The Volokh Conspiracy
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Supreme Court Rejects Missouri's Attempt to Sue New York Over Trump Prosecution
Insofar as the justices split, it was due to long-standing disagreement over the nature of the Court's original jurisdiction.
This morning, as expected, the Supreme Court rejected the state of Missouri's attempt to sue the state of New York over the prosecution of Donald Trump and the imposition of a gag order during the pendency of appeals. Missouri had filed a motion for leave to file a bill of complaint against New York in the Court's original jurisdiction. To call the underyling legal theory aggressive would be an understatement (something about how the state law prosecution of a presidential candidate unconstitutionally inhibits the ability of Missouri voters and electors to support the candidate of their choice). Missouri invoked the Court's original jurisdiction by styling this as a dispute between one state and another, and thus sought to bring this suit, in the first instance, in the Supreme Court.
The justices are not having it. The order reads in full:
Missouri's motion for leave to file a bill of complaint is denied, and its motion for preliminary relief or a stay is dismissed as moot. Justice Thomas and Justice Alito would grant the motion for leave to file the bill of complaint but would not grant other relief.
This means the Court split 7-2 over whether Missouri should be allowed to file its bill of complaint, but was unanimous in rejecting Missouri's request for relief in this case. (In other words, Justices Alito and Thomas would let Missouri make their case, but would not grant any of Missouri's requested relief, which included enjoining the gag order imposed on Trump by New York courts.)
No doubt some commentators will read this order as an indication that Justices Alito and Thomas believe that Missouri's filing had merit. Those that do so will show they know very little about the Supreme Court's original jurisdiction and the long-standing debate over whether the Court has jurisdiction to reject bills of complaint filed by states against other states.
The reason that Justices Thomas and Alito dissented form the denial of Missouri's motion for leave to file the bill of complaint is because they believe that when a state seeks to invoke the Court's original and exclusive jurisdiction, the Court is obligated to hear the case. This is also not a new view. See, for instance, this dissent by Justice Thomas, joined by Justice Alito, in Arizona v. California. It reads in relevant part:
The Constitution establishes our original jurisdiction in mandatory terms. Article III states that, "[i]n all Cases . . . in which a State shall be [a] Party, the supreme Court shall have original Jurisdiction." §2, cl. 2 (emphasis added). In this circumstance, "[w]e have no more right to decline the exercise of jurisdiction which is given, than to usurp that which is not given." Cohens v. Virginia, 6 Wheat. 264, 404 (1821) (Marshall, C. J., for the Court).
Our original jurisdiction in suits between two States is also "exclusive." §1251(a). As I have previously explained, "[i]f this Court does not exercise jurisdiction over a controversy between two States, then the complaining State has no judicial forum in which to seek relief." Nebraska v. Colorado, 577 U. S. ___, ___ (2016) (opinion dissenting from denial of motion for leave to file complaint) (slip op., at 2). Denying leave to file in a case between two or more States is thus not only textually suspect, but also inequitable.
The Court has provided scant justification for reading "shall" to mean "may." It has invoked its "increasing duties with the appellate docket," Arizona v. New Mexico, 425 U. S. 794, 797 (1976) (per curiam) (internal quotation marks omitted), and its "structur[e] . . . as an appellate tribunal," Ohio v. Wyandotte Chemicals Corp., 401 U. S. 493, 498 (1971). But the Court has failed to provide any analysis of the Constitution's text to justify our discretionary approach.
Justice Thomas raised this concern when Nebraska and Oklahoma sought to file a bill of complaint against Colorado over marijuana legalization too.
As I have noted before, Justice Thomas is making a serious argument, and one which I suspect may be correct. Note that this would not mean that the Court has to actually hear oral argument. Rather it would mean that the Court has to accept the bill of complaint and resolve it on the merits—something that would be quite easy to do in a case like this, but might be more difficult in other contexts (e.g. the dormant commerce clause). I suspect the justices do not want to open this door lest they invite other filings in the sorts of cases they prefer to see percolate up through the lower courts, but it is not clear to me the Constitution gives the Court that choice.
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Agree that the suit had no merit
and likewise Missouri had no standing.
Standing is not the question. The Supreme Court seems to have simply decided not to hear the case because it didn’t want to, which seems odd. But granting leave to file and then throwing the case out for lack of standing on a motion for summary judgement seems sensible.
They should’ve thrown it out sua sponte, rather than requiring briefing.
Your response gets at the question I have regarding Thomas’s position on original jurisdiction:
Procedurally, what is the difference between (1) denying leave to file and (2) allowing filing as a matter of right, then sua sponte dismissing a case that is obviously meritless?
