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Posted: 2/21/2019 12:23:52 PM EDT
@Sylvan
As discussed in this thread. Quoted:
Since MacDonald and Heller, blue states have been banning everything they can and SCOTUS doesn't give a fuck. LIberals and conservatives came together in this case because it was a heroin dealer and asset forfeiture is bullshit. the liberals wanted to support heroin dealers and any other criminal they can. conservatives wanted due process. that alignment will NOT be repeated in support of gun owners GUARANFUCKINGTEED. I will predict over 80% of future 5-4 decisions will be roberts siding with the communists. want to go against that? Quoted:
Quoted:
OK, so now it's 80% of 5-4, 6-3, 7-2 and 8-1 decisions? That really adjusts the odds in your favor compared to your original claim. I'm calling another goal post repositioning penalty. Do you count concurrences? What if Roberts agrees with the 4 lefties in the judgement but writes or joins a concurrence? Roberts is a liberal on the court. Full stop. I guess coming from the state that gave us Senator SNL I can understand the problems in defining what is liberal. Quoted:
Quoted:
Great. I disagree that what is written doesn't matter (see Thomas and Gorsuch concurrences in the Timbs decision yesterday) but just counting votes does make it more objective. I'm not here to establish my conservative bona fides. This is just a fun little exercise to see if you're right on how Robert's behaves as the Court's new swing vote. Tag me in June when the term is done and we'll count up the votes between now and then. Stats on last year's 5-4 decisions. While we're waiting, other fun SCOTUS stats. can be found here. 
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Posted: 2/21/2019 12:29:16 PM EDT
[#1]
Sweet stats.
Lets see how it goes with Kennedy gone. |
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Posted: 2/21/2019 12:31:34 PM EDT
[#2]
On his best day, Roberts has been a grave disappointment.
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Posted: 2/21/2019 12:34:54 PM EDT
[#3]
I hope he will start leaning more conservatively...
Ideally we'll get a new justice this year. |
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Posted: 2/21/2019 12:37:05 PM EDT
[#4]
Quote HistoryQuoted:
I hope he will start leaning more conservatively... Ideally we'll get a new justice this year. 5-4 or 6-3 doesn't matter. but when the chips are down and its a big case. He is going to go liberal. Obamacare is a great example. I don't even think he will be as much a swing vote as Kennedy. |
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Posted: 2/21/2019 12:39:28 PM EDT
[#5]
Being the swing vote means you have the most power and influence. He strikes me as being more interested in that than any ideology.
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Posted: 2/21/2019 12:40:47 PM EDT
[#6]
Quote HistoryQuoted:
Being the swing vote means you have the most power and influence. He strikes me as being more interested in that than any ideology. |
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Posted: 2/21/2019 12:42:36 PM EDT
[#7]
A more detailed set of justice agreement stats from last year.
The 5-4 decisions are on the last page. |
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Posted: 2/21/2019 1:05:23 PM EDT
[#8]
Quote HistoryQuoted:
On his best day, Roberts has been a grave disappointment. wondering if soros has pics of him sucking monkey dicks or something WTF |
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Posted: 2/21/2019 2:36:13 PM EDT
[#9]
Excerpt from my link above:
 Attached FileRoberts' vote would have had to have been different in roughly a dozen 5-4 cases last year to hit 80% agreement with the liberals. I suppose I have to concede that Roberts was not as conservative as he should have been last year, like Alito and Gorsuch were, if the bar is set at 80% agreement with Thomas. 
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Posted: 2/21/2019 2:59:01 PM EDT
[#10]
Here's a fun one from last year.
The Supreme Court’s Biggest Decisions in 2018 Anyone here think Roberts was wrong writing an opinion joined by the four communists of the apocalypse in Carpenter v. US? |
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Posted: 2/21/2019 3:03:20 PM EDT
[#11]
Quote HistoryQuoted:
Here's a fun one from last year. The Supreme Court's Biggest Decisions in 2018 Anyone here think Roberts was wrong writing an opinion joined by the four communists of the apocalypse in Carpenter v. US? A lot of people would shit if they saw how many times Scalia joined with the liberals on issues like this. |
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Posted: 2/21/2019 3:12:48 PM EDT
[#12]
I believe he is compromised.
