What's a SCOTUS to do?

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Re: What's a SCOTUS to do?

Post by houndawg »

GannonFan wrote: Tue Jan 09, 2024 10:51 am
kalm wrote: Tue Jan 09, 2024 8:16 am

Skepticism is healthy. :nod:

I’m just saying a number of them will typically make a strong prediction either way. With this issue they all seem to be saying ‘who knows?’
Nothing wrong with skepticism, as long as it doesn't perpetually get in the way of coming to a conclusion.

As for this case, you could see two outcomes. I, for one, can't even fathom why this clause wouldn't apply to the President. That part, and arguing that the President is immune from this part of the amendment, is just silly. Hopefully the Court at least goes 9-0 on that part of the argument.

As for whether Trump is an insurrectionist, even if he is (pretty good argument that he is, as I said, I would've voted to impeach and I would've voted to remove from office), I still think there's a due process of going through before we get to that. People talking about Sec 3 of the amendment tend not to point to Sec 5 of the amendment, where Congress is given the power to enforce this amendment. I think it's a fairly straightforward argument that Congress did just that when it wrote into 18 US Code 2383 the penalty for insurrection or rebellion, and that the wording there very closely resembles the wording in the amendment. So if it exists in the criminal code, why can anyone be found guilty of violating that code without an actual criminal trial? Is there any other crime out there where we can just declare someone guilty without a trial? I still would be surprised if this isn't 9-0 as well. Maybe Sotomayor dissents because she seems to have taken up the Clarence Thomas role but on the left side of the court, but I would be very surprised if Kagan goes that route, and I would be surprised if Gorsuch takes such a leap as to dissent as well. Brown Jackson is too new for me to have any read on what she'd do. My prediction is likely 8-1, but I could see 7-2 or 9-0.

Would've been great if we did something more productive over the last 3 years and just charged and convicted Trump of insurrection - heck, it's been more than a year since the 1/6 commission finished, but hey, that would take out all the political scheming then and what fun would that be?
Yeah, were really showing them how to productive now... :roll:
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Re: What's a SCOTUS to do?

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About Joey Rotten, the enabler and chief….

Idiot will pull all strings necessary to waive student debt by executive order, but he can’t do it for his border disaster
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Re: What's a SCOTUS to do?

Post by BDKJMU »

kalm wrote: Mon Jan 08, 2024 6:18 pm
GannonFan wrote: Mon Jan 08, 2024 2:18 pm

I have a hard time seeing it as a toss-up. Do you really think the SCOTUS will go the route of all 50 states deciding on their own whether a person stays on the ballot or not? That seems unlikely. That opens it up to tremendous malfeasance. Already there are rumblings to toss off Representatives that challenge election results, as folks in Congress have been doing increasingly, on both sides of the aisle, since 2000. Leaving it open for 50 states to come up with 50 interpretations is unlikely for a SCOTUS that has already agreed to hear the case. I also don't think you'll see this SCOTUS (or likely any other in the future) deciding on their own to toss someone off the ballots - that's a real ballsy step for any court to take, and certainly with the make-up of this court, I don't see them deciding to make that decision on their own.

The most likely outcome is the Court will say you have to have a process in place that allows due process to either convict someone of insurrection or a similar due process to strike someone for a ballot for the same. I don't think any of the states so far have really done that.

I do hope whatever the Court decides they find a way to make it unanimous. Whatever they decide, the worst thing to do would be to go 5-4 or 6-3 with it and make it partisan.

I do think he stays on the ballot, and if he does then the Dems likely hold on to the White House. Trump is just that abominable.
I say toss up as it seems the law pundits are having difficulty calling it either way.

Regarding states and processes we’ve already scene Maine and Colorado have different types. I’m not saying they’re satisfactory but they are different. The fact it’s a federal election throws a wrinkle into everything.
Total toss up.. :rofl: You mean a bunch of radical leftists who were having difficulty calling it either way
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Re: What's a SCOTUS to do?

Post by SeattleGriz »

BDKJMU wrote: Mon Mar 04, 2024 6:42 pm
kalm wrote: Mon Jan 08, 2024 6:18 pm

I say toss up as it seems the law pundits are having difficulty calling it either way.

