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re: AOC wants to strip SCOTUS of jurisdiction

Posted on 7/15/22 at 11:40 pm to
Posted by imjustafatkid
Alabama
Member since Dec 2011
62593 posts
Posted on 7/15/22 at 11:40 pm to
Just codify it into law, you disgusting baby killers. If it's that important to you, that's what you have to do.
Posted by Dough
Baton Rouge
Member since Feb 2009
199 posts
Posted on 7/15/22 at 11:46 pm to
(no message)
Posted by LSU2ALA
Member since Jul 2018
2062 posts
Posted on 7/16/22 at 6:58 am to
quote:

Until that law gets before the SCOTUS. Then, see Marbury vs. Madison. Democrats: "SCOTUS, you must rule that you don't have the authority...." SCOTUS: "Nah."


Chancellor, I’m sorry, but you are incorrect here. Take a look at Ex parte McCardle. It’s a case from Reconstruction. In short, this guy McCardle was a newspaper publisher and was against the Reconstruction Acts. He printed inflammatory materials to that affect and was jailed by a military commander. He appealed to SCOTUS saying his rights had been violated. They agreed to hear case and did. Right before they ruled though, Congress removed their rights to be an appellate court for this. By unanimous vote, SCOTUS agreed they no longer had the right to hear this. They did not see it as being in opposition to Marbury vs Madison.

Here is a link to a Wikipedia article on it. It also mentions a couple times where justices have said they would be bound by this. LINK
Posted by Bulldogblitz
In my house
Member since Dec 2018
28158 posts
Posted on 7/16/22 at 7:00 am to
quote:

AOC wants to strip


Well that was exciting
Posted by TeaParty
Member since May 2022
935 posts
Posted on 7/16/22 at 7:01 am to
This woman gets entirely too much press. Why is the dumbest person in the room given this much ink.
Posted by roadGator
Member since Feb 2009
154569 posts
Posted on 7/16/22 at 7:04 am to
You would support such an abhorrent action.

Luckily you democrats don’t have the votes for this nonsense.
Posted by Undertow
Member since Sep 2016
8844 posts
Posted on 7/16/22 at 7:05 am to
quote:

My favorite big booty Latina!


For some reason I keep wondering if ole boy was prepared to use that line and was planning to beforehand. Because it sure sounded like it. Either that or he’s really quick on his feet because she happened to show up in that dress accentuating her butt.
Posted by BBONDS25
Member since Mar 2008
56700 posts
Posted on 7/16/22 at 7:11 am to
quote:

By unanimous vote, SCOTUS agreed they no longer had the right to hear this. They did not see it as being in opposition to Marbury vs Madison.


You think the current court would feel the same way about a case they already ruled upon?
This post was edited on 7/16/22 at 7:12 am
Posted by LSU2ALA
Member since Jul 2018
2062 posts
Posted on 7/16/22 at 7:12 am to
quote:

You would support such an abhorrent action. Luckily you democrats don’t have the votes for this nonsense.


RG, please tell me where I said I would support such an action. I certainly would not. The question was could it be done legally as people thought she was making stuff up. She was not. Even taking the abortion angle off the table, stripping SCOTUS of review is a very dangerous path to go down. This is something that hasn’t been done in a very long time. It is essentially dead letter law and would be looked at as a cheat code if you will. If they can pass it through the house and Senate, should they put it in there? Yes. Do I want a national abortion law? Not at this time I don’t.
Posted by LSU2ALA
Member since Jul 2018
2062 posts
Posted on 7/16/22 at 7:15 am to
quote:

You think the current court would feel the same way about a case they already ruled upon?


That’s the thing. This would be ruling on a new case. If you say they can’t rule on abortion review and then don’t pass a national law, then the state laws hold. I guess the question is are the conservatives truly textual originalists.
Posted by SouthEasternKaiju
SouthEast... you figure it out
Member since Aug 2021
42263 posts
Posted on 7/16/22 at 7:19 am to
“AOC wants to strip…”

Stopped reading there.
Posted by Smokeyone
Maryville Tn
Member since Jul 2016
20919 posts
Posted on 7/16/22 at 7:23 am to
AOC should strip. She should do tours and maybe do porn for awhile. She is doing to be fat in under 5 years so if she is going to do it, might as well do it now.
Posted by interdesting
Member since Dec 2020
193 posts
Posted on 7/16/22 at 7:28 am to
Thankfully, any case wherein a State is a party, the Supreme Court has Original Jurisdiction. Thus, a state becomes a party to abortion cases (which normally arises when that state enforces its own law on the issue) is outside Congress’s “narrow” ability to “regulate” the Supreme Court’s Appellate Jurisdiction.
This post was edited on 7/16/22 at 7:30 am
Posted by AggieHank86
Texas
Member since Sep 2013
44345 posts
Posted on 7/16/22 at 7:28 am to
quote:

You would support such an abhorrent action.
RG, certainly you do not equate (1) recognition of authority to perform an act with (2) substantive APPROVAL of that act, do you?

LSU4ALA and I disagreed strongly on another issue earlier this week, but (s)he (?) is correct here.
This post was edited on 7/16/22 at 7:33 am
Posted by AggieHank86
Texas
Member since Sep 2013
44345 posts
Posted on 7/16/22 at 7:30 am to
quote:

You think the current court would feel the same way about a case they already ruled upon?
Yes.

They have shown a willingness to follow the letter of the Constitution.

That is a Good Thing.
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
135489 posts
Posted on 7/16/22 at 7:32 am to
quote:

Ocasio-Cortez demands Pelosi, Schumer strip SCOTUS of jurisdiction on abortion
quote:

we urge the exercise of Congress’ constitutional powers under Article III to include language that removes the Supreme Court’s appellate jurisdiction
Interesting.

Of course, such action itself would further vitiate Roe v Wade. There is also nothing (but the fact they don't have the votes) to prevent Congress from passing a Civil Rights Act assuring abortion up to the point rights must be bestowed to the fetus.

But I guess that's what happens when you bring a bartender to a jurisprudence fight.
Posted by Smokeyone
Maryville Tn
Member since Jul 2016
20919 posts
Posted on 7/16/22 at 7:35 am to
quote:

You would support such an abhorrent action. Luckily you democrats don’t have the votes for this nonsense.


Congress is not a superior agency to the courts, nor the president. These idiot democrats watched Star Wars and believe the congress can overrule everything.
Posted by BBONDS25
Member since Mar 2008
56700 posts
Posted on 7/16/22 at 7:37 am to
quote:

Yes. They have shown a willingness to follow the letter of the Constitution. That is a Good Thing.


Pipe dream. They aren’t overruling a decision they already made because after the ruling was made congress decides to strip their jurisdiction. You think that would apply retroactively? Of course it wouldn’t.
Posted by LSU2ALA
Member since Jul 2018
2062 posts
Posted on 7/16/22 at 7:37 am to
quote:

Thankfully, any case wherein a State is a party, the Supreme Court has Original Jurisdiction. Thus, a state becomes a party to abortion cases (which normally arises when that state enforces its own law on the issue) is outside Congress’s “narrow” ability to “regulate” the Supreme Court’s Appellate Jurisdiction.


That’s not a bad point; however, SCOTUS, has obviously defined the original jurisdiction quite narrowly.
Posted by LSU2ALA
Member since Jul 2018
2062 posts
Posted on 7/16/22 at 7:38 am to
quote:

LSU4ALA and I disagreed strongly on another issue earlier this week, but (s)he (?) is correct here.


Thanks, and I am a he.
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