your loathing of investments and would rather that people spend the money before inflation takes it all. Because without investment with growth, we all work until we drop since inflation eats money hidden in the mattress

there would be no need for pension funds and gambling with peoples retirments and futures and lives and the the futures and lives of their loved ones if we had a government run retirement system like other advanced economies that actually fulfill their promises to their workers.

Also, if corporations didn’t return a profit (or grow in capital value), then why invest? If there is no investment, with what money is there to employ, do research and development or buy the capital goods to manufacture?

government led research and investment gave us the space age and the internet. corporate investment gave us a global depression.

Furthermore, most people want to thrive and flourish – to make that a criminal event, the Productive class will take their work and their wealth to more hospitable climates.

Reuben Hick on May 26, 2014 at 5:51 PM

nobody wants to make success a crime. but everyone should benefit from success equally, not like the unprecendented inequality we have now in this new gilded age of robber barons.

ThisIsYourBrainOnKoch on May 26, 2014 at 6:11 PM

translation: can a state-legislated/appointed union compel family members who provide care for their relatives at home be compelled to join said union and have dues involuntarily collected from the patient’s state-issued medicaid payments?

more can be found here

Newtie and the Beauty on May 26, 2014 at 5:56 PM

with the proper insurance such as through obamacare these sick individuals wouldnt need to depend on their family members to take care of them when they need and deserve professional care and treatment.

ThisIsYourBrainOnKoch on May 26, 2014 at 6:12 PM

jokes on you. the profit cults are laughing the hardest at you.

ThisIsYourBrainOnKoch on May 26, 2014 at 5:43 PM

oh yeah…dem shills like warren buffet and george soros are laughing all the way to the bank…

Newtie and the Beauty on May 26, 2014 at 6:22 PM

Reason I dislike the court besides Kennedy’s emotionalism on the homosexual marriage issue…

sorrowen on May 26, 2014 at 6:22 PM

with the proper insurance such as through obamacare these sick individuals wouldnt need to depend on their family members to take care of them when they need and deserve professional care and treatment.

ThisIsYourBrainOnKoch on May 26, 2014 at 6:12 PM

reading comprehension is not your strong suit, is it.

Newtie and the Beauty on May 26, 2014 at 6:24 PM

jokes on you. the profit cults are laughing the hardest at you.

ThisIsYourBrainOnKoch on May 26, 2014 at 5:43 PM

Point us to a system that is better than what we have here. Anywhere, at any time.

BobMbx on May 26, 2014 at 6:28 PM

unions are made up of people exorcising there first ammendment rights to assemble. that is categorically differant from what the greedy profit cults do when they buy elections.

ThisIsYourBrainOnKoch on May 26, 2014 at 5:18 PM

I’m sure Linda Blair was a member of the SAG union (maybe onion, for stupid idiots, like you), when she starred in The Exorcist. Maybe she was ‘exorcising’ her rights.

Obviously, you’ve found some new ‘ammendment’ to dissemble.

I think your problem stems from being dropped on your head too often as a baby.

Your brain isn’t on Koch, coke, Classic Coke. You don’t even have a brain.

But it’s nice to see that even a brainless idiot, such as yourself can make a living from the nickels that Soros gives you for your meandering mindless posts, and the quarters Hairy Screed gives you every time he shoves it up you goat-like butt.

ZeusGoose on May 26, 2014 at 6:28 PM

Can I at least get an 8×10″ glossy headshot of each of the sluggards I have to drag thru life by my productivity? We could even be pen pals although they would never want to hear from me after the first letter.

Murphy9 on May 26, 2014 at 6:28 PM

ThisIsYourBrainOnKoch on May 26, 2014 at 6:12 PM

You’re delusional. Quite the specimen of the radical “true believer”.
In a few years you will likely become a street person.
Sad, really.

