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Bizarro World is HERE: Ginsburg sides with Conservative justices, Gorsuch with Liberals!!!

Posted on 6/3/19 at 11:59 am
Posted by Roaad
White Privilege Broker
Member since Aug 2006
84029 posts
Posted on 6/3/19 at 11:59 am
She even cast the deciding vote! LINK

quote:


The Supreme Court on Monday found that a criminal defendant can be sentenced for violating his supervised release, even if the release expires while he is incarcerated ahead of facing new charges.

The justices, divided in the 5-4 decision, ruled against Jason Mont's argument that a district court shouldn't be able to charge him for violating his release because the term had expired at the time of the new sentencing.
Posted by Lsupimp
Ersatz Amerika-97.6% phony & fake
Member since Nov 2003
86173 posts
Posted on 6/3/19 at 12:03 pm to
Which just makes me suspect (although I have no idea) the liberals/Gorsuch made the correct call. Gorsuch is my bro.
Posted by dantes69
Boise, Id.
Member since Aug 2011
2063 posts
Posted on 6/3/19 at 12:04 pm to
That's because she has no clue what is going on, she just figures that whatever Gorsuch does she will do the opposite
Posted by Displaced
Member since Dec 2011
33051 posts
Posted on 6/3/19 at 12:09 pm to
quote:

The justices, divided in the 5-4 decision, ruled against Jason Mont's argument that a district court shouldn't be able to charge him for violating his release because the term had expired at the time of the new sentencing.

Without knowing the finer points of the case, wouldn't the violation occur at the second arrest and not the sentencing
Posted by vistajay
Member since Oct 2012
2900 posts
Posted on 6/3/19 at 12:10 pm to
Why would you think each faction would, or should, agree on everything? Not every issue can be neatly identified as conservative or liberal.
Posted by Bestbank Tiger
Premium Member
Member since Jan 2005
80941 posts
Posted on 6/3/19 at 12:35 pm to
quote:

Without knowing the finer points of the case, wouldn't the violation occur at the second arrest and not the sentencing


I would have assumed the violation was the act that got him arrested. The subsequent conviction is just a jury concluding that he committed the act.

But this isn't dogs and cats lying down together. Ginsburg has never been particularly sympathetic to due process rights and Gorsuch (so far) has been a strong defender of the rights of the accused.
Posted by KCT
Psalm 23:5
Member since Feb 2010
50077 posts
Posted on 6/3/19 at 12:40 pm to
Long live Ruth Bader Ginsburg?

My head hurts. Where's the Advil?


PS - Seriously though, this seems like one of those rare cases where people just decided based on honest feelings. No voting bloc.
This post was edited on 6/3/19 at 12:41 pm
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
477243 posts
Posted on 6/3/19 at 1:05 pm to
quote:

I would have assumed the violation was the act that got him arrested

yes

quote:

The subsequent conviction is just a jury concluding that he committed the act.

yeah

i need to read the dissent b/c their argument doesn't make sense from the article in OP. the article is missing some information, though
Posted by AggieHank86
Texas
Member since Sep 2013
44345 posts
Posted on 6/3/19 at 1:18 pm to
quote:

Why would you think each faction would, or should, agree on everything?
Tribalism

On its face, this should have been 9-0 in favor of the State. Something is missing in the reporting.
This post was edited on 6/3/19 at 1:22 pm
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
477243 posts
Posted on 6/3/19 at 1:47 pm to
it's a highly detailed (ie, boring) discussion of the definition of "imprisoned" and "in connection with" of 18 USC 3624

this is the opening of the dissent:

quote:

A term of supervised release is tolled when an offender “is imprisoned in connection with a conviction.” 18 U. S. C. §3624(e). The question before the Court is whether pretrial detention later credited as time served for a new offense has this tolling effect. The Court concludes that it does, but it reaches that result by adopting a backward looking approach at odds with the statute’s language and by reading the terms “imprisoned” and “in connection with” in unnatural isolation. Because I cannot agree that a person “is imprisoned in connection with a conviction” before any conviction has occurred, I respectfully dissent


also, for a bit of humor, majority opinion:

quote:

Mont did not succeed on supervised release.


dissent:

quote:

Mont’s time on supervised release did not go well


but the gist of the dissent is this:

quote:

The majority errs by affirming the Sixth Circuit’s construction of the tolling statute. Most naturally read, a person “is imprisoned in connection with a conviction” only while he or she serves a prison term after a conviction. The statute does not allow for tolling when an offender is in pretrial detention and a conviction is no more than a possibility.


and it makes no sense

all a Defendant would have to do is drag out a later prosecution until the federal supervision term ended and it would, effectively, "rob" the state of the suspended time the Defendant was granted in exchange for supervised release.

the result would be absurd

quote:

The majority’s retrospective approach cannot be squared with the language of §3624(e). Because Congress phrased the provision in the present tense, the statute calls for a contemporaneous assessment of whether a person “is imprisoned” with the requisite connection to a conviction. The majority erroneously shifts the statute’s frame of reference from that present-tense assessment (what is) to a backward-looking review (what was or what has been).


that's literally done all the time. the alternative would be to revoke the supervised release with a lower threshold than conviction (which is how every state that I know of does with people on probation or parole), to avoid the possibility of a state proceeding (that the district court has no power over) from dragging on

i get what they're trying to argue (the statute itself is at issue), but there is simply no way that was Congress's intent when the statute was written

Direct link to opinion
Posted by Ollieoxenfree99
Member since Aug 2018
7748 posts
Posted on 6/3/19 at 2:17 pm to
WTF is this case important enough to go to the SCOTUS?
Posted by westide
Bamala
Member since Sep 2014
2882 posts
Posted on 6/3/19 at 2:22 pm to
If the baby killing bitch voted for it then I am against it.
Posted by rebeloke
Member since Nov 2012
17284 posts
Posted on 6/3/19 at 2:23 pm to
Wait. Is she physically there or via home voting?
Posted by bmy
Nashville
Member since Oct 2007
48203 posts
Posted on 6/3/19 at 3:02 pm to
Do people still think she is dead? That meme seems to have died out
Posted by AggieHank86
Texas
Member since Sep 2013
44345 posts
Posted on 6/3/19 at 4:06 pm to
quote:

If the baby killing bitch voted for it then I am against it.
36% of SCOTUS decisions are unanimous. Do you oppose all of those as well?
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