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Kavanaugh authors opinion in jury selection racial bias case
Posted on 6/21/19 at 3:25 pm
Posted on 6/21/19 at 3:25 pm
Overturns the 1996 quadruple homicide conviction of a black man in Mississippi. Doesnt break new ground, simply affirms prior SC precedence set in Batson v. Kentucky....confirms my suspicion that Kav will evenhandedly apply facts, precedence and constitutional principles.
Kavanaugh authors opinion in case overturning conviction of black defendant on basis of racial bias in jury selection
But per a NAACP press release in July 2018 on fears of Kav nomination:
"With a Justice Kavanaugh on the Supreme Court, we could see reversals of hard-won gains securing equal opportunity in education, employment and housing. We could see further exclusion of communities of color from participation in our democracy. We could see racism continue to flourish within the criminal justice system. We could see the elimination of effective tools for proving discrimination. We could see the overturning of Roe v. Wade and the guarantee to accessible health care for millions."
Kavanaugh authors opinion in case overturning conviction of black defendant on basis of racial bias in jury selection
But per a NAACP press release in July 2018 on fears of Kav nomination:
"With a Justice Kavanaugh on the Supreme Court, we could see reversals of hard-won gains securing equal opportunity in education, employment and housing. We could see further exclusion of communities of color from participation in our democracy. We could see racism continue to flourish within the criminal justice system. We could see the elimination of effective tools for proving discrimination. We could see the overturning of Roe v. Wade and the guarantee to accessible health care for millions."
This post was edited on 6/21/19 at 5:50 pm
Posted on 6/21/19 at 3:32 pm to davyjones
quote:
"With a Justice Kavanaugh on the Supreme Court, we could see reversals of hard-won gains securing equal opportunity in education, employment and housing. We could see further exclusion of communities of color from participation in our democracy. We could see racism continue to flourish within the criminal justice system. We could see the elimination of effective tools for proving discrimination. We could see the overturning of Roe v. Wade and the guarantee to accessible health care for millions."
Obviously hyperbole probably as we all suspected. In our modern world we should do less worrying and have more fun.
Posted on 6/21/19 at 3:41 pm to davyjones
Justice Thomas and Gorsuch with dissent. Thomas very astute and supportive of the MS Court.
Posted on 6/21/19 at 3:42 pm to aTmTexas Dillo
Im with you on the hyperbole...it's canned speak really. But it does immediately strike an unfortunate tone that many unsuspecting folks adopt as an absolute truth, and in connection with such an important institution.
Otherwise, Im right there with ya....the act of knee jerk being offended is indeed tiresome and I do personally try my best to avoid it as much as possible.
Otherwise, Im right there with ya....the act of knee jerk being offended is indeed tiresome and I do personally try my best to avoid it as much as possible.
Posted on 6/21/19 at 4:01 pm to davyjones
i couldnt give a rats arse if they rule for or against something i am for or against, just as long as its based on the constitution and the law and not "feels" or activism from the bench
Posted on 6/21/19 at 4:17 pm to keakar
Agreed, that is indeed the job, although there will necessarily be legitimately differing opinions on those aspects. We have to hope "legitimately" anyway. But yes I have strong confidence in Kav faithfully sticking to this charge...he will quickly become my favorite Justice I predict.
This post was edited on 6/21/19 at 4:19 pm
Posted on 6/21/19 at 4:21 pm to keakar
(no message)
This post was edited on 1/10/21 at 3:46 pm
Posted on 6/21/19 at 4:29 pm to The Baker
quote:
there needs to be some human element otherwise there’s no need for judges
no, hell no, if thats the case we dont need judges and you just decided cases with a simple opion poll rather then the law
thats what we have now and thats why we have rulings based on "feelings" and political considerations
Posted on 6/21/19 at 4:32 pm to davyjones
Read the facts of this case. They're going to try this guy for the 7th time. Three prior cases were overturned for some form of prosecutorial misconduct and two were hung juries. Now this. Set this man free.
Posted on 6/21/19 at 4:36 pm to SCLibertarian
Let him walk for god sakes
Posted on 6/21/19 at 4:43 pm to keakar
But the human condition does indeed play into it by design. Otherwise we could come up with software that analyzes all factors and spit out a ruling. I think I see what you're saying about "feels"....political and personal opinion. That does need to be avoided of course, unless the judge/justice is 100% capable of separating those from the job. I guess that's what the nomination/confirmation process is supposed to ID and consider.
Posted on 6/21/19 at 4:55 pm to davyjones
quote:
I guess that's what the nomination/confirmation process is supposed to ID and consider.
The process doesn't work as far as I'm concerned.
Posted on 6/21/19 at 4:57 pm to davyjones
The NAACP opposed Charles Pickering nomination just b/c he was a Republican from Mississippi. That was way more egregious than Robert Bork.