It seems like, either way, the Court has (i) given all the process that is due, and (ii) effectively opined on the substantive question. It doesn’t strike me as all that dissimilar from a trial court denying in forma pauperis status and rejecting a filing (made without a fee) on the basis that the filing is meritless.
This is an honest non-rhetorical question, though. I simply don’t know enough about SCOTUS practice to be able to evaluate the question. If anyone knows, I would welcome an answer and/or informed speculation.
“what is the difference between (1) denying leave to file and (2) allowing filing as a matter of right, then sua sponte dismissing a case that is obviously meritless?”
What is the difference?
“We don’t want to hear that.” vs “You don’t have standing to bring that case.”
It might make no difference had the Supreme Court explicitly denied leave to file on the basis of standing, but that’s not what they did.
As a practical matter, no difference. But if the court permits the filing of the suit and then dismisses it, it has to give a reason for dismissing it. Lack of standing, failure to state anything remotely resembling a claim, whatever. Even if that’s just one sentence (“the case is dismissed for lack of standing”), it at least serves as a ruling.
I like your (and MatthewSlyfield’s) answer: that the difference is that they didn’t give their reasons, even as a one sentence statement that the state lacks standing.
I am still led to ponder, though: where does the requirement to give a reason in the case of a dismissal come from? I am thinking about state courts with mandatory appellate jurisdiction that sometimes just issue one-word “affirmed” orders; or trial courts that frequently issue checkbox “lacks merit” orders. These say even less than the one-sentence “lacks standing” explanation proposed here.
Practically speaking, courts do sometimes issue orders without express reasoning, figuring that the record speaks for itself. That may be a bad idea, but I am not sure that it amounts to a derogation of the duty to assume jurisdiction.
Of course, maybe I am missing something. I would feel differently if the Court is also denying leave to file in cases that have merit, such that a denial of leave cannot be taken as implying a “lacks merit” determination.
“Practically speaking, courts do sometimes issue orders without express reasoning, figuring that the record speaks for itself.”
On a denial of leave to file a case under the Supreme Court’s original jurisdiction, there is no record to speak for itself.
> there is no record to speak for itself.
On the docket I see (1) a motion for leave to file, (2) a brief in support of the motion, and (3) a proposed complaint. That strikes me as being just as much of a record as there is on a 12(b)(6) motion.
But I think the comment by Noscitur a sociis answers my question: the basis of denial of leave to file cannot necessarily be discerned from the record if they also deny leave to file potentially meritorious cases.
The issue you describe comes up in habeas cases sometimes: a state appellate court will indeed issue a ruling such as “affirmed” or “appeal denied” or the like. But on habeas, federal courts are required to decide not whether the state court decision was correct, but whether the state courts unreasonably applied Supreme Court precedent. So what to do? The way the Supreme Court has decided that those cases be handled is that in those situations, the federal courts are to “look through” the state appellate decision to the “last reasoned opinion” on the claim to determine the basis for the appellate court’s claim.
That of course does not answer your question directly; even if it actually applied directly to SCOTUS, nothing in that requires any court, let alone SCOTUS, to give reasons for any of its decisions.¹ But as a matter of historical practice, SCOTUS does, even if it’s just DIG. SCOTUS understands that the judiciary’s ultimate power — it can’t enforce its rulings directly — comes from its ability to persuade. And turning a court into a coin that just says “affirmed” or “denied” without explanation vitiates that ability.
¹Actually, that’s not quite true. Sometimes an appellate court will vacate a lower court’s decision and order it to supply an explanation for that decision in order to facilitate appellate review.
It seems like while there is no practical difference between those two options, Missouri loses either way, accepting the case and dismissing it sua sponte is what is required by Article 3. I haven’t read a whole lot on the debate about this, but I don’t really understand why “…The Supreme Court shall have original jurisdiction…” means that they are required to accept the case. After all they turn down cases all the time where they clearly have jurisdiction.
I understand that they are the only forum where one state’s suit against another state can be heard, but I still don’t see why that means they have to accept every frivolous filing.
The phrase “shall have original jurisdiction” does not mean “shall exercise original jurisdiction.” In any event, the existence of original jurisdiction depends on there being a case or controversy. If there is no Article III standing, there is neither a case nor a controversy.
Many scholars, and also Thomas and Alito, think it does.
It’s also worth noting that while this case was never going anywhere given how dumb it was, the Supreme Court also declines to hear original jurisdictions cases that do have some merit to them.
Thank-you! Not only was that worth noting, I think it answers the substance of my question.
