SCOTUS Thread (News and Discussion) II: Rape Isn't On My Calendar

[6souls]

https://twitter.com/mjs_DC/status/1372920395419037700

[archibaldcrane]

Just openly saying "the first amendment is bad" lol

[Yabby]

Pretty much. Roberts isn't going to move on this issue, so I'm not sure what this judge thinks he is doing.

[6souls]

Pretty much. Roberts isn't going to move on this issue, so I'm not sure what this judge thinks he is doing.

Putting himself on the list for SCOTUS judge when Trump takes back the White House.

[Athas]

How do these people become judges?

[Gredival]

How do these people become judges?

Judge-ships depend on the level and the locale. Local state court judges, for instance, are frequently elected. Levels above that are often appointed, for example the California Supreme Court Justices are appointed by the Governor. However other states elect them (see young girls at the mall enthusiast Judge Roy Moore from AL)

Federal positions are all appointed by the President and confirmed by the Senate. The more important the post, the more scrutiny in confirmation. The DC Circuit is considered the 2nd highest Court under SCOTUS due to having original jurisdiction on a number of issues and SCOTUS Justices are frequently selected from the DC Circuit.

[6souls]

https://twitter.com/AP/status/1373996129717719041?s=20

[6souls]

https://www.mprnews.org/story/2021/0...d-to-get-drunk

MN Supreme Court reverses a rape conviction because the victim choose to get drunk on her own.

The justices ruled that the state's definition of "mentally incapacitated" does not include voluntarily inebriated victims.

Hennepin County prosecutors say that in May of 2017, Francois Khalil encountered a woman outside a Dinkytown bar who’d just consumed five shots of vodka and a prescription narcotic. Khalil invited her and a friend to a party.

Court documents say Khalil and two other men drove them to a house in Minneapolis, where there was no party. The woman, identified only by her initials, testified that she blacked out on the couch and later woke up to find Khalil raping her.

But Wednesday, the Minnesota Supreme Court overturned his conviction, ruling that the state’s legal definition of “mentally incapacitated” only applies if a victim was given drugs or alcohol against their will — not if they consumed the substances voluntarily.

[Zealot]

Uh

So I guess rape is just legal in MN now.

Sent from my SM-N981U using Tapatalk

[Tyrath]

What the fuck

[thetruepandagod]

that's one way to reduce rape stats

[Kirin]

Governor appointments would lead me to believe that to be a 5-2 democrat court. Correct?

The NPR article is making it sound like the judges' hands were tied, with a pretty strict interpretation of what the law outlines in this instance that the court basically said needs to be fixed via law and not judicial review for the sake of future cases.

Lindsay Brice, law and policy director at the Minnesota Coalition Against Sexual Assault, said the ruling was no surprise because the statute’s language doesn’t leave much room for interpretation.

“It makes it very clear that this issue needs to be fixed at the Legislature,” Brice said.

Sounds like they were expecting the outcome.

[Byrthnoth]

I tried to write out a sarcastic "I'm with them" post and I couldn't even get through it

What the fuck is this?

Edit: Feels like a remnant of 1980s "is date rape really a think tho'?" culture then

[Kaslo]

It sounds like the Conservative Justices are not buying the NCAA's argument in the argument today. Note, this could just be signaling the opposite however. Often times a judge in oral argument will push the side they side with harder just to avoid the appearance of bias.

https://twitter.com/NicoleAuerbach/s...508897284?s=20
https://twitter.com/ChantelJennings/...520566274?s=20
https://twitter.com/SportsLawGuy/sta...087674375?s=20

[Gredival]

When Thomas awakes from his slumber to ask you a question, you know you're fucked.

[Andalusian girls]

hey Thomas never shuts up these days he's up to a question or two a year

[Cail]

Biden Creating Commission to Study Expanding the Supreme Court

https://nyti.ms/39ZzvFJ

[Lokus]

https://twitter.com/mjs_DC/status/13...565196801?s=19

I can't really follow the dissent since it has a lot of legal jargon I'm not familiar with but apparently this latest decision makes it so limits against sentencing juveniles to life without parole are removed.

[6souls]

https://twitter.com/MaisieBrownJxn/s...183484423?s=20
https://twitter.com/MaisieBrownJxn/s...808350721?s=20

[Qalbert]

https://twitter.com/SCOTUSblog/statu...84425224114176