Regarding states and processes we’ve already scene Maine and Colorado have different types. I’m not saying they’re satisfactory but they are different. The fact it’s a federal election throws a wrinkle into everything.
Total toss up.. :rofl: You mean a bunch of radical leftists who were having difficulty calling it either way
Klam and his law pundits like Mueller She Wrote nailing it! :lol:
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Re: What's a SCOTUS to do?

Post by Caribbean Hen »

SeattleGriz wrote: Mon Mar 04, 2024 6:45 pm
BDKJMU wrote: Mon Mar 04, 2024 6:42 pm
Total toss up.. :rofl: You mean a bunch of radical leftists who were having difficulty calling it either way
Klam and his law pundits like Mueller She Wrote nailing it! :lol:
I would say Kalm has a long history of being wrong but I haven’t been around here long enough just yet
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Re: What's a SCOTUS to do?

Post by kalm »

SeattleGriz wrote: Mon Mar 04, 2024 6:45 pm
BDKJMU wrote: Mon Mar 04, 2024 6:42 pm
Total toss up.. :rofl: You mean a bunch of radical leftists who were having difficulty calling it either way
Klam and his law pundits like Mueller She Wrote nailing it! :lol:
I’m sorry that people who know more than you about the constitution had questions.

Nice over-reach in this one tho. States rights and original intent be damned. :lol:
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Re: What's a SCOTUS to do?

Post by houndawg »

Caribbean Hen wrote: Tue Mar 05, 2024 7:03 am
SeattleGriz wrote: Mon Mar 04, 2024 6:45 pm

Klam and his law pundits like Mueller She Wrote nailing it! :lol:
I would say Kalm has a long history of being wrong but I haven’t been around here long enough just yet
they brought you up too soon, a little more seasoning in the minors and you might be able to cut it someday
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Re: What's a SCOTUS to do?

Post by Caribbean Hen »

houndawg wrote: Tue Mar 05, 2024 8:22 am
Caribbean Hen wrote: Tue Mar 05, 2024 7:03 am

I would say Kalm has a long history of being wrong but I haven’t been around here long enough just yet
they brought you up too soon, a little more seasoning in the minors and you might be able to cut it someday
:lol:

You need to go down to the minors and see how many Homers you hit… on here you’re like Manny Mota, The 69 year old pinch hitter
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Re: What's a SCOTUS to do?

Post by houndawg »

GannonFan wrote: Mon Jan 08, 2024 2:18 pm
kalm wrote: Mon Jan 08, 2024 1:52 pm

It seems like a total toss up.

There are 16 additional states waiting in the wings where’s he’s being contested as a candidate on some level.
I have a hard time seeing it as a toss-up. Do you really think the SCOTUS will go the route of all 50 states deciding on their own whether a person stays on the ballot or not? That seems unlikely. That opens it up to tremendous malfeasance. Already there are rumblings to toss off Representatives that challenge election results, as folks in Congress have been doing increasingly, on both sides of the aisle, since 2000. Leaving it open for 50 states to come up with 50 interpretations is unlikely for a SCOTUS that has already agreed to hear the case. I also don't think you'll see this SCOTUS (or likely any other in the future) deciding on their own to toss someone off the ballots - that's a real ballsy step for any court to take, and certainly with the make-up of this court, I don't see them deciding to make that decision on their own.

The most likely outcome is the Court will say you have to have a process in place that allows due process to either convict someone of insurrection or a similar due process to strike someone for a ballot for the same. I don't think any of the states so far have really done that.

I do hope whatever the Court decides they find a way to make it unanimous. Whatever they decide, the worst thing to do would be to go 5-4 or 6-3 with it and make it partisan.

I do think he stays on the ballot, and if he does then the Dems likely hold on to the White House. Trump is just that abominable.
I'm giving myself partial credit, he did stay on the ballot and SCOTUS punted on the insurrection question - which looks like it would be 6-3/5-4

It wouldn't be that ballsy of a move if the candidate were a convicted felon
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Re: What's a SCOTUS to do?

