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Thread: The Supreme Court, bastion of conservatism

  1. #1171
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    Quote Originally Posted by BlueK View Post
    This would have probably easily gone the other way given the default with Roberts is usually to side with the executive branch, even when Obama was president. This was pretty remarkable for him to say to the government that their argument for why they needed the citizenship question was "contrived." He did leave it open for them to provide a better answer. I also think it's pretty crazy that they allowed some political activist/consultant to tell them what false rationale to use to add the question,
    You may be right. Almost the entire opinion was very deferential and read like Roberts was going to side with the government. Then there is one section tacked on about pretext. I think that section is a little incoherent and I tend to agree with the conservative justices that it creates a bad precedent that will lead to a lot of frivolous litigation. Maybe Roberts was convinced by the post-argument evidence that there was something more nefarious going on and decided he needed to come up with some rationale to stop it at the last minute. Ideally, the Court would have delayed the decision and asked for supplemental briefing (and perhaps supplemental argument), but the decision was time sensitive so I'm not sure that was a good option.

  2. #1172
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    All 83 Ethics Complaints Against Justice Brett Kavanaugh Have Been Dismissed For Good

    All of the 83 ethics complaints filed against Justice Brett Kavanaugh during and after his confirmation to the US Supreme Court will remain dismissed, a nationwide committee of federal judges concluded Thursday, marking the judiciary's final word on the subject.


    The decision from the Committee on Judicial Conduct and Disability confirms a ruling in late 2018 from an intermediate panel of judges dismissing the complaints, finding that Kavanaugh stopped being covered by the federal judiciary's internal ethics review system the moment he was confirmed to former justice Anthony Kennedy's seat in October.

    There is no appeal option from here. The Supreme Court doesn't have its own formal ethics review process like the one that covers the federal appeals and district courts, and Thursday's decision makes clear that conduct by a lower court judge — Kavanaugh previously served on the US Court of Appeals for the DC Circuit — falls outside of the judiciary's ethics review process as soon as that judge is elevated to the Supreme Court.


    The only body with the power to take action against Kavanaugh now is Congress, and notwithstanding fierce Democratic opposition to his nomination, there's been no effort by lawmakers to act so far. Supreme Court justices, like federal judges in the lower courts, can be impeached for misconduct, but it's extremely rare.
    [...]
    https://www.buzzfeednews.com/article...-supreme-court


    But what about the DNA test to show that he is actually Hitler? Did the Dems get the DNA test?
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  3. #1173
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    Quote Originally Posted by Uncle Ted View Post
    https://www.buzzfeednews.com/article...-supreme-court


    But what about the DNA test to show that he is actually Hitler? Did the Dems get the DNA test?
    I'm not interested in continuing the Kavanuagh witch-hunt, but reading your snippet it doesn't sound like they exonerated him or that there wasn't enough to go forward with. They just stopped looking because he was on the supreme court now. Basically the reviews became N/A since there isn't anything the committee can do to supreme court judges.

    Seems much like the "You can't indict a sitting President" and the only actions that can be taken is by congress.


    Is this accurate?

  4. #1174
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    Quote Originally Posted by beefytee View Post
    I'm not interested in continuing the Kavanuagh witch-hunt, but reading your snippet it doesn't sound like they exonerated him or that there wasn't enough to go forward with. They just stopped looking because he was on the supreme court now. Basically the reviews became N/A since there isn't anything the committee can do to supreme court judges.

    Seems much like the "You can't indict a sitting President" and the only actions that can be taken is by congress.


    Is this accurate?
    I'm no fan of Kavanuagh, but they didn't even have any corroborating witnesses that placed him at the scene. Just let that sink in a little bit.

    His getting upset is understandable.
    We all trust our own unorthodoxies.

  5. #1175
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    Bump

    Dems looking for strike two. Maybe they should just endorse Trump
    "Discipleship is not a spectator sport. We cannot expect to experience the blessing of faith by standing inactive on the sidelines any more than we can experience the benefits of health by sitting on a sofa watching sporting events on television and giving advice to the athletes. And yet for some, “spectator discipleship” is a preferred if not primary way of worshipping." -Pres. Uchtdorf

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    Quote Originally Posted by Moliere View Post
    Bump

    Dems looking for strike two. Maybe they should just endorse Trump
    Is there any new information? What is the genesis of this recent impeachment push?
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    Quote Originally Posted by Pelado View Post
    Is there any new information? What is the genesis of this recent impeachment push?
    I’m not sure, but sounds like a book is coming out so it’s resurfacing.
    "Discipleship is not a spectator sport. We cannot expect to experience the blessing of faith by standing inactive on the sidelines any more than we can experience the benefits of health by sitting on a sofa watching sporting events on television and giving advice to the athletes. And yet for some, “spectator discipleship” is a preferred if not primary way of worshipping." -Pres. Uchtdorf

  8. #1178
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    Quote Originally Posted by Moliere View Post
    Bump

    Dems looking for strike two. Maybe they should just endorse Trump
    Yep...

