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Thread: Power of the SCOTUS IX: The outlook wasn’t brilliant for the SCOTUS nine that day

  1. #461
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    Re: Power of the SCOTUS IX: The outlook wasn’t brilliant for the SCOTUS nine that day

    Looking ahead, arguments are done and all that's left is waiting for the opinions. The court has about 2/3rds of the opinions done, and probably another 15 or so will be easy ones from the March and April sittings that just haven't had enough time to get done yet.

    That leaves about 9 or 10 that are bigger cases or otherwise seem to be taking awhile.

    The only one left from November involves a citizenship question regarding differences in treatment between fathers and mothers when conveying citizenship to their foreign born children. Ginsberg is likely writing it, since she is the only one without an opinion in November.

    The two left from December include one on alien detentions and then the North Carolina redistricting challenge under the VRA. Roberts presumably has the voting case, and Alito likely has the other one, though Kagan also doesn't have an opinion from that month.

    Too many left to predict authors from other months. Among the bigger cases are the Missouri church playground funding, qualified immunity challenges regarding post 9/11 detentions of Muslims, the disparagement provision of the Lanham Acct regarding trademarks (which would directly affect the Redskins trademark case), whether social media restrictions on sex offenders is constitutional (doubtful), and whether the fourth amendment applies when a Mexican kid is killed on Mexican soil by a us border agent after playing in the border area.
    Last edited by unofan; 05-02-2017 at 10:46 AM.

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    Re: Power of the SCOTUS IX: The outlook wasn’t brilliant for the SCOTUS nine that day

    Kind of shocked by this one.

    https://www.nytimes.com/2017/05/15/u...smtyp=cur&_r=0

    With Gorsuch now on it looks like an easy 5-4 win for conservatives. The Supreme's actually went liberal by not taking up the case.
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    Re: Power of the SCOTUS IX: The outlook wasn’t brilliant for the SCOTUS nine that day

    Quote Originally Posted by ScoobyDoo View Post
    Kind of shocked by this one.

    https://www.nytimes.com/2017/05/15/u...smtyp=cur&_r=0

    With Gorsuch now on it looks like an easy 5-4 win for conservatives. The Supreme's actually went liberal by not taking up the case.
    It looks like Roberts told NC to figure out who is in charge of the state government to bring the case to the Supremes. It was brought by the old Republican governor, the new Dem asked it to be dismissed, and the state legislature wanted it appealed.
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    Re: Power of the SCOTUS IX: The outlook wasn’t brilliant for the SCOTUS nine that day

    Quote Originally Posted by ScoobyDoo View Post
    Kind of shocked by this one.

    https://www.nytimes.com/2017/05/15/u...smtyp=cur&_r=0

    With Gorsuch now on it looks like an easy 5-4 win for conservatives. The Supreme's actually went liberal by not taking up the case.
    I dont think Gorsuch would have voted with the conservatives on that one FWIW.
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    Quote Originally Posted by Handyman View Post
    I dont think Gorsuch would have voted with the conservatives on that one FWIW.
    Don't forget. All reports had him closer to Thomas than Scalia.

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    Re: Power of the SCOTUS IX: The outlook wasn’t brilliant for the SCOTUS nine that day

    Quote Originally Posted by ScoobyDoo View Post
    Don't forget. All reports had him closer to Thomas than Scalia.
    Yes I know and I have no evidence to back it up but he doesnt strike me as the type that would go for the law as written. He may be in bed with Big Business but he doesnt seem like he is on the side of restricting people's right to vote based on their color/socio-economic class. (nor do I think Roberts would either)

    I dont think the SC will ever touch a case like that for a ton of reasons.
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    Quote Originally Posted by Handyman View Post
    Yes I know and I have no evidence to back it up but he doesnt strike me as the type that would go for the law as written. He may be in bed with Big Business but he doesnt seem like he is on the side of restricting people's right to vote based on their color/socio-economic class. (nor do I think Roberts would either)

    I dont think the SC will ever touch a case like that for a ton of reasons.
    Roberts wrote the decision gutting the Voting Rights Act, leading to one of Ginsburg's best lines ever about closing an umbrella in the rain because you're dry and therefore it must not be needed.

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    Re: Power of the SCOTUS IX: The outlook wasn’t brilliant for the SCOTUS nine that day

    That is right...I completely forgot that.
    "It's as if the Drumpf Administration is made up of the worst and unfunny parts of the Cleveland Browns, Washington Generals, and the alien Mon-Stars from Space Jam."
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    "Scenes in "Empire Strikes Back" that take place on the tundra planet Hoth were shot on the present-day site of Ralph Engelstad Arena."
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    Re: Power of the SCOTUS IX: The outlook wasn’t brilliant for the SCOTUS nine that day

    That is a great line.

