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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 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 on 6/3/19 at 12:03 pm to Roaad
Which just makes me suspect (although I have no idea) the liberals/Gorsuch made the correct call. Gorsuch is my bro.
Posted on 6/3/19 at 12:04 pm to Roaad
That's because she has no clue what is going on, she just figures that whatever Gorsuch does she will do the opposite
Posted on 6/3/19 at 12:09 pm to Roaad
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 on 6/3/19 at 12:10 pm to Roaad
Why would you think each faction would, or should, agree on everything? Not every issue can be neatly identified as conservative or liberal.
Posted on 6/3/19 at 12:35 pm to Displaced
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 on 6/3/19 at 12:40 pm to Roaad
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.
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 on 6/3/19 at 1:05 pm to Bestbank Tiger
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 on 6/3/19 at 1:18 pm to vistajay
quote:Tribalism
Why would you think each faction would, or should, agree on everything?
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 on 6/3/19 at 1:47 pm to AggieHank86
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:
also, for a bit of humor, majority opinion:
dissent:
but the gist of the dissent is this:
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
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
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 on 6/3/19 at 2:17 pm to Roaad
WTF is this case important enough to go to the SCOTUS?
Posted on 6/3/19 at 2:22 pm to Roaad
If the baby killing bitch voted for it then I am against it.
Posted on 6/3/19 at 2:23 pm to Roaad
Wait. Is she physically there or via home voting?
Posted on 6/3/19 at 3:02 pm to Roaad
Do people still think she is dead? That meme seems to have died out
Posted on 6/3/19 at 4:06 pm to westide
quote:36% of SCOTUS decisions are unanimous. Do you oppose all of those as well?
If the baby killing bitch voted for it then I am against it.
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