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Thread: Supreme Court of the United States

  1. #381
    Senior Member Frequent Poster Shep3's Avatar
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    I’d say the suspense is killing me but old ruthie is one I don’t think will die until she wants to. Old bird is basically being kept alive by spite.

  2. #382
    Moderator Bobsicles's Avatar
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    I just found out Me and Clarence Thomas have the same birthday. Woah 😳
    Thank you for the adventure - Axol

    Tried so hard and got so far, but in the end it doesn’t even matter - Linkin Park

    Hear me, my chiefs! I am tired. My heart is sick and sad. From where the sun now stands, I will fight no more forever. - Hin-mah-too-yah-lat-kekt

    I’m going to the ghost McDonalds - Garcello

  3. #383
    Administrator Heidi's Avatar
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    The Non-Finality of the Death Penalty in the Supreme Court

    This week, a 17-year hiatus on federal executions ended with the executions of Daniel Lewis Lee on Tuesday and Wesley Purkey Thursday morning. Both cases involved decades-old crimes and inmates who had long exhausted channels to review their convictions, but that did not prevent a series of last-minute filings to try to halt the imposition of the death penalty. In both cases, the executions proceeded only after the Supreme Court vacated stays of execution by a 5–4 vote, with the members of the liberal bloc issuing dissenting opinions.

    In 1996, Lee, a white supremacist, robbed and murdered a couple and their eight-year-old daughter, whose bodies were found with plastic bags over their heads months after they were thrown into a bayou. In 1998, Purkey kidnapped, raped, and murdered a 16-year-old high school sophomore, whose remains he dismembered, burned, and dumped into a septic pond.

    Lee’s execution went forward after the Court’s majority rejected a challenge to the lethal injection protocol adopted last year by the Justice Department, single-dose pentobarbital. Such a challenge must meet a high bar in order to succeed, and this one did not come close. Prisoners have repeatedly considered pentobarbital a less painful and risky alternative to other lethal injection protocols, not to mention less painful than other execution methods long considered constitutional, and it has been used without incident to carry out over 100 executions.

    That did not stop Justices Breyer and Sotomayor from issuing dissents Tuesday morning. Breyer, joined by Justice Ginsburg, suggested that the method of execution presented a constitutional question, the solution to which “may be for this Court to directly examine the question whether the death penalty violates the Constitution.” Sotomayor, joined by Justices Ginsburg and Kagan, cited constitutional questions along with administrative law challenges to the change in protocol, but provided few details as to why she considered them meritorious.

    Thursday morning, Breyer and Sotomayor released additional dissents in the Purkey case that voiced similar themes. They further made clear that they were unmoved by the fact that the inmate’s attorneys had disregarded the federal habeas statute when they advanced a last-minute, freestanding constitutional challenge in D.C. based on the inmate’s allegedly diminished mental competency. The record suggests that that claim was weak and the litigation strategy a possible case of forum-shopping in the nation’s capital after the proper Indiana venue where Purkey was incarcerated had ruled against him in another challenge to his conviction.

    Writing for all four dissenters, Sotomayor found the possible procedural irregularities non-dispositive in the face of “constitutional doubt.” Writing for himself and Ginsburg, Breyer launched a short but sweeping critique of the death penalty’s shortcomings. For one thing, he wrote, there is its “inherent arbitrariness,” illustrated in the Lee case by his death sentence while his codefendant, who committed the same crime, got a life sentence. Breyer also discussed the “problem of delay,” which “undermines the penological rationales for the death penalty: deterrence and retribution.” He found a “mounting body of evidence that the death penalty cannot be reconciled with” the need to be “reasonably accurate, fair, humane, and timely.” Therefore, he “remain[ed] convinced of the importance of reconsidering the constitutionality of the death penalty itself.”

    What Breyer suggests conjures the memory of Furman v. Georgia, the 1972 case in which the Court invalidated every existing death penalty statute in the nation. The five justices in the majority each produced separate opinions, but several of them made similar arguments about the death penalty’s seeming arbitrariness. The moratorium did not last, however, and a new generation of death-penalty laws containing additional procedural safeguards was upheld in Gregg v. Georgia (1976).

    Nonetheless, the liberal bloc of the Court has repeatedly voted to whittle down the death penalty, and now it does not seem to matter that this penalty carries more avenues of review to prevent error than any other. That is a major reason for the delay that Breyer laments at the same time he claims a lack of reliability. Moreover, the arbitrariness of the penalty today is a function not of severity, but of its rarity in claiming only a fraction of perpetrators of the most heinous crimes. So would Breyer be happy with reducing procedural safeguards, for the sake of reducing delay, and multiplying the number of executed criminals? Of course not. He wants the complete abolition of the death penalty, beyond the Court-imposed moratorium of the 1970s.

