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  #776  
Old 07-01-2019, 09:57 PM
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Default Re: SCOTAL Itch

The Notorious RBG and GoSucks wrote separate dissents in that case, bey. Both opinions are very good, and there's some overlap, but apparently neither could stomach the idea of signing onto the other's opinion, even in part. :D
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  #777  
Old 08-20-2019, 03:54 AM
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Default Re: SCOTAL Itch

Found what happens when a creep like Kavanaugh's a judge:




Thrad.
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  #778  
Old 04-01-2020, 05:20 AM
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  #779  
Old 04-01-2020, 06:04 AM
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Default Re: SCOTAL Itch

Quote:
Alternatively, in a formulation I prefer, one can imagine an illiberal legalism that is not “conservative” at all, insofar as standard conservatism is content to play defensively within the procedural rules of the liberal order.
Yeah, that's just nakedly partisan. It is especially disingenuous because the originalists have long argued that they want the aims that the liberal justices want but are hemmed in by the original meaning. Originalists appealed to the objective truth of the original meaning(not that it was objective or even true necessarily, but they did pretend.)

also if you use the term civilized legal systems

Quote:
the law of nations or the “general law” common to all civilized legal systems
Youre almost certainly a racist fucktard.
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  #780  
Old 04-02-2020, 09:59 PM
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Default Re: SCOTAL Itch

This judge sent a nastygram to Roberts, saying he's hanging up his robe cause he don't like the way the Supremes roll anymore. He's not mincing any words. There are elements of the letter that are beyond my narrow scope of familiarity (ripping off Disturbed), but the general thrust of the missive is perfectly deducible from context.

Judge James Dannenberg writes John Roberts a letter resigning from the Supreme Court Bar.

The whole thing is quotable but this may be the salient point.

Quote:
Your public pronouncements suggest that you seem concerned about the legitimacy of the Court in today’s polarized environment. We all should be. Yet your actions, despite a few bromides about objectivity, say otherwise.
It is clear to me that your Court is willfully hurtling back to the cruel days of Lochner and even Plessy. The only constitutional freedoms ultimately recognized may soon be limited to those useful to wealthy, Republican, White, straight, Christian, and armed males— and the corporations they control. This is wrong. Period. This is not America.
It's pleasing that the blatant right wing activism of the court draws the publicly declared objection of one with the stature and position within the legal structure such as Judge Dannenberg.
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  #781  
Old 04-02-2020, 10:10 PM
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Default Re: SCOTAL Itch

Quote:
Without trying to write a law review article, I believe that the Court majority, under your leadership, has become little more than a result-oriented extension of the right wing of the Republican Party, as vetted by the Federalist Society. Yes, politics has always been a factor in the Court’s history, but not to today’s extent. Even routine rules of statutory construction get subverted or ignored to achieve transparently political goals. The rationales of “textualism” and “originalism” are mere fig leaves masking right wing political goals; sheer casuistry.
I like this part.

edited to add: I even learned the word casuistry which is like sophistry especially for moral reasoning.
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  #782  
Old 04-15-2020, 08:31 AM
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Default Re: SCOTAL Itch

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  #783  
Old 04-20-2020, 06:45 PM
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Default Re: SCOTAL Itch

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  #784  
Old 05-12-2020, 05:58 PM
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Default Re: SCOTAL Itch

Quote:
Originally Posted by Kamilah Hauptmann View Post
SCOTUS held oral argument today in Trump v. Vance and Trump v. Mazars USA, LLP, and Great Fucking Googly Moogly, what a shitacular shitshow it was! The rapey alcoholic manbaby earned his keep, whining about "limiting principles" and the horrible injustice inherent in requiring a president to disclose "personal" information using "too low a standard." This is the shithead who cornered a 22-year-old intern and threatened to imprison her mother unless she cooperated fully. And he didn't seem all that concerned with "limiting principles" when his crew drew blood from a sitting POTUS to get DNA to compare with jizz on that blue dress.