The SC didn’t give a reason for the denial but I would say it IS based on standing.
” . . . [i]n all Cases . . . in which a State shall be [a] Party . . . . ”
Just because MO submitted the petition doesn’t mean they are a Party to the case and have automatic standing.
They could/should have easily said MO lacks standing and therefore is not a party to the case.
Good point
I think this is what we call, “not even wrong”.
You’re a party to a case no matter if you have standing. Lots of complaints are dismissed on standing grounds but the plaintiffs are still parties.
Thanks and I stand corrected.
(The best thing about the Volokh Conspiracy is the free legal training!)
That’s literally what it means.
True. But lack of standing is grounds for dismissal, not grounds for a case not being filed in the first place.
(Er, I mean it ought to be grounds for a litigant not to file a case, but I mean it isn’t grounds for the court not to allow the case to be filed. There is no other context where that can happen. If I sue the IOC because I’m upset about the judges’ scoring of Simone Biles’s routine, the case does get filed. It gets immediately dismissed; it might get me sanctioned. But the court doesn’t say, “This suit can’t even be filed.”)
The lawyers who filed the motion may be lucky the Court merely denied the motion. The could have imposed sanctions on those lawyers (and on their client) and informed the relevant bar associations of the lawyers’ abuse of the judicial system.
I was in Missouri recently. Very close to the middle of nowhere. Some natural beauty. Some nice people. Few signs of modernity, education, progress, reason, or economic competitiveness (beyond a ridiculously oversized airport with Roy Blunt’s name all over it — funded, I would expect to learn, by taxpayers in better states). The “throwed rolls” were great, though. I’d invest in a Lambert’s.
And then Missouri offers Trump sanctuary and issues “shoot to kill” orders regarding any NY authorities attempting to seize him.
What’s SCOTUS do then???
NY authorities have no jurisdiction in Missouri, but US Marshal’s do.
One reason they don’t have standing is, if I understand it correctly, the conviction isn’t final until sentencing.
Merchan can still set aside the jury’s verdict, with or without prejudice, or order a new trial.
There is almost certainly going to be a new trial anyway, and he may want to get out ahead of it. Or he may decide to leave the toothless “convicted felon” tag on Trump for as long as possible.
Missouri had two separate complaints — one about sentencing, which isn’t ripe for the reason you say — and one about the gag order, which is ripe since the order is in place.
They decided this yesterday.
(“MONDAY, AUGUST 5, 2024”)
The matter was discussed a bit in the daily SCOTUS history thread. Ohio v. Wyandotte Chemicals Corp (written by Justice Harlan) is a major precedent for declining to take jurisdiction.
One reason given is that there is another avenue to obtain relief. New York in part argued that applied here.
I’m open to the Alito and Thomas approach though the net result here seems basically the same as if they accepted jurisdiction and then summarily rejected the petition.
OTOH, I respect Justice Harlan’s knowledge & at the time the general approach was unanimous. (Justice Douglas dissented in the specific case on the merits but later authored an opinion following the principle.)
“I suspect the justices do not want to open this door lest they invite other filings in the sorts of cases they prefer to see percolate up through the lower courts, but it is not clear to me the Constitution gives the Court that choice.”
Given the massive increase in “stunt” and “PR” filings done for purely political reasons (by partisans of the party not in control of the White House through the states), I think that the obvious answer is obvious.
While this might be an interesting theoretical question … albeit one that the Court has treated similarly for some time now … I am fairly certain that there is no great desire to incentivize more of this.
Not so sure that the obvious answer is correct, though. Obviously Missouri didn’t expect to win this suit; it was filed for the political reasons you mention. (Or maybe Bailey is auditioning to be AG if Trump gets elected.) The Supreme Court doing what it did does nothing to disincentivize such filings. Taking it and harshly rejecting it might have some marginal effect.
Well, I think that the PR value of these stunts diminishes when they aren’t even entertained as valid by the Supreme Court.
To be honest, one of the things that has bugged me the most about the Overton window issue (especially with a certain Circuit) is that there is no real disincentive about making arguments that would never get made in “regular” cases… you know, like asking for a preliminary injunction in a case under Title VII when you can be compensated with monetary damages. Because hey, you never know if the judges are just going to go with their feels that day, and have a big Ho Ho Ho laugh at the litigants’ expense.
ISWYDT.
Assuming it was filed only for “political reasons,” what is the greater sin? Filing a response to counter the politically motivated law fare obscenities or the politically motivated law fare obscenities themselves?
If only there were a way to not incentivize dumb lawsuits. Maybe something that rhymes with Lanctions.
