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Re: SCOTUS

#726

Post by Tiredretiredlawyer »

Yes, and run into a thick wooden wall that says, "SCOTUS is NOT infallible!"
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Re: SCOTUS

#727

Post by raison de arizona »

Worth pointing out to Alito.
MeidasTouch @MeidasTouch wrote: Justice Alito is complaining about people questioning the integrity of the Supreme Court as a Supreme Court Justice’s wife is being deposed for her role in an insurrection against the United States. Can’t make this stuff up.
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Re: SCOTUS

#728

Post by Gregg »

raison de arizona wrote: Thu Sep 29, 2022 1:21 pm Worth pointing out to Alito.
MeidasTouch @MeidasTouch wrote: Justice Alito is complaining about people questioning the integrity of the Supreme Court as a Supreme Court Justice’s wife is being deposed for her role in an insurrection against the United States. Can’t make this stuff up.
After her husband failed to report her $700,000 income from a lobbying group....
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Re: SCOTUS

#729

Post by raison de arizona »

If Thomas doesn't have to, I guess Barrett figured she didn't have to either.
Kaivan Shroff @KaivanShroff wrote: NEW: Justice Amy Coney Barrett withheld her husband's work from an ethics disclosure.
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Re: SCOTUS

#730

Post by Tiredretiredlawyer »

https://www.dailykos.com/stories/2022/9 ... eady-to-do
In rare intervention, state chief justices warn SCOTUS away from blowing up federalism

In a rare foray of state courts’ chief justices into U.S. Supreme Court matters, the Conference of Chief Justices filed a brief - this month to weigh in against the radical, once-fringe elections law fight brought by North Carolina lawmakers, Moore v. Harper. The Republican lawmakers are using the “independent state legislatures” theory, and—long-debunked fraudulent arguments for it—to eliminate the role of the state courts in providing a check on gerrymandering and voter suppression,

The Conference is comprised of Chief Justice John Roberts equivalents for all 50 of the states, the District of Columbia, and the U.S, territories. In our federalist system, states are recognized as sovereign governments within the limits proscribed by the Constitution. “State sovereignty includes the power of each state to structure its own government and determine the relationships between the legislative and judicial branches,” the conference argues in its brief. If the SCOTUS finds for the lawmakers, they would be mandating an erosion of those state-level checks and balances, taking away the role of state courts in reviewing legislative decisions about federal elections.

It's the biggest federalism issue in a long time,” Chief Justice Nathan L. Hecht of the Texas Supreme Court told The New York Times’ Adam Liptak. “Maybe ever.”

The North Carolina lawmakers are arguing for a ridiculously literal interpretation of the Constitution’s Elections Clause, which states that the “Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof,” arguing that “Legislature” in means that only legislatures have power at the state level to shape the rules governing federal elections in their states. The other clause the lawmakers dispute, the one that presents an imminent threat in the next presidential election, is the Presidential Electors Clause, which reads, “Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors.”

The use of the “Legislature” in these clauses has been interpreted for forever to be a sort of shorthand for the state’s lawmaking processes, encompassing all of the procedures and limitations implied, including judicial review.

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Re: SCOTUS

#731

Post by raison de arizona »

Image
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Re: SCOTUS

#732

Post by AndyinPA »

Not enough women.
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Re: SCOTUS

#733

Post by Gene Kooper »

In my view, one too many until Biden appoints a few more.
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Re: SCOTUS

#734

Post by raison de arizona »

Tristan Snell @TristanSnell wrote: The FBI received 4500 tips on Brett Kavanaugh.

A FOIA request for the tips reveals that hundreds of pages had been deleted -- and over 1000 of the tips had been redacted COMPLETELY.

What is everyone hiding about Kavanaugh?

Must-read full story from @carabayles @Law360 :
https://www.law360.com/appellate/articles/1533616
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Re: SCOTUS

#735

Post by raison de arizona »

Image
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SCOTUS

#736

Post by tek »

A FOIA request for the tips reveals that hundreds of pages had been deleted -- and over 1000 of the tips had been redacted COMPLETELY.
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SCOTUS

#737

Post by raison de arizona »

Mark Joseph Stern @mjs_DC wrote: Justice Jackson's husband wore socks with his wife's face on them to her investiture ceremony!
Ariane de Vogue @Arianedevogue wrote: Justice Ketanji Brown Jackson was formally sworn in Friday with her family in the audience. Herewith, a first look at the socks her husband, Dr. Patrick Jackson, wore to court : first reported (but not pictured!) by @scotusreporter 😀
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SCOTUS

#738

Post by AndyinPA »

:biggrin:

I like his sense of humor!
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SCOTUS

#739

Post by raison de arizona »

Mark Joseph Stern @mjs_DC wrote: Justice Ketanji Brown Jackson’s first questions from the bench, grilling a lawyer trying to gut the Clean Water Act. When he says a provision of the law is “unenlightening,” KBJ responds dryly: “Let me try to bring some enlightenment to it.”

