Author Topic: Today at SCOTUS, 4 cases remain.  (Read 1554 times)

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Online Wingnut

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Today at SCOTUS, 4 cases remain.
« on: June 29, 2022, 02:06:11 pm »
Four cases remain, covering the following topics: Native American sovereignty, state sovereign immunity, the "remain in Mexico" policy, and EPA's power to combat climate change.

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Online Bigun

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Re: Today at SCOTUS, 4 cases remain.
« Reply #1 on: June 29, 2022, 02:08:36 pm »
First of the day:

https://www.supremecourt.gov/opinions/21pdf/21-429_8o6a.pdf

Castro-Huerta argued that only the federal government has the power to prosecute someone who is not a Native American for crimes against Native Americans in Indian country.

SCOTUS disagreed.
« Last Edit: June 29, 2022, 02:10:47 pm by Bigun »
"I wish it need not have happened in my time," said Frodo.

"So do I," said Gandalf, "and so do all who live to see such times. But that is not for them to decide. All we have to decide is what to do with the time that is given us."
- J. R. R. Tolkien

Online Wingnut

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Re: Today at SCOTUS, 4 cases remain.
« Reply #2 on: June 29, 2022, 02:14:52 pm »
The EPA one soon please. The suspense is killing me.
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Online Bigun

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Re: Today at SCOTUS, 4 cases remain.
« Reply #3 on: June 29, 2022, 02:17:16 pm »
Case #2 for the day:

https://www.supremecourt.gov/opinions/21pdf/20-603_o758.pdf

The question before the court in Torres is whether states can invoke sovereign immunity as a defense to block lawsuits by returning veterans who want to reclaim their prior jobs with state employers. A federal statute authorizes lawsuits if employers do not accommodate the returning veterans.

Pretty short majority opinion -- just 16 pages. Breyer writes that allowing Texas to have immunity in this case "would permit States to thwart national military readiness."
"I wish it need not have happened in my time," said Frodo.

"So do I," said Gandalf, "and so do all who live to see such times. But that is not for them to decide. All we have to decide is what to do with the time that is given us."
- J. R. R. Tolkien

Online Bigun

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Re: Today at SCOTUS, 4 cases remain.
« Reply #4 on: June 29, 2022, 02:20:33 pm »
That's it for today.

Quote
"This Court will announce all remaining opinions ready during this Term of Court on Thursday, June 30, 2022, beginning at 10 a.m."

One more day @Wingnut
[/size]
« Last Edit: June 29, 2022, 02:25:29 pm by Bigun »
"I wish it need not have happened in my time," said Frodo.

"So do I," said Gandalf, "and so do all who live to see such times. But that is not for them to decide. All we have to decide is what to do with the time that is given us."
- J. R. R. Tolkien

Online Bigun

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Re: Today at SCOTUS, 4 cases remain.
« Reply #5 on: June 29, 2022, 02:27:52 pm »
The EPA one soon please. The suspense is killing me.

I hope I'm wrong but I fear Roberts is going to hose us on this one.  Sorry sack of shit that he has proven to be.
"I wish it need not have happened in my time," said Frodo.

"So do I," said Gandalf, "and so do all who live to see such times. But that is not for them to decide. All we have to decide is what to do with the time that is given us."
- J. R. R. Tolkien

Online Wingnut

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Re: Today at SCOTUS, 4 cases remain.
« Reply #6 on: June 29, 2022, 02:31:45 pm »
I hope I'm wrong but I fear Roberts is going to hose us on this one.  Sorry sack of shit that he has proven to be.
Agreed.  He's a snake in the grass.
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Online Bigun

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Re: Today at SCOTUS, 4 cases remain.
« Reply #7 on: June 29, 2022, 02:35:45 pm »
On a brighter note, we pretty much knew Breyer was going to write one more.  At least it wasn't West Virginia vs EPA.
"I wish it need not have happened in my time," said Frodo.

