SCOTUS and Other Big Cases

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BlendedUnicorn
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Re: SCOTUS and Other Big Cases

Post by BlendedUnicorn » Mon May 11, 2020 7:28 pm

Nony wrote:
Mon May 11, 2020 6:51 pm
Yeah, I'm not the biggest Gorsuch fan but I do think sitting on the Tenth Circuit makes him much better informed about Indian Country stuff, which people in the northeast just generally have NO frame of reference for (unless they have personal connections or make a real effort to inform themselves, of course).

I also really like the point a couple of tweets down that the justices asked about race a bunch of times, and Indian Country isn't about race, it's about a political relationship with the U.S.
I guess this is just how all sides argued the case (and have to argue it given the justices on the court) but it was just really striking how everyone just kind of accepted the premise that the whole question of tribal sovereignty was hyper focused on the exact way a bunch of racist white dudes specifically intended to disenfranchise Creek Nation.

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ymmv
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Re: SCOTUS and Other Big Cases

Post by ymmv » Tue May 12, 2020 9:06 pm

x-post
ymmv wrote:
Tue May 12, 2020 9:06 pm
Aimee Stephens died ☹️

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BlendedUnicorn
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Re: SCOTUS and Other Big Cases

Post by BlendedUnicorn » Thu May 14, 2020 10:00 pm

Going to go ahead and say Sineneng-Smith is the worst unanimous decision I can think of. Appellate court wasn't trying to send someone to jail for violating an unconstitutional statute and SCOTUS is going to say no because the defendant was represented by shitty counsel?

e. and just l o fucking l at SCOTUS acting like party presentation is some sort of binding restraint

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Nony
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Re: SCOTUS and Other Big Cases

Post by Nony » Thu May 14, 2020 10:37 pm

You think judges, not parties, deciding what the issues should be is really going to help defendants in the long run?

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BlendedUnicorn
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Re: SCOTUS and Other Big Cases

Post by BlendedUnicorn » Sun May 17, 2020 8:08 pm

Nony wrote:
Thu May 14, 2020 10:37 pm
You think judges, not parties, deciding what the issues should be is really going to help defendants in the long run?
I think there’s a pretty obvious concern that the quality of defense lawyers is far more uneven than the quality of prosecutors and that forcing judges to only consider the arguments put forward by the parties systematically favors the government (and, in practice, judges considering rule 29 motions seem to be more than free to look beyond the government’s framing of the case to uphold convictions).

And I think this concern is heightened if bad defense lawyering means enforcement of an unconstitutional statute, which appears to be the case here. I think the court could have easily crafted a narrow holding here that gave judges space to consider constitutional issues without giving them free reign to raise legal arguments.

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Nebby
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Re: SCOTUS and Other Big Cases

Post by Nebby » Tue May 26, 2020 2:28 pm

ymmv wrote:
Tue May 12, 2020 9:06 pm
x-post
ymmv wrote:
Tue May 12, 2020 9:06 pm
Aimee Stephens died ☹️
I was worried about how this could potentially sideline a decision, but that was cured today (still possible it's a bad decision on the merits...)

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Nebby
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Re: SCOTUS and Other Big Cases

Post by Nebby » Mon Jun 01, 2020 10:26 am


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