SCOTUS and Other Big Cases

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ymmv
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Re: SCOTUS and Other Big Cases - Cops cant search vehicle on private property w/o warrant

Post by ymmv » Wed Jun 27, 2018 10:58 am

Sorry that’s a really tortured way of saying fuck Alito, fuck the GOP, and fuck Trump voters.




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BlendedUnicorn
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Re: SCOTUS and Other Big Cases - Cops cant search vehicle on private property w/o warrant

Post by BlendedUnicorn » Sun Nov 25, 2018 3:49 pm

Nebby wrote:
Tue Nov 06, 2018 10:10 am

a little shocked that this made its way to SCOTUS but lol OFC they go unanimous on an age discrimination case.

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BlendedUnicorn
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Re: SCOTUS and Other Big Cases

Post by BlendedUnicorn » Thu Dec 06, 2018 7:57 pm

Legit no idea how I would come out on the separate sovereign doctrine. I’m generally pretty in favor of curtailing police power, but I’m also very sympathetic to the prosecuting the KKK problem.

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Nony
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Re: SCOTUS and Other Big Cases

Post by Nony » Thu Dec 06, 2018 8:12 pm

Yeah, it's an interesting question. Practically speaking, the feds have policies against prosecuting someone convicted in the state for the same conduct as the state conviction, but obviously it's not infallible or we wouldn't even have the case at issue.

The "is Oklahoma a reservation" case is FASCINATING and I feel like whichever way it goes, a lot of people are going to get fucked.

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pancakes3
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Re: SCOTUS and Other Big Cases

Post by pancakes3 » Thu Dec 06, 2018 9:02 pm

I think legally speaking, the Oklahoma case is interesting but practically, it would only affect tribe members. even if eastern OK is technically a reservation, do tribal courts have jurisdiction on non-tribe members?

otoh, iirc, according to the State's brief, there are something like 2,000 criminals with Native American ancestry (but not necessarily tribal affiliation) that could stand to be released if eastern OK was a reservation.

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Nony
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Re: SCOTUS and Other Big Cases

Post by Nony » Thu Dec 06, 2018 9:56 pm

pancakes3 wrote:
Thu Dec 06, 2018 9:02 pm
I think legally speaking, the Oklahoma case is interesting but practically, it would only affect tribe members. even if eastern OK is technically a reservation, do tribal courts have jurisdiction on non-tribe members?
They do if the victim is a tribal member. They also have jurisdiction over civil suits brought against Indians, even by non-Indians, and ICWA would apply in all cases involving Indian children (On the reservation, this is, of course.)

(I find it hard to believe that SCOTUS will actually rule against Oklahoma having jurisdiction, and it ordered additional briefing today which seemed to suggest that as well.)

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BlendedUnicorn
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Re: SCOTUS and Other Big Cases

Post by BlendedUnicorn » Thu Dec 06, 2018 9:58 pm

Nony wrote:
Thu Dec 06, 2018 8:12 pm
Yeah, it's an interesting question. Practically speaking, the feds have policies against prosecuting someone convicted in the state for the same conduct as the state conviction, but obviously it's not infallible or we wouldn't even have the case at issue.

The "is Oklahoma a reservation" case is FASCINATING and I feel like whichever way it goes, a lot of people are going to get fucked.
Yeah who is the asshole USA who let it get his far?

E. Oh i think it’s the dildo who unironically said this as if it were a good thing: "More people are being charged, more people are going to prison, more people are being convicted than ever before . . . .”

https://www.al.com/news/birmingham/inde ... he_wo.html

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pancakes3
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Re: SCOTUS and Other Big Cases

Post by pancakes3 » Thu Dec 06, 2018 10:03 pm

Nony wrote:
Thu Dec 06, 2018 9:56 pm
pancakes3 wrote:
Thu Dec 06, 2018 9:02 pm
I think legally speaking, the Oklahoma case is interesting but practically, it would only affect tribe members. even if eastern OK is technically a reservation, do tribal courts have jurisdiction on non-tribe members?
They do if the victim is a tribal member. They also have jurisdiction over civil suits brought against Indians, even by non-Indians, and ICWA would apply in all cases involving Indian children (On the reservation, this is, of course.)

(I find it hard to believe that SCOTUS will actually rule against Oklahoma having jurisdiction, and it ordered additional briefing today which seemed to suggest that as well.)
is there a compelling reason why congress hasn't stepped in and rendered this moot yet? seems like the best fix.

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Nony
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Re: SCOTUS and Other Big Cases

Post by Nony » Thu Dec 06, 2018 10:12 pm

Totally agree, but have you seen Congress lately? Does this seem like something they'd prioritize?

