SCOTUS Catch-all |

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Even if that's true, it has nothing to do with your mischaracterization of her disagreement with the majority. Can we expect a comment from you here anytime a justice writes something that is "rife with emotion"? Or are you reserving that critique only for the liberal women?
For the record, it's only you and superrific who are bringing race and sex into this discussion.

I'm talking about the content of what was written. I don't care about melanin, chromosomes or genitals.
 
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For the record, it's only you and superrific who are bringing race and sex into this discussion.

I'm talking about the content of what was wrote. I don't care about melanin, chromosomes or genitals.
KBJ's dissent is 14 pages. You quoted two sentences from her conclusion. Here's the entire two-paragraph conclusion. Posting this so we can all determine for ourselves if KBJ's dissent -- or even the conclusion of her dissent -- is "rife with emotion," and if it's not, what possible reason you might have for saying that.

______________________________

Given the fact-based nature of the issue in this case and the many serious harms that result from allowing the President to dramatically reconfigure the Federal Government, it was eminently reasonable for the District Court to maintain the status quo while the courts evaluate the lawfulness of the President’s executive action. At bottom, this case is about whether that action amounts to a structural overhaul that usurps Congress’s policymaking prerogatives—and it is hard to imagine deciding that question in any meaningful way after those changes have happened. Yet, for some reason, this Court sees fit to step in now and release the President’s wrecking ball at the outset of this litigation.

In my view, this decision is not only truly unfortunate but also hubristic and senseless. Lower court judges have their fingers on the pulse of what is happening on the ground and are indisputably best positioned to determine the relevant facts—including those that underlie fair assessments of the merits, harms, and equities. I see no basis to conclude that the District Court erred—let alone clearly so—in finding that the President is attempting to fundamentally restructure the Federal Government. Therefore, I would not disrupt the lower courts’ preservation of the status quo. Instead, I would leave intact their protection of the historical relationship between Congress and the President, preventing irreparable harm to the plaintiffs and the public while the Judiciary does the critical work of evaluating this exercise of power.
 
KBJ's dissent is 14 pages. You quoted two sentences from her conclusion. Here's the entire two-paragraph conclusion. Posting this so we can all determine for ourselves if KBJ's dissent -- or even the conclusion of her dissent -- is "rife with emotion," and if it's not, what possible reason you might have for saying that.

______________________________

Given the fact-based nature of the issue in this case and the many serious harms that result from allowing the President to dramatically reconfigure the Federal Government, it was eminently reasonable for the District Court to maintain the status quo while the courts evaluate the lawfulness of the President’s executive action. At bottom, this case is about whether that action amounts to a structural overhaul that usurps Congress’s policymaking prerogatives—and it is hard to imagine deciding that question in any meaningful way after those changes have happened. Yet, for some reason, this Court sees fit to step in now and release the President’s wrecking ball at the outset of this litigation.

In my view, this decision is not only truly unfortunate but also hubristic and senseless. Lower court judges have their fingers on the pulse of what is happening on the ground and are indisputably best positioned to determine the relevant facts—including those that underlie fair assessments of the merits, harms, and equities. I see no basis to conclude that the District Court erred—let alone clearly so—in finding that the President is attempting to fundamentally restructure the Federal Government. Therefore, I would not disrupt the lower courts’ preservation of the status quo. Instead, I would leave intact their protection of the historical relationship between Congress and the President, preventing irreparable harm to the plaintiffs and the public while the Judiciary does the critical work of evaluating this exercise of power.
Yep... lots of feelings.

Whether or not an Executive Action is Constitutional/legal isn't about "taking wrecking balls" to anything or having their "fingers on the pulse of what is happening on the ground", etc.
 
For those just tuning in, ZenMode is again lying. It was not an 8-1 decision. There were five who voted for, and one who voted against. That is all we know.

Also, district courts are the primary fact finders in our legal system, so on that point too he is lying. I'm not going to respond to his bullshit anymore. Just remember, this man is a liar and a fool.
 

Think the issue taken with class actions is that there are many more hoops to jump through than an injunction. Is there a sweet spit in the middle?

