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The hour is upon us
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Corner Post is first, party-line case judicially extending the statute of limitations for APA challenges out to the heat death of the universe. Barrett writes, Jackson dissents. www.supremecourt.gov/opinions/23p...
www.supremecourt.gov
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From Jackson’s dissent. I believe the way this works in combination with Loper-Bright is really insidious, but ofc it’s not gonna get the headlines.
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2nd up is Netchoice—the judgments are unanimously vacated and sent back. Kagan writes with 6 joiners (though Jackson skips a few parts). Several conservatives pen concurrences in the judgment. www.supremecourt.gov/opinions/23p...
www.supremecourt.gov
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So Trump will be the last case of the term. We’ll know soon enough, but I’m guessing Roberts wrote it.
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Roberts rules for Trump. Absolute immunity for “official acts.” Vacated and remanded. Party line case. Both Sotomayor and Jackson dissent. Fuck this. www.supremecourt.gov/opinions/23p...
www.supremecourt.gov
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Okay, it’s absolute immunity for official acts that are “within [the president’s] exclusive and preclusive authority” and presumptive immunity for all official acts. Corrupting the DOJ — absolute immunity (which boggles my mind). Pressuring Pence — presumptive immunity.
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Sotomayor points out why this distinction between absolute and presumptive immunity that the majority introduces is essentially meaningless.
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Who decides what's official? Is pressuring pence to overturn his election loss part of his official duties?
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Oh, so all of a sudden they're worried about undermining the independence of the executive branch?
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Ordering the military to do anything up to and including shooting a whole bunch of US citizens? Presumptive immunity.
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The entire point of this is to confuse, delay, and obfuscate. Dark stuff.
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Isn’t the whole *point* of corruption to abuse the powers of your office? If you apply this to policing—arrests are within the authority of the police—then all arrests are cool without any recognition that the choice to arrest may be influenced by bribery or other factors?
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But they aren't deciding which actions are within the president's authority, right? They are sending that back to the lower court to determine?
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taking top secret documents home as souvenirs? showing them off to random people at his country club?
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Encouraging a coup to storm the Capitol to halt official Congressional business to certify the election? SCOTUS: Totally legal & an official Presidential act. Fuck this.
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bsky.app/profile/etha...
It’s going to be a subtle rule the courts will need to apply to Trump’s charges and that will require appeal. Which is why they timed it to be last.
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This is depressing. It's what he wanted. He set it up. Rule by just a few "deciders" that he controls.
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Does the president have authority over the vice president? They were originally different parties occupying separate offices I think deliberately at odds, I'm not sure if the amendment making a combined ticket actually makes one subordinate?
Do it anyway. If they want to enforce it, let them. Show the world how bad they are
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What’s the rule for overcoming the presumption?
It's worse than you think. The decision actually says "at least" presumptive immunity: luckorcunning.blogspot.com/2024/07/firs...
walto's worldluckorcunning.blogspot.com
So...Biden should drone-strike Roberts?
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Wow...we are officially off the rails
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So can Biden just shoot someone and claim it’s his official duty now?
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He’s gotta order the seals to do it and then tip them.
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America, where no one is above the law*. *some exclusions apply.
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“Presumptive immunity” for acts within the outer perimeter? What the fuck?
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They didn’t actually create any rule or test for when the presumption is overcome. They just looked at “can he ask the Vice President to overthrow democracy” and went “gee tough question”
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So, for those of us keeping score at home, between 1. Georgia 2. documents 3. 1/6 which of those still stand, if any
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Yes, this is what I would like to know too :)
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Most of the crimes Trump committed in the documents case occurred after he left office, so that one stands. The two election interference cases still have a chance, since his campaign staff was largely involved in those crimes.
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They all still stand, but there will be further delays as the trial courts evaluate what does and does not count as an excepted "official act." Basically, nothing changes except the people who already were clearly sabotaging the Trump cases have another weapon to do so
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Georgia is arguably still in, because it was a violation of state law carried out in his capacity as a candidate for office, not the president. Documents should still be in, because it's charges levied against him after he left office, hence no official capacity (but lol Cannon might yolo it).
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So when the president does it, that means that it is not illegal. Now why does that sound so familiar? bsky.app/profile/amdi...
I think it manifested with Nixon. At this point, the GOP is comprised entirely of people who think Nixon's only mistake was getting caught.
So… Biden should send Seal team six to kill trump? And that’s cool?
Yep! He needs to do it NOW.