    The New York Times Anti-Kavanaugh Bombshell Is Actually a Dud

    Of course, that doesn't stop the 2020 Dems from jumping all over it...

    "If there is one thing I am, it's always right." -Ted Nugent.
    "I honestly believe saying someone is a smart lawyer is damning with faint praise. The smartest people become engineers and scientists." -SU.
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  9. #1179

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    Quote Originally Posted by Uncle Ted View Post
    Yep...

    The New York Times Anti-Kavanaugh Bombshell Is Actually a Dud

    Of course, that doesn't stop the 2020 Dems from jumping all over it...
    Lol. From the story's comment section:

    NY Times reporting: "My best friend’s sister’s boyfriend’s brother’s girlfriend heard from this guy who knows this kid who’s going with a girl who saw Ferris pass-out at 31 Flavors last night. I guess it’s pretty serious."

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  10. #1180
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    Quote Originally Posted by Moliere View Post
    I’m not sure, but sounds like a book is coming out so it’s resurfacing.
    Yep. The New York Times published a column that was really nothing more than a book advertisement rehashing what we knew before, and it reignited the psychos on the left again.

  11. #1181
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    'I was angry, and I sent it out': Woman admits she fabricated a claim about writing an anonymous letter that accused Brett Kavanaugh of sexual assault


    • Senate Judiciary Committee investigators said that a woman who claimed to be the author of an anonymous sexual-assault allegation against Justice Brett Kavanaugh had "fabricated" the claim.
    • Republican Sen. Grassley of Iowa said his committee had investigated the allegations made by Judy Munro-Leighton, a Kentucky woman who claimed she was the author of an anonymous letter that detailed graphic sexual-assault allegations.
    • The "Jane Doe" in the letter claimed that Kavanaugh and his friend "sexually assaulted and raped me in his car," but provided no timeframe of the incident, and no return address.
    • Munro-Leighton later sent an email claiming she was Doe. Investigators were able to find Munro-Leighton due to her "relatively unique name," and determined she was an "activist ... decades older than Judge Kavanaugh."
    • Munro-Leighton, who had never met Kavanaugh in person, "admitted, contrary to her prior claims, that she had not been sexually assaulted by Judge Kavanaugh and was not the author of the original 'Jane Doe' letter,'" Grassley's office said.
    • Grassley urged the FBI and attorney general to give "utmost consideration" to the case, but added that Munro-Leighton's fabricated allegations should not discount sexual assault claims that were made in "good faith."

    [...]
    https://www.businessinsider.com/bret...leighton-2018-

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  12. #1182

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    That's interesting timing. My company commander just dropped the statistic that an American is sexually assaulted every two minutes. Obviously that's an estimate, but I wonder how close that is. It sickens me when i hear people make false claims, which leads to people questionong real victims.

  13. #1183
    Senior Member myboynoah's Avatar
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    link doesn't work
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  14. #1184
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    Quote Originally Posted by myboynoah View Post
    link doesn't work
    It was also a year old story

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    Quote Originally Posted by Bo Diddley View Post
    That's interesting timing. My company commander just dropped the statistic that an American is sexually assaulted every two minutes. Obviously that's an estimate, but I wonder how close that is. It sickens me when i hear people make false claims, which leads to people questionong real victims.
    I suspect your commander's stat is close to accurate. Most victims don't report these crimes, especially children.

  16. #1186

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    Quote Originally Posted by frank ryan View Post
    I suspect your commander's stat is close to accurate. Most victims don't report these crimes, especially children.
    This is going to sound much harsher than is my actual intent, but I agree that the commander’s stat is probably close to accurate. But primarily because the definition of sexual assault has been changed so much that the proffered stat, even if accurate, doesn’t really reflect what is going on.
    Last edited by Donuthole; 11-04-2019 at 08:38 AM.
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  17. #1187

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    Quote Originally Posted by Donuthole View Post
    This is going to sound much harsher than is my actual intent, but I agree that the commander’s stat is probably close to accurate. But primarily because the definition of sexual assault has been changed so much that the proffered stat, even if accuse, doesn’t really reflect what is going on.
    Seriously? What has changed, definition-wise? That's certainly inconsistent with the experiences individuals have shared with me. Like I said, people tend not to report horiffic sexual crimes. I don't think we have an epidemic of overly sensitive people whining about sexual assault that is the reason for concerning numbers. I'm also not sure the numbers are higher then they've historically been.

