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this post was submitted on 29 Jul 2023
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It's right on the courts' info page
https://www.uscourts.gov/about-federal-courts/educational-resources/about-educational-outreach/activity-resources/about
I mean, these people haven't even read the laws they're supposed to be deciding cases on. You expect him to read his own website too? The privilege.
/s
You used sarcasm. Samuel Alito might not have read actual law in years. He mostly writes about the current manufactured outrage from Fox News, and tries to shoehorn that into an opinion. He's gone off-topic a few times in recent years, trying to shove culture war bullshit into cases where they're only tangentially related.
It's called Fox News Brain. Your racist uncle and a sitting Justice of the Supreme Court both have it.
The problem is they can also decide that isn't what that means, it's hilariously stupid to be able to do it but they can.
I say that because they clearly don't give a shit, or they'd avoid even the appearance of impropriety.
If they can't even be bothered to not do obvious stuff with conflict of interest/money/cases before them, why would they be putting in any actual work? Especially the ones who are there for prestige alone, their clerks are doing their reading and writing for them.
Alito and Thomas in particular have said things recently and historically that indicate they're just phoning it in.
Indeed, I posted this on another thread about the court
You just have to be creative. Pass a law saying holding a Supreme Court seat for more than 20 years is a capital crime.
That would be unconstitutional and ruled that way, too. The law cannot take away a thing guaranteed by the Constitution (the lifetime appointment).
There would need to be an impeachment or amendment. Or court-packing.
It would be evil and unethical, yes, but not unconstitutional. They would still be justices right up until their execution, so it’s still a lifetime appointment.
It could still run up against tue 8th Amendment, more specifically the prohibition against cruel and unusual punishment.
Edit to add: being convicted of a capital crime does not guarantee a death sentence. Anything less than death still bumps into a Constitutional issue.
Coming and going, there's a likely Constituional challenge. An amendment would almost be easier.
Ah, but the Supreme Court has repeatedly found that execution is not in and of itself cruel and unusual punishment, as long as you follow procedures and don’t apply it arbitrarily.
“ In Gregg v. Georgia, 428 U.S. 153 (1976), the Court refused to expand Furman. The Court held the death penalty was not per se unconstitutional as it could serve the social purposes of retribution and deterrence.” (From https://www.law.cornell.edu/wex/death_penalty#:~:text=The%20Supreme%20Court%20has%20ruled,it%20must%20be%20carried%20out.)
In this case, deterring justices from staying on the bench forever. :-)
If, however, the passage of this law made SCOTUS decide the throw precedent to the wind (and this is the court to do it) and decide that the death penalty WAS in fact unconstitutional, I’d still take it as a win
I'm not saying a death penalty of any kind is cruel or unusual. I'm saying it would be for this.
Give this a look?
Most notably:
"To measure proportionality, the court must look at several factors. These factors include:
I think you think I'm saying one thing, when I'm communicating something less superficial. I'm not saying there cannot be a death penalty.
I'm saying if you want that for SCOTUS, it needs to meet the above criteria.
I’m a serious enough person (but barely enough). That wasn’t a serious suggestion though.
And president terms are 4 years. Doesn't stop impeachment though.