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Drudge Retort: The Other Side of the News
Tuesday, May 28, 2024

Justice Sonia Sotomayor admitted on Friday that some of the conservative-leaning Supreme Court's rulings have privately driven her to tears - and hinted that there are likely going to be more of such instances soon as the high court gears up to hand down majorly consequential decisions.

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Sotomayor made the vulnerable remarks at Harvard University's Radcliffe Institute for Advanced Study, where she received a medal for being what the institute said is "a discerning jurist who never fails to recognize the human impact of legal decisions."

"There are days that I've come to my office after an announcement of a case and closed my door and cried," the liberal justice said. "There have been those days. And there are likely to be more."

"I live in frustration. And as you heard, every loss truly traumatizes me in my stomach and in my heart," Sotomayor said earlier this year at the University of California, Berkeley's law school. "But I have to get up the next morning and keep on fighting."

Past time for Supreme Court reform. Stare decisis is dead, Congress-passed laws and regulations are reinterpreted counter to their express purpose due to some invented test radical jurists apply out of thin air with zero historical or legal basis, tacitly eviscerating the Constitution's separation of powers. The justices have become nothing more than partisans in robes, willing to enact their preferred agenda through power, bending their recitations of the past to fit their desired results in the present.

It's the SCOTUS who needs to fly its American flag upside down. And it needs to stay that way until the stench of this Roberts Court - and the open graft-taking of justices Alito and Thomas - are nothing but long ago memories of a bad dream.

#1 | Posted by tonyroma at 2024-05-27 07:14 PM | Reply | Newsworthy 2

The Roberts Supreme Court has lost the confidence and respect of the citizens of the United States.

Chief Justice John Roberts defends the Supreme Court -- as people's confidence wavers (2022)
www.npr.org

... Chief Justice John Roberts defended the authority of the Supreme Court to interpret the Constitution, saying its role should not be called into question just because people disagree with its decisions.

When asked to reflect on the last year at the court in his first public appearance since the U.S. Supreme Court overturned Roe v. Wade, Roberts said Friday he was concerned that lately some critics of the court's controversial decisions have questioned the legitimacy of the court, which he said was a mistake. He did not mention any specific cases or critics by name.

"If the court doesn't retain its legitimate function of interpreting the constitution, I'm not sure who would take up that mantle. You don't want the political branches telling you what the law is, and you don't want public opinion to be the guide about what the appropriate decision is," Roberts said while being interviewed by two judges from the Denver-based 10th U.S. Circuit Court of Appeals at its conference in Colorado Springs. ...



That was nearly two years ago. SCOTUS seems to have gone downhill since then.


#2 | Posted by LampLighter at 2024-05-27 07:37 PM | Reply

The Roberts Supreme Court has lost the confidence and respect of the citizens of the United States.

Fortunately for them, SCOTUS needs neither.

#3 | Posted by REDIAL at 2024-05-27 08:30 PM | Reply

She should resign.

Tomorrow.

#4 | Posted by tres_flechas at 2024-05-27 08:40 PM | Reply

@#3 ... Fortunately for them, SCOTUS needs neither. ...

Yeah, that seems to be what the Roberts Court has been exploiting.

That "little - to - nothing" can be done about it in the the current divisive political environment.

My view is along the lines of, the Justices need to avoid the perception of bias in the cases before them.

So, when billionaires seem to give Justice Thomas and Justice Alito "stuff," I have questions...

1) is that income, and if so, do they declare on their income tax?

2) is that "stuff" given because those billionaires having pending cases before SCOTUS?

I have more questions, but I'll go with those two for the nonce.



#5 | Posted by LampLighter at 2024-05-27 09:12 PM | Reply

I have more questions, but I'll go with those two for the nonce.

I'd go with:

1) Yes, and maybe.

2) Probably, or just in case.

#6 | Posted by REDIAL at 2024-05-27 09:21 PM | Reply

@#6 ... 1) Yes, and maybe. ...

A gray area, at best.

Billionaire Gifts To Thomas: Generosity Or Taxable Income? (2023)
www.levernews.com

... If billionaires' largesse was designed to keep the justice on the high court, experts say the money could be considered a taxable payment. ...

#7 | Posted by LampLighter at 2024-05-27 09:32 PM | Reply

I'll just put this here

www.theguardian.com

Clarence Thomas told a Republican congressman that US supreme court justices should get a pay raise or "one or more" would quit, prompting "a flurry of activity" among rightwingers because his "importance as a conservative was paramount", ProPublica said in its latest hard-hitting report on questionable ethics at the high court.

But ProPublica also reported that "during his second decade on the court, Thomas' financial situation appears to have markedly improved." The justice received a $1.5m advance for his memoir and gifts from rich individuals.

If it ain't illegal it damn well should be.

#8 | Posted by truthhurts at 2024-05-27 09:38 PM | Reply | Newsworthy 1

Now they tax bribes? Weird.

I thought prison after being impeached and removed was more the norm.

A cash Gift to stay on the court isn't as gift it's a wage.

So Thomas is the employee of these billionaires.

Taxing his graft income isn't really the correct response.

And we say Russia is corrupt?

#9 | Posted by Effeteposer at 2024-05-27 09:44 PM | Reply

@#8 ... Clarence Thomas told a Republican congressman that US supreme court justices should get a pay raise or "one or more" would quit, prompting "a flurry of activity" among rightwingers because his "importance as a conservative was paramount", ...

Ya know, I had heard reports about Justice Thomas apparently being given outside money so he can be appropriately paid for performing his duties.

It was clear he was unhappy': Top takeaways from report on Justice Thomas' early 2000s salary complaints and how a GOP congressman tried to solve his problem (2023)
lawandcrime.com

... Clarence Thomas told a Republican congressman back in 2000 that members of the nine might walk away from their jobs at the Supreme Court if they were not given a major raise, according to ProPublica's latest story on the conservative justice.

While the congressman seems to have put a plan into action at the time, it was to no avail. Here are some major takeaways from the article, much of which appears to have been based on documents drafted at the time Thomas spoke with the legislator.

1. Thomas reportedly told a Republican congressman that if the justices' salaries were not raised, "one or more" of the justices would resign ...

[emphasis theirs]


#10 | Posted by LampLighter at 2024-05-27 09:46 PM | Reply | Newsworthy 1

1) is that income, and if so, do they declare on their income tax?

2) is that "stuff" given because those billionaires having pending cases before SCOTUS?

1) I'm not sure how the IRS views expensive trips given by friends as "gifts," but we know for certain both Alito and Thomas failed to report various trips as required by the rules for federal judges, and depending upon the situations such expensive trips can indeed be viewed as income requiring the proper filing with the IRS as well as whatever the judiciary requires.

2) This is where the gray area resides. Both Thomas and Alito have made no bones about their views on how laws should be constitutionally interpreted in their understanding - which runs averse to prior Court decisions and the vast majority of constitutional scholars and their interpretations. Those views are completely sympatico with the views of the oligarchs and scions of industry that they call their "friends," though in Thomas' case, he only befriended these people once he'd ascended to the SCOTUS itself. Most did not predate his appointment.

In this sense I can understand how both of the men view themselves as "impartial" when faced with court cases, but at this point - based on their own voting records and court opinions - I find it near impossible for any sober person to say that either isn't "biased" by the preformed beliefs. And they find themselves wholly unable to accept any legal merit or standing in rulings or arguments they have previously openly come out against. So it isn't that their benefactors are nakedly trying to purchase any particular rulings in their favor, they're only expressing both past and future thanks for rulings to come down the pike.

And Thomas has been particularly insidious in his later court opinions and statements, telling right wing attorneys and judges how to frame specific cases in the future which will allow him and other Federalist jurists to overturn precedence based on their already established and preformed belief in how the law should work towards their desired ends. So in both Thomas' and Alito's world views, they're quite vocal about having already reached their decisions and aren't in the least open minded on specific topics of law. They will never take other circumstances or individuals into consideration because their minds are closed to any conclusion that doesn't meet their predetermined outcome. And that is why they should have no place on the SCOTUS.

#11 | Posted by tonyroma at 2024-05-27 09:46 PM | Reply | Newsworthy 3

So, Justice Thomas seemed to say, pay me more.

And Billionaires, some of whom had cases before SCOTUS?, stepped up to the challenge.

And, as a side comment, Chief Justice of the United States Roberts seemed to be OK with this?

#12 | Posted by LampLighter at 2024-05-27 09:48 PM | Reply

to expand on Tony's 11, IMO, there is nothing wrong with a justice having preconceived biases towards the law, that is human.

The problem comes from them using their power to usurp the authority of the other 2 branches of government, which they are doing more and more.

And that is scary.

#13 | Posted by truthhurts at 2024-05-27 09:51 PM | Reply

crooked.com

Listen to today's podcast, while these 3 women are admittedly left leaning, they are also brilliant and accomplished law professors.

Alito's action has at least one of them calling for his impeachment (despite their obvious distaste for the man, they have never advocated for impeaching him).

just goes to show how bad things are becoming.

#14 | Posted by truthhurts at 2024-05-27 09:53 PM | Reply | Newsworthy 1

"Chief Justice of the United States Roberts seemed to be OK with this?"

The Roberts Court is like the W Presidency:
Somebody else is in charge.

