For what it's worth, here's what I think about the remaining SCOTUS cases. I'll say what I think and then what I want. Get your caffeine conveyance of choice and let's get it.
303 Creative - Yes, yes, technically this is a compelled speech case but, c'mon, it's a religious freedom case. I have absolutely no idea how this is going to go though my guess is that Roberts will do everything he can to avoid having to rule directly on the issue.
My WAG is that it will be a 5-4 decision in favor of 303 Creative on narrow compelled speech grounds. That is an utter WAG, I have no clue. What I want is a very robust opinion by Thomas benchslapping into the center of the Sun the idea that gay marriage trumps religious freedom
The student loan cases - This is going to be slapped down, hard, on executive overreach, the only question is how hard. I'm leaning 7-2 but not heavily. I'm far more interested in how the standing issue is resolved, particularly given the DOJ's no one has standing game.
What I want, of course, is a DIFS decision based on WV and the major questions doctrine and no, the President cannot just do whatever, and also screw you DOJ for saying there is no judicial oversight of this. I may get that. *crosses fingers*
So there's my WAGs. I would not be surprised if I'm utterly wrong on all of it. Have a red panda.
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Good morning and welcome to Twitter Law School. Today's topic is why are there all those different terms to describe a SCOTUS opinion, what does it matter, and how to play Count The Judges, a fun game for the whole family. Get your caffeine conveyance, you're going to need it.
There are two things that SCOTUS decides when reaching a decision: who wins and why that party wins. The who wins matters to the parties. The why matters for precedent. Determining the why can be anything but straightforward. Welcome to vocabulary time.
Opinion of the Court: what it says on the tin. The opinion of the Court is the opinion that is being handed down by the Court. It is this opinion that bears greatest precedential weight. It can be anything from unanimous to a plurality opinion.
When a person tells a lie about another person, who bears the moral responsibility for that lie, the person who did the lying or the person about whom the lie was told? C'mon, alex, this is ridiculous, the answer is obvious, the liar! Really? Are you sure it's that simple?
Now, the answer, on a moral basis, is that the liar bears 100% of the moral responsibility. The person lied about bears none. The person lied about is innocent, again, looking at this from a moral basis. In reality, it's not that simple. Why? Human beings love to justify.
The reality of it is that when observers look at the situation, they include other factors into their calculation of moral responsibility. Do I like the liar? Do I dislike the person lied about? Do I want the lie to be true? Did I help spread the lie? Is it a Noble Lie?
Do not expect receipts because I am doing this off memory and vibes and rage. Forewarned. In plus minus September, 2016, there were whispers going around parts of the rightwing online world about how if you only read what I read about Trump you would never vote for him.
It wasn't even Sources Say it was trust me, bro. I said at the time that if it is so very awful then it is the moral obligation of those making such whispers to publish and damn Trump. If it was that bad, truly that bad, then it was an obligation to the public to release it.
After all, everything else gets leaked. So leak it. If it was as damning as was being claimed, surely the person making that claim would be proud to be the person exposing such horrors to the American public. And yet no such thing occurred. So I assumed it was all lies.
Here are the consequences I want after the Durham report: 1. The use of Sources Say should result in open laughter and the immediate closing of the tab when reading a story. 2. The DOJ and FBI should be presumed to be lying at all times.
(The really vicious ones follow)
3. Conservative media needs to explain, in brutally honest fashion, why any single writer believed a single letter of this for even a millisecond. I mean absolutely brutal. I want *honesty*. I want because we believed the DOJ and FBI without question. I want groveling.
4. I want acknowledgement for once that the spitting directly into the eyes of the GOP base from 2017 - 2018 by the Republican Congressional leadership in doing NOTHING with unitary control was due to thinking all those lies were true.
Story time and there's a point to this in addition to my loving the sound of my own typing. When I worked for the Psychopaths we had an awful case come in and, remember, we dealt with significant personal injury cases so awful is a really high bar here. Here's why it was awful.
The case was a 23 year old woman who ran an errand at lunch. While returning to work, she missed a curve, went off the road, and hit a tree head on going about 35 mph. She died in the collision. It was around 1:00 p.m. on an gorgeous day in early Spring so weather wasn't a factor
Toxicology report came back completely clean, including for any allergy medicines so impairment wasn't in issue. The car was in excellent repair so it wasn't brake failure. The autopsy showed no signs of stroke or heart attack so it wasn't a medical emergency. The radio was off.
Good morning and welcome to Twitter Law School on the basic concepts of how child support works and how requests for changes to amount paid for child support work and what the hell are Hunter Biden's handlers thinking in this petition? Huge caveats before we begin.
Every state is different in procedure and then there's Louisiana *side eyes in Napoleonic code*. The general concepts remain the same. The system is slowly improving to not favor women so extremely. This is due to the fact that it could hardly be changed to favor women more.
I know less than nothing about how Arkansas civil procedure works. Again, this is just conceptual framework only. That throat cleared, get caffeine conveyance of your choice and let's get it.