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27 May - 2 June 2019 | 326 comments (326 topical, editorial, 0 hidden)
Re: Trump ACTIVISM (none / 0)
(merits duplication in "the situation here is pretty psychotic")
7-2 score; GINSBURG and GORSUCH dissenting
Gamble v. United States, slip opinion for the court by ALITO, joined by BREYER, SOTOMAYOR, KAVANAUGH, KAGAN, Clarence "Separate but Equal" THOMAS concurring.

< wipes tears >
Buh-bye, 5th Amd. We hardly knew yee.

Diversity is the key to economic and political evolution.

by Cat on Mon Jun 17th, 2019 at 03:44:27 PM EST
[ Parent ]
Confused? Bemused? (none / 0)
Top-line is: This decision is a "win" for principles of "states' rights", formerly and pejoratively associated by "progressive" factions with the economy and propaganda of atavistic, southern Democratic Party politicians opposed to "federalist" regulation.

Notwithstanding the facts of this particular case o detailed substance of the opinions filed, SCOTUS appears to agree (across party lines) to limit scope of US gov "common law" enforcement.

While some readers will be immediately delighted by the implication for parallel prosecutions by states of Trump's suspicious conduct, the timing of SCOTUS opinion is portentous. In the short-term, pending  voter rights challenge to states' district maps: 15th Amd; in the long-term, high-frequency abrogation to states' "conscience clause" exceptions.

Which "ideological leaning" will progressives blame then?

reference
incorporation doctrine
"selective incorporation", table

archived
US is so headed for a carnival of broke-ass, sovereign states' wildlife.
Limbs va. Indiana
"incorporated protection applicable to the States", Ginsburg vs Thomas

Diversity is the key to economic and political evolution.

by Cat on Mon Jun 17th, 2019 at 05:24:17 PM EST
[ Parent ]
hOlYMArYmudderAnEOLogiSMs (none / 0)
Scalito:
[T]he language of the Clause ... protects  individuals from being twice put in jeopardy 'for the same offence,' not for the same conduct or actions," Grady v. Corbin, 495 U.S. 508, 529 (1990), as Justice  Scalia wrote in a soon-vindicated dissent, see United States v. Dixon, 509 U.S. 688 (1993) (overruling Grady). ... As originally understood, then, an "offence"  is defined by a law, and each law is defined by a sovereign. So where there are two sovereigns, there are two laws, and two "offences." See Grady, 495 U.S., at 529 (Scalia, J., dissenting) ("If the same conduct violates two (or more) laws then each offense may be separately prosecuted")


Diversity is the key to economic and political evolution.
by Cat on Wed Jun 19th, 2019 at 12:07:01 AM EST
[ Parent ]
Re: hOlYMArYmudderAnEOLogiSMs (none / 0)
The language of pschopathy never rests.

wut: "The Do No Harm Act"

Pushing for the government to stop protecting those who wield their faiths to hurt others, a civil rights lawyer urged House lawmakers Tuesday to curb abuse of the Religious Freedom Restoration Act by the Trump administration.
< pick teeth, suck vigorously > It was good enough for cake decoration.
At a hearing this morning of the House Committee on Education and Labor, Laser was one of three lawyers and a Presbyterian minister who pushed for lawmakers to amend [?!] the RFRA with passage of H.R. 1450, otherwise known as the Do No Harm Act.
< pick teeth, suck vigorously > Where's the Keep Your Damn Hands to Yourself clause?
Though the agency receives $600,000 in federal funding, it accepts adoption applications only from evangelical protestants, Laser said.
< pick teeth, suck vigorously > Congress shall make no law respecting an establishment of religion includes appropriations and disbursement thereof
"Religious liberty could begin [?!] to subvert the right of other people," said [Representative Suzanne] Bonamici, a Michigan Democrat.
ya think? much? about USC?
The Do No Harm Act would change nothing [?] about the 1993 law specifically, only amending [?] it to specify that it cannot be used to discriminate.
O RLY? 42 U.S. Code § 12187. Exemptions for private clubs and religious organizations , Civil Rights Act of 1964, all titles therein ("subchapters") actually.

