Breaking News Dems to SCOTUS - "Heal" or be "Restructred."

CurtisLemay

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Oh, this isn't just a little bit ominous.
Considering they would need sixty votes in the Senate to manage it, unless they first tossed the filibuster entirely, and how politically unpopular it would be; it's not a particularly credible threat.

That doesn't change how idiotic it would be, or how stupid it is to try it on this particular case. SCOTUS was almost certain to rule the case moot anyways come the long conference at the end of this month. Which is just going to energize the Republicans going into 2020, and SCOTUS still probably takes a gun case in OT2019. There are a fair number percolating and it only takes four votes to grant.

Kennedy was the most anti-gun of the five conservatives, and Kavanaugh is much more pro gun.
 
Considering they would need sixty votes in the Senate to manage it, unless they first tossed the filibuster entirely, and how politically unpopular it would be; it's not a particularly credible threat.

That doesn't change how idiotic it would be, or how stupid it is to try it on this particular case. SCOTUS was almost certain to rule the case moot anyways come the long conference at the end of this month. Which is just going to energize the Republicans going into 2020, and SCOTUS still probably takes a gun case in OT2019. There are a fair number percolating and it only takes four votes to grant.

Kennedy was the most anti-gun of the five conservatives, and Kavanaugh is much more pro gun.

Credible its not, but the fact they made it is disconcerting. They have to know how much this is motivating conservatives.
 
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Considering they would need sixty votes in the Senate to manage it, unless they first tossed the filibuster entirely, and how politically unpopular it would be; it's not a particularly credible threat.

That doesn't change how idiotic it would be, or how stupid it is to try it on this particular case. SCOTUS was almost certain to rule the case moot anyways come the long conference at the end of this month. Which is just going to energize the Republicans going into 2020, and SCOTUS still probably takes a gun case in OT2019. There are a fair number percolating and it only takes four votes to grant.

Kennedy was the most anti-gun of the five conservatives, and Kavanaugh is much more pro gun.
The objection to mootness is that they can simply put it back in place and force the plaintiff to start all over again.
 
The objection to mootness is that they can simply put it back in place and force the plaintiff to start all over again.
Sure, but that applies to every case where a law is changed to evade SCOUTS review. Which has happened a great many times historically. And virtually all the time SCOTUS declares the cases moot.

The fact of the matter is that, at the moment, the petitioners have received the relief that they sought and there is now no live controversy for the Court to rule on; nor is there any relief that the Court can actually grant (as the desired relief has already been received).
 
Sure, but that applies to every case where a law is changed to evade SCOUTS review. Which has happened a great many times historically. And virtually all the time SCOTUS declares the cases moot.

The fact of the matter is that, at the moment, the petitioners have received the relief that they sought and there is now no live controversy for the Court to rule on; nor is there any relief that the Court can actually grant (as the desired relief has already been received).
Then there needs to be adverse consequences for yo-yoing laws to evade Supreme Court review.

2nd time through the appellate process: the party changing the law gets invited to show cause why they should not pay full legal fees of the other party.

3rd time through: all right, it's not moot, you've conceded that it's unconstitutional by your acts, and you owe 10x other party's legal fees.
 
Considering they would need sixty votes in the Senate to manage it, unless they first tossed the filibuster entirely, and how politically unpopular it would be; it's not a particularly credible threat.

That doesn't change how idiotic it would be, or how stupid it is to try it on this particular case. SCOTUS was almost certain to rule the case moot anyways come the long conference at the end of this month. Which is just going to energize the Republicans going into 2020, and SCOTUS still probably takes a gun case in OT2019. There are a fair number percolating and it only takes four votes to grant.

Kennedy was the most anti-gun of the five conservatives, and Kavanaugh is much more pro gun.

What we have here is the Democrats making explicit threats aimed at John Roberts, who is now the "swing" vote on the bulk of cases - who takes his role as Chief Justice very seriously (he is, by virtue of that position, responsible for the institution of the Supreme Court).

Several candidates already want to toss the filibuster. If they think they can rig the system against conservatives/Republicans, they will do so. In fact, among some, it's a moral imperative after 2016 went so pear-shaped for them.

This is NOT going to end well.
 
So... is there anything that people who want to maintain America's checks-and-balances need to do? Or is this a time to watch as the OpFor drives itself off a cliff?
 
So... is there anything that people who want to maintain America's checks-and-balances need to do? Or is this a time to watch as the OpFor drives itself off a cliff?

