The Power of SCOTUS VIII redux: IX is being blocked by the Senate.

[FadeToBlack&Gold]

Re: The Power of SCOTUS VIII redux: IX is being blocked by the Senate.

Thomas considering retiring.



Warning: the Washington Examiner is a piece of sh-t, and this looks like a classic Echo Chamber tactic to fire up the orcs. "Court watchers" could be two Fox fembots at the vanity pre-show saying, "it would freak out the mouth-breathers if we told them they were gonna lose another justice. Well, I watch Court TV, and I think..."

Just like RBG wouldn't retire once Obama & the Dems lost the Senate, unless he's got major health concerns, I would be shocked if Thomas retires when Hillary wins.

[Kepler]

Re: The Power of SCOTUS VIII redux: IX is being blocked by the Senate.

And for as much crap as Scalia gets on here, it should be noted that today's criminal procedure case out of Utah continued the trend of Breyer siding with the conservatives to uphold the police action while Scalia probably would've been with the three women on the other side. Sotomayor's dissent is particularly biting.

His wife already debunked it as a baseless rumor, but the Echo Chamber is full of it.

[unofan]

Re: The Power of SCOTUS VIII redux: IX is being blocked by the Senate.

Drunk driving decision was handed down today.

By Alito, the forth amendment allows warrantless breath tests but not warrantless blood tests.

Sotomayor, Ginsberg, and Thomas concur in part and dissent in part.

Edit: Sotomayor and RBG would hold both unconstitutional, Thomas would hold both constitutional.

[Kepler]

Re: The Power of SCOTUS VIII redux: IX is being blocked by the Senate.

Drunk driving decision was handed down today.

By Alito, the forth amendment allows warrantless breath tests but not warrantless blood tests.

Sotomayor, Ginsberg, and Thomas concur in part and dissent in part.

Edit: Sotomayor and RBG would hold both unconstitutional, Thomas would hold both constitutional.

Thomas is scary dangerous.

[unofan]

Re: The Power of SCOTUS VIII redux: IX is being blocked by the Senate.

Fisher II also out today. Kennedy for the majority, affirming the fifth circuit 4-3 (Kagan recused) and finding Texas affirmative action program acceptable. The vote was on traditional ideological lines.

That is a shocker.

[ScoobyDoo]

Re: The Power of SCOTUS VIII redux: IX is being blocked by the Senate.

Thomas is scary dangerous.

I bet he'd have an issue with no fly no buy though.

[unofan]

Re: The Power of SCOTUS VIII redux: IX is being blocked by the Senate.

Kennedy's majority opinion is 20 pages. Alito's dissent is 50. Wonder if someone switched votes late in the game.

[Kepler]

Re: The Power of SCOTUS VIII redux: IX is being blocked by the Senate.

Fisher II also out today. Kennedy for the majority, affirming the fifth circuit 4-3 (Kagan recused) and finding Texas affirmative action program acceptable. The vote was on traditional ideological lines.

That is a shocker.

Why do you think Kennedy pulled the switcheroo?

[unofan]

Re: The Power of SCOTUS VIII redux: IX is being blocked by the Senate.

Alito still reading from his dissent, will be at least one more released today.

[unofan]

Why do you think Kennedy pulled the switcheroo?

SCOTUSBlog says it's a narrow opinion. My guess is it's a combination of wanting that case out the door and saying "we set the criteria in Fisher I, the lower court found that criteria met, I'm not going to overturn that purely factual decision."

But I haven't read it yet, so that's just a guess.

[unofan]

Re: The Power of SCOTUS VIII redux: IX is being blocked by the Senate.

Last ones are two 4-4 affirmances by an equally divided court on the immigration question and an Indian Reservation employment case.

That means the deferred-action policy remains blocked by a preliminary injunction and it goes back to the trial judge in Texas to proceed. Expect that to get taken up again swiftly once there's a ninth justice.

[unofan]

Re: The Power of SCOTUS VIII redux: IX is being blocked by the Senate.

3 cases left, presumably all 3 will come on Monday.

Abortion, McDonnell, and a criminal procedure/gun rights case.

Presumably Kagan has the gun rights case, Breyer the abortion case, and the Chief has McDonnell

[Rover]

Re: The Power of SCOTUS VIII redux: IX is being blocked by the Senate.

Fisher II also out today. Kennedy for the majority, affirming the fifth circuit 4-3 (Kagan recused) and finding Texas affirmative action program acceptable. The vote was on traditional ideological lines.

That is a shocker.

My understanding is that Kennedy has had numerous chances to get rid of affirmative action and has punted constantly. Not surprising if when push comes to shove he decided to preserve it.

[Kepler]

Re: The Power of SCOTUS VIII redux: IX is being blocked by the Senate.

Presumably Kagan has the gun rights case, Breyer the abortion case

Are these significant cases? It's nice to see the Good Guys have these opinions.

[Kepler]

Re: The Power of SCOTUS VIII redux: IX is being blocked by the Senate.

My understanding is that Kennedy has had numerous chances to get rid of affirmative action and has punted constantly. Not surprising if when push comes to shove he decided to preserve it.

I'm a little surprised Roberts didn't choose to jump and then write a watered-down majority opinion. He's in a tough position in terms of the politics of the Court. He's almost certainly going to be in the minority for years, yet he's still CJ. From his POV I suppose his task is to limit the "damage."