Peruta Review Denied

June 26, 2017, 05:20 PM

Pipe Smoker

quote:
Originally posted by Fenris:
quote:
Originally posted by Pipe Smoker:
One bright spot: Gorsuch is proving to be the kind of guy that we hoped for. Not another David Souter.

Maybe Souter will retire to some leftist paradise (like Venezuela) with Ginsburg.

Souter retired in 2009, I believe.

June 26, 2017, 06:12 PM

ChicagoSigMan

quote:
Originally posted by JALLEN:
quote:
Originally posted by ChicagoSigMan:
quote:
Originally posted by S600MBUSA:
It only requires 4 justices to agree to grant certiorari (hear a case), all done behind closed doors. You never know which one voted which way unless a justice or justices publish a dissent or concurrence.

In this case we know at least Thomas and Gorsuch voted for cert. I'd guess Alito did as well, but that's obviously speculation. Not being able to get a 4th cert vote from Roberts or Kennedy is interesting (and disappointing).

Looking forward to reading this dissent by my favorite living member of The Supremes.

It's a better bet that they had 4 votes for cert (Thomas, Gorsuch, Alito and Roberts) but not 5 votes to reverse the 9th Cir. Kennedy probably indicated he wouldn't vote to overturn, so rather than take the case and set a SCOTUS precedent against the 2nd Amendment, they preferred to let the appellate court ruling stand until such time as they have the votes to overturn it. Thanks, Justice Kennedy. Screwed us again. At least, that's how I would wager it went down.

So you think each case is decided before it is briefed and argued, based solely on the petitions for certiorari?

Of course not - and nothing in my comment suggested that I so believe - but it would be ludicrous to think that votes for cert are not strategic at times.

June 26, 2017, 06:18 PM

JALLEN

quote:
Originally posted by ChicagoSigMan:
quote:
Originally posted by JALLEN:
quote:
Originally posted by ChicagoSigMan:
quote:
Originally posted by S600MBUSA:
It only requires 4 justices to agree to grant certiorari (hear a case), all done behind closed doors. You never know which one voted which way unless a justice or justices publish a dissent or concurrence.

In this case we know at least Thomas and Gorsuch voted for cert. I'd guess Alito did as well, but that's obviously speculation. Not being able to get a 4th cert vote from Roberts or Kennedy is interesting (and disappointing).

Looking forward to reading this dissent by my favorite living member of The Supremes.

It's a better bet that they had 4 votes for cert (Thomas, Gorsuch, Alito and Roberts) but not 5 votes to reverse the 9th Cir. Kennedy probably indicated he wouldn't vote to overturn, so rather than take the case and set a SCOTUS precedent against the 2nd Amendment, they preferred to let the appellate court ruling stand until such time as they have the votes to overturn it. Thanks, Justice Kennedy. Screwed us again. At least, that's how I would wager it went down.

So you think each case is decided before it is briefed and argued, based solely on the petitions for certiorari?

Of course not - and nothing in my comment suggested that I so believe - but it would be ludicrous to think that votes for cert are not strategic at times.

Something in your comment suggested that some Justices had already decided and there weren't 5 of them on the right side.

Luckily, I have enough willpower to control the driving ambition that rages within me.

When you had the votes, we did things your way. Now, we have the votes and you will be doing things our way. This lesson in political reality from Lyndon B. Johnson

"Some things are apparent. Where government moves in, community retreats, civil society disintegrates and our ability to control our own destiny atrophies. The result is: families under siege; war in the streets; unapologetic expropriation of property; the precipitous decline of the rule of law; the rapid rise of corruption; the loss of civility and the triumph of deceit. The result is a debased, debauched culture which finds moral depravity entertaining and virtue contemptible." - Justice Janice Rogers Brown

June 26, 2017, 06:24 PM

ChicagoSigMan

Come on, Jallen - you know the Supreme Court as well as I do. Are you really saying it's not possible that a couple of the conservative justices withheld their votes for cert because they were worried they might not be able to overturn the lower court ruling? You're saying that the only possible explanation for denial of cert is that Roberts and Alito are satisfied with the lower courts ruling?

June 26, 2017, 08:13 PM

JALLEN

quote:
Originally posted by ChicagoSigMan:
Come on, Jallen - you know the Supreme Court as well as I do. Are you really saying it's not possible that a couple of the conservative justices withheld their votes for cert because they were worried they might not be able to overturn the lower court ruling? You're saying that the only possible explanation for denial of cert is that Roberts and Alito are satisfied with the lower courts ruling?

I wish I knew the inside game. Alas, I have no idea what protocols are observed, observed sometimes, ignored depending, the alliances and good old boy networks. For all I know, the justices sit around watching porno flicks all day and the clerks slave away writing memos, checking cites, and snapping each other on the butt with towels in the gym dressing room.

I really have no idea what goes on in those conferences, except the junior guy makes coffee and answers the phone.