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re: SCOTUS Roberts now has authority to appoint new Judges to SCOTUS under AG Garland rule.

Posted on 6/19/24 at 9:52 am to
Posted by cajunangelle
Member since Oct 2012
167573 posts
Posted on 6/19/24 at 9:52 am to
quote:

anyone can do that, loser. In nearly any direction you want to go, as a matter of fact. What have you proven other than you love the sound of your own voice?

OP is a legitimate criticism of the Smith appointment that's being debated by pundits, legal experts, and legislators alot smarter and more experienced than your fat, binge posting arse. Cranking out 30 more pages of verbal masturbation isnt going to change that. You cant whine your way into being right, no matter what your doting mother tells you.
people from Vacherie, La are simply the best and don't mince words too often.
Posted by JimEverett
Member since May 2020
2417 posts
Posted on 6/19/24 at 9:58 am to
I didn't know if there was something in the 2000s. Anything dealing with "Office of Special Counsel" created by Janet Reno.

And that seems to be the strongest argument the Meece/Federalist Society has. Which is that Congress has authorized the use of special counsels in order to aid U.S. Attorneys, not stand in for them. Therefore, any appointment to the "Office of Special Counsel", under regulations made by former AG Reno are illegal appointments.

It also seems like a decent argument to make as to why Congress ever felt the need to make an "Independent Counsel" statute if the AG can just promulgate regulations creating a position with the same powers.

Posted by Houag80
Member since Jul 2019
19570 posts
Posted on 6/19/24 at 9:59 am to
And....





.

It is cumstained.
Posted by Vacherie Saint
Member since Aug 2015
47624 posts
Posted on 6/19/24 at 10:11 am to
He likely isnt. An opinion shared by former attorneys General, legal scholars, and elected federal officials alike.

Amicus brief

But the message board loud mouth says we should all ignore these voices, reject this debate, and only focus on his opinion.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
477227 posts
Posted on 6/19/24 at 10:13 am to
quote:

And that seems to be the strongest argument the Meece/Federalist Society has. Which is that Congress has authorized the use of special counsels in order to aid U.S. Attorneys, not stand in for them. Therefore, any appointment to the "Office of Special Counsel", under regulations made by former AG Reno are illegal appointments.

It also seems like a decent argument to make as to why Congress ever felt the need to make an "Independent Counsel" statute if the AG can just promulgate regulations creating a position with the same powers.

I think the big variability is removal.

I don't think an AG could remove a SC appointed via statute, but can if it's acting as an inferior officer.
Posted by Vacherie Saint
Member since Aug 2015
47624 posts
Posted on 6/19/24 at 10:13 am to
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
477227 posts
Posted on 6/19/24 at 10:14 am to
quote:

Amicus brief


quote:

AND LAW PROFESSORS STEVEN G. CALABRESI AND GARY S. LAWSON


Where have we heard those names before ITT?
Posted by Vacherie Saint
Member since Aug 2015
47624 posts
Posted on 6/19/24 at 10:14 am to
quote:

I think

quote:

I don't think
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
477227 posts
Posted on 6/19/24 at 10:15 am to
quote:

and only focus on his opinion.

My opinion? No.

I've posted 2 different judicial opinions on this very issue, argued by the same law professors.

I've made no opinions. I've just shown the reality that these opinions (as well as the precedent behind them) exist.

Do you have any rulings that differ legally from the ones I've posted?
Posted by boosiebadazz
Member since Feb 2008
85685 posts
Posted on 6/19/24 at 10:15 am to
I don’t think I’m rejecting debate about it. But I think the debate currently stops at the Section A roadmap I mentioned before. It’s Congress literally authorizing the structure used to appoint him.

If the constitutional check and balance is maintained through the AG, which it is now, I’ll need to see another argument as to why the current scheme doesn’t pass constitutional muster.
Posted by Vacherie Saint
Member since Aug 2015
47624 posts
Posted on 6/19/24 at 10:15 am to
quote:

Where have we heard those names before ITT?


on the list of people that wouldnt hire you to shine their shoes?
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
477227 posts
Posted on 6/19/24 at 10:17 am to
quote:

It has no meaning.

quote:

Laugh emoji all you want, but the fact that you think the two being compared is not logical is honestly embarrassing.


I'll give you one more chance at intellectual honesty.

1. What do you think is being compared, specifically?

2. Please give your summary of this arguments posted in OP:

quote:

The DOJ has no authority, either under the Constitution or federal law, to commission a new “officer of the United States” in the form of a Special Counsel with powers equivalent to a U.S. Attorney. To do so would be akin to the federal judiciary (all federal judges are “officers of the United States”) creating “special judges” with equivalent powers to decide legal matters, preside over jury trials, oversee grand juries, etc


Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
477227 posts
Posted on 6/19/24 at 10:18 am to
quote:

on the list of people that wouldnt hire you to shine their shoes?

No. That's not where.

No reference to my shoe shining ability has been presented ITT.
Posted by Vacherie Saint
Member since Aug 2015
47624 posts
Posted on 6/19/24 at 10:18 am to
post moar!
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
477227 posts
Posted on 6/19/24 at 10:19 am to
quote:

I don’t think I’m rejecting debate about it. But I think the debate currently stops at the Section A roadmap I mentioned before. It’s Congress literally authorizing the structure used to appoint him.

If the constitutional check and balance is maintained through the AG, which it is now, I’ll need to see another argument as to why the current scheme doesn’t pass constitutional muster.


Literally what I posted earlier

quote:

Listen to grifters, no matter how dumb their arguments are.

Ignore the actual facts and defining characteristics of reality to support grifter position that confirms both (1) preconceived partisan belief and (2) groupthink upon which the NPC is committed

When grifters fail, add a layer to the conspiracy to explain how this happened.


With a splash of argument form authority as their only defense, even though those specific authorities have literally failed in every attempt to make this argument elsewhere.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
477227 posts
Posted on 6/19/24 at 10:20 am to
quote:

post moar!

REEEE harder
Posted by Datbawwwww
Member since Oct 2023
468 posts
Posted on 6/19/24 at 10:20 am to
One question that I’ve been curious about, it’s my understanding that each USSCJ has an entire circuit that they have jurisdiction over. Why don’t the USSCJ discipline rogue judges? Even remove them from the bench?

Here is a link to the circuit assignments from the USSC website.


LINK
Posted by Vacherie Saint
Member since Aug 2015
47624 posts
Posted on 6/19/24 at 10:20 am to
No bro. You are totally NOT rejecting debate about it.

Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
477227 posts
Posted on 6/19/24 at 10:21 am to
quote:

Why don’t the USSCJ discipline rogue judges? Even remove them from the bench?

You want Cannon removed if she rules the appointment was illegal?

That won't be popular here. She's speaking truth to power, baw.
Posted by boosiebadazz
Member since Feb 2008
85685 posts
Posted on 6/19/24 at 10:22 am to
quote:

Why don’t the USSCJ discipline rogue judges? Even remove them from the bench?


Article III judges have to be impeached by Congress. SCOTUS doesn’t have that power.
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