The US Supreme Court

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rasetsu
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Re: The US Supreme Court

Post by rasetsu » Sun Jul 17, 2022 11:02 am

:tup:

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Re: The US Supreme Court

Post by rainbow » Sun Jul 17, 2022 7:06 pm

laklak wrote:
Sun Jul 17, 2022 6:51 am
Whatever they do now will be undone next year, if the Dems can increase the court numbers (which they can't, it will never pass the Senate) then the GOP could increase the numbers again. We could have like 49 justices. They could all pack into a tiny car and jump out in chambers, to calliope music. The clerks can ride unicycles, dressed in monkey suits.

C'mon, it'd be fun!

All in all I'd rather live under an African despot. Waaaait a minute.......
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Re: The US Supreme Court

Post by Tero » Mon Jul 18, 2022 12:09 am

Ocasio-Cortez, progressives call on Schumer, Pelosi to strip SCOTUS of abortion jurisdiction
https://thehill.com/homenews/house/3561 ... ction/amp/

The checks and balances that the 3 branches are limited. Judges can be appointed and impeahed. Nothing else.
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Re: The US Supreme Court

Post by rasetsu » Mon Jul 18, 2022 3:11 am

Jurisdictional limits actually are congress' prerogative. I'm not sure what would happen if you tried to invalidate a ruling retroactively. I suspect it would fall afoul of the clause against making ex post facto laws.

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Re: The US Supreme Court

Post by laklak » Mon Jul 18, 2022 10:58 am

RvW has ALWAYS been on shaky constitutional ground, it was a shit ruling and should have been enshrined in law decades ago. The Dems have had multiple chances to do exactly that since RvW and haven't bothered, but now it's all "AAAAAAA SCOTUS HATES WOMEN!"

Pleeeeeaaaase. They're all equally complicit and guilty, and the public are suckers. They're fucking playing you but you can't see it. KoolAid, it's what voters crave.
Yeah well that's just, like, your opinion, man.

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Re: The US Supreme Court

Post by rasetsu » Mon Jul 18, 2022 11:43 am

It just occurred to me. If congress did limit SCOTUS' jurisdiction over cases involving abortion successfully, that would not only kabosh the recent opinion in Dobbs, but also Casey and Roe, reverting the decisions back to the states, just as Dobbs did. So limiting their jurisdiction would appear to have the opposite effect to that desired, as you could no longer pursue justice in a federal court as congress had limited federal court jurisdiction -- the only remedy would lie in state courts, which aren't beholden to federal law or federal courts where federal courts have no jurisdiction.

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Re: The US Supreme Court

Post by Tero » Mon Jul 18, 2022 12:28 pm

rasetsu wrote:
Mon Jul 18, 2022 11:43 am
It just occurred to me. If congress did limit SCOTUS' jurisdiction over cases involving abortion successfully, that would not only kabosh the recent opinion in Dobbs, but also Casey and Roe, reverting the decisions back to the states, just as Dobbs did. So limiting their jurisdiction would appear to have the opposite effect to that desired, as you could no longer pursue justice in a federal court as congress had limited federal court jurisdiction -- the only remedy would lie in state courts, which aren't beholden to federal law or federal courts where federal courts have no jurisdiction.
You should have been a lawyer.
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Said Peter...what you're requesting just isn't my bag
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Re: The US Supreme Court

Post by Svartalf » Mon Jul 18, 2022 5:10 pm

Tero wrote:
Mon Jul 18, 2022 12:09 am
Ocasio-Cortez, progressives call on Schumer, Pelosi to strip SCOTUS of abortion jurisdiction
https://thehill.com/homenews/house/3561 ... ction/amp/

The checks and balances that the 3 branches are limited. Judges can be appointed and impeahed. Nothing else.
Is that even feasible?
a lawyer recently explained to me that the recent decision, however deplorable, was legally much sounder than the two it overturned, which, being precisely legalizing from the bench, should never have happened in the first place as, by taking them, the court appropriated powers that were not its to wield.
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Re: The US Supreme Court

Post by Brian Peacock » Mon Jul 18, 2022 6:07 pm

It's not feasible. It's hot air to make it look like the Dems are doing something. In the end they'll say, "Oh well, we tried..." and then go back to writing emails asking for donations.
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Re: The US Supreme Court

Post by Tero » Mon Jul 18, 2022 7:54 pm

The Supreme court decided what it's role was about 1800. It authorised itself. It's review of cases is not based on laws from congress.
https://www.britannica.com/event/Marbury-v-Madison
So this review is "established" according to Alito rules. But only 150 years more than Row vs Wade
https://esapolitics.blogspot.com
http://esabirdsne.blogspot.com/
Said Peter...what you're requesting just isn't my bag
Said Daemon, who's sorry too, but y'see we didn't have no choice
And our hands they are many and we'd be of one voice
We've come all the way from Wigan to get up and state
Our case for survival before it's too late

Turn stone to bread, said Daemon Duncetan
Turn stone to bread right away...