Txl |
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Posted: 2/21/2019 3:50:15 PM EDT
[#13]
Quote HistoryQuoted:
Not on that one. A lot of people would shit if they saw how many times Scalia joined with the liberals on issues like this. Quote HistoryQuoted:
Quoted:
Here's a fun one from last year. The Supreme Court's Biggest Decisions in 2018 Anyone here think Roberts was wrong writing an opinion joined by the four communists of the apocalypse in Carpenter v. US? A lot of people would shit if they saw how many times Scalia joined with the liberals on issues like this. Here's a link to the justice agreement stats from the last full term (June, 2015) with Justice Scalia on the bench. |
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Posted: 2/21/2019 5:04:44 PM EDT
[#14]
Quote HistoryQuoted:
Reading + comprehension is hard. Here's a link to the justice agreement stats from the last full term (June, 2015) with Justice Scalia on the bench. cops can do no wrong in his eyes |
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Posted: 2/22/2019 12:35:54 PM EDT
[#15]
I bet Roberts can't wait till Trump appoints Amy C Barrett. That will take the pressure off of him. He acts like a compromised man.
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Posted: 2/22/2019 12:42:29 PM EDT
[#16]
Quote HistoryQuoted:
Had Scalia been on the court, I suspect the decision which spawned this discussion would be 8-1. cops can do no wrong in his eyes Quote HistoryQuoted:
Quoted:
Reading + comprehension is hard. Here's a link to the justice agreement stats from the last full term (June, 2015) with Justice Scalia on the bench. cops can do no wrong in his eyes 
Stop. Just stop. https://en.wikipedia.org/wiki/Kyllo_v._United_States https://en.wikipedia.org/wiki/Florida_v._Jardines And many others. |
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Posted: 2/22/2019 12:43:48 PM EDT
[#17]
I am VERY WORRIED about Roberts.
We'll see...………….. |
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Posted: 2/22/2019 12:44:23 PM EDT
[#18]
Quote HistoryQuoted:
Stop. Just stop. https://en.wikipedia.org/wiki/Kyllo_v._United_States https://en.wikipedia.org/wiki/Florida_v._Jardines And many others. |
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Posted: 2/22/2019 12:48:52 PM EDT
[#19]
Quote HistoryQuoted:
A more detailed set of justice agreement stats from last year. The 5-4 decisions are on the last page. We'll see...……….. |
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Posted: 2/22/2019 12:51:21 PM EDT
[#20]
Quote HistoryQuoted:
That is why I am holding out some hope still...….I saw that chart at the SCOTUS blog recently. We'll see...……….. Kennedy managed to neuter Heller to the point of irrelevance while finding a magical constitutional right to gay marriage (excuse me "dignity") |
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Posted: 2/22/2019 12:54:06 PM EDT
[#21]
Quote HistoryQuoted:
And many more proving my point. Hudson for example. Quote HistoryQuoted:
Quoted:
Stop. Just stop. https://en.wikipedia.org/wiki/Kyllo_v._United_States https://en.wikipedia.org/wiki/Florida_v._Jardines And many others. That a significant portion of his jurisprudence shows him favoring restraint of police power (and not just police; see, e.g., his dissent in Maryland v. Craig, dissent here) contradicts your statement that he felt that police "could do no wrong," which would only be supported if he consistently ruled that way - which he did not. At worst you can say that his record on the subject was mixed. He was wrong in Hudson, just as he was wrong in Raich. |
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Posted: 2/22/2019 12:55:44 PM EDT
[#22]
Quote HistoryQuoted:
Your point was that police "could do no wrong" in Scalia's eyes. That a significant portion of his jurisprudence shows him favoring restraint of police power (and not just police; see, e.g., his dissent in Maryland v. Craig, dissent here) contradicts your statement that he felt that police "could do no wrong," which would only be supported if he consistently ruled that way - which he did not. At worst you can say that his record on the subject was mixed. He was wrong in Hudson, just as he was wrong in Raich. |
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Posted: 2/22/2019 1:11:46 PM EDT
[#23]
Quote HistoryQuoted:
Indeed we will. Kennedy managed to neuter Heller to the point of irrelevance while finding a magical constitutional right to gay marriage (excuse me "dignity") Quote HistoryQuoted:
Quoted:
That is why I am holding out some hope still...….I saw that chart at the SCOTUS blog recently. We'll see...……….. Kennedy managed to neuter Heller to the point of irrelevance while finding a magical constitutional right to gay marriage (excuse me "dignity") Greater chance he goes mostly libtard IMHO. |
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Posted: 2/25/2019 10:03:50 AM EDT
[#24]
Quote HistoryQuoted: Me thinks the lawyer doth protest too much. Obviously he isn't 100% of anything. But Scalia was famous for his deferring to police even in the most egregious cases. Do you agree or disagree that Scalia would be the one justice to depart from the 9-0 in this particular case? Scalia would have filed his own concurrence, concurring in the judgment (similar to what Thomas did), not the majority opinion. It still would have been 9-0. Most people see 9-0 and think "unanimous" but it's only really unanimous if all Justices join the majority, which did not happen here. |
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Posted: 2/25/2019 10:07:48 PM EDT
[#25]
Another almost 9-0 issued today.