Mimzey on May 26, 2014 at 6:29 PM

unions are made up of people exorcising there first ammendment rights

ThisIsYourBrainOnKoch on May 26, 2014 at 5:18 PM

Truly, the irony could not taste more delicious.

Similar to in vino veritas, but on HA, truth through stupidity.

Dolce Far Niente on May 26, 2014 at 6:32 PM

Can I at least get an 8×10″ glossy headshot of each of the sluggards I have to drag thru life by my productivity? We could even be pen pals although they would never want to hear from me after the first letter. Murphy9 on May 26, 2014 at 6:28 PM

Little kids covered in flies in Detroit?

#SallyStruthers

wolly4321 on May 26, 2014 at 6:36 PM

more like wage slavery

Only a progressive would see work for wages as slavery, lol. Get out of the basement much?

because our only options are made in china by the greedy profit cults to enrich themselves and deny the american people what is rightfully theirs

If all the products you wish to buy are from China you are doing it wrong. They sell crap. Also, the product of another’s effort is not something that is rightfully yours. Only a progtard would believe that.

before obamacare health insurance, even employer health insurance, was a joke in america.

That’s why so many people from around the world travel here for health care? That’s why so many people are UNHAPPY WITH OBAMACARE? Only a progtard would believe you on that.

because the rich bastards greedily want better schools for there own kids but not for the inner city kids who really could use the help.

Newsflash: EVERYBODY wants better schools for their kids. Guess where the Obama’s kids attend? PUBLIC? HAHAHAHAHAHAHAHA. Nope.

jokes on you. the profit cults are laughing the hardest at you.

ThisIsYourBrainOnKoch on May 26, 2014 at 5:43 PM

Actually, I’m laughing at you. I am very successful in my profession, my finances, and my family.

Enjoy your bitterness and burger flipping!

xNavigator on May 26, 2014 at 6:40 PM

Point us to a system that is better than what we have here. Anywhere, at any time.

BobMbx on May 26, 2014 at 6:28 PM

scandinavia..most of europe in fact. and the rate of progress being made in conquering inequality in places like latin america is truly enviable.

ThisIsYourBrainOnKoch on May 26, 2014 at 6:41 PM

Lets see: abortion, that pesky obamacare thingy and gay marriage…..

crosshugger on May 26, 2014 at 6:42 PM

Only a progressive would see work for wages as slavery, lol. Get out of the basement much?

what do you call it when someone slaves away all day just to put food on the table for there kids and cant ever get ahead?

If all the products you wish to buy are from China you are doing it wrong. They sell crap. Also, the product of another’s effort is not something that is rightfully yours. Only a progtard would believe that.

people dont buy chinese stuff because they want to but they do it cause they half to. we dont make anything in america anymore because reagan and his followers and people like meth romney sent all of our jobs overseas.

That’s why so many people from around the world travel here for health care? That’s why so many people are UNHAPPY WITH OBAMACARE? Only a progtard would believe you on that.

people are unhappy with obamacare because glossy ad campaigns tell them to be unhappy with it. those who really know it really love it. the american people have come around on obamacare which is my repuglicans wont be running on it in novenmber.

Newsflash: EVERYBODY wants better schools for their kids. Guess where the Obama’s kids attend? PUBLIC? HAHAHAHAHAHAHAHA. Nope.

you sound jealous.

Actually, I’m laughing at you. I am very successful in my profession, my finances, and my family.

Enjoy your bitterness and burger flipping!

xNavigator on May 26, 2014 at 6:40 PM

its not burgers that im flipping at you right now.

ThisIsYourBrainOnKoch on May 26, 2014 at 6:46 PM

not burgers that im flipping at you right now. ThisIsYourBrainOnKoch on May 26, 2014 at 6:46 PM

My link covered that right back at you.

Hack.

*spits*

wolly4321 on May 26, 2014 at 6:50 PM

unions are made up of people exorcising there first ammendment rights to assemble. that is categorically differant from what the greedy profit cults do when they buy elections.

