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Scotus

Aardvark86

HR Heisman
Jan 23, 2018
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1. Opinion day tomorrow!! Whatcha got coming?
2. Sounds like the internet survived todays argument, though congress probably needs to address 230 to address curation.
 
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1. I will continue with my streak of not calling any of these right.

Jones v. Hendrix on whether habeas can be granted to someone convicted of a "crime" for conduct that does not meet all the elements of the crime, or Mallory v. Norfolk Sothern, whether a state can require a corporation to consent to jurisdiction to do business in the state.

2. 230 survived imo today. Thursday?
 
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Help settle a question that I had for my wife last night, both of us being poorly-trained attorneys

Let's say I get that one in a million case that winds its way to SCOTUS, likely over something where I'm being petulant with an HOA and representing myself, and I'm more interested in dicking around with the Court than I am with SCOTUS' theatre. Can I show up to SCOTUS and motion for a continuance? Would they have to form a consensus or would that be Roberts' decision?
 
Help settle a question that I had for my wife last night, both of us being poorly-trained attorneys

Let's say I get that one in a million case that winds its way to SCOTUS, likely over something where I'm being petulant with an HOA and representing myself, and I'm more interested in dicking around with the Court than I am with SCOTUS' theatre. Can I show up to SCOTUS and motion for a continuance? Would they have to form a consensus or would that be Roberts' decision?
You could, if the following week you wanted to be on the list of scotus disbarment orders.
 
1. I will continue with my streak of not calling any of these right.

Jones v. Hendrix on whether habeas can be granted to someone convicted of a "crime" for conduct that does not meet all the elements of the crime, or Mallory v. Norfolk Sothern, whether a state can require a corporation to consent to jurisdiction to do business in the state.

2. 230 survived imo today. Thursday?
Thankfully SCOTUS is moving away from rigid minimum contacts analysis Ford essentially told large manufacturers that it’s going to be hard to win on a due process. What kills me is that we still don’t have a requirement of consent jurisdiction and a minimum amount of insurance for foreign companies doing business or selling products in the US.
 
What are the main ones up?
Solid guesses by at Louis. I’ll also bet you get a formal dismissal or dig of the title 42 case, with a dissent.

Beyond that:

Unlikely: epa case, Harvard, pork, redistricting, Warhol, ftc

Possible : McDonough va, Delaware original jurisdiction escheat case, flsa case

Sleeper: health and hospitals
 
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Solid guesses by at Louis. I’ll also bet you get a formal dismissal or dig of the title 42 case, with a dissent.

Beyond that:

Unlikely: epa case, Harvard, pork, redistricting, Warhol, ftc

Possible : McDonough va, Delaware original jurisdiction escheat case, flsa case

Sleeper: health and hospitals
Boo, the good ones (CA Pork, AA, and EPA) will need to wait.
 
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Jurisprudence should not include your personal politics or agenda.

Additionally, they can't keep saying it is Congress' job, when Congress is completely dysfunctional. When Congress is dysfunctional and POTUS does executive acts and then gets overturned by SCOTUS, we truly can't govern.
As to the latter, the inability of congress to act does not in any way make something less their job, or more within the executive’s rights.

As to the former, one’s jurisprudential approach is very much a personal matter, whether they be a textualist or a living constitutionalist.
 
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Jurisprudence should not include your personal politics or agenda.

Additionally, they can't keep saying it is Congress' job, when Congress is completely dysfunctional. When Congress is dysfunctional and POTUS does executive acts and then gets overturned by SCOTUS, we truly can't govern.
However, this seems to be more and more the case especially with MAGAts in Congress. Seemingly, the Republican /MAGAts agenda seems to be centered on “scab picking” as opposed to sitting down and legislating solutions....see immigration policy, see ObamaCare, see debt ceiling....
Sotomayer delivered the message yesterday, stating the SC knows NOTHING about the internet....and it would be preferable that Congress pass rules as opposed to requesting the SC write the rules.
It is amazing how impotent the legislative branch has become because of both party’s agenda driven politics. But what is more amazing (to me) is “we the people” seem to be satisfied with this arrangement.
 
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However, this seems to be more and more the case especially with MAGAts in Congress. Seemingly, the Republican /MAGAts agenda seems to be centered on “scab picking” as opposed to sitting down and legislating solutions....see immigration policy, see ObamaCare, see debt ceiling....
Sotomayer delivered the message yesterday, stating the SC knows NOTHING about the internet....and it would be preferable that Congress pass rules as opposed to requesting the SC write the rules.
It is amazing how impotent the legislative branch has become because of both party’s agenda driven politics. But what is more amazing (to me) is “we the people” seem to be satisfied with this arrangement.
Both parties spend/waste an inordinate amount of time picking scabs.

