Welcome to DU!
The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards.
Join the community:
Create a free account
Support DU (and get rid of ads!):
Become a Star Member
Latest Breaking News
General Discussion
The DU Lounge
All Forums
Issue Forums
Culture Forums
Alliance Forums
Region Forums
Support Forums
Help & Search
LetMyPeopleVote
LetMyPeopleVote's Journal
LetMyPeopleVote's Journal
December 16, 2020
Congrats to @sarahcpr on getting her own Netflix Ben & Jerry's Flavor!
https://twitter.com/Monkeyinheaven/status/1339058672304066563
December 16, 2020
12/16 Mike Luckovich: Feelin' good
https://twitter.com/mluckovichajc/status/1339005331075162116
December 15, 2020
12/15 Mike Luckovich: Abe's had it
https://twitter.com/mluckovichajc/status/1338642460541587458
December 15, 2020
MODERN YIDDISH INSULTS FOR THE OUTGOING PRESIDENT
https://twitter.com/SeamusCycling/status/1338549021137391618May you be like a classic Disney movie locked in a vault and unreleased for decades.
May you be like an American Express credit card accepted few places and rapidly accruing debt.
May you be like mitochondria doing intensive labor in a cell.
May you be like the McDonalds McRib here for a limited time only.
May you be like one of your sexual assault accusations ignored by your base and hastily buried.
May you be like an HBO Max subscription on trial and then canceled forever.
May you be like a Clemson football player wearing orange and getting paid nothing.
May you be like an American Express credit card accepted few places and rapidly accruing debt.
May you be like mitochondria doing intensive labor in a cell.
May you be like the McDonalds McRib here for a limited time only.
May you be like one of your sexual assault accusations ignored by your base and hastily buried.
May you be like an HBO Max subscription on trial and then canceled forever.
May you be like a Clemson football player wearing orange and getting paid nothing.
December 14, 2020
12/13 Mike Luckovich- No Room
https://twitter.com/mluckovichajc/status/1337634574663360512
December 12, 2020
GOP chairman West has a state that on SCOTUS ruling
West is an asshole and will be running for governor in 2022
https://twitter.com/adamkelsey/status/1337549501507264515
December 11, 2020
Can Trump's lawyers get in trouble for frivolous lawsuits?
I suspect tht there will be sanctions on these idots https://www.washingtonpost.com/politics/2020/12/11/can-trumps-lawyers-get-trouble-frivolous-lawsuits/
President Trumps legal team is entering into what might be its most desperate election challenge yet and given its overwhelmingly failed past efforts, thats saying something. Its move to join in the attempts by Texas Attorney General Ken Paxton (R) to have the Supreme Court overturn the results in four key states has been ridiculed even by some top Republicans.
Texass own senior GOP senator, John Cornyn, said, I frankly struggle to understand the legal theory behind it. Jeb Bush responded by saying there was no theory and predicted that the court would reject it out of hand. Sen. Ben Sasse (R-Neb.) even went so far Thursday as to suggest it was a PR stunt rather than a lawsuit and that Paxton might be merely seeking a Trump pardon for his personal legal problems.
The thing is, though, our legal system has mechanisms to combat frivolous lawsuits. Broadly speaking, there is supposed to be a price to pay for flooding the zone with the kind of dubious claims and alleged PR stunts that have characterized the Trump teams legal strategy.....
But Gillers also noted that sanctions could also come from outside the courts. Rep. Bill Pascrell Jr. (D-N.J.), for instance, has filed complaints in five states seeking to strip Trump lawyer Rudolph W. Giuliani and 22 lawyers affiliated with Trumps effort of their law licenses. Pascrell has accused the lawyers of frivolous lawsuits and conduct involving dishonesty, fraud, deceit or misrepresentation.
Given the complaints filed by Rep. Pascrell and others, the risk to the lawyers has been increasing daily, Gillers said. For all we know, discipline investigations may already be occurring but are not yet public. In early stages, they are confidential.
Texass own senior GOP senator, John Cornyn, said, I frankly struggle to understand the legal theory behind it. Jeb Bush responded by saying there was no theory and predicted that the court would reject it out of hand. Sen. Ben Sasse (R-Neb.) even went so far Thursday as to suggest it was a PR stunt rather than a lawsuit and that Paxton might be merely seeking a Trump pardon for his personal legal problems.