ThisIsYourBrainOnKoch on May 26, 2014 at 5:18 PM

CU gave unions rights too, why do you hate working man?

dmacleo on May 26, 2014 at 6:50 PM

ThisIsYourBrainOnKoch on May 26, 2014 at 6:41 PM

Are you stupid or something??..:)

Dire Straits on May 26, 2014 at 6:55 PM

Are you stupid or something??..:)

Dire Straits on May 26, 2014 at 6:55 PM

yes.
bet he has never even actually read CU.

dmacleo on May 26, 2014 at 6:58 PM

Nevermind the hijacking of the thread.

wolly4321 on May 26, 2014 at 7:00 PM

wolly4321 on May 26, 2014 at 7:00 PM

Whoever is working that sock is an utter fool. Not even witty or funny…

OmahaConservative on May 26, 2014 at 7:17 PM

OmahaConservative on May 26, 2014 at 7:17 PM

It is a newbie who is working the sock..:)

Dire Straits on May 26, 2014 at 7:22 PM

Whoever is working that sock is an utter fool. Not even witty or funny…

OmahaConservative on May 26, 2014 at 7:17 PM

…or smart or intelligent…

Newtie and the Beauty on May 26, 2014 at 7:26 PM

nobody wants to make success a crime. but everyone should benefit from success equally, not like the unprecendented inequality we have now in this new gilded age of robber barons.

ThisIsYourBrainOnKoch on May 26, 2014 at 6:11 PM

Here are couple kernels of of truth you seem to be missing,
1. There is no such thing as everyone should benefit equally in life,business,sports,finances…etc
Here is the big one, I wonder if you can wrap your brain around it…
2. LIFE IS NOT FAIR!

Bakokitty on May 26, 2014 at 7:27 PM

unions are made up of people exorcising there first ammendment rights to assemble. that is categorically differant from what the greedy profit cults do when they buy elections.

ThisIsYourBrainOnKoch on May 26, 2014 at 5:18 PM

Bullsh!t. The rank-and-file have no say whatsoever on which political campaigns and crooks ‘there’ dues are distributed to.

Employees of corporations have the exact same right of assembly so I’m not sure what ‘differance’ you’re referring to.

Shay on May 26, 2014 at 7:28 PM

Bakokitty on May 26, 2014 at 7:27 PM

Hey Bakokitty…

OmahaConservative on May 26, 2014 at 7:29 PM

nobody wants to make success a crime. but everyone should benefit from success equally, not like the unprecendented inequality we have now in this new gilded age of robber barons.

ThisIsYourBrainOnKoch on May 26, 2014 at 6:11 PM

you’re sure trying to make success “a crime,” especially when it’s from the wrong side of your political spectrum.

who said we should benefit from success equally? what an absolutely ridiculous, naive, vapid and quixotic concept completely devoid of logic, reality and fact.

Newtie and the Beauty on May 26, 2014 at 7:34 PM

what do you call it when someone slaves away all day just to put food on the table for there kids and cant ever get ahead?

Work is not slavery, fool, and anyone can ‘get ahead’ if they want to. However, it requires some things libtards are allergic to, including WORK and DISCIPLINE.

people dont buy chinese stuff because they want to but they do it cause they half to. we dont make anything in america anymore because reagan and his followers and people like meth romney sent all of our jobs overseas.

This is the problem with liberals. EVERY action in life is simply a result of their victimization at the hands of the other. Get over your victimhood. Nobody cares.

You don’t need to buy “Chinese stuff.” Nobody has to (not “HALF to” my illiterate friend).

people are unhappy with obamacare because glossy ad campaigns tell them to be unhappy with it.

Sure. It has nothing to do with higher premiums, higher deductibles, and narrowed provider networks. Nope. Nothing to see there! /s

those who really know it really love it.

Yes, all across America Dem politicians are running on the program that people love. That’s right. /s

the american people have come around on obamacare which is my repuglicans wont be running on it in novenmber.