"So do I," said Gandalf, "and so do all who live to see such times. But that is not for them to decide. All we have to decide is what to do with the time that is given us."
- J. R. R. Tolkien

Online mystery-ak

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Re: Today at SCOTUS, 4 cases remain.
« Reply #8 on: June 29, 2022, 02:45:55 pm »
Fox reporting decisions will be released tomorrow at 10am
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Re: Today at SCOTUS, 4 cases remain.
« Reply #9 on: June 29, 2022, 02:52:48 pm »
Fox reporting decisions will be released tomorrow at 10am

 :yowsa: Thanks @mystery-ak I'm on it!
"I wish it need not have happened in my time," said Frodo.

"So do I," said Gandalf, "and so do all who live to see such times. But that is not for them to decide. All we have to decide is what to do with the time that is given us."
- J. R. R. Tolkien

Offline Kamaji

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Re: Today at SCOTUS, 4 cases remain.
« Reply #10 on: June 29, 2022, 02:53:51 pm »
Case #2 for the day:

https://www.supremecourt.gov/opinions/21pdf/20-603_o758.pdf

The question before the court in Torres is whether states can invoke sovereign immunity as a defense to block lawsuits by returning veterans who want to reclaim their prior jobs with state employers. A federal statute authorizes lawsuits if employers do not accommodate the returning veterans.

Pretty short majority opinion -- just 16 pages. Breyer writes that allowing Texas to have immunity in this case "would permit States to thwart national military readiness."



One wonders just how much mischief the dems/libs/progs will try to get into with the holding in this case. 

Online Bigun

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Re: Today at SCOTUS, 4 cases remain.
« Reply #11 on: June 29, 2022, 02:57:17 pm »

One wonders just how much mischief the dems/libs/progs will try to get into with the holding in this case.

As much as they possibly can.  You can rest assured of that.

Quote
JUSTICE THOMAS, with whom JUSTICE ALITO, JUSTICE
GORSUCH, and JUSTICE BARRETT join, dissenting.

More than two decades ago, this Court found it “difficult
to conceive that the Constitution would have been adopted
if it had been understood to strip the States of immunity
from suit in their own courts and cede to the Federal Government a power to subject nonconsenting States to private
suits in these fora.” Alden v. Maine, 527 U. S. 706, 743
(1999). Accordingly, we held—without qualification—that
“the powers delegated to Congress under Article I of the
United States Constitution do not include the power to subject nonconsenting States to private suits for damages in
state courts.” Id., at 712 (emphasis added).
No longer. Today, by adopting contrived interpretations
of Alden and the recent decision in PennEast Pipeline Co. v.
New Jersey, 594 U. S. ___ (2021), the Court holds that at
least two (and perhaps more) Article I “war powers” do, in
fact, include “the power to subject nonconsenting States to
private suits for damages in state courts,” Alden, 527 U. S.,
at 712, and that Congress has exercised that power by enacting the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), 38 U. S. C. §4301 et
seq. Alden should have squarely foreclosed that holding.
As the Court there already explained, constitutional text,
« Last Edit: June 29, 2022, 03:01:00 pm by Bigun »
"I wish it need not have happened in my time," said Frodo.

"So do I," said Gandalf, "and so do all who live to see such times. But that is not for them to decide. All we have to decide is what to do with the time that is given us."
- J. R. R. Tolkien

Offline Weird Tolkienish Figure

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Re: Today at SCOTUS, 4 cases remain.
« Reply #12 on: June 29, 2022, 03:29:42 pm »
I hope I'm wrong but I fear Roberts is going to hose us on this one.  Sorry sack of shit that he has proven to be.

Do we need him though?

Online Bigun

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Re: Today at SCOTUS, 4 cases remain.
« Reply #13 on: June 29, 2022, 03:29:54 pm »
Coming tomorrow:
 
Quote
On the very last day of court opinions being issued in their current session, the U.S. Supreme Court is expected to issue a new climate change related ruling, bringing an end to a string of high-profile cases announced in recent days. The case before the U.S. Supreme Court is West Virginia vs. Environmental Protection Agency (EPA). The case was last heard by the Court in February and it is expected to be among the last rulings announced on Wednesday morning as the court wraps up work prior to summer recess.

The primary plaintiff of the case is West Virginia Attorney General Patrick Morrisey; he is joined by attorney generals from Alabama, Alaska, Arkansas, Georgia, Indiana, Kansas, Louisiana, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, and Wyoming. Morrissey’s office is also representing the interests of two coal companies in the case.

