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Senate The Supreme Court

Discussion in 'Community' started by Ghost, Oct 9, 2011.

  1. vncredleader

    vncredleader Force Ghost star 5

    Registered:
    Mar 28, 2016
    Mitch is evil, but he is smart enough to close the gap he made. Plus the dems probably wouldnt even push as hard as he did if they could
     
  2. Vaderize03

    Vaderize03 Manager Emeritus star 6 VIP - Former Mod/RSA

    Registered:
    Oct 25, 1999
    Looks like they're holding off on Trump's taxes. Interesting.

    Thursday perhaps?
     
  3. Yodaminch

    Yodaminch Chosen One star 6

    Registered:
    Mar 6, 2002
    So, if I understand this correctly, if the state compact actually happens and they get the 270 needed, the Supreme Court is saying that the states can effectively force the electoral vote to follow the popular vote by binding their electors to vote the popular vote choice?
     
    Last edited: Jul 6, 2020
  4. dp4m

    dp4m Also a Narc star 10

    Registered:
    Nov 8, 2001
    This may just be me -- and I've tried to ask SCOTUSBlog -- but with the delay in Vance and Mazars LLP, I'm wondering if the conventional wisdom may be wrong and the delay is because the Vance side (widely expected to succeed on merit) may be getting the Mazars group on their side, so both are successful. That's... unlikely, but not out of the question.

    EDIT:
    Eh, maybe not. Theoretically the majority opinion doesn't say that -- only that the electors must follow the binding of any pledge made to their state to uphold the state's popular vote, but Clarence Thomas' concurrence would somewhat more explicitly allow this, since he doesn't believe the Constitution remedies this and all elector changes come only from the states themselves...
     
    Last edited: Jul 6, 2020
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  5. Vaderize03

    Vaderize03 Manager Emeritus star 6 VIP - Former Mod/RSA

    Registered:
    Oct 25, 1999
    Would depend on whether or not the fact that the state voted for the compact outweighs its popular vote in any given presidential election. It's a fascinating question, and the Court could go either way. I'd love to see a case based on it, and listen to the oral arguments that it would produce.

    Not likely to be an issue for years, though.
     
  6. Jedi Knight Fett

    Jedi Knight Fett PT Interview Host/All-Around Good Guy star 10 VIP - Game Host

    Registered:
    Feb 18, 2014
    It seems pretty open and shut to me. Legally anyway. States get to decide how their electorate votes in the election. Saying they want their votes to go to the popular vote falls within that. Doesn’t seem really complicated.
     
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  7. dp4m

    dp4m Also a Narc star 10

    Registered:
    Nov 8, 2001
    ... except that's not (in concept) what the majority opinion says. Except Clarence Thomas' concurrence, of all things.

    So both of those are decently clear on this being regarding the state's popular vote. However, Thomas' concurrence leaves any elector pledge to the state entirely:

     
  8. Jedi Knight Fett

    Jedi Knight Fett PT Interview Host/All-Around Good Guy star 10 VIP - Game Host

    Registered:
    Feb 18, 2014
    I wasn’t talking about the Supreme Court I was talking about in general. At least as far as I can tell. States are allowed to do whatever they want with their votes so long as an election was held.
     
  9. Vaderize03

    Vaderize03 Manager Emeritus star 6 VIP - Former Mod/RSA

    Registered:
    Oct 25, 1999
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  10. Jedi Knight Fett

    Jedi Knight Fett PT Interview Host/All-Around Good Guy star 10 VIP - Game Host

    Registered:
    Feb 18, 2014
    I think a straight up amendment to the constitution is more likely than the compact if I am being honest.
     
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  11. Vaderize03

    Vaderize03 Manager Emeritus star 6 VIP - Former Mod/RSA

    Registered:
    Oct 25, 1999
    Agreed. But if we're going to amend the Constitution that way, I'd say ditch the Electoral College completely. It was a sucky compromise at the founding, and it sucks now.
     
  12. Jedi Knight Fett

    Jedi Knight Fett PT Interview Host/All-Around Good Guy star 10 VIP - Game Host

    Registered:
    Feb 18, 2014
    Oh I agree completely. Best case scenario is in the future a Republican loses the electoral vote but wins popular. That would get a lot of people on the same side across the isle.

    although I doubt that would ever happen
     
    Last edited: Jul 6, 2020
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  13. Rogue1-and-a-half

    Rogue1-and-a-half Manager Emeritus who is writing his masterpiece star 8 VIP - Former Mod/RSA

    Registered:
    Nov 2, 2000
    Very nearly happened with Bush & Kerry, as memory serves. Or, well, not "nearly," probably, but Bush smoked Kerry in the EC, but only won popular by a couple of percentage points.