Manctions? That’s not even a word.
Would not dismissal for want of a substantial federal question constitute a judgment on the merits?
Sure, if it was dismissed on those grounds, which is not what happened in this case.
In other news Harris picked Waltz to be her VP choice.
Waltz not only let BLM burn down large parts of Minneapolis, Harris encouraged donations to the Minnesota Freedom Fund that help bail out the BLM rioters.
Harris tweeted “Your support will help post bail for those protesting on the ground in Minnesota”
june 1 2020 3:34 pm
Secure . actBlue . com
Are you now opposed to bail for pre-trial detainees?
Letting uninterested 3rd parties post bail defeats the purpose of cash bail.
If the accused bolts, what does he care if some stupid leftists forfeit the bond.
The purpose of the bail money is to twist their arm to come back.
The purpose of bail is a gentlemen’s agreement that, when one party uses the power of government to hamper another, that other, usually wealthy (otherwise how could they possibly be a thorn in the side of some powerful person) gets to go sit at home while all of this corrupt BS continues and their seconds fight it out.
True, the people who posted Julian Assange’s bail were probably happy to lose their stakes.
That sounds like an empirical question. What does the evidence show about appearance rates depending on who posts bail?
Harris was scared to pick a Jew.
Harris passed over Shapiro, a reasonably effective governor of Pennsylvania and popular. That shows the anti-semites now rule the democrat party. Catering to the anti-semites.
If you are truly worried about anti-semites, I suggest you pick up a broom and start cleaning your own side of the street.
Because it is people on the right harassing jews on campus and demanding genocide in the ME? No, it’s idiot leftists.
You’re just jealous that she chose someone likeable. Not a fan of the guy-lining couch fucker, are you?
Chuck Schumer, Antony Blinken, Janet Yellen, Bernie Sanders, Merrick Garland, Doug Emhoff, Elena Kagan, JB Pritzker, Adam Schiff, Jon Ossoff all famous antisemites.
The whole charge of antisemitism thing is completely out of control. She didn’t choose Senator Kelly either, so she must hate the Irish, or twins, or astronauts, or some other stupid shit.
You really are this fucking stupid, aren’t you Joe?
Here I thought this whole time you were just putting on an act for everyone, but you are in fact utterly retarded to the point of deserving euthanasia.
No wonder you hide behind screen names and sock puppet accounts.
We halted the practice of eugenics too soon
I thought the JesusBlueEyes guy would be the first with this one.
Bob from Ohio might have been my next pick.
Thanks for the bigoted, superstitious, un-American view from our half-educated, bigoted, parasitic Republican backwaters, Bob from Ohio.
Bob, what lines of attack were you planning to use if she had picked Shapiro?
Was it going to be the middle road: “She’s just trying to reassure Israel supporters she’s not a pro-.Hamas radical.”
Or the low road: “She’s so anti-Semitic she had to pick a Jew to deflect.”
Or the lowest road: “He’s not really a Jew! Check his grandparents’ birth certificates!”
Hypothetical hypocrisy is the best-est hypocrisy!
Yeah but with you it’s not hypothetical.
Yep. Your bad faith is out and proud with your ‘scared to pick a Jew’ nonsense.
“nonsense.”
Its conventional wisdom dude. the large hamas wing of your party was again’ him.
Large Hamas wing.
Your faith ain’t getting gooder.
When I am savoring the imposition of accountability and justice on Israel’s theocratic, war-criming right-wing assholes, I will recall fondly the vital roles that myriad right-wingers — Netanyahu, Ben Givr, Smotrich, a bunch of Volokh Conspirators and their wingnut fans — had in (1) arranging the end of my country’s subsidization of those right-wing belligerents and (2) precipitating the end of Israel’s bigoted, theocratic, war-criming, terrorist conservative government.
So carry on, clingers . . . but only so far as your betters permit. Some of you seem destined to experience and learn that one the hard way.
Not the real retard ML here…
The leftist not very nice to Jew stuff was pretty brazen on twitter recently. It could be astroturfed….
I honestly assume everything from everyone is a psyop though.
I mean, there are assholes of every political stripe on twitter. I don’t think anyone will deny that leftist antisemites exist.
But they do not form a wing of the Democratic Party.
Meanwhile on this very Conspiracy, like 1/3 of the Big MAGA are full on Jewish Question Nazis.
Maybe not a full-on wing of the GOP either, but certainly a glass houses situation.