The EPA, backed by the administration of President Joe Biden, is being represented by the U.S. Solicitor General.
 
Ultimately, the plaintiffs are arguing that the EPA doesn’t have the authority to regulate power plant emissions and that Congress should be granted that authority. The plaintiffs argue that decisions around emissions should be at the hands of elected officials and not the EPA.

The EPA responds to the argument by saying that the Court should not read into the text an artificial restriction because any qualification would be directed at the states, not the federal agency.

What the court decides will have huge implications for the scope of federal administrative power and climate change policy.
https://weatherboy.com/u-s-supreme-court-about-to-issue-new-climate-change-related-ruling/
"I wish it need not have happened in my time," said Frodo.

"So do I," said Gandalf, "and so do all who live to see such times. But that is not for them to decide. All we have to decide is what to do with the time that is given us."
- J. R. R. Tolkien

Online Bigun

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Re: Today at SCOTUS, 4 cases remain.
« Reply #14 on: June 29, 2022, 03:31:17 pm »
Do we need him though?

We'll know in less than 24 hours!
"I wish it need not have happened in my time," said Frodo.

"So do I," said Gandalf, "and so do all who live to see such times. But that is not for them to decide. All we have to decide is what to do with the time that is given us."
- J. R. R. Tolkien

Offline mountaineer

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Re: Today at SCOTUS, 4 cases remain.
« Reply #15 on: June 29, 2022, 03:55:06 pm »
Quote
The primary plaintiff of the case is West Virginia Attorney General Patrick Morrisey
I'm so grateful he is our AG. He ran against Manchin for Senate last time and lost, unfortunately. Patrick is an excellent AG but lacks the TV presence and charisma of Manchin or some such glamorous candidate. Heaven knows the voters sometimes are swayed by a candidate's image, rather than his substance. Thank goodness for his lead on so many of these cases that try to curb federal overreach.

Online Bigun

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Re: Today at SCOTUS, 4 cases remain.
« Reply #16 on: June 29, 2022, 03:59:02 pm »
I'm so grateful he is our AG. He ran against Manchin for Senate last time and lost, unfortunately. Patrick is an excellent AG but lacks the TV presence and charisma of Manchin or some such glamorous candidate. Heaven knows the voters sometimes are swayed by a candidate's image, rather than his substance. Thank goodness for his lead on so many of these cases that try to curb federal overreach.

Good looks wins over substance often wins unfortunately.  The way to overcome that is grassroots activism.

And BTW, Our Texas AG (Ken Paxton) is pretty damned good as well.
« Last Edit: June 29, 2022, 04:00:49 pm by Bigun »
"I wish it need not have happened in my time," said Frodo.

"So do I," said Gandalf, "and so do all who live to see such times. But that is not for them to decide. All we have to decide is what to do with the time that is given us."
- J. R. R. Tolkien

Offline heelboy22

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Re: Today at SCOTUS, 4 cases remain.
« Reply #17 on: June 29, 2022, 04:00:19 pm »
I'm so grateful he is our AG. He ran against Manchin for Senate last time and lost, unfortunately. Patrick is an excellent AG but lacks the TV presence and charisma of Manchin or some such glamorous candidate. Heaven knows the voters sometimes are swayed by a candidate's image, rather than his substance. Thank goodness for his lead on so many of these cases that try to curb federal overreach.

Serious question:  Does Manchin really have charisma?  I've only seen him speak a few times and he doesn't strike me as that charismatic.  Maybe I haven't watched him enough.

Offline mountaineer

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Re: Today at SCOTUS, 4 cases remain.
« Reply #18 on: June 29, 2022, 04:05:24 pm »
Serious question:  Does Manchin really have charisma?  I've only seen him speak a few times and he doesn't strike me as that charismatic.  Maybe I haven't watched him enough.
He's been around state government forever - legislature, Secretary of State, Governor - and is part of a political family (think Hillbilly Kennedy). Plus, he played football for a few minutes at WVU, so he has that appeal.

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Re: Today at SCOTUS, 4 cases remain.
« Reply #19 on: June 29, 2022, 04:43:03 pm »
Do we need him though?

The left needs him more than we do, and he demonstrates that every so often.

We need Roberts like we needed McStain in the Senate.
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