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Who elected these morons!? The Supreme Court Thread

So this is how liberty dies. To the thunderous plinking of gold coins piling on the floor.

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Best Government money can buy.

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There have been serious challenges to the rule of law before and our system of governance has found a way to bounce back.  That WILL happen with this situation.  It will take time, but I have no doubt that this level of just utterly tone-deaf Mr. Burns-level scheming is on its way out.

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It sure as hell isn't going to go down quietly, though.

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Quote:

Originally Posted by yt View Post
 

There have been serious challenges to the rule of law before and our system of governance has found a way to bounce back.  That WILL happen with this situation.  It will take time, but I have no doubt that this level of just utterly tone-deaf Mr. Burns-level scheming is on its way out.



....and I bet it takes all of us with it.

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Quote:

Originally Posted by Ratty View Post
 


....and I bet it takes all of us with it.


GOP- "....if we can't have the country.....NO ONE WILL HAVE IT!!!!"

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Quote:

Originally Posted by VTRan View Post
 

A Supreme Court Justice can be impeached.



http://en.wikipedia.org/wiki/Supreme_Cou...ted_States



Unfortunately, I don't think one should start holding their breath...


If one of the current justices were to be impeached, which one would it have to be to have the best chance of actually being removed from the bench?



It would have to be Thomas or Scalia, wouldn't it? Giving the edge to Thomas since he's had the most obvious conflicts of interest through his wife.

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Quote:
Originally Posted by Ratty View Post
 


....and I bet it takes all of us with it.



It will certainly try and it may be richer but it's outnumbered.



Quote:


Originally Posted by Fafhrd View Post
 

If one of the current justices were to be impeached, which one would it have to be to have the best chance of actually being removed from the bench?



It would have to be Thomas or Scalia, wouldn't it? Giving the edge to Thomas since he's had the most obvious conflicts of interest through his wife.



We can fancast but the Senate would have to do it and unfortunately they would never.  For some reason there's this supposition that the SCOTUS is untouchable, which is a recent phenomenon.



We should all be supporting Movetoamend.org



A constitutional amendment is no less likely but it's something that at least regular people can participate in.

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  Why can't we have nice things like publicly financed elections. I don't think people would miss long elections and the commercials  that go with them. Also it would mean members of Congress would spend all of their time working and none of it raising campaign funds.

I've got good news and I've got bad news. The bad news is that I have lost my way. The good news is that I'm way ahead of schedule.
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Quote:

Originally Posted by yt View Post
 


We can fancast but the Senate would have to do it and unfortunately they would never.  For some reason there's this supposition that the SCOTUS is untouchable, which is a recent phenomenon.



We should all be supporting Movetoamend.org



A constitutional amendment is no less likely but it's something that at least regular people can participate in.


A Dem controlled Senate might, but the current House obviously never would move to impeach a judge. But my point is that if there were to suddenly be massive public pressure to impeach a member of the Supreme Court, it would make sense for the public to pick a member of the court to whom an impeachment would stick to pressure their Congresspersons about.

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Quote:

Originally Posted by Fafhrd View Post
 

A Dem controlled Senate might, but the current House obviously never would move to impeach a judge. But my point is that if there were to suddenly be massive public pressure to impeach a member of the Supreme Court, it would make sense for the public to pick a member of the court to whom an impeachment would stick to pressure their Congresspersons about.



I don't think so.  They'd write it off as irrational mob mentality basically because it puts the onus on them to be the bad guy and ruin some guy's career, even if he is a corrupt %$#^&%s and everyone knows it.  The only path forward is a constitutional amendment.

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Quote:

Originally Posted by Chaz View Post
 

  Why can't we have nice things like publicly financed elections. I don't think people would miss long elections and the commercials  that go with them. Also it would mean members of Congress would spend all of their time working and none of it raising campaign funds.



Maybe you'd like things better in Russia, ye commie bastard!

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Will the Reagan and Bush appointees just die off already?

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Quote:

Originally Posted by Clarence Boddicker View Post
 

Will the Reagan and Bush appointees just die off already?


