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  #801  
Old 06-25-2020, 02:51 AM
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Default Re: SCOTAL Itch

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Originally Posted by viscousmemories View Post
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
I don't think most even know there's a Grabby McGrabberson full fledged bid for autocrat in progress. Now I understand how it happens.
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  #802  
Old 06-29-2020, 04:55 PM
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Default Re: SCOTAL Itch

June Medical Services, L.L.C. v. Russo, 591 U.S. ___:

Back in 2012, Chief Justice Roberts kept the Affordable Care Act afloat by deciding that the individual mandate was a valid exercise of the taxing power. Today, he killed that Louisiana "admitting privileges" law by voting with Ginsberg, Breyer, Sotomayor and Kagan.

One day a case that presents the opportunity to overrule the Roe/Casey line of cases will make it to SCOTUS. When it does, the decision whether the right to choose continues to exist at all and, if so, in what form will depend entirely on Roberts. In his case, he followed the precedent set in Whole Women's Health, a case that shot down a near-identical Texas law, even though he dissented in that case. That's grounds for extremely cautious optimism.
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  #803  
Old 06-29-2020, 06:08 PM
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Default Re: SCOTAL Itch

I'm so cynical I keep thinking SCOTUS is making these uplifting rulings just to make people put their guard down and think maybe the GOP stealing the court isn't so evil after all.
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  #804  
Old 06-29-2020, 10:20 PM
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Default Re: SCOTAL Itch

:yeahthat:

I think Roberts thinks Trump is going to lose and may drag down the GOP Senate with him. It may be he figures that dissuading Democratic Senators from packing the courts is better for his long-term ideological projects than getting an abortion victory right now.

Also, it was pretty blatant hackery of Republicans to attempt to overturn Whole Women's Health in this manner, and Roberts, while he may be a hack, is more concerned than the other Republicans on the court about not appearing to be a hack. Which I guess plays into the court packing concern - blatant Republican hackery on the court makes the case for court packing even easier than merely delivering conservative victories.

The plan is probably just to wait for the Democrats to lose the Senate again, then do more right-wing hackery, after it's too late for them to respond because Biden can't get anyone confirmed.

In the meantime, while Roberts is a politician in a sense (he's certainly not an umpire calling balls and strikes), Supreme Court justices are not electoral politicians and don't necessarily know what's smart for those purposes (cf. Kagan agreeing to trade the ACA mandate for making the Medicaid expansion optional, presumably because she thought it would be electoral suicide for Republicans to reject it or that they wouldn't be so cynical and callous. Bad trade!). I wonder whether he's miscalculating in thinking that some of these decisions will make Democrats complacent rather than demoralizing conservative voters. I hope that he is.

I'm of the opinion that unless Clarence Thomas drops dead between January 21 and March 2021 or something, they should definitely just go ahead and pack the SCOTUS. And probably either way, they ought to expand the judiciary and reorganize the circuits. Hell, even if Thomas does drop dead, they probably ought to expand SCOTUS, to lighten the workload on individual justices.
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  #805  
Old 06-30-2020, 02:46 AM
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Default Re: SCOTAL Itch

lucy-football.jpg
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  #806  
Old 07-02-2020, 02:51 PM
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Default Re: SCOTAL Itch

Quote:
The majority holds that a Montana scholarship program unlawfully discriminated against religious schools by excluding them from a tax benefit. The threshold problem, however, is that such tax benefits no longer exist for anyone in the State. The Montana Supreme Court invalidated the program on state-law grounds, thereby foreclosing the as-applied challenge petitioners raise here. Indeed, nothing required the state court to uphold the program or the state legislature to maintain it. The Court nevertheless reframes the case and appears to ask whether a longstanding Montana constitutional provision is facially invalid under the Free Exercise Clause, even though petitioners disavowed bringing such a claim. But by resolving a constitutional question not presented, the Court fails to heed Article III principles older than the Religion Clause it expounds. Coleman v. Thompson, 501 U.S. 722, 730 (1991) (forbidding “resolution of a federal question” that “cannot affect” a state-court judgment).

Not only is the Court wrong to decide this case at all, it decides it wrongly.
Espinoza v. Montana Dep't of Revenue, 591 U.S. ___, ____ (Sotomayor, J., dissenting).

From now on, if a state provides some financial benefit to some private schools (a tax credit, in this case), it must provide the same benefit to all private schools, including religious ones. The many state constitutional provisions that preclude giving public money to churches have gone to be with Jesus. May their souls find peace in the Lord's loving embrace.

I've never been burdened with a belief that there really is a "wall of separation" between church and state, as Jefferson put it, or religion and government, as Madison put it. Hell, in the first case where the Court applied the Establishment Clause of the First Amendment to the states, it held that a law authorizing use of public money to reimburse parents for the cost of transporting their snot miners to religious schools was A-OK. But now they've gone straight up Ray Liotta in Goodfellas ("Your state constitution says you can't give taxpayer money to a church? Fuck you, pay me").