#15 | Posted by snoofy at 2024-05-27 10:09 PM | Reply | Newsworthy 1

@#11 ... In this sense I can understand how both of the men view themselves as "impartial" when faced with court cases, ...

In my view, it is not "impartial" when facing court cases.

It seems to be how such opinions may be expressed based upon the money and luxury presented to them.

I fall back the my opinion of "perception of bias" as opposed to "proven bias."

#16 | Posted by LampLighter at 2024-05-27 10:12 PM | Reply

@#13 ... to expand on Tony's 11, IMO, there is nothing wrong with a justice having preconceived biases towards the law, that is human. ...

I agree.

But, where I start to have an issue occurs at the point when money seems to try to affect those biases.

#17 | Posted by LampLighter at 2024-05-27 10:14 PM | Reply

Alito's action has at least one of them calling for his impeachment

It has to be mentioned that the worst sins of Alito and Thomas may be their open scorn for Americans that don't ascribe to their beliefs of tacit "white male supremacy" stemming from an unnatural reliance on trying to decide cases in 2024 based on erroneous understandings of the Founders' original purposes back in the 18th Century. Their rulings further empower those already holding the majority of it while mockingly demeaning and discounting the lives and liberties of Americans falling outside the white Christian ethos of "us" versus "them," with "them" being everyone not ascribing to their particular worldview.

No judge should express open scorn towards entire groups of people whose cases will come before them. And no judge should be so openly and nakedly "zero sum," showing a complete inability of finding compromise both worthwhile or justified in many hot button cases.

But heretofore, the public appearance judges display were supposed to be completely non-biased and non-judgemental. That is simply not the case with Alito and Thomas. Both readily display their bias and lack of impartiality over and over again. And that is why it's easy to understand why fair people believe both should be removed from the Court.

#18 | Posted by tonyroma at 2024-05-27 10:24 PM | Reply | Newsworthy 1

money seems to try to affect those biases.

IMO money doesn't affect their biases. It coincides with the desires and ends of their benefactors and that's why it's offered. Money can't influence a person's decision when they've already established what those decisions are and will be once appropriate cases comes before them.

#19 | Posted by tonyroma at 2024-05-27 10:28 PM | Reply

@#18 ... No judge should express open scorn towards entire groups of people whose cases will come before them ...

Agreed.

#20 | Posted by LampLighter at 2024-05-27 10:39 PM | Reply

My opinion is that Thomas and Alito are irredeemably corrupt. A functioning democracy should not put up with the level of blatant bribe taking and obvious tax fraud. The arrogance they display is just icing on the cake.

I learned today from the Strict Scrutiny podcast something that is very worrying and emblematic of what is going on with this court.

The racial gerrymandering case was decided (on a 6-3 basis) in such a way as to make racial gerrymandering lawsuits impossible in the future. this will enable racist republicans to gain unbeatable supermajority in many states. Essentially destroying democracy.

And it gets worse, Thomas' concurrence is taking aim at POPULATION gerrymandering cases. If Thomas has his way states could put all of the blue voters in one district and the rest (no matter how few people) in red districts. Thus, a state with say 15 congressmen, 14 would be republican and 1 would be democratic. And with state gerrymandering, the state could be 60-40 democrat to republican (like Wisconsin). It's the one person one vote concept where districts have to have roughly equal population. Prior to the past court cases Thomas wants to overturn in the south you literally had 50% black states with 1 black representative.

Wisconsin is able to fight it's way back from the ridiculously unrepresentative democracy when the state finally elected a majority dem state SC. But in the future, if Thomas has his way, the State SC's couldn't fix these blatantly undemocratic congressional maps.

This is the result of ------- winning in 2016, Dobbs was the first but will not be the last obscenity foisted on the American people. (check out my thread on the real effects of the Dobbs decision btw). We could see the destruction of the fundamentals of our democracy, already abominated by the electoral college denying equal representation expanded to the HoR by radical gerrymandering.

#21 | Posted by truthhurts at 2024-05-27 10:44 PM | Reply

@#19 ... Money can't influence a person's decision when they've already established what those decisions are ...

I disagree on that.

A person's decisions are dependent upon a person's goal.

If a person's goal is to be whisked around the world on a luxury jet then, I'd say, the offering of such a luxury may affect that person's decisions.

In other words...

Is the decision being made upon moral grounds? I.e., a Judge staying true to the law.

Or...

Is the decision being made based upon the cool (and desired) things being proffered?

Your comment seems to address the former, but not the latter.

I am yet to be convinced that is the appropriate conclusion here.

But I do admire your alias for taking the more skeptical route.




#22 | Posted by LampLighter at 2024-05-27 10:47 PM | Reply

Whattaya gonna DO about it?

These guys have a watertight ticket to ride.

They are political heavyweights. More powerful than mere elected officials.

Why do we as Americans have credibility about freedoms and checks and balances when our own system is as corrupt as it is?

Why do we judge other countries on this?

Call their elections illegitimate or shams for dictatorship?

What makes the US so damn special anyway?

#23 | Posted by Effeteposer at 2024-05-27 10:49 PM | Reply

BTW to be clear what Alito and the conservative justices are doing IS legislating from the bench. They are FAR exceeding their authority under the Constitution be it accepting cases that have no injured party-meaning there is nothing to adjudicate or the Major Questions doctrine or the cherry picked application of Originalism. They are usurping the power of the legislature. They are telling congress how they are permitted to spend money and in what ways they can delegate their authority and they are telling the executive branch how they can enforce the laws in ways that they have no authority to do.

And make no mistake about it, they are coming for abortion rights nationwide. Mifepristone could be stripped from women this coming month either in full or in part. And they will not stop there.

Watch the 5th district for the future of our country's laws.

#24 | Posted by truthhurts at 2024-05-27 10:49 PM | Reply | Newsworthy 2

This is the result of ------- winning in 2016

Bingo! Lots of talk about the 2024 election being the most important in history, but it was actually 2016.

2016 was America's "Brexit".

#25 | Posted by REDIAL at 2024-05-27 10:50 PM | Reply | Newsworthy 2

www.filmsforaction.org

Carlin understood it Lamp

consider his argument in terms of the SC

#26 | Posted by truthhurts at 2024-05-27 10:51 PM | Reply

#25

Yeah. But Hillary would have been much worse... don't 'cha know.

#27 | Posted by Corky at 2024-05-27 10:52 PM | Reply

I mean, imagine the SC Justices she would have picked... OAC, Sen Jeffries, Satan, lol.

#28 | Posted by Corky at 2024-05-27 10:53 PM | Reply

OAC, Sen Jeffries, Satan, lol.

Both Obamas.

#29 | Posted by REDIAL at 2024-05-27 10:55 PM | Reply

Not Bill, though. Too many skirted law clerks.

#30 | Posted by Corky at 2024-05-27 10:56 PM | Reply

@#23 ... What makes the US so damn special anyway? ...

Was that comment on the talking points issued?

#31 | Posted by LampLighter at 2024-05-27 10:57 PM | Reply

@#24 ... BTW to be clear what Alito and the conservative justices are doing IS legislating from the bench. ...

Yup.

At this point, I feel the need to add this obligatory comment...

Republicans often erroneously accuse Democrats of doing the exact things they do.


#32 | Posted by LampLighter at 2024-05-27 11:01 PM | Reply | Newsworthy 1

"Whattaya gonna DO about it?"

that's the question isn't it?

Are Americans going to accept the regressive revolution being thrust upon them?

Will Americans get tired of being powerless?

At what point will the American people give up on the institutions of this country? THAT of course is a goal of the authoritarians-the state doesn't work, only a strong man can protect you!!

When our institutions fail, we become slaves or revolution occurs.

Alito might be surprised to learn that there is another power in the land beyond the federal government, the SC and the military.

November or January could be the breaking point, whether ------- wins OR Biden wins. Neither side is ginned up to accept the results. The alternative could be January 6 on steroids. The SC will not be exempt from being held accountable if the revolution is destructive enough. They will have enabled the regressive revolutionaries more than enough by their actions towards -------. Their sins won't be forgotten and MAYBE they will have a last minute come to jesus moment on their responsibility. Unlikely though, there types rarely accept blame.

As I see it, our country's BEST chance is a Biden blow out victory. That is not even a sure thing as Magats do not live in the real world. they will NEVER accept a loss. But if enough Americans come together to REJECT MAGA, we JUST MIGHT SURVIVE>

------- wins? God help us.

Biden wins narrowly? Well let's hope the Republican foot soldiers balk from the results of January 6.

My biggest fear is that the republicans will fix the election. They're already trying to with lawsuits like the one in Mississippi that may try to strip mail in ballots across the country

#33 | Posted by truthhurts at 2024-05-27 11:01 PM | Reply | Newsworthy 1

People shoulda listened when the voters said Hillary was skank.

Instead they stole the Nom from Bernie and anointed Hillary.

Karma gave us Trump.

The second election of Trump would seem to prove America really isn't Exceptional in any way at all, just another corrupt Kleptocracy among dozens.

#34 | Posted by Effeteposer at 2024-05-27 11:03 PM | Reply

@#24 ... Watch the 5th district for the future of our country's laws. ...

That depends upon who is in the Oval Office and the majority in the Senate.