While that would be one option, I'd much rather that have Scalia, Thomas and Roberts be forced to resign in disgrace after some sort of huge scandal.


It would be more satisfying.



Now, what kind of scandal...hmmm? Bribery? Sex scandal?

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So I was talking to one of my friends about this and he summed it up very nicely, and I will use this as a talking point from now on.


Republicans will do all in their power to prevent the rich from paying one more dollar in taxes which will help us all, but on the


flip side they will also do all in their power to ensure those same rich folks can spend as much as possible to fuck up our


government to run our lives their way. Yeah, the fact that your average voter can't see this when they head to the booth is


honestly just sad.

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Quote:
Originally Posted by DeeWee View Post
 

So I was talking to one of my friends about this and he summed it up very nicely, and I will use this as a talking point from now on.


Republicans will do all in their power to prevent the rich from paying one more dollar in taxes which will help us all, but on the


flip side they will also do all in their power to ensure those same rich folks can spend as much as possible to fuck up our


government to run our lives their way. Yeah, the fact that your average voter can't see this when they head to the booth is


honestly just sad.



to pour salt in the wound....most of the millions of dollars spent on GOP politicians/causes will no doubt be used as some sort of tax write off.....



" what....it's a 'charity....(whispers)for old rich white people"

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Quote:

Originally Posted by DeeWee View Post
 

So I was talking to one of my friends about this and he summed it up very nicely, and I will use this as a talking point from now on.


Republicans will do all in their power to prevent the rich from paying one more dollar in taxes which will help us all, but on the


flip side they will also do all in their power to ensure those same rich folks can spend as much as possible to fuck up our


government to run our lives their way. Yeah, the fact that your average voter can't see this when they head to the booth is


honestly just sad.



It's basically a fucked up version of Spiderman.



With great money, comes absolutely no fucking responsibility whatsoever. Bitches.

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It's basically a fucked up version of Spiderman.



With great money, comes absolutely no fucking responsibility whatsoever. Bitches.



I spilled water on my keyboard, somehow adding Bitches just makes any statement that much better.


I had a quick visual of Chappelle playing Prince handing out pancakes.

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Jon Stewart NAILED IT in this sequence.



ETA:  my bad, I thought the embed code would work.  I guess it doesn't.  Here's the link: Daily Show: Donors Unchained - Quid Pro Quo







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That is definitely straight on point.

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Quote:
Originally Posted by yt View Post
 


Maybe you'd like things better in Russia, ye commie bastard!


Well Russia does suddenly have some nice beach front property on the Black Sea.

I've got good news and I've got bad news. The bad news is that I have lost my way. The good news is that I'm way ahead of schedule.
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Maybe I'm delusional but this could be the turning point in terms of revealing how completely out of touch with reality the five conservative justices are.  One thing Scalia hates is being the butt of jokes, but he, Roberts et al must fully own the open season they just brought on themselves.

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Holy Shit....I agree with....Scalia ?!?!



http://www.scotusblog.com/2014/04/opinio...-tipsters/




AP summary


Quote:

WASHINGTON (AP) -- The Supreme Court says an anonymous tip can be sufficient to justify a decision by police to pull a car over on suspicion of reckless or drunken driving.



The justices voted 5-4 Tuesday to uphold a traffic stop in northern California in which officers subsequently found marijuana in the vehicle. The officers themselves did not see any evidence of reckless driving.



Justice Clarence Thomas said the tip phoned in to 911 that a Ford pickup truck had run the caller off the road was sufficiently reliable to allow for the traffic stop without violating the driver's constitutional rights.



Justice Antonin Scalia wrote the dissent in which he called Thomas' opinion "a freedom-destroying cocktail."



http://hosted.ap.org/dynamic/stories/U/U...TE=DEFAULT



This decision could possibly lead to some serious abuse of the law...

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I love this story but it's giving me wicked false hope inklings of the possibility of getting rid of Scalia.  This b**** wouldn't step down even if he had full blown clinical Dementia.



Quote:

Justice Scalia Makes Epic Blunder In Supreme Court Opinion


Sahil Kapur


It's not often that a Supreme Court justice makes a factual blunder in a formal opinion.



