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Has Achieved Nirvana |
Gorsuch and Kavanaugh voted with the majority. Guess they don't like Trump after all. https://www.npr.org/2020/07/09...hes-back-on-congress
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Pinta & the Santa Maria Has Achieved Nirvana |
Gentlemen, man your twitter accounts.... It's a narrow ruling, but a good one in my opinion. It returns the issue of congress to the lower courts. But is anyone else getting tired of SCOTUS refusing to make any but narrow decisions, returning the bigger issues to the "lower courts"? Perhaps this is the system working as intended. I'd be curious to hear from you legal types whether this is standard deliberative legislative processing at work or a bunch of weenies afraid to make a strong decision. | |||
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Has Achieved Nirvana |
https://www.reuters.com/articl...vation-idUSKBN24A268
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Has Achieved Nirvana |
My take is that it's a deliberate effort to avoid affecting the election. They know the result they need to reach, particularly with respect to New York. The Paula Jones case is dispositive precedent. But, by sending it back to the lower courts, it won't happen until after the election. | |||
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Does This Avatar Make My Butt Look Big? Minor Deity |
I don't know about all that, Quirt. The Supreme Court is stuck with the record below, and this was decided at a very early stage -- a subpoena was issued and not complied with. I don't think it would be all that difficult to find some holes in the record or legitimate defenses Trump has not raised that require additional action from the lower courts. And the Supreme Court is supposed to decide cases on the narrowest grounds, and once you decide the immunity question, they aren't in a position to mandate that the records be disclosed. | |||
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Serial origamist Has Achieved Nirvana |
I heard a comment on npr that it was interesting that in the Clinton and Nixon cases, the Supremes were *unanimous* in their decision that the president is not above the law and must answer when called. In this case it was 7 to 2. And if I heard correctly, I-1's two appointees both ruled against him, a touch he will certainly take personally and lead to untold rage-tweeting about how they've turned on him -- just like the Keebler elf got.
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Has Achieved Nirvana |
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