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Had it up to HERE with this [SCOTUS], Thread

silence1186silence1186 Character shields down!As a wingmanRegistered User regular
All rise, the new SCOTUS thread is back in session. It was an eventful almost 3 years 13 months, which saw the long dreaded overturning of Roe v. Wade, the longstanding desire of the conservative movement they spent almost 50 years attempting to turn back, as far back as the initial ruling in 1973.

A few ground rules, as previously noted:
Expectations for this thread

1. This is not the general politics or lol this party sucks thread.
2. This is a thread about the US Supreme Court, if it doesn't have anything to do with SCOTUS, it doesn't belong here.
3. Not all things about SCOTUS belong here. Some cases dealing with certain issues, already have a thread or their own gosh darn separate thread that is more appropriate to discuss a certain SCOTUS rulings or cases.
4. In the event that a tangent regarding something involving SCOTUS has it's own thread created after the discussion starts in this thread, then move the discussion over to the new thread. (Also appreciated if people link to the new thread to help others out).
5. In the event that we get a SCOTUS vacancy in the lifetime of this thread, this would probably be the best place to discuss such an appointment given how low traffic this thread is likely to be. (leaving this for posterity and lols - SIG)
5a. Gorsuch, Kavanaugh, and Barrett are seated. My feelings on the matter can be found here. I don't know if there's much ground for meaningful discussion in screaming into the void at the injustice of it all, or having the same multi-page arguments with the few posters who do approve of the Federalist Society Robots. Probably for the best to stick to just the facts, and discuss new things going forward.

scotusblog.com is the go to place for things relevant to what's going on.

The most high profile ruling lately was SCOTUS formally overturning Roe v. Wade after 50 years in the Dobbs decision. We actually had a separate discussion thread just for this ruling here. We also have a general thread to discuss Abortion here. Much digital ink has been spilled on the subject and I'm not remotely qualified to explain the nuances, so let me just say that the ruling was a massive judicial overreach by a group of partisan hack justices with no basis in jurisprudence that is going to cause widespread death and suffering in intentionally cruel ways for literally no benefit tangible or otherwise.

The other big news was the retirement of Stephen Breyer, who was replaced by Ketanji Brown Jackson, the first Black woman justice.

The court has a legitimacy problem. Feeling empowered and unassailable, the conservatives wing of the court is writing baseless rulings to explicitly push culture war issues and enable their own party's behavior. For the first time, less than half of the country has a great deal or a fair amount of trust in the judicial branch of the US government headed by the Supreme Court.

In case you've never heard of the Shadow Docket, which sounds spooky like something out of Yugioh, I've left the explanation I tagged last thread. Briefly: Shadow Docket explained.

Last thread. Not sure I have the energy to pun the title of a thread that is increasingly dire to read, but I'm always accepting suggestions.

I know it's infuriating at times, but there's a lot of high effort in the weeds discussion in here, so I hope it can continue.

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  • GnizmoGnizmo Registered User regular
    To continue hopefully briefly from last thread:
    MorganV wrote: »
    Gnizmo wrote: »
    MorganV wrote: »
    Gnizmo wrote: »
    Because...? Their majority isn't likely to grow for the next couple of years at least. I can't think of a reason why it would suddenly change. They were pretty fully mask off last term.

    I was assuming that the timeframe for that "one third" was pretty long/wide, going back to before the Trump appointments and sharp shift. I don't see the liberals getting many (or any) majorities going forward.

    Yeah, less that they won't necessarily be on the right side of things (though that's also something), and more that they need at least two conservative justices on board to get a majority, and so there'll be someone who can write the majority opinion in a manner that weakens it's usage for liberal goals/strengthens it's usage for conservative ones.

    They're free to write concurrences, but I'm pretty sure that won't have the full strength of a majority opinion.

    Which has already proven to be inaccurate. This is really weird. Last term they wrote about a third of the majority opinions from the statistics I am seeing. They are up on SCOTUSBlog if anyone is curious. Roberts I think is the one who assigns authors for majority opinions and the instutional inertia there is to divide it fairly evenly.

    I think people are also under estimating how often the justices are on the same side. They have broad agreement on a lot of stuff. The culture war stuff is not a huge portion of their case load. It is just the stuff that impacts the most people so we hear about it the most.

    I guess you're right in a technical sense (the best kind of correct), but I do think context matters too. Being the one writing on a 9-0 decision that only rose that high because a lower court was incompetent, vs writing a ruling on a landmark case that'll clearly have repercussions, is pretty important.

    It's primetime vs pre-dawn television. They're both running for a four hour block, but they don't have the same impact or notice.

