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@robertstadler.bsky.social
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Does the AG of Missouri count as a real lawyer? For that matter, does SCOTUS still count as an actual court?
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robertstadler.bsky.social@robertstadler.bsky.social |
21 followers 21 following 146 posts
Wrong, but not contumacious. He/ him
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@robertstadler.bsky.social
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Does the AG of Missouri count as a real lawyer? For that matter, does SCOTUS still count as an actual court?
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@robertstadler.bsky.social
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They wanted a headline. They got a headline.
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@robertstadler.bsky.social
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Did he not raise the issue in this case? I think he did in at least some of his cases, but I don't remember whether this was one of them.
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@robertstadler.bsky.social
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Some of the evidence used at trial may be covered by SCOTUS's newly-invented "Presidential Immunity." They said that official acts can't even be used as evidence, and they gave no tools to determine what is or isn't an official act.
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@robertstadler.bsky.social
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I was expecting them to invent some bullshit 3-part test for whether an act falls under the president's official duties. This would have the effect of delaying Trump's trials until after the election, but not making all presidents above the law forever.
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@robertstadler.bsky.social
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I don't know if that conviction can stand. It depended on evidence which SCOTUS has just said might be protected by their new atextual Presidential Immunity doctrine.
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@robertstadler.bsky.social
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Not if they value their health.
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@robertstadler.bsky.social
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SCOTUS prefers the term "gratuity."
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@robertstadler.bsky.social
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There was a big break starting with the Gingrich revolution in 1995. But yeah, McConnell made it much worse.
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@robertstadler.bsky.social
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No, SCOTUS has been pretty consistent in legitimizing corruption on a bipartisan basis these last couple decades.
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@robertstadler.bsky.social
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Why wait that long?
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@robertstadler.bsky.social
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When Will Rogers said that, Democrats were really 2 separate parties. Now that the Dixiecrats have joined the GOP, it's not really true the same way.
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@robertstadler.bsky.social
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Because it would be a mixed decision, and because it would prevent Trump from being tried during the relevant time period, it would absolutely distract people from a hard-to-understand decision about regulatory authority.
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@robertstadler.bsky.social
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Right now it seems likely that SCOTUS will invent some 3-part test for whether something is an official act to which immunity would apply, and then send it back to the original court to analyze the case under that test. This will have the effect of delaying Trump's trials past the election.
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@robertstadler.bsky.social
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That only applies to SCOTUS. There are actual rules for judges on lower courts.
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@robertstadler.bsky.social
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Or we should take that as evidence in favor of the practicability of geoengineering, and stop tabooing the concept. Yes, we still need to dramatically reduce carbon emissions, but that doesn't seem as though it's going to be enough.
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@robertstadler.bsky.social
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Yeah. Consider how this reasoning would have applied to FDR's New Deal with the Lochner court.
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@robertstadler.bsky.social
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One of the factors for whether something falls into the category of "fair use" is how the use affects commercial markets for the original. If similar uses typically require paid license agreements, then this use is implicitly less fair.
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@robertstadler.bsky.social
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That's fair for SCOTUS, but then lower courts are obliged to apply the new precedents in some sort of sensible way. Lower courts are required to take originalism seriously, no matter how little it deserves that respect.
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@robertstadler.bsky.social
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We don't need to forgive her for past decisions. But if she moderates for future decisions, that leaves us closer to sanity.
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@robertstadler.bsky.social
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Souter was a Republican appointee, but it would be a stretch to call him conservative.
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@robertstadler.bsky.social
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In fairness, not one of the more successful emperors.
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@robertstadler.bsky.social
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I think everyone knows it was the witness's lawyer, but the judge wants to have Steel say that out loud.
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@robertstadler.bsky.social
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But it's ok - we have a transcript of the hearing! No, you're not allowed to see the transcript. Especially not before cross-examining the witness tomorrow.