Justice Jackson continues to grill Damien Schiff, the lawyer taking aim at the Clean Water Act, asking pointedly: “Why is it that your conception of this does not relate in any way to Congress’ primary objective?” Then she and Justice Sotomayor tag-team a follow-up.
“Remember, democracy never lasts long. It soon wastes, exhausts, and murders itself. There never was a democracy yet that did not commit suicide.” —John Adams
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SCOTUS

#740

Post by Tiredretiredlawyer »

You go, girl!!! :lovestruck:
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SCOTUS

#741

Post by Gregg »

Sadly, it won't matter. The Founding Slave Holding Elitist White Men Fathers didn't put the Environmental Protection Act in the Constitution, so that makes it Unconstitutional. We need toxic air and water, for Freedumb!
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SCOTUS

#742

Post by RTH10260 »

Supreme Court declines to consider overturning racist 'Insular Cases'

Stefani Reynolds Lawrence Hurley
Mon, October 17, 2022 at 5:37 PM·

The Supreme Court declined Monday to consider whether American Samoans have full U.S. citizenship at birth, a dispute that would have given the justices the opportunity to repudiate past rulings suffused with racist language that helped determine that people in U.S. territories would not have the same rights as other Americans.

A group of American Samoans challenging the current law, under which people from the group of islands in the Pacific Ocean are considered U.S. “nationals” at birth but not citizens, say it is a vestige of racist policies toward territories. They say the Justice Department, in defending the law, and an appeals court, in upholding it, relied upon the so-called Insular Cases, a series of long-criticized early 20th century Supreme Court rulings. The Supreme Court’s decision not to hear the case means the lower court ruling remains in place.

The challenge was brought by three American Samoans who live in Utah, John Fitisemanu, Pale Tuli and Rosavita Tuli, as well as the Southern Utah Pacific Island Coalition, an advocacy group.

“The subordinate, inferior non-citizen National status relegates American Samoans to second-class participation in the Republic," the challengers’ lawyers say in court papers. They note, for example, that U.S. nationals cannot run for president or serve in Congress. If they live in a state, they cannot vote and are barred from certain occupations.

U.S. nationals can live and work anywhere within the U.S. and travel under U.S. passports, although the challengers’ lawyers note that their passports include a statement saying “NOT A UNITED STATES CITIZEN,” which they say carries a stigma. U.S. nationals can apply for full U.S. citizenship through an expedited process.



https://www.yahoo.com/news/supreme-cour ... 05128.html
(original ABC News)
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SCOTUS

#743

Post by bob »

Supreme Court declines to consider overturning racist 'Insular Cases'
The underlying case, Fitisemanu v. United States, has occasionally come up in birther-related discussions, as it discusses at length Wong Kim Ark.

Birthers should have paid more attention to this case because the 10th Circuit said terms in the U.S. Constitution should be read in light of the common law. The court emphasized "in light of" to mean that English common law was only persuasive -- and not binding -- authority. Meaning non-common-law sources (e.g., Vattel) also are possibly persuasive authorities. :towel:

This case itself, while interesting, doesn't seem like a particularly good case to strike down the Insular Cases because the government of American Samoa prefers that its people are nationals -- and not citizens -- of the United States.
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SCOTUS

#744

Post by Volkonski »

“If everyone fought for their own convictions there would be no war.” ― Leo Tolstoy, War and Peace
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SCOTUS

#745

Post by Fiascoist »

Gee, I was walking in front of the Supreme Court when one of the incidences was occurring. Lots of capital police and undercover type dudes closing off sidewalks, etc. Then not 10 minutes later we see a pickup truck with trailer, two white flags (what I would call surrender flags) and a weird looking flag in the back. I now wonder if the people in this truck were part of this craziness.
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SCOTUS

#746

Post by humblescribe »

Yesterday it was reported that when Alito spoke with Teddy Kennedy concerning his nomination to the Supreme Court in 2005, he flat out agreed that a right to privacy was "settled law." He cited the Fifth and Fourteenth Amendments. He even went so far as to say that he does not let his personal views color his legal writings as a judge.

https://www.cnn.com/2022/10/25/politics ... index.html

Fast forward sixteen years. He changes course to support his personal beliefs.

Then he has the temerity to be astonished that the public does not have much confidence in the Supreme Court. Are we watching the same movie, Sam? You are not ignorant. You are not naive. You've experienced a lifetime of argument and spin from both sides of the bar.

So, which is the truth? Were you lying to Senator Kennedy, or are you lying now? :cussing:
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#747

Post by AndyinPA »

Senator Kennedy did not vote to confirm Alito.
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SCOTUS

#748

Post by Ben-Prime »

AndyinPA wrote: Wed Oct 26, 2022 8:59 pm Senator Kennedy did not vote to confirm Alito.
Because Senator Kennedy noted that he felt Alito's explanations were too pat and revealed a lack of character in which Alito would say whatever he needed to say to elevate or maintain his job prospects.
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SCOTUS

#749

Post by Dave from down under »

Senator Kennedy was correct
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SCOTUS

#750

Post by raison de arizona »

I dunno, feels unethical.
Clarence Thomas had lunch with Ron DeSantis one day before abortion rights struck down: emails

U.S. Supreme Court justice Clarence Thomas joined Florida Gov. Ron DeSantis for lunch over the summer, according to newly obtained emails.

The messages, which were obtained by American Oversight under the state's open records law, show Thomas' assistant coordinating details of the June 23, 2021, lunch at the Supreme Court with four of the justice's clerks, which adds new details to their relationship.

A previous batch of emails obtained by the government watchdog that included correspondence from Ginni Thomas suggested the justice had been in touch with DeSantis around that same time, and the new messages show they met for lunch the day before the Dobbs v. Jackson ruling that overturned abortion rights.

The justice's assistant Shean Kelly Makel reached out to DeSantis' office on April 8 to share the biographies of four Thomas clerks for the governor to review for possible jobs, and they made plans on May 20 for the lunch, although it's not clear what they discussed there.
:snippity:
https://www.rawstory.com/clarence-thomas-ron-desantis/
source emails: https://www.americanoversight.org/docum ... ecourt-gov
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