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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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