Hahahahaha! Dems won’t be running on it, oh foolish one.

you sound jealous.

I have a great local school. I also have access to any option I choose (great public, private, or homeschooling choices). I take responsibility for my choices rather than bemoan them like you and yours do.

its not burgers that im flipping at you right now.

That’s your IQ you’re holding up there, isn’t it!!! lol.

xNavigator on May 26, 2014 at 7:34 PM

Hi Omaha ((kitty waving))
I think the water is fine now, and Thanks to Newtie,CL, and others help I can take off my water wings :)

Bakokitty on May 26, 2014 at 7:35 PM

Bakokitty on May 26, 2014 at 7:35 PM

(((HUGS))) Well done, Kitty! :-D

Newtie and the Beauty on May 26, 2014 at 7:37 PM

<

blockquote>Point us to a system that is better than what we have here. Anywhere, at any time.

BobMbx on May 26, 2014 at 6:28 PM
</blockquotescandinavia..most of europe in fact. and the rate of progress being made in conquering inequality in places like latin america is truly enviable.

ThisIsYourBrainOnKoch on May 26, 2014 at 6:41 PM

Lets see, why don’t we ask the people of Venezuela how all that progressive wonderful government benefits are working out,I mean, all that surplus toilet paper, food overflowing in grocery stores, plenty of electricity, gasoline flowing in the streets, yeah, the people of Venezuela how the like their progressive commie government.

Bakokitty on May 26, 2014 at 7:42 PM

HI Newtie…oops maybe I still better practice, actually with the laptop on lap harder to hit the quote key hard enough.
g2m and I had some nice talk and toons Friday night,and I got some practice in ,… nice
person.

Bakokitty on May 26, 2014 at 7:46 PM

Bakokitty on May 26, 2014 at 7:46 PM

You’ll get the hang of it soon enough, Kitty. Ask CL about the trials and tribulations I’ve had with HTML coding lol! *ahem!*…

Newtie and the Beauty on May 26, 2014 at 7:48 PM

Bakokitty on May 26, 2014 at 7:42 PM

+ 100..Spot on post..:)

Dire Straits on May 26, 2014 at 7:52 PM

Thanks for the encouragement.. dinner is calling( should say hubby’s cooking is calling) BBL… :0

Bakokitty on May 26, 2014 at 7:53 PM

the rate of progress being made in conquering inequality in places like latin america is truly enviable.

ThisIsMyMouthOnKoch

I guess that’s why they’re all trying to come to the U.S., lol.

xblade on May 26, 2014 at 7:54 PM

Lets see, why don’t we ask the people of Venezuela how all that progressive wonderful government benefits are working out,I mean, all that surplus toilet paper, food overflowing in grocery stores, plenty of electricity, gasoline flowing in the streets, yeah, the people of Venezuela how the like their progressive commie government.

Bakokitty

Well, to be fair, those shortages affect almost everyone, so the moron was correct about inequality being eliminated, lol. No doubt Utopia is just around the corner for those Latin American countries.

xblade on May 26, 2014 at 7:57 PM

Thanks for the encouragement.. dinner is calling( should say hubby’s cooking is calling) BBL… :0

Bakokitty on May 26, 2014 at 7:53 PM

Glad to have you here, darlin’

OmahaConservative on May 26, 2014 at 8:00 PM

scandinavia..most of europe in fact. and the rate of progress being made in conquering inequality in places like latin america is truly enviable.

ThisIsYourBrainOnKoch on May 26, 2014 at 6:41 PM

You mean the overwhelmingly white social structures who’s formative basis was Christianity and capitalism?
The “white” countries that have strict border security, and a basic mono culture?
Yeah…we should be more like that. Be we are much like that…at least until left wing nutbag ideologues infiltrated government, culture, law and education. Too bad about that.