    None of this is to dispute the many legitimate concerns on both sides of the death penalty debate. What is relevant here is that the Constitution does not dictate a particular answer. This is one more issue that could be taken away from the people and their elected representatives by a future Court with a liberal majority.

    https://www.nationalreview.com/bench...supreme-court/
    An uninformed opponent is a dangerous opponent.

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  4. #384
    Senior Member Frequent Poster Alfred's Avatar
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    Justice Ginsburg Says Cancer Has Returned, But Won't Retire

    Justice Ruth Bader Ginsburg is undergoing treatment for a recurrence of cancer, she said Friday in a statement.

    "On May 19, I began a course of chemotherapy (gemcitabine) to treat a recurrence of cancer," Ginsburg's statement said. "A periodic scan in February followed by a biopsy revealed lesions on my liver."

    The justice said her treatment so far has succeeded in reducing lesions on her liver and that she will continue chemotherapy sessions every two weeks.

    “I have often said I would remain a member of the Court as long as I can do the job full steam. I remain fully able to do that," Ginsburg said in the statement issued by the court.

    A medical scan in February revealed growths on her liver, she said, and she began chemotherapy in May.

    “My most recent scan on July 7 indicated significant reduction of the liver lesions and no new disease," she said. “I am tolerating chemotherapy well and am encouraged by the success of my current treatment."

    Earlier this week she was discharged from a hospital after being treated for a possible infection. That and other recent hospitalizations to remove gall stones and treat an infection "were unrelated" to the cancer recurrence, the 87-year-old Ginsburg said.

    Ginsburg, the court's oldest justice, had gone to a hospital in Washington on Monday evening after experiencing fever and chills. She had a procedure at Johns Hopkins Hospital in Baltimore on Tuesday afternoon to clean out a bile duct stent that was placed last August when she was treated for a cancerous tumor on her pancreas. The court said in a statement Tuesday that she would "stay in the hospital for a few days to receive intravenous antibiotic treatment.”

    While Ginsburg was said to be doing well, White House chief of staff Mark Meadows, asked Wednesday by reporters about the possibility of a vacancy on the court before the election, said President Donald Trump would act quickly if any opening were to arise.

    “I can’t imagine if he had a vacancy on the Supreme Court that he would not very quickly make the appointment and look for the Senate to take quick action. That being said, we’re glad Ruth Bader Ginsburg is out of hospital," he said, adding he didn't want any comment to be seen "as we wish her anything but the very best.”

    Senate Majority Leader Mitch McConnell, R-Ky., has said that if there were to be a vacancy on the court during this year's election cycle, the Republican-controlled Senate would likely confirm a nominee selected by Trump. During President Barack Obama’s final year in office, McConnell blocked Obama’s choice of Merrick Garland to replace the late Justice Antonin Scalia, saying the 2016 election should determine who would get to nominate the person to fill Scalia's seat.

    Ginsburg, who was appointed by President Bill Clinton and joined the court in 1993, has been treated four times previously for cancer. In addition to the tumor on her pancreas last year, she was previously treated for colorectal cancer in 1999 and pancreatic cancer in 2009. She had lung surgery to remove cancerous growths in December 2018.

    Ginsburg spent a night in the hospital in May with an infection caused by a gallstone. While in the hospital, she participated in arguments the court heard by telephone because of the coronavirus pandemic.

    https://www.nbcbayarea.com/news/nati...rence/2327954/

  5. #385
    Administrator Helen's Avatar
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    Trump Adds Ted Cruz, Tom Cotton To List Of Potential Supreme Court Picks

    By Alana Wise
    NPR

    President Trump has released an additional 20 names he would select from if any Supreme Court vacancies arise during his remaining time in office, including the president's rival-turned-Senate ally, Ted Cruz. The list also includes Sens. Tom Cotton and Josh Hawley as well as two former U.S. solicitors general.

    The president's running list, which he first compiled in 2016, already included more than a dozen conservative legal minds from across the country. With Wednesday's additions, he adds bulk to the number of justices he would choose from to bolster the court's conservative majority.

    "Over the next four years, the next president will choose hundreds of federal judges and one, two, three, four Supreme Court justices," Trump said during a Wednesday press conference at the White House. He described a bleak picture if "radical left judges" were nominated under Democratic rival Joe Biden.

    Trump's updated list, which includes several women and people of color, reflects the emphasis the Republican Party has to pay in its attempt to court voters more broadly outside of white, often older, reliably conservative circles.

    The Wednesday list includes Daniel Cameron, the Black, conservative Kentucky attorney general who has faced criticism over his handling of the police shooting death of Breonna Taylor, which sparked nationwide protests against police brutality.

