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US Supreme Court OT 2018

Discussion in 'General Discussion' started by Comm2A, Jan 10, 2019.

  1. Dennis in MA

    Dennis in MA NES Member

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    If the moot-boot wasn't good enough for Roe vs. Wade almost 50 years ago, it isn't good enough here.
     
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  2. Knuckle Dragger

    Knuckle Dragger NES Member

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    Found a new one: Lopez v. Mass.

    Question Presented:
    History:
    • 4/30/2019 - Massachusetts waives right to respond to petition
    • 5/08/2019 - Distributed for conference on 5/23/2019
    • 5/09/2019 - Response requested - Due 6/10/2019
    Clearly someone on the court wants to see how Massachusetts plans to defend burden shifting. At the least we may see a dissent from denial of cert that takes Massachusetts to task for burden shifting.
     
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  3. Palladin

    Palladin NES Member

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    Nice writeup.
     
  4. Knuckle Dragger

    Knuckle Dragger NES Member

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    Yesterday SCOTUS upheld (7-2, Gorsuch & Ginsburg in dissent) the 'separate sovereigns' exception to the Constitution's double jeopardy prohibition prohibition. Basically, federal and state governments can continue to try you for the same offense. A not guilty verdict in one court does not prevent the other government from trying you again in their court.

    SCOTUSBlog
    Decision
     
  5. xtry51

    xtry51 NES Member

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    That's some bullshit
     
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  6. wiryone1

    wiryone1

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    Why would a court decide against itself and limit power? Power of the courts first, constitutional consideration second. The circus of “justice”.
     
  7. amm5061

    amm5061 NES Member

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    Kinda surprised RGB dissented on this one, but not surprised by the outcome.
     
  8. VetteGirlMA

    VetteGirlMA NES Member

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    There seem to be a lot of interesting split decisions coming from scotus lately. So much for the partisan voting. At least there is hope that the court may be honest.
     
  9. jpk

    jpk

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    If the court was "Honest" it would stick to the constitution as written.....so far there's very little if any of that.......
     
  10. Drix

    Drix

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    Except when it comes to that bonded warehouse guy, f*** him in particular.
     
  11. Boston4567

    Boston4567 NES Member

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    Interesting. The court's ruling is mostly respecting stare decisis. Thomas has an originalist concurrence in which he explicitly rejects stare decisis as a justification for the ruling. Gorsuch has a textualist dissent in which he resolves an issue that could have plausibly gone either way in favor of individual liberty. Ginsburg's dissent is 100% about her the outcome being "unfair" rather than making any reasonable interpretation of any law or constitutional provision.
     
  12. KBCraig

    KBCraig NES Member

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    But, Thomas still sided with the majority, which is based on stare decisis and nothing more.
     
  13. boatman

    boatman

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    The analogy he used was that if you committed a crime in a different country, you could be tried in the US and the other country. He said both the feds and states have their own sovereignty (from the FF), hence you should be able to be tried in both places.
     
  14. Dench

    Dench

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    The foreign court example is very odd to me and a huge stretch. I'm really straining to think of people who have slipped through some limp wristed foreign court and then flaunted around the world a free man with the guilt of OJ Simpson. Typically the people who bypass a fair trail to punish them for unspeakable acts have some sort of sweatheart deal with name the Western Intelligence Agency of your choice and are free men due to necessity for reasons. Which isn't exactly a great thing either with few exceptions.

    This is out of my wheelhouse legal wise but it seems like a BS decision that only serves to benefit some draconian agendas. If you can't get someone in the 1st court, keep trying in a court with a separate bureaucratic jurisdiction? What? What am I missing here?
     
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  15. Boston4567

    Boston4567 NES Member

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    Thomas's concurrence was based on originalism. His point was that there is no evidence that at the time the Constitution was written, it restrained the prosecution of a single discrete act by both the feds and the states. So if Congress had passed a law in 1795 that overlapped with a state law, and both prosecuted, no one would have questioned that that was allowed. The balance of state/federal power was much different at the time.

    I'd characterize that as a stretch, into the realm of what's recently been described as "ahistorical literalism". I think originalism is generally good, but only if supported by evidence. If you can't muster decent evidence to support a particular originalist view, then the default should be strict constructionist textualism. I think Gorsuch's textualist view is most plausible.
     
  16. KBCraig

    KBCraig NES Member

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    Under true originalism, federal prosecutions would be limited to treason and piracy. Under the Constitution, there is no authority for 99.9% of federal laws.
     
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