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  1. #821
    Kevin Chang
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    It only prevents faithless electors.

  2. #822
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    Quote Originally Posted by Gredival View Post
    It only prevents faithless electors.
    In states that require faith.

  3. #823
    Ridill
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    My train of thought was this would mean that an electors cast vote must reflect the winner of the popular vote in that state. As the popular vote compact relies on the states in the compact to follow the national popular vote and not that of individual states, that any attempt to enact a popular vote compact would be deemed unconstitutional should it appear in front of SCOTUS.

  4. #824
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    Quote Originally Posted by Kirin View Post
    My train of thought was this would mean that an electors cast vote must reflect the winner of the popular vote in that state. As the popular vote compact relies on the states in the compact to follow the national popular vote and not that of individual states, that any attempt to enact a popular vote compact would be deemed unconstitutional should it appear in front of SCOTUS.
    That wasn't the facts of this case. This case related to a state that required its elector to follow the vote of the state. That restriction on the elector itself was valid. You could argue the holding even supports a state joining the compact since that is a similar restriction on the elector.

  5. #825
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    Doesn't this ruling undermine the whole point of even having electors?

  6. #826
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    Quote Originally Posted by Serra View Post
    Doesn't this ruling undermine the whole point of even having electors?
    No, it does not restrict electors from going rogue in states who do not have a faithless elector law.

  7. #827
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    https://news.yahoo.com/supreme-court...140728441.html

    The Supreme Court on Wednesday strengthened legal protections that shield religious institutions from job discrimination lawsuits.

    It was the court's second ruling this term intended to expand religious freedom. In a previous 5-4 ruling along traditional ideological lines, the justices said states cannot exclude religiously affiliated schools from state scholarship programs, a decision that further lowered the wall of separation between church and state.
    The ruling originated from a case where one woman was fired because the church deemed her to be too old and another woman was fired for being diagnosed with breast cancer. The churches in both incidents claimed no fault because they don't have to adhere to anti-discrimination policies.

    https://news.yahoo.com/supreme-court...142431628.html

    The Supreme Court ruled 7-2 Wednesday that nonprofit employers with religious or moral objections do not have to help provide insurance coverage for contraceptives.

    The ruling brings to a close a longstanding battle by the Little Sisters of the Poor and other religious groups that wanted nothing to do with providing birth control coverage. The court's decision upholds a Trump administration policy allowing for both religious and moral exemptions.
    Everyone gets a Hobby Lobby.

  8. #828
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    While bullshit, states could perhaps make a law extending those protections?

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  9. #829
    I would prefer not to.
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    NY DA wins case against trump about obtaining his tax returns 7-2

    kavanaugh and gorsuch both ruled against trump

  10. #830
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    Gorsuch also delivered the McGirt opinion, which holds that (at least under the MCA) Indian Country Reservations in Oklahoma still exist (the prevailing thought was they were disestablished with the 1906 Allotment act right before statehood).

    As an Oklahoma lawyer practicing in tribal law, I'm actually surprised.

  11. #831
    Duplicitous Jew with Political Aspirations
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    That's big. I wonder now what if anything will be made public before November


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  12. #832
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    Quote Originally Posted by Kaslo View Post
    Gorsuch also delivered the McGirt opinion, which holds that (at least under the MCA) Indian Country Reservations in Oklahoma still exist (the prevailing thought was they were disestablished with the 1906 Allotment act right before statehood).

    As an Oklahoma lawyer practicing in tribal law, I'm actually surprised.
    I mean, whats the practical application of this? Big chunks of Oklahoma belongs to natives now?

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    https://finance.yahoo.com/news/supre...041405484.html

    Congress blocked from obtaining Trump's financial records

  14. #834
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    Quote Originally Posted by Kaslo View Post
    Gorsuch also delivered the McGirt opinion, which holds that (at least under the MCA) Indian Country Reservations in Oklahoma still exist (the prevailing thought was they were disestablished with the 1906 Allotment act right before statehood).

    As an Oklahoma lawyer practicing in tribal law, I'm actually surprised.
    I'm not understanding how this applies to his tax returns?

  15. #835
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    Quote Originally Posted by Salodin View Post
    I mean, whats the practical application of this? Big chunks of Oklahoma belongs to natives now?

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    From what I just said to a friend:

    At the moment, the McGirt opinion only applies to the MCA, and generally to crimes committed by Native American in the jurisdiction of the 5 civilized tribes, other tribes would be on a case by case basis depending on if Congress expressly disestablished the reservation (see Ponca/Otoe).

  16. #836
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    Interesting. Would it have to be Oklahoma congress, or congress congress?

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  17. #837
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    Quote Originally Posted by Salodin View Post
    Interesting. Would it have to be Oklahoma congress, or congress congress?

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    Congress Congress.

    Here is the quote that hammers it home:

    Faced with this daunting task, Congress sometimes might wish an inconvenient reservation would simply disappear. Short of that, legislators might seek to pass laws that tiptoe to the edge of disestablishment and hope that judges—facing no possibility of electoral consequences themselves—will deliver the final push. But wishes don’t make for laws, and saving the political branches the embarrassment of disestablishing a reservation is not one of our constitutionally assigned prerogatives.

  18. #838
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    Quote Originally Posted by Kaslo View Post
    Congress Congress.

    Here is the quote that hammers it home:

    Faced with this daunting task, Congress sometimes might wish an inconvenient reservation would simply disappear. Short of that, legislators might seek to pass laws that tiptoe to the edge of disestablishment and hope that judges—facing no possibility of electoral consequences themselves—will deliver the final push. But wishes don’t make for laws, and saving the political branches the embarrassment of disestablishing a reservation is not one of our constitutionally assigned prerogatives.
    Yooo that quote just made me want to go read the opinion holy shit, and gorsuch wrote it?

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  19. #839
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    Quote Originally Posted by Salodin View Post
    Yooo that quote just made me want to go read the opinion holy shit, and gorsuch wrote it?

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    Gorsuch has gold fucking opinions my man. His opinion in my 10th Circuit case a few years ago was lit AF

  20. #840
    Member since 2006 and still can't think of a title.
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    Gorsuch regularly sides with native Americans and their land it seems.

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