plink, to Israel
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plink, to Israel
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JasonPerseus, to Law
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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,
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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,
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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,
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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,
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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:

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

renwillis, to politics
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Speechless that we are potentially losing to these people.

#politics #news #uspolitics #smh

JasonPerseus, to politics
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“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

developerjustin, to USpolitics
@developerjustin@mastodon.social avatar

“The pervasive indoctrination she had railed against simply did not exist.”

#USpolitics

https://www.texastribune.org/2024/05/15/texas-granbury-isd-school-board-courtney-gore/

Free_Press, to news
@Free_Press@mstdn.social avatar

Conservative Republicans’ attacks on gun control, abortion and climate-friendly investing practices are deeply unpopular — and costing Texas billions of dollars, according to a new poll.
#AureFreePress #News #press #headline #GOP #Politics #uspolitics #uspol #government

https://thehill.com/homenews/state-watch/4667534-texas-poll-conservative-agenda/

Free_Press, to news
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plink, to USpolitics
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From
Livestream and Location Sunday May 17 Event "The After "

From the broad support for the uncommitted movement, to calls to “vote blue no matter who” in order to “preserve American democracy,” navigating the electoral landscape at this moment presents unprecedented challenges. Together we’ll explore these questions with , , , and , hosted by .

@palestine @israel

https://jewishcurrents.org/newsletter/livestream-and-location-for-sundays-event-the-election-after-gaza?token=tMgwZlPEroMhJzbDmEH9itV3TVajsSWE

Free_Press, to news
@Free_Press@mstdn.social avatar

Jury all shifted 'at the same time' when Michael Cohen connected testimony to the election

Trump's hush money trial will resume next week as Trump attends his son Barron's high school graduation today.

Trial strategy consultant Julie Blackman, who spent some time inside the courtroom this week, shares her thoughts on the juror's reaction to Michael Cohen's testimony.
#AureFreePress #News #press #headline #GOP #Politics #uspolitics #uspol #Trump

https://www.msnbc.com/ana-cabrera-reports/watch/jury-all-shifted-at-the-same-time-when-michael-cohen-connected-testimony-to-the-election-211136069595

FantasticalEconomics, to USpolitics
@FantasticalEconomics@geekdom.social avatar

Remember when Gore was viewed as the lesser of two evils?

Pepperidge Farm reflects on where we'd be if fewer folk on the left abstained or voted third party, and if there are any lessons to learn from it.

Free_Press, to news
@Free_Press@mstdn.social avatar

REPUBLICAN DISGRACE!

A Governor Who Doesn’t Seem to Have Much Interest in Governing Arkansas’

Sarah Huckabee Sanders’ increasing number of critics think she’s too worried about her national profile.

https://www.politico.com/news/magazine/2024/05/17/sarah-huckabee-sanders-arkansas-maga-trump-00156647

Free_Press, to news
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plink, to Israel
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PariaSansPortefeuille, to Palestine French
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in Context: A Collaborative Project

Rising: Dismantling Repression, Imagining Futures Part 1 | A Conversation with Representatives

Students from DC/MD/VA/NY+ in conversation with

https://youtu.be/5j1_I3lL_jg

@palestine

PariaSansPortefeuille,
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