Post by GannonFan »

houndawg wrote: Tue Mar 05, 2024 10:38 am
GannonFan wrote: Mon Jan 08, 2024 2:18 pm

I have a hard time seeing it as a toss-up. Do you really think the SCOTUS will go the route of all 50 states deciding on their own whether a person stays on the ballot or not? That seems unlikely. That opens it up to tremendous malfeasance. Already there are rumblings to toss off Representatives that challenge election results, as folks in Congress have been doing increasingly, on both sides of the aisle, since 2000. Leaving it open for 50 states to come up with 50 interpretations is unlikely for a SCOTUS that has already agreed to hear the case. I also don't think you'll see this SCOTUS (or likely any other in the future) deciding on their own to toss someone off the ballots - that's a real ballsy step for any court to take, and certainly with the make-up of this court, I don't see them deciding to make that decision on their own.

The most likely outcome is the Court will say you have to have a process in place that allows due process to either convict someone of insurrection or a similar due process to strike someone for a ballot for the same. I don't think any of the states so far have really done that.

I do hope whatever the Court decides they find a way to make it unanimous. Whatever they decide, the worst thing to do would be to go 5-4 or 6-3 with it and make it partisan.

I do think he stays on the ballot, and if he does then the Dems likely hold on to the White House. Trump is just that abominable.
I'm giving myself partial credit, he did stay on the ballot and SCOTUS punted on the insurrection question - which looks like it would be 6-3/5-4

It wouldn't be that ballsy of a move if the candidate were a convicted felon
You're just guessing at the insurrection question. Since it wasn't even up for debate there's nothing to even go off of except guessing.

And it's not just being a convicted felon, but specifically being a convicted felon related to insurrection that triggers the 14th amendment. If someone would actually pursue that charge, which so far Trump has miraculously not been charged with, then we could use the 14th. But this SCOTUS ruling cleared up that we can't just "wish" a conviction into being and proceed as if we have that.
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Re: What's a SCOTUS to do?

Post by houndawg »

GannonFan wrote: Tue Mar 05, 2024 10:54 am
houndawg wrote: Tue Mar 05, 2024 10:38 am

I'm giving myself partial credit, he did stay on the ballot and SCOTUS punted on the insurrection question - which looks like it would be 6-3/5-4

It wouldn't be that ballsy of a move if the candidate were a convicted felon
You're just guessing at the insurrection question. Since it wasn't even up for debate there's nothing to even go off of except guessing.

And it's not just being a convicted felon, but specifically being a convicted felon related to insurrection that triggers the 14th amendment. If someone would actually pursue that charge, which so far Trump has miraculously not been charged with, then we could use the 14th. But this SCOTUS ruling cleared up that we can't just "wish" a conviction into being and proceed as if we have that.
Its a guess only in so far as it pertains to the technical definition as to what constitutes an insurrection, which has apparently not been done yet in our short history? He said what he said and he did what he did right in front of god and everybody - maybe it doesn't fit the technical dedinition of insurrection, but we all saw the scheme to prevent the peaceful transfer of power in real time with our own eyes.


What's surprising to me is how the Republicans think that keeping as the nominee the one guy that Joe Biden can beat is a good thing after the piss-pounding they've taken in every election since their fluke EC win in '16.
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Re: What's a SCOTUS to do?

Post by GannonFan »

houndawg wrote: Tue Mar 05, 2024 11:15 am
GannonFan wrote: Tue Mar 05, 2024 10:54 am

You're just guessing at the insurrection question. Since it wasn't even up for debate there's nothing to even go off of except guessing.

And it's not just being a convicted felon, but specifically being a convicted felon related to insurrection that triggers the 14th amendment. If someone would actually pursue that charge, which so far Trump has miraculously not been charged with, then we could use the 14th. But this SCOTUS ruling cleared up that we can't just "wish" a conviction into being and proceed as if we have that.
Its a guess only in so far as it pertains to the technical definition as to what constitutes an insurrection, which has apparently not been done yet in our short history? He said what he said and he did what he did right in front of god and everybody - maybe it doesn't fit the technical dedinition of insurrection, but we all saw the scheme to prevent the peaceful transfer of power in real time with our own eyes.


