The Supreme Court discussion thread - Page 123 - Politics and Society -- Two Plus Two Poker Forums

The tl;Dr is that it's going to be 7-2 or 8-1 that Colorado can't decide if someone is an insurrectionist on its own.

Other details matter and they are still TBD, but the idea that a single state can claim someone is an insurrectionist without something that compels all other states to do the same is a legal joke and will be annihilated and even Kagan made it clear it is not what the constitution implies.

So who decides if he committed an insurrection or not

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02-10-2024 , 03:46 PM

#3053

grizy

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That will absolutely not be the basis of the ruling.

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02-10-2024 , 03:49 PM

#3054

Luciom

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Quote:

Originally Posted by PointlessWords

So who decides if he committed an insurrection or not

Must be some federal entity

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02-10-2024 , 04:24 PM

#3055

PointlessWords

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Quote:

Originally Posted by Luciom

Must be some federal entity

Why can’t states decide that on their own

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02-10-2024 , 05:05 PM

#3056

Luciom

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Quote:

Originally Posted by PointlessWords

Why can’t states decide that on their own

because the 14a (that section) was written explicitly to disallow states to elect ex confederate insurrectionists to congress, so it was an explicit impingement on state rights, as Roberts said immediately when the discussion started.

disregard POTUS for a moment, think an house district, if trump is an insurrectionist no state can allow his candidacy for Congress anywhere right? no matter what the state court thinks right? a federal constitution provision doesn't allow that, so it must be a federal entity to tell you who is allowed and who is not under the 14a

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02-10-2024 , 05:22 PM

#3057

PointlessWords

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Does that assume there is a federal entity around to do so

Is there one right now?

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02-10-2024 , 05:24 PM

#3058

Luciom

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Quote:

Originally Posted by PointlessWords

Does that assume there is a federal entity around to do so

Is there one right now?

It's not clear what it should be which is why we need SCOTUS to answer that, hopefully they will clarifi with this decision what exactly will constitute insurrection and disqualify for candidacy in the 50 states.

Remember the law stays even well after Trump is just a bad collective memory

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02-10-2024 , 06:06 PM

#3059

metsandfinsfan

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Trump was acquitted on charges of insurrection in February 2021 by the senate

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02-10-2024 , 06:12 PM

#3060

Brian James

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Quote:

Originally Posted by PointlessWords

So who decides if he committed an insurrection or not

CNN.

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02-10-2024 , 08:23 PM

#3061

Montrealcorp

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Quote:

Originally Posted by metsandfinsfan

Trump was acquitted on charges of insurrection in February 2021 by the senate

https://www.justice.gov/file/19386/download

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We have been asked to consider whether a former President may be indicted and tried for the same offenses for which he was impeached by the House and acquitted by the Senate.1 In 1973, in a district court filing addressing a related question in the criminal tax evasion investigation of Vice President Agnew, the Department took the position that acquittal by the Senate creates no bar to criminal prosecution. A 1973 Office of Legal Counsel (“ OLC” ) memorandum discussing the same question adopted the same position. As far as we are aware, no court has ever ruled on this precise issue. During the impeachment of Judge Alcee Hastings in the late 1980s, though, a district court and both the House and Senate passed on the related question whether an acquittal in a criminal prosecution should bar an impeachment trial for the same offenses. Each of those bodies concluded that the Constitution permits an official to be tried by the Senate for offenses of which he has been acquitted in the courts. Although we recognize that there are reasonable arguments for the opposing view, on balance, and largely for some of the same structural reasons identified in the United States’s filing in the Agnew case and the 1973 OLC memorandum, we think the better view is that a former President may be prosecuted for crimes of which he was acquitted by the Senate. Our conclusion concerning the constitutional permissibility of indictment and trial following a Senate acquittal is of course distinct from the question whether an indictment should be brought in any particular case.

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02-10-2024 , 08:24 PM

#3062

jjjou812

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Quote:

Originally Posted by Luciom

Are you sure you listened to the oral arguments from the Trump v. Anderson case?

