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SCOTUS Watch

For discussion of religion and politics

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LawBeefaroni
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Re: SCOTUS Watch

Post by LawBeefaroni » Fri Jun 28, 2019 2:46 pm

Blackhawk wrote:
Fri Jun 28, 2019 2:06 pm
The only real solution I see is to reset the system entirely. Districting this way doesn't work, and is very prone to abuse and imbalance. There has to be a better way.
#of reps per state is based on population. Anyone can run so long as they submit candidacy documents and pass background check. Candidates are elected via lottery system, or maybe a ranked choice system.

Midway through the term, there is a statewide confidence vote on each Rep. If they receive less than 40%, they are publicly executed. No replacements are selected until the next election.
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Re: SCOTUS Watch

Post by Blackhawk » Fri Jun 28, 2019 3:14 pm

My thought was more along the lines of: Reps per state according to population, divided according to registered voter affiliation. So, if you got 50 reps in a state that was 40% Dem, 50% Rep, and 10% independent, you'd have 20 Ds, 25 Rs, and 5 independents. Each party could then vote their own candidates in to fill their allotted 'slots.' Rs vs Rs, Ds vs Ds, etc. Obviously there would be wrinkles to be ironed out, but at least congress would match the populace.
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Re: SCOTUS Watch

Post by Fireball » Mon Jul 01, 2019 10:12 am

Lots of bad ideas here.

Non-single member Congressional districts have been severe Constitutional issues, and likely aren’t coming back anytime soon.

The California redistricting system, or the Iowa redistricting system, should be adopted nationwide. Both produce fair districts that are reasonably competitive in aggregate.
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Re: SCOTUS Watch

Post by malchior » Tue Jul 02, 2019 8:25 am

SCOTUS to take on Bridgegate appeal.

I can't help but think this might be eventually seen as another partisan use of the court to protect bad conduct by Republican actors. I hope this won't be the case because this was ridiculous conduct that endangered people's lives for partisan bullying. However, I can't help but think that after the bullshit outcome of the McDonnell case that this set of jurists won't overturn it.

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Re: SCOTUS Watch

Post by Pyperkub » Thu Aug 08, 2019 1:58 pm

Cell phone location data protected by 4th Amendment:
The Supreme Court handed down a landmark opinion today in Carpenter v. United States, ruling 5-4 that the Fourth Amendment protects cell phone location information. In an opinion by Chief Justice Roberts, the Court recognized that location information, collected by cell providers like Sprint, AT&T, and Verizon, creates a “detailed chronicle of a person’s physical presence compiled every day, every moment over years.” As a result, police must now get a warrant before obtaining this data.
EFF/ACLU now seeking to apply to facial recognition
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Re: SCOTUS Watch

Post by stessier » Thu Aug 08, 2019 2:13 pm

Just for clarity, the cell phone ruling was from June 2018.
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Re: SCOTUS Watch

Post by LordMortis » Thu Aug 08, 2019 2:55 pm

With everything being a geosyncronized and timetracking part of the IoT, I do wonder about implications of 4th amendment evidence and what actually does count as evidence. Can a phone's location or a car place you a scene of a crime? Are ATT, Samsung, Ford, OnStar culpable for protecting your privacy or are they culpable if they try to protect your privacy? Then we have everything recording everything. Can they subpeona your phone for it's data collection because they suspect I did something at a time in place where they believe you were?

The world is just changing changing changing.

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Re: SCOTUS Watch

Post by Isgrimnur » Fri Aug 23, 2019 4:14 pm

NPR
Justice Ruth Bader Ginsburg has just completed three weeks of radiation treatment at Memorial Sloan Kettering Cancer Center in New York, the U.S. Supreme Court disclosed Friday.

The radiation therapy, conducted on an outpatient basis, began Aug. 5, shortly after a localized cancerous tumor was discovered on Ginsburg's pancreas. The treatment included the insertion of a stent in Ginsburg's bile duct, according to a statement issued by the court.

Doctors at Sloan Kettering said further tests showed no evidence of disease elsewhere in the body. The treatment comes just months after Ginsburg was operated on for lung cancer last December. The 86-year-old justice has been treated for cancer in various forms over the past 20 years.
I'll bet her lymph nodes are as big as cats!

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Re: SCOTUS Watch

Post by malchior » Fri Aug 23, 2019 4:18 pm

I'm sure if she leaves during the election year #MoscowMitch will honor his own theory and wait for the election to allow the voters to decide.

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Re: SCOTUS Watch

Post by Isgrimnur » Thu Aug 29, 2019 3:35 pm

You want to shoot yourself in the foot? This is a good way to do it.