What's surprising to me is how the Republicans think that keeping as the nominee the one guy that Joe Biden can beat is a good thing after the piss-pounding they've taken in every election since their fluke EC win in '16.
Hey, I would've voted to impeach him and remove him from office back in January 2021 when it all went down. As for what constitutes an insurrection, having a legal track record of cases is how that definition gets developed. We do have examples of folks being disqualified from running, dating from he 1860's till now. If someone would actually charge Donald with insurrection then we could add to that legal track record. However, we are either seemingly unable to or unwilling to charge him with insurrection, so here we are.

As for the GOP sticking with Trump, hey, they're just a stubborn group of people lately, and inching towards misogyny to boot. But with that said, they did win control of the House last election and even with Trump headlining the ticket they're the betting favorite to win the Senate this time around. Amazing as it is that the GOP is stubbornly sticking with Trump, it's equally amazing that the Dems have not really taken advantage of this period to move the political needle their way. It's more an indication of the poor state of both political parties right now that they best they can offer is Trump and Biden.
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Re: What's a SCOTUS to do?

Post by UNI88 »

GannonFan wrote: Tue Mar 05, 2024 12:10 pm
houndawg wrote: Tue Mar 05, 2024 11:15 am
Its a guess only in so far as it pertains to the technical definition as to what constitutes an insurrection, which has apparently not been done yet in our short history? He said what he said and he did what he did right in front of god and everybody - maybe it doesn't fit the technical dedinition of insurrection, but we all saw the scheme to prevent the peaceful transfer of power in real time with our own eyes.

What's surprising to me is how the Republicans think that keeping as the nominee the one guy that Joe Biden can beat is a good thing after the piss-pounding they've taken in every election since their fluke EC win in '16.
Hey, I would've voted to impeach him and remove him from office back in January 2021 when it all went down. As for what constitutes an insurrection, having a legal track record of cases is how that definition gets developed. We do have examples of folks being disqualified from running, dating from he 1860's till now. If someone would actually charge Donald with insurrection then we could add to that legal track record. However, we are either seemingly unable to or unwilling to charge him with insurrection, so here we are.

As for the GOP sticking with Trump, hey, they're just a stubborn group of people lately, and inching towards misogyny to boot. But with that said, they did win control of the House last election and even with Trump headlining the ticket they're the betting favorite to win the Senate this time around. Amazing as it is that the GOP is stubbornly sticking with Trump, it's equally amazing that the Dems have not really taken advantage of this period to move the political needle their way. It's more an indication of the poor state of both political parties right now that they best they can offer is Trump and Biden.
Republicans were supposed to win the House in a red tsunami so the actual results were underwhelming.

While they're expected to win the Senate they could lose the House in 2024. Regardless of who wins the Presidency, the country will be better off if at least one house of Congress is controlled by the opposite party to curtail the winner's worst urges.

It does appear that trump has learned a lesson and seems to be prioritizing candidates with a better shot in the general election over loyalty to the MAQA cult.
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Re: What's a SCOTUS to do?

Post by BDKJMU »

houndawg wrote: Tue Mar 05, 2024 11:15 am
GannonFan wrote: Tue Mar 05, 2024 10:54 am

You're just guessing at the insurrection question. Since it wasn't even up for debate there's nothing to even go off of except guessing.

And it's not just being a convicted felon, but specifically being a convicted felon related to insurrection that triggers the 14th amendment. If someone would actually pursue that charge, which so far Trump has miraculously not been charged with, then we could use the 14th. But this SCOTUS ruling cleared up that we can't just "wish" a conviction into being and proceed as if we have that.
Its a guess only in so far as it pertains to the technical definition as to what constitutes an insurrection, which has apparently not been done yet in our short history? He said what he said and he did what he did right in front of god and everybody - maybe it doesn't fit the technical dedinition of insurrection, but we all saw the scheme to prevent the peaceful transfer of power in real time with our own eyes.


What's surprising to me is how the Republicans think that keeping as the nominee the one guy that Joe Biden can beat is a good thing after the piss-pounding they've taken in every election since their fluke EC win in '16.
What's surprising to me is how the donks think that keeping as the nominee the one guy that Trump (along with one gal) can beat is a good thing..
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Re: What's a SCOTUS to do?

Post by SeattleGriz »

kalm wrote: Tue Mar 05, 2024 7:40 am
SeattleGriz wrote: Mon Mar 04, 2024 6:45 pm

Klam and his law pundits like Mueller She Wrote nailing it! :lol:
I’m sorry that people who know more than you about the constitution had questions.