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Nony
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Re: SCOTUS and Other Big Cases

Post by Nony » Thu Dec 06, 2018 10:15 pm

BlendedUnicorn wrote:
Thu Dec 06, 2018 9:58 pm
Nony wrote:
Thu Dec 06, 2018 8:12 pm
Yeah, it's an interesting question. Practically speaking, the feds have policies against prosecuting someone convicted in the state for the same conduct as the state conviction, but obviously it's not infallible or we wouldn't even have the case at issue.

The "is Oklahoma a reservation" case is FASCINATING and I feel like whichever way it goes, a lot of people are going to get fucked.
Yeah who is the asshole USA who let it get his far?

E. Oh i think it’s the dildo who unironically said this as if it were a good thing: "More people are being charged, more people are going to prison, more people are being convicted than ever before . . . .”

https://www.al.com/news/birmingham/inde ... he_wo.html
It's just as likely poor writing in the article as anything else, but I'm really baffled by:
"One thing the feds can do that the state can't do is if you're involved in the distribution of illegal narcotics or legal narcotics distributed illegally, you can be prosecuted by the federal government."
Since when do states not prosecute distribution??

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los_blancos_v2
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Re: SCOTUS and Other Big Cases

Post by los_blancos_v2 » Fri Dec 07, 2018 2:22 pm

lol gonna take that part of it and walk down the hall to show it to our drug unit

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abyss
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Re: SCOTUS and Other Big Cases

Post by abyss » Fri Dec 14, 2018 11:58 pm

p surprised that Nebby hasn't brought up Kisor v. Wilkie ITT. Auer/Seminole Rock deference under attack.

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Nebby
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Re: SCOTUS and Other Big Cases

Post by Nebby » Sat Dec 15, 2018 1:00 am

It hasn't been decided yet!

If Auer goes away, I don't see it actually changing much (I also doubt it will as there seems to be no workable alternative w/o judges quite literally making policy)

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Nebby
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Re: SCOTUS and Other Big Cases

Post by Nebby » Tue Jan 15, 2019 10:09 am

Things you don't see everyday: SCOTUS ruling against an employer in an arbitration case.

The Federal Arbitration Act covers "contracts of employment," and the employer argued that it did not extend to independent contractors - only employees. SCOTUS held that "contract of employment" was just a contract to perform work, therefore it includes independent contractors.


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Nebby
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Re: SCOTUS and Other Big Cases

Post by Nebby » Tue Jan 15, 2019 10:12 am

Oh, there it is, the first case where Kavanaugh was the deciding vote. Surprising results! (kidding)

Thomas opinion is joined by Breyer, Alito, Gorsuch, and Kavanaugh. Sotomayor dissents, joined by Roberts, Ginsburg, and Kagan


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dcc617
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Re: SCOTUS and Other Big Cases

Post by dcc617 » Tue Jan 15, 2019 1:50 pm

Nebby wrote:
Tue Jan 15, 2019 10:12 am
Oh, there it is, the first case where Kavanaugh was the deciding vote. Surprising results! (kidding)

Thomas opinion is joined by Breyer, Alito, Gorsuch, and Kavanaugh. Sotomayor dissents, joined by Roberts, Ginsburg, and Kagan

Breyer is such a shit on criminal justice.

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stego
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Re: SCOTUS and Other Big Cases

Post by stego » Tue Jan 15, 2019 2:07 pm

I worked on a cert petition last summer for a case involving “force” under Castleman and the ACCA. I need to read the whole opinion but I’m not surprised this was decided the way it was.

Incidentally I think this means our cert petition must have been denied :(

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MKC
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Re: SCOTUS and Other Big Cases

Post by MKC » Wed Feb 20, 2019 10:48 am

Supreme Court holds 9-0 that the eighth amendment excessive fines clause applies to the states:

https://www.supremecourt.gov/opinions/1 ... 1_5536.pdf

(Indiana can't seize a $42,000 SUV just because a cop found heroin in it)

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BlendedUnicorn
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Re: SCOTUS and Other Big Cases

Post by BlendedUnicorn » Wed Mar 06, 2019 3:19 pm

stego wrote:
Tue Jan 15, 2019 2:07 pm
I worked on a cert petition last summer for a case involving “force” under Castleman and the ACCA. I need to read the whole opinion but I’m not surprised this was decided the way it was.

Incidentally I think this means our cert petition must have been denied :(
Stokeling is really fucking bad and I can promise you it negates any work you did.

e. but really ACCA's teh problem

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Nebby
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Re: SCOTUS and Other Big Cases

Post by Nebby » Fri Mar 08, 2019 12:58 pm


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Nebby
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Re: SCOTUS and Other Big Cases

Post by Nebby » Tue Mar 19, 2019 4:05 pm

Lol. Can you imagine those people that voted for Trump hoping he'd appoint small govt jurists and not crytpofascists. Just imagine how they must feel


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Nebby
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Re: SCOTUS and Other Big Cases

Post by Nebby » Wed Mar 27, 2019 10:04 am


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