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02-11-2024 , 07:10 AM

#3063

metsandfinsfan

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Quote:

Originally Posted by Montrealcorp

https://www.justice.gov/file/19386/download

That's pretty ridiculous and i think the Supreme Court would rule differently

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02-12-2024 , 06:09 PM

#3064

Montrealcorp

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Originally Posted by metsandfinsfan

That's pretty ridiculous and i think the Supreme Court would rule differently

A politicized SC maybe .
But senate ruling as nothing to do with real law …

https://www.supremecourt.gov/about/c...hes%20observed.

Quote:

As the final arbiter of the law, the Court is charged with ensuring the American people the promise of equal justice under law and, thereby, also functions as guardian and interpreter of the Constitution.

The Supreme Court is "distinctly American in concept and function," as Chief Justice Charles Evans Hughes observed

I’m surprise ( sarcastic) u support a judicial system like China where legal Justice is often decided by politicians interest instead of true law ….

By using the word ridiculous probably means you are in favour of president trump should have full immunity too because he told u so ..

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02-13-2024 , 12:33 AM

#3065

metsandfinsfan

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It's not what i support i believe it is what the constitution supports under impeachment

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02-13-2024 , 01:55 AM

#3066

Montrealcorp

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Quote:

Originally Posted by metsandfinsfan

Trump was acquitted on charges of insurrection in February 2021 by the senate

This is what I was addressing too .
Even if he was aquitted by a partisan senate from impeachment or w.e else, he still could be judge by a court of law ….
U know real judicial court of law , like the 2 passages I highlighted u .

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02-21-2024 , 05:44 PM

#3067

Bobo Fett

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This past Sunday's Last Week Tonight with John Oliver was great; all about the SC.

27 days left for Clarence Thomas to take John's million dollar a year (plus a 2 million+ dollar coach) offer!

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02-21-2024 , 05:50 PM

#3068

d2_e4

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Quote:

Originally Posted by Bobo Fett

This past Sunday's Last Week Tonight with John Oliver was great; all about the SC.

27 days left for Clarence Thomas to take John's million dollar a year (plus a 2 million+ dollar coach) offer!

Haven't seen it, but will chip in to comment that Oliver was definitely one of our better exports. All his in depth pieces are fire.

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02-21-2024 , 11:40 PM

#3069

Montrealcorp

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Quote:

Originally Posted by Bobo Fett

This past Sunday's Last Week Tonight with John Oliver was great; all about the SC.

27 days left for Clarence Thomas to take John's million dollar a year (plus a 2 million+ dollar coach) offer!

I have no idea what the story is but do u mean John Oliver offer to pay 1 million for him to retires from SC ?

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02-22-2024 , 10:58 AM

#3070

King Spew

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1 million per year.

Plus a signing bonus of a motor home valued over 2 million.

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02-22-2024 , 11:37 AM

#3071

PointlessWords

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Quote:

Originally Posted by King Spew

1 million per year.

Plus a signing bonus of a motor home valued over 2 million.

thats about what he gets in bribes every year already right?

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02-22-2024 , 01:42 PM

#3072

Luciom

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Quote:

Originally Posted by PointlessWords

thats about what he gets in bribes every year already right?

It's not a bribe if he would have decided the same anyway

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02-22-2024 , 01:50 PM

#3073

PointlessWords

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Quote:

Originally Posted by Luciom

It's not a bribe if he would have decided the same anyway

That’s not the definition of a bribe but good try

Sent from my iPhone using Tapatalk

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02-22-2024 , 05:25 PM

#3074

grizy

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Quote:

Originally Posted by Bobo Fett

This past Sunday's Last Week Tonight with John Oliver was great; all about the SC.

27 days left for Clarence Thomas to take John's million dollar a year (plus a 2 million+ dollar coach) offer!

Great pension fund.

On the Chevron piece though. The court, even RBG and other liberal justices, was growing uneasy over how much Chevron expanded regulatory authority. It was clearly not intended for the deference to be as strong as it is today.

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02-22-2024 , 07:34 PM

#3075

jjjou812

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I did watch some of the right wing commentators claim what Oliver did was illegal but none of them went into great detail. Laughably, three of them said Trump should prosecute him when he wins.

Let’s hope the bait works.

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