If we’re taking the universe of online posters, you could probably go tit-for-tat on right-wing and left-wing antisemitism for a real long time. But the fundamental difference between the two groups is this:
The antisemitic left, at least in the US and online, is broadly opposed to the Democratic Party, electoralism, and actual effective direct action. They embrace performative sacrifice. You can trick a left-wing antisemite into boycotting anything if you say “settler-colonialism.” Instead of making effective points they say shit like: Free Hawaii. They’ll critique power instead of wielding it, decline to vote and decline to firebomb a Walmart.
The antisemitic right by contrast is actually interested in wielding power. They’ll get on republican staffs, be members of conservative think-tanks and mainstream conservative news outlets. Nick Fuentes can’t have dinner with Donald Trump without some extremely high level connections. They’re in deep. But they’re also patient. They have no problem waiting and using regular politics to see what they can get. And of course they have accelerationists, but those guys, shoot up synagogues and Walmarts
This seems either naive or disingenuous. There are plenty of leftist antisemites who are not only interested in wielding power, but actually doing it by, e.g., holding congressional seats.
I agree with N-a-s here. Is there an anarchist left out there? Sure. But that’s a really tiny subset even of the left, let alone of society as a whole. The vast bulk of even the far left takes “democracy” to the level of a fetish. The DSA exists, the Squad exists. And often their staffs are farther left than they are.
Hey, it was a question, and you’re not limited to my suggested answers.
Perhaps you would have heartily and sincerely applauded her decision, while civilly pointing out that your approval does not outweigh your disagreements with them on policy?
If you say that’s what you were planning to say, I’ll pretend to believe you.
Look at the bright side, folks. Now that I’ve moved to Ohio I cancel out Bob’s vote. It’s like he never voted. Ain’t that something?! Last autumn when we voted on our referendums, Bob’s goes into his booth at Tractor Supply and mutters, ‘No abortions for you, bitches.’ And, upstate, Hobie enters his booth and mutters, ‘That’s what you think, Bob.’
Jokes on you. I didn’t vote last year.
Very pro-life.
Great comment at a white, male, bigot-hugging, conservative blog that publishes a daily dose of right-wing antisemitism.
And written by one of this blog’s prominent bigots from America’s bigoted, can’t-keep-up backwaters!
Ah yes, anti-Semitism by proxy.
When was the last time the Volokh Conspiracy did not publish at least a few bigoted posts and/or comments? Five years? Ten years?
Anyone want to guess how many vile, explicit racial slurs this blog — starting with its proprietor, including its carefully cultivated collection of conservative commenters — has published this year, so far?
___ none
___ one-five
___ six-ten
___ ten-twenty
___ twenty-thirty
___ thirty-forty
___ more than forty
Remember, this is a blog whose operators include law professors from Harvard, Yale, Chicago, Berkeley, and Northwestern. Prominent members of the Federalist Society. Advisors to Republican elected officials.
How many vile racial slurs — so far this year — at the blog operated by those disaffected right-wing culture war casualties?
I honestly think this kind of talk is going to sour really quickly , if it hasn‘t already. Not to mention that hijacking a thread on an unrelated post just because you want to make a nasty and twisted point is tacky.
Stinks of desperation. Save it for Thursday, huckleberries!
Everyone on my side is happy about Walz, no desperation.
Yes, it’s Harris the MAGA side is blowing its top over.
Who knows if they are happy. They’d have said Harris misstepped regardless. Just as the Dems would whenever Trump chose.
The proof is on the campaign trail.
Do you think we are stupid to pretend otherwise?
The right is all about saying they’re not mad when they are super mad, and saying they are outraged when they don’t actually care.
Whatever.
Nobody votes for the bottom of the ticket except for a tiny bit in the home state. Shapiro was right there to help in a vital state, but Jew.
Devaluing charges of antisemitism to get your partisan jollies seems bad.
Sure. But all quips aside, she does avoid the problem of having a Jew on the ticket. (Not that anybody has particular concerns about Jews or their potential Jewy biases.)
You see cagey.
What exactly are you saying?
One doesn’t have to be cynical to see how much group-associated stereotypes, widely held by voters, can move those voters in big, statistically significant numbers. Any politician who is serious about winning an election needs to take that into account in his/her vote-getting strategy.
By that same logic I could call Trump’s pick of Vance antisemetic.
You need more than ‘not Jewish’. But the GOP is pretty free with the accusation lately.
That was more observation than logic. It wasn’t even intended as a partisan point, although you seem to be unable to see any less than one.
What did I say that you disagree with? (Please directly quote what I said that you disagree with, if any of it.)
