tashoya
Blue & Gray (over 10,000 posts)
Posts: 12,320
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Post by tashoya on Sept 2, 2021 10:24:32 GMT -5
Very statesmanlike thing to say. Nancy is a real class act. Should Kagan and Sotomayor recuse as well because they were appointed while Biden was VP? The primary reason Nancy needs to wear mask is so no one can hear her idiocy. She's not wrong.
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hoyarooter
Blue & Gray (over 10,000 posts)
Posts: 10,209
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Post by hoyarooter on Sept 2, 2021 19:21:19 GMT -5
I'm wondering whether blue states could use the Court's reasoning here to implement gun control measures. Just allow private citizens to sue anyone at $10,000 a pop for "aiding and abetting" the purchase of a gun with exceptions for law enforcement and hunters. Gun stores would have to stop selling weapons until a test case filters up the court system, or face the prospect of defending a flood of litigation. It is a stupid way to regulate, but why not fight fire with fire and let the Court try to distinguish it from the emergency relief it just denied. It's worth a try, but it ultimately won't work, because this court won't want it to work. They'll come up with some distinction without a difference to explaining away reaching the decision that they want to reach. I think I've posted this before, but this has been my view of constitutional law for more than four decades. Putting aside stare decisis, which the court will ignore when it feels like it, the bottom line is that the court will twist itself into a pretzel to reach the result that the majority prefers, logic be damned. I had Larry Tribe for con law, and that may not have been the lesson that he intended to teach me, but that's what I learned.
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Elvado
Blue & Gray (over 10,000 posts)
Posts: 10,481
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Post by Elvado on Sept 3, 2021 5:45:54 GMT -5
I'm wondering whether blue states could use the Court's reasoning here to implement gun control measures. Just allow private citizens to sue anyone at $10,000 a pop for "aiding and abetting" the purchase of a gun with exceptions for law enforcement and hunters. Gun stores would have to stop selling weapons until a test case filters up the court system, or face the prospect of defending a flood of litigation. It is a stupid way to regulate, but why not fight fire with fire and let the Court try to distinguish it from the emergency relief it just denied. It's worth a try, but it ultimately won't work, because this court won't want it to work. They'll come up with some distinction without a difference to explaining away reaching the decision that they want to reach. I think I've posted this before, but this has been my view of constitutional law for more than four decades. Putting aside stare decisis, which the court will ignore when it feels like it, the bottom line is that the court will twist itself into a pretzel to which the result that the majority prefers, logic be damned. I had Larry Tribe for con law, and that may not have been the lesson that he intended to teach me, but that's what I learned. Result based Supreme Court decisions are no new phenomenon.
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hoyarooter
Blue & Gray (over 10,000 posts)
Posts: 10,209
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Post by hoyarooter on Sept 7, 2021 20:38:29 GMT -5
It's worth a try, but it ultimately won't work, because this court won't want it to work. They'll come up with some distinction without a difference to explaining away reaching the decision that they want to reach. I think I've posted this before, but this has been my view of constitutional law for more than four decades. Putting aside stare decisis, which the court will ignore when it feels like it, the bottom line is that the court will twist itself into a pretzel to which the result that the majority prefers, logic be damned. I had Larry Tribe for con law, and that may not have been the lesson that he intended to teach me, but that's what I learned. Result based Supreme Court decisions are no new phenomenon. That was exactly my point. It's probably been the case for 200 years.
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Deleted
Deleted Member
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Post by Deleted on Sept 13, 2021 18:52:04 GMT -5
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DanMcQ
Moderator
Posts: 30,546
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Post by DanMcQ on Dec 1, 2021 21:34:12 GMT -5
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SSHoya
Blue & Gray (over 10,000 posts)
"Forget it Jake, it's Chinatown."
Posts: 18,298
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Post by SSHoya on Dec 2, 2021 10:01:17 GMT -5
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hoyarooter
Blue & Gray (over 10,000 posts)
Posts: 10,209
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Post by hoyarooter on Dec 2, 2021 20:11:10 GMT -5
Maybe she should change her name to Sucker Collins. As if Kavanaugh was credible about anything.
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DanMcQ
Moderator
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Post by DanMcQ on Jan 15, 2022 11:27:04 GMT -5
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DanMcQ
Moderator
Posts: 30,546
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Post by DanMcQ on Jun 9, 2022 12:30:08 GMT -5
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