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This blog is the work of an educated civilian, not of an expert in the fields discussed.

Monday, October 02, 2023

First Monday In October (Not the Film)

After the NY Jets cruelly gave fans hope only to have their QB make a mistake and have KC not give the ball back again, icing the game, we have the beginning of the new Supreme Court term.

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ETA: Regarding the last term, all of the opinions have been assigned a volume, with a preliminary version posted on the website. 

First is a long clean-up Order List. The biggest news might be that Clarence Thomas, for the first time in a 1/6 related case, recused himself. It involved pal John Eastman (also close to his wife, it seems) and maybe you would think that would factor in as does the fact Ginny Thomas also was questioned by the 1/6 Committee. But, Fix the Court notes that he didn't recuse in the past in cases involving the committee.

Thomas not explaining why he did not take part is not unique. Kagan in recent months a few times (two or three) noted basically the category of reasons she checked off when recusing. No other justice explained their decision. Alito (as a few did in recent decades) noted why he did not recuse. This is not a great policy.  

(The Supreme Court also didn't drop a press release or media advisory noting that they went back to live audio during oral arguments. It would be a simple act of clarity and openness to do so. It only noted it on the calendar, which is a more hidden location.)

Thomas did take part in the decision not to preliminary intervene in a 14A, sec. 3 case. Many think there is an appearance of impropriety to him taking part in any 2020 election dispute, especially involving the insurrection, after it came out that Ginni Thomas was a strong election denier. 

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The first oral argument was a statutory case that came off as a somewhat absurd law office hypothetical. Barrett dropped the term "Calvinball." But, we should not forget that the case ultimately involves the reach of a criminal justice provision that is of some importance.   

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Meanwhile: The soon-to-be new senator from California sounds like a promising choice, checking boxes like forty-something, black woman, labor advocate, women's candidate supporter (EMILY's List), lesbian, and more.  

Strict Scrutiny Podcast dropped the news that the mother involved in a tragic atypical case involving a truly late-term abortion was sentenced to two years in prison for her crimes. 

I think that is probably too much, but a summary about some woman who gave abortion pills to her teenage daughter and flagging it as the danger of post-Dobbs is rather misleading.  The facts here could be (and should be) deemed illegal under Roe v. Wade and is not a run-of-the-mill case. 

I agree with President Biden's statement on the budget. 

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