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In Gamble v. United States, #SCOTUS reaffirms "separate sovereigns" exception to Constitution's double jeopardy clause; ruling means that federal and state governments can prosecute defendant for same conduct without violating Constitution— SCOTUSblog (@SCOTUSblog) June 17, 2019
In Gamble v. United States, #SCOTUS reaffirms "separate sovereigns" exception to Constitution's double jeopardy clause; ruling means that federal and state governments can prosecute defendant for same conduct without violating Constitution
< wipes tears > Buh-bye, 5th Amd. We hardly knew yee. Diversity is the key to economic and political evolution.
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.
[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")
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.
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.
Though the agency receives $600,000 in federal funding, it accepts adoption applications only from evangelical protestants, Laser said.
"Religious liberty could begin [?!] to subvert the right of other people," said [Representative Suzanne] Bonamici, a Michigan Democrat.
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.
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.
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.
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.
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.
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.
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.
wut: "the word scandalous can be narrowed to bar only the registration of 'obscenity, vulgarity and profanity.' " 9-0 score; opinion for the court by KAGAN, joined by GINSBURG, Samuel "Scalito" ALITO, GORSUCH, KAVANAUGH, Clarence "Separate but Equal" THOMAS; ROBERTS concurring joined by BREYER; SOTOMAYOR concurring in part, dissenting in part joined by BREYER Lancu vs Brunetti
wut: Ihren trade secrets, bitte? No. But not hell no. 6-3 score: opinion for the court by GORSUCH, joined by ROBERTS, KAGAN, Samuel "Scalito" ALITO, KAVANAUGH, Clarence "Separate but Equal" THOMAS; BREYER concurring in part, dissenting in part joined by GINSBURG, SOTOMAYOR Food Marketing Institute vs Argus Leader Media
reference Venice Commission, STUDY ON INDIVIDUAL ACCESS TO CONSTITUTIONAL JUSTICE (2010) "18. A fundamental shift in the importance of constitutional protection of human rights has occurred over the past 60 years in Europe and beyond. ...
archived lawyers jealously guard their dictionaries, the lexicons Diversity is the key to economic and political evolution.
Senators REACT! to emerging "Ihren trade secrets, bitte?" applications of the ruling Lawmakers talk legislation in response to FOIA changes
"Transparency laws like the Freedom of Information Act [FOIA] help provide access to information in the face of an opaque and obstinate government. Unfortunately, a recent Supreme Court ruling and new regulations at EPA and the Department of Interior are undermining access," [Grassley!] said in a late June speech on the Senate floor.
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