SCOTUS

[cradleandshoot]

Abortion is not against "natural law". What the fu*k is a miscarriage? Nature's abortion!

... by the way, where is Cradle when God needs a good dressing down for performing abortions?

Correct. Mother nature is choosing to do it.
A mother intentionally and willfully choosing to abort their kid is against natural law. Against natural phenomena. Taking a viable pregnancy and ending it.

Yes. Keeping premies alive who never would have made it in the times of survival of the fittest (natural law) is against natural law too. So we can pick and choose where we want to interefere, no? Now again it comes back to moral views.

"Yes. Keeping premies alive who never would have made it in the times of survival of the fittest (natural law) is against natural law too."

Do to the recent medical advances a lot of these preemies who would have never survived do survive and become normal happy healthy babies. Damn those mothers for choosing life over death... damn them. There are a flock of lawyers here all pissed off at giving any child a shot at life.

[ggait]

8th Circuit goes "narrow" Legislature for Minnesota post-marked ballots. Hard to keep all these cases straight -- NC, PA, MN, others?

Tell me if this looks like "activist" judging or conservative judging to you:

1. The U.S. constitution basically says state elections for federal offices should be conducted under state rules authorized by the state legislature.
2. MN law says ballots have to be delivered to election counters by election day. So not the mailbox rule.
3. MN law also says that elections generally get run by the MN secy of state.
4. MN law says that the MN legislature delegates rule-making authority to the MN SOS when the MN laws can't be enforced due to state/federal court order.
5. #4 law specifically gives delegated authority to the MN SOS to adopt alternative procedures for voting and handling of ballots after the normal poll closing times.
6. MN SOS got sued by a seniors group asking for MN to use the mailbox rule for 2020 given Covid concerns and also saying the delivery rule was unconstitutional.
7. MN SOS settled that litigation in AUGUST to put the mailbox rule in place, using the authority #4/5 delegated by the MN legislature.
8. The settlement is entered as a court order.
9. Since the August settlement, the MN legislature expresses no objection to using the mailbox rule.
10. Voters have been mailing their ballots leading up to election day, but 600k ballot are still out there unreturned.
11. Long standing SCOTUS precedents say federal courts should not interfere with election rules on the eve of the election.
12. 8th Circuit on Thursday throws out the mailbox rule five days before the election. Because only the "legislature" can set the deadline. But ignores that the "legislature" gave the MN SOS the authority to change the rule under these circumstances.

Seems to me like somebody is reaching to get to a conclusion. Not calling balls and strikes.

Thoughts?

[cradleandshoot]

8th Circuit goes "narrow" Legislature for Minnesota post-marked ballots. Hard to keep all these cases straight -- NC, PA, MN, others?

Tell me if this looks like "activist" judging or conservative judging to you:

1. The U.S. constitution basically says state elections for federal offices should be conducted under state rules authorized by the state legislature.
2. MN law says ballots have to be delivered to election counters by election day. So not the mailbox rule.
3. MN law also says that elections generally get run by the MN secy of state.
4. MN law says that the MN legislature delegates rule-making authority to the MN SOS when the MN laws can't be enforced due to state/federal court order.
5. #4 law specifically gives delegated authority to the MN SOS to adopt alternative procedures for voting and handling of ballots after the normal poll closing times.
6. MN SOS got sued by a seniors group asking for MN to use the mailbox rule for 2020 given Covid concerns and also saying the delivery rule was unconstitutional.
7. MN SOS settled that litigation in AUGUST to put the mailbox rule in place, using the authority #4/5 delegated by the MN legislature.
8. The settlement is entered as a court order.
9. Since the August settlement, the MN legislature expresses no objection to using the mailbox rule.
10. Voters have been mailing their ballots leading up to election day, but 600k ballot are still out there unreturned.
11. Long standing SCOTUS precedents say federal courts should not interfere with election rules on the eve of the election.
12. 8th Circuit on Thursday throws out the mailbox rule five days before the election. Because only the "legislature" can set the deadline. But ignores that the "legislature" gave the MN SOS the authority to change the rule under these circumstances.

Seems to me like somebody is reaching to get to a conclusion. Not calling balls and strikes.

Thoughts?

Maybe what we need is a strong willed POTUS with a pen and a cell phone? All this legal court nonsense can be squared away with one good hearty executive order. Who needs the courts when the nation has the power of an executive order right at its fingertips.

