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Linda is taking note of the same case on which we offered our opinion, but she thinks Kavanaugh is doing the opposite of what we think Kavanaugh is doing. We can’t both be right.  Eventually we’ll see who’s who or what’s what, as the case may be. But there is much, much more going on with the SCOTUS, and we’re interested in this whole “overturn precedent” issue for reasons of our own having nothing…
We still lean libertarian here at LoS.  Lean. Because ultimately the dream of a world without government is utopian and silly.  The same actually applies to “democracy”, which is why we figure – in the end – monarchy.  But that’s a long discussion. No, this morning we are simply pondering the whole coronavirus thing, and how it all pans out in the longer term.  What have we learned?  Indeed, what have we done? There is…
At this point, it’s a matter of vote counting.  And, looking at the Ramos v. Louisiana opinions, which we just reviewed.  Our judgment that Ramos represented a sign of hope may have been premature. Ramos is about two things.  The first and foremost is….stare decisis.  Ramos overruled a previous SCOTUS decision, Apodaca v. Oregon. For present purposes it doesn’t matter what either case was about or what the cases held.  What is important are…
A criminal defendant finally wins one, unambiguously.  From now on, a jury conviction has to be unanimous.  Ten out of 12 isn’t good enough. And Gorsuch wrote the majority opinion.  And Thomas concurred.  As did Kavanaugh.  All siding with a criminal defendant.  In a significant way, no less. And Alito dissented, joined by Chief Justice Roberts and……Elena Kagan.  That’s an odd grouping. One extremely interesting side issue discussed at length in several of the…
Business as usual in the SCOTUS.  There have been changes in personnel in the five years since our last post with this title. But the results are the same. The burning issue in this case? Whether a dismissal of a Federal Tort Claims Act (“FTCA”) case brought against the federal government bars any other litigation based on the same facts and circumstances. Well, let me get a little lawyerly, in the sense of…
So let’s look a little closer at the cert petition in Farrar. It’s such a threat to do more harm than good we find it hard to believe that’s not the intention. More specifically, it’s a strenuous effort to do – formally and explicitly – exactly what we have argued for years that the SCOTUS should never do: conflate the Brady and Mooney lines of cases. You should follow that link.  But for those…
So the Cole v. Carson case is in progress, with Cole’s brief now due on April 1st.  And now there’s another one, Farrar v. Williams. In Farrar the poor schmuck is the Petitioner, whereas in Cole the government is petitioning.  But Farrar is represented by Hogan & Lovells, one of those firms, you know, and that raises the profile quite a bit. We can be conspiracy minded here at LoS.  If we were so…
Justice Sotomayor complains that the SCOTUS is favoring the government. But see here.  SCOTUS has been heavily favoring the government for many years. We pointed this out in some detail – gosh – more than six years ago.  Called it an “open secret”. What’s the truth here?  We don’t mind Justice Sotomayor especially, but she’s being more than a little disingenuous.  The Justices CNN labels “conservative” have it right.  Trump Derangement Syndrome is…
Some high profile criminal trials and/or cases are driven by that search.  It’s improper, and that’s on the prosecution, but never mind that for now.  The reality is clear enough. So there are two such cases dominating the “news” cycle this week:  the trial of Harvey Weinstein and the post trial proceedings of Roger Stone. It’s a strange drive, if you ask us.  Convictions and stiff sentences will constitute highly emotional validation for the partisans…