  18. #1188

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    Quote Originally Posted by frank ryan View Post
    Seriously? What has changed, definition-wise? That's certainly inconsistent with the experiences individuals have shared with me. Like I said, people tend not to report horiffic sexual crimes. I don't think we have an epidemic of overly sensitive people whining about sexual assault that is the reason for concerning numbers. I'm also not sure the numbers are higher then they've historically been.
    This is at least one area where it has changed. It's moving beyond the universities though.

    Those familiar with American law’s fundamental principle of “innocent until proven guilty” may notice that affirmative consent standards effectively flip this principle on its head, leaving accused students guilty unless they can prove themselves innocent. Such a standard amounts to an abandonment of the principles of fundamental fairness in campus tribunals.

  19. #1189

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    Quote Originally Posted by swampfrog View Post
    This is at least one area where it has changed. It's moving beyond the universities though.
    That's not really related to the discussion. We aren't talking about proving these crimes.

  20. #1190

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    Quote Originally Posted by Donuthole View Post
    This is going to sound much harsher than is my actual intent, but I agree that the commander’s stat is probably close to accurate. But primarily because the definition of sexual assault has been changed so much that the proffered stat, even if accuse, doesn’t really reflect what is going on.
    I agree with you. While it's complicated, I also tend to believe the definition needed to change. When I was in high school in the '80's, the locker room mentality was to keep trying until a girl gets worked up enough to say yes. Obviously, this is a horrible way to treat a human being, and it may have been defined as assault even then, but it was still acceptable in many circles and hence not considered "real" assault. Looking back, I think most people now understand that there was no way know if someone was consenting or just giving up. That's where it gets complicated. People could conceivably convince themselves they were victims when they are not as a coping mechanism for feelings of remorse over their actions. Likewise, one party may think there is consent when it is not expressly given, or it is given under duress. If there is no other good reason, this is a good enough reason for people to avoid sex until they are in a committed, monogamous relationship.


    Quote Originally Posted by frank ryan View Post
    That's not really related to the discussion. We aren't talking about proving these crimes.
    Perhaps not, but it is an important topic. Because of the gray area outlined above, it is very difficult to prove assault as we define it. I have two daughters, and I'm fine with the currently accepted definition of assault. I also have two boys, and don't want them to suffer consequences for an assault they didn't commit.
    Last edited by cowboy; 11-04-2019 at 06:26 AM.

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  21. #1191

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    Quote Originally Posted by frank ryan View Post
    That's not really related to the discussion. We aren't talking about proving these crimes.
    You asked specifically what has changed definition-wise. The definition has changed (not globally) to include the ability to call what had previously been consensual sex, sexual assault.

    ...affirmative consent policies generally require that participants in sexual activity obtain objectively demonstrable consent at every step of a sexual encounter.
    These policies are problematic because a student who engages in consensual sex may be found guilty of sexual assault simply by being unable to prove that he or she obtained unambigious consent to every sexual activity throughout a sexual encounter.
    That's a change in the definition of sexual assault. And it's new.

  22. #1192

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    This is like Inception; a threadjack within a threadjack. We should probably start a whole new thread.

  23. #1193

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    How much of a chance does Ginsburg have to outlive a second Trump presidency? I just know if Trump nominated another conservative justice, heads would explode.

  24. #1194

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    Quote Originally Posted by Bo Diddley View Post
    How much of a chance does Ginsburg have to outlive a second Trump presidency? I just know if Trump nominated another conservative justice, heads would explode.
    According to this morbid site, she only has a 64% chance of making it through the current term. Odds of making it 4 additional years seem small, but RBG has been defying the odds her entire life.
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  25. #1195
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    Quote Originally Posted by Lost Student View Post
    According to this morbid site, she only has a 64% chance of making it through the current term. Odds of making it 4 additional years seem small, but RBG has been defying the odds her entire life.
    Odds of making it another 4 years seem extremely small, IMO, and defying the odds is an understatement. RBG has been diagnosed with cancer at least four times. The survival rate of pancreatic cancer is not usually good but she seems to be a fighter.

    "If there is one thing I am, it's always right." -Ted Nugent.
    "I honestly believe saying someone is a smart lawyer is damning with faint praise. The smartest people become engineers and scientists." -SU.
    "Yet I still see wisdom in that which Uncle Ted posts." -creek.
    GIVE 'EM HELL, BRIGHAM!

  26. #1196
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    Drumpf wins another one with the Supreme court...

    Supreme Court allows 'public charge' rule to take effect nationwide

    The Supreme Court ruled in favor of the Trump administration on Friday night in a case that contested the president’s “public charge” rule, which critics have called a “wealth test” for legal immigrants.

