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Re: Barrett's in... [Re: Donnie H] #7028757
10/26/20 09:28 PM
10/26/20 09:28 PM
Joined: Sep 2008
Posts: 5,640
Newark, Ohio 79 years
Actor Offline
trapper
Actor  Offline
trapper

Joined: Sep 2008
Posts: 5,640
Newark, Ohio 79 years
At her swearing in, her acceptance speech told the Dumbos in Congress Exactly where she stood and put them in their place. Of course she told it in a nice way... so don't know if any of them will be able to grasp it.

Garry-


“Don't pick a fight with an old man. If he is too old to fight, he'll just kill you.”

Have been trapping 73 years … WILL be LAST one... or maybe NOT...
Re: Barrett's in... [Re: Posco] #7028764
10/26/20 09:31 PM
10/26/20 09:31 PM
Joined: Oct 2018
Posts: 3,840
Dunbar, Wisconsin
P
Pike River Offline
trapper
Pike River  Offline
trapper
P

Joined: Oct 2018
Posts: 3,840
Dunbar, Wisconsin
Originally Posted by Posco
Collins is in a tough spot because of her vote for Kavanaugh. Tens of millions of dollars have been spent trying to unseat her. McConnell likely knew he didn't need her vote and wants to salvage her campaign to help hold the Senate. I'm sure he gave her the green light.

This right here. Very strategic.

Re: Barrett's in... [Re: Donnie H] #7028767
10/26/20 09:34 PM
10/26/20 09:34 PM
Joined: Sep 2008
Posts: 5,640
Newark, Ohio 79 years
Actor Offline
trapper
Actor  Offline
trapper

Joined: Sep 2008
Posts: 5,640
Newark, Ohio 79 years
Her actual knowledge of the Constitution and the true intent may intimidate Roberts to the point he may concede the writing of majority decisions to her.

Garry-


“Don't pick a fight with an old man. If he is too old to fight, he'll just kill you.”

Have been trapping 73 years … WILL be LAST one... or maybe NOT...
Re: Barrett's in... [Re: il.trapper] #7028769
10/26/20 09:35 PM
10/26/20 09:35 PM
Joined: Mar 2007
Posts: 30,550
McGrath, AK
W
white17 Offline

"General (Mr.Sunshine) Washington"
white17  Offline

"General (Mr.Sunshine) Washington"
W

Joined: Mar 2007
Posts: 30,550
McGrath, AK
Originally Posted by il.trapper
white, How is it decided who casts what vote? Couldn't what you describe be the same for the other Justices?

I need a refresher I reckon.



Each justice has one vote. Whichever group has the majority....5 or more.....that is the side that writes the opinion and their view is the law.

Is that what you are asking ?

They can each vote however they want but only Roberts OR Thomas will decide who writes the opinion for the majority. If Roberts votes with the minority..he does not have a say in who writes the opinion. That is up to Thomas


Mean As Nails
Re: Barrett's in... [Re: Donnie H] #7028780
10/26/20 09:47 PM
10/26/20 09:47 PM
Joined: Dec 2006
Posts: 1,819
West Central Illinois
I
il.trapper Offline
trapper
il.trapper  Offline
trapper
I

Joined: Dec 2006
Posts: 1,819
West Central Illinois
I understand Thomas, as he is the eldest, or has the most years. I don't understand Roberts. There are others who have been there longer. Right? If he does fall into the majority, why is it him and not another Justice?

The court is divided, but not in an official way.

Re: Barrett's in... [Re: Donnie H] #7028783
10/26/20 09:50 PM
10/26/20 09:50 PM
Joined: May 2010
Posts: 6,866
mn north of blakely
S
Steven 49er Offline
trapper
Steven 49er  Offline
trapper
S

Joined: May 2010
Posts: 6,866
mn north of blakely
Because Roberts is the Chief Justice.

Re: Barrett's in... [Re: Donnie H] #7028788
10/26/20 09:54 PM
10/26/20 09:54 PM
Joined: May 2010
Posts: 6,866
mn north of blakely
S
Steven 49er Offline
trapper
Steven 49er  Offline
trapper
S

Joined: May 2010
Posts: 6,866
mn north of blakely
The Chief Justice is appointed by the president and the chief appointment is lifetime.

After Rehnquist passed away(the former chief) Bush appointed Roberts to fill his open seat and appointed him as chief. I don't think bush had to appoint Roberts as chief but he chose to instead of an already sitting justice.

Re: Barrett's in... [Re: Donnie H] #7028790
10/26/20 09:56 PM
10/26/20 09:56 PM
Joined: Mar 2007
Posts: 30,550
McGrath, AK
W
white17 Offline

"General (Mr.Sunshine) Washington"
white17  Offline

"General (Mr.Sunshine) Washington"
W

Joined: Mar 2007
Posts: 30,550
McGrath, AK
Maybe a hypothetical.

