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Started By
Message
re: Consequence of the leak of the Roe overturn
Posted on 5/3/22 at 6:41 am to The Spleen
Posted on 5/3/22 at 6:41 am to The Spleen
quote:
The Spleen
The TDS is strong with this one
0
Posted on 5/3/22 at 6:43 am to Barbellthor
The reversal will change the election in November. The Democrats will raise towns of cash and their base will be fired up beyond belief. It will probably keep the Senate Democrat and may severely damage the GOP in the house. The Democrats will campaign on blowing up the filibuster and packing the Court.
Posted on 5/3/22 at 6:44 am to MSTiger33
quote:
Why wouldn't Roberts vote in favor and pen the opinion himself so he can make it as narrow as he wants?
That's not really how opinion writing is decided. I forget how it goes exactly, but there's something of an allotment to it. Not really a pick and choose. In addition to being limited to who's in the majority versus simply in the concurrence.
This post was edited on 5/3/22 at 6:46 am
Posted on 5/3/22 at 6:45 am to FlyingTiger1955
quote:
packing the Court.
And where does it say the Court has to have 9 members?
Posted on 5/3/22 at 6:47 am to Barbellthor
Why are most of the bad/dumb lefty posters Alabama fans??
Rhetorical question………lol
Rhetorical question………lol
Posted on 5/3/22 at 6:47 am to The Spleen
quote:It's hilarious that the left accuses Trump of this, like it's some gotcha. It's the core of their playbook, they don't give a shite about rules, decorum, norms etc.
violation of institutional norms
Posted on 5/3/22 at 6:48 am to weagle99
quote:
And where does it say the Court has to have 9 members?
The only thing anything says is there must be a SCOTUS. Of indeterminate amount, which was capped after the Civil War. All these district and appellate courts are superfluous, really. But if some people wanna "destroy norms"...
Posted on 5/3/22 at 6:48 am to thenza
quote:
Yikes. You really come off as one of the good guys here…
I'm hoping it was sarcasm. Sadly, you never know these days.
Posted on 5/3/22 at 6:50 am to Barbellthor
Whoever leaked this should be arrested and tried for treason.
Posted on 5/3/22 at 6:50 am to weagle99
So you don’t have a problem with the next GOP president adding enough justices to the court to change it to a right wing court. If your side changes the number, then let’s do it from now on.
Posted on 5/3/22 at 6:50 am to coolpapaboze
quote:
It's hilarious that the left accuses Trump of this, like it's some gotcha. It's the core of their playbook, they don't give a shite about rules, decorum, norms etc.
I honestly don’t even know what he was referencing.
Trump being crass was just like THIS?
Posted on 5/3/22 at 6:51 am to The Spleen
quote:
I don’t need to be lectured by these people on what is right or wrong,
You’re right, because it would be lost on you, anyway. You have no concept of right and wrong. Only what satisfies your petty wants.
Posted on 5/3/22 at 6:53 am to weagle99
quote:
And where does it say the Court has to have 9 members?
Congressional statute.
It's ranged from 5 to 10 but has been at 9 since 1869.
Posted on 5/3/22 at 7:00 am to UFMatt
Sadly, it is not illegal. But it is maybe one of the most provocative moves ever....and I suspect by design
Posted on 5/3/22 at 7:03 am to Roll Tide Ravens
quote:
It’s sad that some clerk has become such a little bleeding heart activist that they would break the main rule of their Supreme Court clerkship to leak this draft opinion and undermine the trust between the Justices that allows them to work together.
I’m sure Sotomayer gave him the wink-wink, nudge-nudge, sign for her staffer to leak it while she can claim innocence.
The Left will sing ballads and erect statutes of this hero.
Posted on 5/3/22 at 7:05 am to Roll Tide Ravens
quote:
It’s sad that some clerk has become such a little bleeding heart activist that they would break the main rule of their Supreme Court clerkship to leak this draft opinion and undermine the trust between the Justices that allows them to work together.
will be labeled a hero and go to work for MSDNC.
Posted on 5/3/22 at 7:12 am to The Spleen
Melt bitch. 
Posted on 5/3/22 at 7:12 am to Barbellthor
quote:
quote:
Why wouldn't Roberts vote in favor and pen the opinion himself so he can make it as narrow as he wants?
That's not really how opinion writing is decided. I forget how it goes exactly, but there's something of an allotment to it. Not really a pick and choose. In addition to being limited to who's in the majority versus simply in the concurrence.
Yes and no.
If Roberts voted to "completely overturn" RvW, then he would get to pick who writes the opinion. Therefore, from the outset, he could choose himself.
However, he would still need to write an opinion that would get 4 other Justices to join in. If he can't get four other Justices, then he would be writing either a concurring opinion or a plurality opinion -- depending upon how many votes other opinions receive.
So, if his opinion got 3 other votes and a separate opinion voting to overturn RvW only got two votes, then he would be writing a plurality opinion. This opinion would be the official opinion of the Court. However, it would merely overturn RvW without really having much precedential value insofar as its reasoning.
On the other hand, if Roberts wrote an opinion overturning RvW but he couldn't get a single Justice to join in, while, at the same time Alito wrote a separate opinion joined in by 4 other Justices, Alito's opinion would be the official opinion of the Court and Roberts' opinion would merely be a concurring opinion.
But, if Roberts doesn't vote to overturn RvW at all, Justice Thomas, as the senior Justice on the "winning side," gets to pick who writes the opinion.
This post was edited on 5/3/22 at 7:22 am
Posted on 5/3/22 at 7:14 am to FlyingTiger1955
quote:
So you don’t have a problem with the next GOP president adding enough justices to the court to change it to a right wing court. If your side changes the number, then let’s do it from now on.
You are jumping to conclusions.
I want the Court capped at an even number of Justices. 8,10, maybe 12.
Posted on 5/3/22 at 7:16 am to weagle99
quote:
I want the Court capped at an even number of Justices. 8,10, maybe 12.
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