[seacoaster]

8th Circuit goes "narrow" Legislature for Minnesota post-marked ballots. Hard to keep all these cases straight -- NC, PA, MN, others?

Tell me if this looks like "activist" judging or conservative judging to you:

1. The U.S. constitution basically says state elections for federal offices should be conducted under state rules authorized by the state legislature.
2. MN law says ballots have to be delivered to election counters by election day. So not the mailbox rule.
3. MN law also says that elections generally get run by the MN secy of state.
4. MN law says that the MN legislature delegates rule-making authority to the MN SOS when the MN laws can't be enforced due to state/federal court order.
5. #4 law specifically gives delegated authority to the MN SOS to adopt alternative procedures for voting and handling of ballots after the normal poll closing times.
6. MN SOS got sued by a seniors group asking for MN to use the mailbox rule for 2020 given Covid concerns and also saying the delivery rule was unconstitutional.
7. MN SOS settled that litigation in AUGUST to put the mailbox rule in place, using the authority #4/5 delegated by the MN legislature.
8. The settlement is entered as a court order.
9. Since the August settlement, the MN legislature expresses no objection to using the mailbox rule.
10. Voters have been mailing their ballots leading up to election day, but 600k ballot are still out there unreturned.
11. Long standing SCOTUS precedents say federal courts should not interfere with election rules on the eve of the election.
12. 8th Circuit on Thursday throws out the mailbox rule five days before the election. Because only the "legislature" can set the deadline. But ignores that the "legislature" gave the MN SOS the authority to change the rule under these circumstances.

Seems to me like somebody is reaching to get to a conclusion. Not calling balls and strikes.

Thoughts?

Totally agree. “Adventurism” by the federal courts. Institutionally, this is terrible for the courts.

[ggait]

Maybe what we need is a strong willed POTUS with a pen and a cell phone? All this legal court nonsense can be squared away with one good hearty executive order. Who needs the courts when the nation has the power of an executive order right at its fingertips.

Good idea, except for that being unconstitutional under Art. 1, section 4 (which gives the authority over these elections to the states).

So the Constitution tells POTUS to butt out. Most people would think that also means the federal courts should butt out too. Especially five days before the election.

[cradleandshoot]

8th Circuit goes "narrow" Legislature for Minnesota post-marked ballots. Hard to keep all these cases straight -- NC, PA, MN, others?

Tell me if this looks like "activist" judging or conservative judging to you:

1. The U.S. constitution basically says state elections for federal offices should be conducted under state rules authorized by the state legislature.
2. MN law says ballots have to be delivered to election counters by election day. So not the mailbox rule.
3. MN law also says that elections generally get run by the MN secy of state.
4. MN law says that the MN legislature delegates rule-making authority to the MN SOS when the MN laws can't be enforced due to state/federal court order.
5. #4 law specifically gives delegated authority to the MN SOS to adopt alternative procedures for voting and handling of ballots after the normal poll closing times.
6. MN SOS got sued by a seniors group asking for MN to use the mailbox rule for 2020 given Covid concerns and also saying the delivery rule was unconstitutional.
7. MN SOS settled that litigation in AUGUST to put the mailbox rule in place, using the authority #4/5 delegated by the MN legislature.
8. The settlement is entered as a court order.
9. Since the August settlement, the MN legislature expresses no objection to using the mailbox rule.
10. Voters have been mailing their ballots leading up to election day, but 600k ballot are still out there unreturned.
11. Long standing SCOTUS precedents say federal courts should not interfere with election rules on the eve of the election.
12. 8th Circuit on Thursday throws out the mailbox rule five days before the election. Because only the "legislature" can set the deadline. But ignores that the "legislature" gave the MN SOS the authority to change the rule under these circumstances.

Seems to me like somebody is reaching to get to a conclusion. Not calling balls and strikes.

Thoughts?

Totally agree. “Adventurism” by the federal courts. Institutionally, this is terrible for the courts.

Is this adventurism by the federal courts just as terrible if it is done by progressive courts? I'm guessing from the comments by some of the smart people here that that pendulum only swings in one direction? Courts make bad decisions every damn day. If you legal eagles are going to nitpick every damn one of them to death what is the point of having courts in the first place? It does not matter your political preference, no side is going to win every case. Are some of you legal eagles incapable of accepting the fact that even in your world, nobody in your profession views every legal decision the same way you do? It is a very simple and true old axiom... you win some and you lose some. Stop the whining and deal with it. Isn't that what an appeals court is for? Go and restate your case there.

