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That Domestic Abuse Restraining Order SCOTUS Gun Case That Domestic Abuse Restraining Order SCOTUS Gun Case

11-06-2023 , 11:24 AM
The question I have is this case is this someone accused of domestic violence or convicted of domestic violence. Also is there not a case or were Hunter Biden's team looking at appealing to the supreme court that restricting firearms to illegal drug usage is unconstitutional as well
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11-06-2023 , 01:16 PM
Quote:
Originally Posted by d2_e4
The intent that your family had when resisting the British was also to create a judiciary that was separate from and independent to the other branches of government (pop quiz - do you know what these are?) You might want to read up on how that works before you spout off nonsense and come off as an ignorant tit, it really is fascinating stuff.
Our judiciary is corrupt and is paid by the fed govt anyway

Quote:
Originally Posted by Slighted
but we already have gun restrictions. the whole idea is just made up.
Not for long.
That Domestic Abuse Restraining Order SCOTUS Gun Case Quote
11-06-2023 , 02:42 PM
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Originally Posted by PointlessWords
Our judiciary is corrupt and is paid by the fed govt anyway
If you're going to make sweeping infantile generalisations like this, what do you hope to gain by participating in a politics forum?
That Domestic Abuse Restraining Order SCOTUS Gun Case Quote
11-06-2023 , 03:34 PM
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Originally Posted by Rococo
I know that you are going to say that you are just throwing big ideas out there and that the details should be left to those who can be bothered to think about them, but the bolded doesn't seem thought through at all, even if we limit ourselves to federal courts.

First, where does this hypothetical appeals judge (or judges) sit in the judicial hierarchy? Does the judge have the power to review all court decisions or only SCOTUS decisions? If the former, then what is the difference in role between this appeals judge and existing appellate courts and which court hears appeals first? If the latter, are we doing anything besides putting another appellate court on top of the SCOTUS?

Second, as d2 alluded to, we need to distinguish cases where the court is the root cause of the objectionable decision from cases where a bad law (or bad constitution) is the root cause of the objectionable decision. In the former situation, as I said, you are just adding another appellate court into the mix. In the latter situation, you essentially are vesting a judge (or judges) with the enormous power to rewrite or ignore statutory or constitutional law in any situation where the judge thinks, in his or her independent judgment, that adhering to the law would result in a "wrong" decision. To state the obvious, a judge vested with this authority would have enormous power, far more power than any existing court has.

Third, given the enormous power that these new judges will wield, there will be enormous concern over who the judges are, and what they believe. What is the mechanism for selecting these new judges? How will this mechanism avoid all the bullshit that plagues our current process for appointing justices to the SCOTUS?

Fourth, as if often the case with your hypothetical solutions to government problems, you seem to be assuming that this new higher level judge won't function like a human being, but rather will function more like an optimal decision-making robot. Even if we put aside the biggest elephant in the room -- namely, the fact that your idea of optimal, my idea of optimal, and wazz's idea of optimal are all likely to be very different -- there is no particular reason to assume that this new judge will function in the way you imagine. In the real world, this judge is likely to be just as susceptible to error or influence as any other high-level appellate court.
Almost all laws, good and bad, are susceptible to angle shooters, smart criminals, accountants and lawyers finding ways to use them to do bad stuff. If you think it's too complicated to ferret out these cases via new judges just let all appeals court judges invoke the Sklansky exception, if appropriate, when making their decision. (I realize that many do it already without admitting it.)


Note: I wasn't being arrogant. I was thinking of my cousin David Alan Sklansky , big time law professor at Stanford, who just sent me a reply to my email.