At this point, it looks like Judge Cannon of Florida could be appointed by the President Trump to the Supreme Court.

Take a step back, and think about that....

#35 | Posted by LampLighter at 2024-05-27 11:03 PM | Reply

@#24 ... BTW to be clear what Alito and the conservative justices are doing IS legislating from the bench. ...
Yup.
At this point, I feel the need to add this obligatory comment...
Republicans often erroneously accuse Democrats of doing the exact things they do.

#32 | POSTED BY LAMPLIGHTER

The student debt relief case is a PERFECT example.

There was NO injured party.

Being NO injured party there is NO standing.

No standing=no case.

that is law 101.

If republicans wanted to stop student relief, they could have passed a law.

The SC legislated student debt relief.

FFS Biden should just go ahead and act like the case never happened and direct the treasury or whomever to get rid of the debt and make the SC come after him.

------- would do it.

#36 | Posted by truthhurts at 2024-05-27 11:06 PM | Reply

- stole the Nom from Bernie

Only in your vivid imagination.

He lost by a LANDSLIDE... not something that could have been rigged.

Of course, Don Juan Trump took the "rigged Election!" whine from BBros who refused to listen to Bernie about who to vote for... Trump ran with it, and now look what happened!

#37 | Posted by Corky at 2024-05-27 11:06 PM | Reply

Take a step back, and think about that....
#35 | POSTED BY LAMPLIGHTER

5th Circuit justices are FAR worse. Judge Ho

or the Northern District Court of Texas
Judge Matthew J. Kacsmaryk

These guys are literally the worst and are auditioning for Alito and Thomas' spots

Jonathan Mitchell is auditioning for AG

#38 | Posted by truthhurts at 2024-05-27 11:10 PM | Reply

" The problem comes from them using their power to usurp the authority of the other 2 branches of government, which they are doing more and more."

Can you provide a couple of examples of this?

#39 | Posted by BellRinger at 2024-05-27 11:11 PM | Reply

I'd be willing to bet every 5th circuit judge can answer basic questions about the constitution unlike some of Biden's nominees.

#40 | Posted by BellRinger at 2024-05-27 11:12 PM | Reply

...can answer basic questions about the constitution unlike some of Biden's nominees.

An example being?

#41 | Posted by REDIAL at 2024-05-27 11:14 PM | Reply | Newsworthy 1


The student debt relief case is a PERFECT example.
There was NO injured party.
Being NO injured party there is NO standing.
No standing=no case.
that is law 101
~ TruthHurts.

Can we quote you on this later?

Regardless this is a false statement Missouri had standing. It would have lost $44Million.

#42 | Posted by oneironaut at 2024-05-27 11:14 PM | Reply

@#36

My comment said, "At this point, I feel the need to add this obligatory comment...
Republicans often erroneously accuse Democrats of doing the exact things they do."

And your reply is...

... The student debt relief case is a PERFECT example.

There was NO injured party. ...


OK, so, please help me here.

How is the "no injured party" aspect (with which I may not disagree, but...) have anything to do with my comment about. "Republicans often erroneously accuse Democrats of doing the exact things they do."

I am at a loss here.


#43 | Posted by LampLighter at 2024-05-27 11:15 PM | Reply

@#39 ... Can you provide a couple of examples of this? ...

Coming from your current alias, that request it precious.

#44 | Posted by LampLighter at 2024-05-27 11:17 PM | Reply

#44. I'm not asking for a link. Just an example. I can run down a link myself, ankle biter.

#45 | Posted by BellRinger at 2024-05-27 11:21 PM | Reply

#41 Redial,

Here is one example:

" Sen. Kennedy stumps Biden judicial nominee with basic questions about Constitution"

www.nbcnews.com

#46 | Posted by BellRinger at 2024-05-27 11:23 PM | Reply

" FFS Biden should just go ahead and act like the case never happened and direct the treasury or whomever to get rid of the debt and make the SC come after him."

He's already been doing that. Tens of billions AFTER SC shot him down. You would have lost your mind if Trump had done something similar, as would I.

Every taxpayer has standing because that's where the "debt relief" is being transferred to.

#47 | Posted by BellRinger at 2024-05-27 11:27 PM | Reply

@#46 ... Here is one example: ...

Thanks for finally posting some manner of substantiation of what your current alias proffers.

OK, there was a Democratic-nominated Judge who had a problem with that.

Got a link showing how many Judges (regardless of who nominated them) have a similar problem, i.e, answering the question(s) the Senate poses to them?


Why do I ask?

Context is important.


#48 | Posted by LampLighter at 2024-05-27 11:39 PM | Reply

" The problem comes from them using their power to usurp the authority of the other 2 branches of government, which they are doing more and more."
Can you provide a couple of examples of this?

#39 | POSTED BY BELLRINGER

The student debt relief case. There was no injured party. no injured party no standing, no standing no judicial authority to render an opinion.

The Student Debt relief case plaintiff Metola or whomever wasn't even aware they were a party to the case.

The mifepristone case. The ridiculousness of a group claiming a possible, maybe could be harm in the future is laughable. Yet the SC took the case

those are just two examples of the SC taking cases they had no authority to take and are therefore legislating on those issues.

I will NOT spend 10 posts refuting the lies that you are about to tell about these cases.

#49 | Posted by truthhurts at 2024-05-27 11:40 PM | Reply | Newsworthy 2

Every taxpayer has standing because that's where the "debt relief" is being transferred to.

That's not how standing works in this case you braindead moron. Even in Missouri, the actual entity standing to lose money did not sue for relief! Their name and status was used by others NOT in the MHELA who wanted nothing to do with the lawsuit. missouriindependent.com

You've been told ad nauseum that zero money was spent by Biden for his loan foregiveness programs. He used the statutory authority given the Secretary of Education to alter loan repayment because of the emergency caused by the pandemic. And on that score, it would appear that only Congress has the standing to sue because they're the only entity who wrote the law in the first place and they should be the only authority entitled to define how it's applied, not the SCOTUS.

I can't believe something this simple evades your limited reasoning abilities, but then again, most everything does so I shouldn't be surprised.

#50 | Posted by tonyroma at 2024-05-27 11:40 PM | Reply | Newsworthy 2

#43 | POSTED BY LAMPLIGHTER

I was not arguing a point with you I was expanding on my previous statement.

#51 | Posted by truthhurts at 2024-05-27 11:41 PM | Reply

Wow, I saw this OpEd...

OpEd: The sham of judiciary nomination hearings (2017)
www.acslaw.org

... *These remarks were given by Senator Whitehouse during a Senate Judiciary Committee Nomination Hearing on November 1, 2017

Our Senate Judiciary nominations hearings, I believe, have become something of a joke. Nominees come to us readied for our hearings by "murder boards" that taught them how to withstand all five minutes of questioning by Senators. Nominees are often packed into panels, so a Senator's five minutes get spread across multiple nominees. The questioning of nominees is often simple and rote. A fundamental premise in the proceedings is that there is inevitably "law" that can be impartially applied to "facts," and there endeth the lesson.

The falsity of this premise can be shown in two words: Merrick Garland. If judging were all about impartial application of law to facts, why the desperate effort to stop the most qualified judge to be nominated to the Supreme Court in our lifetimes? Why does the Supreme Court majority of five Republican appointees rule so predictably on so many issues important to big Republican interests? Why did candidate Trump need to make a list of whom he'd appoint to the Court to get conservative backing? Why are gobs of political dark money spent by special interests to push for the confirmation of judicial nominees? All of this political behavior around judicial appointments belies the notion that it's just about impartially applying law to facts. Yet we're supposed to accept the pretense.

The pretense is belied not just by political behavior, but also by what practicing lawyers experience day to day. Of many possible examples, here are particularly obvious ones. ...


#52 | Posted by LampLighter at 2024-05-27 11:43 PM | Reply

"He's already been doing that. Tens of billions AFTER SC shot him down."

Calmly responding.

No he is not.

He is using OTHER laws, like 20 year payers and veterans relief programs (iirc-they might be something else) but he is using OTHER laws to give debt relief.

#53 | Posted by truthhurts at 2024-05-27 11:43 PM | Reply | Newsworthy 1

Tony @50 well stated.

#54 | Posted by truthhurts at 2024-05-27 11:45 PM | Reply

#50. That you honestly believe POTUS has the power to wipe away 1.4 $Trillion with the stroke of a pen is amazing. The left correctly went ballistic when Trump did a $10 Billion end around Congress for all funding. Trump is apparently a piker when it comes to doing an end around Congress' power of the purse.

#55 | Posted by BellRinger at 2024-05-27 11:48 PM | Reply

#49. I'm familiar with the student debt issue as it's been discussed ad nauseum. I'll look into the other one. It's barely on my radar.

#56 | Posted by BellRinger at 2024-05-27 11:50 PM | Reply

Basic basic basic law

A court adjudicates cases where the party/parties have standing.

Standing comes from being injured by the actions of another.

therefore, no injury=no standing=no case.

You cannot sue someone for a theoretical injury in the future.

you cannot sue someone because you do not like their face

you cannot sue someone for being a dick.

