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re: Brett Kavanaugh is certain a Louisiana law is rooted in racism.

Posted on 10/8/19 at 12:30 pm to
Posted by kingbob
Sorrento, LA
Member since Nov 2010
71188 posts
Posted on 10/8/19 at 12:30 pm to
I actually agree with Brett on a philosophical level. The Constitution says “beyond a reasonable doubt”. If a juror votes “not guilty” they clearly had doubts. The problem comes with us having racist, unreasonable jurors who vote guilty/not guilty based only on race. The question is: is having guilty people go free due to racism worse than having innocent people go to prison due to not believing those doubts to be reasonable?
Posted by ashy larry
Marcy Projects
Member since Mar 2010
5582 posts
Posted on 10/8/19 at 12:34 pm to
quote:

I dont understand why the Dems hated Kavanaugh so much??
quote:

bitching and moaning is their favorite past-time and he was nominated by Trump. Really no other reason



If that were true, the left would hate Gorsuch equally or even more. The left didn't put up nearly the fight for Gorsuch as they did for Kavanaugh.
Posted by Havoc
Member since Nov 2015
39564 posts
Posted on 10/8/19 at 12:37 pm to
Idiot libs turned the planet upside down opposing this guy and he’s actually a pretty liberal jurist.
Posted by Steadyhands
Slightly above I-10
Member since May 2016
7203 posts
Posted on 10/8/19 at 12:39 pm to
quote:

He was convicted of murder by a jury vote of 10 to 2 in 2016. The amendment to the state Constitution that barred non-unanimous verdicts only apply to crimes after 2018. If he wins, a lot of convictions may have to be overturned.



I would not think they would just be overturned...should all have to repeat trial.
Posted by Parmen
Member since Apr 2016
18317 posts
Posted on 10/8/19 at 1:01 pm to
If the jury is hung, defendant should walk. No retrying. Prosecution obviously sucked at their job, the defense attorney was really good, they should be guilty of a lesser charge, or the dude is innocent.
Posted by LegendaryOutlaw
Member since Apr 2019
285 posts
Posted on 10/8/19 at 1:02 pm to
I would say the law is more to combat racism, and in doing so, I’d be correct. Let me be perfectly clear: OJ Simpson
Posted by tylercsbn9
Cypress, TX
Member since Feb 2004
67244 posts
Posted on 10/8/19 at 1:12 pm to
quote:

dont understand why the Dems hated Kavanaugh so much??


Because he was a trump nom

It’s that simple. He’s a solid justice for the most part and seems to be able to look at things impartially
Posted by tylercsbn9
Cypress, TX
Member since Feb 2004
67244 posts
Posted on 10/8/19 at 1:16 pm to
quote:

If that were true, the left would hate Gorsuch equally or even more. The left didn't put up nearly the fight for Gorsuch as they did for Kavanaugh.


Because kav was before the mid terms so they wanted to delay and hope they took the senate to block it

It will be ten times worse if trump has to nominate someone to replace RBG
This post was edited on 10/8/19 at 1:19 pm
Posted by CoachMoorGut
Member since Sep 2018
725 posts
Posted on 10/8/19 at 1:20 pm to
quote:


If that were true, the left would hate Gorsuch equally or even more. The left didn't put up nearly the fight for Gorsuch as they did for Kavanaugh.


Gorsuch replaced Scalia. Status quo was maintained. Kavanaugh replaced Kennedy, and could have taken a swing vote.

Unfortunately it hasn't panned out quite that well.
Posted by GumboPot
Member since Mar 2009
140573 posts
Posted on 10/8/19 at 1:25 pm to
Regardless of what it's rooted in, convictions based on jury verdicts that are not unanimous is bull shite and should end.
This post was edited on 10/8/19 at 1:29 pm
Posted by Gusoline
Jacksonville, NC
Member since Dec 2013
11157 posts
Posted on 10/8/19 at 1:28 pm to
You're right, it's absolutely racist to refuse to convist someone just because they have the same skin color as you. That's why the law is there, to prevent racists from freeing guilty men and women.
Posted by DomincDecoco
RIP Ronnie fights Thoth’s loafers
Member since Oct 2018
12012 posts
Posted on 10/8/19 at 1:30 pm to
quote:

“The rule in question here is rooted in a—in racism, you know, rooted in a desire, apparently, to diminish the voices of black jurors,” the justice told the state’s solicitor general, Elizabeth Murrill.


he aint lying....but now the question becomes what happens if/when they go to unanimous verdicts and one juror, for whatever the reason, decides to hold out and vote not guilty.

Edit:seems to be a popular concern.
This post was edited on 10/8/19 at 1:36 pm
Posted by lsuwontonwrap
Member since Aug 2012
34147 posts
Posted on 10/8/19 at 1:34 pm to
he's drunk again
Posted by Barbellthor
Columbia
Member since Aug 2015
11577 posts
Posted on 10/8/19 at 1:59 pm to
I mean. From what I understand, he’s not wrong. It may not be used TODAY for that purpose, certainly. But he’s not wrong.

Jury verdicts, at least in capital cases, should absolutely be unanimous for general constitutional purposes regardless, racism be damned.
Posted by AlonsoWDC
Memphis, where it ain't Ten-a-Key
Member since Aug 2014
9387 posts
Posted on 10/8/19 at 2:33 pm to
quote:

Long ago, Democrats put in racist law.

Years later, a Republican SC judge, that Democrats tried to railroad with false accusations, overturns their racism.

So much irony here. So, so thick....


It's almost as if there was never a party shift.
Posted by TigerChief10
Member since Dec 2012
10858 posts
Posted on 10/8/19 at 2:35 pm to
lol pARtY sHIft
Posted by Clockwatcher68
Youngsville
Member since May 2006
8259 posts
Posted on 10/8/19 at 3:30 pm to
quote:

The question is: is having guilty people go free due to racism worse than having innocent people go to prison due to not believing those doubts to be reasonable?


Answer is clear when you consider that you might be the one carted off to prison or the gallows. Unless we trust that the government is 100% correct every time.

The left muddying up our common ground is no accident.
Posted by efrad
Member since Nov 2007
18704 posts
Posted on 10/8/19 at 3:46 pm to
quote:

quote:

I dont understand why the Dems hated Kavanaugh so much??


Abortion


no, Kavanaugh said Roe v. Wade is established and he wouldn't overturn it.

This was nothing more than attacking anyone Trump nominated because Trump

And I don't even like Brett Kavanaugh (because he has an awful track record and wrote the patriot act)
Posted by LSUtoBOOT
Member since Aug 2012
21174 posts
Posted on 10/8/19 at 5:06 pm to
quote:

Years ago I would be inclined to agree with him. These days, not so much. There's a lot to this.


In Nola today it could be what saves a person from being found guilty of white privilege. The tables have turned.
Posted by Unknown_Poster
Member since Jun 2013
5758 posts
Posted on 10/8/19 at 5:21 pm to
quote:

I dont understand why the Dems hated Kavanaugh so much??

This evinces a pretty shallow understanding of constitutional law and politics. To say this law is rooted in racism is a no-brainer. That doesn't alter the fact that Kavanaugh has dozens of other opinions on other areas of constitutional law that are antithetical to the beliefs of most Democrats.

One side bitching about the other side's Supreme Court nominations is hardly a novel concept. Unless you're a millennial who doesn't pay much attention to court appointments.
This post was edited on 10/8/19 at 5:23 pm
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