Author Topic: RBG DDF shortlist and how it will shape the Elections  (Read 32766 times)

Online zh cohen

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Re: RBG DDF shortlist and how it will shape the Elections
« Reply #340 on: October 27, 2020, 12:41:44 PM »
https://www.wsj.com/articles/we-may-get-a-conservative-chief-justice-11603749647

If Roberts joins the liberals, Thomas gets to assign the opinion.

Didn't read the whole thing (paywall) but this just means that there will be more 6-3 decisions, rather than 5-4, right?

Offline justaregularguy

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Re: RBG DDF shortlist and how it will shape the Elections
« Reply #341 on: October 27, 2020, 12:48:33 PM »
Didn't read the whole thing (paywall) but this just means that there will be more 6-3 decisions, rather than 5-4, right?
essentially yes. whatever side the court rules, the senior member writes the opinion so now that acb is there likely to be more conservative outcomes. now if roberts agrees w the conservatives he still will write the opinion, its just that if roberts argues, it would be thomas
nothings impossible- the word itself says Im possible

Online aygart

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Re: RBG DDF shortlist and how it will shape the Elections
« Reply #342 on: October 27, 2020, 12:50:18 PM »
Didn't read the whole thing (paywall) but this just means that there will be more 6-3 decisions, rather than 5-4, right?
No it is about the technicalities of how writing opinions gets assigned

‘Chief Justice Thomas” was the headline of an article I wrote in the Journal late in 2004. I urged President George W. Bush to elevate Justice Clarence Thomas if Chief Justice William Rehnquist retired the following year. Mr. Bush didn’t follow my advice when Rehnquist died in September 2005. But as Amy Coney Barrett dons her high-court robe, Justice Thomas may find himself filling an unaccustomed leadership role.

Over the past decade Chief Justice John Roberts emerged as a frequent swing vote when the associate justices divided 4-4 along familiar liberal-conservative lines. In numerous cases—most famously National Federation of Independent Business v. Sebelius (2012), which upheld ObamaCare—he cast his vote with the four Democratic appointees, although his opinions were sometimes less sweeping than theirs. In June Medical Services v. Russo (2020), the court voted 5-4 to strike down Louisiana abortion restrictions, but Chief Justice Roberts pointedly declined to join Justice Stephen Breyer’s opinion repudiating the rules. Instead the chief justice made clear in concurrence that he was only adhering to a four-year-old precedent, from which he had dissented and with which he still professes to disagree.

A charitable observer would say that Chief Justice Roberts is concerned about the court’s legitimacy and independence—that he wishes above all to avoid the perception that it responds to political pressure. An uncharitable one would say that in pursuit of that objective, he is creating not only the appearance but the reality of a political court. Either way, with a Republican-appointed majority of associate justices, the chief justice has lost this tie-breaking power.

That’s where Justice Thomas comes in. The chief justice is an especially potent swing voter, because he also has the power to assign authorship of the majority opinion, including to himself. That can help shape a decision’s scope and direction—usually, in Chief Justice Roberts’s case, by making it more tentative.
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If the chief justice is in dissent, however, the assignment power falls to the most senior associate justice in the majority. Clarence Thomas is now the most senior justice, so he will assign authorship any time he is in the majority and Chief Justice Roberts dissents.

Justice Thomas is something of an anti-Roberts. His lone concurrences and dissents are usually not incremental but adventurous, urging colleagues to break new legal ground or rethink old precedents. In June Medical Services, he argued that Roe v. Wade was wrongly decided and should be overturned—a position no other sitting justice has endorsed since Antonin Scalia died in 2016.

So what does Chief Justice Roberts do when the associate justices split 5-3 along familiar lines? If he joins the liberals and makes it 5-4, Justice Thomas gets to assign the majority opinion and perhaps induce the court to a bolder conclusion. If the chief justice joins the majority, he makes the assignment. The resulting 6-3 decision will likely be less sweeping, but it won’t be liberal. Those who hoped for a conservative chief justice 15 years ago may finally get one.

Mr. Taranto is the Journal’s editorial features editor.
Feelings don't care about your facts

Offline PlatinumGuy

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Re: RBG DDF shortlist and how it will shape the Elections
« Reply #343 on: October 28, 2020, 10:36:22 PM »
https://apnews.com/article/election-2020-samuel-alito-amy-coney-barrett-north-carolina-elections-4cb4c214446bcfadbd73dafca9353701?utm_source=Twitter&utm_campaign=SocialFlow&utm_medium=AP

Forgot which thread we debated this in, but SCOTUS just refused to knock down NCs policy of counting ballots received until Nov 12
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Offline PlatinumGuy

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Re: RBG DDF shortlist and how it will shape the Elections
« Reply #344 on: October 29, 2020, 10:24:17 PM »
https://www.politico.com/news/2020/10/29/court-suggests-minnesota-ballots-tossed-433656

Quote
The 8th Circuit Court of Appeals panel split 2-1 on its order that the late-arriving ballots be segregated, which would allow them to be removed from the final count if a court later threw them out. The judges ruled that the case was “likely to succeed on the merits.”
....

Judges Bobby Shepherd, an appointee of former President George W. Bush, and Trump appointee L. Steven Grasz formed the majority. Judge Jane Kelly, who was appointed by former President Barack Obama, dissented.

Let's see if SCOTUS will toss this out like they tossed out the GOP suit in NC, the candidates aren't wasting time and rushed to campaign in Minnesota https://www.startribune.com/trump-biden-both-headed-to-minnesota-for-friday-rallies/572911991/
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Offline ah giten

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Re: RBG DDF shortlist and how it will shape the Elections
« Reply #345 on: October 30, 2020, 12:21:46 AM »
https://www.politico.com/news/2020/10/29/court-suggests-minnesota-ballots-tossed-433656

Let's see if SCOTUS will toss this out like they tossed out the GOP suit in NC, the candidates aren't wasting time and rushed to campaign in Minnesota https://www.startribune.com/trump-biden-both-headed-to-minnesota-for-friday-rallies/572911991/
was Trump really expecting to have 25k participants?

Offline PlatinumGuy

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Re: RBG DDF shortlist and how it will shape the Elections
« Reply #346 on: October 30, 2020, 12:23:54 AM »
was Trump really expecting to have 25k participants?
Sounds like it. Shooting himself in the leg
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Online Kobe Bryant

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Re: RBG DDF shortlist and how it will shape the Elections
« Reply #347 on: November 14, 2020, 11:43:24 PM »