Nice over-reach in this one tho. States rights and original intent be damned. :lol:
Apparently "those people" don't know shit, as they took a 9-0 drubbing. That's malpractice.
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Re: What's a SCOTUS to do?

Post by houndawg »

SeattleGriz wrote: Tue Mar 05, 2024 6:39 pm
kalm wrote: Tue Mar 05, 2024 7:40 am

I’m sorry that people who know more than you about the constitution had questions.

Nice over-reach in this one tho. States rights and original intent be damned. :lol:
Apparently "those people" don't know shit, as they took a 9-0 drubbing. That's malpractice.


On an angstrom-wide slice of the issue. The important part was 5-4. :coffee:

"...the majority attempts to insulate all alleged insurrectionists from future challenges to their holding Federal office.."

The other just-as-import-important-as-the-dissension part, and I'll let you try to puzzle out why for homework, is that the dissenters were all the women.
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Re: What's a SCOTUS to do?

Post by GannonFan »

houndawg wrote: Thu Mar 07, 2024 5:26 am
SeattleGriz wrote: Tue Mar 05, 2024 6:39 pm

Apparently "those people" don't know shit, as they took a 9-0 drubbing. That's malpractice.


On an angstrom-wide slice of the issue. The important part was 5-4. :coffee:

"...the majority attempts to insulate all alleged insurrectionists from future challenges to their holding Federal office.."

The other just-as-import-important-as-the-dissension part, and I'll let you try to puzzle out why for homework, is that the dissenters were all the women.
Angstrom-wide?? Come on, the main thrust of that court case was whether states could unilaterally, using whatever method they want, to remove candidates from federal elections. That's not a small thing no matter how you try to frame it. And in that regard, the court was a resounding 9-0 unanimous decision. It doesn't get any more resounding than that - every single judge said absolutely not.

As for the other part, I'm still waiting to hear how the idea that Congress has to make the mechanism to declare someone an insurrectionist, and then the majority point to the very clear US code that Congress already approved and is on the books (seriously, if you haven't read 18 US Code 2383 then I don't know what you're even doing commenting on this - it's almost lifted, verbatim, from Sec 3 of the 14th), that we've somehow stopped future challenges to people holding federal office. Again, 18 US Code 2383 exists, the majority highlight it in the opinion, and basically say "if you want to ban someone from federal office for being an insurrectionist, then go ahead and charge them and convict them with 18 US Code 2383 and you're good to go". Again, answer how the majority said that and how that's somehow incorrect. I'm waiting.
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Re: What's a SCOTUS to do?

Post by houndawg »

GannonFan wrote: Thu Mar 07, 2024 7:26 am
houndawg wrote: Thu Mar 07, 2024 5:26 am



On an angstrom-wide slice of the issue. The important part was 5-4. :coffee:

"...the majority attempts to insulate all alleged insurrectionists from future challenges to their holding Federal office.."

The other just-as-import-important-as-the-dissension part, and I'll let you try to puzzle out why for homework, is that the dissenters were all the women.
Angstrom-wide?? Come on, the main thrust of that court case was whether states could unilaterally, using whatever method they want, to remove candidates from federal elections. That's not a small thing no matter how you try to frame it. And in that regard, the court was a resounding 9-0 unanimous decision. It doesn't get any more resounding than that - every single judge said absolutely not.

As for the other part, I'm still waiting to hear how the idea that Congress has to make the mechanism to declare someone an insurrectionist, and then the majority point to the very clear US code that Congress already approved and is on the books (seriously, if you haven't read 18 US Code 2383 then I don't know what you're even doing commenting on this - it's almost lifted, verbatim, from Sec 3 of the 14th), that we've somehow stopped future challenges to people holding federal office. Again, 18 US Code 2383 exists, the majority highlight it in the opinion, and basically say "if you want to ban someone from federal office for being an insurrectionist, then go ahead and charge them and convict them with 18 US Code 2383 and you're good to go". Again, answer how the majority said that and how that's somehow incorrect. I'm waiting.
I was speaking of the minority's dissent and how its interesting that the 5-4 split was along gender lines - all four women came to that conclusion, I'm just commenting on their comment.