Legal experts say Justice Antonin Scalia erred in his dissent in the 6-2 decision Tuesday to uphold the Environmental Protection Agency's authority to regulate coal pollution that moves across state lines.



The Reagan-appointed jurist argued that the majority's decision was inconsistent with a unanimous 2001 ruling which he mistakenly said shot down EPA efforts to consider costs when setting regulations.



"This is not the first time EPA has sought to convert the Clean Air Act into a mandate for cost-effective regulation. Whitman v. American Trucking Assns., Inc., 531 U. S. 457 (2001), confronted EPA's contention that it could consider costs in setting [National Ambient Air Quality Standards]," Scalia wrote in his dissent, which was joined by Justice Clarence Thomas.



The problem: the EPA's position in the 2001 case was exactly the opposite. The agency was defending its refusal to consider cost as a counter-weight to health benefits when setting certain air quality standards. It was the trucking industry that wanted the EPA to factor in cost. The 9-0 ruling sided with the EPA. The author of the ruling that Scalia mischaracterized? Scalia himself.



The conservative justice's error was noted by University of California-Berkeley law professor Dan Farber, who called it "embarrassing" and a "cringeworthy blunder."




Source: TPM

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I know it's a whole can of worms, but the term 'Reagan-appointed jurist' just seems so...anachronistic, and infuriating. Think of all the advances we've gone through, and yet...



I guess 'appointee for life' meant something different when you only lived to be 60.

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I was just about to post that info about the EPA/SCOTUS ruling.



More specifically, I was going to wonder out loud if there is such a thing as Judicial Bipolar disorder.

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Quote:
Originally Posted by yt View Post
 

I love this story but it's giving me wicked false hope inklings of the possibility of getting rid of Scalia.  This b**** wouldn't step down even if he had full blown clinical Dementia.





Source: TPM



Weird, considering opinions are almost always researched and written by law clerks, i.e. young, ambitious, and, in the case of federal courts in general and the Supreme Court in particular, the cream of the crop of the Ivy League law schools. Getting a small detail of a case wrong would be weird enough, but to get a Supreme Court case from less than 15 years ago completely backwards is just bizarre. Like "Olivier performing Hamlet and forgetting his lines in the middle of the 'To be or not to be' soliloquy" bizarre. I wonder who's clerking for Scalia right now.

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Quote:

Originally Posted by Curiosity Cosby View Post
 


Weird, considering opinions are almost always researched and written by law clerks, i.e. young, ambitious, and, in the case of federal courts in general and the Supreme Court in particular, the cream of the crop of the Ivy League law schools. Getting a small detail of a case wrong would be weird enough, but to get a Supreme Court case from less than 15 years ago completely backwards is just bizarre. Like "Olivier performing Hamlet and forgetting his lines in the middle of the 'To be or not to be' soliloquy" bizarre. I wonder who's clerking for Scalia right now.



But even so, he'd have to have at least reviewed it, and f***ing Scalia wrote the majority opinion in the case in question.  This is the guy basically driving the law of the land at this time.  I don't wish ill on anybody, but even when not embarrassing blunders like this, Scalia seems to be completely disconnected from reality.

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Quote:

Originally Posted by yt View Post
 


But even so, he'd have to have at least reviewed it, and f***ing Scalia wrote the majority opinion in the case in question.  This is the guy basically driving the law of the land at this time.  I don't wish ill on anybody, but even when not embarrassing blunders like this, Scalia seems to be completely disconnected from reality.



Yeah, I don't mean to give the impression that Scalia doesn't bear any blame for this forehead-slapper. He has people to sit down and draft it for him, but he put his name on it and sure as hell should've caught that, since it was about a prior opinion that, you know, he wrote. Just because the president doesn't sit down and write his own speeches doesn't mean he isn't responsible for their content once he says them. It's just so weird that such a glaring mistake could've slipped through the cracks, given all the presumably hyper-qualified people working for him.