Posted on 6/21/19 at 4:59 pm to SCLibertarian
quote:
Read the facts of this case. They're going to try this guy for the 7th time. Three prior cases were overturned for some form of prosecutorial misconduct and two were hung juries. Now this. Set this man free.
I agree wholeheartedly. If the state feels that the persistent strategy of excluding black jurors is that necessary then that is quite telling of the case's evidentiary strength. Ive never heard of a case history like this, convictions being reversed this many times as well as hung juries. On a side note Id love to see how much it's all costed the state/county.
Plus, the state's particular strategy in going about this appears amateur. This isnt generalizing for any malicious purpose, but if one wants to exclude a certain race the questioner at jury selection must be more discreet, at least as far as basis for peremptory strike is concerned...for example ask all jurors what their political affiliation is. I'll put it this way, in terms of my side of things: if I want a relatively legit basis to strike as many white jurors as possible I ask all jurors what their political affiliation is. Depending on where u are most whites will be Republican (my area)....and that's my basis in case of reverse Batson challenge - dont want Republicans on my jury.
Posted on 6/21/19 at 5:23 pm to aTmTexas Dillo
quote:
I guess that's what the nomination/confirmation process is supposed to ID and consider.
The process doesn't work as far as I'm concerned.
There's just no other way to catch problems/issues/biases/activist tendencies before it's too late....that's the one shot, and granted it's quite imperfect but in relatively few instances is a regrettable mistake made by the appointer-in-chief.
HOWEVER, the benefit awaiting on the other side of it with lifetime appointments is that theoretically there wont be justices with shaky constitutions that could be easily swayed by various shady incentives and motivations. As it system stands they're free to make decisions without concern for appeasing anyone with reelection or future aspirations in mind.
Posted on 6/21/19 at 5:27 pm to davyjones
quote:
confirms my suspicion that Kav will "evenhandedly" apply facts, precedence and constitutional principles.
HOW DARE KAV ACTUALLY APPLY PRECEDENTS, LAW, AND CONSTITUTIONAL PRINCIPLES TO A CONSTITUTIONAL CASE!!!! I'm so triggered I WANT SOCIAL JUSTICE AND LEGISLATION FROM THE BENCH!!! KAV IS A MENACE TO OUR ALINSKY MOVEMENT, WE MUST TAKE HIM DOWN WITH SLANDEROUS ACCUSATIONS OF SEXUAL ASSAULT!!!!
quote:
With a Justice Kavanaugh on the Supreme Court, we could see reversals of hard-won gains securing equal opportunity in education, employment and housing. We could see further exclusion of communities of color from participation in our democracy. We could see racism continue to flourish within the criminal justice system. We could see the elimination of effective tools for proving discrimination.
IE we want constitutional principles and originalism ignored for our socialist, suppressive, unsupported agenda, simple as that
quote:
We could see the overturning of Roe v. Wade
quote:
NAACP
Support killing your race off, dontcha?
quote:
guarantee to accessible health care for millions
LOL "accessible" despite health care costs actually increased pursuant to OBAMACare, you like paying all those taxes of your hard-earned income as well? Bunch of ungrateful limousine liberal retards hanging out in the Hamptons or Martha's Vineyard with ritzy junkies.
Posted on 6/21/19 at 5:32 pm to davyjones
quote:
regrettable mistake
David Souter
In my opinion out of collegiality and decorum, the GOP has shown little interest in opposing the SC nominees of democrats. Those Justices don't in all cases but very commonly rule relative to their political leanings. On the other had democrats go to defcon 4 with GOP SC nominations. This will not be any less intense in coming years.
Republicans have had more problems misunderstanding the temperament of their nominees. Tell me when a democrat nominee has surprisingly rulled with the conservatives in the modern era. At least that is in pivotal cases that come before the court. I don't know what is happening at the circuit court and appeals court level.
Posted on 6/21/19 at 5:50 pm to ThePTExperience1969
quote:
NAACP
Support killing your race off, dontcha?
Wait, who me? I figured that was just non-directed commentary until the above part.
Im taking the quotes off evenhandedly. I had a purpose for that but honestly forgot why...long week. We're solidly on the same page.
Posted on 6/21/19 at 5:54 pm to aTmTexas Dillo
quote:
In my opinion out of collegiality and decorum, the GOP has shown little interest in opposing the SC nominees of democrats. Those Justices don't in all cases but very commonly rule relative to their political leanings. On the other had democrats go to defcon 4 with GOP SC nominations. This will not be any less intense in coming years.
Agreed....Repubs need to be much more aggressive, respond in kind. Timidity has no place in D.C.
Posted on 6/21/19 at 6:01 pm to davyjones
quote:
Agreed....Repubs need to be much more aggressive, respond in kind. Timidity has no place in D.C.
Particularly when opponents libel and slander their nominees and endeavor to ruin their reputations then have the audacity to criticize that defamation victim when he fights for his good name and family, bunch of hypocritical retards, should lock em up
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