[cradleandshoot]

Maybe what we need is a strong willed POTUS with a pen and a cell phone? All this legal court nonsense can be squared away with one good hearty executive order. Who needs the courts when the nation has the power of an executive order right at its fingertips.

Good idea, except for that being unconstitutional under Art. 1, section 4 (which gives the authority over these elections to the states).

So the Constitution tells POTUS to butt out. Most people would think that also means the federal courts should butt out too. Especially five days before the election.

No disagreement here, let the courts hash it out after the election. IMO it wont matter one way ore the other. Before or after there are people out there that are not going to be happy with the process. You do remember how many democrats were ticked off by Bush v Gore? If it had been decided the other way, the republicans( except for MD lax) would have been just as ticked off. There is no and never will be any legal decision that comes down the pike that will make everybody happy. You only have to watch Judge Judy to understand that.

[njbill]

8th Circuit goes "narrow" Legislature for Minnesota post-marked ballots. Hard to keep all these cases straight -- NC, PA, MN, others?

Tell me if this looks like "activist" judging or conservative judging to you:

1. The U.S. constitution basically says state elections for federal offices should be conducted under state rules authorized by the state legislature.
2. MN law says ballots have to be delivered to election counters by election day. So not the mailbox rule.
3. MN law also says that elections generally get run by the MN secy of state.
4. MN law says that the MN legislature delegates rule-making authority to the MN SOS when the MN laws can't be enforced due to state/federal court order.
5. #4 law specifically gives delegated authority to the MN SOS to adopt alternative procedures for voting and handling of ballots after the normal poll closing times.
6. MN SOS got sued by a seniors group asking for MN to use the mailbox rule for 2020 given Covid concerns and also saying the delivery rule was unconstitutional.
7. MN SOS settled that litigation in AUGUST to put the mailbox rule in place, using the authority #4/5 delegated by the MN legislature.
8. The settlement is entered as a court order.
9. Since the August settlement, the MN legislature expresses no objection to using the mailbox rule.
10. Voters have been mailing their ballots leading up to election day, but 600k ballot are still out there unreturned.
11. Long standing SCOTUS precedents say federal courts should not interfere with election rules on the eve of the election.
12. 8th Circuit on Thursday throws out the mailbox rule five days before the election. Because only the "legislature" can set the deadline. But ignores that the "legislature" gave the MN SOS the authority to change the rule under these circumstances.

Seems to me like somebody is reaching to get to a conclusion. Not calling balls and strikes.

Thoughts?

Totally agree. “Adventurism” by the federal courts. Institutionally, this is terrible for the courts.

Agree. While there are reasons, some better than others, why the decisions in the various states are different, to the public, it looks like the courts are making a bunch of ad hoc, inconsistent decisions. The inconsistency probably makes no sense to many people and is really bad for the integrity of the courts. Hopefully this Minnesota decision will end up being immaterial to the result.

[wgdsr]

8th Circuit goes "narrow" Legislature for Minnesota post-marked ballots. Hard to keep all these cases straight -- NC, PA, MN, others?

Tell me if this looks like "activist" judging or conservative judging to you:

1. The U.S. constitution basically says state elections for federal offices should be conducted under state rules authorized by the state legislature.
2. MN law says ballots have to be delivered to election counters by election day. So not the mailbox rule.
3. MN law also says that elections generally get run by the MN secy of state.
4. MN law says that the MN legislature delegates rule-making authority to the MN SOS when the MN laws can't be enforced due to state/federal court order.
5. #4 law specifically gives delegated authority to the MN SOS to adopt alternative procedures for voting and handling of ballots after the normal poll closing times.
6. MN SOS got sued by a seniors group asking for MN to use the mailbox rule for 2020 given Covid concerns and also saying the delivery rule was unconstitutional.
7. MN SOS settled that litigation in AUGUST to put the mailbox rule in place, using the authority #4/5 delegated by the MN legislature.
8. The settlement is entered as a court order.
9. Since the August settlement, the MN legislature expresses no objection to using the mailbox rule.
10. Voters have been mailing their ballots leading up to election day, but 600k ballot are still out there unreturned.
11. Long standing SCOTUS precedents say federal courts should not interfere with election rules on the eve of the election.
12. 8th Circuit on Thursday throws out the mailbox rule five days before the election. Because only the "legislature" can set the deadline. But ignores that the "legislature" gave the MN SOS the authority to change the rule under these circumstances.