A state cannot sue the federal government if the federal government's actions did not cause a harm to the state

In the Student Debt relief case, some state AGs sued using MOHELA as an injured party because of theoretical losses in revenue they would incur due to the debt relief

MOHELA DID NOT want to be party to the lawsuit

prospect.org

The documents are internal emails from the Missouri Higher Education Loan Authority (MOHELA), a student loan servicer that conducts day-to-day operations on federal student loans. Its role in the student debt case is central: The state of Missouri, one of the plaintiffs, is claiming that MOHELA will lose revenue as a result of debt cancellation, and therefore would be unable to repay money into a Missouri state fund that funds in-state schools.

That claim has been called into question. In Supreme Court oral arguments, it was revealed that MOHELA hasn't made a contribution to that fund in 15 years; MOHELA has also said in its own financial documents that it doesn't plan to make any payments in the future. Furthermore, an analysis from the Roosevelt Institute and the Debt Collective shows that MOHELA stands to gain revenue if debt cancellation goes forward, because it received additional servicing rights and its liability on certain accounts would be extinguished.

Read that again.

Furthermore, an analysis from the Roosevelt Institute and the Debt Collective shows that MOHELA stands to gain revenue if debt cancellation goes forward,

It is CLEAR that the SC had NO authority to take this case.

THAT IS THE DEFINITION OF LEGISLATING

TELLING THE LEGISLATURE HOW TO SPEND MONEY

#57 | Posted by truthhurts at 2024-05-27 11:52 PM | Reply

#49. From what I read in the link below it looks as if SCOTUS took the case primarily to determine if the complainants have standing to even bring the case.

www.scotusblog.com

#58 | Posted by BellRinger at 2024-05-27 11:55 PM | Reply

And it gets worse, Thomas' concurrence is taking aim at POPULATION gerrymandering cases. If Thomas has his way states could put all of the blue voters in one district and the rest (no matter how few people) in red districts.

The fact remains that these antebellum conservative troglodyte judges continue to invent their ruling rationales out of the ether. Gerrymandering wasn't possible when the Founders wrote the Constitution because only white landowners had the right to vote anyway. But by everything we know of our Founders, they never intended for elections to be influenced by elected politicians picking their voters instead of voters choosing their elected representatives.

And to add insult to injury, Thomas believes that gerrymandering for political purposes is fully constitutional, and with this new ruling, all any legislature need do is say that the lines they draw are based on partisan reasons, not race - when every statistic know to man shows that Black Americans vote Democratic more than 80+ percent of the time! There is no difference between moving Black voters to diminish their power to elect someone of their choosing and moving Black voters to dilute Democratic representation within given districts. The two are one in the same and it's the height of intellectual dishonesty to dismiss this obvious fact as Alito does.

He has no legal basis for this decision but for his lifelong advocacy of the same that happens to disproportionately empower the partisan actors whom he wants empowered.

#59 | Posted by tonyroma at 2024-05-27 11:57 PM | Reply | Newsworthy 1

#57. Except that it isn't the legislature spending money. Had Congress passed a bill relieving these debts and POTUS signed it into law these lawsuits wouldn't be happening.

#60 | Posted by BellRinger at 2024-05-27 11:57 PM | Reply

#50. That you honestly believe POTUS has the power to wipe away 1.4 $Trillion with the stroke of a pen is amazing. The left correctly went ballistic when Trump did a $10 Billion end around Congress for all funding. Trump is apparently a piker when it comes to doing an end around Congress' power of the purse.

#55 | POSTED BY BELLRINGER

If the legislature gives the POTUS that authority yes. Congress give the POTUS the power to spend a hell of a lot more than that.

They did give him that authority.

They had ample opportunity to stop him.

He announced his intention on the campaign trail.

He announced the program during his presidency.

He enacted the program.

At any point Congress could have said NO.

At any point Congress could have sued to stop him.

Congress chose not to.

The SC decided otherwise. The SC decided that THEY can tell Congress how to delegate their spending power.

It shouldnt even be up for debate, but here we are.

As an aside, why do you need to lie and state 1.4 trillion when the figure was $430 billion?
www.ncsl.org
See jeff, you wonder why I get nasty with you.

#61 | Posted by truthhurts at 2024-05-27 11:58 PM | Reply

#59. Gerrymandering has been around for a long time and was performed to the benefit of Dems goigng back decades. It wasn't until the GOP began winning state elections tha5 it all of a sudden has become some existential threat. Personally I hate the practice and I'd like all of thestates to adopt something along the lines of what California has done.

#62 | Posted by BellRinger at 2024-05-28 12:00 AM | Reply

That you honestly believe POTUS has the power to wipe away 1.4 $Trillion with the stroke of a pen is amazing.

That you refuse to understand that only CONGRESS has the standing to question a statute it wrote that clearly gives the Sec ED the power to do what's enshrined in the law is only par for your pitiful course. No one ever empowered the SCOTUS to micromanage Congress. They are to call balls and strikes, not dictate who pitches and bats.

The second you show me limiting language in the law that clearly prohibits such an act is the only time I would agree with your laughable premise. There is no such language in the law, and no basis for the SCOTUS to take the case, much less dictate how the law can be used and applied. Congress did not sue over this. That alone speaks more loudly than anything you might say.

#63 | Posted by tonyroma at 2024-05-28 12:02 AM | Reply

" As an aside, why do you need to lie and state 1.4 trillion when the figure was $430 billion?
www.ncsl.org"

I was referring to all of the student loan debt. The only limitations so far have been self imposed by the Biden administration. The only means Congress really has to prevent this that I'm aware of is impeachment.

#64 | Posted by BellRinger at 2024-05-28 12:02 AM | Reply

Tony Roma,

Are you familiar with judicial review? That Congress sometimes writes laws that violate the Constitution. See: McCain- Feingold.

#65 | Posted by BellRinger at 2024-05-28 12:04 AM | Reply

Gerrymandering has been around for a long time and was performed to the benefit of Dems goigng back decades.

That has ZERO to do with this discussion. You ask for examples and when given them immediately stoop to irrelevant bothsiderism.

I won't bother to answer you again because you don't want to discuss actual facts and law, you want to stick your tongue out and act like a baby. You deserve to be treated with scorn because you treat us with scorn by ignoring the very information provided because your ignorant ass asked for it!

#66 | Posted by tonyroma at 2024-05-28 12:07 AM | Reply | Newsworthy 2

The point jeff is that the trajectory of this court is to COMPLETELY dismantle any and all restrictions on gerrymandering, Thomas wants to even do away with POPULATION gerrymandering.

Think about the impact of that for just a couple of seconds.

A republican state majority can shove all of the democrats into one district and have republicans take all of the remaining seats. Do you think that is democratic? Do you think that is how our country should operate?

Rural states already have power WAY out of balance with population in the Senate and the Presidency. This would take that model to the HoR.

You would literally have a dictatorship of the minority since it would essentially be impossible to thwart (since lawsuits would go away). that would allow a permanent supermajority in states.

Yes democratic states could also do that but it would greatly reduce the voting power of the vast majority of Americans.

#67 | Posted by truthhurts at 2024-05-28 12:07 AM | Reply

The only means Congress really has to prevent this that I'm aware of is impeachment.

#64 | POSTED BY BELLRINGER

Or, get this, pass a law. Or sue him in court.

Biden is interpreting and implementing the laws as he understands them.

#68 | Posted by truthhurts at 2024-05-28 12:09 AM | Reply

See: McCain- Feingold

Another sterling example of judicial advocacy. Show me where in the history of the United States prior to the Citizens ruling where the spending of money for paid media was considered synonymous with free speech?

There is no history. The Roberts Court made it up out of thin air. No history, no precedence, just another results oriented decision empowering those with the most money to get what they want regardless of the harm it brings to the democratic process of elections.

#69 | Posted by tonyroma at 2024-05-28 12:10 AM | Reply | Newsworthy 1

Tony Roma,
Are you familiar with judicial review? That Congress sometimes writes laws that violate the Constitution. See: McCain- Feingold.

#65 | POSTED BY BELLRINGER

YAWN

Standing is a legal doctrine applied by Article III courts to determine whether a prospective plaintiff in a case has suffered a legal injury as the result of an action by the defendant. Plaintiffs must first demonstrate standing in order to obtain judicial review of their complaint.

Plaintiffs must first demonstrate standing in order to obtain judicial review of their complaint.
Plaintiffs must first demonstrate standing in order to obtain judicial review of their complaint.
Plaintiffs must first demonstrate standing in order to obtain judicial review of their complaint.
Plaintiffs must first demonstrate standing in order to obtain judicial review of their complaint.
Plaintiffs must first demonstrate standing in order to obtain judicial review of their complaint.

#70 | Posted by truthhurts at 2024-05-28 12:13 AM | Reply

'" Standing limits participation in lawsuits and asks whether the person(s) bringing a lawsuit, or defending one, has enough cause to "stand" before the court and advocate, since not anyone can go to court for any reason. To have standing, a party must show an "injury in fact" to their own legal interests.

To have standing, a party must show an "injury in fact" to their own legal interests.
To have standing, a party must show an "injury in fact" to their own legal interests.
To have standing, a party must show an "injury in fact" to their own legal interests.
To have standing, a party must show an "injury in fact" to their own legal interests.
To have standing, a party must show an "injury in fact" to their own legal interests.

#71 | Posted by truthhurts at 2024-05-28 12:14 AM | Reply

@#51 ... I was not arguing a point with you I was expanding on my previous statement. ...