“Not that anybody has particular concerns about Jews or their potential Jewy biases”
“That was more observation than logic. It wasn’t even intended as a partisan point.”
Hmmmmmm.
I didn’t know a slightly facetious parenthetical remark would throw you off. What did you think I meant by that? Here’s a translation of it for you (I’ll pretend that you’re stupid for a moment and that you misunderstood me):
Now that I’ve translated that so that you might understand me better, do you disagree with that?
I still don’t understand why you consider that to be a partisan point. If you do, please explain.
Ah yes. Many people have *concerns*. About demographics.
Never heard of this type of trolling before. What should we call it, I wonder?
Shapiro probably is the better candidate, if he were not Jewish.
Honestly, Sarc. I don’t understand what you’re saying, or what you think I’m saying. But I sincerely believe you don’t disagree with the very simple point I’m making.
I reiterate my simple point, verbatim:
“One doesn’t have to be cynical to see how much group-associated stereotypes, widely held by voters, can move those voters in big, statistically significant numbers. Any politician who is serious about winning an election needs to take that into account in his/her vote-getting strategy.”
No too-online right-winger has ever been happy about anything.
It’s a balanced ticket anyway,
2 Drunks,
and who doesn’t get a DUI in their 40’s? (me)
Seriously Folks, they should just did up Floyd George and run his Corpse, or at least his Bloody Shirt
Frank
Be real, Bob. They’re saying things like, “he’s a far left liberal that no one has ever heard of,” so that they don’t have to acknowledge that they put up a venture capitalist-backed, couch-fucking opportunist with almost no political experience or principles against a football coach and veteran who taught kids before becoming a popular and successful governor.
Race is far from over, of course. But come the fuck on. “Your side” is motivated by grievance and hate, and has yoked itself to two con men that no one really likes. “Our side” is laughing at you and pumped to win this.
Be careful, Estragon.
Huckleberries, hillbillies, hayseeds, slack- . . . . oops, almost forgot, Eugene Volokh has banned that word (sl_ck-j_w) from his blog if used to described conservatives . . . in any event, the proprietor doesn’t like it when you call conservative huckleberries and right-wing knuckle-draggers huckleberries and knuckle-draggers at his blog. He has imposed censorship in that context more than once.
This is a friendly warning. (I believe Eugene Volokh is entitled to impose viewpoint-driven censorship at his blog for several reasons, including that censorious, partisan hypocrites have rights, too.)
Joe_dallas is already an expert on the career of a guy whose name he can’t even spell.
I’m sure the curious could figure where he got this oppo snausage from.
Hoover Institution? Federalist Society? Heritage Foundation?
Well it’s a balanced ticket!
2 Drunks,
and maybe Cums-a-lot should have chosen a more “Main Stream” Minn-a-Soda Governor, like Jesse “The Body” Ventura
Love the Common-Law people putting out the story that they didn’t pick Mark Kelly, you know a former Astronaut wanted nothing to do
with the leaking O-rings on the Challenger-Like Harris Cam-Pain
Guess maybe “45” was doing better in Minn-a-Sod-a than Nate Sliver would like to admit
Frank
Is this supposed to be convincing independents?
Swaying the RINOs?
Nudging the blue dogs?
Love always,
The guy that stole ML’s handle.
Mostly, I think Eugene Volokh and Frank Drackman perform here just to amuse each other and indulge their intolerant, awkward urges.
“Is this supposed to be convincing independents?”
Yes. As a matter of fact, Donald Trump personally called Frank Drackman and said, “Frank…I want you to bring a message to voters that even I can’t deliver.”
And you know what Frank said? I can’t repeat the rumors I’ve heard.
Frank Drackman – Voter Influencer
It’s getting real now.
Should be a good ticket.
We’re the Shiny Happy People Party and you’re the Sausage Party.
We concede the angry losers vote
So much for ‘let the states decide’ or let the states handle their own affairs (abortion, marijuana, voting, prosecuting criminals). Seems the red states like the federal government just fine as an instrument of retribution to crush other state’s laws and preferences:
Texas v. Pennsylvania (nullify Penn’s votes)
Nebraska and Oklahoma v. Colorado (nullify Colorado’s marijuana legalization)
State of Missouri v. State of New York (nullify New York’s ability to prosecute its criminals)
State’s rights and all that, amirite?
Flailing right-wing hayseeds — in courts, at the Volokh Conspiracy, throughout the Republican Party, at the Hoover Institution and Federalist Society, in our can’t-keep-up rural and southern stretches — are a predictable stage of the modern American culture war. The losers become increasingly desperate, disaffected, and delusional.