"Great to hear from you, Cousin! Hope you're doing well. I don't really have mixed feelings about Rahimi. I think the way the Supreme Court has interpreted the Second Amendment is very hard to defend. If you had told me when I was in law school that one day the Supreme Court would conclude that the Constitution should be interpreted to allow only the kinds of gun regulations that were in place in 1791 ... well, I don't know what I would have thought. It's just such a crazy way to interpret the Constitution. And it's contributing to the high rates of lethal violence in the United States. So I really hope the government prevails in Rahimi."
That Domestic Abuse Restraining Order SCOTUS Gun Case Quote
11-06-2023 , 03:40 PM
Quote:
Originally Posted by David Sklansky
I was thinking of my cousin David Alan Sklansky , big time law professor at Stanford
Really? Wow, that's pretty impressive. Surprised you haven't mentioned him before.
That Domestic Abuse Restraining Order SCOTUS Gun Case Quote
11-06-2023 , 04:34 PM
Quote:
Originally Posted by d2_e4
If you're going to make sweeping infantile generalisations like this, what do you hope to gain by participating in a politics forum?
Member(s) of the Supreme Court are corrupt.

Do you deny this?
That Domestic Abuse Restraining Order SCOTUS Gun Case Quote
11-06-2023 , 04:42 PM
Quote:
Originally Posted by PointlessWords
Member(s) of the Supreme Court are corrupt.

Do you deny this?
Corrupt as in breaking the law? Because than No . Corrupt as in that they take free trips, money .... than yes but so is most of government
That Domestic Abuse Restraining Order SCOTUS Gun Case Quote
11-06-2023 , 04:47 PM
Quote:
Originally Posted by PointlessWords
Member(s) of the Supreme Court are corrupt.

Do you deny this?
This is the claim you made:

"Our judiciary is corrupt and is paid by the fed govt anyway".

If you'd like to support this claim by a). giving examples of corruption of Supreme Court judges b). showing this affected their rulings, please go ahead. You're the one stating the claim, so it's on you to provide the evidence and the rationale for the claim.
That Domestic Abuse Restraining Order SCOTUS Gun Case Quote
11-06-2023 , 04:57 PM
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Originally Posted by lozen
Corrupt as in breaking the law? Because than No . Corrupt as in that they take free trips, money .... than yes but so is most of government
So you’re agreeing our judiciary is corrupt

@d2

Clarence Thomas got gifts from people associated with cases.
Taking the gifts means you’re corrupt. Not mentioning them
On your tax forms is also illegal and corrupt. Your definition isn’t the one we use here.
That Domestic Abuse Restraining Order SCOTUS Gun Case Quote
11-06-2023 , 05:07 PM
Quote:
Originally Posted by PointlessWords
So you’re agreeing our judiciary is corrupt

@d2

Clarence Thomas got gifts from people associated with cases.
Taking the gifts means you’re corrupt. Not mentioning them
On your tax forms is also illegal and corrupt. Your definition isn’t the one we use here.
So did RBG is she corrupt?
That Domestic Abuse Restraining Order SCOTUS Gun Case Quote
11-06-2023 , 05:09 PM
Quote:
Originally Posted by PointlessWords
So you’re agreeing our judiciary is corrupt

@d2

Clarence Thomas got gifts from people associated with cases.
Taking the gifts means you’re corrupt. Not mentioning them
On your tax forms is also illegal and corrupt. Your definition isn’t the one we use here.
I'll stipulate to your facts. You're using this argument to claim that the US does not have a judiciary that is independent of other branches of government, have I understood this correctly?
That Domestic Abuse Restraining Order SCOTUS Gun Case Quote
11-06-2023 , 06:49 PM
Quote:
Originally Posted by PointlessWords
My point was that if men are to be armed regardless of domestic violence status, that women should be armed as well, because men assault and kill women at a much higher rate than the inverse.


I did not realize David was arguing against the ban. It doesn’t make sense to me to argue about things that are clearly illegal. Change the 2a if you want to make gun restrictions. It’s illegal otherwise
It's funny how issues that you believe are so crystal clear that they are beyond argument seem to make it all the way to the Supreme Court.
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11-06-2023 , 06:53 PM
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Originally Posted by lozen
So did RBG is she corrupt?