Speaking of the Establishment Clause and state governments, Clarence Thomas at long last has a playmate! Since 2002, ol' Clarence has been a one-man band advocating for the view that all the Establishment Clause does is prohibit the federal government from setting up a national religion; states are free have their own official churches, so long as state laws regarding the official church are not so coercive as to violate citizens' Free Exercise rights. The position is enough of a jaw-dropper that even Scalia wouldn't sign on. Scalia wouldn't, but Neil Gorsuch did.
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  #807  
Old 07-03-2020, 02:45 PM
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Default Re: SCOTAL Itch

I saw this case in the news but didn't understand it until now. Thanks for all you do Mr. Maturin!
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  #808  
Old 07-06-2020, 03:59 PM
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Default Re: SCOTAL Itch

I'm glad this is settled before this particular election.

Supreme Court rules presidential electors can be forced to uphold popular vote

I'd hate to see any shenanigans like that being decided after the fact.
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  #809  
Old 07-08-2020, 06:04 PM
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Default Re: SCOTAL Itch

Here comes the judge, here comes the judge...

The tax return final decision on Thursday. Is it tomorrow yet?

:worry:
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  #810  
Old 07-09-2020, 03:40 PM
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Default Re: SCOTAL Itch

As a practical matter, Trump won both financial documentation cases. The Court didn't shut down either case entirely, as Trump demanded, but both the case involving the Congressional subpoenas and the case involving the state subpoena got sent back to their respective trial courts for further proceedings.

Bottom line: we won't be seeing any Trump tax returns or other financial documents before November.
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  #811  
Old 07-09-2020, 06:41 PM
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Default Re: SCOTAL Itch

Kick something into the long grass - Idioms by The Free Dictionary

Quote:
To halt or stall something, especially a plan or project, so as to postpone having to make a decision or action regarding it. Primarily heard in UK.
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  #812  
Old 07-10-2020, 03:28 PM
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Default Re: SCOTAL Itch

Quote:
Originally Posted by Stephen Maturin
Bottom line: we won't be seeing any Trump tax returns or other financial documents before November.
Is there at least an increased probability of his facing legal problems post-Presidency (should that ever occur)?
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  #813  
Old 07-13-2020, 01:25 AM
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Default Re: SCOTAL Itch

I think it's at least not less likely now. If Dump gets :asskick:, I assume Bilbar Baggins will get scotched PDQ, then the US Attorneys Bilbar massacred and replaced with drones will, in turn, get replaced by actual sentient beings. That should clear the runway for any justifiable prosecutions that are queued up to start hitting the docket. If I understand the ruling, he will have to put up with the grand jury having his financials, whether he bloody well likes it or not.

Anyone with actual qualifications feel free to step in and disabuse me of any silly notions I may have expressed here.
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Last edited by SR71; 07-13-2020 at 02:37 AM.
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  #814  
Old 07-13-2020, 06:08 PM
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Default Re: SCOTAL Itch

Another take on teh recent ruling on Trump's tax returns on Politico:

Actually, the Supreme Court Just Gave Congress a Big Win: Trump might have won a short-term political battle. But Congress’ subpoena power is clearer than it ever was.

:tldr::

Quote:
The Supreme Court’s decision in Mazars USA is best viewed in tandem with the Republican Senate majority’s acquittal of Trump for obstruction of Congress. Trump’s lawyers successfully argued that the president can totally flout any requests for information from Congress to the Executive Branch with impunity, leaving American voters and their representatives without the basic information needed for oversight. Congress gave that power away, with nothing gained in return. The Supreme Court just handed it back.
I still think the Democrats should have started pushing this project like, 3 1/2 years ago. Anyone surprised Team Trump would defy congressional subpoenas, raise your hand.

Yeah, thought so. Too bad none of us are running the House Ways & Means Committee.
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  #815  
Old 07-17-2020, 05:07 AM
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Default Re: SCOTAL Itch

But her emails.

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  #816  
Old 07-18-2020, 06:05 AM
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Default Re: SCOTAL Itch

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  #817  
Old 08-20-2020, 04:55 PM
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Default Re: SCOTAL Itch

On remand from the Supreme Court, a federal trial court judge in New York has dismissed Trump's lawsuit against against the Manhattan District Attorney in which shitboy sought to enjoin enforcement of a New York state grand jury subpoena issued to Trump's accountants. That was exceptionally fast and thorough (there's a link to the 103-page :faint: opinion in the article) work, so big ups to Judge Victor Marrero and his his law clerk.

The appeals will now begin anew. The real question is whether Trump's lawyers can persuade any federal court to continue staying enforcement of the subpoena while the appeals are pending.
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