Anonymous 12/12/20 (Sat) 09:21:26acc0a1
Lawfag hereI'll opine in a bit of detail about the Texas suit, the Alito dissent, and beyond. First, the Texas suit was doomed to fail, for reasons explained a little at the end of this. The Court was wrong to deny the suit being filed, however (that was the purpose of the motion - "Oh please, Mr. Supreme Court, let me file a lawsuit on an issue over which you have sole jurisdiction.")Alito and Thomas dissented, correctly, only on that limited issue - CAN THIS LAWSUIT EVEN BE FILED?Their reasoning is not stated, but it basically springs from the concept that a court must never close its doors to the right of any plaintiff to at least petition the government for redress of a grievance. The right to file can be limited, by pre-filing review to prevent filings that are heinous to the court, but not completely foreclosed. You can find a good discussion on this concept in the case Washington v. Alaimo, 934 F.Supp. 1395 (S.D. Ga 1996). This case - ironically from Georgia - involves a court allowing a serial bullshit filer inmate to continue his nonsense until it got so bad that he filed a "Motion to Kiss My Ass" in which he moved "all Americans at large and one corrupt Judge Smith [to] kiss my got [sic] damn ass sorry mother fucker you."COME TO THINK OF IT, I HAVE A HARD TIME THINKING THIS IS A FRIVOLOUS FILING IN SOME CIRCUMSTANCESThe Court, naturally unamused, decided that they couldn't completely close the courthouse door to this asshole, but they could at least do a merits review before letting him file…based on his past misconduct.This kind of Draconian step should only be taken for such offenses as this - otherwise, the plaintiff should always be permitted to at least file the case and the court should then act in accordance with the law. The proper step for SCOTUS, then, would have been to let Texas file their complaint, and then if they lacked standing, SCOTUS could have dismissed - for one or more of either lack of personal jurisdiction, lack of subject matter jurisdiction, or failure to state a claim. If you're following along, folks, POTUS keeps "losing" in court and thatis going to continue to happenAnons who are comfy know that, in order for the military to act, the civil processes for investigations, justice, etc., must fail. Q's already told us the only way is the military. You don't get to that step if civil s*** works out…So, if you're concernfaggin' over all dis - do whatever you need to chill out. Pray. Go work in the yard and tire yourself out so you won't spend so much time on /qr/. Take a drink. Take a pot. Whatever it is you have to do, don't get spun up. If you're a smoker, about this time next Friday would be a good time to make sure you have enough smokes to last about 10 days or so…same for food and water. And if you're country folk, make sure you have a generator and enough gas to run it for about 8 hours a day for 10 days (a full tank of gas and a siphon will work in a pinch if you only have a couple gas cans).Get comfy. Stay comfy.Enjoy the show That
Good Advice From Lawfag on 8kun
- Lady G
- Posts: 5112
- Joined: Sat Sep 26, 2020 4:23 pm
- Has thanked: 2389 times
- Been thanked: 2608 times
Good Advice From Lawfag on 8kun
Sometimes, people just say the right things. This, from a Lawfag, fits today (and other coming days):