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SCOTUS with the Modis
Author: BobR    Date: 05/29/2019 14:16:14

It's that time of year again, when wonks' imaginations turn to thoughts of SCOTUS rulings. For this season, there have been some interesting decisions...

Court decides not to hear "bathroom bill" case, thereby allowing a lower-court ruling to stand. This allows students to use the bathroom of their gender identity, rather than their biological identity.

Split-decision on Indiana abortion law: The court upheld the portion that required that abortion remains be buried or cremated, but allowed the lower-court decision striking down the more onerous anti-abortion ruling to stand. Their decision was based on a procedural decision that the case needs to go through more appeals courts before being heard by the SCOTUS. It's odd that that decision doesn't also apply to the remains disposal portion of the law. I also have to wonder if the standard procedure of incinerating medical waste qualifies here as "cremation".

The court temporarily blocks lower-court ruling requiring redistricting for Ohio and Michigan: Since the court is already hearing two other redistricting cases (NC and MD), it seems they want to rule on all of them at the same time.

A monopoly lawsuit against the Apple Store is allowed to move forward: The court decided not to block the class-action lawsuit, which claims that Apple is a monopoly that prevents competition so that it can inflate prices. This ruling doesn't make any decisions about the claim; it only allows the case to proceed. I imagine the results of the case will end up being appealed all the way back up to the SCOTUS again.

And - in a very interesting lower-court ruling that will likely find its way to the SCOTUS at some point in the future, the Iowa Supreme Court ruled that Medicaid can be used to cover "sex reassignment" surgery. This may make its way to the SCOTUS too, so keep an eye on this one. It's based on Iowa law, so don't expect this to become a national game-changer.

Finally - the rulings being handed down now are directly related to Mitch McConnell's refusal to consider Merrick Garland as President Obama's last SCOTUS appointee back in 2016 because of the pending election. As a result, we ended up with an accused rapist and party boy on the court. What if someone dies or resigns in 2020, yet another election year? You don't even have to guess what McConnell's decision would be

 
 

50 comments (Latest Comment: 05/29/2019 18:41:18 by Raine)
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Comment by wickedpam on 05/29/2019 13:29:19
Morning

*sigh* Back at work. Is it Friday yet?

Comment by Raine on 05/29/2019 13:38:47



Good Morning!

Comment by Raine on 05/29/2019 13:40:02




Comment by wickedpam on 05/29/2019 13:49:11
Part of me is hopeful that he will say something to shut up the Trashhole.

But then the other part of me worries that they finally got to him and he's gonna go all "no collusion, no obstruction" path and blow everything up.

Does this make me more Eeyore, Piglet or Rabbit?

Comment by Scoopster on 05/29/2019 14:11:10
Mornin' all..

Glad to see that Mueller is doing a presser. However, I do expect him to do his best to explain that there ARE certain facts that just can't be revealed in a public setting, because of how they would upset international relations or trample on privacy rights of certain people or companies (yes, I do still believe companies have some expectation of privacy when it comes to doing their business), or give away information that's part of the prosecutorial case against Trump which would give his defense an advantage if they knew, and as a result of that part of his testimony to Congress MUST be behind closed doors.

I don't expect everyone to accept that. In fact, given what's going on right now secrecy is the last thing we need. But at least I understand why it's necessary, even at a time like this.

Comment by BobR on 05/29/2019 14:16:53
BLOG POSTED - stubby to be deleted.

Comment by Scoopster on 05/29/2019 14:21:06
Eeep! The home link in the website header still goes to the old http homepage.

Comment by BobR on 05/29/2019 14:23:10
Quote by Scoopster:
Eeep! The home link in the website header still goes to the old http homepage.

ok - thanks for the tip. I'll need to check other places for that as well

Comment by livingonli on 05/29/2019 14:41:08
Good morning.

Comment by Scoopster on 05/29/2019 15:00:30
Unlike a certain tangerine-hued clown, Mueller is ON TIME.

Comment by Scoopster on 05/29/2019 15:02:14
Mueller officially resigned from DOJ just before taking the podium apparently.

Comment by Scoopster on 05/29/2019 15:11:08
Okay, that's exactly what I expected. He's not gonna say anything in public that wasn't already available in the written report. He'll say more to Congress in closed session.

Comment by BobR on 05/29/2019 15:11:30
So I came in just as the statement was ending. What did I miss?

Comment by Scoopster on 05/29/2019 15:19:47
Quote by BobR:
So I came in just as the statement was ending. What did I miss?