    I absolutely agree which is why I tried to flag it in my post. I normally wouldn't bring it up either. The whole line started because there is a fear that the liberal justices will be functionally silenced forevermore at some point. It is important in those moments of real fear to look at the technical stuff to see if those fears are rooted in fact or feeling. We are in an extremely shitty place with this court, and it doesn't look to be getting better soon. I don't think we are close to a space where the liberal justices are just window dressing for the majority of the work though, and have tried to back that up with data.

  • TaramoorTaramoor Storyteller Registered User regular
  • monikermoniker Registered User regular
    As we all know, racism has been solved since at least 2013...

  • Stabbity StyleStabbity Style He/Him | Warning: Mothership Reporting Kennewick, WARegistered User regular
    moniker wrote: »
    As we all know, racism has been solved since at least 2013...

    2008. Black president, American can't be racist.

    Stabbity_Style.png
  • Undead ScottsmanUndead Scottsman Cybertronian Paranormal Eliminator Registered User regular
    moniker wrote: »
    As we all know, racism has been solved since at least 2013...

    2008. Black president, American can't be racist.

    You mean the only President in living history to have his status as an american-borne citizen questioned, because "reasons."

  • Stabbity StyleStabbity Style He/Him | Warning: Mothership Reporting Kennewick, WARegistered User regular
    moniker wrote: »
    As we all know, racism has been solved since at least 2013...

    2008. Black president, American can't be racist.

    You mean the only President in living history to have his status as an american-borne citizen questioned, because "reasons."

    Yep! He got voted in as president, so American can't be racist. Even though only like 23% of the country actually voted for him (69,498,516 votes vs 304,100,000 total population), he got voted in, so racism has been solved.

    Stabbity_Style.png
  • GoumindongGoumindong Registered User regular
    (SCOTUS) The framers of the 14th could never have imagined active pressure to correct injustice…

    (Narrator) the framers absolutely imagined active measures to correct injustice.

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  • enlightenedbumenlightenedbum Registered User regular
    Not that it matters, but it will be another case of originalism being comical bullshit.

    The idea that your vote is a moral statement about you or who you vote for is some backwards ass libertarian nonsense. Your vote is about society. Vote to protect the vulnerable.
  • shrykeshryke Member of the Beast Registered User regular
    Thomas is kind of a black separatist from some stuff on people who've studied his career. (Or at least used to be. Even the biographer I heard talking about him recently was completely unable to explain wtf was going on with him and his wife.) Basically believes that equality under the same system is impossible and sees attempts by the dominant white culture to give black people aid as paternalism. Needless to say he fucking hates affirmative action. Like really really hates it.

  • Martini_PhilosopherMartini_Philosopher Registered User regular
    shryke wrote: »
    Thomas is kind of a black separatist from some stuff on people who've studied his career. (Or at least used to be. Even the biographer I heard talking about him recently was completely unable to explain wtf was going on with him and his wife.) Basically believes that equality under the same system is impossible and sees attempts by the dominant white culture to give black people aid as paternalism. Needless to say he fucking hates affirmative action. Like really really hates it.

    He's all that and deep into Respectability Politics territory. Seems to believe in having to "earn" one's spot in society. Which is exactly the opposite of what the law says is the case.

    All opinions are my own and in no way reflect that of my employer.
  • Styrofoam SammichStyrofoam Sammich WANT. normal (not weird)Registered User regular
    You'll all be shocked to learn that the legal team arguing against affirmative action said that legacy admittance was different during oral argument.

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  • FencingsaxFencingsax It is difficult to get a man to understand, when his salary depends upon his not understanding GNU Terry PratchettRegistered User regular
    You'll all be shocked to learn that the legal team arguing against affirmative action said that legacy admittance was different during oral argument.

    Stunning. Completely unexpected.

  • LilnoobsLilnoobs Alpha Queue Registered User regular
    I will be surprised if AA isnt gutted after this, Thomas has been waiting for this moment his entire SCOTUS career.

  • TetraNitroCubaneTetraNitroCubane Not Angry... Just VERY Disappointed...Registered User regular
    Supreme Court temporarily blocks Congress from getting Trump income tax returns
    Supreme Court Chief Justice John Roberts on Tuesday temporarily blocked the House Ways and Means Committee from obtaining years of federal income tax returns of former President Donald Trump and related business entities from the IRS.

    Roberts’ order came a day after Trump’s lawyers filed an emergency application with the Supreme Court requesting the delay, and two days before the IRS was set to give the committee the Republican’s tax returns.

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  • hlprmnkyhlprmnky Registered User regular
    “Please, Your Honor, it’s an emergency - if any of those documents reach the eyes of the public my client will go to jail forever!”