Yovino v. Rizo A nice final jab to the judge who said the Supreme Court “can’t catch ‘em all”. https://www.scotusblog.com/2019/02/one-new-grant-and-a-9th-circuit-rebuke/ |
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Posted: 2/25/2019 10:34:09 PM EDT
[#26]
academia is so ridiculously dominated by women its farcical to think any pay differential was on the basis of sex.
but the esteemed justices of the 9th saw otherwise. shocking. |
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Posted: 2/25/2019 10:57:15 PM EDT
[#27]
Quote HistoryQuoted:
academia is so ridiculously dominated by women its farcical to think any pay differential was on the basis of sex. but the esteemed justices of the 9th saw otherwise. shocking. |
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Posted: 2/25/2019 11:19:25 PM EDT
[#28]
Quote HistoryQuoted:
The pay differential was based on past salaries, at least according to the California county where this case got started. |
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Posted: 2/25/2019 11:53:49 PM EDT
[#29]
I think we are ok,
Just like on the left anybody to the right or Marx is a full blown Nazi, anybody to the left of repeal of the NFA is a liberal. I do contend that just like much of the Bush Legacy, Roberts overall is a failure to solidify the conservative block in the SC, but then again Bush was not a conservative and we elected so we got what we voted for. having another Kennedy type figure on the court is not the end of the world considering that Kennedy was replaced with a Potential conservative. I think Trump will win reelection and will have the opertunity to replace Thomas and RBG. I think we ultimately win with RGB's replacement as her replacement will be far more conservative, but in regards to Thomas, I think it will be hard to get somebody as conservative as him. I think we win in NY, I think we can then use to spot fix alot of the BS in liberal states |
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Posted: 2/26/2019 1:50:49 AM EDT
[#30]
Quote HistoryQuoted:
IF we replace an actual liberal with a conservative, then I think he votes more conservative. 5-4 or 6-3 doesn't matter. but when the chips are down and its a big case. He is going to go liberal. Obamacare is a great example. I don't even think he will be as much a swing vote as Kennedy. Quote HistoryQuoted:
Quoted:
I hope he will start leaning more conservatively... Ideally we'll get a new justice this year. 5-4 or 6-3 doesn't matter. but when the chips are down and its a big case. He is going to go liberal. Obamacare is a great example. I don't even think he will be as much a swing vote as Kennedy. I read an article in the paper the other day discussing how news articles were essentially targeting him on account of his aforementioned tendencies and claimed that it helped him to switch his vote. Not sure how much truth is in there, but it sounds totally plausible. I think Kavanaugh during oral arguments is showing an excessive deference to precedent, although he did say that's how he'd be, so maybe he was telling the truth rather than just telling the Senators what he thought they wanted to hear. |
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Posted: 2/26/2019 8:34:52 AM EDT
[#31]
Quote HistoryQuoted: I think he cares far more about his idea of the prestige of the court, his legacy and how he'll be viewed in the future, and democratic will than the law. AFAIK he doesn't even claim to be an orginalist or anything similar, either. I read an article in the paper the other day discussing how news articles were essentially targeting him on account of his aforementioned tendencies and claimed that it helped him to switch his vote. Not sure how much truth is in there, but it sounds totally plausible. I think Kavanaugh during oral arguments is showing an excessive deference to precedent, although he did say that's how he'd be, so maybe he was telling the truth rather than just telling the Senators what he thought they wanted to hear. Fucking Sotomayor was praising Heller and how it was "established law". Yeah, right. If nominated by a democrat, they are communist activists. If nominated by a republican, they might be communist activists. |
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Posted: 3/1/2019 4:51:34 PM EDT
[#32]
Bloomberg is in your camp, Sylvan!
https://www.bloomberg.com/news/articles/2019-03-01/hold-the-revolution-roberts-keeps-joining-high-court-liberals Click To View Spoiler |
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Posted: 3/1/2019 5:11:11 PM EDT
[#33]
Looks like he is a solid conservative, until it matters.
