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Author: lizgdal   😊 😞
Number: of 48466 
Subject: Fake Cases and Hypotheticals at the Supreme Court
Date: 10/15/2023 10:12 PM
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I can follow how normal trial courts work: establish facts and evidence, try to show if witnesses are truthful, present arguments on both sides limited to the admittable evidence, and decide this particular case. The Supreme Court does none of that. Hypotheticals are the basis of many of the Justices' questions. The underlying case is barely mentioned.

No evidence is presented to Appellate courts, instead the trial court records are used. Appellate courts review the record and make sure that everything was done properly. In Supreme Court cases, hypothetical questions are often more important than the actual case. For example, in a recent case, the Chief Justice seemed angry that the underlying case had already been settled (Acheson Hotels, LLC v. Laufer).

Fake cases are now brought before the Supreme Court, with the goal of setting policy instead of deciding a particular case. This is the latest fake case:

A Supreme Court dispute over a $15,000 IRS bill may be aimed at a never-enacted tax on billionaires
"The original declaration on which the case is built is full of lies"
"There really was no reason for the court to take it on, other than to send a signal to warn off the Congress from passing a billionaire tax"
https://apnews.com/article/supreme-court-billionai...
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Author: WatchingTheHerd HONORARY
SHREWD
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Number: of 48466 
Subject: Re: Fake Cases and Hypotheticals at the Supreme Court
Date: 10/16/2023 12:18 AM
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This is the same mechanism they used when they accepted the cake decorator case that they used as an excuse to ignore prior precedent regarding discrimination and establish a new right FOR discrimination based on religious convictions about other people's sexuality and preferences.

It's quite liberating, really... When you can down the entire shot glass served at your Federalist Society induction ceremony and just let the entire insanity of "originalist" reasoning infect your mind, there's really nothing you CAN'T do from the bench of the US Supreme Court while claiming the high ground.


WTH
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Author: Lapsody 🐝  😊 😞
Number: of 48466 
Subject: Re: Fake Cases and Hypotheticals at the Supreme Court
Date: 10/16/2023 1:24 PM
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WTH: When you can down the entire shot glass served at your Federalist Society induction ceremony and just let the entire insanity of "originalist" reasoning infect your mind, there's really nothing you CAN'T do from the bench of the US Supreme Court while claiming the high ground.

It's interesting that in Bruen, to ward off the effects of Wyatt Earp and other Western town laws of "turn in your guns coming into town", etc., they simply declare these were territories and they weren't a state yet - then say the laws didn't survive into statehood. But we'll reach over into England looking at the English Bill of Rights, etc. Originalism is what you make of it.
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