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Fri Dec 11, 2020, 06:26 PM

Understand that while it is likely to happen there may not be a ruling today due to Thomas/Alito

Thomas and Alito believe in a legal theory that SCOTUS must in all situations no matter how stupid or meritless hear original jurisdiction cases. That is complaints between states not heard by a lower court first which includes the TX v PA lawsuit. The is no historical support for this, no prior justices believed this, and none of the other seven seated justices share this view. They and only they are convinced that SCOTUS must accept original jurisdiction cases.

So in every single original jurisdiction case they slow everything down. The demand that the justices accept the case and then dismiss it instead of declining to review it. When they lose (and they always lose) they demand to write a dissent and scold the rest of the court for not following procedures as they see they should be.

If this seems stupid and trivial well it is. Nobody on the planet except those two idiots cares. This isn't a Republican thing or a conservative judge thing or a federalist society thing. This is a special brand of stupid sauce shared between Alito and Thomas.

So that could be the delay. It could (not saying will but could) even delay things until Sat/Sun over essentially nothing.

If I am right this is likely what is happening right now:
7 justices: consensus is the case has no merit and no standing lets decline to review
Alito and Thomas: no you must accept the case and then dismiss instead of declining to review
7 justices: we aren't doing that like the other 20 times you pulled this stunt
Roberts: calling the vote. 7-2 decline to review
Alito and Thomas: I want to write a dissent I need 24 hours.

I am not saying that will happen. Hopefully we get an order issued today and that is that just pointing out what might be causing the delay so far and why that delay could go past the end of the day today.

So what happens if there is no order issued today? Well SCOTUS can issue an order on the weekend. They usually don't but this isn't a usual situation. They won't want to wait until Monday and the confusion/chaos that would bring so an order (w/ the dissent from the two stupids) could happen on Saturday or Sunday.

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Arrow 11 replies Author Time Post
Reply Understand that while it is likely to happen there may not be a ruling today due to Thomas/Alito (Original post)
Statistical Dec 2020 OP
MillenialDemLXXXIII Dec 2020 #1
Walleye Dec 2020 #2
malchickiwick Dec 2020 #3
dixiechiken1 Dec 2020 #4
gab13by13 Dec 2020 #5
Statistical Dec 2020 #6
LeftInTX Dec 2020 #9
bluestarone Dec 2020 #7
Hortensis Dec 2020 #8
Dem2 Dec 2020 #10
Statistical Dec 2020 #11

Response to Statistical (Original post)

Fri Dec 11, 2020, 06:28 PM

1. Thanks for this well thought post-Statistical!!

It mirrors my thoughts, but put in a much more professional and succinct way than I could! DuRec for you as well!

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Response to Statistical (Original post)

Fri Dec 11, 2020, 06:30 PM

2. And Trump will praise them for being wise and courageous.

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Response to Statistical (Original post)

Fri Dec 11, 2020, 06:43 PM

3. And that dissent would be regarding the jurisdiction issue, and not the (de)merits. n/t

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Response to Statistical (Original post)

Fri Dec 11, 2020, 06:45 PM

4. Thank you for explaining so well.

I have been checking news feeds all day on this. Was starting to get frustrated and panicky. (Why should today be any different than the last 4 years, right?) I feel better now.

THANK YOU!

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Response to Statistical (Original post)

Fri Dec 11, 2020, 06:52 PM

5. I will be extremely disappointed,

if the Supreme Court merely refuses to take the law suit. It is too important to our democracy for them to merely say, it is without merit
I agree with the Pa Ag. who wrote to the Supreme Court and demanded that it refute this law suit in no uncertain terms so that similar suits can never be filed again, that there will be a precedent.

If the Supreme Court merely refuses to hear the case we lose IMO, our democracy loses. The SC needs to clearly state that the law suit violates the Constitution and is seditious.

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Response to gab13by13 (Reply #5)

Fri Dec 11, 2020, 06:57 PM

6. They don't need to accept it to refute it.

They can decline to review and still attach an opinion. Other than for Alito and Thomas wanting it that way there is no practical difference between accepting and then dismissing a case and declining to review the case. Both can happen without comment both can have an opinion attached.

Like I said this is purely procedural.

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Response to gab13by13 (Reply #5)

Fri Dec 11, 2020, 07:44 PM

9. I was writing a reply when I left the room and hubs told me.

Was gonna say they would not use any overreach in a response...just a statement about like of standing or something like that...

Now I can't find the response that I was gonna cut and paste..LOL

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Response to Statistical (Original post)

Fri Dec 11, 2020, 06:59 PM

7. I'm thinking Roberts wants a 9-0 ruling

Some DON'T Just guessing!

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Response to Statistical (Original post)

Fri Dec 11, 2020, 07:38 PM

8. Well, it came down today, but you called it, the two dissented

on the basis predicted.

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Response to Statistical (Original post)

Fri Dec 11, 2020, 07:54 PM

10. You were correct

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Response to Dem2 (Reply #10)

Fri Dec 11, 2020, 08:04 PM

11. Yeah those two. They are straight up dunces on this.

Glad I was wrong about it delaying until the weekend and they were fine with just putting their boilerplate whining in the order.

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