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  #826  
Old 10-06-2020, 04:54 AM
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Default Re: SCOTAL Itch

SCOTUS Sides With S.C. To Reinstate Witness Signature Mandate For Absentee Ballots

Quote:
The eight-person Supreme Court on Monday sided with South Carolina to reinstate a mandate that absentee ballots require witness signatures, even as critics argue that the coronavirus puts an undue burden on voters to safely get a witness cosign on the ballots.

The order will not apply to ballots already cast or those mailed in within the next two days, but will apply to ballots going forward for the Nov. 3 general election.

"This Court has repeatedly emphasized that federal courts ordinarily should not alter state election rules in the period close to an election," Justice Brett Kavanaugh in explaining the court's decision.

"By enjoining South Carolina's witness requirement shortly before the election, the District Court defied that principle and this Court's precedents."
Because, what pandemic.
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  #827  
Old 10-06-2020, 05:50 PM
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Default Re: SCOTAL Itch

So the solution to incorrectly changing the rules before an election is to change them back even closer to the election. :hm:
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  #828  
Old 10-13-2020, 08:22 PM
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Default Re: SCOTAL Itch

Just a reminder.

Quote:
Originally Posted by 1 Timothy 2:12
I do not permit a woman to teach or to assume authority over a man; she must be quiet.
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  #829  
Old 10-13-2020, 08:33 PM
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Default Re: SCOTAL Itch

(a) Everything is selective

(b) They don't need her to assume authority over men - assuming authority over women is what they really want.
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  #830  
Old 10-14-2020, 01:18 AM
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Default Re: SCOTAL Itch

So many things today. SCOTUS allows Dump to end census early. Barrett tells Dems more than once they won't be getting Scalia, they'll be getting Barrett. Dems, lacking a mean bone, don't say that is obvious, Scalia is dead, and why are you ducking my question with this stupidity?

She told that dickhead Kennedy she has principles. The Dems need to grind her repeatedly with what her principles tell her about her hearing versus the (not) hearing for Merrick Garland, and what her values tell her about how citizens should feel about the subject.
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  #831  
Old 10-14-2020, 05:33 AM
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Default Re: SCOTAL Itch

2016 might have been important.

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  #832  
Old 10-14-2020, 09:06 AM
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Default Re: SCOTAL Itch

An Open Letter to Judge Amy Coney Barrett From Your Notre Dame Colleagues Teacher-Scholar-Activist
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  #833  
Old 10-14-2020, 01:50 PM
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Default Re: SCOTAL Itch

That letter says it all. The circumstances may be beyond her control, except for the part that she's a voluntary participant.
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  #834  
Old 10-14-2020, 08:51 PM
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Default Re: SCOTAL Itch

This interview with Mark Joseph Stern yesterday was very informative.

Starts at about 21:00 and goes until about 1:00:00

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  #835  
Old 10-16-2020, 04:30 PM
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Default Re: SCOTAL Itch

Some notes I took from the above interview. Corrections to my interpretations are welcome!
  • Roberts has shown himself to be somewhat of an "institutionalist" which seems to mean that he will avoid rulings that are baldly political if they threaten the reputation of the court itself
  • Barrett is far more conservative and aligned with the Republican party than Roberts. Just by participating in this nomination she has "shown herself to be a cynical hack" (per Stern)

Important concepts:
  • Chevron Deference
    - The courts defer to expert agencies on matters of legislative enforcement. So if congress tells the EPA to regulate air quality, they can rely on the EPA to define the standard without having to specify every detail. Without this deference, the courts become a "scientific review board".
  • Nondelegation Doctrine
    - This is the view (endorsed by 5 sitting justices) that Congress isn't allowed to delegate its legislative authority to other agencies in the first place. In other words they can't just tell the EPA to regulate air quality and allow them to determine the best way to implement that, they have to dictate exactly what it means. This has implications in every area of regulation.
  • Separability Doctrine
    - If one element of a law is found to be unconstitutional it can be separated out and eliminated without bringing down the entire law. So for example the individual mandate in the ACA was found to be unconstitutional so congress neutered it (said there is no financial penalty for non-compliance) but the rest of the ACA still stands. The conservative justices will argue that it is not separable and therefore the whole ACA is nullified.

At Risk:
  • Gay marriage rights
    - Thomas and Alito have already signaled that they want to see Obergefell* challenged, and with Kennedy having retired and Barrett replacing Ginsburg it is now in serious jeopardy.
  • Kim Davis case
  • On the docket in November a case about whether Catholic foster services have to work with same sex couples (19-123 FULTON V. PHILADELPHIA, PA)
    - Barrett repeatedly referred to sexual orientation as "sexual preference"
  • Voting Rights Act
    - Barrett has argued that the right to bear arms is more fundamental than the right to vote
  • 2020 Election contest
  • Global Warming
  • Affordable Care Act
    - 19-840 CALIFORNIA V. TEXAS
    - 19-1019 TEXAS V. CALIFORNIA
  • All Health and Safety Regulations

*Obergefell v. Hodges - Wikipedia
- Source: Obergefell v. Hodges - Wikipedia
- Obergefell v. Hodges, 576 U.S. 644 (2015) (/ˈoʊbərɡəfɛl/ OH-bər-gə-fel), is a landmark civil rights case in which the Supreme Court of the United States ruled that **the fundamental right to marry is guaranteed to same-sex couples** by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. **The 54 ruling requires all fifty states, the District of Columbia, and the Insular Areas to perform and recognize the marriages of same-sex couples on the same terms and conditions as the marriages of opposite-sex couples**, with all the accompanying rights and responsibilities.
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  #836  
Old 10-20-2020, 08:22 AM
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Default Re: SCOTAL Itch



I sort of understand what is being said here, but would appreciate Mr Maturin's breakdown if was following it and has the time.
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  #837  
Old 10-20-2020, 09:05 AM
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Default Re: SCOTAL Itch

Shadow docket means that the case is essentially being decided without officially being decided.

When the Court decides not to hear cases, it's often the final say, or at least, final for a while. But it gets much less attention and coverage, so it's like a "shadow" ruling.

Additionally, when it comes to election cases and other highly time-sensitive issues, the Court making other decisions can essentially decide the case. If they put a stay on a ruling this close to the election, that's essentially overturning the decision without overturning it. It doesn't matter if they eventually hear the case after the election, the chances that the Court (especially this court) would order a new election if they ruled after November 3rd would be close to zero.

And in the case of presidential elections, there's no precedent or Constitutional provisions for it.

So some of their decisions on election issues in the past month have essentially been rulings, deciding how this election will happen, but without officially making rulings.

Roberts is much smarter and restrained than many of his colleagues. He makes more use of these types of attacks on voting rights and liberal priorities, because full frontal assaults get more attention and pushback and risk making court packing more popular. Unfortunately for him, his four GOP colleagues on the bench would rather basically dare the Democrats to pack the courts.

The scariest part is that they may be right - Democrats won't get an opportunity (because they won't win the Senate under this tilted playing field, or Biden won't win) or they won't make use of it (because of some dumbass like Feinstein).

This is why taking the Senate with as many seats as possible is essential. Best if we don't need Manchin, Sinema or Feinstein's votes.
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