Alrighty then. Fortunately for all of them I ain't Solomon of the World. If I were, every conscientious objector would be free to express their religious beliefs WITHOUT any monies from US fed gov.

archived what did I say
"convoluted 18th Century language"
A surprising amount of that cumulative work product is defective for the simple reason one provision ahhh chained to another contradicts itself.

Diversity is the key to economic and political evolution.

by Cat on Wed Jun 26th, 2019 at 05:00:54 PM EST
[ Parent ]
Re: Trump ACTIVISM (none / 0)
(merits duplication in "the situation here is pretty psychotic")

In case of Curtis Flowers, who was tried six times for the same murders, #SCOTUS holds that the prosecutor's repeated use of peremptory challenges to remove black people from the jury pool violated the Constitution

KEYWORD: Mississippi (ironically sovereign), double-jeopardy, incorporation doctrine (ironically selective)

Diversity is the key to economic and political evolution.

by Cat on Fri Jun 21st, 2019 at 06:42:44 PM EST
[ Parent ]
Confused? Bemused? (none / 0)
Flowers vs. Mississippi

This is a demo of customary SCOTUS sophistry "across party lines" and a pyrrhic victory for "liberal" associates' fans.

The same facts, or same "conduct," on trial did not change. Only the jury's race composition was challenged in the matter of procedural law, "purposeful [race] discrimination" between jurors--as if a jury including Flowers' race "peers" were alone sufficient relief from repetitive prosecution of confounding "facts and circumstances" and mistrial ("double-jeopardy").

Flowers was convicted and appealed five (5) times. MS Supreme Ct. vacated each conviction, ordered NEW! trial. Flowers was convicted by jury No. 6, including one black "peer", and sentenced to death. Flowers appealed.

Enter SCOTUS vacating MS Supreme Ct initial decision on appeal No.6 (denied) for consideration of SCOTUS ruling on FOSTER v. CHATMAN, WARDEN (a 2016 jawjaw capital conviction). MS again re-affirms itself.

Enter SCOTUS, again
7-2 score: opinion for the court by KAVANAUGH,joined by ROBERTS, GINSBURG, BREYER, SOTOMAYOR, KAGAN, Samuel "Scalito" ALITO concurring; THOMAS wholly dissenting, GORSUCH dissenting to Parts I, II, and III, concurring with Part IV.

Manafort's mistrial didn't face this drill. But heis lounging in fed detention now, instead Rikers, preparing a defense for WHICH? state charges on the same conduct.


Diversity is the key to economic and political evolution.

by Cat on Fri Jun 21st, 2019 at 08:57:46 PM EST
[ Parent ]
wut (none / 0)
Man who says Spacey groped him invokes right not to testify
The man who accused Kevin Spacey of groping him at a Massachusetts resort island bar in 2016 asserted his Fifth Amendment [wut] right against self-incrimination [wut] and refused to testify Monday after being questioned about text messages [Spacey's] defense [atty] claims were deleted.
pre-trial hearing
After being pressed by Spacey's lawyer about whether he knew that altering evidence used in a prosecution is a crime, the man invoked [Fifth Amendment protection], and the judge said his testimony Monday would be stricken from the record.
[...]
The judge said he would not immediately dismiss the case, but acknowledged prosecutors would have a tough time bringing it to trial if the man won't testify. "Once exercised, it may be pretty hard to get around this privilege at trial," Judge Thomas Barrett said.
believe! with gender-balance "characteristics"
The allegations were first made in 2017 by the man's mother, former Boston TV anchor Heather Unruh. ...Unruh told investigators that she deleted items concerning her son's "frat boy activities" from the phone before giving it to authorities. She acknowledged Monday deleting things that "concerned" her but denied touching text messages or anything else relevant to the case.


Diversity is the key to economic and political evolution.
by Cat on Tue Jul 9th, 2019 at 06:32:00 AM EST
[ Parent ]

27 May - 2 June 2019 | 326 comments (326 topical, 0 editorial, 0 hidden)
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