Big picture, a reason I like this court is their jurisprudence and decisions trend toward insisting that the politically accountable branches make the choices, and that congress as the most politically accountable branch must take the first crack at it
 
Jurisprudence should not include your personal politics or agenda.

Additionally, they can't keep saying it is Congress' job, when Congress is completely dysfunctional. When Congress is dysfunctional and POTUS does executive acts and then gets overturned by SCOTUS, we truly can't govern.
While I agree with you on the dysfunction of Congress, that’s the basis of the Constitution, no? (I don’t know anything about these particular cases, just commenting generally)
 
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Both parties spend/waste an inordinate amount of time picking scabs.

Big picture, a reason I like this court is their jurisprudence and decisions trend toward insisting that the politically accountable branches make the choices, and that congress as the most politically accountable branch must take the first crack at it
So after ruling that wealthy corporations can rain as much influence on lawmakers as they want, the court is now deferring to those same lawmakers.
 
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While I agree with you on the dysfunction of Congress, that’s the basis of the Constitution, no? (I don’t know anything about these particular cases, just commenting generally)
You know, this is a frequent criticism that Joe Biden has for Congress, too. Altho Joe’s criticisms are directed more at the opposition party, his words resonate with me. Shit doesn’t get done in Congress and for the most part there are 20-30 Congressmen that are responsible for this “nothingness.” And there are 530+ members of Congress.
Congress needs to step up to the plate and become accountable and quit running for re-election 24/7/365.
 
Congress needs to step up to the plate and become accountable and quit running for re-election 24/7/365.
See my post above. Citizens United made an already poorly-functioning legislative body exponentially worse. And now SCOTUS just washes their hands and says that our problems need to be solved by the same instrument that they themselves damaged.
 
While I agree with you on the dysfunction of Congress, that’s the basis of the Constitution, no? (I don’t know anything about these particular cases, just commenting generally)
Rocky, I'm not sure i understand your question. but if you are suggesting that Congress is supposed to act "deliberately", you are correct sir.
 
So after ruling that wealthy corporations can rain as much influence on lawmakers as they want, the court is now deferring to those same lawmakers.
As can wealthy individuals, and poor ones. All points of view have plenty of champions. Oh, and by the way, wealthy corporations are generally smart enough to spread their largess on an equal opportunity basis.
 
Rocky, I'm not sure i understand your question. but if you are suggesting that Congress is supposed to act "deliberately", you are correct sir.
Just a rhetorical question. My point is the court seems to increasingly be saying stay in your lane. Which (to me) is the basis of the sep of powers set forth in the Constitution. And a failure of Congress to act doesn’t give the exec branch carte blanche to step in and do so.
 
Jurisprudence should not include your personal politics or agenda.

Additionally, they can't keep saying it is Congress' job, when Congress is completely dysfunctional. When Congress is dysfunctional and POTUS does executive acts and then gets overturned by SCOTUS, we truly can't govern.
So your solution is to have the SCOTUS over step it's constitutional authority or permit POTUS to overstep his constitutional authority rather than actually fix the problem with the branch of government who is dysfunctional, it that correct? Sorry that is not the solution. Both parties in congress need to learn to work together and compromise and stop trying to stick to the other team at the peril of the entire country.
 
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So your solution is to have the SCOTUS over step it's constitutional authority or permit POTUS to overstep his constitutional authority rather than actually fix the problem with the branch of government who is dysfunctional, it that correct? Sorry that is not the solution. Both parties in congress need to learn to work together and compromise and stop trying to stick to the other team at the peril of the entire country.
Abby….the Constitution is NOT a black and white document and is an ever evolving document. Now I know that sticks in your craw but that’s the way it is. The Court has mostly in the past worked to keep the ship of state between the rails…no document written 200+ years ago can be literally, word for word interpreted. Bob Dylan was never a SC justice but his advice that the times are changing , is advise we all should live with.
The Citizens United verdict is the worst SC decidion of my lifetime and needs to be reversed/struck down. It was created by 5 dimwits.
 
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As to the latter, the inability of congress to act does not in any way make something less their job, or more within the executive.
It's not SCOTUS job to govern, either. IMHO, SCOTUS is doing the right thing by continuing to put everything back on Congress as much as possible. Congress has too long pushed their job on the executive departments.
 
It's not SCOTUS job to govern, either. IMHO, SCOTUS is doing the right thing by continuing to put everything back on Congress as much as possible. Congress has too long pushed their job on the executive departments.
Interest you say this now in this context. When Joe Biden doesthis (chooses to make Congress accountable) you and yours criticize Joe for his “lack of leadership”...
 
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