Mimzey on May 26, 2014 at 8:14 PM

Since every time we have a Republican SC nominee, the Dems melt down over the possibility of Roe v Wade being overturned, I’d say not.

Laura Castellano on May 26, 2014 at 8:26 PM

The feminist left won’t touch this because it’ll make their ‘reproductive rights’ crusade seem as petty and infantile as it actually is.

heretic on May 26, 2014 at 8:39 PM

unions are made up of people exorcising there first ammendment rights to assemble. that is categorically differant from what the greedy profit cults do when they buy elections.

ThisIsYourBrainOnKoch on May 26, 2014 at 5:18 PM

exorcising there(sp?) first ammendment” rights(sp?)

Errmm…..Exorcising is correct. That’s what you do to devils, demons, bad spirits. I’m sure I’m not the first to point this out.

Late to the show, but……..tell that to the union thugs that put people in the hospital/maimed/killed people who crossed picket lines, slashed their tires, broke automobile windows and/or destroyed (turned over, burned) automobiles. Guess that was their first amendment right,too, you [use your imagination].
My dad was deathly afraid of the union and for his life if he crossed the picket line, even though he’d been out of work for months. He was forced to be a member in order to work.

The truth is not with you, you phony, false-witnessing prevaricator. Bah! Go back to your hole.

avagreen on May 26, 2014 at 8:57 PM

unions are made up of people exorcising there first ammendment rights to assemble. that is categorically differant from what the greedy profit cults do when they buy elections.

ThisIsYourBrainOnKoch on May 26, 2014 at 5:18 PM

Exorcising? What do Catholic priests have to do with this post?

Differant? C’mon, man.

Greedy profit cults? The backbone of society. One of the institutions that has made the USA the greatest country in the history of mankind.

Grow up.

BuckeyeSam on May 26, 2014 at 9:02 PM

I’m much less worried about the corrections than I am the original holdings by the court.

IMO, SCOTUS decisions have gone unchallenged by the Legislative and Executive branch for far too long. For the good of the citizenry and the validity of the Constitution, there needs to be a constant tension between the branches of government. 5 justices should not be able to create far-reaching law out of a single case, or strike down Constitutional laws that are properly instituted by Congress and the President.

Announcing that a matter before the court should be resolved by an amendment to the Constitution, rather than a SCOTUS decision, strikes me has proper. But the amendment process has effectively been killed by SCOTUS.

pilsener on May 26, 2014 at 9:26 PM

In questions of constitutionality and the laws of the land, the Supreme Court has the final word.

Jazz, show me one clause in the Constitution that actually says this.

Shump on May 26, 2014 at 9:46 PM

unions corporations are made up of people exorcising there first ammendment rights to assemble.

ThisIsYourBrainOnKoch on May 26, 2014 at 5:18 PM

FIFY

Use spellcheck.

So unions can collectively exercise their rights but folks in corporations cannot?

Really?!?! So where in the Constitution does it state who can and who cannot exercise their rights under said document?

What part of free speech scares you so much that you must crush it?

Bubba Redneck on May 26, 2014 at 11:25 PM

nobody wants to make success a crime. but everyone should benefit from success equally, not like the unprecendented inequality we have now in this new gilded age of robber barons.

ThisIsYourBrainOnKoch on May 26, 2014 at 6:11 PM

F-off you lazy bast@rd!!!!! You really are nothing more than a communist.
The only folks that deserve to benefit from my success are those who helped make it possible: my family and my employees and those whom I choose. Employees get raises based on merit and productivity. They are free to leave if they do not like the terms of their employment. They are free to start their own businesses.
On the flip side I have no right to ride the coat tails or profit in any way from other folk’s success that I did not contribute to.

Bubba Redneck on May 26, 2014 at 11:38 PM

Just scrub footnote 4 of Carolene Products and call it good.

