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re: LIVE (*now adjourned*): Supreme Court hearing case on Trump's Colorado ballot eligibility

Posted on 2/8/24 at 9:45 am to
Posted by Indefatigable
Member since Jan 2019
30417 posts
Posted on 2/8/24 at 9:45 am to
quote:

Conservative states can ban Democrats, progressive states can ban Republicans, for no other reason than “because”.

That won't be the outcome in any case, I don't believe. If SCOTUS goes deeply into what an insurrection is for the purpose of the 14A, they're going to establish a rule or benchmark for determining it. Section 3 is pretty narrow in scope as far as disqualifying actions.
Posted by Scruffy
Kansas City
Member since Jul 2011
73617 posts
Posted on 2/8/24 at 9:45 am to
quote:

What a clusterfrick this would be.
Exactly.

The system essentially falls apart.

I understand having requirements, age, citizenship, legal history, but this adds “subjective view of the state government” to the list.

If Trump committed and is found guilty of a felony, then he can no longer run, but that isn’t what has happened here.
This post was edited on 2/8/24 at 9:47 am
Posted by teke184
Zachary, LA
Member since Jan 2007
99597 posts
Posted on 2/8/24 at 9:46 am to
Thomas has a speech impediment IIRC and doesn’t like public speaking. So when he does speak, it means he is doing so for a reason.
Posted by ChineseBandit58
Pearland, TX
Member since Aug 2005
44521 posts
Posted on 2/8/24 at 9:46 am to
quote:

“ Insurrection “

just tuned in to this thing - has anyone actually defined what constitutes 'insurrection' ???

How the hell can this thing survive at ANY level - what am I missing here

Is it really up to some official in some podunk state just decide that someone is an "insurrectionist?"

Could not a case be made that Biden is 'insurrecting' - not to mention 'treason' and 'bribery' - at this very moment based on their determination of what he 'meant' to do - or was 'alleged to have done." ???

This make ZERO sense to me on ANY level -

Posted by Indefatigable
Member since Jan 2019
30417 posts
Posted on 2/8/24 at 9:46 am to
quote:

Also, why are the justices not letting the attorney respond in full? They keep cutting him off.. Jesus


They are there to answer the Court's questions. Everything the lawyers are saying in their argument was already briefed.
Posted by Fun Bunch
New Orleans
Member since May 2008
119757 posts
Posted on 2/8/24 at 9:46 am to
For a shitlib, Kagan is somewhat reasonable at times and can at least write an opinion that tries to justify it.

Kentaji and Soto are complete jokes.
Posted by teke184
Zachary, LA
Member since Jan 2007
99597 posts
Posted on 2/8/24 at 9:47 am to
If a state treats what is happening at the border as an insurrection, they can decide that anyone aiding and abetting it is in violation of Section 3.
Posted by EKG
Houston, TX
Member since Jun 2010
44966 posts
Posted on 2/8/24 at 9:49 am to
quote:

Also, why are the justices not letting the attorney respond in full? They keep cutting him off.. Jesus

That’s winding me up too.

The Justices would probably say, “because time constraints;” but common sense tells me they could find more natural/appropriate time points to stop counsel from responding or to ask for clarification.

This is what happens when you have too many cooks in the kitchen—each one thinks what s/he has to say is more important what anyone else thinks.
This post was edited on 2/8/24 at 9:50 am
Posted by Indefatigable
Member since Jan 2019
30417 posts
Posted on 2/8/24 at 9:50 am to
quote:

has anyone actually defined what constitutes 'insurrection'

That's several analytical steps away from what the Court is seeming to focus on, at least initially.

They are always going to look for the threshold issues first, which in this case are at least (1a) state authority over ballot eligibility and (1b) the applicability of Section 3 to POTUS. If they find in favor of Trump on either of those things, they don't have to even get into "insurrection" if they don't want to.
This post was edited on 2/8/24 at 9:54 am
Posted by Fun Bunch
New Orleans
Member since May 2008
119757 posts
Posted on 2/8/24 at 9:50 am to
quote:

That’s winding me up too.



Is this the first time yall have ever watched an Appeal argument?

That's how this works.

This isn't statements or briefs, they already have all that written out.

This is a totally different thing just to get specific questions and arguments out, and sometimes it is a peppering of questions and you have to be as concise as possible
Posted by Indefatigable
Member since Jan 2019
30417 posts
Posted on 2/8/24 at 9:51 am to
quote:

The Justices would probably say, “because time constraints;”

Its more "everything the attorneys are saying has been briefed no less than 4 times and we've read them all."

Oral argument is for the justices, not for the parties.
Posted by EKG
Houston, TX
Member since Jun 2010
44966 posts
Posted on 2/8/24 at 9:52 am to
quote:

That's how this works.

Fair enough.
Doesn’t mean it’s not irritating.
Posted by Fun Bunch
New Orleans
Member since May 2008
119757 posts
Posted on 2/8/24 at 9:52 am to
quote:

Oral argument is for the justices, not for the parties.



yup

Sometimes its just to send messages to other Justices as well
Posted by EKG
Houston, TX
Member since Jun 2010
44966 posts
Posted on 2/8/24 at 9:55 am to
quote:

Its more "everything the attorneys are saying has been briefed no less than 4 times and we've read them all."

Oral argument is for the justices, not for the parties.


That makes sense, and I appreciate that perspective.
I’d just like to see the Justices allow Mitchell to answer the actual question(s) they pose, irrespective of at what stage we are in the case.
Posted by ChineseBandit58
Pearland, TX
Member since Aug 2005
44521 posts
Posted on 2/8/24 at 10:01 am to
quote:

That's several analytical steps away from what the Court is seeming to focus on, at least initially.

thanx - that seems to be what is happening

but is not the core concern =

"first - is what happened on J6 really an insurrection - under what definition - under what determination - under what action taken in response?

"second - IF there really is a technical finding of 'yes - it was an insurrection' - THEN - did Trump participate in the 'insurrecction' or did he incite the 'insurrection'?
Posted by EKG
Houston, TX
Member since Jun 2010
44966 posts
Posted on 2/8/24 at 10:04 am to
Ketanji Brown Jackson ….


I just can’t with her.
Posted by MrLSU
Yellowstone, Val d'isere
Member since Jan 2004
27165 posts
Posted on 2/8/24 at 10:06 am to
quote:

That is HIGHLY unusual. I mean...I'm sure one can count on one hand the amount of times this is happened his entire time on the Court.


Thomas has been extremely active in asking questions the last several years. He is probably more active than any other Supreme Court Judge and if you were an attorney you would know that.
This post was edited on 2/8/24 at 10:07 am
Posted by FearTheFish
Member since Dec 2007
3900 posts
Posted on 2/8/24 at 10:06 am to
quote:

why are the justices not letting the attorney respond in full? They keep cutting him off.
First oral argument, eh?
Posted by rt3
now in the piney woods of Pineville
Member since Apr 2011
143165 posts
Posted on 2/8/24 at 10:08 am to
I'm watching Good Lawgic on YouTube listening to the arguments (he's 1 of the "LawTube" guys like Rekieta Law)

Not sure what KBJ asked or said exactly but it caught his ear and he said he thinks it's possible she sides with Trump
Posted by Lsut81
Member since Jun 2005
81769 posts
Posted on 2/8/24 at 10:09 am to
So CO has no examples of this being inacted ever at the federal level?

Thomas going in hard on this.
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