    _
    Your Ad Here! Reasonable Rates!
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  • Jealous DevaJealous Deva Registered User regular
    edited November 2022
    Yeah the whole right’s strategy is based on the principle that if you can draw something out long enough in procedure you or someone friendly will come back into power and stop the prosecution.

    The Netanyahu maneuver.

    Jealous Deva on
  • monikermoniker Registered User regular
    Yeah the whole right’s strategy is based on the principle that if you can draw something out long enough in procedure you or someone friendly will come back into power and stop the prosecution.

    The Netanyahu maneuver.

    Justice delayed is justice denied.

  • Undead ScottsmanUndead Scottsman Cybertronian Paranormal Eliminator Registered User regular
    edited November 2022
    Hey, so you know how the 2014 Hobby Lobby decision leaked to the press?

    There's now allegations it was Alito. Cue my shocked face.
    A former evangelical activist claimed in a letter to the Chief Justice of the United States that he knew about the outcome of a 2014 Supreme Court decision involving contraception and the Affordable Care Act by the court prior to the formal announcement, according to The New York Times.

    Rev. Rob Schenck wrote in the letter this summer to Chief Justice John Roberts, which was originally obtained by the Times, that he was informed by a wealthy political donor, Gayle Wright, about the verdict of the ruling prior to it coming out.

    According to the letter dated in June of this year but not sent until the following month, Wright had dinner with Justice Samuel Alito and his wife and spoke of the upcoming ruling at the time.

    “She suggested that in their table conversation, she might be able to learn the status of the case, something she knew I had an interest in knowing. I received a follow-up message from her notifying me she has indeed obtained the information during that visit. We spoke on the phone, and she detailed the revelation,” Schenck wrote, according to the Times.

    A source close to Schenck confirmed the letter to CNN.

    “Mr. Schenck confirms the extensive details and facts he provided regarding these events.” the source told CNN.

    https://www.cnn.com/2022/11/19/politics/2014-supreme-court-decision-leak-hobby-lobby-samuel-alito

    Undead Scottsman on
  • HefflingHeffling No Pic EverRegistered User regular
    Good, leak more SCOTUS stuff please. SCOTUS actions need to stop happening behind closed doors.

  • spool32spool32 Contrary Library Registered User, Transition Team regular
    shryke wrote: »
    Thomas is kind of a black separatist from some stuff on people who've studied his career. (Or at least used to be. Even the biographer I heard talking about him recently was completely unable to explain wtf was going on with him and his wife.) Basically believes that equality under the same system is impossible and sees attempts by the dominant white culture to give black people aid as paternalism. Needless to say he fucking hates affirmative action. Like really really hates it.

    Being Gullah and learning that creole as his first language has dramatically shaped his vision on race.

  • Martini_PhilosopherMartini_Philosopher Registered User regular
    edited November 2022
    In a move which surprises absolutely nobody, the Supreme Court finds that Justice Alito violated no ethical standards.

    From Andrew Chung, longtime SCOTUS reporter and Pulitzer Prize winner:
    The U.S. Supreme Court responds to letter from Sen. Sheldon Whitehouse following recent NYT report about claim that another major ruling had been leaked back in 2014. "There is nothing to suggest that Justice Alito's actions violatd ethical standards."

    Which illustrates why not having ethical standards for the Justices continues to be a bad thing and that there really should be something done about that.

    ed:goddammed quotes

    Martini_Philosopher on
    All opinions are my own and in no way reflect that of my employer.
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  • DarkPrimusDarkPrimus Registered User regular
    Lawmakers have just added a provision to the National Defense Authorization Act protecting Supreme Court spouses from having to reveal any outside employer, in the name of security. If it passes, Ginni Thomas’s professional entanglements would effectively be state secrets.

    Folks, is it in the name of security to shield from public scrutiny the professional entanglements of the spouses of the some of the most powerful unelected officials in the country?

  • jungleroomxjungleroomx It's never too many graves, it's always not enough shovels Registered User regular
    edited December 2022
    Which lawmakers added it?

    Edit: To clarify, I'm frustrated with the Tweet and not DP

    jungleroomx on
  • DarkPrimusDarkPrimus Registered User regular
    Which lawmakers added it?

    Edit: To clarify, I'm frustrated with the Tweet and not DP

    I'm guessing it's probably a little provision included in these judicial privacy measures which comes from the good intensions to increase protections for federal judges.
    Backers of the judicial privacy measure — named for Daniel Anderl, who was killed in an attack at the New Jersey home of his mother, federal Judge Esther Salas — praised its addition to the final, bicameral fiscal 2023 National Defense Authorization Act.
    ...
    Sen. Cory Booker, D-N.J., a member of the committee and one of the bill’s sponsors, praised its inclusion in the defense bill.

