Legal/scotus thread

https://www.nbcnews.com/politics/su...-daca-texas-case-real-threat-program-n1231562

"Ironically, Thursday's Supreme Court decision sparing DACA also likely paved the way for its eventual doom,"

I've been waiting for people to realize this. There's a case in Texas where the legality of DACA is being challenged. After yesterday's decision the Judge in that case ordered all sides to file briefs about the state of the case in light of the SCOTUS decision.
 
A lot of passcode, Face ID and Touch ID cases are getting different judgements by different courts. I imagine this will make it to the Supreme Court one day.
 
We need some specialized judges for these tech cases. Might as well be asking these judges to preside over cases argued in Japanese if they arent very computer literate.
 
Krgrecw said:
A lot of passcode, Face ID and Touch ID cases are getting different judgements by different courts. I imagine this will make it to the Supreme Court one day.
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The SCOTUS on cases involving modern tech always concerns me. I'm not convinced they all fully understand the technology in front of them.
 
The fear that Kavanaugh's appointment was going to steer the court hard to the right seems to be unfounded. With Roberts crossing the aisle on the Louisiana abortion case today, every single major case decided so far this term has gone left.

I think what's happening is the court's 4 liberal justices are about as far left as Thomas and Alito are right. That leaves Kavanaugh, Gorsuch, and Roberts as the more moderate votes. So far the major cases has seen at least one of them cross. The fact that three of the Republican appointed justices might flip while 0 of the Dem appointed justices might flip makes the court actually lean left on major cases in spite of it having 5 Republican appointed justices.
 
striker42 said:
The fear that Kavanaugh's appointment was going to steer the court hard to the right seems to be unfounded. With Roberts crossing the aisle on the Louisiana abortion case today, every single major case decided so far this term has gone left.

I think what's happening is the court's 4 liberal justices are about as far left as Thomas and Alito are right. That leaves Kavanaugh, Gorsuch, and Roberts as the more moderate votes. So far the major cases has seen at least one of them cross. The fact that three of the Republican appointed justices might flip while 0 of the Dem appointed justices might flip makes the court actually lean left on major cases in spite of it having 5 Republican appointed justices.
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As it turns out the R appointed justices arent total partisans.

I though Robert's opinion was interesting here. Disagreed with the ruling but kept it due to precedent?

Why would you keep the wrong thing in place?
 
sturg33 said:
As it turns out the R appointed justices arent total partisans.

I though Robert's opinion was interesting here. Disagreed with the ruling but kept it due to precedent?

Why would you keep the wrong thing in place?
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You're touching on a big issue of judicial philosophy. On one hand you have those who say stare decisis should be respected. The court shouldn't flip back and forth. Once an issue is decided it should remain decided unless certain facts are in place.

On the other hand you have the belief that if the court got it wrong in the past, it's the duty of the court today to correct it.

Ultimately I feel Roberts is a moderate who is extremely concerned with the image of the court. He's perfectly willing to vote with the left to save the court's image. Stare decisis was just a convenient cover today.
 
thethe said:
When will a liberal ever vote with a conservative opinion?
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It happens all the time on lower profile decisions. On the high profile ones, it's pretty rare. The giant cross war memorial case saw some left crossover. But it's far, far more common to see one of Roberts, Kavanaugh, or Gorsuch cross. Those are the new swing votes.
 
striker42 said:
The Thuraissigiam case. As I said, on the less high profile cases it's common to see the sides more jumbled up. On the high profile cases, particularly the culture war cases, it's rare to see a justice on the left break rank.
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This.

SCOTUS is putting even more nails in POTUS' coffin.
 
The Montana case doesn't surprise me. The court's reputation wasn't really at stake there. Roberts also tends to favor putting more teeth in the free exercise clause.

I will say it's another high profile case where the four Dem appointed justices voted as a block. The idea that the court is extremely far right is appears to be a myth. In reality, you have 4 very liberal justices who rarely compromise on high profile cases (again, the majority of the court's cases are more technical and so do not fall cleanly along partisan lines, the high profile cases are different). On the other side you have only 2 conservatives who very rarely compromise on the high profile cases (Thomas and Alito).

Gorsuch, Kavanaugh, and Roberts have all shown a willingness to cross and vote with the Dem appointed justices. Since the liberals vote as a group, that means you have 4 reliable liberal votes. Only one of Gorsuch, Kavanaugh, and Roberts have to flip. This actually seems to be leading to a left leaning court on high profile cases. This term in particular the left has scored significantly more victories.
 
striker42 said:
The Montana case doesn't surprise me. The court's reputation wasn't really at stake there. Roberts also tends to favor putting more teeth in the free exercise clause.

I will say it's another high profile case where the four Dem appointed justices voted as a block. The idea that the court is extremely far right is appears to be a myth. In reality, you have 4 very liberal justices who rarely compromise on high profile cases (again, the majority of the court's cases are more technical and so do not fall cleanly along partisan lines, the high profile cases are different). On the other side you have only 2 conservatives who very rarely compromise on the high profile cases (Thomas and Alito).

Gorsuch, Kavanaugh, and Roberts have all shown a willingness to cross and vote with the Dem appointed justices. Since the liberals vote as a group, that means you have 4 reliable liberal votes. Only one of Gorsuch, Kavanaugh, and Roberts have to flip. This actually seems to be leading to a left leaning court on high profile cases. This term in particular the left has scored significantly more victories.
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And so they take turns flipping so as the pressure doesn't get too intense on any one of them? Is that too cynical a take?
 
BedellBrave said:
And so they take turns flipping so as the pressure doesn't get too intense on any one of them? Is that too cynical a take?
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Probably a bit cynical. They have lifetime appointments at the top of their profession. So they're somewhat insulated from political pressure.

Roberts is the most susceptible as it's his name attached to this court and he sees it as his job to preserve the public perception of the court. So he's jumping back and forth doing a balancing act.
 
Little Sisters of the Poor win!

I think the case was correctly decided based upon the doctrine of allowing reasonable accommodations (exceptions to public policy) for groups holding certain religious beliefs.
 
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