    EDIT: Wait, that doesn't make sense with what you said . . . or . . . I have no idea what I'm talking about, I think.

    Wait, no, I think Kerry was within a tight margin in a couple of pivotal states, so he might have flipped the EC . . . Okay, ****, I should either actually look this up or be quiet. :p
     
    Last edited: Jul 6, 2020
  14. Vaderize03

    Vaderize03 Manager Emeritus star 6 VIP - Former Mod/RSA

    Registered:
    Oct 25, 1999
    So apparently, the 'robocalls' case was the one in which....

    As the court was hearing oral arguments remotely due to the coronavirus pandemic, lawyer Roman Martinez, representing the challengers, was speaking when the distinct sound of a toilet flushing came over the speakers. Martinez was unfazed by the distraction, and the court has not identified the culprit.

    ...the flush was heard around the world. An apt metaphor to the challenger's attempts to push unlimited political ads to our cellphones if there ever was one.
     
    Last edited: Jul 6, 2020
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  15. dp4m

    dp4m Also a Narc star 10

    Registered:
    Nov 8, 2001
    Opinions tomorrow, supposedly. Same bat time, same bat channel...
     
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  16. Vaderize03

    Vaderize03 Manager Emeritus star 6 VIP - Former Mod/RSA

    Registered:
    Oct 25, 1999
    Ooh I’m drooling. Someone get me a towel...
     
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  17. Princess_Tina

    Princess_Tina Chosen One star 7

    Registered:
    May 10, 2001
    I did not imagine he was having medical problems

     
    Last edited: Jul 7, 2020
  18. dp4m

    dp4m Also a Narc star 10

    Registered:
    Nov 8, 2001
    I'm guessing this announcement means tomorrow will be the next to last day, the last day will be Thursday or Friday, and it will be announced by the CJ tomorrow (as per tradition).

    They wouldn't have released the story today if there was still expectation of work being done, and therefore press asking questions.
     
  19. dp4m

    dp4m Also a Narc star 10

    Registered:
    Nov 8, 2001
    So, literally all of the cases remaining are pretty big...

    1) Trump taxes (Trump v. Vance , Trump v. Mazars USA (consolidated with Trump v. Deutsche Bank) )
    2) Whether a large portion of Oklahoma is, in fact, Native tribal land (McGirt v. Oklahoma)
    3) ACA Birth Control Mandate (Little Sisters of the Poor Sts. Peter and Paul Home v. Pennsylvania (consolidated with Trump v. Pennsylvania))
    4) Employee discrimination at religious schools (Our Lady of Guadalupe School v. Morrissey-Berru (consolidated with St. James School v. Biel))

    25 minutes...
     
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  20. Yodaminch

    Yodaminch Chosen One star 6

    Registered:
    Mar 6, 2002
    Not holding my breath on taxes today. But if this gets dragged out to Monday and it doesn’t go Trump’s way, he’ll be in one hell of a rage with that and Mary’s book. So if waiting til Monday means we get opinions against Trump, I will happily wait.
     
  21. Vaderize03

    Vaderize03 Manager Emeritus star 6 VIP - Former Mod/RSA

    Registered:
    Oct 25, 1999
    Here we go...

    EDIT #1: Religious school employers are shielded from employment discrimination claims by the First Amendment. 7-2. Opinion by Alito.
     
    Last edited: Jul 8, 2020
  22. dp4m

    dp4m Also a Narc star 10

    Registered:
    Nov 8, 2001
    We have at least employee discrimination at religious schools...

    EDIT: Looks like you cannot sue religious schools for employee discrimination as a whole.
    EDIT2: Primarily, the 7-2 vote is upholding the "ministerial exception," which the Court believed was improperly not applied in this case:

     
    Last edited: Jul 8, 2020
  23. KnightWriter

    KnightWriter Administrator Emeritus star 9 VIP - Former Mod/RSA

    Registered:
    Nov 6, 2001
    David-- we're all reading Scotusblog too, you know.
     
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  24. dp4m

    dp4m Also a Narc star 10

    Registered:
    Nov 8, 2001
    Not everyone does. Pretty sure Juliet and others don't. At least I'm not double-posting or gatekeeping, you elitist Southwesterner! :p

    EDIT: Birth control mandate is last today. No taxes or tribal land.

    EDIT2: This one is... a weird mish-mash of opinions.

    tl, dr:
    But the majority apparently opinion holds only that the departments can consider the RFRA, whereas Alito's concurrence states that the same departments must consider the RFRA... presumably only the majority opinion holds most of the legal water here.
     
    Last edited: Jul 8, 2020
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  25. KnightWriter

    KnightWriter Administrator Emeritus star 9 VIP - Former Mod/RSA

    Registered:
    Nov 6, 2001
    Looks like tomorrow is Tax Day.