He only said stuff that was already public knowledge, and added that the reason they didn't indict or make determinations about obstruction by a sitting President because that is the Constitutionally-defined job of Congress and an impeachment inquiry.

Comment by Raine on 05/29/2019 15:34:06
So -- what did y'all think?

Comment by Raine on 05/29/2019 15:34:53
Quote by Scoopster:
Okay, that's exactly what I expected. He's not gonna say anything in public that wasn't already available in the written report. He'll say more to Congress in closed session.

He retired now. The DOJ can't stop him anymore.

Comment by wickedpam on 05/29/2019 15:36:08
Quote by Raine:
So -- what did y'all think?



Kind a big nothing new to me.

Comment by Scoopster on 05/29/2019 15:38:43
Quote by Raine:
Quote by Scoopster:
Okay, that's exactly what I expected. He's not gonna say anything in public that wasn't already available in the written report. He'll say more to Congress in closed session.

He retired now. The DOJ can't stop him anymore.

True. Tho I got the feeling he was keeping his oath & moral compass despite that, and despite what many people might think of him for doing so.

Comment by Raine on 05/29/2019 15:39:59
Quote by wickedpam:
Quote by Raine:
So -- what did y'all think?



Kind a big nothing new to me.

See, this is where I disagree a bit--- hearing him say it on TV was a big deal. He expressly made it clear when he said if we exonerated DOTUS, we would have said so. and people HEARD it -- considering hw few ppl have read the report, I think this was good.

and he's leaving the OSC. he said there is time for other things to start happening.

Comment by Raine on 05/29/2019 15:40:46




Comment by Raine on 05/29/2019 15:42:04




Comment by Scoopster on 05/29/2019 15:45:59
And of course, Twitler is immediately spinning the press conference to mean exactly the opposite of what Mueller said.

Comment by wickedpam on 05/29/2019 15:46:13
Quote by Raine:
Quote by wickedpam:
Quote by Raine:
So -- what did y'all think?



Kind a big nothing new to me.

See, this is where I disagree a bit--- hearing him say it on TV was a big deal. He expressly made it clear when he said if we exonerated DOTUS, we would have said so. and people HEARD it -- considering hw few ppl have read the report, I think this was good.

and he's leaving the OSC. he said there is time for other things to start happening.



Agreed. People like a sound bite instead of reading.

I do hope other things start happening.

And just now hear Trashhole is trying to change the narrative again.

Comment by Scoopster on 05/29/2019 15:49:15



Comment by Raine on 05/29/2019 15:52:58




Comment by Raine on 05/29/2019 15:54:27
I think today was a lot bigger than we might think, since we marinate in this stuff.

A LOT of People who don't saw what we have been saying for years.

Especially over on Faux news.

Comment by Raine on 05/29/2019 16:14:08
Quote by Scoopster:




This is a fairly stunning statement.

This is why I think what Mueller said today was really significant.

Comment by Raine on 05/29/2019 16:14:50
If the DOJ didn't have the stupid guidelines, Mueller would have charged DOTUS.

Comment by BobR on 05/29/2019 16:18:27
Quote by Raine:
Quote by Scoopster:


This is a fairly stunning statement.

This is why I think what Mueller said today was really significant.




Comment by Scoopster on 05/29/2019 16:26:35
Quote by Raine:
If the DOJ didn't have the stupid guidelines, Mueller would have charged DOTUS.

It's really not the DOJ's guidelines. It's the Constitution.

- Article 3 Section 2 Paragraph 3 - "The trial of all crimes, except in cases of impeachment, shall be by jury;..."
- Article 1 Section 2 Paragraph 5 - "The House of Representatives shall choose their speaker and other officers; and shall have the sole power of impeachment."
- Article 1 Section 3 Paragraphs 6-7 - "The Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no person shall be convicted without the concurrence of two thirds of the members present.

Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust or profit under the United States: but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment, according to law."


Comment by Raine on 05/29/2019 16:29:05
Quote by Scoopster:
Quote by Raine:
If the DOJ didn't have the stupid guidelines, Mueller would have charged DOTUS.

It's really not the DOJ's guidelines. It's the Constitution.

- Article 3 Section 2 Paragraph 3 - "The trial of all crimes, except in cases of impeachment, shall be by jury;..."
- Article 1 Section 2 Paragraph 5 - "The House of Representatives shall choose their speaker and other officers; and shall have the sole power of impeachment."
- Article 1 Section 3 Paragraphs 6-7 - "The Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no person shall be convicted without the concurrence of two thirds of the members present.

Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust or profit under the United States: but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment, according to law."

I thought it was DOJ guildlines not to indict a sitting president.



Comment by Raine on 05/29/2019 16:31:42
Quote by Raine:
Quote by Scoopster:
Quote by Raine:
If the DOJ didn't have the stupid guidelines, Mueller would have charged DOTUS.

It's really not the DOJ's guidelines. It's the Constitution.

- Article 3 Section 2 Paragraph 3 - "The trial of all crimes, except in cases of impeachment, shall be by jury;..."
- Article 1 Section 2 Paragraph 5 - "The House of Representatives shall choose their speaker and other officers; and shall have the sole power of impeachment."
- Article 1 Section 3 Paragraphs 6-7 - "The Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no person shall be convicted without the concurrence of two thirds of the members present.

Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust or profit under the United States: but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment, according to law."

I thought it was DOJ guildlines not to indict a sitting president.



HEre's the thing -- I am not sure if that was meant to include crimes committed a persone is elected.

Christ -- it's not you Scoop, but if people are gonna go with that, then a murderer could get away with his crimes by running for the office and get away with it after the staute of limitation is up.

I get not indicating a sitting POTUS for things while in office.


Comment by Scoopster on 05/29/2019 16:34:06
Quote by Raine:
Quote by Scoopster:
Quote by Raine:
If the DOJ didn't have the stupid guidelines, Mueller would have charged DOTUS.

It's really not the DOJ's guidelines. It's the Constitution.

- Article 3 Section 2 Paragraph 3 - "The trial of all crimes, except in cases of impeachment, shall be by jury;..."
- Article 1 Section 2 Paragraph 5 - "The House of Representatives shall choose their speaker and other officers; and shall have the sole power of impeachment."
- Article 1 Section 3 Paragraphs 6-7 - "The Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no person shall be convicted without the concurrence of two thirds of the members present.

Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust or profit under the United States: but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment, according to law."

I thought it was DOJ guildlines not to indict a sitting president.

It is, because those guidelines are in accordance with the above passages. Technically, impeachment itself is a criminal charge. However because only Congress can charge & try it, and because the President cannot be subject to other criminal charges while in office, any other criminal charges by-name can be charged in the regular court system after that President is removed or leaves office. That way the accused President can't claim double jeopardy.

Comment by Scoopster on 05/29/2019 16:36:25
Quote by Raine:
Here's the thing -- I am not sure if that was meant to include crimes committed a persone is elected.

Christ -- it's not you Scoop, but if people are gonna go with that, then a murderer could get away with his crimes by running for the office and get away with it after the staute of limitation is up.

I get not indicating a sitting POTUS for things while in office.

I totally agree - anything he committed prior to taking office should absolutely be fair game, including any alleged crimes committed that created conditions that directly led to his election.

Mueller is taking a VERY high road on this one. I get why he's doing it (he's literally trying to protect the Constitution itself), but I don't necessarily agree with all the reasoning behind it.


Comment by Raine on 05/29/2019 16:59:29
Newty Newt seems nervus.





Comment by BobR on 05/29/2019 17:09:43
Quote by Raine:
Newty Newt seems nervus.




No Newt - not saying "guilty" in a report does not mean "innocent" - it means "not determined"


Comment by Raine on 05/29/2019 17:26:02
Got some breaking news on msnbc: Mueller said Barr lied.





Comment by Scoopster on 05/29/2019 17:28:46
It's come to this.



Comment by Raine on 05/29/2019 17:35:31
and this:





Comment by Raine on 05/29/2019 17:35:54
Comment by Raine on 05/29/2019 17:39:47
Quote by Scoopster:
It's come to this.


OMG.

It's from far away(ish) but this is bad.





Comment by Raine on 05/29/2019 18:00:17
Quote by Raine:
Got some breaking news on msnbc: Mueller said Barr lied.








Comment by Scoopster on 05/29/2019 18:10:06



Comment by Raine on 05/29/2019 18:17:23
Comment by Raine on 05/29/2019 18:18:12
Quote by Scoopster:


That handour cxhanges everything.

Mueller needs to testify to Congress about the obstruction/Lie from AG Barr.

Comment by Raine on 05/29/2019 18:21:35
and this one:



Comment by Raine on 05/29/2019 18:24:06
This is some good stuff from the press:





Comment by Scoopster on 05/29/2019 18:37:54



Comment by Raine on 05/29/2019 18:41:18
Quote by Scoopster:


That's the memo I have been talking about.

HE called Barr a liar.

(BTW, Barr is in Alaska today.)