    “No judge in America should have to fear for their life and the safety of their family as they work to deliver equal justice under the law,” Booker said Wednesday.

    Anderl was killed in a 2020 attack at his mother’s home and spurred a two-year campaign to increase judicial security amid rising threats to members of the judiciary. Last year the Senate Judiciary Committee voted 21-0 to send the bill to the Senate floor.

  • archivistkitsunearchivistkitsune Registered User regular
    Fuck Booker for adding that. We need more transparency in regards to conflicts of interest not less and we sure as fuck do not to add new ways to hide the corruption of SCOTUS that is damaging this country,

  • jungleroomxjungleroomx It's never too many graves, it's always not enough shovels Registered User regular
    DarkPrimus wrote: »
    Which lawmakers added it?

    Edit: To clarify, I'm frustrated with the Tweet and not DP

    I'm guessing it's probably a little provision included in these judicial privacy measures which comes from the good intensions to increase protections for federal judges.
    Backers of the judicial privacy measure — named for Daniel Anderl, who was killed in an attack at the New Jersey home of his mother, federal Judge Esther Salas — praised its addition to the final, bicameral fiscal 2023 National Defense Authorization Act.
    ...
    Sen. Cory Booker, D-N.J., a member of the committee and one of the bill’s sponsors, praised its inclusion in the defense bill.

    “No judge in America should have to fear for their life and the safety of their family as they work to deliver equal justice under the law,” Booker said Wednesday.

    Anderl was killed in a 2020 attack at his mother’s home and spurred a two-year campaign to increase judicial security amid rising threats to members of the judiciary. Last year the Senate Judiciary Committee voted 21-0 to send the bill to the Senate floor.

    Definitely mixed on this.

    I don't see anything for family members in the language here but I'm not discounting it either, and tbh I'm not gonna scour the NDAA text.

  • DarkPrimusDarkPrimus Registered User regular
    edited December 2022
    If I'd had more details to share I would have shared them, but I trust Jane Mayer, who has literally written a book called Dark Money: The Hidden History of the Billionaires Behind the Rise of the Radical Right, to be abreast of these sorts of things.

    EDIT: She's retweeted this, which has an image that breaks it all down:
    demandprogress is urging members of the House to vote NO on the #NDAA because of a Trojan horse "Judicial Security" bill that's really internet censorship for info about federal judges.
    ul6dg3szz13c.png

    DarkPrimus on
  • jungleroomxjungleroomx It's never too many graves, it's always not enough shovels Registered User regular
    DarkPrimus wrote: »
    If I'd had more details to share I would have shared them, but I trust Jane Mayer, who has literally written a book called Dark Money: The Hidden History of the Billionaires Behind the Rise of the Radical Right, to be abreast of these sorts of things.

    Yeah, but is the provision a poison pill add-in for the judicial protection that was previously put in? Do we know the lawmakers?

    I trust it's happening because it sounds like absolute fuckery, but I need to know who is supposed to get my ire. I'll write any damn senator who is proposing Ginny Davis Protection Policies.

  • jungleroomxjungleroomx It's never too many graves, it's always not enough shovels Registered User regular
    edited December 2022
    Edit: Thanks for the clarifications DP, I found the bill they slipped into the NDAA.

    Here's the actual text

    https://www.congress.gov/bill/117th-congress/senate-bill/2340/text

    Yeah, it's time to call up some Democrats and put the fucking armbar on them. This is absolute horseshit.

    jungleroomx on
  • shrykeshryke Member of the Beast Registered User regular
    Was this intended as a sneaky move or is this just the unintended consequences of a well-meaning policy?

  • jungleroomxjungleroomx It's never too many graves, it's always not enough shovels Registered User regular
    edited December 2022
    shryke wrote: »
    Was this intended as a sneaky move or is this just the unintended consequences of a well-meaning policy?

    The bill explicitly mentions removing any public protests as a consequence for a judges actions.
    Such threats have included calling a judge a traitor with references to mass shootings and serial killings, calling for an “angry mob” to gather outside a home of a judge

    Oh noes someone called a judge a traitor we can't fucking have that

    jungleroomx on
  • AngelHedgieAngelHedgie Registered User regular
    shryke wrote: »
    Was this intended as a sneaky move or is this just the unintended consequences of a well-meaning policy?

