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SCOTUS Denies Texas
legalinsurrection.com ^ | 12/11/2020 | Staff

Posted on 12/11/2020 3:37:10 PM PST by jroehl

Edited on 12/11/2020 3:41:42 PM PST by Admin Moderator. [history]

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To: Elsie

“Meet John Doe”

https://www.google.com/search?q=%22Meet+John+Doe%22&rlz=1C1AVNC_enUS560US607&oq=%22Meet+John+Doe%22&aqs=chrome..69i57.2484j0j9&sourceid=chrome&ie=UTF-8


1,861 posted on 12/13/2020 3:19:07 AM PST by Elsie (Heck is where people, who don't believe in Gosh, think they are not going...)
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To: Fawn

Calling a Creator cruel while expecting the creation to act in ways that lead to prosperity and giving the resources to enact prosperity is extremely ignorant. Again read Job as well as the definition of autonomy.

No ma’am, I am religious enough to have the sense to “fear” an entity that created space and time. Are you one of those who believe humans should tell G-d what to do? Again if so, ignorance on display.


1,862 posted on 12/13/2020 6:10:18 AM PST by rollo tomasi
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To: BillyBoy

I don’t know. It’s like we get “textualists” in K, G, and B and they suddenly find in the text nothing that will help us. We get “activists” in the Wise Latina and in Kagan and they find in the text everything that will hurt us.

I have no answer for this. If all these judges Trump put in don’t matter, then a major feather in his presidential cap has gone missing.

BTW, I did warn several times that we have all Catholics and Jews on the USSC but not any evangelical Protestants, despite the fact they are either a majority or close in this country. I think someone from Liberty Law School or Regent may have some different views.


1,863 posted on 12/13/2020 6:36:25 AM PST by LS ("Castles made of sand, fall in the sea . . . eventually" (Hendrix) )
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To: LS; GOPsterinMA
>> It’s like we get “textualists” in K, G, and B and they suddenly find in the text nothing that will help us. We get “activists” in the Wise Latina and in Kagan and they find in the text everything that will hurt us. <<

I personally think Democrat Presidents have a success rate of around 90% in finding liberal judges whereas GOP presidents have a success rate of around 40-50% of finding conservative judges because of a difference in approaches. Democrat presidents look for ideological purists who have a proven record of liberal activism, like Clinton picking a man-hating, card-carrying ACLU feminazi lawyer. GOP presidents ignore their judge's personal background and just look for judges that the Federalist Society have the right "judicial philosophy" of being so-called "originalist". This "originalist" stuff has been a proven failure, its about as helpful as a politician running for office as a "fiscal conservative".

>> If all these judges Trump put in don’t matter, then a major feather in his presidential cap has gone missing. <<

Very few FReepers aside from myself questioned the narrative that Trump had "cemented a conservative majority for decades" and "kept his campaign pledge to give us Scalia-like nominees". They frequently cited this great "accomplishment" as fact despite there being no evidence his first two nominees were solid conservatives (and PLENTY of evidence suggesting otherwise). IMO, its come back to bite us in the butt, big time. I thought Barrett was his lone "good" appointment (and someone with a background of a solid conservative), but her first decision is a big disappointment. If she turns out to be a Roberts-type judge as well, we are really screwed.

I don't know about his lower court nominees, but if they are anywhere as "good" as his track record on SCOTUS nominees, then we will have gotten nowhere.

>> BTW, I did warn several times that we have all Catholics and Jews on the USSC but not any evangelical Protestants, despite the fact they are either a majority or close in this country. I think someone from Liberty Law School or Regent may have some different views. <<

Percentage-wise, there are about as many Catholics in this country as Evangelical protestants, around 25% of the population or so. Jews are around 2%. I think one of the reasons for the lopsided number of Jews and Catholics on SCOTUS is again the narrow range that Presidents pick from -- career federal judges that graduated from Harvard or Yale Law School are 95% of their picks, so the resulting "lists" have tons of Catholics and Jews.

If they were to be a little more open minded (for example, my pick for Scalia's seat would have been Thomas Rex Lee of the Utah Supreme Court, a graduate of Brigham Young University and who would have been the court's first Mormon justice), it would greatly increase the "diversity" of the court.

Gorsuch switched from Catholic to protestant and is now the court's lone protestant justice (the lone protestant justice before him was John Paul Stevens), so if anything the "mainline" protestants are much more likely to be liberal than the Catholic nominees.

