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The Constitution & The Judicial Branch Discuss Could the supreme court essentially nullify parts of the civil rights act of 1964? at the Political Forums; Do you suppose the supreme court could rule in favor of businesses being able to operate how they wish, and ...

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Old 06-30-2022, 01:17 AM
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Default Could the supreme court essentially nullify parts of the civil rights act of 1964?

Do you suppose the supreme court could rule in favor of businesses being able to operate how they wish, and be able to discriminate (employment, housing, customers) against whoever they want for whatever reason?
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Old 06-30-2022, 02:03 AM
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Default Re: Could the supreme court essentially nullify parts of the civil rights act of 1964

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Do you suppose the supreme court could rule in favor of businesses being able to operate how they wish, and be able to discriminate (employment, housing, customers) against whoever they want for whatever reason?
No...

Unlike Roe V. Wade, which overturned a previous court decision, Civil Rights' Law is exactly that...LAW...Which means it was created through actual legislation that was signed, sealed, and delivered...
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Old 06-30-2022, 03:30 AM
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Default Re: Could the supreme court essentially nullify parts of the civil rights act of 1964

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No...

Unlike Roe V. Wade, which overturned a previous court decision, Civil Rights' Law is exactly that...LAW...Which means it was created through actual legislation that was signed, sealed, and delivered...
What about if they changed their stance on Heart of Atlanta Motel, Inc. v. United States?
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Old 06-30-2022, 06:56 AM
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Default Re: Could the supreme court essentially nullify parts of the civil rights act of 1964

I don't know about that, but I do believe that if Same-Sex marriage were to make its way to the court, it could be overturned and returned to the states just as abortion has been. I don't think it is quite as clear-cut as abortion, but it is another ruling that could be construed as being incorrectly decided.
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Old 06-30-2022, 09:21 AM
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Default Re: Could the supreme court essentially nullify parts of the civil rights act of 1964

The SCOTUS cannot make law. Their power and function is to interpret legislated laws and the application of them. With several exceptions, notably Chief justice Roberts change Obamacare to a tax, the court has refrained from converting "law" to meet the desires of politicians or the general public.

They also cannot "invent" rights and laws which is what they did with Dread Scott, Separate but Equal, and most recently the right to abortion on demand. Intense review by later justices is how such travesties and oversights are corrected. A messy, cumbersome process however it tends to maintain uniformity.
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Old 06-30-2022, 07:48 PM
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Default Re: Could the supreme court essentially nullify parts of the civil rights act of 1964

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Originally Posted by GetAClue View Post
I don't know about that, but I do believe that if Same-Sex marriage were to make its way to the court, it could be overturned and returned to the states just as abortion has been. I don't think it is quite as clear-cut as abortion, but it is another ruling that could be construed as being incorrectly decided.
Agreed. I think gay marriage will be put back to the states, it just seems inevitable.
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Old 06-30-2022, 10:00 PM
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Default Re: Could the supreme court essentially nullify parts of the civil rights act of 1964

Seems to me, That at this point at least, The court is leaning toward rights clearly described in the constitution.

So i doubt laws concerning Equal treatment for all citizens regardless of race religion etc would be in danger.
While affirmative actions laws might be vulnerable.

But here's my take on the situation
No matter what there's no perfect system. IMO if the SCOTUS limits itself AND the legislators closer to the constitutional limits that would be great.
By default a lot of issues would go back to the states. AS it was originally intended.

Left and love and hate the idea based on whose ox is being gored.
Stated are making & enforcing their own lawd concerning marijuana. And ignoring federal laws to the point of not cooperating with FBI and federal courts.
The left happy with that. And they are happy with the same kind of actions concerning illegal immigrants. "sanctuary states".
The right is happy with abortion going back to the states. And with States like Florida ignoring federal " recommendations" concerning covid.

Bottom line the States are supposed to be different and the Federal govt strictly limited to a range of items explicitly listed in the constitution.
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Old 06-30-2022, 10:32 PM
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Default Re: Could the supreme court essentially nullify parts of the civil rights act of 1964

Sorry about my typos this thing "helps" me write. And I'm often distracted for too long to make corrections before the editing time limit is up.

Above "left & right" not "left & love"
States not Stated
Laws not lawd
Etc
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Old 06-30-2022, 10:38 PM
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Default Re: Could the supreme court essentially nullify parts of the civil rights act of 1964

Yes, I agree, the federal government isn't supposed to get involved in things that the states could take care of.
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