Republicans are like this blog not consistent libertarians. They are Republicans. They aren’t really about letting the states decide, full stop. Federalism is about deciding what states decide.
The “government off our backs” rhetoric is often obviously b.s.
The only type of libertarian found at this blog (Prof. Somin to some degree excepted) is faux libertarian.
well you’re a Faux Lawyer, so what’s the difference?
Seriously, is there a day in your life where you’ve contributed anything more to Society than taking a Shit?
Yesterday I helped 3 Veterans be able to have Erections again, and 3 more to see again (Ok, the Urologist/Ophthalmologist helped to) It wasn’t my idea that Jaw- Jaw stop letting predominantly minority women kill their babies, like they do in your state, but hey, this isn’t Roosha (is this Roosha? this isn’t Roosha)
And if your state’s so smart, why is JD Vance your Senator, and “45” won the State easily?
People like you (and my Sin O Gogue’ supporting a Black Supremercist Moose-lum) are what turned me into an Atheist (don’t tell Jay-Hay, I like to hedge my Bets)
Frank
If the justices were really not having it they would have sanctioned plaintiffs. Still insane they didn’t sanction Paxton and Co. for the Texas v Pennsylvania stunt. But AGs don’t get sanctioned I guess.
i have never heard of SCOTUS sanctioning a lawyer. Have you?
Well they do disbar people when the state bars do. Alito asked a patent lawyer to show cause why he shouldn’t be sanctioned when it was clear the client wrote the brief. But their lack of sanctioning doesn’t reflect well on them, especially when it’s their buddies.
I guess in these kinds of cases, it depends on what Ginnie is into at the moment
Not you obviously, but what woman who had a choice would be?
It doesn’t happen often, but Rule 17.2 provides that the form of pleadings and motions prescribed by the Federal Rules of Civil Procedure is followed in original jurisdiction actions. If SCOTUS were to conclude that Missouri’s attorney general filed this action for an improper purpose, it could impose sanctions under Rule 17.2 and Fed.R.Civ.P. 11(b)(1).
The request to stay Trump’s sentencing is especially curious. Is it plausible that anyone in Missouri would vote for Trump despite his having been found guilty of 34 felonies while he is awaiting sentencing, but would not vote for him after imposition of sentence?
The total fertility rate in Minnesota was roughly 1.87 in 2019, slightly below the replacement rate of 2.1
Guess the Revolting “Reverend” is right about something. Maybe this has something to do with it
In 2021, around 45 percent of all reported legal abortions in Minnesota were performed on White Women. 28.6% on Non-Hispanic Black Women, 15% on Other/Mixed Race, and 11% Hispanic
2020 Census reported a Black Population just under 8%
I know this is a legal blog, and most of you num-nutz can’t count to 21 without taking off your pants, but Blacks kill their unborn babies 3 times out of proportion to their share of the population.
It’s almost like they think nobody wants to adopt Black Babies,
So who’s the real “Genocide” Candidate this year?
Frank
Given that only Trump was affected by the gag order, and anyone else could say or write anything about the judge or his family, it’s hard to see how Missouri had standing.
I thought it also applied to his attorneys and if not what is the justification for gagging only Trump. Fearful of hi megaphone on social media?
OK, so what? The State of Missouri is neither Trump nor his attorneys. So it’s free to comment as much as it wants.
Voters in Missouri need to vote for President, and want to hear Trump’s side of various public issues. With Trump gagged, their ability to make an informed vote is diminished.
Yeah, the gag order for Trump not to talk about national policy issues sure did go too far!
Trump isn’t prevented from speaking on other topics, duh.
How would listening to Trump make anyone informed? And, no, nobody wants to hear Trump rant about family members of the judge or prosecutor. Also, wanting to hear him doesn’t give one standing to challenge a gag order, no.
Harris campaigns on Trump being a criminal. Voters are entitled to decide for themselves, and listen to whatever arguments Trump presents. One of his arguments is that the judge is biased against him, partially because the judge’s daughter is directly profiting from fundraising off of the Trump prosecution. Trump ought to be able to tell that story.
Another demonstration of “Drackman’s Razor” when in doubt about a particular Surpreme Case, come down on the side of Clarence “Frogman” Thomas and Sammy “The Knife” Alito.