The thing is, though, our legal system has mechanisms to combat frivolous lawsuits. Broadly speaking, there is supposed to be a price to pay for flooding the zone with the kind of dubious claims and alleged PR stunts that have characterized the Trump teams legal strategy.....
But Gillers also noted that sanctions could also come from outside the courts. Rep. Bill Pascrell Jr. (D-N.J.), for instance, has filed complaints in five states seeking to strip Trump lawyer Rudolph W. Giuliani and 22 lawyers affiliated with Trumps effort of their law licenses. Pascrell has accused the lawyers of frivolous lawsuits and conduct involving dishonesty, fraud, deceit or misrepresentation.
Given the complaints filed by Rep. Pascrell and others, the risk to the lawyers has been increasing daily, Gillers said. For all we know, discipline investigations may already be occurring but are not yet public. In early stages, they are confidential.
December 11, 2020
This is disgusting!' MSNBC's Mika goes off on special treatment for Trump's COVID-infected buddies
https://twitter.com/RawStory/status/1337016553750097921
December 11, 2020
12/11 Mike Luckovich: Crash dummies
https://twitter.com/mluckovichajc/status/1337188356606881795
December 11, 2020
Texas does not have standing to assert the claims in this case
Prof. Adler has a good discussion of the Penn brief on this issue https://reason.com/volokh/2020/12/10/pennsylvania-georgia-michigan-and-wisconsin-defend-their-authority-to-select-presidential-electors/
On the question of the Court's jurisdiction, the Pennsylvania filing makes a powerful argument that Texas lacks Article III standing to bring its claims.
First, Texas cannot establish it suffered an injury in fact. An injury in fact requires a plaintiff to show the "invasion of a legally protected interest"; that the injury is both "concrete and particularized"; and that the injury is "actual or imminent, not conjectural or hypothetical." Spokeo, Inc. v. Robins, 136 S. Ct. 1540, 1548 (2016). According to Texas, the alleged violations of Pennsylvania's Election Code undermined the authority granted to the Pennsylvania General Assembly under the Electors Clause. Motion at 3, 10-11, 13-15. But as the text of the Electors Clause itself makes clear, the injury caused by the alleged usurpation of the General Assembly's constitutional authority belongs to that institution. AIRC, 576 U.S. at 800 (legislature claimed that it was stripped of its responsibility for redistricting vested in it by the Elections Clause). The State of Texas is not the Pennsylvania General Assembly. See Virginia House of Delegates v. Bethune-Hill, __ U.S. __, 139 S.Ct. 1945, 1953 (2019) (noting the "mismatch between the body seeking to litigate [the Virginia House of Delegates] and the body to which the relevant constitutional provision allegedly assigned exclusive redistricting authority [the General Assembly]" .
Second, Texas's claimed injury is not fairly traceable to a violation of the Electors Clause. As discussed above, each of Texas's allegations of violations of Pennsylvania law has been rejected by state and federal courts.
Third, Texas fares no better in relying on parens patriae for standing. It is settled law that "a State has standing to sue only when its sovereign or quasi-sovereign interests are implicated and it is not merely litigating as a volunteer the personal claims of its citizens." Pennsylvania, 426 U.S. at 665. The state, thus, must "articulate an interest apart from the interests of particular private parties." Alfred L. Snapp & Son, Inc. v. Puerto Rico, ex rel., Baez, 458 U.S. 592, 607 (1982). In other words, "the State must be more than a nominal party." Ibid. That, however, is exactly what Texas is here. Texas seeks to "assert parens patriae standing for [its] citizens who are Presidential Electors." Motion at 15. Even if, as Texas claims, the presidential electors its citizens have selected suffered a purported injury akin to the personal injury allegedly sustained by the 20-legislator bloc in Coleman v. Miller, 307 U.S. 433, 438 (1939), which they did not, that does not somehow metastasize into a claim by the state rather than those presidential electors. The 20-person bloc of legislatures in Coleman sued in their own right without the involvement of the State of Kansas. Ibid. Texas has no sovereign or quasi-sovereign interest at stake. It is a nominal party, at best.
Profile Information
Member since: Mon Apr 5, 2004, 04:58 PMNumber of posts: 145,176