Jump to content


SCOTUS Decisions - The Good, The Bad, and The Ugly


107 replies to this topic

#101 LFC

    Fiscal Conservative

  • Members
  • PipPipPip
  • 25170 posts
  • LocationPennsylvania

Posted 06 December 2018 - 07:58 AM

There's an interesting case headed to SCOTUS on whether prosecution by a state and by the feds is double jeopardy.

Quote

The Supreme Court is set to hear arguments about an exception to the Constitution’s ban on being tried for the same offense. The outcome could have a spillover effect on the investigation into Russian meddling in the 2016 election.

The justices are taking up an appeal Thursday from federal prison inmate Terance Gamble. He was prosecuted separately by Alabama and the federal government for having a gun after an earlier robbery conviction.

The high court is considering whether to overturn a court-created exception to the Constitution’s double-jeopardy bar that allows state and federal prosecutions for the same crime. The court’s ruling could be relevant if President Donald Trump were to pardon someone implicated in special counsel Robert Mueller’s probe and a state wanted to pursue its own charges against that person.

Supreme Court lawyer Tom Goldstein joked at a Washington event before the term began in October that the high court case should be called New York v. Manafort, a reference to former Trump campaign manager Paul Manafort. Trump has refused to rule out an eventual pardon for Manafort, who has been convicted of federal financial fraud and conspiracy crimes. It’s by no means certain that the high court ruling will affect future prosecutions.

But Trump’s Justice Department is urging the court not to depart from what it says is an unbroken line of cases reaching back nearly 170 years in favor of allowing prosecutions by state and federal authorities. Thirty-six states that include Republican-led Texas and Democratic-led New York are on the administration’s side, as are advocates for Native American women who worry that a decision for Gamble would make it harder to prosecute domestic and sexual violence crimes.

Civil rights scholars at Howard University adopt a sort of middle ground that urges the court to at least preserve the federal government’s ability to lead civil rights prosecutions against people who have been acquitted of state charges. Civil rights charges to fight crimes of racial violence have been a key tool for federal prosecutors, especially when Southern juries were unwilling to convict defendants. The most recent example the scholars cited is the successful federal prosecution of Los Angeles police officers who had been acquitted of state charges in the beating of Rodney King.

On the other side, liberal and conservative groups say that the huge growth in federal criminal prosecutions in recent decades makes it urgent for the court to rein in successive prosecutions for the same crime.

Reinforcing the seemingly odd alliances in play on this issue, the unlikely high court duo of Justices Ruth Bader Ginsburg and Clarence Thomas first suggested in 2016 that the topic “bears fresh examination in an appropriate case.”

At least four justices — the minimum required to hear arguments — felt Gamble’s situation is that appropriate case.

" 'Individual conscience' means that women only get contraceptives if their employers, their physicians, their pharmacists, their husbands and/or fathers, pastors, and possibly their mayors, Governors, State Secretaries of Health, Congressmen, Senators, and President all agree that in that particular case they're justifiable." --D.C. Sessions

"That's the problem with being implacable foes - no one has any incentive to treat you as anything more than an obstacle to be overcome."

"The 'Road to Serfdom' is really all right turns." --Progressive Whisperer

""The GOP ... where every accusation is also a confession." --Progressive Whisperer

#102 pnwguy

    Advanced Member

  • Members
  • PipPipPip
  • 1405 posts
  • LocationPortlandia

Posted 06 December 2018 - 09:57 AM

If the Court rules these are double jeopardy situations at least I can imagine that tax fraud is slightly different. Each tax filing is a separate willful act, between the defendant and the IRS in one circumstance, and whatever states have jurisdiction on revenue. So state prosecution wouldn’t be stopped by a federal pardon.
"All glory to the HypnoTrump, or else..."

"It all makes sense when you remind yourself that the GOP is no longer a political party but turned into an organized crime family"

"I hope to live long enough that the name Trump is reviled as much as the name Hitler or Stalin"

#103 JackD

    Advanced Member

  • Members
  • PipPipPip
  • 1405 posts
  • LocationChicago area

Posted 06 December 2018 - 11:24 AM

If the court rules against dual prosecution powers under the double jeopardy doctrine, it will, in effect, be binding the federal government to a factual finding in state court that it (the federal government) had no right to participate in and in which it was not a party. That is problematic to say the least.

#104 LFC

    Fiscal Conservative

  • Members
  • PipPipPip
  • 25170 posts
  • LocationPennsylvania

Posted 10 December 2018 - 02:17 PM

SCOTUS declines to hear a case where states want to selectively prevent Medicaid money from reaching Planned Parenthood. Kavanaugh seems to be laying low but Thomas, Alito, and Gorsuch were all in. This could have just as easily been posted in the Right-wing Christians Are Collecting What They Sold Their Souls For thread.

Quote

The Supreme Court on Monday avoided a high-profile case by rejecting appeals from Kansas and Louisiana in their effort to strip Medicaid money from Planned Parenthood, over the dissenting votes of three justices.

The court’s order reflected a split among its conservative justices and an accusation from Justice Clarence Thomas that his colleagues seemed to be ducking the case for political reasons.