Yes

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Originally Posted by d2_e4
I'll stipulate to your facts. You're using this argument to claim that the US does not have a judiciary that is independent of other branches of government, have I understood this correctly?
I don’t know. But I don’t see it as completely independent. If a bunch of judges issued rulings like let’s say, oh I dunno, that natives got their land back or slave descendants were properly compensated for their families work, I think the govt would step in and fire those guys.

If judges ruled that presidents like Clinton or trump could go to jail for Epstein then I’d say no they aren’t corrupt. But we saw what happens when the Executive branch gets caught with its pants down(literally); they use the judiciary to eliminate the problem

How could that have happened if they were independent?
That Domestic Abuse Restraining Order SCOTUS Gun Case Quote
11-06-2023 , 06:53 PM
Quote:
Originally Posted by PointlessWords
Our judiciary is corrupt and is paid by the fed govt anyway

there already are gun restrictions

Not for long.
Because you think the corrupt courts are going to remove all the current restrictions?
That Domestic Abuse Restraining Order SCOTUS Gun Case Quote
11-06-2023 , 06:54 PM
Just cause a court is corrupt doesn’t mean every ruling is bad. Being corrupt 1% of the time is still corrupt.
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11-06-2023 , 07:00 PM
Quote:
Originally Posted by PointlessWords
Yes



I don’t know. But I don’t see it as completely independent. If a bunch of judges issued rulings like let’s say, oh I dunno, that natives got their land back or slave descendants were properly compensated for their families work, I think the govt would step in and fire those guys.

If judges ruled that presidents like Clinton or trump could go to jail for Epstein then I’d say no they aren’t corrupt. But we saw what happens when the Executive branch gets caught with its pants down(literally); they use the judiciary to eliminate the problem

How could that have happened if they were independent?
Time for a quick civics lesson. People not being robots, it's hard to design a judicial system where bias and corruption doesn't creep in in insidious ways. However, part of the reason that appellate and supreme court judges have lifetime appointments is exactly to make them immune from retaliation from the executive branch should they issue unfavourable rulings against them.

What ruling(s) are you referring to where judges said that Clinton or Trump couldn't "go to jail for Epstein", whatever that means?
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11-06-2023 , 07:02 PM
We seem to have gone from this:

Quote:
Originally Posted by PointlessWords
Whenever there is a case against the govt, the judges are ruling against the people that pay them. The govt pays judges, plain and simple.
To this:

Quote:
Originally Posted by PointlessWords
Just cause a court is corrupt doesn’t mean every ruling is bad. Being corrupt 1% of the time is still corrupt.
So which is it? Are they corrupt 100% of the time or 1% of the time? Try and use your words and state a claim which is lucid, non-self contradictory, and relevant to this thread.
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11-06-2023 , 07:58 PM
My cousin sent me a second email. Here is the full exchange. Is there really anyone who desn't think he would make a better president than any of those presently running?



David Alan Sklansky

From:
sklansky@stanford.edu
To:
dsklansky@aol.com

Mon, Nov 6 at 11:02 AM

I think what's at issue in the case is whether the Constitution allows the government to make it a crime for someone subject to a domestic violence restraining order to possess a gun. To get a restraining order, you need more than just an accusation, although less than a criminal conviction. So I don't think it's right to say that Rahimi was penalized just based on an accusation. He was placed under a restraining order because a judge concluded that he had committed acts of domestic violence and was likely to do so again. Then he was prosecuted for violating one of the terms of the restraining order, which prohibited him from possessing a gun.

On Mon, Nov 6, 2023 at 10:54 AM dsklansky@aol.com <dsklansky@aol.com> wrote:
II am doing well. Hope you are too. The reason I thought you might have mixed emotions was that the person is being penalized in a way that implies he has been convicted rather than just accused. But maybe the law allows that in certain cases already in which case my thinking that you would have a problem with that was wrong. In any case my thought about your stance wasn't really related to your stance on specifically gun laws.