    The bill explicitly mentions removing any public protests as a consequence for a judges actions.
    Such threats have included calling a judge a traitor with references to mass shootings and serial killings, calling for an “angry mob” to gather outside a home of a judge

    Oh noes someone called a judge a traitor we can't fucking have that

    Welcome to the ramifications of our culture of judicial inviolbility.

    XBL: Nox Aeternum / PSN: NoxAeternum / NN:NoxAeternum / Steam: noxaeternum
  • monikermoniker Registered User regular
    shryke wrote: »
    Was this intended as a sneaky move or is this just the unintended consequences of a well-meaning policy?

    The bill explicitly mentions removing any public protests as a consequence for a judges actions.
    Such threats have included calling a judge a traitor with references to mass shootings and serial killings, calling for an “angry mob” to gather outside a home of a judge

    Oh noes someone called a judge a traitor we can't fucking have that

    Called them a traitor and also for their explicit murder.

  • jungleroomxjungleroomx It's never too many graves, it's always not enough shovels Registered User regular
    edited December 2022
    moniker wrote: »
    shryke wrote: »
    Was this intended as a sneaky move or is this just the unintended consequences of a well-meaning policy?

    The bill explicitly mentions removing any public protests as a consequence for a judges actions.
    Such threats have included calling a judge a traitor with references to mass shootings and serial killings, calling for an “angry mob” to gather outside a home of a judge

    Oh noes someone called a judge a traitor we can't fucking have that

    Called them a traitor and also for their explicit murder.

    I guess living like any LGBTQ person in America for 1 day was too much for them.

    This of course does not address why we have democrats suddenly lining up to knowingly protect Ginny Thomas.

    jungleroomx on
  • Undead ScottsmanUndead Scottsman Cybertronian Paranormal Eliminator Registered User regular
    moniker wrote: »
    shryke wrote: »
    Was this intended as a sneaky move or is this just the unintended consequences of a well-meaning policy?

    The bill explicitly mentions removing any public protests as a consequence for a judges actions.
    Such threats have included calling a judge a traitor with references to mass shootings and serial killings, calling for an “angry mob” to gather outside a home of a judge

    Oh noes someone called a judge a traitor we can't fucking have that

    Called them a traitor and also for their explicit murder.

    Thats basically any US politican at this point and we already have mechanisms for dealing with that stuff; why do judges need more protection now?

    Also if the article didn't want to be called out for listing "called a traitor" as some sort of terrible offense against the judges, they could have just not mentioned it.

  • jungleroomxjungleroomx It's never too many graves, it's always not enough shovels Registered User regular
    edited December 2022
    moniker wrote: »
    shryke wrote: »
    Was this intended as a sneaky move or is this just the unintended consequences of a well-meaning policy?

    The bill explicitly mentions removing any public protests as a consequence for a judges actions.
    Such threats have included calling a judge a traitor with references to mass shootings and serial killings, calling for an “angry mob” to gather outside a home of a judge

    Oh noes someone called a judge a traitor we can't fucking have that

    Called them a traitor and also for their explicit murder.

    Thats basically any US politican at this point and we already have mechanisms for dealing with that stuff; why do judges need more protection now?

    Also if the article didn't want to be called out for listing "called a traitor" as some sort of terrible offense against the judges, they could have just not mentioned it.

    The furthering of the judicial caste system in America is just insulating these asshole judges from the direct consequences of their decisions and actions. Police aren't going to help liberal judges who rule against their mob mentality so this really is about protecting conservative originalists as they burn the country down.

    This all tracks considering how aghast the beltway media and centrists in Congress were that people would *checks notes* interrupt a judges very expensive steak dinner.

    We're basically making sure federal judges never have to sleep in the bed they made. I'm sure that will work out wonderfully.

    jungleroomx on
  • monikermoniker Registered User regular
    moniker wrote: »
    shryke wrote: »
    Was this intended as a sneaky move or is this just the unintended consequences of a well-meaning policy?

    The bill explicitly mentions removing any public protests as a consequence for a judges actions.
    Such threats have included calling a judge a traitor with references to mass shootings and serial killings, calling for an “angry mob” to gather outside a home of a judge

    Oh noes someone called a judge a traitor we can't fucking have that

    Called them a traitor and also for their explicit murder.

    Thats basically any US politican at this point and we already have mechanisms for dealing with that stuff; why do judges need more protection now?

    Also if the article didn't want to be called out for listing "called a traitor" as some sort of terrible offense against the judges, they could have just not mentioned it.

    Those mechanisms are evidently inadequate in the face of the resurgence in political violence. Local and federal politicians also need increased Federal protections given the rise in assassination attempts and successful terror campaigns driving election officials from office.

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