Celebrating 10 years! 2007-2017

Ginsburg has cancer again

Looks like Trump will get another pick. massivemissive12/21/18
will he pick another justice to vote AGAINST defunding plann johnsmith12/21/18
Looks like she had surgery to remove cancer this morning and irishlaw12/21/18
I’m not sure who God is trolling harder with Ginburg’s h jorgedeclaro12/21/18
“Judge” Roy Moore is standing by his phone waiting for T exnite12/21/18
When you're 85, are there really better outcomes for someone superttthero12/21/18
That's one tough broad, I wouldn't bet against her. Most of onefortheteam12/21/18
Why? Health? I mean, props to her for rising to the top a superttthero12/21/18
I was joking, not meant as an earnest point. Besides all onefortheteam12/21/18
Props to her for (maybe) surviving trump. midlaw12/21/18
The wall is sure to get built now. trickydick12/21/18
Bad headline. Not accepting cert doesn’t mean siding with jorgedeclaro12/21/18
Well, it means that they sided with the party opposing a pet superttthero12/21/18
It’s a pet peeve of mine. I hate reporting on legal news. jorgedeclaro12/21/18
Poor old bird. I hope she's on the mend soon. This really limeysolicitor12/21/18
This reminds me, has anyone here heard from oldbird? theimmigrant12/23/18
"Supreme Court REJECTS Trump Plea To Enforce Asylum Ban" Gi backfromthedead12/21/18
For those having trouble keeping all the cases straight, thi jorgedeclaro12/21/18
That actually.... kind of makes sense. A person who enters a brokelawyer12/22/18
With the caveat that I know nothing about immigration law an jorgedeclaro12/22/18
massivemissive (Dec 21, 2018 - 12:31 pm)

Looks like Trump will get another pick.

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johnsmith (Dec 21, 2018 - 4:43 pm)

will he pick another justice to vote AGAINST defunding planned parenthood?

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irishlaw (Dec 21, 2018 - 12:39 pm)

Looks like she had surgery to remove cancer this morning and is currently “resting comfortably,” but who knows what that means.

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jorgedeclaro (Dec 21, 2018 - 12:47 pm)

I’m not sure who God is trolling harder with Ginburg’s health, liberals or conservatives.

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exnite (Dec 21, 2018 - 1:34 pm)

“Judge” Roy Moore is standing by his phone waiting for Trump’s call

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superttthero (Dec 21, 2018 - 2:16 pm)

When you're 85, are there really better outcomes for someone getting this surgery vs. not?

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onefortheteam (Dec 21, 2018 - 2:27 pm)

That's one tough broad, I wouldn't bet against her. Most of us would have quit on life like 30 years ago.

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superttthero (Dec 21, 2018 - 2:42 pm)

Why? Health?

I mean, props to her for rising to the top at at time where it was much tougher for women, but continuing on in a cushy job at old age? I don't get the adoration. Millions of people with worse problems, health, jobs, dealt-hands don't quit and do the daily grind.

People seem to need to tear everyone down or put them on pedestals...

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onefortheteam (Dec 21, 2018 - 2:51 pm)

I was joking, not meant as an earnest point.

Besides all sorts of rich and wildly successful people killself every day.

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midlaw (Dec 21, 2018 - 4:54 pm)

Props to her for (maybe) surviving trump.

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trickydick (Dec 21, 2018 - 4:12 pm)

The wall is sure to get built now.



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jorgedeclaro (Dec 21, 2018 - 4:27 pm)

Bad headline. Not accepting cert doesn’t mean siding with anything, as SCOTUS has repeatedly said.

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superttthero (Dec 21, 2018 - 4:37 pm)

Well, it means that they sided with the party opposing a petition for a writ of certiorari (unsure one was filed here)... even if, as you point out, doesn't mean siding with them on the merits of the case.

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jorgedeclaro (Dec 21, 2018 - 4:57 pm)

It’s a pet peeve of mine. I hate reporting on legal news. There is always something they mess up and it’s 99% pro-prosecutor.

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limeysolicitor (Dec 21, 2018 - 4:51 pm)

Poor old bird. I hope she's on the mend soon.

This really highlights the absurdity of life tenure for Supreme Court Justices. We quietly abolished it for our senior juduciary when an 82 year old (& senile) Lord Denning had a 'moment' & ranted about black people.

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theimmigrant (Dec 23, 2018 - 1:18 pm)

This reminds me, has anyone here heard from oldbird?

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backfromthedead (Dec 21, 2018 - 9:13 pm)

"Supreme Court REJECTS Trump Plea To Enforce Asylum Ban"
Ginsburg still in the game -- whatup gazoo
https://apnews.com/1c239d63b2634f9caadd4053bae058d8?

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jorgedeclaro (Dec 21, 2018 - 10:47 pm)

For those having trouble keeping all the cases straight, this is the one where DHS tried to make a temporary rule saying that illegal immigrants who did not enter the United States through a port of entry were categorically ineligible for receiving asylum.

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brokelawyer (Dec 22, 2018 - 2:28 am)

That actually.... kind of makes sense. A person who enters at a place other than a port of entry is in violation of US law.

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jorgedeclaro (Dec 22, 2018 - 3:06 am)

With the caveat that I know nothing about immigration law and completely skipped the sections on standing and the APA as procedural, the arguments quick version of the framework is as follows:

1. The statute allows claims of asylum to be made even if you didn’t enter through a port of entry.

2. The statute expressly grants INS broad discretion in creating additional restrictions on asylum claims.

3. There is an immigration court decision somewhere that says someone making a claim for asylum not at the port of entry can be weighed against them as to the valditiy of their claim.

The plaintiffs argued that a categorical ineligiblity of people making claims violated the statutory text which allowed them to make claims not at the port. U.S. argued that it wasn’t preventing them from making the claim but that it was saying those claims would be categorically deemed ineligible if made during this temporary time and this was allowed under the delegation of restrictions and that immigration board case.

Based on the briefing, I thought the plaintiffs had the better argument. But it wasn’t slam dunk. As evidenced by the fact that Ninth Circuit went 2-1 on the denial of stay.

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