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The Supreme Court discussion thread The Supreme Court discussion thread

04-28-2024 , 12:26 PM
Quote:
Originally Posted by Rococo
There is plenty to be concerned about with this Supreme Court, but this video is a disgrace.
MSNBC is trying its best to become the Fox of the left wing.
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04-28-2024 , 02:12 PM
Quote:
Originally Posted by Rococo
There is plenty to be concerned about with this Supreme Court, but this video is a disgrace.
What do you think is so bad about it?
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04-28-2024 , 02:15 PM
Quote:
Originally Posted by grizy
You clearly haven't been paying attention if you think this is the case. The vote to let Congress see 1/6 documents was 8-1 and every justice has signaled they are completely disinterested in "absolute" immunity that Trump claims.

Trump shoots someone on 5th Avenue for shitz and gigglez, every one of them will say it's a "private act" in the legal construct they seem to be building and allow a conviction to go forward.
Then why aren't they now laughing the absolute immunity out of the court like they should be doing?
And why won't they say the crimes are all private acts now?

Do you really believe they aren't at least trying to help him stall justice until after the election?
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04-28-2024 , 02:44 PM
Quote:
Originally Posted by chillrob
Then why aren't they now laughing the absolute immunity out of the court like they should be doing?
And why won't they say the crimes are all private acts now?
This was the oral argument. Absolute immunity will be rejected in the opinion.
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04-28-2024 , 02:46 PM
Quote:
Originally Posted by Rococo
This was the oral argument. Absolute immunity will be rejected in the opinion.
Quote:
Originally Posted by chillrob
Do you really believe they aren't at least trying to help him stall justice until after the election?
.
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04-28-2024 , 03:25 PM
steamraise,

The Supreme Court never rules from the bench during oral arguments.
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04-28-2024 , 03:45 PM
Quote:
Originally Posted by Rococo
This was the oral argument. Absolute immunity will be rejected in the opinion.
Can you or anyone explain in like one paragraph why this would be sent back to the lower court? Or direct me if it has been explained earlier in the thread?

I keep hearing this is likely to happen but with no legal explanation why.
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04-28-2024 , 04:09 PM
Quote:
Originally Posted by chillrob
Then why aren't they now laughing the absolute immunity out of the court like they should be doing?
And why won't they say the crimes are all private acts now?

Do you really believe they aren't at least trying to help him stall justice until after the election?
By SCOTUS standards... what they said in the oral arguments were the equivalent of laughing absolute immunity out of court.
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04-28-2024 , 04:30 PM
Quote:
Originally Posted by chillrob
Can you or anyone explain in like one paragraph why this would be sent back to the lower court? Or direct me if it has been explained earlier in the thread?

I keep hearing this is likely to happen but with no legal explanation why.
The Court could, and probably will, rule that the president has immunity for official acts but not private acts and send the case back to the lower courts to determine in the first instance which allegations involve official acts and which allegations involve private conduct.
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04-28-2024 , 05:51 PM
Quote:
Originally Posted by Rococo
The Court could, and probably will, rule that the president has immunity for official acts but not private acts and send the case back to the lower courts to determine in the first instance which allegations involve official acts and which allegations involve private conduct.
That would make sense, but I thought the lower court would have already determined that the charges were all private acts. Did they not rule on that already?
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04-28-2024 , 06:01 PM
Quote:
Originally Posted by Rococo
I'll put the question to you. If Roberts wants to overturn Roe, then why hasn't he pushed the court in that direction? He certainly has had opportunities. You act like he is playing some sort of long game, but that's preposterous. If Roberts wanted to overturn Roe, now would be the time. If a Democrat is elected president for the next eight years, you very easily could wind up with a liberal majority on the court.

Roberts is no liberal. But he is concerned with preserving the reputation of the court. He knows that delivering a complete victory on abortion to the religious right would be disastrous for the court.

And as an aside, Roberts probably thinks (correctly) that it would be terrible politics for the GOP. From the GOP's perspective, the chase to eliminate reproductive rights is good politics. But actually capturing the fugitive (reproductive rights) is terrible, terrible politics. If Roe is ever overturned, you pretty much can pencil in a Democrat as the next POTUS. I probably would bet on a Democratic majority in both houses as well.
You may be Nostradamus.
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04-28-2024 , 06:09 PM
Quote:
Originally Posted by jjjou812
You may be Nostradamus.
Not really. I predicted that Roberts would sway another conservative to his way of thinking. I obviously was wrong about that.
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04-28-2024 , 06:49 PM
Well you were right though

Roe was a pretty unfounded decision. He knew that and avoided it like the plague. But once it got on the docket there isn't much he could do
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04-28-2024 , 08:13 PM
Quote:
Originally Posted by Rococo
Not really. I predicted that Roberts would sway another conservative to his way of thinking. I obviously was wrong about that.
This was the #74 post and was before the death of RBG in September. Roberts became the minority voice and the crazy conservatives had the votes at that time.

