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SCOTUS Roberts now has authority to appoint new Judges to SCOTUS under AG Garland rule.

Posted on 6/19/24 at 7:44 am
Posted by Timeoday
Easter Island
Member since Aug 2020
16902 posts
Posted on 6/19/24 at 7:44 am
"The DOJ has no authority, either under the Constitution or federal law, to commission a new “officer of the United States” in the form of a Special Counsel with powers equivalent to a U.S. Attorney. To do so would be akin to the federal judiciary (all federal judges are “officers of the United States”) creating “special judges” with equivalent powers to decide legal matters, preside over jury trials, oversee grand juries, etc."

Merrick Garland says, "Hogwash."

Jack Tumbling After ...

Posted by GumboPot
Member since Mar 2009
138911 posts
Posted on 6/19/24 at 7:49 am to
This makes logical sense.

If Garland can appoint a DOJ "officer" without constitutional provisions why can't Roberts do the same?
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
464115 posts
Posted on 6/19/24 at 7:49 am to
quote:

To do so would be akin to the federal judiciary (all federal judges are “officers of the United States”) creating “special judges” with equivalent powers to decide legal matters, preside over jury trials, oversee grand juries, etc."

No it's not

The Supreme Court is not an Executive Agency, for one. It's a body specifically described in the Constitution.

Bad logic is bad.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
464115 posts
Posted on 6/19/24 at 7:51 am to
quote:

If Garland can appoint a DOJ "officer" without constitutional provisions why can't Roberts do the same?

The nature of the 2 bodies.

Posted by thebigmuffaletta
Member since Aug 2017
15402 posts
Posted on 6/19/24 at 7:52 am to
SFP has a poster of these two above his bed
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
464115 posts
Posted on 6/19/24 at 7:53 am to
Of course this stupidity was written by Julie Kelly
Posted by GumboPot
Member since Mar 2009
138911 posts
Posted on 6/19/24 at 7:53 am to
quote:


The nature of the 2 bodies.


Are they not equal?
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
464115 posts
Posted on 6/19/24 at 7:54 am to
quote:

Are they not equal?

An Executive Agency is not, in fact, equal to the USSC

It's subordinate to both Congress and the President, which are equal to the USSC
This post was edited on 6/19/24 at 7:54 am
Posted by Padme
Member since Dec 2020
9198 posts
Posted on 6/19/24 at 7:55 am to
You calling Julie Kelly stupid


Posted by trinidadtiger
Member since Jun 2017
18447 posts
Posted on 6/19/24 at 7:55 am to
Thats the point he is making, NEITHER is legal nor logical. Thanks for agreeing, Jack Smith should never have been "anointed" without Congress approval, nor was he a federal employee at the time, he has no standing to argue anything in the courts.
This post was edited on 6/19/24 at 7:57 am
Posted by RCDfan1950
United States
Member since Feb 2007
38503 posts
Posted on 6/19/24 at 7:57 am to
Canon should throw it out and put the burden on Garland to justify his appointment under Constitutional authority. And Garland cannot. Both Garland and Smith should be prosecuted for Election Tampering, or worse. In my uneducated opinion.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
464115 posts
Posted on 6/19/24 at 7:57 am to
quote:

You calling Julie Kelly stupid

I didn't.

I call her dishonest.

Due to that, her output is stupid
Posted by VOR
Member since Apr 2009
67205 posts
Posted on 6/19/24 at 7:57 am to
Nonsense. No basis for it…
Posted by GumboPot
Member since Mar 2009
138911 posts
Posted on 6/19/24 at 7:58 am to
Regardless of the argument here the Jack Smith appointment is illegal.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
464115 posts
Posted on 6/19/24 at 7:58 am to
quote:

Thats the point he is making, NEITHER is legal nor logical.

Executive agencies appoint subordinates all the time.

The USSC cannot appoint subordinates.

Posted by udtiger
Over your left shoulder
Member since Nov 2006
111903 posts
Posted on 6/19/24 at 7:58 am to
quote:

quote:
Are they not equal?

An Executive Agency is not, in fact, equal to the USSC

It's subordinate to both Congress and the President, which are equal to the USSC


So...a subordinate can exercise a power the head of that branch of government cannot.

Yeah, you're right...dumb logic.

Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
464115 posts
Posted on 6/19/24 at 7:59 am to
quote:

Canon should throw it out and put the burden on Garland to justify his appointment under Constitutional authority.

He can, via USSC case law, which is why this argument has failed every single time it has been brought up.
Posted by Timeoday
Easter Island
Member since Aug 2020
16902 posts
Posted on 6/19/24 at 7:59 am to
quote:

Bad logic is bad.


Sometimes it is needed to make a point. It's okay, mon. We will get through this and together, we will be better for it.

quote:

So...a subordinate can exercise a power the head of that branch of government cannot.

This post was edited on 6/19/24 at 8:03 am
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
464115 posts
Posted on 6/19/24 at 7:59 am to
quote:

Regardless of the argument here the Jack Smith appointment is illegal.

Not according to the current USSC jurisprudence and any case where this argument has been made.
Posted by jimmy the leg
Member since Aug 2007
41709 posts
Posted on 6/19/24 at 8:02 am to
quote:

Nonsense. No basis for it…


So you agree that the appointment of Jack Smith by Garland is nonsense. Cool.
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