Wednesday, April 24, 2019

News & Notes

1. Is "chalking" your car a violation of the 4th Amendment? Yup, according to the 6th Circuit in this case. Orin Kerr discusses here:

From a practical perspective, this is a really important decision. It concludes that a routine practice that wasn't thought to be illegal (if it was thought of at all) is actually unconstitutional. I'm not sure if the decision is correct. And as I'll explain below, there are several plausible but debatable moves in the opinion. But this decision is now binding in the Sixth Circuit and may also be followed elsewhere: Traffic enforcement officers around the country should be paying attention to this.
2. What's going to happen with the census question in SCOTUS. Most are predicting a conservative 5-4 ruling. Mark Joseph Stern explains why the conservatives are being hypocritical:
To uphold the citizenship question, the court’s conservatives will have to feign respect for the Voting Rights Act, international law, and agency deference—three of their greatest enemies in any other context. In the process, they’ll have to pretend that Ross’ absurd pretexts, his many lies and obfuscations, are believable, even reasonable. And they appear willing to do exactly that to let Ross and Trump have their way. Such a decision would be an embarrassment to the judiciary, evidence that a majority of the justices place the goals of the Republican Party above the truth. A partisan ruling in this case would diminish the court’s legitimacy and fuel support for the addition of more justices. If SCOTUS abandons any pretense of neutrality and throws its weight behind the Trump administration, court packing may come to look like the only sensible option to save democracy from its wayward guardians.
3.  Meantime in our District, the word is the newly-minted Judge Roy Altman has a stable of cases now and has brought the parties in for status conferences.  He will be having a busy summer.  The big question -- will he get to send cases to the two new judges who will be coming shortly.

16 comments:

Anonymous said...

The Republican are hypocrites? That's shocking. I'm sure if the Mueller Report implicated BHO or HRC they would say "well, that's behind us, let's get on with the peoples' business of governing."

Anonymous said...

You mean like the Republicans did with President Clinton?

Anonymous said...

Recent breakdown of confirmed Trump judges from the Congressional Research Service:

90% of circuit judges are white
92% of district judges are white

80% of circuit judges are male
74% of district judges are male

Anonymous said...

And?

Anonymous said...

Any word on the other judges taking senior? Looking forward to more Trump picks. MAGA.

Anonymous said...

Lovely service for Randy Berg yesterday. A true hero. You'll be missed Randy.

Anonymous said...

I can't believe Grabby Joe is so tone deaf that he is actually running for POTUS

Anonymous said...

The country is in desperate need of a Biden-Romney (or Romney-Biden) ticket in 2020.

Anonymous said...

Romney? Oh please, yes more white men are needed. Warren is the pick.

Anonymous said...

Warren, although certainly smart, is just another divider (whether on purpose or not is irrelevant). We need good governance centrists. And we need a cross-party ticket. The fact that they are white men does not disqualify them.

Anonymous said...

Biden-Mayor Pete?

Anonymous said...

You're right, Warren is a divider. She divides the 99% from the 1%.

Anonymous said...

9:13 - brilliant. She needs to hire you to go on Fox and fuck them up.

Rumpole said...

One thing about Mitt that he never gets credit for. In a debate with Obama when asked about the country presenting the greatest threat in the upcoming future, he - to much ridicule at the time, including me- said Russia.
Point to Mitt for being prescient. Considering the Russians meddled in our election and got an idiot in the White House, Mitt was ahead of his time. I'd love to see him run.

Anonymous said...

GOP hubris knows no bounds. You elected a madman and your solution is that the Dems run a split ticket. Unreal.

Anonymous said...

7:57am: You're shortsightedness knows no bounds. I am the one who posted about the split ticket. In the last five presidential elections I have voted: Clinton, Obama, Obama, Kerry, and Third Party (I regret that very much).

And its not a "split ticket." Its a unity ticket. Let's unify the country with good, common sense, leaders. People who are not firebrands, and who have a sense of history, common sense, statesmenship, grace, and proportion.