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Re: The US Supreme Court

Post by Joe » Mon Jul 18, 2022 8:25 pm

Well, if we followed the Founders intent like the originalists say, we'd only have Gorsuch on the court. Women, black people, and Catholics didn't get to hold office back then. :prof:
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Re: The US Supreme Court

Post by rasetsu » Mon Jul 18, 2022 8:56 pm

Tero wrote:
Mon Jul 18, 2022 7:54 pm
The Supreme court decided what it's role was about 1800. It authorised itself. It's review of cases is not based on laws from congress.
https://www.britannica.com/event/Marbury-v-Madison
So this review is "established" according to Alito rules. But only 150 years more than Row vs Wade
That's close to accurate. SCOTUS has original and appellate jurisdiction over constitutional questions, but it only has original jurisdiction of a limited subset of other cases, and appellate jurisdiction in the rest. Congress does have the power to limit appellate jurisdiction of the Supreme Court, but no power over cases for which it has original jurisdiction, which in cases involving abortion rights it does. So, no, its not true that the Supreme Court's review of cases cannot be limited at all by congress, but regarding the specific cases in question, congress is not empowered to limit their original jurisdiction, and can only limit the court's right to hear such cases on appeal. The court is always free to consider constitutional questions which arise in its original jurisdiction.

See: Wikipedia || Constitution of the United States, Article III, Section 2, Clause 2

See also: Wikipedia || Jurisdiction stripping
Last edited by rasetsu on Mon Jul 18, 2022 9:06 pm, edited 2 times in total.

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Re: The US Supreme Court

Post by rasetsu » Mon Jul 18, 2022 9:05 pm

Dang. Hit the wrong button again. Can that button be moved? To Afghanistan?

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Re: The US Supreme Court

Post by L'Emmerdeur » Fri Jul 22, 2022 4:53 am

Certain US Supreme Court Justices were no doubt inspired by participating in prayer meetings with anti-abortion zealots, assuming the claims of one of those zealots are accurate. Further claims in the same vein:

'Former religious right leader: I saw our phrases in Alito’s abortion opinion'
A former leader of the religious right contends that an effort he helped lead to influence conservative Supreme Court justices through prayer sessions, private dinners and other social events contributed to the stridency of the court’s opinion last month striking down Roe v. Wade.

Rev. Rob Schenck said on a religion-focused podcast released last week that the behind-the-scenes lobbying effort led by his former group Faith and Action to encourage the conservative justices to “be bolder and far more assertive in their opinions” on social issues like abortion contributed to the sweeping nature of the five-justice majority’s decision to roll back abortion rights.

“I can say with a certain level of certainty I don’t think we would have gotten the decision as it is worded from Justice Alito without the work we did,” Schenck said during an interview with another prominent Washington-area religious leader, Rabbi Jack Moline, on a podcast sponsored by the left-leaning Interfaith Alliance.

,,,

For almost two decades, Schenck headed Faith and Action, now known as Faith & Liberty, which he described as an activist group aimed at penetrating the walls of the Supreme Court and persuading justices to be bolder in their faith-based conservatism. He broke sharply with the religious right over the past decade because of what he viewed as its extreme tactics and refusal to support restrictions on gun ownership.

Schenck said Justice Samuel Alito’s 79-page opinion in Dobbs v. Jackson Women’s Health Organization included language and framing that Schenck and other anti-abortion activists had touted for years in their efforts to stir up sentiment to ban abortion in the U.S.

“It was a polemic from our side of the movement, which startled me, took my breath away,” the reverend said. “He was using phrases we had invented as bumper sticker slogans in a Supreme Court decision. It was breathtaking to me.”

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Re: The US Supreme Court

Post by rainbow » Fri Jul 22, 2022 5:36 am

L'Emmerdeur wrote:
Fri Jul 22, 2022 4:53 am
Certain US Supreme Court Justices were no doubt inspired by participating in prayer meetings with anti-abortion zealots, assuming the claims of one of those zealots are accurate. Further claims in the same vein:

The Power of Prayer.

...just a suggestion, why not pray to end school shootings?

Perhaps their God is unable to stop them, or worse makes these things happen?

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