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SCOTUS - Supreme Court of the United States

Discussion in 'Off-Topic' started by onejayhawk, Oct 22, 2015.

  1. onejayhawk

    onejayhawk Afflicted with reason

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    I am not an attorney, but i do pay attention when they are in session.

    While we wait, all the lawyers can discuss the last seven years. Some possible topics:

    * The Best close decision
    * The worst close decision
    * Cases the Court will be deciding soon
    * Cases the Court may decide in the next year
    * Cases you wish the Court would hear

    J
     
  2. warpus

    warpus In pork I trust

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    I find American political abbrevations like POTUS and SCOTUS funny because for some reason they make me think of scrotums.
     
  3. JollyRoger

    JollyRoger Slippin' Jimmy Supporter

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    It is a close call between Citizens United and Shelby County for the worst.

    Scalia/Thomas/Ginsburg/Sotomayor/Kagan joining together in a 5-4 decision in Florida v. Jardines is an underrated candidate for best.

    These are the current hot cases for this term (there will be more added):

    http://www.fed-soc.org/events/detail/supreme-court-preview-what-is-in-store-for-october-term-2015

    It looks like it will be a good term for conservatives based on that lineup and the likely outcomes.

    I want to see a case where Sharia is the choice of law for an end user license agreement arbitration clause - it would be fun to see the conservatives squirm out of that one given their history of upholding many such similar clauses and their recent freedom of religion jurisprudence.
     
  4. illram

    illram Deity

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    AT&T v. Concepcion which was the latest volley in the continual erosion of consumer and employee rights, and this case is notable in that absolutely no one other than lawyers have ever heard of it or what it did. Walmart v. Dukes takes honorable second place in that regard.

    Can't think of others of the top of my head to add to Jolly's list.
     
  5. JollyRoger

    JollyRoger Slippin' Jimmy Supporter

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    Campbell-Ewald is another assault against class actions. Friedrichs is targeted to overturning longstanding precedent.

    I would also add Twombly and Iqbal as two bad cases in the Roberts era (2007 & 2009).

    A case being considered in this week's conference that I hope the Court will take:

     
  6. illram

    illram Deity

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    Yeah Iqbal was/is a pain in the butt. Had to look up Twombly to remember that yes I hate that case too.

    My God Louisiana, what the hell is wrong with you.
     
  7. jackelgull

    jackelgull An aberration of nature

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    Louisiana just caught whatever disease Florida has caught. I mean, this is bad, but it aint as bad as accidentally banning the Internet.
     
  8. JollyRoger

    JollyRoger Slippin' Jimmy Supporter

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    It is kind of strange, but it seems that on the criminal law front, the Supreme Court tends to strike down Florida's craziness, but uphold Louisiana's craziness.
     
  9. Smellincoffee

    Smellincoffee Trekkie At Large

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    Hands down the worst was Marbury vs. Madison. The Court has been presumptuous ever since. How can the Federal government be its own auditor? :lol:


    ..oh. Last seven years. Nevermind.
     
  10. hobbsyoyo

    hobbsyoyo Deity

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    Deets?
     
  11. Antilogic

    Antilogic --

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    Really can't post substantively here unless someone fixes the title. Just saying, it should be in caps because it's an acronym.
     
  12. JollyRoger

    JollyRoger Slippin' Jimmy Supporter

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    In AT&T, the 5 pro-States rights conservatives on the Supreme Court overrode state laws that prohibit contracts from disallowing class-wide arbitration. That means that you have to take AT&T on all alone when they screw you over even though your claim is too small for a lawyer to help you, but a class action would be viable.

    In Wal-Mart, the Court killed a class action suit of Wal-Mart employees claiming gender discrimination.
     
  13. hobbsyoyo

    hobbsyoyo Deity

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    Thanks!
     
  14. onejayhawk

    onejayhawk Afflicted with reason

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    Scalia and Ginsburg on the same side of a 5-4. How many times has that happened?

    I put it that way, but you see how it came out.

    J
     
  15. JollyRoger

    JollyRoger Slippin' Jimmy Supporter

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    It happens quite a bit on certain criminal law matters. 4-5s, 5-4s and 6-3s, generally depending on where Breyer and Kennedy land. This one was unusual in that you had Thomas joining Scalia and 3 liberals. I generally love reading Scalia's scathing dissents and concurrences, even when I disagree with him, but it is really fun when I agree with him.

    I would be interested in seeing your answers to the questions in the OP. And Antilogic's once he gets past the affront to capitalism.
     
  16. onejayhawk

    onejayhawk Afflicted with reason

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    Love him or hate him, Scalia has sharpest ink on the Court.

    I won't say best or worst, the one I dislike the most is Obergefell v. Hodges. The Court took the matter out of legislative hands, improperly IMO. Legislatures were doing their job. The movement to same sex marriage was well under way. Now there is no way to regulate marriage. We might as well turn it back over to the Church, Mosque and Synagogue.

    Best was unanimous--Riley. What took so long?

    J
     
  17. JollyRoger

    JollyRoger Slippin' Jimmy Supporter

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    How about best 5-4 decision? I thought Riley was good, but there are a lot of 9-0 or 8-1 (hello Justice Alito) decisions that are good. Finding a 5-4 one (best or worst) is challenging without looking like a partisan hack.
     
  18. onejayhawk

    onejayhawk Afflicted with reason

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    I have not liked the ACA decisions, so that removes a chunk of the possibilities. King v Burwell is particularly convoluted. US v Windsor is O v H a step earlier down the wrong road. I do not see a 5-4 I actually like. If Kennedy is the tipping vote, I always seem to dislike either the outcome, the reasoning or both.

    J
     
  19. JollyRoger

    JollyRoger Slippin' Jimmy Supporter

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    How about Heller or McDonald?

    Or some here not previously mentioned?

    http://blog.pfaw.org/content/three-final-5-4-rulings-show-importance-supreme-court-2016-elections
     
  20. onejayhawk

    onejayhawk Afflicted with reason

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    Technically, Heller is outside the scope of time here, but the two are a functional unit. I never cared much either way. That said, it seems the letter is clear enough. I suppose I like them for the same reason I dislike Obergefell. They show respect for the written Constitution, while O v H does not.

    On a side note, was there ever a 10th Amendment case? Obergefell and Windsor both had a logical 10th Amendment argument. Was it ever even raised?

    J
     

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