slcw, to random
@slcw@newsie.social avatar
br00t4c, to random
@br00t4c@mastodon.social avatar
CindyWeinstein, to random
@CindyWeinstein@zirk.us avatar

How low can you go? "Every one of the Supreme Court’s nine justices is well aware of the recusal statute that binds federal judges . . . Even then, before produced its own totally voluntary, never-say-never ethical guidelines in 2023, internal policy and external law required them to refrain from acting like thin-skinned partisan nuts, and to recuse themselves from relevant cases when they failed to adhere to this standard. This is a low bar to clear."

https://slate.com/news-and-politics/2024/05/alito-flag-supreme-court-justices-stop-the-steal-ethics-rules-pitiful.html

OGjester, to random
@OGjester@stranger.social avatar

#SCOTUS justices are basically the judicial version of monarchs. They answer to no one, like monarchs. They serve lifetime appointments, like monarchs. They can openly commit crimes, and there are no consequences - just like monarchs.

br00t4c, to random
@br00t4c@mastodon.social avatar

Alito Flew Upside-Down American Flag in the Aftermath of the 2020 Presidential Election

Then tried to blame it on his wife. Brave.

https://youtube.com/watch?v=JGbNn7EeyFQ&si=FBEwjRTtLjye9xJc

RememberUsAlways, to random
@RememberUsAlways@newsie.social avatar

This entire discussion about and brings me back to months before
.

Remember the boats sinking and of with toxic flag wars?

I noticed none of that shit is happening this cycle because know how to truck!


JasonPerseus, to Law
@JasonPerseus@mas.to avatar

So all the action in #CFPB opinion is in the concurrences.

Justice Kagan writes separately in concurrence, joined by Sotomayor, Kavanaugh, and Barrett.

For which purpose do these four find common ground?

To grant interpretive weight to traditionalism and evolving practice over time.

With big, big administrative cases coming up on their docket, perhaps a significant signal?

#SCOTUS #SupremeCourt #law #lawfedi #legal #uspol #politics #uspolitics

JasonPerseus,
@JasonPerseus@mas.to avatar

Let's dive into some citations Kagan used and see what the underlying stuff says.

For fun---because I definitely see a Federalist citation in there and the beauty of the writing is irresistible.

Chiafalo v. Washington, you may actually recall, was a Supreme Court case involving "Faithless Electors" in the 2016 election. (Image: Summary of Facts)

The Court permitted States to penalize the faithless electors.

JasonPerseus,
@JasonPerseus@mas.to avatar

I cut off the nested citation in the original image with Chiafalo in it, but the quote goes one level deeper to The Pocket Veto Case from 1929.

We must go deeper! Submarine noises

#SCOTUS #SupremeCourt #law #lawfedi #legal #uspol #politics #uspolitics

JasonPerseus,
@JasonPerseus@mas.to avatar

The Pocket Veto Case was a case in which President Coolidge allowed a bill passed by Congress to expire without signing it after Congress' adjournment.

The question was whether the bill was law considering the Presentment Clause in Article I. (Image 1)

The Clause reads like an LSAT logic game, but the Court held the bill did not become law.

The important part for Kagan's opinion is the quote's context: (Image 2).

#SCOTUS #SupremeCourt #law #lawfedi #legal #uspol #politics #uspolitics

image/png

JasonPerseus,
@JasonPerseus@mas.to avatar

So if the Executive has been allowed to do something for a long time, and its done it for a long time, and the Legislature let it do it for a long time, and the Judiciary approved its doing it for a long time, then there is a constitutional inertia that exists.

The Court can intervene, but only if it can overcome the inertia.

The big interest: What about a 40-year practice of agency deference?
https://www.scotusblog.com/2024/01/supreme-court-likely-to-discard-chevron/

#SCOTUS #SupremeCourt #law #lawfedi #legal #uspol #politics #uspolitics

JasonPerseus,
@JasonPerseus@mas.to avatar

We surface back to Kagan's concurrence, where she chain cites to Federalist 37 in support of the same principle.

I don't have the same version, but I presume this is where she's pointing.

James Madison explaining that even the most well-planned laws must draw their interpretation from the reality they address.

That it is necessary because we cannot imagine all possibilities. We don't even have the words we will need.

#SCOTUS #SupremeCourt #law #lawfedi #legal #uspol #politics #uspolitics

JasonPerseus,
@JasonPerseus@mas.to avatar

Kagan then details the 200 years of unbroken tradition with broad Congressional discretion over form of Appropriation.

"The founding-era practice that the Court relates (Image 1) became the 19th-century practice (Image 2), which became the 20th-century practice (Image 3), which became today’s. (Image 4)"

[parenthetical added by me]

And throwing in Scalia for good measure. Everyone loves a good Scalia cite.

#SCOTUS #SupremeCourt #law #lawfedi #legal #uspol #politics #uspolitics

image/png
image/png
image/png

JasonPerseus,
@JasonPerseus@mas.to avatar

Kagan then notes that there are many appropriations made which are not on an annual basis and not required to return to the Legislature for additional funding:

Customs Service, Post Office, Office of the Comptroller of the Currency (Definitely an office I knew existed 😉), and the Federal Reserve Board.

And that's about it for Kagan and her interesting squad of justices.

What do these tea leaves mean?! (Who knows)

#SCOTUS #SupremeCourt #law #lawfedi #legal #uspol #politics #uspolitics

JasonPerseus,
@JasonPerseus@mas.to avatar

But wait! Where's Justice Jackson?

Notably, she writes separately in concurrence.