On Monday, November 6, 2023 at 09:31:35 AM PST, David Alan Sklansky <sklansky@stanford.edu> wrote:


Great to hear from you, Cousin! Hope you're doing well. I don't really have mixed feelings about Rahimi. I think the way the Supreme Court has interpreted the Second Amendment is very hard to defend. If you had told me when I was in law school that one day the Supreme Court would conclude that the Constitution should be interpreted to allow only the kinds of gun regulations that were in place in 1791 ... well, I don't know what I would have thought. It's just such a crazy way to interpret the Constitution. And it's contributing to the high rates of lethal violence in the United States. So I really hope the government prevails in Rahimi.

On Mon, Nov 6, 2023 at 1:05 AM dsklansky@aol.com <dsklansky@aol.com> wrote:
Thinking you may have mixed emotions.
That Domestic Abuse Restraining Order SCOTUS Gun Case Quote
11-06-2023 , 08:00 PM
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Originally Posted by David Sklansky
dsklansky@aol.com
Lol.
That Domestic Abuse Restraining Order SCOTUS Gun Case Quote
11-06-2023 , 08:04 PM
Quote:
Originally Posted by d2_e4
Time for a quick civics lesson. People not being robots, it's hard to design a judicial system where bias and corruption doesn't creep in in insidious ways. However, part of the reason that appellate and supreme court judges have lifetime appointments is exactly to make them immune from retaliation from the executive branch should they issue unfavourable rulings against them.
that's the intent, but it really just gives them a free pass to be as corrupt as they would like with no oversight.

i would think it's clear to see that the lifetime appointments have become a mistake. there's no substantial difference between a lifetime appointment and a Single term limit in terms of outside influence. but now we have all the justices dying in office because the grift is too good to leave.
That Domestic Abuse Restraining Order SCOTUS Gun Case Quote
11-06-2023 , 09:13 PM
Quote:
Originally Posted by d2_e4
Time for a quick civics lesson. People not being robots, it's hard to design a judicial system where bias and corruption doesn't creep in in insidious ways. However, part of the reason that appellate and supreme court judges have lifetime appointments is exactly to make them immune from retaliation from the executive branch should they issue unfavourable rulings against them.

What ruling(s) are you referring to where judges said that Clinton or Trump couldn't "go to jail for Epstein", whatever that means?
Clinton and Epstein were both clients of Epstein and of maxwell.

Neither faced any legal repercussions.
That Domestic Abuse Restraining Order SCOTUS Gun Case Quote
11-06-2023 , 09:16 PM
Quote:
Originally Posted by PointlessWords
Clinton and Epstein were both clients of Epstein and of maxwell.

Neither faced any legal repercussions.
You stated:

Quote:
Originally Posted by PointlessWords
If judges ruled that presidents like Clinton or trump could go to jail for Epstein then I’d say no they aren’t corrupt.
Which judicial rulings, corrupt or otherwise, protected them from facing legal repercussions?
That Domestic Abuse Restraining Order SCOTUS Gun Case Quote
11-06-2023 , 09:21 PM
The usa constiution is a bit too modern to decide this stuff. What we really need to be analysing is what moses & co thought about it.

As to the 'big issue'; I'm against. Precident, elected government changing laws and juries is the way to go
That Domestic Abuse Restraining Order SCOTUS Gun Case Quote
11-06-2023 , 09:34 PM
Quote:
Originally Posted by d2_e4
You stated:



Which judicial rulings, corrupt or otherwise, protected them from facing legal repercussions?
No idea. Why weren’t they prosecuted then?
That Domestic Abuse Restraining Order SCOTUS Gun Case Quote
11-06-2023 , 09:42 PM
Quote:
Originally Posted by PointlessWords
No idea. Why weren’t they prosecuted then?
So you have no idea, yet you know it's because the judiciary is corrupt? Hint: judges don't have any say in who gets indicted or otherwise charged with crimes.

Basically, you're completely ignorant to how any of this works, yet you make sweeping grandstanding statements like you know the subject matter inside out.
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