Politico
The Senate majority leader and his 52 GOP colleagues sent a letter to the Supreme Court on Thursday pushing back against a Democratic amicus brief urging the court not to take up “political ‘projects” like a new challenge to New York City’s gun laws.

Led by Sheldon Whitehouse of Rhode Island, five Democratic senators argued earlier this month that the case was part of a drive to install a conservative majority on the court and strike down gun laws. The Democrats closed their letter by suggesting that voters may eventually demand the Supreme Court be “restructured in order to reduce the influence of politics” if it continues on its current course.
...
Whitehouse’s brief was joined by Democratic Sens Dick Durbin of Illinois, Mazie Hirono of Hawaii, Richard Blumenthal of Connecticut and Kirsten Gillibrand of New York.

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Re: SCOTUS Watch

Post by Pyperkub » Thu Aug 29, 2019 3:36 pm

malchior wrote:
Fri Aug 23, 2019 4:18 pm
I'm sure if she leaves during the election year #MoscowMitch will honor his own theory and wait for the election to allow the voters to decide.
He's already said he wouldn't.
There are three ways to not tell the truth: lies, damned lies, and statistics.

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Re: SCOTUS Watch

Post by malchior » Sun Sep 15, 2019 7:31 am

The accusation of a sexual assault at Yale by Kavanaugh that 'wasn't substantiated' during his confirmation hearings has come back around again. The story referenced below goes on to document that people tried to contact the FBI about it and yet another similar incident...but it sounds like Republican Senators ensured they were not investigated.


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Re: SCOTUS Watch

Post by pr0ner » Sun Sep 15, 2019 9:39 am

This tweet will likely be deleted and reposted with correct spelling at some point, but geez.


Brett Kavanaugh should start suing people for liable, or the Justice Department should come to his rescue. The lies being told about him are unbelievable. False Accusations without recrimination. When does it stop? They are trying to influence his opinions. Can’t let that happen!
Sue for liable!
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Re: SCOTUS Watch

Post by Zaxxon » Sun Sep 15, 2019 9:48 am

Also, you know, have the Justice Department 'come to the rescue.'

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Re: SCOTUS Watch

Post by pr0ner » Sun Sep 15, 2019 9:57 am

Corrected tweet.

Hodor.

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Re: SCOTUS Watch

Post by Skinypupy » Sun Sep 15, 2019 10:29 am

Zaxxon wrote:
Sun Sep 15, 2019 9:48 am
Also, you know, have the Justice Department 'come to the rescue.'
Because advocating for the DOJ to act as personal attorney for a SCOTUS justice the President happens to like is totally normal, right?

And how, exactly, are these accusations “influencing his opinion”? Isn’t a SCOTUS judges job to interpret the law without outside influence? (I almost typed that with a straight face)
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Re: SCOTUS Watch

Post by Smoove_B » Sun Sep 15, 2019 1:18 pm

Strong words.


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Re: SCOTUS Watch

Post by pr0ner » Sun Sep 15, 2019 3:42 pm

Elizabeth Warren thinks he needs to be impeached too.
Hodor.

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Re: SCOTUS Watch

Post by Smoove_B » Sun Sep 15, 2019 3:54 pm

I was just about to edit that in - seeing it now. Kinda surprised at the bold commentary, but it's appreciated. Plus, there's a stealth shot at Trump.


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Re: SCOTUS Watch

Post by malchior » Mon Sep 16, 2019 10:57 pm

This is the Kavanaugh mess we feared

This is a pretty feisty op ed. It is probably fated that this confirmation will be a ticking time bomb for the legitimacy of the Supreme Court - not that much may be left by then. That isn't good for anybody. The last part I quote below is really an important kicker. Absent some dramatic events this guy will sit on the Supreme Court for 30+ years eating away at faith in the system.
Washington Post wrote: In September 2018, I warned about the abbreviated FBI investigation into allegations that Brett M. Kavanaugh engaged in sexually aggressive behavior: “If Democrats retake one or both houses in November, they will be able to investigate, subpoena witnesses and conduct their own inquiry. The result will be a cloud over the Supreme Court and possible impeachment hearings … Kavanaugh has not cleared himself but rather undermined faith in the judicial system that presumes that facts matter.”