And yes, Kavanaugh whines and snivels from the bench p. much exactly as he did while testifying before the Senate Judiciary Committee.

On a lulzier note, Thomas actually participated in the argument. I wouldn't be surprised to see a lone wolf opinion from him explaining how Congress has no investigative authority of any kind.
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  #785  
Old 05-12-2020, 06:19 PM
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Default Re: SCOTAL Itch

Quote:
Thomas actually participated in the argument
:vapours:
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  #786  
Old 05-14-2020, 03:59 AM
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Default Re: SCOTAL Itch

What might be the timeframe for decisions on those cases?
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  #787  
Old 05-14-2020, 08:41 AM
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Default Re: SCOTAL Itch

This aint Scotal yet, but it might end up being

Well, it's Wscotal at this point.


Quote:
While lockdown orders meant to quell the pandemic have been challenged in court in several states, the decision in Wisconsin marked the first such lawsuit to succeed in a larger political debate over social distancing that has grown increasingly partisan.

At stake in Wisconsin was a "Safer at Home" order that had been extended through May 26 by the state's secretary for the Department of Health Services, Andrea Palm, acting at the direction of Governor Tony Evers.

The court ruled that while Evers, a first-term Democrat, possesses emergency powers as governor, the stay-at-home directive was effectively imposed by Palm, whose discretion as a political appointee is more limited.

"We further conclude that Palm's order confining all people to their homes, forbidding travel and closing businesses exceeded the statutory authority ... upon which Palm claims to rely," the court said.
How the fuck does this make sense?


Quote:
And while the stay-at-home order was declared unlawful by the court's majority, Roggensack wrote, without explanation, that schools would remain closed.
https://www.wpr.org/wisconsin-suprem...r-home-order-0


especially with this bit, if the order is void, motherfuckers, the order is fucking void.

Quote:
"Now that the decision has been rendered, we are confident Wisconsin citizens are up to the task of fighting the virus as we enter a new phase," said Vos and Fitzgerald. "Wisconsin now joins multiple states that don't have extensive ‘stay at home orders’ but can continue to follow good practices of social distancing, hand washing, hand sanitizer usage and telecommuting."
OH sure, yall only want to the freedom to be fucking stupid, but you can be trusted with it.

smh
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Last edited by beyelzu; 05-14-2020 at 09:16 AM.
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  #788  
Old 05-14-2020, 08:28 PM
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Default Re: SCOTAL Itch

One of the Republican justices also compared the stay at home order to... Japanese internment during WW2. Staying at home and socially distancing is indeed very similar to being shipped hundreds of miles away from your home and forced to live in a cramped camp with hundreds of other people.

And also said that an outbreak in a meatpacking plant didn't matter so much because it wasn't spreading among "regular folks".
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  #789  
Old 05-16-2020, 04:03 PM
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Default Re: SCOTAL Itch

Quote:
Originally Posted by SR71 View Post
What might be the timeframe for decisions on those cases?
Decisions to be posted on Mondays at 10:00 AM until they're all finished, which may be July?
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  #790  
Old 05-30-2020, 05:08 AM
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Default Re: SCOTAL Itch

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  #791  
Old 05-30-2020, 06:32 AM
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Default Re: SCOTAL Itch

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  #792  
Old 05-31-2020, 02:08 AM
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Default Re: SCOTAL Itch

It really is absurd that the ruling was 5-4, it's like GoSucks, Uncle Thomas, Scalito, and the Serial Sexual Assaulter were just that pissed off that religion was declared inessential.

It's especially bizarre give the super spreading events we are seeing coming out of churches.
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  #793  
Old 05-31-2020, 05:30 AM
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Default Re: SCOTAL Itch

And it's moronic, really. The judgement isn't that RELIGION(s) are not important. GATHERING PEOPLE INTO BUILDINGS FOR EXTENDED PERIODS OF TIME IN CLOSE PROXIMITY IS GETTING PEOPLE SICK AND DEAD. "Church" is just the incidental building in which people are, no pun honest, congregating.