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@robertstadler.bsky.social
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Wait, I haven't been following this case. Don't we have a specific SCOTUS precedent saying that they can't?
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@robertstadler.bsky.social
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From my understanding, no. The jury was on a lunch break that went a couple hours longer than planned because of this.
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@robertstadler.bsky.social
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I think Steel is being represented here by his wife.
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@robertstadler.bsky.social
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Criminal contempt is punitive, for when someone does something like start shouting obscenities in court. Civil contempt is coercive - it's "We're going to jail or fine you until you cooperate." In this case, the judge explicitly called it criminal contempt, but "purging" is for civil.
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@robertstadler.bsky.social
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I was confused about this. Because the judge explicitly labeled it as criminal contempt, but that didn't seem to fit.
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@robertstadler.bsky.social
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I see a frowny face.
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@robertstadler.bsky.social
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The normalization of political violence is an important step on the road to fascism.
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@robertstadler.bsky.social
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Apparently his license was restored, and only a clerical error had caused it to appear to still be suspended.
bsky.app/profile/radl...
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@robertstadler.bsky.social
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SCOTUS is probably going to invent some 3-part test to determine whether a particular alleged crime was an official act as President. But it would strain credulity even for them to say that falsifying business records to conceal hush money payoffs was part of the office of the Presidency.
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@robertstadler.bsky.social
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Unfortunately, SCOTUS has largely legalized bribery.
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@robertstadler.bsky.social
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Please tell me that's because the intent is to force the meeting to be short.
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@robertstadler.bsky.social
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Is that true even if the felony conviction is from a different state? Is it true while the conviction is under appeal (as it certainly would be in this case)?
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@robertstadler.bsky.social
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Democrats got a decent amount done in Biden's first 2 years with a tiny majority, but it certainly didn't help they they were limited by Manchin and Sinema.
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@robertstadler.bsky.social
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So, should we have you drug tested?
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@robertstadler.bsky.social
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Ok, but what about "next _of_ friend?"
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@robertstadler.bsky.social
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I was surprised that closing statements are presented in that order when I first learned about it, in 9th grade. It's a shame that Trump lacks the benefits of a high school education.
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@robertstadler.bsky.social
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Is the VRA still good law? SCOTUS has chopped so many holes in it that it might not really constrain states much anymore. It's a shame that the authors of the Fifteenth Amendment didn't think to add a clause that "The Congress shall have power to enforce this article by appropriate legislation." /s
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@robertstadler.bsky.social
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In a sense, it's the most efficient approach, at least.
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@robertstadler.bsky.social
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I know that if a party attacks the judge after she's been assigned to the case, that's not grounds for recusal. If the defendant attacks the judge before she's been assigned the case, is that different?
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@robertstadler.bsky.social
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There are a bunch of states which would be improved by federal probes.
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@robertstadler.bsky.social
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Unfortunately, you misspell Mike Dunford's name repeatedly in your article.
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@robertstadler.bsky.social
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I agree with the judge here that QI has no basis in law, but I thought that only SCOTUS can reverse this sort of binding precedent. Lower-level judges are obliged to follow even blatantly wrong precedents.
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@robertstadler.bsky.social
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My pet peeve is judicial elections. The main thing we need from the lowest level of judges (i.e. not various appellate courts) is technical skill at handling cases. I know more than most non-lawyers about legal matters, but I still have no reasonable way to assess candidates' jurisprudential skills.
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@robertstadler.bsky.social
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The good news is that Trump doesn't stay bought. The bad news is that he can be bought very cheaply. Or maybe it's all bad news. I dunno.
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@robertstadler.bsky.social
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The advantage of that approach is that you get to spend more time on the parts that are more important to know (the Vietnam War has more current relevance than the Spanish-American). The disadvantage is that if the students don't already have some background knowledge, they may get confused.
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@robertstadler.bsky.social
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Do you know how many Republicans blame Obama for the 2008 financial crisis?
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