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  #751  
Old 10-19-2018, 10:48 PM
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Default Re: SCOTAL Itch

The state and local Dems in our area are well organized, conscientious, and effective, quite unlike the donkeyfied shit show that is the Democratic Party at the national level. That being the case, I'll focus my own efforts on slowing down the inexorable decline of the U.S. here at home. I'm old and in relatively poor health, so die-before-things-get-too-horrific is probably a viable individual strategy, but not a very satisfying one.

So then, state and local level? Hope remains, at least in the short term.

National level?

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  #752  
Old 10-20-2018, 05:53 AM
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Default Re: SCOTAL Itch

P. much the same for Oregon
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  #753  
Old 10-26-2018, 04:45 AM
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Default Re: SCOTAL Itch

Gingrich Lets Cat Out of the Bag – Talking Points Memo

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  #754  
Old 12-19-2018, 03:35 AM
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Default Re: SCOTAL Itch



His power level is over 9000 now. Apparently.
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  #755  
Old 02-21-2019, 04:17 PM
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Default Re: SCOTAL Itch

Timbs v. Indiana

SCOTUS making a provision of the Bill of Rights applicable to state and local government via the process of incorporation doesn't happen every day, but it did yesterday! The Court held (9-0) that the Eighth Amendment's prohibition against excessive fines applies to the states.

In this case, dudebro sold $250 worth of heroin to an undercover cop. In addition to arresting the guy, the pigs took the $42,000 vehicle he purchases with inheritance money pursuant to one of those ghastly "civil forfeiture" laws. Defendants may now challenge such legalized theft in state courts under the Excessive Fines Clause.


McKee v. Cosby

No real big deal here. This is just the Court doing something it does thousands of times every year--refusing to hear a case. The plaintiff accused horrific shitball Bill Cosby of raping her, and Cosby's lawyer wrote and disseminated a letter trashing her. The plaintiff sued for defamation. The lower courts tossed the case, and the Supreme Court declined to hear the appeal.

But shit be noteworthy because the case provides further support for Sock Puppet's thesis that Clarence Thomas's entire SCOTUS career is but an elaborate troll. Ol' Clarence thinks it's high time we got around to overruling New York Times v. Sullivan, the 1964 case in which the Court unanimously held that the speech protections of the First Amendment place limits on defamation lawsuits. The limits aren't what you'd call onerous or anything. In cases involving a public figure or a matter of public concern, a defamation plaintiff has to prove that the defendant published the defamatory statement with actual knowledge of its falsity or with reckless disregard for whether or not the statement was false. The plaintiff also needs to show actual damages.

Thomas wants to do away with Sullivan and its progeny cuz naturally the Framers wanted public figures to be able to sue for defamation with no restrictions whatsoever. This guy does a much better job that I ever could of dismantling Clarence's argument and describing how Trumpy the whole thing is. For present purposes, lol Clarence.
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  #756  
Old 02-22-2019, 04:43 AM
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Default Re: SCOTAL Itch

Quote:
Originally Posted by Stephen Maturin View Post
Defendants may now challenge such legalized theft in state courts under the Excessive Fines Clause.
I never thought I'd see the day where even a little bit of asset forfeiture was re-looked at by any court (specifically in relation to drug crimes).
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  #757  
Old 03-01-2019, 07:45 AM
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Default Re: SCOTAL Itch

More general lawyerin'.

A couple lawyery types talking about lawyering with 'conservative' jury pools.

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  #758  
Old 03-20-2019, 07:52 AM
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Default Re: SCOTAL Itch

Thrad

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