And sure enough, two New York Times reporters have found multiple witnesses to the allegations from Deborah Ramirez that Kavanaugh exposed himself during a dorm party at Yale. One newly discovered witness had information concerning yet another, similar event. That witness, Max Stier, is the chief executive of Partnership for Public Service, a nonpartisan group that, among other things, tracks nominations and confirmations. According to the Times report, he brought the information to the Senate Judiciary Committee (Who? Who knew about this?) and to the FBI. (I have relied on him for expertise about the federal government and found him to be scrupulously nonpartisan and honest.) He might have been a compelling witness. The New York Times now reports that the woman involved in the incident Stier witnessed does not remember it.

...

And speaking of Maine, it’s Sen. Susan Collins (R-Maine) who will once more receive the lion’s share of the criticism and anger. Not only did she cast the last holdout vote on the premise that Kavanaugh would uphold the right to an abortion (!), but she accepted an obviously fraudulent investigation. Had she demanded a real inquiry, including witnesses we now know about, the truth might have come out before Kavanaugh was elevated to the court. The Supreme Court might not have been grievously diminished. Collins was already high on the list of progressives’ targets for 2020. This will be one more reminder that she utterly failed in her role to render advice and consent on judicial nominees.

The latest Kavanaugh revelations, as we predicted, were inevitable. The cursory and artificially restricted FBI investigation was a farce, a Kabuki dance to give Republicans cover to vote for him. When a Democratic majority in the House and a Democratic president (if they prevail in 2020) decide to waive privileges, open the investigation up to scrutiny and demand that FBI Director Christopher A. Wray testify, more and more evidence will tumble out. And then what? We’ll revisit the same fight we had in the Kavanaugh hearing. While a Democratic House might conceivably impeach him for lying under oath, the Senate would never obtain a two-thirds majority that would leave the “Kennedy seat” to be filled by a Democratic president.

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Re: SCOTUS Watch

Post by Isgrimnur » Mon Oct 07, 2019 3:09 pm

Who's ready for the new fall season?
The justices are returning to the Supreme Court bench for the start of an election year term that includes high-profile cases about abortion, protections for young immigrants and LGBT rights, any of which could affect groups of Americans this term.

The court met Monday morning for its first public session since late June. The first case heard was a Kansas death penalty case regarding whether states can abolish an insanity defense for criminal defendants.

The justices also heard arguments Monday on whether the Sixth Amendment applies to state courts, that is, whether juries can convict criminals without a unanimous verdict. Louisiana is one of two U.S. states allowing non-unanimous criminal convictions.
...
For now, though, the court has plenty of significant cases to deal with, including whether federal civil rights law that bars workplace discrimination on the basis of sex covers LGBT people. The justices will hear arguments Tuesday in two cases on that topic, their first foray into LGBT rights since the retirement of Justice Anthony Kennedy, who wrote all the court's major gay rights rulings.

Next month, the fate of the Deferred Action for Childhood Arrivals program is in front of the justices. Lower courts have blocked Trump from ending the Obama-era program, which has shielded roughly 700,000 people from deportation and provided them with permits to work.

Amid the ongoing gun debate in the wake of a series of mass shootings this past summer, the court will also be looking at a gun rights case, debating a law out of New York which makes it harder for law-abiding citizens who own guns to take their guns outside of their homes.

During the winter, the justices will take up a challenge to a Louisiana law that would force abortion providers to have admitting privileges at local hospitals. It's another test of whether the change in the court's composition will result in a different outcome. With Kennedy in the majority, the court in 2016 struck down a virtually identical Texas law.

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Re: SCOTUS Watch

Post by Isgrimnur » Mon Oct 07, 2019 3:11 pm

ScotusBlog
For over a century, a criminal defendant in Louisiana (except in capital cases) could be convicted without a unanimous verdict from the jury. In 2018, the state’s voters repealed the non-unanimity rule, leaving Oregon as the only state in the nation that does not require a unanimous verdict. However, the change to Louisiana law only required unanimous jury verdicts in felony trials for all crimes committed on or after January 1, 2019; it had no effect on the sentences of inmates who had already been convicted. Next week, in a relatively rare afternoon session on the first day of the new term, the Supreme Court will hear oral argument in a challenge to the constitutionality of Louisiana’s non-unanimity rule.
...
Nearly 50 years ago, in Apodaca v. Oregon, the court ruled that the Sixth Amendment guarantees a right to a unanimous jury, but that such a right does not extend to defendants in state trials. The justices were deeply divided. Four justices would have ruled that the Sixth Amendment does not require a unanimous jury at all, while four others would have ruled that the Sixth Amendment establishes a right to a unanimous jury that applies in both state and federal courts. That left Justice Lewis Powell, who believed that the Sixth Amendment requires a unanimous jury for federal criminal trials, but not for state trials, as the controlling vote.

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