It seems to a layman like a very strong comment to direct at one's workmates, saying they attempt; isn't that a straight-up accusation? They didn't say gives the appearance of or could be mistaken for or any kind of qualifier....is that just normal workplace chatter for lawyers? :?
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Re: What's a SCOTUS to do?

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edit: wasn't there a kerfluffle involving the same Amendment and the Voting Rights Acit a few years ago?
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Re: What's a SCOTUS to do?

Post by GannonFan »

houndawg wrote: Thu Mar 07, 2024 11:56 am
GannonFan wrote: Thu Mar 07, 2024 7:26 am

Angstrom-wide?? Come on, the main thrust of that court case was whether states could unilaterally, using whatever method they want, to remove candidates from federal elections. That's not a small thing no matter how you try to frame it. And in that regard, the court was a resounding 9-0 unanimous decision. It doesn't get any more resounding than that - every single judge said absolutely not.

As for the other part, I'm still waiting to hear how the idea that Congress has to make the mechanism to declare someone an insurrectionist, and then the majority point to the very clear US code that Congress already approved and is on the books (seriously, if you haven't read 18 US Code 2383 then I don't know what you're even doing commenting on this - it's almost lifted, verbatim, from Sec 3 of the 14th), that we've somehow stopped future challenges to people holding federal office. Again, 18 US Code 2383 exists, the majority highlight it in the opinion, and basically say "if you want to ban someone from federal office for being an insurrectionist, then go ahead and charge them and convict them with 18 US Code 2383 and you're good to go". Again, answer how the majority said that and how that's somehow incorrect. I'm waiting.
I was speaking of the minority's dissent and how its interesting that the 5-4 split was along gender lines - all four women came to that conclusion, I'm just commenting on their comment.

It seems to a layman like a very strong comment to direct at one's workmates, saying they attempt; isn't that a straight-up accusation? They didn't say gives the appearance of or could be mistaken for or any kind of qualifier....is that just normal workplace chatter for lawyers? :?
Well, technically, there were no dissents, just two different concurring opinions to the total court judgement that was 9-0. The 9-0 judgement was real, pretending it was something different than 9-0 is twisting what was actually written. Coney-Barretts' concurring opinion was that nothing needed to be said except for the Court's unanimous opinion - she even punctuated that at the end with the sentiment that that's what everyone should take from the ruling. The other three judges, while agreeing with the rest of the Court, felt that the reasoning used by others could be construed to prevent any challenges for insurrection. However, they didn't really elaborate much in their opinion, and nowhere in their opinion did they address the elephant in the room that is 18 USC 2383. Since you seem not to read any of these opinions or US codes or anything else we're talking about and debating, I'll include 18 USC 2383 here:
Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States.
That's a statute that was approved by Congress. It's on the books. It exists today. The majority of the consensus highlighted it in their opinion. The minority concurring opinion makes no reference to this. It's almost a verbatim repeat of Sec 3. The way forward is clear. Charge someone with a crime under 18 USC 2383. Get a conviction. Boom, can't hold office. It's all right there. And yet, we refuse to do that with Trump. Crazy times.
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Re: What's a SCOTUS to do?

Post by Skjellyfetti »

GannonFan wrote: Thu Mar 07, 2024 2:08 pmThe way forward is clear. Charge someone with a crime under 18 USC 2383. Get a conviction. Boom, can't hold office. It's all right there. And yet, we refuse to do that with Trump. Crazy times.
It's not that clear as SCOTUS is dragging its ass on the presidential immunity ruling.

If Trump is immune from prosecution - there is no path.

Hopefully, that will also be a 9-0 ruling as well. Should have ruled on that one first, though.
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Re: What's a SCOTUS to do?

Post by BDKJMU »

houndawg wrote: Thu Mar 07, 2024 11:56 am
GannonFan wrote: Thu Mar 07, 2024 7:26 am

Angstrom-wide?? Come on, the main thrust of that court case was whether states could unilaterally, using whatever method they want, to remove candidates from federal elections. That's not a small thing no matter how you try to frame it. And in that regard, the court was a resounding 9-0 unanimous decision. It doesn't get any more resounding than that - every single judge said absolutely not.