Obamacare, Abortion, Border security, he is alllllllllllllllllllllllllllll liberal. funny how that works. As for this... “People need to know that we’re not doing politics,” Roberts said last month in Nashville. “They need to know that we’re doing something different, that we’re applying the law.” Thats a bold faced fucking lie and NO ONE believes it anymore. But I guess thats an excuse for being the Souter of the 21st century. |
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Posted: 3/1/2019 5:30:11 PM EDT
[#34]
A wrinkle in our standard of review, what to do with a 5-3 decision where Roberts joins the liberals?
MADISON v. ALABAMA KAGAN, J., delivered the opinion of the Court, in which ROBERTS, C. J., and GINSBURG, BREYER, and SOTOMAYOR, JJ., joined. ALITO, J., filed a dissenting opinion, in which THOMAS and GORSUCH, JJ., joined. KAVANAUGH, J., took no part in the consideration or decision of the case. Vernon Madison killed a police officer in 1985 during a domestic dispute. An Alabama jury found him guilty of capital murder, and the trial court sentenced him to death. He has spent most of the ensuing decades on the State’s death row. In recent years, Madison’s mental condition has sharply deteriorated. Madison suffered a series of strokes, including major ones in 2015 and 2016. See Tr. 19, 46–47 (Apr. 14, 2016). He was diagnosed as having vascular dementia,with attendant disorientation and confusion, cognitive impairment, and memory loss. See id., at 19–20, 52–54. In particular, Madison claims that he can no longer recollect committing the crime for which he has been sentenced to die. 
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Posted: 3/1/2019 5:49:53 PM EDT
[#35]
Yeah, I think that goes into one for me camp.
I appreciate you giving me the benefit of the doubt on a 5-3. Had it been 4-4 the decision of the lower court would have stood as I understand it so Roberts was the deciding vote, agreed? |
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Posted: 3/1/2019 5:57:41 PM EDT
[#36]
Quote HistoryQuoted: I think he cares far more about his idea of the prestige of the court, his legacy and how he'll be viewed in the future, and democratic will than the law. AFAIK he doesn't even claim to be an orginalist or anything similar, either. I read an article in the paper the other day discussing how news articles were essentially targeting him on account of his aforementioned tendencies and claimed that it helped him to switch his vote. Not sure how much truth is in there, but it sounds totally plausible. |
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Posted: 3/1/2019 6:54:29 PM EDT
[#37]
Quote HistoryQuoted:
Yeah, I think that goes into one for me camp. I appreciate you giving me the benefit of the doubt on a 5-3. Had it been 4-4 the decision of the lower court would have stood as I understand it so Roberts was the deciding vote, agreed? Yes, Roberts appears to be a deciding vote, and I give you credit for his siding with the four liberals. However, the substance of this one is a little weird if you read Alito's dissent, and it doesn't appear to be a change in SCOTUS's death penalty jurisprudence, so this COULD just be Roberts playing nice with the liberals in a case that doesn't really mean anything. If I'm going to lose here I won't mind it being over cases like this one. |
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Posted: 3/2/2019 9:03:24 PM EDT
[#38]
Quote HistoryQuoted:
this wondering if soros has pics of him sucking monkey dicks or something WTF Quote HistoryQuoted:
Quoted:
On his best day, Roberts has been a grave disappointment. wondering if soros has pics of him sucking monkey dicks or something WTF That image would be terrifying. |
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Posted: 3/2/2019 11:25:14 PM EDT
[#39]
Quote HistoryQuoted:
Maybe doing Hilarity Clintoon? That image would be terrifying. Quote HistoryQuoted:
Quoted:
Quoted:
On his best day, Roberts has been a grave disappointment. wondering if soros has pics of him sucking monkey dicks or something WTF That image would be terrifying. |
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Posted: 3/4/2019 10:03:21 AM EDT
[#40]
Quote HistoryQuoted:
Looks like he is a solid conservative, until it matters. Obamacare, Abortion, Border security, he is alllllllllllllllllllllllllllll liberal. funny how that works. As for this... "People need to know that we're not doing politics," Roberts said last month in Nashville. "They need to know that we're doing something different, that we're applying the law." Thats a bold faced fucking lie and NO ONE believes it anymore. But I guess thats an excuse for being the Souter of the 21st century. |
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Posted: 3/4/2019 11:36:29 AM EDT
[#41]
I don't see any 5-4 or 5-3 opinions today but Justice GORSUCH (joined by Thomas) had some high praise for Ginsburg's 7-2 majority opinion in BNSF Railway Company v. Loos.