Thanks for the follow-up.

The context helps me to understand.

thx.

#72 | Posted by LampLighter at 2024-05-28 12:14 AM | Reply

NOW go back to the student loan forgiveness case and tell me who had standing?

#73 | Posted by truthhurts at 2024-05-28 12:14 AM | Reply

@#55 ... That you honestly believe POTUS has the power to wipe away 1.4 $Trillion with the stroke of a pen is amazing. ...

Yet the MAGA folk seem to think that POTUS can magically seal the border, to the extent they block any bi-partisan effort to resolve (or at least, significantly reduce) the border problem.

#74 | Posted by LampLighter at 2024-05-28 12:19 AM | Reply

@#62 ... Gerrymandering has been around for a long time and was performed to the benefit of Dems goigng back decades ...

I do not disagree that gerrymandering has a long history.

And that both parties have exploited it.

So, please explain to me why the current GOP use of it is beneficial to voters' rights.

Or, does your current alias just think we should carry forward the prejudices of our past?

Serious question.


#75 | Posted by LampLighter at 2024-05-28 12:23 AM | Reply

Here is one example:

My bad. I thought were were talking about SCOTUS nominees.

#76 | Posted by REDIAL at 2024-05-28 12:24 AM | Reply

" Show me where in the history of the United States prior to the Citizens ruling where the spending of money for paid media was considered synonymous with free speech?"

Writing a book is protected by 1A. Getting it published requires money. Printing flyers and pamphlets to be hand distributed costs money. Bulk mailers cost money.

60 days prior to an election was an arbitrary number Congress came up with. If SC had said that was okay a future Congress could expand it to 730 days if it chose. Congress does not have the power to decide when 1A applies and when it doesn't.

#77 | Posted by BellRinger at 2024-05-28 12:25 AM | Reply

" My bad. I thought were were talking about SCOTUS nominees.

#76 | POSTED BY REDIAL AT 2024-05-28 12:24 AM | FLAG: "

NO. Sorry for the confusion.

#78 | Posted by BellRinger at 2024-05-28 12:25 AM | Reply

" Or, does your current alias just think we should carry forward the prejudices of our past?"

If you read #62 in it's entirety you will see that I already answered that question.

#79 | Posted by BellRinger at 2024-05-28 12:27 AM | Reply

" Standing is a legal doctrine applied by Article III courts to determine whether a prospective plaintiff in a case has suffered a legal injury as the result of an action by the defendant. Plaintiffs must first demonstrate standing in order to obtain judicial review of their complaint."

That is not what I was referencing with judicial review:

" Judicial review is the idea, fundamental to the U.S. system of government, that the actions of the executive and legislative branches of government are subject to review and possible invalidation by the judiciary. Judicial review allows the Supreme Court to take an active role in ensuring that the other branches of government abide by the Constitution."

www.law.cornell.edu

#80 | Posted by BellRinger at 2024-05-28 12:31 AM | Reply

And just to be clear, after loan forgiveness MHELA stood to make MORE MONEY when all factors were considered:

After President Biden's proposal is enacted, MOHELA's direct loan revenue will actually be larger than at any prior point in the company's existence, 88 percent higher than the previous year. Should the Supreme Court affirm the plaintiffs' suit, they would not only be sanctioning a judicial process devoid of basic fact-checking; they would potentially be establishing a "no feet" theory of standing - in which plaintiffs can file suit based on claims untethered to actual, factual harms.

The lawsuit did not go through the normal procedure. Rather, it was heard as part of the Supreme Court's granting of "certiorari before judgment" (Bouie 2022) - that is, taking on a case before lower courts have issued final judgments, making it less likely that "the factual and legal issues have been resolved to the maximum extent possible" (Vladeck 2022). The frequent issuance of certiorari in the past few years has troubling implications for the Supreme Court's exercise of power. It's considered emblematic of the rise of the "shadow docket," a collection of orders and decisions the court issues without full briefing or explanation (Baude 2015; Vladeck 2019).

In this case, after a George W. Bush-appointed district court judge dismissed the lawsuit against student debt relief, the Eighth Circuit issued a national injunction, effectively stopping the administration from canceling any student debt until the case is resolved. However, instead of being heard by the Eighth Circuit, which would have forced the plaintiffs
to verify the factual basis of their claims, this case skipped directly to the Supreme Court.

MOHELA's bottom line would actually improve after millions of cancellations are processed. This information suggests that the plaintiffs' claim for standing, already widely acknowledged as extravagant, is even weaker than previously considered, if not completely baseless.

rooseveltinstitute.org

The above paragraphs fully encapsulates the anti-constitutional machinations of the Roberts Court and their failure to follow the very procedures that protect defendants from fact-free rulings such as this.

Now Bellringer, if you cannot see that the SCOTUS has been fully wrong for multiple reasons and precedence regarding their ruling, there truly is no help for you to be anything but the blind partisan you show us you are every single day. You'd be hard-pressed to find a more egregious example of judicial activism from the beginning to end of this case. Their decision is unsupportable because of how they took it up, ignored statistical facts in favor of non-confirmed conjectures, and short circuited the normal process such cases take before reaching the SCOTUS.

They won't fast track cases involving Trump's criminality and insurrection prior to his re-election attempt, yet they fast track this garbage argument while sidelining the actual fact-finding path for the allegations a lower court adjudication would have established and then ignored that the state stood to make more money from cancellations than they would from remittances.

#81 | Posted by tonyroma at 2024-05-28 12:33 AM | Reply

" Judicial review is the idea, fundamental to the U.S. system of government, that the actions of the executive and legislative branches of government are subject to review and possible invalidation by the judiciary. Judicial review allows the Supreme Court to take an active role in ensuring that the other branches of government abide by the Constitution."
www.law.cornell.edu

#80 | POSTED BY BELLRINGER

Yes jeff, that is a given.

The point being is that judicial review is limited to cases that have standing.

If Congress passes a law that is both unconstitutional AND harms NO ONE, the court cannot adjudicate it.

A court can ONLY adjudicate cases that have standing.

#82 | Posted by truthhurts at 2024-05-28 12:35 AM | Reply

81 continued

And before someone asks the stupid question as to how MOHELA would make 88% more money if loans were cancelled, it's because they're paid MORE MONEY to service cancellations than they are for handling repayments.

The premise of harm was a LIE, full stop. The basis for standing did not exist. One cannot be harmed by an act that increases your revenues beyond that of the status quo. If the case had been properly adjudicated at the 8th Circuit, these facts would have been established, making it impossible to reach Roberts' opinion. They knew this, and this is exactly why they circumvented the normal process to achieve their desired result - especially in an election year.

#83 | Posted by tonyroma at 2024-05-28 12:40 AM | Reply

Now Bellringer, if you cannot see that the SCOTUS has been fully wrong for multiple reasons and precedence regarding their ruling, there truly is no help for you to be anything but the blind partisan you show us you are every single day. You'd be hard-pressed to find a more egregious example of judicial activism from the beginning to end of this case. Their decision is unsupportable because of how they took it up, ignored statistical facts in favor of non-confirmed conjectures, and short circuited the normal process such cases take before reaching the SCOTUS.
They won't fast track cases involving Trump's criminality and insurrection prior to his re-election attempt, yet they fast track this garbage argument while sidelining the actual fact-finding path for the allegations a lower court adjudication would have established and then ignored that the state stood to make more money from cancellations than they would from remittances.

#81 | POSTED BY TONYROMA

Don't forget Kennedy vs Bremerton school district where the court ignored factual evidence to reach their judgement.

#84 | Posted by truthhurts at 2024-05-28 12:42 AM | Reply

And again:

Standing to challenge governmental action on statutory or other non-constitutional grounds has a constitutional content to the degree that Article III requires a "case" or "controversy," necessitating a litigant who has sustained or will sustain an injury so that he will be moved to present the issue "in an adversary context and in a form historically viewed as capable of judicial resolution

constitution.findlaw.com

No standing=no case.

Full Stop

#85 | Posted by truthhurts at 2024-05-28 12:43 AM | Reply

@#79 ... If you read #62 in it's entirety you will see that I already answered that question. ..

I did not see the answer your current alias seems to think is in that comment.

Indeed, in my #75 I actually question the very post your current alias refers to. (do try to keep up)


But at this point, I am taking a step back and beginning to wonder about the apparent, and out-of-norm, dense participation of your current alias' in this current thread.

Please don't take this wrong. I always like a good joust.

But is seems to be unusual to see your current alias being so determined to show its ignorance here.

That's why I ask, why this thread, and why this evening?


#86 | Posted by LampLighter at 2024-05-28 12:46 AM | Reply

But is seems to be unusual to see your current alias being so determined to show its ignorance here.

That's why I ask, why this thread, and why this evening?

Why any thread at any time?

#87 | Posted by tonyroma at 2024-05-28 12:48 AM | Reply

@#81 - 85

My guess, at this point, is that you think that the current alias you are replying to is either willing or capable of understanding a differing opining than it professes.

My comment, at this point...

Good Luck With That.

And, fwiw, that is why I am extremely concerned about November 2024. ...

