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


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#161 JackD

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Posted 05 March 2020 - 05:19 PM

LFC; a brief chronology is: Art. III, Sec 1, establishes a Supreme Court without a number of Justices and grants Congress power to create lower federal courts.

The Judiciary Act of 1789 established a 6 Justice court.

1801, President John Adams and the lame duck Federalist Congress reduced the number to 5, to try to restrict Jefferson.

Jefferson's Congress repealed that and reinstated 6.

They later added a 7th.

Jackson added 2 for a total of 9.

During the Civil War another was added for a total of 10.

After the Civil War, it was reduced to 7.

Three years later 2 were added for total of 9 with 6 required for a quorum.

It has stayed that way with Roosevelt's effort to add 6, that failed in the late '30's, following which the court changed the direction of its rulings to accommodate The New Deal.

There are a variety of history articles that can be googled discussing the political ins and outs of these changes.

In short, it is perfectly legal. One can debate its desirability but clearly its political utilization is well established.

#162 LFC

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Posted 05 March 2020 - 05:33 PM

View PostJackD, on 05 March 2020 - 05:19 PM, said:

LFC; a brief chronology is:...

Holy f***! I knew the number of justices wasn't constitutionally mandated but DAMN, son. I had no idea the headcount had been that ... active. Thx for the history lesson.
" '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

#163 JackD

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Posted 05 March 2020 - 06:00 PM

Reynolds v. Sims. How about Baker v.Carr?

Yeah, who needs equal population numbers in legislative districts? Put all those Democrats over in this one and divide up the 40% that are Republicans into those 15 districts, each with a representative. They already decided they don't have jurisdiction over gerrymandering.

Just let everything settle down and eventually they'll do the right thing.

#164 golden_valley

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Posted 05 March 2020 - 08:57 PM

View PostJackD, on 05 March 2020 - 06:00 PM, said:

Just let everything settle down and eventually they'll do the right thing.

The right thing for who?

#165 JackD

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Posted 05 March 2020 - 09:23 PM

Sorry; should have attached my sarcasm tag.

#166 LFC

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Posted 14 March 2020 - 07:06 PM

A retired justice and long-time member of the elite Supreme Court Bar just resigned from that institution with a scathing letter to Justice Roberts. He has basically called Roberts out for what he is, a partisan hack who occasionally tries to appear object to smooth his legacy.

Quote

James Dannenberg is a retired Hawaii state judge. He sat on the District Court of the 1st Circuit of the state judiciary for 27 years. Before that, he served as the deputy attorney general of Hawaii. He was also an adjunct professor at the University of Hawaii Richardson School of Law, teaching federal jurisdiction for more than a decade. He has appeared on briefs and petitions as part of the most prestigious association of attorneys in the country: the Supreme Court Bar. The lawyers admitted to practice before the high court enjoy preferred seating at arguments and access to the court library, and are deemed members of the legal elite. Above all, the bar stands as a sprawling national signifier that the work of the court, the legitimacy of the institution, and the business of justice is bolstered by tens of thousands of lawyers across the nation.

On Wednesday, Dannenberg tendered a letter of resignation from the Supreme Court Bar to Chief Justice John Roberts. He has been a member of that bar since 1972. In his letter, reprinted in full below, Dannenberg compares the current Supreme Court, with its boundless solicitude for the rights of the wealthy, the privileged, and the comfortable, to the court that ushered in the Lochner era in the early 20th century, a period of profound judicial activism that put a heavy thumb on the scale for big business, banking, and insurance interests, and ruled consistently against child labor, fair wages, and labor regulations.


The full letter follows.
" '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

#167 Rich T Bikkies

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Posted 15 March 2020 - 03:24 AM

View PostLFC, on 14 March 2020 - 07:06 PM, said:

A retired justice and long-time member of the elite Supreme Court Bar just resigned from that institution with a scathing letter to Justice Roberts. He has basically called Roberts out for what he is, a partisan hack who occasionally tries to appear object to smooth his legacy.

Just read the full letter. Wow.
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#168 baw1064

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Posted 15 March 2020 - 03:38 AM

Well, they all went to law school at Harvard or Yale--even the liberal justices.
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#169 Traveler

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Posted 15 March 2020 - 08:38 PM

View PostLFC, on 14 March 2020 - 07:06 PM, said:

A retired justice and long-time member of the elite Supreme Court Bar just resigned from that institution with a scathing letter to Justice Roberts. He has basically called Roberts out for what he is, a partisan hack who occasionally tries to appear object to smooth his legacy.




The full letter follows.
That was indeed scathing.
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#170 pnwguy

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Posted 15 March 2020 - 09:57 PM

View PostTraveler, on 15 March 2020 - 08:38 PM, said:

That was indeed scathing.
But very well delivered.

Maybe Dumpster needs to eliminate Hawaii from the union. Not only is this guy there, but it's the "alleged" birthplace of Obama.

"Fake Islands. No oil. Inferior golf courses. Lots of foreigners. Greenland would be a better state"
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#171 JackD

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Posted 16 March 2020 - 12:45 PM

Pack the Court.

#172 LFC

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Posted 16 March 2020 - 01:06 PM

 JackD, on 16 March 2020 - 12:45 PM, said:

Pack the Court.

Can't. The NBA suspended their season. (Or perhaps I misunderstood?)
" '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

#173 JackD

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Posted 16 March 2020 - 02:18 PM

My bad. Not supposed to encourage crowding.





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