I just hope we can avoid them dragging us off the cliff with them. For some time now, I've been predicting major political violence in 2020. That sort of crap can get out of hand.
 
I just hope we can avoid them dragging us off the cliff with them. For some time now, I've been predicting major political violence in 2020. That sort of crap can get out of hand.

Antifa is the lefts greatest weakness, their lack of control and violence and connections to powerful organizations means that once they go to far you can go after both them and the people who fund them.
 
Antifa is the lefts greatest weakness, their lack of control and violence and connections to powerful organizations means that once they go to far you can go after both them and the people who fund them.
Right now, they are pretty much confining their activities to areas with friendly governments. This is the same tactic Mussolini and Hitler used. Once they control their prime areas, they will start attacking the outlying areas.
 

Oh, this isn't just a little bit ominous.
Did they specify how they want the supreme court to heal? Or is this more a "Do as we say or else...!" threat?
 
Did they specify how they want the supreme court to heal? Or is this more a "Do as we say or else...!" threat?
The overall jist of it is they want the USSC to rule in a specific way, "or else". Basically, the entire brief is about how the USSC is being seen in a more and more partisan light, how it's just terrible that interest groups spend money on pushing for or against USSC nominees (when it's by conservatives).

Ironically, in this specific case, they're probably right that the court should rule that the case in question is moot. That does, in fact, fit prior precedent and the way the court normally does things. The mere fact that New York State could be acting in bad faith doesn't negate how mootness tends to work.

That said, if NYS does try and pull a fast one here by repealing the law that nullified the New York City law and thus mooted the case to reactivate it, future courts will not give them the benefit of the doubt again.
 
The overall jist of it is they want the USSC to rule in a specific way, "or else". Basically, the entire brief is about how the USSC is being seen in a more and more partisan light, how it's just terrible that interest groups spend money on pushing for or against USSC nominees (when it's by conservatives).
So the Left being their hypocritical selves as usual except in this case they have a very minor point?
 
True....unless they got sixty votes and don't mind pissing off half the country in such a way it could lead to actual war (and I don't think I'm overreacting at all, once you got the damn Supreme Court in your pocket you might as well be Venezuela), not likely they'e gonna be "restructured" yet, but the fact that these idiot clowns are even saying this is disturbing as hell. And I don't think they're just tossing a bone to the radicals either. ANTIFA are basically the left's version of the SA brownshirts of the 30's, they're the street thugs. The ones I'm personally worried about are the thugs in nice suits. I don't think it's coincidence around the same time Nadler asked to review more of Kavanaugh's files from the Bush years. I know Kavanaugh's got Secret Service protection, but I'd double his just for the reason of how insane things have gotten lately.
 
I know Kavanaugh's got Secret Service protection, but I'd double his just for the reason of how insane things have gotten lately.

The Supreme Court Police are the ones who provide SCOTUS protection. If they needed more help it would probably come from the US Marshals (they are responsible for protecting all non SCOTUS federal judges and court facilities) before the Secret Service.
 
The Supreme Court Police are the ones who provide SCOTUS protection. If they needed more help it would probably come from the US Marshals (they are responsible for protecting all non SCOTUS federal judges and court facilities) before the Secret Service.

Woopsie, my mistake. Still, with summer coming to an end hopefully we'll see cooler temperatures along with cooler tempers. That assumes we can get through the rest of August without something nasty taking place somewhere...not a particularly good month for that though, historically.

Of course, there's always next year, 2020.
 
True....unless they got sixty votes and don't mind pissing off half the country in such a way it could lead to actual war (and I don't think I'm overreacting at all, once you got the damn Supreme Court in your pocket you might as well be Venezuela), not likely they'e gonna be "restructured" yet, but the fact that these idiot clowns are even saying this is disturbing as hell. And I don't think they're just tossing a bone to the radicals either. ANTIFA are basically the left's version of the SA brownshirts of the 30's, they're the street thugs. The ones I'm personally worried about are the thugs in nice suits. I don't think it's coincidence around the same time Nadler asked to review more of Kavanaugh's files from the Bush years. I know Kavanaugh's got Secret Service protection, but I'd double his just for the reason of how insane things have gotten lately.

They would use the nuclear option if they got the majority in the Senate.

Reid use it before. Their base would demand it be used again to ensure "that Trumpism never rises again."

They are going to come for Citizen's United, Heller, McDonald, and Masterpiece Cakeshop, among other rulings.
 

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