David Blue on May 27, 2014 at 12:18 AM

I can’t be bothered much to actually care about this, honestly. The court routinely uses the Constitution for toilet paper in rendering their decisions, and until that stops none of these sorts of details are of much relevance as far as I’m concerned.

Paperclips on May 27, 2014 at 12:23 AM

Wow, so many of you have been koched.

Schadenfreude on May 27, 2014 at 1:25 AM

So they made an error in argument. Was the error significant enough to change their decision? Or does it matter since the decisions are political and the arguments just a justification for predetermined decisions?

kcewa on May 27, 2014 at 8:41 AM

Whatever. It’s not like the laws mean anything at this point anyway.

Midas on May 26, 2014 at 4:31 PM

^^THIS^^

GWB on May 27, 2014 at 9:50 AM

you dont want to join a union, you dont have to have a union job. its that simple. and at least unions provide something of benefit to there members in exchange for there dues. what benefit do the greedy profit cults give back to the american people they steal their profits from?

ThisIsYourBrainOnKoch on May 26, 2014 at 5:31 PM

Wages
Products
Tax revenue
Returns on investment (to pension funds invested in their stock as well as individuals invested in their stock)

Unions served the worker in the past. Now they serve the union leadership, which is worse than corporate leadership as it doesn’t do anything for the average worker or society as a whole. The union leadership doesn’t provide a significant number of jobs, they don’t make products, they take tax money (from gvt employed workers) and use it to support the democratic party in their quest to dumb down the AMerican population.

Union workers see this. That is why union membership is falling so rapidly.

talkingpoints on May 27, 2014 at 11:10 AM

So I get that nothing less than egalitarian Marxism and ideological pragmatism is “My Brain on Koch”.

As if the Koch Brothers invented the free market….

Nice to know that the Koch brothers retroactively control thoughts that had non-Marxian ideas in the mainstream just decades ago.

Axeman on May 27, 2014 at 12:13 PM

“exorcising there(sp?) first ammendment” rights(sp?)

Errmm…..Exorcising is correct. That’s what you do to devils, demons, bad spirits. I’m sure I’m not the first to point this out.

avagreen on May 26, 2014 at 8:57 PM

You’re right that’s an obvious slip up. Dems are people wanting to exorcise our first amendment rights.

Axeman on May 27, 2014 at 12:17 PM

Union shops make unions arguably a non-governmental taxing agency, and so an unconstitutional entity.

But look how easily Coke-brain’s theory fails: Unions are exercising the first amendment rights of its workers, but if you don’t want union leadership to dictate your default exercise of first amendment rights, don’t take a union job, or you sign off your first amendment rights to the union to do as they please. Not by explicitly exercising speech, but by default, just by taking a job.

Paper-thin scrawling.

Axeman on May 27, 2014 at 12:23 PM

No law is final in a government without any.

Sterling Holobyte on May 27, 2014 at 2:30 PM

Since this editing process has been occurring for quite some time, I would suspect that it hasn’t caused a substantial LEGAL problem, or there would be multiple cases on record where someone is arguing that a ruling should be in their favor because of the language of revision x and their opponent is arguing for their side because of the language of revision y, and the revisions create a conflict.

If there ARE such cases, then the editing is a problem in real-life, rather than just being a thorn in the flesh for law librarians and researchers.

AesopFan on May 27, 2014 at 7:36 PM

Point us to a system that is better than what we have here. Anywhere, at any time.

BobMbx on May 26, 2014 at 6:28 PM

scandinavia..most of europe in fact. and the rate of progress being made in conquering inequality in places like latin america is truly enviable.

ThisIsYourBrainOnKoch on May 26, 2014 at 6:41 PM

I notice you don’t live in any of those places. You probably never have, which makes you not only uninformed but also a hypocrite.

Or perhaps you do. It’s pretty obvious that english either isn’t your mother tongue, or that you were educated in one of those inner city schools you cry about so much. I suppose that would explain all your bitterness.

runawayyyy on May 28, 2014 at 10:29 AM