Though I may disagree with the result the Court reaches, my colleagues rightly afford the parties before us an independent judicial interpretation of the law. They deserve no less. |
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Posted: 3/4/2019 11:39:23 AM EDT
[#42]
Quote HistoryQuoted:
I don't see any 5-4 or 5-3 opinions today but Justice Thomas had some high praise for Ginsburg's 7-2 majority opinion in BNSF Railway Company v. Loos. My days of not taking the SCOTUS seriously are certainly coming to a middle. |
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Posted: 3/4/2019 11:49:13 AM EDT
[#43]
Quote HistoryQuoted:
they will hear that case, but refuse to address the SAFE act or any other of the various forms of gun control in liberal states. My days of not taking the SCOTUS seriously are certainly coming to a middle. |
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Posted: 3/4/2019 11:52:23 AM EDT
[#44]
Quote HistoryQuoted:
That may have been a good thing if Kennedy was willing to vote with the liberals to say "the SAFE act or any other of the various forms of gun control in liberal states" are constitutional. the next year will certainly prove one of us wrong. But the case you highlighted seems so pedantic that its shocking the court wastes its time on it. |
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Posted: 3/4/2019 3:53:25 PM EDT
[#45]
Quote HistoryQuoted: Agreed. I think Heller was as far as he was willing to take it and that effectively green lit all gun bans. the next year will certainly prove one of us wrong. But the case you highlighted seems so pedantic that its shocking the court wastes its time on it. You need to read a lot more case law. The Court takes cases that are brought to it, no not all of the cases, but someone (a railroad) brought today's controversy at significant expense.
Try reading today's other two decisions: What does "full costs" really mean? When is a copyright "registered?" -- when the Copyright office says it is. I won't be surprised if Roberts stabs us all in the back in the next gun rights case. Don't assume this thread or any of my comments in it are intended to defend or characterize Roberts as a "true conservative," or that I have any love or admiration for the 4 liberals. I probably agree with you on more than you think, outside of how to read case law and the operation of SCOTUS.
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Posted: 3/4/2019 3:56:09 PM EDT
[#46]
Hawaii judge wants to stop an executive order? Oh, well, who cares, right?
is Compensation compensation? Thats important. While no one can prove it, I bet Roberts is lockstep in denying cert to important cases with the liberal wing. |
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Posted: 3/4/2019 4:06:19 PM EDT
[#47]
Quote HistoryQuoted:
Hawaii judge wants to stop an executive order? Oh, well, who cares, right? is Compensation compensation? Thats important. While no one can prove it, I bet Roberts is lockstep in denying cert to important cases with the liberal wing. And that's after the filtering that happens by the Justice's cert. pool. https://finance.yahoo.com/news/unlike-gorsuch-kavanaugh-jumps-scotus-060749971.html |
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Posted: 3/4/2019 4:10:44 PM EDT
[#48]
Quote HistoryQuoted:
It only takes 4 justices to hear a case. Why would four justices vote to take a case when the other five are going to decide it in a way they don't like? Roberts gets to vote last. The at least three of the four on the left or the right have to want to hear a case before Roberts even needs to think about it. And that's after the filtering that happens by the Justice's cert. pool. https://finance.yahoo.com/news/unlike-gorsuch-kavanaugh-jumps-scotus-060749971.html |
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Posted: 3/4/2019 4:16:10 PM EDT
[#49]
Quote HistoryQuoted:
Kinda my point. the conservatives are terrified to bring a real case and have roberts shove down a liberal opinion for the next 100 years. Quote HistoryQuoted:
Quoted:
It only takes 4 justices to hear a case. Why would four justices vote to take a case when the other five are going to decide it in a way they don't like? Roberts gets to vote last. The at least three of the four on the left or the right have to want to hear a case before Roberts even needs to think about it. And that's after the filtering that happens by the Justice's cert. pool. https://finance.yahoo.com/news/unlike-gorsuch-kavanaugh-jumps-scotus-060749971.html 
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Posted: 3/4/2019 4:18:32 PM EDT
[#50]
Quote HistoryQuoted:
Maybe, but I suspect we'll see Roberts side with the four conservatives at least 20% of the time in 5-4 decisions this term. We will see. |
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