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Re: The Supreme Court

Thu June 18, 2020 3:42 pm

digster wrote:I feel like it's possible there's no one who would prefer Biden win than John Roberts.

Agreed. Getting to strike down liberal laws would be so much easier for him than worry about either being written about in history books as the Chief Justice who enabled Trump or feeling the constant wrath of the red team.

Re: The Supreme Court

Thu June 18, 2020 3:43 pm

These decisions are just to soften the blow when we get the 5-4 decision in Trump's favor on the release of his financials.

Re: The Supreme Court

Thu June 18, 2020 3:52 pm

4/5 wrote:
digster wrote:I feel like it's possible there's no one who would prefer Biden win than John Roberts.

Agreed. Getting to strike down liberal laws would be so much easier for him than worry about either being written about in history books as the Chief Justice who enabled Trump or feeling the constant wrath of the red team.


Yes, I'd bet he's assuming that if Biden replaces Ginsburg and Breyer, the pressure will be eased even if the court's ideological makeup hasn't changed.

Re: The Supreme Court

Thu June 18, 2020 4:08 pm

Thomas could go in the next four years.

Re: The Supreme Court

Thu June 18, 2020 4:11 pm

The Rona does seem to prefer black people

Re: The Supreme Court

Thu June 18, 2020 4:17 pm

verb_to_trust wrote:These decisions are just to soften the blow when we get the 5-4 decision in Trump's favor on the release of his financials.

But wouldn't you make that trade? Only death will get Trump out of office before 1/20/21.

Re: The Supreme Court

Thu June 18, 2020 5:17 pm

4/5 wrote:
verb_to_trust wrote:These decisions are just to soften the blow when we get the 5-4 decision in Trump's favor on the release of his financials.

But wouldn't you make that trade? Only death will get Trump out of office before 1/20/21.


I want it all bayyybeeeee!!!

Re: The Supreme Court

Thu June 18, 2020 5:55 pm

Conservatives are like "b-but I thought the supreme court was how we win?"

Lol there is no winning.

Re: The Supreme Court

Thu June 18, 2020 5:56 pm

BurtReynolds wrote:Conservatives are like "b-but I thought the supreme court was how we win?"

Lol there is no winning.

Unless you're Charlie Sheen

Re: The Supreme Court

Thu June 18, 2020 5:57 pm

Dems will learn the same lesson when Biden adds another woke corporatist to the court.

Re: The Supreme Court

Thu June 18, 2020 6:00 pm

BurtReynolds wrote:Conservatives are like "b-but I thought the supreme court was how we win?"

Lol there is no winning.

Their victories are in the future when the Court strikes down the Green New Deal.

Re: The Supreme Court

Mon June 29, 2020 2:09 pm

SCOTUS carves out yet another sex related exception to the First Amendment. :shake:

https://www.supremecourt.gov/opinions/1 ... 7_b97c.pdf

Re: The Supreme Court

Mon June 29, 2020 2:18 pm

The Louisiana abortion law is struck down, but without a majority. Roberts just concurred in the judgment and played the stare decisis card, even though he dissented from the very precedent that was set via stare decisis.

https://www.supremecourt.gov/opinions/1 ... 3_c07d.pdf

Re: The Supreme Court

Mon June 29, 2020 2:33 pm

And finally, the CFPB case came down. Roberts struck down the provision regarding the removal of the director, but saved the rest of the CFPB by finding that provision severable. Thomas and Gorsuch would have not severed.

https://www.supremecourt.gov/opinions/1 ... 7_n6io.pdf

Re: The Supreme Court

Mon June 29, 2020 2:40 pm

Sorry I forgot about the board for a couple weeks and missed some discussion, of which may be very late:

4/5 wrote:Concurrences and dissents all over the place. Looking forward to GH's summary.

Looks like the controlling opinion is that Trump has the right to end DACA but the method of doing so was capricious and arbitrary and therefore unconstitutional.
1. SCOTUS essentially punted DACA until after November.
2. But there is something to be said on how comical it is that Trump keeps incompetently losing at SCOTUS on capricious and arbitrary grounds.

4/5 wrote:
digster wrote:I feel like it's possible there's no one who would prefer Biden win than John Roberts.

Agreed. Getting to strike down liberal laws would be so much easier for him than worry about either being written about in history books as the Chief Justice who enabled Trump or feeling the constant wrath of the red team.
I think one factor to consider is whether the Democrats would threaten to pack the Court if they gain the power to do so. If they make such a threat, it could be done so as a warning to Roberts that you better not strike down the legislation we pass, or we're going to take away the immense power you have as the median Justice on the Court.

Re: The Supreme Court

Mon June 29, 2020 2:56 pm

Green Habit wrote:The Louisiana abortion law is struck down, but without a majority. Roberts just concurred in the judgment and played the stare decisis card, even though he dissented from the very precedent that was set via stare decisis.

https://www.supremecourt.gov/opinions/1 ... 3_c07d.pdf

What do you think, afraid of Democrats stacking the Court? Fear of more social upheaval/protests, loss of legitimacy of the Court? Guaranteeing a blue wave in November? Something else?

Re: The Supreme Court

Mon June 29, 2020 3:00 pm

4/5 wrote:
Green Habit wrote:The Louisiana abortion law is struck down, but without a majority. Roberts just concurred in the judgment and played the stare decisis card, even though he dissented from the very precedent that was set via stare decisis.

https://www.supremecourt.gov/opinions/1 ... 3_c07d.pdf
What do you think, afraid of Democrats stacking the Court? Fear of more social upheaval/protests, loss of legitimacy of the Court? Guaranteeing a blue wave in November? Something else?
I would indeed guess that Roberts fears that gutting Roe v. Wade now would motivate the left to turn out in 2020. It also likely didn't help that Louisiana did essentially the same thing that Texas did and they assumed that just replacing Kennedy with Kavanaugh would solve things. I think Roberts is definitely leaving the door open for anti-abortion activists to try again with more creative legislation should the Court continue to move more in their favor.

Re: The Supreme Court

Mon June 29, 2020 5:13 pm

Green Habit wrote:
4/5 wrote:
Green Habit wrote:The Louisiana abortion law is struck down, but without a majority. Roberts just concurred in the judgment and played the stare decisis card, even though he dissented from the very precedent that was set via stare decisis.

https://www.supremecourt.gov/opinions/1 ... 3_c07d.pdf
What do you think, afraid of Democrats stacking the Court? Fear of more social upheaval/protests, loss of legitimacy of the Court? Guaranteeing a blue wave in November? Something else?
I would indeed guess that Roberts fears that gutting Roe v. Wade now would motivate the left to turn out in 2020. It also likely didn't help that Louisiana did essentially the same thing that Texas did and they assumed that just replacing Kennedy with Kavanaugh would solve things. I think Roberts is definitely leaving the door open for anti-abortion activists to try again with more creative legislation should the Court continue to move more in their favor.

I need to read what he wrote when I get a chance. I'm definitely curious if he encouraged future challenges.

I have more questions but I'll read up on it later today.

Re: The Supreme Court

Tue June 30, 2020 1:16 am

"B-but we have to vote Trump because of the Supreme court picks!" - conservatives

Re: The Supreme Court

Tue June 30, 2020 1:18 am

BurtReynolds wrote:"B-but we have to vote Trump because of the Supreme court picks!" - conservatives


Lets continue the proud tradition of making terrible rulings in an attempt to deter court packing!
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