AND I'M JUST A COUNTRY MORON. How can I figure this out?
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  #794  
Old 06-16-2020, 05:24 AM
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Default Re: SCOTAL Itch

Quote:
“An employer who fires an individual merely for being gay or transgender defies the law,” Justice Neil M. Gorsuch wrote for the majority in the 6-to-3 ruling.
awesome

Quote:
The decision was both symbolic and consequential, and it followed in the tradition of landmark rulings on discrimination. Unlike Brown v. Board of Education, the 1954 decision that said racially segregated public schools violated the Constitution; Loving v. Virginia, the 1967 decision that struck down bans on interracial marriage; and Obergefell v. Hodges, the 2015 decision that struck down state bans on same-sex marriage, the new decision did not involve constitutional rights.

Instead, the question for the justices was the meaning of a statute, Title VII of the Civil Rights Act of 1964, which bars employment discrimination based on race, religion, national origin and sex. They had to decide whether that last prohibition — discrimination “because of sex” — applies to many millions of gay and transgender workers.

Justice Gorsuch wrote that it did.

“An employer who fires an individual for being homosexual or transgender fires that person for traits or actions it would not have questioned in members of a different sex,” he wrote.

“It is impossible,” Justice Gorsuch wrote, “to discriminate against a person for being homosexual or transgender without discriminating against that individual based on sex.”
https://www.nytimes.com/2020/06/15/u...eme-court.html
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  #795  
Old 06-16-2020, 05:44 AM
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Default Re: SCOTAL Itch

Looks like they got those justices who won’t legislate from the bench after all. Poor Kushner trying to explain to his fil that he can’t fire a judge.
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  #796  
Old 06-16-2020, 06:07 AM
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Default Re: SCOTAL Itch

So many social conservative tears, made all the more sweet by the fact that GorSUCK (as many of them now call him) was appointed by Trump.


I, for one, would be incredibly owned if evangelical conservatives decided to stay home.
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  #797  
Old 06-16-2020, 06:16 AM
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I’m not gloating YOU’RE gloating.
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  #798  
Old 06-16-2020, 01:48 PM
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Default Re: SCOTAL Itch

Bostock v. Clayton County, 590 U.S. ___ (2020).

Gorsuch is indeed a dyed-in-the-wool textualist in matters of statutory interpretation. The words in the statute are all Congress votes on and all the President signs into law, so they're all the courts can use. Doesn't matter what anyone did or did not "intend." Doesn't matter what's in any congressional committee report on the legislation. Doesn't matter what some grandstanding dipshit said about the statute during debate in the Senate. All that matters is what the statute actually does, and that's found within the four corners of the text.

Bostock suggests that Gorsuch will apply textualism is a principled way, going where the analysis leads rather than manipulating the analysis to generate a wingnut outcome. The approach will generate "conservative" outcomes much of the time, but not this time. :snicker:

Down the road, the most significant aspect of Bostock may be that Gorsuch got Ginsburg, Breyer, Sotomayor and Kagan to sign on to his brand of statutory analysis.
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  #799  
Old 06-16-2020, 03:46 PM
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Default Re: SCOTAL Itch

Quote:
Originally Posted by erimir View Post
I, for one, would be incredibly owned if evangelical conservatives decided to stay home.
Me too. I would cry so many liberal tears.
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  #800  
Old 06-25-2020, 12:12 AM
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Default Re: SCOTAL Itch

This isn't SCOTAL but ever since I saw the PBS Frontline special "Supreme Justice" I've been paying more attention to that shitstain McConnell spraying his mark all over the judicial system and it makes me so fucking angry! I used to be an "average American" so I can assure you most citizens don't even pay attention to Congress at all, much less to some random Senator from Kentucky. And I suspect most don't pay close enough attention to the judicial to know that federal judges are appointed for life.

News | Senate confirms 200th judicial nominee from Trump, a legacy that will last well beyond November - The Washington Post
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