SSHoya
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Post by SSHoya on Nov 13, 2023 14:43:21 GMT -5
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hoyarooter
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Post by hoyarooter on Nov 13, 2023 19:32:30 GMT -5
About damn time, but it needs to be enforceable, and not just wordsmithing. And the Senate inquiry should absolutely continue.
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DanMcQ
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Post by DanMcQ on Dec 18, 2023 20:30:04 GMT -5
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SSHoya
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"Forget it Jake, it's Chinatown."
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Post by SSHoya on Dec 22, 2023 11:37:47 GMT -5
Chances of Grifter Thomas recusing himself - ZERO. The MAGA GOP - the most corrupt in American history. Ginni Thomas called 2020 a ‘heist.’ Clarence Thomas must recuse himself. The extensive — indeed, passionate — involvement of the justice’s wife, Virginia “Ginni” Thomas, in challenging the election results is a textbook example of a situation that requires recusal. www.washingtonpost.com/opinions/2023/12/22/clarence-thomas-ginni-thomas-recusal-jan-6/
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SSHoya
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"Forget it Jake, it's Chinatown."
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Post by SSHoya on Dec 22, 2023 11:59:49 GMT -5
Fat chance. The Colorado Supreme Court has left the justices of the United States Supreme Court in the very uncomfortable position of having to prove that they have the courage of their stated convictions. In framing the stakes this way, the Colorado court is calling the bluff of the U.S. Supreme Court’s originalists, forcing its conservative justices to choose between their purported legal philosophy and the partisan interests of the party with which they identify. The ruling itself seems written with a consciously originalist interpretation, with an eye toward legitimizing its conclusions to the justices who will ultimately be compelled to deal with the case. www.theatlantic.com/ideas/archive/2023/12/colorado-supreme-court-trump-originalism/676909/
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hoyarooter
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Post by hoyarooter on Dec 22, 2023 14:08:10 GMT -5
Fat chance. The Colorado Supreme Court has left the justices of the United States Supreme Court in the very uncomfortable position of having to prove that they have the courage of their stated convictions. In framing the stakes this way, the Colorado court is calling the bluff of the U.S. Supreme Court’s originalists, forcing its conservative justices to choose between their purported legal philosophy and the partisan interests of the party with which they identify. The ruling itself seems written with a consciously originalist interpretation, with an eye toward legitimizing its conclusions to the justices who will ultimately be compelled to deal with the case. www.theatlantic.com/ideas/archive/2023/12/colorado-supreme-court-trump-originalism/676909/Originalist philosophy has always been a pile of steaming BS which the so-called originalists only fall back on when it suits their purpose, and that includes the original originalist, Scalia.
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SSHoya
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"Forget it Jake, it's Chinatown."
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Post by SSHoya on Dec 22, 2023 14:19:50 GMT -5
Fat chance. The Colorado Supreme Court has left the justices of the United States Supreme Court in the very uncomfortable position of having to prove that they have the courage of their stated convictions. In framing the stakes this way, the Colorado court is calling the bluff of the U.S. Supreme Court’s originalists, forcing its conservative justices to choose between their purported legal philosophy and the partisan interests of the party with which they identify. The ruling itself seems written with a consciously originalist interpretation, with an eye toward legitimizing its conclusions to the justices who will ultimately be compelled to deal with the case. www.theatlantic.com/ideas/archive/2023/12/colorado-supreme-court-trump-originalism/676909/Originalist philosophy has always been a pile of steaming BS which the so-called originalists only fall back on when it suits their purpose, and that includes the original originalist, Scalia. Don't the Federalists now call it textualism: Textualism is a mode of legal interpretation that focuses on the plain meaning of the text of a legal document. Textualism usually emphasizes how the terms in the Constitution would be understood by people at the time they were ratified, as well as the context in which those terms appear. But what do I know - I graduated from a "third rate Catholic law school" according to one of my former supervisors at DOJ who went to SLU Law before transferring to Indiana to finish his JD. (He was kidding and I didn't get my JD from Georgetown anyway).
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hoyarooter
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Post by hoyarooter on Dec 22, 2023 19:49:45 GMT -5
Originalist philosophy has always been a pile of steaming BS which the so-called originalists only fall back on when it suits their purpose, and that includes the original originalist, Scalia. Don't the Federalists now call it textualism: Textualism is a mode of legal interpretation that focuses on the plain meaning of the text of a legal document. Textualism usually emphasizes how the terms in the Constitution would be understood by people at the time they were ratified, as well as the context in which those terms appear. But what do I know - I graduated from a "third rate Catholic law school" according to one of my former supervisors at DOJ who went to SLU Law before transferring to Indiana to finish his JD. (He was kidding and I didn't get my JD from Georgetown anyway). Whatever. To loosely paraphrase the Bard, a turd by any other name would stink the same.
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DanMcQ
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Post by DanMcQ on Jan 6, 2024 0:20:53 GMT -5
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DanMcQ
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Post by DanMcQ on Jan 6, 2024 0:27:09 GMT -5
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DanMcQ
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Post by DanMcQ on Jan 6, 2024 22:25:31 GMT -5
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DanMcQ
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Post by DanMcQ on Jan 21, 2024 13:07:32 GMT -5
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SSHoya
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"Forget it Jake, it's Chinatown."
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Post by SSHoya on Jan 22, 2024 15:49:52 GMT -5
Texas! Yee Haw! Whatcha gonna do Abbott? Declare war on the United States? Supreme Court clears way for border agents to remove Texas wire barrier The Supreme Court sided with the Biden administration on Monday and cleared the way for border patrol agents to remove razor wire Texas officials installed along a busy stretch of the southern border until the legality of the barriers is resolved in court. As is typical in emergency actions, the majority did not explain its reasoning for dissolving an order from a lower court. Four conservatives — Justices Clarence Thomas, Samuel A. Alito Jr., Neil M. Gorsuch and Brett M. Kavanaugh — noted their dissents without explanation. www.washingtonpost.com/politics/2024/01/22/supreme-court-texas-biden-border-razor-wire/
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DanMcQ
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Post by DanMcQ on Jan 22, 2024 17:32:30 GMT -5
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DanMcQ
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Post by DanMcQ on Feb 7, 2024 12:43:23 GMT -5
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SSHoya
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"Forget it Jake, it's Chinatown."
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Post by SSHoya on Feb 8, 2024 6:14:20 GMT -5
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DanMcQ
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Post by DanMcQ on Feb 8, 2024 7:53:32 GMT -5
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SSHoya
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Post by SSHoya on Feb 8, 2024 10:15:25 GMT -5
Silent Clarence actually asked a question. He is the insurrectionist-adjacent Justice.
For you strict textualists, Section 3 says an insurrectionist may not "hold" office. Therefore, it does not preclude them from "running" for office. Ha ha ha. How irrational is textualism?
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SSHoya
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"Forget it Jake, it's Chinatown."
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Post by SSHoya on Feb 8, 2024 10:31:17 GMT -5
Courts are particularly reluctant to permit offensive, non-mutual collateral estoppel (a suit by a first-time plaintiff seeking to hold a repeat defendant to the same outcome from a prior suit).
Alito indicating that he doesn't want the Colorado facutual finding to allow other states to estop the grifter from arguing that he is NOT an insurrectionist.
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SSHoya
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"Forget it Jake, it's Chinatown."
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Post by SSHoya on Feb 8, 2024 10:43:27 GMT -5
Mitchell arguing that President isn't an "officer of the United States" even though Mitchell didn't argue it in the merits brief in chief.
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