    The policy in question, the Immigration and Nationality Act, would make it harder for immigrants who are “likely at any time to become a public charge” to obtain green cards. The policy discourages legal immigrants in the process of obtaining permanent legal status or citizenship from using public assistance, including Medicaid, housing vouchers and food stamps.

    The case heard by the court, Wolf v. Cook County, sought to reject the policy’s effect in Illinois. The district court filed a preliminary injunction, which temporarily halted the policy in the state and sent the case to the Supreme Court. On Friday, the five conservative justices ruled in favor of the stay, while the liberal justices opposed it.
    [...]
    https://thehill.com/regulation/court...across-country

    Sotomayor issued the dissent and blames it on the fact that Drumpf and the senate are picking a bunch of conservative judges...

    She went as far as to say that the practice is “putting a thumb on the scale in favor” of the party that won a stay -- a pointed dig at the Trump administration and her conservative colleagues.

    “Claiming one emergency after another, the Government has recently sought stays in an unprecedented number of cases, demanding immediate attention and consuming limited court resources in each,” Sotomayor wrote. “And with each successive application, of course, its cries of urgency ring increasingly hollow.”
    https://news.yahoo.com/sotomayor-sca...200903899.html

    Now Drumpf has even flipped the 9th Circuit:

    Trump has flipped the 9th Circuit — and some new judges are causing a ‘shock wave’

    When President Trump ticks off his accomplishments since taking office, he frequently mentions his aggressive makeover of a key sector of the federal judiciary — the circuit courts of appeal, where he has appointed 51 judges to lifetime jobs in three years.


    In few places has the effect been felt more powerfully than in the sprawling 9th Circuit, which covers California and eight other states. Because of Trump’s success in filling vacancies, the San Francisco-based circuit, long dominated by Democratic appointees, has suddenly shifted to the right, with an even more pronounced tilt expected in the years ahead.
    [...]
    https://www.latimes.com/california/s...es-9th-circuit

    In other news Supreme Court Justice Brett Kavanaugh still likes beer...

    "If there is one thing I am, it's always right." -Ted Nugent.
    "I honestly believe saying someone is a smart lawyer is damning with faint praise. The smartest people become engineers and scientists." -SU.
    "Yet I still see wisdom in that which Uncle Ted posts." -creek.
    GIVE 'EM HELL, BRIGHAM!

  27. #1197

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    Quote Originally Posted by Uncle Ted View Post
    Drumpf wins another one with the Supreme court...


    https://thehill.com/regulation/court...across-country

    Sotomayor issued the dissent and blames it on the fact that Drumpf and the senate are picking a bunch of conservative judges...


    https://news.yahoo.com/sotomayor-sca...200903899.html

    Now Drumpf has even flipped the 9th Circuit:


    https://www.latimes.com/california/s...es-9th-circuit

    In other news Supreme Court Justice Brett Kavanaugh still likes beer...

    I got mocked when I stated that my number one issue in the last election was the appointment of judges....

  28. #1198
    Senior Member myboynoah's Avatar
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    Quote Originally Posted by Shaka View Post
    I got mocked when I stated that my number one issue in the last election was the appointment of judges....
    8adaef2fc7827f78269e8d3edbf342c9.jpg
    Give 'em Hell, Cougars!!!

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    Not long ago an obituary appeared in the Salt Lake Tribune that said the recently departed had "died doing what he enjoyed most—watching BYU lose."

  29. #1199

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    Quote Originally Posted by Uncle Ted View Post
    Odds of making it another 4 years seem extremely small, IMO, and defying the odds is an understatement. RBG has been diagnosed with cancer at least four times. The survival rate of pancreatic cancer is not usually good but she seems to be a fighter.

    She's had the Dave Rose and Steve Jobs type of pancreatic cancer, not the more common Patrick Swayze type. Still, she was quite old when she had it and she still fought it off. She's very, very tough. Even though I can't say I agree with a ton of her decisions where there's a split court (a lot of decisions are unanimous or near so), she is a very good justice, in contrast to Sotomayor who's an embarassment.
    Part of it is based on academic grounds. Among major conferences, the Pac-10 is the best academically, largely because of Stanford, Cal and UCLA. “Colorado is on a par with Oregon,” he said. “Utah isn’t even in the picture.”

  30. #1200

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    Quote Originally Posted by Color Me Badd Fan View Post
    She's had the Dave Rose and Steve Jobs type of pancreatic cancer, not the more common Patrick Swayze type. Still, she was quite old when she had it and she still fought it off. She's very, very tough. Even though I can't say I agree with a ton of her decisions where there's a split court (a lot of decisions are unanimous or near so), she is a very good justice, in contrast to Sotomayor who's an embarassment.
    Isn’t she personally well-liked by her peers on the court, including the conservative justices?

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