I’d like to “reform” the court just like Parkinsonian Joe and Cums-alot-Harris, my proposal? Thomas and Alito each get 4 votes to every other Judges 1. Call it a “Seniority Adjustment” “Reparations for my man Clarence having to defend himself against charges of Sexual Her-Ass-Meant before a Senate Panel including a veritable Rogues Gallery of Sexual Her-ass-ers, lets see, Ted Kennedy (you know wat’ I be talkin’ bout Willis!) Strom Thurman (Colored Maid Diddler), Parkinsonian Joe (Cereal Hair Sniffer), Howell Heflin (claimed that Fawn Hell smuggled classified documents in her panties, Heflin claimed he’d “Read it in one of the papers” unfortunately in 1987 AlGore hadn’t invented the Internets and it was easily shown that the only place Heflin “read” the story was in his own Dirty mind)
Sex Fiends in the full Senate at the time included AlGore(Maid Diddler), Larry Craig (of “Wide Stance” infamy) Chris Dodd (of “See Kennedy, Ted, Sloppy Seconds) Robert KKK Bird, I could literally smell the stench of Anita Cuntlips Cuntlips through my 27” Sony Trinitron ($699 in 1991, adjust for inflation and it’d be nearly 2 grand today)
Frank
Frank
These right-wing bigots are your fans, defenders, ideological allies, and target audience, Volokh Conspirators.
And the reason your leader is no longer on the UCLA campus, not on the Northwestern campus, no longer able to sprinkle his racial slurs on captive audiences of law students. Which of you disaffected clingers will be next?
Carry on, cowards . . . while you still can.
…and what campus are you on?
Revolting holds the Professor Suggon Deeznutz Chair at I. Felcher U.
Frank
Truly— a modern John Donne! The amount of self-regard is truly amusing.
Given the Supreme Court’s recent complete evisceration of both state legislatures’ textual power to appoint presidential electors as they see fit and presidential electors’ textual power to fill out their ballots and vote as they see fit, frankly you can’t blame Missouri for trying. If the Supreme Court wants something really badly, clear text is simply no barrier.
Since these cases have been unanimous, the folks on the court who claim to be originalists might be better described as “Bayesian originalists.” They repeatedly emphasize the virtue of relying on their priors. And they in fact do so, at least most of the time, at least when the issue isn’t very important or when it leads to the result they want. But every now and then, on really important issues, suddenly we see them relying on their posteriors.
You forgot to mention the clear text of the Constitution stating that impeached officials would still subsequently be subject to criminal indictment, which is directly contradictory to SCOTUS’ recent should-be-ignored ruling about Trump’s “immunity.”
Clingers prefer to ignore that part of the Constitution, much like a number of words in the Second Amendment.
Better Americans are likely to correct those mistakes, thank goodness.
Has a newly selected VP candidate every shared the details of his Infertility? And I could tell Governor Waltz why he and his wife had such difficulty having children,
The man has no Balls!
Oh, and he’s for “Common Sense Gun Safety Laws”
this Erection is going to end well, reminds me of when Do-Cock-Us nominated that Petrified Wood Statue Floyd Benson, oh he got one good slam at Danny Boy Quale, who carried Texas??
Frank
I hope Whittington, Kerr, Sachs, Adler, and Baude bring up their blog when requesting a merit raise at their next employment review. Their employers need to see this shit.
No question if the situation was reversed, the Democrat judges would find a way to grant cert. The problem is that conservative judges care about pretending to follow the rules, and the ugly lesbian Democrats don’t.
More voltage! How many accounts do you have, man? Getting grey boxed ever quicker these days, it seems…
Not grey boxed.
“More voltage”
Oh that’s a bingo! Buh-bye!!!
“The problem is that conservative judges care about pretending to follow the rules, and the ugly lesbian Democrats don’t.”
Sounds to me like a cry for some hot lesbian Democrats on the bench.
“No question if the situation was reversed, the Democrat judges would find a way to grant cert.”
Uh, there was no petition for certiorari here.
The court could simply have said “this suit by Missouri is based on a bad legal theory and so we dismiss it without further ado.”
But that would have meant dealing with the merits, as I believe the Constitution requires the Supreme Court to do when a state files suit in that Court.
I’m seeing conflicting reports about why it wasn’t Shapiro, this one says he went to extraordinary lengths to try to secure the VP Slot:
“Josh Shapiro Annoyed He Got This ‘Death To Israel’ Neck Tattoo For Nothing buff.ly/3YBILdg ”
Then I saw another report from Politico that he pulled himself from consideration:
“A person familiar with the selection process told our colleagues that, after their meeting on Sunday, Shapiro called Harris’ team and made clear that he was “struggling with the decision to leave his current job as governor, in order to seek the vice presidency.”
It’s worth noting that Nate Silver says Kamala has a 91% chance to win the election IF she takes PA, and Trump has a 96% chance of winning if he takes it.