Seems to me like somebody is reaching to get to a conclusion. Not calling balls and strikes.

Thoughts?

what's the mailbox rule? time stamped at usps or drop boxes?

democrats were always playing with fire trying to extend the date at the last minute. imo. cluster was bound to happen.

[ggait]

Is this adventurism by the federal courts just as terrible if it is done by progressive courts? I'm guessing from the comments by some of the smart people here that that pendulum only swings in one direction?

Not at all.

Adventurism can happen on both sides and is not good.

However one side shouts very loudly that (i) adventurism is turrible, (ii) we never adventure, and (iii) the other guys are the biggest adventurers.

And then shouting guy embarks on a big adventure. The worst offender on this, imo, was Scalia.

[ggait]

what's the mailbox rule? time stamped at usps or drop boxes?

"Mailbox" rule means the thing is valid if mailed by the deadline. Like your tax return. Timely filed if mailed on 4/15, even if the IRS doesn't get it until several days later. The mailbox rule is used all the time for lots of things, not just elections.

democrats were always playing with fire trying to extend the date at the last minute. imo. cluster was bound to happen.

In MN, the SOS adopted the mailbox rule in a court approved settlement in AUGUST. Before the voting began.

Even if there's a potential technical issue in MN, the rule was adopted, publicized and relied upon by all sides. So SCOTUS precedent (Purcell) says election rules need to be clear, so federal judges should not monkey with them close to an election.

So the only folks changing the rules at the last minute are the so-called "conservative" judges ignoring precedent.

May not make any difference to the outcome, but it is exactly what "conservative" judges say they don't do.

[njbill]

If you guys really ask nicely, we lawyers can explain the mailbox rule as it applies to court filings.

[DMac]

Frankly, I find the discussion of the workings, goings on, inefficiencies, mutalation, and sliminess of our entire system to be more revolting than the one about abortions. It aint pretty but all in all it's worked out well, all things considered.
(sorry, was just a little too irresistable...think I might start a Raising Daughters thread.....don't think we could deal with that though )
I am glad you got your thread back, ggait....honestly.

[Typical Lax Dad]

Frankly, I find the discussion of the workings, goings on, inefficiencies, mutalation, and sliminess of our entire system to be more revolting than the one about abortions. It aint pretty but all in all it's worked out well, all things considered.
(sorry, was just a little too irresistable...think I might start a Raising Daughters thread.....don't think we could deal with that though )
I am glad you got your thread back, ggait....honestly.

Only democracy I can think of where making it harder to vote is the objective.

[wgdsr]

what's the mailbox rule? time stamped at usps or drop boxes?

"Mailbox" rule means the thing is valid if mailed by the deadline. Like your tax return. Timely filed if mailed on 4/15, even if the IRS doesn't get it until several days later. The mailbox rule is used all the time for lots of things, not just elections.

democrats were always playing with fire trying to extend the date at the last minute. imo. cluster was bound to happen.

In MN, the SOS adopted the mailbox rule in a court approved settlement in AUGUST. Before the voting began.

Even if there's a potential technical issue in MN, the rule was adopted, publicized and relied upon by all sides. So SCOTUS precedent (Purcell) says election rules need to be clear, so federal judges should not monkey with them close to an election.

So the only folks changing the rules at the last minute are the so-called "conservative" judges ignoring precedent.

May not make any difference to the outcome, but it is exactly what "conservative" judges say they don't do.

whoever is in the chair when the music stops wins.

the dates you list are all late. imo. moving to a late voter count counter to legislative call ends up getting you here. contested or overturned. even if you're "settling" something from one group.

if there is a window to have it contested, you're taking your chances up the line. why? because i'm guessing the law/legislature isn't written as:
"the state legislature makes state voter law. but if the sos wants to change anything, it's up to him/her. period."

instead, it's probably written in flowery language with all kinds of outs and interpretations available by the state supreme court and higher.

attorneys get paid good money to author and argue all about this stuff against people that do the same. win some, lose some.

[CU88]

If you guys really ask nicely, we lawyers can explain the mailbox rule as it applies to court filings.

Please explain for us normal joes.

[CU88]

McConnell: ‘We’re going to clean the plate’ on judges.

With Election Day looming, traditions fall by wayside.

Senate Majority Leader Mitch McConnell vowed Friday to continue confirming both U.S. circuit and district court nominees through the lame-duck session and right up to the end of the 116th Congress, which must adjourn Jan. 3.