Lets say a 2A case is being heard by SCOTUS. It appears that the vote will be 5 to 4 in favor of our side..
If Roberts votes with the libs...minority...then he has no control over who writes the majority opinion. That will be up to Thomas to decide since he is the senior justice on the majority side. He may even assign the writing to himself. We know he is by far the most 2A positive justice on the court. Roberts knows that too.

So Roberts may decide to cast his vote with the conservatives and make it a 6x3 decision. At this point Roberts assumes his Chief Justice role and assigns who writes the opinion........which will likely be him so he can water it down.

Roberts only has the CJ authority when he votes with the majority side. If he does not, then Thomas decides........if he's in the majority.

Conversely, Roberts could vote with the libs in a 4x5 decision that decides against 2A (not likely now) At that point he is in the majority on the liberal side and will control who writes the opinion for the liberal majority


Mean As Nails
Re: Barrett's in... [Re: Donnie H] #7028884
10/26/20 11:12 PM
10/26/20 11:12 PM
Joined: Jan 2007
Posts: 10,672
Georgia
warrior Offline
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warrior  Offline
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Joined: Jan 2007
Posts: 10,672
Georgia
My understanding is that each justice retains the the right to offer a dissenting opinion if they so choose, as does the minority side. I believe that even a justice on the majority side could offer an opinion if he or she feels it pertinent to offer a differing route or legal basis.

Re: Barrett's in... [Re: Donnie H] #7028885
10/26/20 11:14 PM
10/26/20 11:14 PM
Joined: Jan 2007
Posts: 10,672
Georgia
warrior Offline
trapper
warrior  Offline
trapper

Joined: Jan 2007
Posts: 10,672
Georgia
I believe the 2A case Barrett is known for was a similar type individual opinion.

Re: Barrett's in... [Re: Donnie H] #7028887
10/26/20 11:16 PM
10/26/20 11:16 PM
Joined: Dec 2008
Posts: 17,015
Eastern Shore of Maryland
HobbieTrapper Offline
"Chippendale Trapper"
HobbieTrapper  Offline
"Chippendale Trapper"

Joined: Dec 2008
Posts: 17,015
Eastern Shore of Maryland
I don’t know about all that stuff but I’m almost tired of winning......PSYCHE!!!!!!



-Goofy-
Re: Barrett's in... [Re: Donnie H] #7028900
10/27/20 12:16 AM
10/27/20 12:16 AM
Joined: Dec 2006
Posts: 1,819
West Central Illinois
I
il.trapper Offline
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il.trapper  Offline
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Joined: Dec 2006
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West Central Illinois
Ok I understand it now. I have wondered for years why Roberts seemed to have written so many. I did not know the Pres. appointed a Chief Justice. I assumed it was always the Senior Justice. Not in age but in time spent on the court.

Thank you all for clarifying this for me. I learned something I should have already known.

Re: Barrett's in... [Re: warrior] #7029083
10/27/20 08:18 AM
10/27/20 08:18 AM
Joined: Mar 2007
Posts: 30,550
McGrath, AK
W
white17 Offline

"General (Mr.Sunshine) Washington"
white17  Offline

"General (Mr.Sunshine) Washington"
W

Joined: Mar 2007
Posts: 30,550
McGrath, AK
Originally Posted by warrior
My understanding is that each justice retains the the right to offer a dissenting opinion if they so choose, as does the minority side. I believe that even a justice on the majority side could offer an opinion if he or she feels it pertinent to offer a differing route or legal basis.



That's correct. Each justice MAY write a dissent or a partial concurrence.
But the protocol I described above is in place to prevent the following.

Suppose again that the 2A case is decided 5 conservatives and 4 liberals.........with Roberts voting with the libs.

Under no system of rationality, fairness, equity, morality, etc........ SHOULD the chief justice on the LOSING side, either write or appoint someone to write the majority's opinion. We can easily envision Roberts choosing the weakest justice in the majority, or even one of the lib justices in the minority, to write for the majority. That would obviously cause nothing but turmoil down the road


Mean As Nails
Re: Barrett's in... [Re: Donnie H] #7029090
10/27/20 08:24 AM
10/27/20 08:24 AM
Joined: Dec 2008
Posts: 2,625
Yukon
Y
yukon254 Offline
trapper
yukon254  Offline
trapper
Y

Joined: Dec 2008
Posts: 2,625
Yukon
Thanks for laying it out Ken, I didnt know how they chose who writes the opinion. Thomas has been gold for conservatives, I think Amy will be the same. Best pick for Trump by far.


do unto others as you would have them do unto you

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