The two states were appealing lower court rulings that had blocked them from withholding money that is used for health services for low-income women. The money is not used for abortions. Abortion opponents have said Planned Parenthood should not receive any government money because of heavily edited videos that claimed to show the nation’s largest abortion provider profiting from sales of fetal tissue for medical research.

Investigations sparked by the videos in several states didn’t result in criminal charges.

The dispute at the high court has nothing to do with abortion, as Thomas pointed out in a dissent that was joined by Justices Samuel Alito and Neil Gorsuch. In his first discernible vote on the court, new Justice Brett Kavanaugh declined to join Thomas, Alito and Gorsuch because a fourth vote would have been enough to set the case for arguments. Chief Justice John Roberts also did not vote to hear the case, along with the four more liberal justices.

The issue is who has the right to challenge a state’s Medicaid funding decisions, private individuals or only the federal government. The states say that the Medicaid program, a joint venture of federal and state governments to provide health care to poorer Americans, makes clear that only the Secretary of Health and Human Services can intervene, by withholding money from a state.

Most lower federal courts have found that private parties can challenge Medicaid funding decisions in court, although the federal appeals court in St. Louis rejected a similar court challenge and allowed Arkansas to end its contract with Planned Parenthood. A split among federal appeals courts is often a reason for the Supreme Court to step in.

“So what explains the court’s refusal to do its job here? I suspect it has something to do with the fact that some respondents in these cases are named ‘Planned Parenthood.’ That makes the Court’s decision particularly troubling, as the question presented has nothing to do with abortion,” Thomas wrote.

" 'Individual conscience' means that women only get contraceptives if their employers, their physicians, their pharmacists, their husbands and/or fathers, pastors, and possibly their mayors, Governors, State Secretaries of Health, Congressmen, Senators, and President all agree that in that particular case they're justifiable." --D.C. Sessions

"That's the problem with being implacable foes - no one has any incentive to treat you as anything more than an obstacle to be overcome."

"The 'Road to Serfdom' is really all right turns." --Progressive Whisperer

""The GOP ... where every accusation is also a confession." --Progressive Whisperer

#105 AnBr

    Advanced Member

  • Members
  • PipPipPip
  • 12298 posts

Posted 11 January 2019 - 03:31 PM

Ginsburg Has No Remaining Signs Of Cancer, Will Return To Supreme Court.
"Science is more than a body of knowledge; it is a way of thinking. I have a foreboding of an America in my children's or grandchildren's time - when the United States is a service and information economy; when nearly all the key manufacturing industries have slipped away to other countries; when awesome technological powers arc in the hands of a very few, and no one representing the public interest can even grasp the issues; when the people have lost the ability to set their own agendas or knowledgeably question those in authority; when, clutching our crystals and nervously consulting our horoscopes, our critical faculties in decline, unable to distinguish between what feels good and what's true, we slide, almost without noticing, back into superstition and darkness.

— Carl Sagan
The Demon-Haunted World: Science as a Candle in the Dark
1995


“As democracy is perfected, the office of president represents, more and more closely, the inner soul of the people. On some great and glorious day the plain folks of the land will reach their heart's desire at last and the White House will be adorned by a downright moron.”

— H.L. Mencken
On Politics: A Carnival of Buncombe


“The test of our progress is not whether we add more to the abundance of those who have much; it is whether we provide enough for those who have too little.”

— Franklin Delano Roosevelt
Second inaugural address January, 1937

#106 Traveler

    Rambling Member

  • Members
  • PipPipPip
  • 12593 posts
  • LocationPhilly Area

Posted 11 January 2019 - 05:18 PM

Quote

This is the third time Ginsburg has had cancer. Ginsburg fans can rest a bit easier with the news; doctors say that her odds of long-term survival are in the neighborhood of 80 percent.
How long is long-term?
"Men occasionally stumble over the truth, but most of them pick themselves up and hurry off as if nothing had happened."-- Winston Churchill
"Anyone who has the power to make you believe absurdities has the power to make you commit injustices" Voltaire

#107 D. C. Sessions

    I don't have to pretend to be an adult any more

  • Members
  • PipPipPip
  • 8759 posts
  • LocationCentral New Mexico

Posted 11 January 2019 - 06:26 PM

View PostTraveler, on 11 January 2019 - 05:18 PM, said:

How long is long-term?

Until we're all dead.
"Robots aren't the problem. Capitalism is." -- Last words of Stephen Hawking.
These days, "libertarian" is just a euphemism for a Nazi who's afraid to commit.
"If you're not outraged, you're not paying attention." -- Heather Heyer
"I'd rather have my child, but by golly, if I gotta give her up, we're gonna make it count." -- Her mother
"Your purpose, then, plainly stated, is that you will destroy the Government, unless you be allowed to construe and enforce the Constitution as you please, on all points in dispute between you and us. You will rule or ruin in all events." -- some RINO

#108 Traveler

    Rambling Member

  • Members
  • PipPipPip
  • 12593 posts
  • LocationPhilly Area

Posted 11 January 2019 - 07:03 PM

nope. just her.
"Men occasionally stumble over the truth, but most of them pick themselves up and hurry off as if nothing had happened."-- Winston Churchill
"Anyone who has the power to make you believe absurdities has the power to make you commit injustices" Voltaire





1 user(s) are reading this topic

0 members, 1 guests, 0 anonymous users