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Bam

@Bam@sfba.social

Part of Twexit. #SCOTUS junkie. Legal practice is never perfect. Follower of #appellatelaw #ASOIF #ElfQuest and other interesting things. Father of Cats. Fan of snarkasm. Lover of #Lego. Addicted to Toot! (Toot!.app) US based but loves to learn about the other side of the pond. הנני. Esther 4:13. Just happy to be here.

Toots don’t last forever.

This profile is from a federated server and may be incomplete. For a complete list of posts, browse on the original instance.

GottaLaff , to random
@GottaLaff@mastodon.social avatar

👀👀👀👀The US Supreme Court is poised to allow in medical emergencies in Idaho, according to a copy of the opinion that was briefly posted on the court’s website -Bloomberg

Bam ,
@Bam@sfba.social avatar

@GottaLaff My kingdom for a copy of the draft! Does anyone have a copy of it?

Bam ,
@Bam@sfba.social avatar

@Pourroy @GottaLaff

It almost certainly is. It’s from the Court and most things at this point are going to the Reporter of Decisions for final checking. It may have been expected to go out today but the RoD may not have authorized it to go. Or maybe a Justice wanted to adjust an opinion. But the result, at this point, is almost certainly accurate.

Bam ,
@Bam@sfba.social avatar

@Pourroy @GottaLaff

So I got a copy of the draft. No ROD hold is necessary but the result is not going to change. It’s a PC DIG. Barrett writes a long concurrence for her, Roberts and Kavanhaugh saying, without saying, that Idaho basically lied to them about a number of significant points of law that proved to be untrue when they held argument AND raised a new spending clause argument no one ever argued before.

It’s polite because she’s not going to spit fire, but if you read it closely, you can tell they feel Idaho lied to them by falsely claiming abortion was “necessary” for mental health issues under EMTALA and that Idaho ER’a would become “federal enclaves” where law was determined by physican opinions also, AND that doctors would have to perform abortions over religious objections. All of that was demonstrably untrue based on the SG’s position at oral argument.

The fire by Jackson and the butthurt by Alito will get the attention, but it seems the Court’s center is pissed at being lied to. So DIG

🤷‍♂️

GottaLaff , to random
@GottaLaff@mastodon.social avatar

The second and FINAL opinion today: Snyder v. US. Written by Justice Kavanaugh. The vote is 6-3. Jackson dissents, joined by Sotomayor and Kagan.

Geidner:

The final SCOTUS decision today is Snyder v. US. Kavanaugh has the court's 6-3 decision on ideological grounds, holding that the Section 666 bribery statute does not apply to "gratuities" given for public officials' past acts. Jackson writes the liberals' dissent.

Bam ,
@Bam@sfba.social avatar

@Danetteb @GottaLaff

The statute is applicable to state, local, and tribal government officials.

“Whoever, if the circumstance described in subsection (b) of this section exists—
(1) being an agent of an organization, or of a State, local, or Indian tribal government, or any agency thereof—“

https://www.law.cornell.edu/uscode/text/18/666

GottaLaff , to random
@GottaLaff@mastodon.social avatar

#dreading

Via CSPAN:

JUST IN #SCOTUS adds two additional days for opinions this week. Thursday and Friday… Decisions on Trump immunity & emergency abortion care still pending.

Bam ,
@Bam@sfba.social avatar

@GottaLaff @NorCal_Lynne

They have 14 left, so it will be two days of 5 and one of 4.

Since they only do Wednesday through Friday, Juneteenth messed with their “no more than 4 a day for the press” release schedule.

flexghost , to random
@flexghost@mastodon.social avatar

** IT’S HERE! FRIDAY NIGHT MUSIC THREAD ON **

Tonight’s theme is:

𖡼𖤣𖥧♫⋆｡ EARWORM! ｡⋆♫𖥧𖤣𖡼

—
🎵 Post songs that get in your head, lay eggs, and won’t leave along with what you’re drinking 🎶
—

Straight up now tell me
Do you really want to love me forever oh, oh, oh
Or am I caught in a hit-and-run?
Straight up now tell me
Is it gonna be you and me together
Or are you just having fun?

🍷 Paula Abdul - Straight Up + Grapefruit Martini🍸

Post often • share • make some friends

Paula Abdul who is apparently Syrian heritage!!

