skykiss, to random
@skykiss@sfba.social avatar

Since we now know Alito was flying his flag upside down at the time, let’s review one of the plans the coup plotters had involving him.

This interview by criminal defendant Powell is interesting. It suggests that the purpose of the insurrection was to DELAY the electoral college certification to give time to intervene on this legal challenge. But, Powell says they didn’t anticipate Pelosi reconvening Congress that day.

Crimal defendant Powell is interesting. It suggests that the purpose of the insurrection was to DELAY the electoral college certification to give time to intervene on this legal challenge. But, Powell says they didn’t anticipate Speaker Pelosi reconvening Congress.

skykiss,
@skykiss@sfba.social avatar

Remember when John Eastman admitted his proposals to nullify the 2020 election would lose at 7-2?

The two Eastman was counting on for the insurrection were Thomas (atop the 11th circuit where they filed a lawsuit in Georgia) and Alito (atop the 5th circuit where they filed a lawsuit in Texas). That’s according to under-oath testimony from Pence’s lawyer. 2/

rcpierce, to Law
@rcpierce@mastodon.online avatar

Tips for young lawyers: don’t file this. Don’t file anything like this. Just…no.

That being said, all of us are immediately identifying who in our law school class would most likely file something like this.

Legal filing describing the judge as ugly, a racist, and ass-licking of male attorneys.
image/jpeg

JasonPerseus, to Law
@JasonPerseus@mas.to avatar

So all the action in 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?

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

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).

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/

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.

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.

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)

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.

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.

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

JasonPerseus, to Law
@JasonPerseus@mas.to avatar

The #CFPB decision this week is wild.

I’m going to slowly work through it over the next few days so I can properly take it all in.

@chrisgeidner posted a nice rundown at LawDork, if you’re looking for a good read: https://www.lawdork.com/p/scotus-cfpb-payday-lending-decision-thomas

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

GovTrack, to random
@GovTrack@mastodon.social avatar

On the one hand, the Supreme Court has not been favorable, overall, to Trump's reelection. In 2020, they threw out a case brought by Republicans to have four Democratic states ejected from the election, for example.

But on the other hand, now with two justices' wives taking public actions to support Trump's reelection, it's really hard to take the idea of impartiality seriously. If you're the spouse of a justice, and if you took SCOTUS's work seriously, you'd sit it out. https://www.nytimes.com/2024/05/16/us/justice-alito-upside-down-flag.html

skykiss,
@skykiss@sfba.social avatar

The spouse of one Supreme Court justice was actively conspiring with Mark Meadows to overturn the results of the 2020 election, while another Supreme Court justice was flying the American flag upside down to show his solidarity with the Big Lie.

Now they're sitting on the DC Felony Trial to buy Trump and his acolytes more time to steal the next election.

America is at a crossroads.

We either turn a blind eye to reign of corruption, or we take this country back at the ballot box and restore rule of law.


@skykiss
@GovTrack

dkluft, to random
@dkluft@mastodon.sdf.org avatar

Tidbit: Can I get in trouble if my client is hired to verbally attack counsel outside the courthouse?

I guess we’ll find out. A defendant in the E.D. Michigan Flint Water Cases hired a PR firm to conduct a deceptive PR campaign to disrupt the proceedings including hiring a truck to circle the courthouse blaring attacks on opposing counsel. The Court found the PR firm’s CA attorney was involved with the campaign and referred her to the CA bar.

https://www.linkedin.com/posts/davidkluft_flint-water-cass-activity-7196841822239739905-Wry9?utm_source=share&utm_medium=member_desktop

heidilifeldman, to random
@heidilifeldman@mastodon.social avatar

I sympathize with Judge Merchan, who I believe has refrained from jailing Trump to avoid allowing Trump to play the victim and raise money off of that. I also think Merchan probably doesn’t want to interrupt the trial for hearings over whether Trump is causing his sycophantic Republican electeds to say things that violate the gag order. But …. 1/ #LawFedi

dkluft, to random
@dkluft@mastodon.sdf.org avatar

Tidbit: Do I have standing to seek an injunction against the unauthorized practice of law?

Yes. Per M.G.L. 221, 46B, standing to petition to enjoin the unauthorized practice of law in MA belongs to the AG, a DA, a bar assoc., or any “three or more members of the bar.” The three-members clause appears to have been used most recently in 1938 in an attempt to enjoin a legal advice-themed radio show: “Court of Common Troubles” (299 Mass. 286).

https://lnkd.in/eVAh5aTB

design_law, to random
@design_law@mastodon.social avatar

Law360: "Judge Taranto said he's typically 'disappointed' with the [amicus] briefs submitted to the court, and urged the attorneys in the room to do better. 'It's very rare we get amicus briefs that say something beyond what the parties say,' he said. 'Most amicus briefs make broad, unsupported general assertions about things for which we aren't given independent basis to evaluate the truth of the assertions.'"

https://www.law360.com/ip/articles/1836807?nl_pk=2e71aa9c-c8f8-43ff-9d5a-fafec61b2085

#LawFedi #PatentFedi

design_law, to random
@design_law@mastodon.social avatar

Law360: "U.S. Circuit Judge Richard Taranto told the room that the Federal Circuit currently has a backlog, which means oral arguments and opinions are being delayed." https://www.law360.com/ip/articles/1836807?nl_pk=2e71aa9c-c8f8-43ff-9d5a-fafec61b2085

#LawFedi #PatentFedi

heidilifeldman, to random
@heidilifeldman@mastodon.social avatar

I’m freshly appalled by Trump’s efforts to protect his 2016 election campaign by shadily paying Stormy Daniels in a way Trump hoped wouldn’t be traced back to him. I’m newly appalled by the cast of Republican electeds who come to the courthouse to violate the spirit of the gag order Trump himself is under. They present themselves as mouthpieces for Trump and make all manner of remarks that, if he made them himself, would be violations of the order. The Republicans are a lawless cult. #LawFedi

luis_in_brief, to random
@luis_in_brief@social.coop avatar

Good post from @ericgoldman on web scraping and CFAA (and, in one particular, relevant to the case announced by @ethanz recently).

I hope these cases from this terrible plaintiff continue in this vein, giving us a sort of mirror-world Perfect 10 for the next scraping age.
https://mastodon.lawprofs.org/@ericgoldman/112434296733038355

andrew, to law
@andrew@esq.social avatar

"Mansion" taxes are probably not going to ameliorate inequality anytime soon. Tying much-needed public services, like incentivizing the building of affordable housing, to revenue generated from them is not a good idea.

@law

https://news.bloombergtax.com/tax-insights-and-commentary/week-in-insights-mansion-tax-debates-wont-end-any-time-soon

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