As for the other part, I'm still waiting to hear how the idea that Congress has to make the mechanism to declare someone an insurrectionist, and then the majority point to the very clear US code that Congress already approved and is on the books (seriously, if you haven't read 18 US Code 2383 then I don't know what you're even doing commenting on this - it's almost lifted, verbatim, from Sec 3 of the 14th), that we've somehow stopped future challenges to people holding federal office. Again, 18 US Code 2383 exists, the majority highlight it in the opinion, and basically say "if you want to ban someone from federal office for being an insurrectionist, then go ahead and charge them and convict them with 18 US Code 2383 and you're good to go". Again, answer how the majority said that and how that's somehow incorrect. I'm waiting.
I was speaking of the minority's dissent and how its interesting that the 5-4 split was along gender lines - all four women came to that conclusion, I'm just commenting on their comment.

It seems to a layman like a very strong comment to direct at one's workmates, saying they attempt; isn't that a straight-up accusation? They didn't say gives the appearance of or could be mistaken for or any kind of qualifier....is that just normal workplace chatter for lawyers? :?
Lol you don’t know what the meaning of dissent is.. :dunce:
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Re: What's a SCOTUS to do?

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Skjellyfetti wrote: Thu Mar 07, 2024 4:16 pm
GannonFan wrote: Thu Mar 07, 2024 2:08 pmThe way forward is clear. Charge someone with a crime under 18 USC 2383. Get a conviction. Boom, can't hold office. It's all right there. And yet, we refuse to do that with Trump. Crazy times.
It's not that clear as SCOTUS is dragging its ass on the presidential immunity ruling.

If Trump is immune from prosecution - there is no path.

Hopefully, that will also be a 9-0 ruling as well. Should have ruled on that one first, though.
Didn't they get this one first? I agree, they need to rule on presidential immunity. I think it's clear that it'll be 9-0 on the idea of absolute immunity for everything, which is absurd, but it gets murky when you start going through what are official duties of the President and what aren't. Even with that said, I can't see how what would be the insurrection charge, which was all about working the crowd and sending them off as a mob to attack the capitol, would be covered by immunity. That one, which they haven't charged him for, would seem to be the easiest one to avoid immunity, and would be the quickest one to bar him from office. Again, it would be nice to actually charge him and try him for that.
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Re: What's a SCOTUS to do?

Post by BDKJMU »

Skjellyfetti wrote: Thu Mar 07, 2024 4:16 pm
GannonFan wrote: Thu Mar 07, 2024 2:08 pmThe way forward is clear. Charge someone with a crime under 18 USC 2383. Get a conviction. Boom, can't hold office. It's all right there. And yet, we refuse to do that with Trump. Crazy times.
It's not that clear as SCOTUS is dragging its ass on the presidential immunity ruling.

If Trump is immune from prosecution - there is no path.

Hopefully, that will also be a 9-0 ruling as well. Should have ruled on that one first, though.
:suspicious: The case bypassed the full DC apellate. Then SCOTUS agreed to take it up this seassion. This case is moving at lightning speed compared to most cases that end up before SCOTUS. Most cases that appear before SCOTUS have been in the courts for YEARS..
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Re: What's a SCOTUS to do?

Post by houndawg »

GannonFan wrote: Fri Mar 08, 2024 8:12 am
Skjellyfetti wrote: Thu Mar 07, 2024 4:16 pm

It's not that clear as SCOTUS is dragging its ass on the presidential immunity ruling.

If Trump is immune from prosecution - there is no path.

Hopefully, that will also be a 9-0 ruling as well. Should have ruled on that one first, though.
Didn't they get this one first? I agree, they need to rule on presidential immunity. I think it's clear that it'll be 9-0 on the idea of absolute immunity for everything, which is absurd, but it gets murky when you start going through what are official duties of the President and what aren't. Even with that said, I can't see how what would be the insurrection charge, which was all about working the crowd and sending them off as a mob to attack the capitol, would be covered by immunity. That one, which they haven't charged him for, would seem to be the easiest one to avoid immunity, and would be the quickest one to bar him from office. Again, it would be nice to actually charge him and try him for that.
Again, who gets to decide it was an insurrection?
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