Bam ,
@Bam@sfba.social avatar

@flexghost

I know why you picked Paula. 😂

I gotta go with Call Me Maybe. That fucking song just burrows like a mofo. And still toting tea.

https://youtu.be/fWNaR-rxAic?si=jK4iGD8nA6pBdBGH

Sherifazuhur , to palestine group
@Sherifazuhur@sfba.social avatar

Andrew Miller, State Dept expert on Israel-Palestine, quits over Gaza war @palestine @israel

https://www.trtworld.com/us-and-canada/andrew-miller-state-dept-expert-on-israel-palestine-quits-over-gaza-war-18175663

Bam ,
@Bam@sfba.social avatar

@Sherifazuhur

Bam ,
@Bam@sfba.social avatar

@Sherifazuhur Your toot framed it in your post that he quit in protest. He didn’t. He indicated he quit because he hasn’t seen his family in eight months. That’s why I quoted a source stating that. I’m not sure that your reply does much to resolve that.

flexghost , to random
@flexghost@mastodon.social avatar

2 killed and 8 wounded in a mass shooting outside a grocery store in Fordyce, Arkansas

So far in 2024:
232 mass shootings
669 children under 18 murdered
1,827 children under 18 injured
7,905 deaths related to guns including 315 murder/suicides

🇺🇸

Bam ,
@Bam@sfba.social avatar

@flexghost

GottaLaff , to random
@GottaLaff@mastodon.social avatar

🤬“Oklahoma Supreme Court on Wednesday dismissed a lawsuit of the last two survivors of the 1921 Tulsa Race Massacre, dampening the hope of advocates for racial justice that the government would make amends for one of the worst single acts of violence against Black people in U.S. history”
https://apnews.com/article/b7a4c83514ce79640a8490d49efb9006

Bam ,
@Bam@sfba.social avatar

@GottaLaff @Itchy

Opinion here:

https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=496200

GottaLaff , to random
@GottaLaff@mastodon.social avatar

🤦🏻‍♀️ Via CNN’s Zachary Cohen:

As expected, ’s lead attorney in election subversion case, Steve Sadow, is requesting oral arguments at Georgia Court of Appeals on whether Fulton County DA should be disqualified.

If court OK’s request, oral arguments tentatively scheduled for October.

Bam ,
@Bam@sfba.social avatar

@GottaLaff The real stat is how many represented appeals are denied oral argument despite a counsel request.

And typically only a single member of the panel needs to allow OA for it to be granted, so yeah, it’s happening.

Nonilex , to random
@Nonilex@masto.ai avatar

2yrs AFTER an American flag was flown outside the VA home of Justice Samuel , another provocative symbol was displayed at his…house in NJ….the flag…like the inverted flag was carried by rioters [] at the… 2021 [].


https://www.nytimes.com/2024/05/22/us/justice-alito-flag-appeal-to-heaven.html?unlocked_article_code=1.t00.2xMd.Y8aUZ-CGwkQJ&smid=nytcore-ios-share&referringSource=articleShare&sgrp=c-cb

Bam ,
@Bam@sfba.social avatar

@Nonilex

Enjoy this little nugget.

https://www.reddit.com/r/scotus/comments/1d4btpu/wouldnt_it_just_be_a_hoot_if_samuel_alito_had/?share_id=08zR-Lv9SXAy5HPq9zPDu&utm_content=1&utm_medium=ios_app&utm_name=ioscss&utm_source=share&utm_term=1&rdt=45574

Nonilex , (edited ) to random
@Nonilex@masto.ai avatar

Tues 29 May 2024 🧵
Good morning! It’s the last day of the #TrumpTrial before jury #deliberations.
Today Justice #Merchan will give #JuryInstructions. Then they will discuss the case among themselves for the first time; they have not been allowed to even discuss it w/each other as yet.

Closing arguments took place yesterday, & the lawyers will have no further opportunity to address the jurors before they determine whether #Trump is #guilty or not guilty of 34 felonies.

#criminal #law

Bam ,
@Bam@sfba.social avatar

@Nonilex And you thought you’d get a break.

Bam ,
@Bam@sfba.social avatar

@Nonilex

That poor court reporter.

GottaLaff , to random
@GottaLaff@mastodon.social avatar

👀👀 Via Kyle Cheney:

JUST IN: Judge #CANNON has denied #JackSmith's gag order request in FL, saying prosecutors' failure to confer with defense before filing it was "wholly lacking in substance and professional courtesy." #TrumpIndictment #documents #legal

Bam ,
@Bam@sfba.social avatar

@GottaLaff @WizardBear

So, there’s a ton of bad replies here. The conferral requirement is a local rule issue.

A bit of history. Many times people file motions without making any effort to resolve them amongst themselves. Some of these can be easily resolved and filed as consented motions, like extensions of time. Some are more complex but sometimes resolvable, like dismissal of certain counts.

The purpose of this kind of local rule is to avoid wasting court limited resources on things the parties can work out themselves.

That’s what is being said here: “You haven’t made a good faith effort to resolve this before coming to me to resolve it for you.”

Is it profoundly silly to issue this ruling in light of the issue and the party? Of course it is. Would most judges have done this knowing that? Probably not. But it’s not an appealable order because they can refile after making a good faith effort to resolve the substance of the motion.

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