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    Re: Power of the SCOTUS IX: The outlook wasn’t brilliant for the SCOTUS nine that day

    I think you put those in the wrong thread...
    "It's as if the Drumpf Administration is made up of the worst and unfunny parts of the Cleveland Browns, Washington Generals, and the alien Mon-Stars from Space Jam."
    -aparch

    "Scenes in "Empire Strikes Back" that take place on the tundra planet Hoth were shot on the present-day site of Ralph Engelstad Arena."
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    Of course I'm a fan of the Vikings. A sick and demented Masochist of a fan, but a fan none the less.
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    Re: Power of the SCOTUS IX: The outlook wasn’t brilliant for the SCOTUS nine that day

    Quote Originally Posted by Handyman View Post
    I think you put those in the wrong thread...
    Put what?






















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    Re: Power of the SCOTUS IX: The outlook wasn’t brilliant for the SCOTUS nine that day

    SCOTUS will not hear North Carolina's Voter ID appeal.

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    Re: Power of the SCOTUS IX: The outlook wasn’t brilliant for the SCOTUS nine that day

    SCOTUS also strikes down 2 congressional districts in racial gerrymandering case.

    http://www.npr.org/sections/thetwo-w...h-caroli?sc=tw
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    Quote Originally Posted by ShirtlessBob View Post
    SCOTUS also strikes down 2 congressional districts in racial gerrymandering case.

    http://www.npr.org/sections/thetwo-w...h-caroli?sc=tw
    Maryland still stands.

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    Re: Power of the SCOTUS IX: The outlook wasn’t brilliant for the SCOTUS nine that day

    Deciding vote was....Clarence Thomas???

    Good for them. Gerrymandering unfortunately has to be curbed and if that costs Dems a few seats in Illinois or Mass or wherever so be it (CA is an independent commission I believe). Next big case is the Wisconsin one.
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    Re: Power of the SCOTUS IX: The outlook wasn’t brilliant for the SCOTUS nine that day

    Quote Originally Posted by Rover View Post
    Deciding vote was....Clarence Thomas???
    He's done that on at least one other race issue. Conservatives do seem to be theoretically capable of empathy as long as they are sufficiently like the injured party. c.f. Sandra Dee saves Roe.
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    Re: Power of the SCOTUS IX: The outlook wasn’t brilliant for the SCOTUS nine that day

    Quote Originally Posted by joecct View Post
    Maryland still stands.
    Isn't that because Maryland is gerrymandered by partisanship and not along racial boundaries? Or is it more that Maryland didn't make changes? I have no idea since I didn't really follow gerrymandering new until the last year or two.
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    Re: Power of the SCOTUS IX: The outlook wasn’t brilliant for the SCOTUS nine that day

    Quote Originally Posted by dxmnkd316 View Post
    Isn't that because Maryland is gerrymandered by partisanship and not along racial boundaries?
    Yes, the Court doesn't want to become a political arbitrator. But partisan gerrymandering like MD is also destructive of democracy and we need a way to ban it too.
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    Re: Power of the SCOTUS IX: The outlook wasn’t brilliant for the SCOTUS nine that day

    http://www.slate.com/articles/news_a...stricting.html

    Interesting write up of the racial gerrymandering case and what it tells us about a potential decision in the political gerrymandering case. It focuses on Kennedy joining Alito's dissent in full, which seemed to point to a defeat for those hoping to end partisan gerrymandering.

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    Re: Power of the SCOTUS IX: The outlook wasn’t brilliant for the SCOTUS nine that day

    Quote Originally Posted by dxmnkd316 View Post
    http://www.slate.com/articles/news_a...stricting.html

    Interesting write up of the racial gerrymandering case and what it tells us about a potential decision in the political gerrymandering case. It focuses on Kennedy joining Alito's dissent in full, which seemed to point to a defeat for those hoping to end partisan gerrymandering.
    My understanding with Kennedy is that he needs a quantifiable way to determine unlawful redistricting for partisan purposes. That's the Wisconsin case which focuses on the concept of wasted voters. That particular case was brought up with him in mind. In the meantime he'll continue to be a wildcard - voting with the minority in this case but once again being the deciding vote to preserve the legality of independent commissions drawing the lines instead of the legislature.
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