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re: Kagan issues scathing dissent in Texas redistricting case

Posted on 12/5/25 at 12:34 pm to
Posted by RCDfan1950
United States
Member since Feb 2007
38611 posts
Posted on 12/5/25 at 12:34 pm to
Districts should represent the total, collective political orientation (R v D) of a State. If a State is 60% Red and 40% Blue, then the Representation should reflect that. Respective Districts could still reject any candidate that has abandoned their constituent's views.

Kagan is partisan Dem; she neither reflects Constitutional Principle or even basic fairness. She is a hack. Albeit 'fairness' may be subjective.
Posted by KCT
Psalm 23:5
Member since Feb 2010
46048 posts
Posted on 12/5/25 at 12:37 pm to
quote:

Just remember that it would only take two more of these types of jurists to destroy 250 years of legal precedent and strip away every right we've enjoyed over that time.


This is why they talk about throwing the Constitution down the drain and "Expanding the Court" as soon as they can manage to do so.

I actually try to like Kagan, because she's a couple notches above Sotomayor and a million miles above the other one, but she went full-out Leftist here.
Posted by Y.A. Tittle
Member since Sep 2003
109599 posts
Posted on 12/5/25 at 12:38 pm to
quote:

SCOTUS (as an appellate court rather than a fact finder) owes a certain level of deference to the District Judge who heard the case and made the factual determinations.


Versus deference to a democratically elected legislative body?
Posted by JimEverett
Member since May 2020
1920 posts
Posted on 12/5/25 at 12:42 pm to
quote:

Versus deference to a democratically elected legislative body?


Yes!
This post was edited on 12/5/25 at 12:45 pm
Posted by TigerIron
Member since Feb 2021
3819 posts
Posted on 12/5/25 at 12:46 pm to
quote:

It is almost as if you did not bother to READ


She said the court is supposed to give significant deference to the district court but the district court is supposed to give even more significant deference to the legislature and be very very careful about interference with an election right before the election. The district court here did not do that and went out of its way to make shite up to say that a gerrymander that was obviously done for political reasons was actually being done for racial reasons. Which was just false and unproven.
Posted by MFn GIMP
Member since Feb 2011
22766 posts
Posted on 12/5/25 at 12:48 pm to
quote:

If a district court’s factual determination is “‘plausible’ in light of the full record—even if another is equally or more so”—that determination “must govern.”

In other words, the Supreme Court isn't Supreme.
Posted by jrobic4
Baton Rouge
Member since Aug 2011
11996 posts
Posted on 12/5/25 at 12:48 pm to
quote:

Do California


(D)ifferent
Posted by TrueTiger
Chicken's most valuable
Member since Sep 2004
79880 posts
Posted on 12/5/25 at 12:54 pm to
You left this out:

quote:

 “And today’s order disserves the millions of Texans whom the District Court found were assigned to their new districts based on their race.”
Posted by SDVTiger
Cabo San Lucas
Member since Nov 2011
93146 posts
Posted on 12/5/25 at 12:55 pm to
So the Texas map is allowed to go through?..
What a fricking L to SFP and the Ds
Posted by hogcard1964
Alabama
Member since Jan 2017
17326 posts
Posted on 12/5/25 at 12:56 pm to
SCOTUS (as an appellate court rather than a fact finder) owes a certain level of deference to the District Judge who heard the case and made the factual determinations.

However she disented in the overturning of Roe v Wade (Dobbs v. Jackson). She didn't care about the Mississippi judge's opinion on that one.

Posted by RelentlessAnalysis
Member since Oct 2025
1563 posts
Posted on 12/5/25 at 12:57 pm to
quote:

If a district court’s factual determination is “‘plausible’ in light of the full record—even if another is equally or more so”—that determination “must govern.”
quote:

In other words, the Supreme Court isn't Supreme.

On matters of law, it IS.

On matters of fact (such as evaluating the credibility of witnesses), it is NOT. Why? Because the appellate court was not THERE, to see/hear the witnesses and to do that evaluation.

This is not a "Left vs Right" question. It has been the case in Anglo-American jurisprudence for centuries.
Posted by RelentlessAnalysis
Member since Oct 2025
1563 posts
Posted on 12/5/25 at 1:00 pm to
quote:

She said the court is supposed to give significant deference to the district court but the district court is supposed to give even more significant deference to the legislature and be very very careful about interference with an election right before the election. The district court here did not do that and went out of its way to make shite up to say that a gerrymander that was obviously done for political reasons was actually being done for racial reasons. Which was just false and unproven.
Please read the dissent.

Kagan quotes legislators SPECIFICALLY STATING racial motives (such as creating safe Latino districts, versus Dem Districts).
Posted by retired_tiger
Member since Oct 2025
335 posts
Posted on 12/5/25 at 1:01 pm to
quote:

Women should not be o. The SC

Profound ignorance and bigotry on display.
Posted by pizzathehut
west monroe
Member since Jul 2016
1137 posts
Posted on 12/5/25 at 1:01 pm to
douchebag..............
Posted by hogcard1964
Alabama
Member since Jan 2017
17326 posts
Posted on 12/5/25 at 1:05 pm to
SFP never said that. He's Sorry For all of the Problems due to his miscommunication.
Posted by RelentlessAnalysis
Member since Oct 2025
1563 posts
Posted on 12/5/25 at 1:05 pm to
quote:

she disented in the overturning of Roe v Wade (Dobbs v. Jackson). She didn't care about the Mississippi judge's opinion on that one.
You are out of your depth.

Dobbs was decided as a matter of law, not fact. As such, the question of deference to the factual findings of the District Court did not arise.

Dobbs was decided on full briefing and hearing, rather than as an interim matter over the weekend.

Those are just two of the many reasons that the procedural history of Dobbs is not remotely relevant here.
Posted by SlayTime
Member since Jan 2025
3701 posts
Posted on 12/5/25 at 1:05 pm to
Dems hoped Cons would never do what they do so they could claim the moral high ground. The moral high ground will get you extincted.
Posted by Jbird
In Bidenville with EthanL
Member since Oct 2012
84070 posts
Posted on 12/5/25 at 1:11 pm to
quote:

Dems hoped Cons would never do what they do so they could claim the moral high ground. The moral high ground will get you extincted.

Posted by RandRules
Member since Mar 2025
237 posts
Posted on 12/5/25 at 1:14 pm to
Kagan is nothing more than a paid shill of the left. Look at the way she votes. How is it possible that someone like yourself, if you claim to have “strong libertarian leanings”, how can you respect Kagan in any way? The only thing that separates her from those other two judges you mentioned is she can actually form a coherent sentence.

District court judges are so overwhelmingly left wing that the SC has to check them factually. In many cases, its the only thing that keeps our liberties intact.
Posted by Ace Midnight
Between sanity and madness
Member since Dec 2006
94731 posts
Posted on 12/5/25 at 1:18 pm to
quote:

Just remember that it would only take two more of these types of jurists to destroy 250 years of legal precedent and strip away every right we've enjoyed over that time.


And, frankly, Kagan is the best of the 3. By far.
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