ablueview, to random
@ablueview@mastodon.social avatar
slcw, to random
@slcw@newsie.social avatar
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.

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

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

wdlindsy, to geopolitics
@wdlindsy@toad.social avatar

As with all of her postings, everything Heather Cox Richardson says today deserves attention. She opens by noting that the Dow Jones closed above 40,000 for the first time in history. But "in comparison to the breathless coverage of the stock market during Trump’s administration, this milestone is getting very little coverage."


/1

https://heathercoxrichardson.substack.com/p/may-17-2024

iuculano, to random
@iuculano@masto.ai avatar

Mark Jacob @ 10:43am EST, MAY 17:

"When I was an at the , I would’ve been in trouble if I’d let my wife put a political bumper sticker on our car. But a justice’s home can fly a flag of and he’s still allowed to rule on whether the head has ."

iuculano, to Ethics
@iuculano@masto.ai avatar

Via

Justices and proudly violate rules without remorse or recourse.

We need an enforceable for the Supreme Court — and we need it now.

video/mp4

Tengrain, to random
@Tengrain@mastodon.social avatar
HamonWry, to random
@HamonWry@mastodon.world avatar

Justice Samuel Alito is an embarrassment to the Supreme Court and, frankly, to the country. He’s biased and corrupt. It’s time to expand the courts.

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

After the 2020 presidential , as some supporters falsely claimed that President had stolen the office, many of them displayed a startling symbol outside their homes, on their cars & online: an upside-down .

One of the homes flying an inverted flag during that time was the residence of Justice Samuel A Jr, in Alexandria, VA, acc/to photographs & interviews w/neighbors.

ApproachingSteed, to random
@ApproachingSteed@mstdn.social avatar

Now that we know Supreme Court Justice Samuel Alito owns a “stop the steal” sign, the question becomes:

Is he, or has he ever been, an associate of the qanon shaman? The public deserves an answer but I’ll settle for spontaneous impeachment.

https://www.nytimes.com/2024/05/16/us/justice-alito-upside-down-flag.html

bespacific, to random
@bespacific@newsie.social avatar

Faced w barrage of ethics scandals that have tarred as riddled w , Justice has sought to cast them as merely an outgrowth of politics in Washington, D.C. “It’s a hideous place,” Thomas said recently of the nation’s capital, in some of his most extensive remarks about his ethical lapses, noting that he’s been subject to “nastiness” and “lies.” Thomas added, “It’s one of the reasons we like R.V.ing.” https://newrepublic.com/article/181627/clarence-thomas-rv-loan-democrats-letter

wdlindsy, to random
@wdlindsy@toad.social avatar

“These people [Samuel Alito and Clarence Thomas] are such a disgrace to America. And it’s worth remembering that unlike Trump, they’re not really fascists. They’re more Leninists than fascists.”

~ Michael Tomasky

#SamuelAlito #ClarenceThomas #SupremeCourt
/1

https://newsletter.tnr.com/index.php?action=social&chash=3cf166c6b73f030b4f67eeaeba301103.566&s=cdd6377d8462caad2b4695418c877aea

wdlindsy,
@wdlindsy@toad.social avatar

“They’re part of a revolutionary vanguard that’s going to transform society into a right-wing theocracy whether the people want it or not (they don’t). As such, they see breaking the normal rules as part of their duty to their movement, and they see nothing wrong with having a wife who flies a MAGA flag or, in the case of Ginni Thomas, engages in ceaseless radical political activity.”

#SamuelAlito #ClarenceThomas #SupremeCourt
/2

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