In any case, Amy Coney Barrett may be a hardcore Catholic, but that does not necessarily mean solid conservative judge, either. Again, another reason why she would have not been my nominee or even ended up on my short list.

So far, the only proven "Scalia-like" SCOTUS judge we've gotten is Alito, a strongly conservative Roman Catholic, and his nickname was literally "Scalito" when he served on the lower court. Again, let's look at proven records, not the judges so-called 'judicial philosophy"

1,864 posted on 12/13/2020 10:42:07 AM PST by BillyBoy ("States rights" is NOT a suicide pact.)
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To: Jim Noble
"It's not a majority of ALL POSSIBLE ELECTORS (270). It's a majority of ALL ELECTORS APPOINTED."

I'm not sure what you mean. If just a few states with Republican legislators withhold their electoral submission and lowers Biden under 270, does it not go to the House with each State having one vote? It's confusing, but that's how I understand it.

1,865 posted on 12/13/2020 11:57:15 AM PST by A Navy Vet (I'm not Islamophobic - I'm Islamo nauseated. Also LGBTQxyz nauseated )
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To: A Navy Vet

here is a link to the electoral college. I believe it will answer your questions.

https://www.archives.gov/electoral-college/2020


1,866 posted on 12/13/2020 12:42:55 PM PST by Presbyterian Reporter
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To: A Navy Vet
If just a few states with Republican legislators withhold their electoral submission and lowers Biden under 270, does it not go to the House with each State having one vote? It's confusing, but that's how I understand it.

The electors have all been selected. That was done by the voters through the election and the certification by the appropriate authorities in accordance with existing law. The legislatures can't withhold those votes. All they could do is try to change the law for selecting electors after the fact and submit a second slate to vote in the Electoral College. The problems with that, of course, is that the Electoral College votes tomorrow, none of the legislatures in any of the states are currently in session to vote on the change, absent a court order invalidating the election it's hard to believe if would survive the legal challenge, and absent any court ruling invalidating an election no legislature would have done it to begin with even if they were in session.

1,867 posted on 12/13/2020 12:53:59 PM PST by DoodleDawg
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To: A Navy Vet
If just a few states with Republican legislators withhold their electoral submission and lowers Biden under 270, does it not go to the House with each State having one vote?

No.

Say Pennsylvania withholds its 20 Electors.

The number appointed is no longer 535, it's 515, and the number to win is now 258.

Every state that withholds its votes lowers the number of Electors appointed, and therefor lowers the number needed to win.

1,868 posted on 12/13/2020 1:30:54 PM PST by Jim Noble (Lo there do I see the line of my people, back to the beginning)
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To: rollo tomasi
while expecting the creation to act in ways that lead to prosperity and giving the resources to enact prosperity is extremely ignorant.

I never said anything about expecting anything. I said don't count on him to help. Maybe a comprehension class could help you....

1,869 posted on 12/13/2020 2:16:46 PM PST by Fawn ("My people are destroyed for lack of knowledge" Hosea 4:6)
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To: Fawn
“God is cruel”, was your literary quote, correct? Individuals may think they are mind readers on this form but I am not one of those individuals.

A better argument from your POV is that God is an absentee landlord, but that still is not the case.

However, if you expound more I may begin to agree with you.

1,870 posted on 12/13/2020 3:12:45 PM PST by rollo tomasi
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To: Secret Agent Man

Been doing it this way for 28 years now. Never actually had to pay in at the end of the year, and usually get several thousand in “refund”.


1,871 posted on 12/13/2020 5:48:40 PM PST by dereknunley
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To: Jim Noble
"The number appointed is no longer 535, it's 515, and the number to win is now 258."

Okay. But, why have people been talking about under 270 total, and not a simple majority when it then goes to Electors in the House? Apparently, I've been reading the wrong stuff.

1,872 posted on 12/13/2020 6:49:44 PM PST by A Navy Vet (I'm not Islamophobic - I'm Islamo nauseated. Also LGBTQxyz nauseated )
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To: BillyBoy; GOPsterinMA; LS

In hindsight it seems miraculous we ended up getting REAL conservatives like Thomas, Alito, and Scalia, on the court.


1,873 posted on 12/13/2020 6:49:56 PM PST by Impy (George Washington did not concede to King George)
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To: rxsid

The Supremes have committed TREASON....and should face the consequences


1,874 posted on 12/14/2020 2:25:08 AM PST by Halgr (Once a Marine, always a Marine - Semper Fi)
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To: Impy; BillyBoy; LS

That’s true.