#88 | Posted by LampLighter at 2024-05-28 12:51 AM | Reply | Newsworthy 1

Tangentially, I'm sick and tired of hearing about how the 9 SCOTUS judges all "get along". I'm seriously in doubt that I could happily mingle with coworkers who openly subvert the Constitution and the constitutional processes - including adherence to stare decisis and other long established precedences - especially those that granted equal rights and access to groups long denied such by once "legal" prejudices and majority practices abandoned because we've evolved into more enlightened and less judgmental beings.

I can't decide whether I'd prefer to see multiple resignations to force the issue into the front of the presidential race immediately with the justices going full-throated in public about the SCOTUS' dive into fascism and baseless protection of the most criminal man to ever attain the White House, or whether lamentations like Sotomayor's pick up traction and energize the non-Trump voters in understanding that the things they now take for granted may be gone like the wind should Trump emerge victorious in November.

Maybe having a couple open SCOTUS seats laying in the balance for this election might focus the public on the fact no one can afford another 4 years of Trump heading this government on his personal bloodquest for revenge.

#89 | Posted by tonyroma at 2024-05-28 01:01 AM | Reply | Newsworthy 1

This is an interesting thesis (from what I've read so far) as to why standing should be expanded.

www5.austlii.edu.au

#90 | Posted by BellRinger at 2024-05-28 01:10 AM | Reply

Tony, the problem is that even if successful in 2024, there is still 2028 and 2032 to worry about and that is only to stop things getting even worse.

Thomas and Alito can stay at least another 10 years (assuming they are still alive). So we are talking about staving off a disaster that will last 30-50 years of a conservative supermajority for a few years and PRAYING that Alito and/or Thomas die in the meantime.

2016 truly screwed our country and we are at the beginning of the pain. We have yet to even imagine the damage they will do. Dobbs was the low hanging fruit. Look at the Thomas concurrences to see where things will be 10 years from now-voting rights-GONE, LGBTQ rights-GONE, contraception-GONE, nationwide abortion ban-Definitely

To think ------- put 3 justices on the court and if re-elected will put at least 5 of the 9 justices.

It boggles the mind.

#91 | Posted by truthhurts at 2024-05-28 01:12 AM | Reply

" Tangentially, I'm sick and tired of hearing about how the 9 SCOTUS judges all "get along"

It's not required. Yet, the late Ginsburg and the late Scalia were very close friends in spite of their obvious differences in judicial philosophy.

#92 | Posted by BellRinger at 2024-05-28 01:12 AM | Reply

jeff goes to some Australian research paper for his argument.

Unbelievable.

#93 | Posted by truthhurts at 2024-05-28 01:13 AM | Reply

Tony, I get the distinct impression that Kagan, Sotomayor and Brown-Jackson are not Alito fans. If you listen between the lines in oral arguments and often out right stated in their written arguments, they do not agree with Alito as a person.

#94 | Posted by truthhurts at 2024-05-28 01:15 AM | Reply

@#90 ... This is an interesting thesis (from what I've read so far) as to why standing should be expanded. ...

Look at your current alias...

Actually, for a change, posting a link.

And admitting that it may have actually read part of that link.

Can you say, "giant step forward?" I knew you could.


#95 | Posted by LampLighter at 2024-05-28 01:18 AM | Reply

This is an interesting thesis (from what I've read so far) as to why standing should be expanded.
www5.austlii.edu.au

#90 | POSTED BY BELLRINGER A

As an observation it is hardly likely that jeff was able to actually read and understand even the gist of a 29-page legal argument about Australian law in the 20 minutes or so since his previous post when at least a good chunk of that time would have been him googling "Standing in Court cases"

He is not a serious poster.

#96 | Posted by truthhurts at 2024-05-28 01:18 AM | Reply

Look at your current alias...
Actually, for a change, posting a link.
And admitting that it may have actually read part of that link.
Can you say, "giant step forward?" I knew you could.

#95 | POSTED BY LAMPLIGHTER

Believing something jeff wrote is not a winning strategy.

#97 | Posted by truthhurts at 2024-05-28 01:19 AM | Reply

This is an interesting thesis (from what I've read so far) as to why standing should be expanded.

Again, spending time on what YOU want instead of internalizing that which proves you a liar, hypocrite and fool all at once.

Read this entirely - rooseveltinstitute.org - and see why the argument you make regarding student loan foregiveness is fatally wrong and baseless. The SCOTUS broke so many precedences and short circuited the fact-finding process to arrive at their unconstitutional decision. I know you want Biden to be wrong for implementing loan foregiveness, but both the law and precedence are on his side, not yours. And most importantly, those who used MOHELA as their basis for standing were never forced to support their argument of foregiveness bringing harm. It was actually just the opposite and I don't see anything disputing the facts and figures noted in the above paper.

#98 | Posted by tonyroma at 2024-05-28 01:22 AM | Reply

@#93 ... jeff goes to some Australian research paper for his argument. ...

But it posted a link.

Let us at least acknowledge that major leap forward in participation for that current alias.

I mean, wow.

A link.


Trying to substantiate with it said.

A link.

Wow.

I'm doing a happy dance here.

/s


#99 | Posted by LampLighter at 2024-05-28 01:22 AM | Reply

#98. JFC. Calm down, Tony Roma.

I introduced the link because I thought it might be interesting. That is it. I didn't introduce it as some kind of authority on the issues being discussed on this thread.

#100 | Posted by BellRinger at 2024-05-28 01:24 AM | Reply

He is not a serious poster.

You don't have to be to win an Eberly Award.

#101 | Posted by REDIAL at 2024-05-28 01:25 AM | Reply | Funny: 2

" Read this entirely - rooseveltinstitute.org -

I'll give it a look. I will say this, the first thing that jumped out at me is that the authors of the piece don't have any kind of legal background.

Is this really the best source you have to advance a legal/constitutional argument?

#102 | Posted by BellRinger at 2024-05-28 01:32 AM | Reply

" As an observation it is hardly likely that jeff was able to actually read and understand even the gist of a 29-page legal argument about Australian law in the 20 minutes or so ... ."

Which I acknowledged in the part of my comment you reproduced.

#103 | Posted by BellRinger at 2024-05-28 01:33 AM | Reply

Bellringer, how do you feel about the fact that you swallowed the standing lie hook, line and sinker? Haven't you learned that conservatives twist anything and everything to fit whatever their ends are? That's the basis of my disgust with the Roberts Court. They say that they're making proper legal rulings based on the Constitution while in the same breath they cut corners, ignore facts and okey-doke specious standings where none exist.

The service contract that MOHELA agreed to with the federal government says this:

It is important to note that Federal Student Aid (FSA)'s 2021 servicing contract modifications for all servicers explicitly states that FSA can remove any number of contracts from servicers, at FSA's "sole discretion." As a contractor, MOHELA agreed not to "object to or protest FSA's allocation or reallocation of existing borrower loans, and further waives and releases all current or future claims against [FSA] . . . regarding its current allocation decisions and methodology for existing borrower loans" (FSA 2021).
This is why Biden had the statutory authority to do whatever he wanted to within the language of the prevailing law. MOHELA wasn't owed anything regarding their servicing of student loans, and certainly weren't owed any deference to any actions taken at the federal level.

If you disagree, please formulate an argument detailing why. Seems pretty cut and dried to me.

#104 | Posted by tonyroma at 2024-05-28 01:36 AM | Reply

Is this really the best source you have to advance a legal/constitutional argument?

You are an ignorant ---- and you'll remain an ignorant ----. There really isn't a constitutional argument here about standing as much as its a misuse of data argument, which in and of itself removes all claims of standing based on settled law. The paper uses statistics and calculations to undermine the basis for standing: that MOHELA stood to be harmed should loan forgiveness be implemented as Biden wanted. That is simply not true, and the paper shows the calculations and numbers making the case that MOHELA stands to make more money had the plan been implemented due to the fee structures already in place. And please do not forget, MOHELA is only a processor, they are not the lender themselves and are owed no money but for the services they provide for FSA.

The paper also cites prevailing statutory restrictions upon the contract between MOHELA and FSA as I posted above. In no universe would MOHELA have standing for a lawsuit against FSA on this issue - which is likely why they weren't a named party to the lawsuit itself. They would have been in violation of their contract if they challenged any decisions around the loans MOHELA oversees.

The more I learn, the madder I get at Roberts for thinking we citizens are merely rubes as he runs roughshod over precedence and process in the name of furthering nakedly partisan outcomes from the bench.

#105 | Posted by tonyroma at 2024-05-28 01:46 AM | Reply

@#105 ... You are an ignorant ---- and you'll remain an ignorant ----. ...

I'm not yet convinced of that, at this point.

Yeah the comments posted, well, yeah.

But I've seen an intelligence behind those comments.

An evil intelligence? I've not yet determined that.

In other words, be careful of those with whom you choose to joust.


#106 | Posted by LampLighter at 2024-05-28 01:53 AM | Reply

Tony Roma,

By the legal arguments I've seen a future president could reimpose forgiven debt under the statutory authority being argued.

#107 | Posted by BellRinger at 2024-05-28 02:04 AM | Reply

#106 Lamplighter,

You are too kind. You overstate my intelligence and understate my evil.