What point does she feel it's important to make?

When the Constitution provides a power to another branch without limitation, the Courts shouldn't presume their right to craft a limit.

McCulloch v. Maryland... another oldie but a goodie.

#SCOTUS #SupremeCourt #law #lawfedi #legal #uspol #politics #uspolitics

JasonPerseus,
@JasonPerseus@mas.to avatar

McCulloch v. Maryland was an early case from 1819 in which the State of Maryland had put a tax on a bank chartered by the federal government. The litigation stemmed from a refusal to pay the tax, and the Court of Appeals held the bank to be unconstitutional, necessitating Supreme Court review.

Ends up being the seminal "necessary & proper" case.

And the part to which she cites... is exactly that:

#SCOTUS #SupremeCourt #law #lawfedi #legal #uspol #politics #uspolitics

JasonPerseus,
@JasonPerseus@mas.to avatar

Jackson: Separation. Of. Powers.

She cites to this part of Byrd, citing Richardson.

The context around the quoted part is, I think, extremely important. (Image 2).

It not only notes that the court's role is not general supervision, but that the "irreplaceable value of [judicial review]" is its protection of individual liberties.

#SCOTUS #SupremeCourt #law #lawfedi #legal #uspol #politics #uspolitics

image/png

JasonPerseus, to politics
@JasonPerseus@mas.to avatar

“Alito doesn’t deny the flag was flying upside down, doesn’t deny its meaning, doesn’t express any disapproval for it and doesn’t disavow it.”

This wasn’t a random period of time. It was AFTER January 6 and BEFORE the inauguration.

ITS A SYMBOL OF INSURRECTION.

A Justice has never made a more persuasive case for the Legislature to kick them out on their ass for bad behavior than has Alito.

https://www.vanityfair.com/news/story/samuel-alito-didnt-give-a-f-k-then-and-he-doesnt-give-a-f-k-now

hambonehead, to random
@hambonehead@c.im avatar

Listening to FIVE MINUTE NEWS (SCOTUS Judge Samuel Alito flies 'Stop the Steal' upside down flag outside house in 2020.): https://www.podtrac.com/pts/redirect.mp3/pdst.fm/e/chrt.fm/track/E7177/pscrb.fm/rss/p/traffic.megaphone.fm/FPMN3895618035.mp3?updated=1716012846

After the 2020 presidential election, as Trump falsely claimed that President Joe Biden had stolen the election, people displayed a startling symbol outside their homes, on their cars and in online posts: an upside-down American flag. One of the homes flying an inverted flag during that time was the residence of Supreme Court Justice Samuel Alito, in Alexandria, Virginia, according to photographs and interviews with neighbors. Alarmed neighbors snapped photographs, some of which were recently obtained by The New York Times. Word of the flag filtered back to the court, people who worked there said in interviews. Join this channel to get access to perks: https://www.youtube.com/channel/UCkbwLFZhawBqK2b9gW08z3g/join Five Minute News with Anthony Davis is an Evergreen Podcast, covering politics, inequality, health and climate - delivering independent, unbiased and essential news for the US and across the world. Visit us online at http://www.fiveminute.news Follow us on Twitter http://twitter.com/fiveminnews Follow us on Instagram http://instagram.com/fiveminnews Support us on Patreon http://www.patreon.com/fiveminutenews You can subscribe# to Five Minute News with your preferred podcast app, ask your smart speaker, or enable Five Minute News as your Amazon Alexa Flash Briefing skill. Please subscribe HERE https://www.youtube.com/channel/UCkbwLFZhawBqK2b9gW08z3g?sub_confirmation=1 Learn more about your ad choices. Visit megaphone.fm/adchoices

https://www.podtrac.com/pts/redirect.mp3/pdst.fm/e/chrt.fm/track/E7177/pscrb.fm/rss/p/traffic.megaphone.fm/FPMN3895618035.mp3?updated=1716012846

Nonya_Bidniss, to random
@Nonya_Bidniss@mas.to avatar

Why has it taken over 3 years for American media to report that an extremist SCOTUS Justice flew a "duress flag" -- a symbol used by the insurrectionists -- for days after January 6? Why 3 years?
#SCOTUS #Alito #extremism

br00t4c, to random
@br00t4c@mastodon.social avatar

Things Are Upside Down at SCOTUS, and It's Not Just the Flag on Alito's Lawn.

https://slate.com/podcasts/amicus/2024/05/justice-alitos-upside-down-flag-donald-trump-and-the-limits-of-the-law

br00t4c, to random
@br00t4c@mastodon.social avatar

▶ SCOTUS Justice CAUGHT With An Upside-Down American Flag Displayed Outside His Home, Blames Wife

https://www.youtube.com/watch?v=GxeM8O6MMyg

br00t4c, to random
@br00t4c@mastodon.social avatar
paninid, to history
@paninid@mastodon.world avatar

Roger Taney, ahem, Samuel Alito…

Nonilex, to Law
@Nonilex@masto.ai avatar
Nonilex,
@Nonilex@masto.ai avatar

…“I had no involvement whatsoever in the flying of the flag, “Justice #Alito emailed NYT. “It was briefly placed by Mrs. Alito in response to a neighbor’s use of objectionable & personally insulting language on yard signs.”

…Interviews show Alito’s wife, Martha-Ann Alito, had been in a dispute w/another family on the block over an anti-Trump sign on their lawn, given the timing & starkness of the symbol, neighbors interpreted the inverted flag as a #political stmnt by the couple.

#SCOTUS #law

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