This election cycle will tell us if the rest of your prediction comes true but I think Dobbs has been killing the Republicans in the interim.
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04-28-2024 , 08:24 PM
I assume they take the copout and send this **** back down to the lower courts till after the election
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04-28-2024 , 08:30 PM
Quote:
Originally Posted by metsandfinsfan
Well you were right though

Roe was a pretty unfounded decision. He knew that and avoided it like the plague. But once it got on the docket there isn't much he could do
Pro choice dropped the ****ing ball by not passing a law in the last 50 whatever years and sacrificing a few weeks to lock up the rights of 99% of the normal abortion time lines.
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04-28-2024 , 08:50 PM
Quote:
Originally Posted by chillrob
Can you or anyone explain in like one paragraph why this would be sent back to the lower court? Or direct me if it has been explained earlier in the thread?

I keep hearing this is likely to happen but with no legal explanation why.
The easiest way out
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04-28-2024 , 08:52 PM
Quote:
Originally Posted by ntanygd760
Pro choice dropped the ****ing ball by not passing a law in the last 50 whatever years and sacrificing a few weeks to lock up the rights of 99% of the normal abortion time lines.
I had thought this for many years, but if this had been done while democrats were in power, wouldn't it just have been scratched out the next time republicans took power? Or do you think they wouldn't have bothered since Roe was still on the books?
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04-28-2024 , 08:55 PM
Quote:
Originally Posted by ntanygd760
The easiest way out
Yeah, and obviously because they're killing themselves to help Trump in any way they can. But they still have to have a claimed legal basis.

I just can't imagine how the lower court wouldn't have already determined the charges were for public acts. Did they screw up and miss it? Or some real reason why they couldn't have done that previously?

I also don't understand why it couldn't be continued after the election. Certainly no rule about presidents-elect not being subject to prosecution. And I think am ongoing court case should continue even after inauguration. Maybe they couldn't send the president to prison, but his 4 years could be spent knowing that the day he leaves office he will be sent straight there.
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04-28-2024 , 08:55 PM
Quote:
Originally Posted by chillrob
I had thought this for many years, but if this had been done while democrats were in power, wouldn't it just have been scratched out the next time republicans took power? Or do you think they wouldn't have bothered since Roe was still on the books?
You very well be correct but at least they would have made pro life actually try and change it back and judging from every state ballot abortion is on that has gone poorly. I think you get enough republicans who won't stick their neck out to make it not an issue that is winnable.
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04-28-2024 , 09:07 PM
Quote:
Originally Posted by ntanygd760
Pro choice dropped the ****ing ball by not passing a law in the last 50 whatever years and sacrificing a few weeks to lock up the rights of 99% of the normal abortion time lines.
They wanted to keep the fight going.
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04-28-2024 , 09:32 PM
Quote:
Originally Posted by chillrob
I had thought this for many years, but if this had been done while democrats were in power, wouldn't it just have been scratched out the next time republicans took power? Or do you think they wouldn't have bothered since Roe was still on the books?
Yeah roe was on the books so it would have been unconstitutional for them to pass it at that time

But when is the last time the Republicans had a veto proof super majority

Obama said when he campaigned it was priority number 1. He had the super majority for 72 days but decided to push the issue down the road
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04-28-2024 , 09:33 PM
Quote:
Originally Posted by PointlessWords
They wanted to keep the fight going.
For once i agree with pointless

They are actually happy Roe got overturned too. It gives them something to run on
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04-29-2024 , 04:05 AM
Quote:
Originally Posted by ntanygd760
Pro choice dropped the ****ing ball by not passing a law in the last 50 whatever years and sacrificing a few weeks to lock up the rights of 99% of the normal abortion time lines.
It is not clear at all that a federal abortion law is constitutional
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04-29-2024 , 04:45 AM
Quote:
Originally Posted by Luciom
It is not clear at all that a federal abortion law is constitutional
What could it possibly violate?
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