1,875 posted on 12/14/2020 4:22:13 AM PST by GOPsterinMA (I'm with Steve McQueen: I live my life for myself and answer to nobody.)
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To: Impy; BillyBoy; fieldmarshaldj; LS; NFHale; DarthVader; KC_Lion

Interesting that the CDC picked UPS and FedEx to deliver the vaccines.

Spokesmen said they are the only two companies in America with the tracking and tracing and reliable delivery to distribute vaccine.

But somehow the USPS was good enough for ballots...


1,876 posted on 12/14/2020 4:54:52 AM PST by GOPsterinMA (I'm with Steve McQueen: I live my life for myself and answer to nobody.)
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To: Secret Agent Man

do let us know when you find 80 million friends to jump with you~! The politicians and the media have let things go so far in this country that the only way we get the Constitution back is by TAKING it back... I’m a seventy five year old woman, and I don’t have the balls for that, and I’m betting YOU don’t either. If you want to get nasty, I can play that game, too.


1,877 posted on 12/14/2020 6:44:41 AM PST by Segovia
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To: BillyBoy

I generally agree. Certainly the jury is out on the Trump USSC picks. But I do think that the utter, 100% absence of an evangelical Protestant, not a Lutheran or an Episcopalean or a Presbyterian, is a major issue on the court, which should have at least 25% makeup of these type of people

I agree much of it is the Harvard/Yale pipeline and narrow searches. Given Mike Lee and Minion and their records, not sure someone from BYU would be much better. I’m thinking Liberty or Regent.


1,878 posted on 12/14/2020 7:15:37 AM PST by LS ("Castles made of sand, fall in the sea . . . eventually" (Hendrix) )
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To: LS
Bush's pick Harriet Myers was an Evangelical Christian, I don't think her selection would have helped much with getting an actual conservative on the court. Ironically if Trump had picked her, I have no doubt that people on FR would have blindly accepted the "Miers is an outstanding Originalist" Kool-Aid and she'd be Justice Harriet Miers now.

. You're right that we need a SCOTUS that reflects the average American much more though. I vastly would have preferred Jennifer Elrod over Amy Coney Barrett (Elrod didn't make any of Trump's ”lists" but would have made my short list). She is from Texas and a Baylor University alumni. I have no idea what her religion is but based on that background I'd guess she's an Evangelical protestant.

1,879 posted on 12/14/2020 11:40:03 AM PST by BillyBoy ("States rights" is NOT a suicide pact.)
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To: Jim Noble; USA Conservative

“It’s not a majority of ALL POSSIBLE ELECTORS (270). It’s a majority of ALL ELECTORS APPOINTED. So, a State withholding it’s Electors simply lowers the number needed to win.”

Just to play devil’s advocate, what if divided swing states send 2 slates of electors. Since “counted” and “appointed” are 2 different things, wouldn’t that necessarily INCREASE the number required to win (outright)? Wouldn’t it have the same effect of nullifying their electoral votes but simultaneously increasing the denominator of the majority equation?

Ordinarily, electors can be disputed, but some argue that the president of the senate has the authority to not count the electors from states that have dueling slates. They would have, after all, appointed more electors than allowed.

Here is the count of electors for states with Democrat governors and Republican-majority legislatures where the outcome is disputed:
PA-10
MI-16
WI-10

If all 3 states had dueling slates, this would (in theory) bump 538 to 584, thus requiring 288 to win. (In other words, there would be 36 EXTRA electors, which could not be counted but were technically appointed.) Biden’s projected count is 306, but if he was deprived of these 3 swing states, he would be at 270.

Georgia has Republicans controlling the legislature and office of governor, but he’s acting like a democrat. If we add GA (16 electors) to the list sending dueling slates of electors, and Pence simply throws them all out (doesn’t count them), you’d certainly take away the majority of “appointed” electors going to Biden, forcing a contingent election. Since the quorum is already determined at this point, and the vote must proceed immediately, wouldn’t the states be able to vote Trump in?

Also, what binds Pence to follow procedural rules?

If he simply refuses to allow his decisions to be overridden by a floor vote, what remedy would Democrats have?


1,880 posted on 12/14/2020 2:04:59 PM PST by unlearner (Be ready for war.)
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