With that said, if an injunction was not possible, who would have set up a class action against Biden’s student loan relief? Curious how that would even go. Relief from what harm?
 
Think the issue taken with class actions is that there are many more hoops to jump through than an injunction. Is there a sweet spit in the middle?

With that said, if an injunction was not possible, who would have set up a class action against Biden’s student loan relief? Curious how that would even go. Relief from what harm?
This article suggests that sweet spot may be an injunction preceding (but in anticipation of) certifying the class …
 
This article suggests that sweet spot may be an injunction preceding (but in anticipation of) certifying the class …
That’s right. I was skeptical courts would do that, as I’ve never seen it done in a class action and I don’t think the rules specifically allow it, but that’s what the Rhode Island judge did. And if that becomes acceptable practice, then the recent SCOTUS case will likely end up being more about form than substance.
 
That’s right. I was skeptical courts would do that, as I’ve never seen it done in a class action and I don’t think the rules specifically allow it, but that’s what the Rhode Island judge did. And if that becomes acceptable practice, then the recent SCOTUS case will likely end up being more about form than substance.
It's been done before. Isn't that what a "putative class" is?
 

The Coward Court strikes again, this time to allow Executive branch to dismantle the Dept of Education. Who cares about Congressional authority and separation of powers? Not the cowed Roberts bunch, that's obvious. This is not a surprise, but still worthy of widespread disdain....
I seem to recall them enjoining a student loan forgiveness program because it exceeded Congressional authorization. It wasn't that long ago. Now, apparently, Congressional intent doesn't matter.
 
It's been done before. Isn't that what a "putative class" is?
Sure. I just don’t recall injunctions being issued on behalf of a putative class. I’m not saying it hasn’t happened. I’m sure it has. But most class actions before now don’t involve the types of claims that necessitate an injunction.
 
This is just ridiculous. The whole point of the judicial system is to make sure there are checks and balances and a separation of power between the branches of government. Might as well not even have a judicial and legislative branch now.
 
That’s right. I was skeptical courts would do that, as I’ve never seen it done in a class action and I don’t think the rules specifically allow it, but that’s what the Rhode Island judge did. And if that becomes acceptable practice, then the recent SCOTUS case will likely end up being more about form than substance.
The rules don't disallow it. The all-writs act supports it.
 
This is just ridiculous. The whole point of the judicial system is to make sure there are checks and balances and a separation of power between the branches of government. Might as well not even have a judicial and legislative branch now.

That is sort of my whole point with the "Coward Court" thing... Johnny Bob and Coney (and to some extent Cavabro) all are quite aware that Trump would ignore any contrary ruling and there is no legislative branch willing to stand up to this regime either...

So they kick the can down the road as best they can (see above discussion by Super/LawTig as another perfect example of it) and hope to preserve whatever "power" they still can claim until circumstances change.

They will bow when they know they must and avoid as many real decisions as they can in the interim. That is the "centrist" in the current Chief Justice -- while Clayton Bigsby, SamIAm et al are going to ride this wave as hard as they possibly can.

That's my positive spin on it anyway, just as likely there are 6 people of the 9 who wear white hoods at home, little could surprise me anymore
 
This is just ridiculous. The whole point of the judicial system is to make sure there are checks and balances and a separation of power between the branches of government. Might as well not even have a judicial and legislative branch now.
Imagine being a high school civics or AP US Government teacher right now and still being required to teach students about our system of checks and balances and separation of powers as if they still actually existed. We're rapidly reaching the point at which what kids are being taught in class about our government and how it is currently functioning (or malfunctioning) have no connection to one another - what is being taught in class is basically fiction and not connected to reality.
 
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For those just tuning in, ZenMode is again lying. It was not an 8-1 decision. There were five who voted for, and one who voted against. That is all we know.

Also, district courts are the primary fact finders in our legal system, so on that point too he is lying. I'm not going to respond to his bullshit anymore. Just remember, this man is a liar and a fool.
And he's on Super Ignore therefore I have no idea what lies he's telling now. But, I do know him to be a liar - and a fool.
 
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