#108 | Posted by BellRinger at 2024-05-28 02:05 AM | Reply

I'm being redundant but I think this sums up the argument as to whether statutorily Biden has the right to forgive student loans. It seems pretty clear in the contract language of MOHELA that logically he does:

Federal Student Aid (FSA)'s 2021 servicing contract modifications for all servicers explicitly states that FSA can remove any number of contracts from servicers, at FSA's "sole discretion."

As a contractor, MOHELA agreed not to "object to or protest FSA's allocation or reallocation of existing borrower loans, and further waives and releases all current or future claims against [FSA] . . . regarding its current allocation decisions and methodology for existing borrower loans" (FSA 2021).

Seems like allocation or reallocation are directly synonymous with giving loans to MOHELA or taking them away, and forgiveness is certainly taking them away.

I'd like someone to produce any language limiting what the Sec ED can or cannot do with these loans. The aforementioned language seems crystal clear to me. The Fed can do anything it's not statutorily prohibited from doing as it regards these loans. Except the SCOTUS seems to ignore this language as easily as they ignored the 8th Circuit's role in establishing facts like these before the SCOTUS hears the case.

#109 | Posted by tonyroma at 2024-05-28 02:10 AM | Reply

I've seen a future president could reimpose forgiven debt under the statutory authority being argued.

Wrong. Loans are legally binding contracts. Once legally forgiven by the lender, they cannot be unilaterally reinstituted later. A forgiven loan is dead. A President can no more reinstitute a forgiven loan as they can remove pardons and commutations given by past Presidents.

Where do you get these whack ideas from?

#110 | Posted by tonyroma at 2024-05-28 02:13 AM | Reply

" Once legally forgiven by the lender"

In most of these cases the government wasn't the lender.

If memory serves, the complete takeover of student loans was an ACA tack-on. While it should have been challenged right then and there, it wasn't. So here we are now with POTUS doing what was unthinkable (to the point that Pelosi herself said POTUS didn't have the authority) and, yes, I'm go8mg to say it, corruptly buying votes via tens of billions in wealth transfers, with zero congressional appropriation, by canceling loans for no other reason than vote buying.

Yes, I shifted gears as the argument of enumerated power has become circular. I am not conceding Biden's actions pass constitutional muster. I can provide my own sources that persuasively argue that they don't. If you want me to, I will.

#111 | Posted by BellRinger at 2024-05-28 02:32 AM | Reply

@#111 ... If memory serves ...

Got links?

I mean it is not that I do not trust what your current alias calls "memory," but....

OK, well, lemme change that... yeah, your current alias really needs to substantiate what it asserts.


#112 | Posted by LampLighter at 2024-05-28 02:38 AM | Reply

In most of these cases the government wasn't the lender.

Wrong again as usual.

Federal student loans are made by the government, with terms and conditions that are set by law, and include many benefits (such as fixed interest rates and income-driven repayment plans) not typically offered with private loans.

studentaid.gov

And it's rich that you quote Pelosi here when you're favorite quote on the passage of the ACA was her saying "We have to pass it first to figure out what's in it" - meaning the ACA. Unless there was limiting language placed into the law when written Pelosi's thoughts on the subject are moot.

And more on point is that we're back to standing. MOHELO is a SERVICER, not a lender. They have no money at risk except the fees they collect for administering loan repayment collections given to them by the federal government. They are under contract as having ZERO power nor control over the federal government giving or taking loans away from them at any time for any reason, nor can they file any lawsuits disputing what the federal government does with THEIR loans, period.

And for the record, you can cry all you want about buying votes, but every single direct action of Congress that has financial ramifications with a specific group of taxpayers can be viewed as buying votes. It's obviously NOT against any law this nation has unless there is a direct and unmistakable tie in - which in this case there isn't. This case has plaintiffs without standing. It couldn't be clearer based on the contracts themselves, not your hyperbolic idiocy. Student loan recipients come from all political persuasions including non-voters. To assume forgiveness of any individual's loan means a vote for Biden this fall is baseless beyond argument and cannot be quantified because the answer is a complete unknown. Case in point: Trump's COVID checks to American households. How'd that "vote buying" scheme turn out in 2020? Nary a single Democrat made a peep about the relief as "buying votes" because Democrats typically don't decry anytime the federal government steps in to financially assist non-wealthy American households and families live better lives under improved financial conditions.

#113 | Posted by tonyroma at 2024-05-28 05:03 AM | Reply

I feel ya Sonya. They are going to drive me out of the country...

The U.S. is getting to be a worse and worse place to retire.
Expat retirements are BOOMING...

#114 | Posted by earthmuse at 2024-05-28 10:15 AM | Reply

In most of these cases the government wasn't the lender.
Wrong again as usual.
- tontRona

Timeline matters...

If memory serves, the complete takeover of student loans was an ACA tack-on.
- bellringer

True....

President Obama promoted the enactment of a federal takeover of student lending as part of the legislation which created the Affordable Care Act in 2010. At that time, Obama proclaimed that by cutting out the "middleman", taxpayers would save $68 billion. Banks would no longer underwrite student loans and the federal government would directly lend to students.

Every one of Obama's promises turned out to be untrue. The program didn't save any money. Loan defaults increased

edworkforce.house.gov

#115 | Posted by oneironaut at 2024-05-28 10:42 AM | Reply

'm sick and tired of hearing about how the 9 SCOTUS judges all "get along".

I could never get along with someone who openly mocked the confirmation process and perjured themselves to get on the bench.

The hell with differences of opinion. I have friends that have a different opinion on taxes and military spending. But I could not tolerate anyone with an opinion "If a woman has to die or become sterile to protect a clump of cells that's okay" or "A frozen embryo is a child". Those are just ------ up.

BTW, take a baby and place it in a freezer and sees if it survives.

It won't. BECAUSE A FROZEN EMBRYO IS NOT A CHILD.

#116 | Posted by Nixon at 2024-05-28 11:56 AM | Reply | Newsworthy 1

47. No. The tax payer is not aggrieved. If you took the time to read the student loan relief, you would know you don't qualify unless you have already repaid at least the original amount of the loan. The government is not writing any checks. No more money odds changing hands. It is only foregoing future interest payments.

I for one am totally fine with the tax payer not having to pay more interest to the government. It is a form of a tax cut, with actual people needing such a tax break the most, getting one. If I lend someone 20 dollars and they pay me back 20 dollars, souls I be screaming that they didn't give me 24 dollars?

#117 | Posted by ABH at 2024-05-28 01:29 PM | Reply

"They are going to drive me out of the country..."

Guess thats better than being driven to drink.

...

The U.S. is getting to be a worse and worse place to retire.
Expat retirements are BOOMING...

#114 | POSTED BY EARTHMUSE

If I wasn't married with children and grandchildren probably would have wandered off to the French Riviera years ago.

#118 | Posted by donnerboy at 2024-05-28 02:21 PM | Reply

Think I'm heading Ireland way...
1/4 Irish on me mum's side, close to other countries in
Europe I want to visit.

The thing I loved about Ireland,
Smiling faces and laughing people everywhere.

No political BS to have to put up with on the tele
for the most part (certainly not the nightly deluge
we have here in the states). Everyone is happy,
going out to the pubs or to restaurants. And the climate,
MUCH more conducive to me and my heart condition.

Don't know. Will depend how the politics goes.
Trump wins, and I'm almost certainly out.
He loses, I may stay...

#119 | Posted by earthmuse at 2024-05-28 03:13 PM | Reply

If serving on the Court causes her so much anguish, why doesn't she retire and let Biden appoint a 40 year old triathlete? She's literally gambling the future of this country for nothing.

#120 | Posted by JOE at 2024-05-28 03:20 PM | Reply

NOW go back to the student loan forgiveness case and tell me who had standing?

#73 | Posted by truthhurts at 2024-05-28 12:14 AM | Reply | Flag

The greatest Democrat strategist of my lifetime just said you and your President are stupid.

www.mediaite.com

#121 | Posted by lfthndthrds at 2024-05-28 03:43 PM | Reply

118. I've been in France ... mostly Paris 9 times. I love it. Oh my kids weren't still high school aged? We would have been gone. I'd by some tiny vineyard and drink all the wine

#122 | Posted by ABH at 2024-05-28 04:20 PM | Reply

The greatest Democrat strategist of my lifetime just said you and your President are stupid.

www.mediaite.com

#121 | Posted by lfthndthrds

Joining the cult of the worlds most obvious con man means you surrender your ability to ever insult anyone else's intelligence.

#123 | Posted by SpeakSoftly at 2024-05-28 04:31 PM | Reply

Joining the cult of the worlds most obvious con man means you surrender your ability to ever insult anyone else's intelligence.

#123 | POSTED BY SPEAKSOFTLY AT 2024-05-28 04:31 PM

Carville is part of the Trump cult now?

#124 | Posted by lfthndthrds at 2024-05-28 05:08 PM | Reply

Lfthndturds is a proud Trumper.

#125 | Posted by ClownShack at 2024-05-28 05:09 PM | Reply

Carville is part of the Trump cult now?

#124 | Posted by lfthndthrds

No he's not nearly dumb enough.