“We’re going to run through the tape. We go through the end of the year, and so does the president,” McConnell said Friday on the show of conservative radio host Hugh Hewitt. “We’re going to fill the 7th Circuit. And I’m hoping we have time to fill the 1st Circuit as well.”

The seat on the U.S. 7th Circuit Court of Appeals opened up after the Senate elevated Amy Coney Barrett to the Supreme Court in a truncated nomination process that culminated in her confirmation in the Senate on Monday. The other seat, on the 1st Circuit, opened after the death Monday of Juan R. Torruella, 87, who was nominated by President Ronald Reagan.

After the vote on Barrett’s confirmation, McConnell teed up a Nov. 9 vote on the nomination of James Ray Knepp II to be a judge for the Northern District of Ohio. More than two dozen nominations for lifetime appointments remain pending.

After McConnell’s blockade of President Barack Obama’s judicial nominees from 2015 through 2016, and the demise of the 60-vote filibuster threshold for nominees, the president and majority leader have been able to fill most judicial vacancies at will.

The appeals court vacancies McConnell mentioned are the only ones at the circuit court level.

With Election Day only days away, McConnell told Hewitt the GOP’s chances of holding on to the chamber was a “50-50 proposition” and the Kentucky Republican looks to be taking full advantage of the time he may have left in charge in the majority.

During previous presidential election years, senators have invoked the so-called Thurmond Rule, an unwritten agreement that calls for the chamber to stop approving circuit court nominations in the few months before Election Day.

McConnell has not indicated he will be letting up on his tradition-busting push to “leave no vacancy behind,” and Democrats don’t have many options to slow down the proceedings.

“We’re going to clean the plate, clean all the district judges off as well,” McConnell said.


https://www.rollcall.com/2020/10/30/mcc ... lame-duck/

Lets hope the d's have the backbone to unpack the courts.

[kramerica.inc]

Maybe what we need is a strong willed POTUS with a pen and a cell phone? All this legal court nonsense can be squared away with one good hearty executive order. Who needs the courts when the nation has the power of an executive order right at its fingertips.

Good idea, except for that being unconstitutional under Art. 1, section 4 (which gives the authority over these elections to the states).

So the Constitution tells POTUS to butt out. Most people would think that also means the federal courts should butt out too. Especially five days before the election.

So what are your thoughts on Biden wanting to Codify Abortion protections circumventing SCOTUS?

[MDlaxfan76]

Maybe what we need is a strong willed POTUS with a pen and a cell phone? All this legal court nonsense can be squared away with one good hearty executive order. Who needs the courts when the nation has the power of an executive order right at its fingertips.

Good idea, except for that being unconstitutional under Art. 1, section 4 (which gives the authority over these elections to the states).

So the Constitution tells POTUS to butt out. Most people would think that also means the federal courts should butt out too. Especially five days before the election.

So what are your thoughts on Biden wanting to Codify Abortion protections circumventing SCOTUS?

Through legislative action? why not?

How about we pass the ERA?

Equality under the law, irrespective of gender. Why not?

[cradleandshoot]

Maybe what we need is a strong willed POTUS with a pen and a cell phone? All this legal court nonsense can be squared away with one good hearty executive order. Who needs the courts when the nation has the power of an executive order right at its fingertips.

Good idea, except for that being unconstitutional under Art. 1, section 4 (which gives the authority over these elections to the states).

So the Constitution tells POTUS to butt out. Most people would think that also means the federal courts should butt out too. Especially five days before the election.

So what are your thoughts on Biden wanting to Codify Abortion protections circumventing SCOTUS?

Through legislative action? why not?

How about we pass the ERA?

Equality under the law, irrespective of gender. Why not?

"How about we pass the ERA?"

There is a blast from the past. IMO doing so does not change all that much. I believe that womens rights issues have been addressed by the courts since the ERA was put on the shelf. Symbolically it would look good for the country. I believe the biggest issue of equal pay for equal work has largely been decided by the courts. I'm certain there are still many companies that still do not pay women employees equal to male employees.

There could be a possible big plus to all men with the passage of the amendment. Child custody matters are damn near always decided in favor of the mother. If we truly are talking about equal rights that should no longer automatically be the case. I don't know if family court judges would see it that way. It would make for some contentious legal battles where the mother and father differ on which parent could better raise the kids.