    Supreme Court nominations are among the most consequential and long-lasting decisions a president can make. Justices to the highest court in the land have a lifetime appointment and are the final say in controversial decisions such as abortion rights, same-sex marriage and civilian gun ownership.

    In a tweet following Trump's announcement, Hawley, one of a handful of sitting U.S. senators the president said he would choose from if the time came, declined the president's endorsement to the court.

    "I appreciate the President's confidence in listing me as a potential Supreme Court nominee. But as I told the President, Missourians elected me to fight for them in the Senate, and I have no interest in the high court. I look forward to confirming constitutional conservatives," Hawley wrote.

    The full list of Trump's additional picks is as follows:

    Bridget Bade of Arizona, judge on the 9th U.S. Circuit Court of Appeals

    Daniel Cameron of Kentucky, that state's attorney general

    Paul Clement of Virginia, former U.S. solicitor general

    Sen. Tom Cotton of Arkansas

    Sen. Ted Cruz of Texas

    Stuart Kyle Duncan of Louisiana, judge on the 5th U.S. Circuit Court of Appeals

    Steven Engel of the District of Columbia, assistant attorney general for the Office of Legal Counsel at the Department of Justice

    Noel Francisco, former U.S. solicitor general

    Sen. Josh Hawley of Missouri

    James Ho of Texas, judge on the 5th Circuit

    Gregory Katsas of Virginia, judge on the U.S. Court of Appeals for the District of Columbia Circuit

    Barbara Lagoa, a judge from Florida on the 11th U.S. Circuit Court of Appeals

    Christopher Landau of Maryland, U.S. ambassador to Mexico

    Carlos Muñiz of Florida, justice on the Florida Supreme Court

    Martha Pacold of Illinois, judge of the U.S. District Court for the Northern District of Illinois

    Peter Phipps of Pennsylvania, judge on the 3rd U.S. Circuit Court of Appeals

    Sarah Pitlyk of Missouri, judge of the U.S. District Court for the Eastern District of Missouri

    Allison Jones Rushing of North Carolina, judge on the 4th U.S. Circuit Court of Appeals

    Kate Todd of Virginia, deputy assistant to the president and deputy counsel to the president

    Lawrence VanDyke of Nevada, judge on the 9th Circuit

    https://www.npr.org/2020/09/09/91119...l-scotus-picks
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  6. #386
    Moderator Bobsicles's Avatar
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    The Supreme Court has announced the death of Ruth Bader Ginsburg
    Thank you for the adventure - Axol

    Tried so hard and got so far, but in the end it doesn’t even matter - Linkin Park

    Hear me, my chiefs! I am tired. My heart is sick and sad. From where the sun now stands, I will fight no more forever. - Hin-mah-too-yah-lat-kekt

    I’m going to the ghost McDonalds - Garcello

  7. #387
    Administrator Aaron's Avatar
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    You think Kavanaugh was a bruising fight? Just you wait. Trump needs to nominate a woman on his shortlist, preferably Barrett or Rao, ASAP. Vulnerable Republicans need to be prepared to fall on the metaphorical sword. We all know Alaska Woman and Willard will cave.
    Don't ask questions, just consume product and then get excited for next products.

    "They will hurt you. They will hurt your grandma, these people. The root cause of this is there's no discipline in the homes, they don't go to school, you know, they live off the government, no personal accountability, and they just beat people up for no reason, and it's disgusting." - Former Hamilton County Prosecutor Joe Deters

  8. #388
    Administrator Helen's Avatar
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    Can Trump seat a justice before the election?
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  9. #389
    Administrator Aaron's Avatar
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    Is he allowed to? Yes. Even if he loses, they would have until January 3. That's when the current Congress ends.

    Will he be able to? Only time will tell.
    Don't ask questions, just consume product and then get excited for next products.

    "They will hurt you. They will hurt your grandma, these people. The root cause of this is there's no discipline in the homes, they don't go to school, you know, they live off the government, no personal accountability, and they just beat people up for no reason, and it's disgusting." - Former Hamilton County Prosecutor Joe Deters

  10. #390
    Senior Member Frequent Poster Alfred's Avatar
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    Wow, this is huge! Perhaps Trump will fill her seat just as quickly as he did with Chief Judge Reeves on the E.D. of Tenn., who died last week.

    On the one hand, he will have to think deeply about what serves his chances of being reelected most. Possibly Republican supporters are more emboldened to go out and vote if he waits with a nominee, as they'll feel there is something at stake.

    On the other hand, that's a risky strategy: it may embolden democrat voters just as well and if he looses it may be too late to get a nominee approved before January.

    Perhaps nominating a candidate quickly may also demoralize democrat voters and help in the election.... Dilemma's

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