#126 | Posted by SpeakSoftly at 2024-05-28 05:12 PM | Reply

NOW go back to the student loan forgiveness case and tell me who had standing?
#73 | Posted by truthhurts

Missouri had standing. It would have lost $44Million.
#42 | POSTED BY ONEIRONAUT

#127 | Posted by oneironaut at 2024-05-28 05:47 PM | Reply

Another key issue in the case was whether the states challenging the program had "standing" to sue, which requires them to have suffered an injury as a result of the loan forgiveness plan. The court rightly ruled that Missouri, at least, had standing because it has a state-created student-loan servicer that stands to lose revenue if some of the loans it processes are forgiven. An injury to that entity is an injury to the state, because it's a public corporation "created" and under to control of the state, and a "part of the Government itself."

The court also rightly ruled that the administration's ultra-broad interpretation of the HEROES Act ran afoul of Supreme Court precedent on the "major questions" doctrine. The doctrine requires Congress to "speak clearly" when authorizing an executive branch agency to exercise "decisions of vast economic and political significance.'" In other words, if the statute is ambiguous, courts must presume that Congress didn't give the agency the power the agency is trying to claim.
www.cnn.com

#128 | Posted by oneironaut at 2024-05-28 05:51 PM | Reply

#127

No they didn't and they wouldn't have lost a penny. Try reading the posts above. Missouri only serviced the loans the federal government allocated to them, and they would have made MORE money servicing the cancellations.

Try reading posts 81, 104, and 109. The state of Missouri never had standing. Only the state organization handling federal loans (MOHELA) would have, but the contract they sign with FSA tells them that they have no discretion over how loans are given or taken away for any reason whatsoever. The contract also states that MOHELA will not sue FSA for anything, and they signed it in order to participate in the federal servicing program.

Lastly, MOHELA was not a party to the lawsuit against Biden, and if the case had been heard in the 8th Circuit before the SCOTUS shadow docketed it away from the usual appeal process, the above facts would have destroyed all the plaintiff's claims for standing.

Educate yourself, that's what this thread is about.

#129 | Posted by tonyroma at 2024-05-28 05:57 PM | Reply

"...ran afoul of Supreme Court precedent on the "major questions" doctrine."

Can you refer me to the section of the Constitution that gives the SC this authority?

#130 | Posted by truthhurts at 2024-05-28 06:02 PM | Reply | Newsworthy 1

The court also rightly ruled that the administration's ultra-broad interpretation of the HEROES Act ran afoul of Supreme Court precedent on the "major questions" doctrine.

You do realize that the Constitution did not give the SCOTUS the power to reinterpret written laws, only to adjudicate whether those laws pass constitutional muster. This is judicial activism at its finest - the SCOTUS telling Congress what its laws actually mean. It's lunacy and only used towards the ends and goals of conservatives, never for any progressive ends.

Again, the SCOTUS made its ruling without any actual establishment of the facts underlying the case because they refused to let the case work its way up the appeals process like cases are supposed to. There was no need to fast track something that affected the lives of no one other than those receiving relief. States were going to be paid more servicing cancellations than they were loan payments as documented fully here: rooseveltinstitute.org

The plaintiffs never had standing based on the facts, not the politics.

#131 | Posted by tonyroma at 2024-05-28 06:04 PM | Reply | Newsworthy 2

Odd how Democrats are content when some like the "Wise Latina" can tout their ethnicity as though it is special and privileged while others in society are ridiculed only because of their ethnicity. Move on folks to freedom and equality for all, and away from the crazed obsessed Democrats. Maybe give her a special rainbow too.

#132 | Posted by Robson at 2024-05-28 07:52 PM | Reply

Let me drop this truth bomb on the thread removing any doubt that based on what the plaintiffs claimed as grounds for standing to sue was not only inaccurate, it was a bald-faced lie which would have come out in the appeals process if the Roberts Court hadn't hijacked this case onto their shadow docket.

In their brief to the Supreme Court, the six GOP attorneys general cited MOHELA's 2022 financial statement, showing it made $88.9 million in revenue from servicing 5.2 million federal direct loans, and then went on to argue that cancellation will harm MOHELA's revenues. But MOHELA's own internal impact analysis anticipates that after cancellation is complete, it will make $8,096,002 a month, or $97,152,024 annually, servicing federal direct loans (see Appendix 3). This is more than a 9 percent increase, even without including the 2
million loans transferred to MOHELA since August 2022. In other words, even MOHELA admits that it will not be financially harmed by cancellation.

The reality is that MOHELA will actively benefit from cancellation. 9 MOHELA and other servicers will receive additional revenue to process the Biden administration's cancellation plan, which is not reflected in our figure above. MOHELA's current contract pays $11.49 per account to process a discharge, but MOHELA will likely be paid significantly more under the
Biden cancellation plan. We have pending Sunshine Law requests about contract modifications that include payments for processing discharge under this plan. Based on the January 31, 2023, account information we received from MOHELA, we estimate that MOHELA will be processing reductions or complete discharges for 5,319,138 unique borrowers. If we take the conservative approach and use the $11.49 per discharge under its current contract, MOHELA would get a windfall of over $61 million.

rooseveltinstitute.org

And please note, the argument here isn't really about the SCOTUS' interpretation of the law in question; it's that by no way or measure can the plaintiffs claim standing when there is no underlying harm. In fact, the plaintiffs example stands to gain millions of dollars more should the forgiveness law become enacted.

Unless the above financial numbers are false, there was simply no standing for the case to be tried, especially by the SCOTUS itself. They accepted the case because the facts were never established in any court through the rules of evidence. The SCOTUS bought the lie, fast-tracked the case, then issued a ruling that never should have happened based on one of the simplest tenets of jurisprudence.

#133 | Posted by tonyroma at 2024-05-28 09:10 PM | Reply | Newsworthy 1

#132 | POSTED BY ROBSON

You're ridiculed by your lack of intellect.

Sucks to be you, pal.

#134 | Posted by LegallyYourDead at 2024-05-29 12:40 AM | Reply

#128 | POSTED BY ONEIRONAUT

---- off, Jeffy.

#135 | Posted by LegallyYourDead at 2024-05-29 12:41 AM | Reply

More factual information regarding the Roberts Court's tacitly extralegal adjudication of this case:

The lawsuit did not go through the normal procedure. Rather, it was heard as part of the Supreme Court's granting of "certiorari before judgment" (Bouie 2022) - that is, taking on a case before lower courts have issued final judgments, making it less likely that "the factual and legal issues have been resolved to the maximum extent possible" (Vladeck 2022). The frequent issuance of certiorari in the past few years has troubling implications for the Supreme Court's exercise of power. It's considered emblematic of the rise of the "shadow docket," a collection of orders and decisions the court issues without full briefing or explanation (Baude 2015; Vladeck 2019).

In this case, after a George W. Bush-appointed district court judge dismissed the lawsuit against student debt relief, the Eighth Circuit issued a national injunction, effectively stopping the administration from canceling any student debt until the case is resolved. However, instead of being heard by the Eighth Circuit, which would have forced the plaintiffs to verify the factual basis of their claims, this case skipped directly to the Supreme Court. This means that the Republican attorneys general trying to stop student debt cancellation for 43 million borrowers have at no point been obliged to verify the basic facts of this case.

Instead, rigorous and factual review has been incumbent on the efforts of citizen-researchers like ourselves, who rely on basic Freedom of Information prerogatives to complete an analysis that would otherwise have been taken up by legal research teams. As a result, the Supreme Court risks making a ruling affecting millions of people's lives without essential, accurate information.

rooseveltinstitute.org

There should be no reasons for this SCOTUS to short circuit the briefing and fact establishment normally done before the SCOTUS hears cases. It's abhorrent that this Chief Justice is a party to adjudicating cases with nationwide ramifications based on unchallenged "facts" easily proven 100% false.

There is nothing about this ruling that should be considered "legal." It's an intentional, extralegal misuse of "certiorari before judgment" that allowed the conservatives on this court to quickly reach a finding for which the parties suing invented the foundational harm that must exist for them to have standing to file a lawsuit in the first place. These jurists didn't get their degrees yesterday. They know when they're allowing unchallenged and unestablished "facts" to pave the way to rule as they want to when the law precludes them if it were followed to the letter.

There was no overripe legal reason for skipping the fact establishment step in the appeals process. This was a naked misuse of the Court's power, used to forward the conservatives desired ends during a contentious election cycle. Don't just blame Alito and Thomas for this type of dreck. Roberts is as deeply involved in these non-constitutional machinations as are the rest of the assenting justices.

#136 | Posted by tonyroma at 2024-05-29 08:13 AM | Reply

So the rightwing SC justices are liars and cheats just like Donald Trump? Why are they doing this? Because they can. A combination of might makes right lifetime tenure. If we had any sense, the tactics of this SC should drive all Americans to tears.

#137 | Posted by Gal_Tuesday at 2024-05-29 08:35 AM | Reply | Newsworthy 1

well I had hoped someone here was going to talk about the 3 SC justices who recused themselveso on some case.

having to do with them ? the court?

--when I don't have time to look up stuff I expect you people to have it here for me..

do a better job next time will ya ??

#138 | Posted by shrimptacodan at 2024-05-29 04:39 PM | Reply

" Most did not predate his appointment."

You're being kind.

None pre-dated his appointment.

And, as soon as he strays off, he'll never be invited back again. No one knows that better than Clarence "RV for free" Thomas.

#139 | Posted by Danforth at 2024-05-30 03:43 AM | Reply

Comments are closed for this entry.

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