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Quote:

Originally Posted by Curiosity Cosby View Post
 


Yeah, I don't mean to give the impression that Scalia doesn't bear any blame for this forehead-slapper. He has people to sit down and draft it for him, but he put his name on it and sure as hell should've caught that, since it was about a prior opinion that, you know, he wrote. Just because the president doesn't sit down and write his own speeches doesn't mean he isn't responsible for their content once he says them. It's just so weird that such a glaring mistake could've slipped through the cracks, given all the presumably hyper-qualified people working for him.



I still say the fish stinks for the head! Smile

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apparently, the opinion has edited to correct the 'error'....



Quote:

http://legal-planet.org/2014/04/29/more-...s-victory/



[NOTE: After this was posted, the opinion on the Court's website was revised to eliminate Scalia's error. Of course, as corrected, the case no longer fits Scalia's overall thesis of the "unelected officials" trying to override Congressional policy.]



...does this qualify as a 'take back'   ; )

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AOf course, this is in keeping with Article III of the Constitution, which, among other things, clearly allows each Justice one "mulligan" or "do-over" per session. It also provides for complimentary letting out of Justices' robes to accommodate their ballooning girth.
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What would have been the outcome of this decision if the majority of the prayers were of a non-xtian variety...Muslim, Hindu, Buddhist, Scientologist...???


I can only imagine that the outrage from the xtian community would have been, well....biblical.


Quote:

Supreme Court Allows Prayers at Town Meetings



WASHINGTON — The Supreme Court on Monday ruled that a town in upstate New York may begin its public meetings with a prayer from a “chaplain of the month.”


Justice Anthony M. Kennedy, writing for the majority in the 5-to-4 decision, said “ceremonial prayer is but a recognition that, since this nation was founded and until the present day, many Americans deem that their own existence must be understood by precepts far beyond that authority of government to alter or define.”



In dissent, Justice Elena Kagan said the town’s practices could not be reconciled “with the First Amendment’s promise that every citizen, irrespective of her religion, owns an equal share of her government.”



Town officials said that members of all faiths, and atheists, were welcome to give the opening prayer. In practice, the federal appeals court in New York said, almost all of the chaplains were Christian.



Two town residents sued, saying the prayers ran afoul of the First Amendment’s prohibition of government establishment of religion.



<cont>

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Looks like the SCOTUS bipolar meds were working during rendering the verdict on this case...


Quote:

The Supreme Court unanimously ruled that police generally may not search the cellphones of Americans who have been arrested without a search warrant.



On Wednesday, the Supreme Court unanimously ruled that police generally may not search the cellphones of Americans who have been arrested without a search warrant. (You can read the decision here; it's also posted below.) In a sweeping win for digital privacy rights, the justices recognized that cellphones contain "vast quantities of personal information" and are fundamentally different than other items that a person might have on his or her body when arrested.



"Before cell phones, a search of a person was limited by physical realities and generally constituted only a narrow intrusion on privacy. But cell phones can store millions of pages of text, thousands of pictures or hundreds of videos. This has several interrelated privacy consequences," reads the opinion, which reverses the decision of the California appellate court in Riley v. California.



The justices concluded that officers may examine the phone’s physical aspects to ensure that it will not be used as a weapon, but may not comb through the data without a warrant. "It is true that this decision will have some impact on the ability of law enforcement to combat crime. But the Court’s holding is not that the information on a cellphone is immune from search; it is that a warrant is generally required before a search."



<cont>

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The Aereo decision makes no sense, will result in a ton of litigation over cloud based content distribution, and represents a Napster-esque rejection of new technologies by an existing industry.



I could understand some of the arguments behind the DVR-like functionality of Aereo.  What I don't understand is why the real-time streaming of yoru own, discrete, individual signal from a discrete, individual antenna that you lease somehow represents a performance, rebroadcast, or any other form of copyright infringement.



If I were to rent an adjacent empty lot, rent an antenna, stick the antenna in the lot, and then run the cable to my house, nobody would ever argue that the owner of the lot that I was leasing was somehow faciliating coypright infringement.  Yet, somehow, when you expand that analogy to a million people, instead of just one, the Supreme Court decided that it did, in fact, constitute infringement.



I can only assume that the Court was looking at the practical effects of their ruling rather than the actual law.  Or, they are octogenarians who can't grasp current technology.

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