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re: Supreme Court Decision Thread - Wednesday, June 29

Posted on 6/29/22 at 9:01 am to
Posted by anc
Member since Nov 2012
18021 posts
Posted on 6/29/22 at 9:01 am to
Oklahoma vs. Castro (Kavanaugh) is first

The Court holds that the federal government and the state have concurrent jurisdiction to prosecute crimes committed by non-Indians against Indians in Indian country.
This post was edited on 6/29/22 at 9:02 am
Posted by rt3
now in the piney woods of Pineville
Member since Apr 2011
141079 posts
Posted on 6/29/22 at 9:01 am to
Oklahoma v. Castro-Huerta

5-4... Kav writes the Opinion of the Court

quote:

Held: The Federal Government and the State have concurrent jurisdic- tion to prosecute crimes committed by non-Indians against Indians in Indian country.


interestingly... Gorsuch writes the dissent joined by the libs
This post was edited on 6/29/22 at 9:04 am
Posted by Tantal
Member since Sep 2012
13925 posts
Posted on 6/29/22 at 9:02 am to
quote:

Will this result in the loss of what some might call good regulations in the area of consumer protection or investment matters?
If they're that great, then Congress can codify them into law. Either that, or just let the states handle it.
Posted by tiger91
In my own little world
Member since Nov 2005
36703 posts
Posted on 6/29/22 at 9:03 am to
Where do you go to in the ruling to see the actual vote/decision? I can’t read much less understand 70 pages.
This post was edited on 6/29/22 at 9:03 am
Posted by MMauler
Member since Jun 2013
19216 posts
Posted on 6/29/22 at 9:03 am to
quote:

In sitting here trying to come up with what would be a possible compromise decision on WV vs EPA and am struggling how the court could put forth a narrow decision on this that doesn't majorly hamper the administrative state.



Keep Chevron firmly in place.

Limit the ruling strictly to the West Virginia v. EPA case.

Much like what Roberts wanted to do with Dobbs.

You could look for Thomas and Alito to concur in result but file concurring opinions arguing that the opinion shouldn't be limited.
Posted by rt3
now in the piney woods of Pineville
Member since Apr 2011
141079 posts
Posted on 6/29/22 at 9:04 am to
quote:

Where do you go to in the ruling to see the actual vote/decision? I can’t read much less understand 70 pages.

go to the end of the syllabus and it says who wrote the Opinion and who joined it

that's essentially your vote... along with those who concurred

ETA: in the case just released... the vote is on page 3 of the PDF
This post was edited on 6/29/22 at 9:06 am
Posted by tiger91
In my own little world
Member since Nov 2005
36703 posts
Posted on 6/29/22 at 9:05 am to
Thanks rt.
Posted by MMauler
Member since Jun 2013
19216 posts
Posted on 6/29/22 at 9:05 am to
quote:

Where do you go to in the ruling to see the actual vote/decision? I can’t read much less understand 70 pages.



Typically where it starts with Held: in the Summary.
Posted by PsychTiger
Member since Jul 2004
98855 posts
Posted on 6/29/22 at 9:05 am to
quote:

The Court holds that the federal government and the state have concurrent jurisdiction to prosecute crimes committed by non-Indians against Indians in Indian country.


This would have been such a help to Longmire, alas, that show is over.
Posted by rt3
now in the piney woods of Pineville
Member since Apr 2011
141079 posts
Posted on 6/29/22 at 9:06 am to
quote:

This would have been such a help to Longmire, alas, that show is over.

what about Yellowstone?
Posted by Gideon Swashbuckler
Member since Sep 2019
5777 posts
Posted on 6/29/22 at 9:06 am to
Seems like the court, with this case, is being careful not to tread on the rights of Indian land.

Will they stay the course and not tread on the State of WV vs EPA?
Posted by Bard
Definitely NOT an admin
Member since Oct 2008
51526 posts
Posted on 6/29/22 at 9:06 am to
quote:

Is there a limit on how many wrongs to be righted?


With Swampers? Absolutely. You can't have too much change which reimposes restrictions on federal powers too quickly, otherwise you'll be run out of DC as a radical.

The saving grace here is that November is going to be the reddest of waves due primarily to the ongoing economic clusterfrick that are Biden's domestic economic and energy policies. What I mean by that is that if Dems looked to retain both chambers in November, then such a ruling (especially when combined with Roe) might well elicit the long-threatened court-packing.



With the House definitely and the Senate possibly turning red, that no longer needs to be a concern.

Posted by PsychTiger
Member since Jul 2004
98855 posts
Posted on 6/29/22 at 9:08 am to
quote:

what about Yellowstone?


Haven't gotten to that one yet, but will in the future as time permits. Stupid work interfering with my TV viewing.
Posted by Malik Agar
Member since Nov 2012
12076 posts
Posted on 6/29/22 at 9:10 am to
Gorsuch dissents are always so spicy
Posted by rt3
now in the piney woods of Pineville
Member since Apr 2011
141079 posts
Posted on 6/29/22 at 9:10 am to
damn... that Oklahoma case seems more contentious that I thought... Gorsuch didn't end his dissent with "I respectfully dissent" or even "I dissent"
Posted by Diamondawg
Mississippi
Member since Oct 2006
32220 posts
Posted on 6/29/22 at 9:10 am to
quote:

If not, then all EOs are in play for challenge too, no?


As they should be. You shouldn't be able declare everything to be an emergency and declare that an EO is needed to have someone take out the garbage. To me, EOs should have very limited scope and maybe even a mandatory expiration date. Once the "emergency" is over, send the EO to congress and let the proper branch of government govern.
Posted by rt3
now in the piney woods of Pineville
Member since Apr 2011
141079 posts
Posted on 6/29/22 at 9:11 am to
With R-numbers... so we have 2 more for tomorrow

Torres v. Texas Department of Public Safety

written by Breyer... 5-4 with Roberts & Kav joining the libs in the majority

quote:

Held: By ratifying the Constitution, the States agreed their sovereignty would yield to the national power to raise and support the Armed Forces. Congress may exercise this power to authorize private dam- ages suits against nonconsenting States, as in USERRA. Pp. 3–16.
This post was edited on 6/29/22 at 9:13 am
Posted by anc
Member since Nov 2012
18021 posts
Posted on 6/29/22 at 9:11 am to
Torres v. Texas Department of Public Safety

and we are done for the day.
Posted by wickowick
Head of Island
Member since Dec 2006
45802 posts
Posted on 6/29/22 at 9:12 am to
frick
Posted by GumboPot
Member since Mar 2009
118729 posts
Posted on 6/29/22 at 9:12 am to
quote:

and we are done for the day.
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