Discussion: ACLU Flags For SCOTUS New Evidence Issue In Census Case

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I wonder what excuses the gang of five will make to ignore the weight of evidence and the lower court decisions. (There’s a small chance they may decide that a relatively-small immediate advantage is not worth the longer-term risk to their reputations and jobs.)


If the conservatives force their will, their opinion should begin with “Once upon a time . . .”


There is a much larger chance that the 5 will decide because diversity, this is the Republican party’s last chance to consolidate power.


Anyone walking behind the SCOTUS building these days should dodge all those copies of the Constitution being flung out the back windows.

They’re heavy suckers.




Hey SCOTUS, this is the kind of thing that happens when you skip over the established appellate procedure and you take the case before the record below is fully developed. But go ahead, “conservatives,” continue to ignore the record you do have.


This letter is nice and all, but the evidence still isn’t part of the record on appeal. I want to see some more angry and demanding motion practice, trying to get the document added to the record based on the fact that the reason it wasn’t discovered during the discovery process is because these people actively lied and took action to hide it. The SCOTUS Fascist Five need to be locked out of that escape route in making their decision. I don’t want to see them hiding behind excuses like “oh well, it’s really too bad it’s not part of the record on appeal” or some bullshit about “the petitioner offers no explanation as to how or why they failed to obtain these materials through zealous and duly diligent discovery practice.”

I also want to see a demand for prosecution of this Neuman clown. Sanctions are not sufficient. And I don’t give a fuck if his mother walked 5,000 miles and halfway across the planet on hot fucking coals to save her precious child from the horrors of the third world. He turned out horribly wrong as an adult…and sometimes that happens anyway despite every effort of the parents.


Whole lotta perjury going on.


I hear Kavanaugh screaming ‘‘I can’t hear you’’ over and over again with his hands over his ears.


They’ve been working on their opinion[s] for months. This will make no difference.
Isn’t it just wonderful that Susan Sarandon and Cornel West “knew” that Hillary would be worse than Trump back in 2016? Gee, what would the country be like without such far-sighted “progressives” leading it, I wonder.


I’m thinking it will run along the lines of: Even though there may have been corrupt intent at the base of this decision, the OTHER rationales provided are persuasive. “Corrupt Intent” is not mentioned in the Constitution and therefore cannot be a guide to deciding the constitutionality of the result. Furthermore, the alleged corruption would be in play at the State level and is not precluded by the US Constitution. The Census Bureau is the final arbiter on what questions it needs to ask to fulfill the decennial census requirement.

IANAL, but how did I do??


Unless their the official Republican versions which have been edited down to the size of postcard. And yes I’m willing to bet there’s a movement a foot to get it down to the size of postage stamp.


This, plus Furman holding a hearing next week, is going to put a lot of pressure on the SC…there’s obviously a lot wrong with what happened in this case, and now we have the documentation to show the actual intent, as well as apparently fraudulent testimony. Making this into a big public splash, and making sure the SC knows about it, will hold them accountable if they uphold what was an inherently fraudulent process (as well as one that violated governing procedures). Furman is very likely to nail people during the hearing, and he already wrote a great opinion that explained the issues with the process…this makes his opinion even stronger, and I expect he will point that out to the SC.

If the Republican judges on the SC go along with this, despite what has just come out, they really will be abdicating their role as justices, and openly declaring that they are aligned with Mitch McConnell to keep Republicans and conservative whites in power. I don’t think Roberts can stand to make such an open declaration, so maybe this is all going to save the case. We’ll see.


Lying is clearly now a deliberate Republican tactic, and they don’t care who they lie to.

Start with God and the Supreme Court, and work your way down.


i.e. Stephen Miller


Incoming Fascist Five: “It doesn’t matter why they really want to do it or what practical effect what they want to do might have. All that matters is that they were able to come up with an excuse that satisfies the rational relation test.”

Except it doesn’t satisfy that test. Its obviously intended and scientifically (or at least “studied”) proven practical effect is in direct opposition to the rationale provided. They won’t care. This is their play as much as it Trump’s and the GOP’s and the fix is in. As I’ve said…we are in end game and nobody seems to want to fucking admit it or react accordingly.


Its the volumes and volumes of discarded case history that will really crack your skull, though.
Disclaimer: IANAL

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redistricting specialist indeed.


The devil is in the details, in a very real sense. Citizens United was a disastrous and ridiculous ruling.

was commissioned in 2015 by a Republican mega-donor to do a study on the effect of excluding