The Volokh Conspiracy
Mostly law professors | Sometimes contrarian | Often libertarian | Always independent
Today in Supreme Court History: July 31, 2018
Editor's Note: We invite comments and request that they be civil and on-topic. We do not moderate or assume any responsibility for comments, which are owned by the readers who post them. Comments do not represent the views of Reason.com or Reason Foundation. We reserve the right to delete any comment for any reason at any time. Comments may only be edited within 5 minutes of posting. Report abuses.
Please
to post comments
Ex Parte Quirin, 317 U.S. 1 (decided July 31, 1942): allows Nazi saboteurs to argue their habeas petition before the Court, but upholds Presidential order that they be tried by a special military tribunal; admits that all federal courts are functioning normally but defers to Presidential authority in time of "grave public danger" and holds that the tribunal had power to try anyone regardless of citizenship or military status (eight Germans were deposited by submarines off Florida and Long Island with cash and explosives; it was known that the Hitler regime was training saboteurs but J. Edgar Hoover was inept at finding them, preferring to order dragnets on immigrant populations; the plot came to the FBI's attention only because the leader, a former U.S. Army soldier, decided to turn them in before anything happened; he was one of the two who was not subsequently executed, but was deported to Germany in 1948 and tried for the rest of his life to get back into the United States)
Another example of the ridiculous failure of the lawyer profession. Turned himself in. Dragnets of loyal immigrants. As with Arabs, they knew best the nature of the enemy and wanted stronger responses.
I may have less time to devote here. Twitter allowed me in after years of blocking me. They did that during the Musk takeover attempt. I may start a couple of groups. The law in Failure and Adult at 14. No one here should follow me. Deniers are not welcome.
I may have less time to devote here.
From your lips to God's ears.
I urge you to Mute User me. I am only talking to the lawyer scumbags here.
Kennedy is the type of Ivy indoctrinated Swamp creature that Trump was elected to rid us of. The purges in 2025 should be merciless. All the lawyer gaslighters in the White House should just be roughly ejected from there. Then, Trump should fire the entire FBI, DOJ and State Department. They are filled with 100% traitors and servants of the Chinese Commie Party. The military must be purged of the woke. The lawyers embedded with our warriors should be arrested, tried, and summarily executed for working for the interest of our enemies. They will not allow our warriors to kill without prosecuting them.
This weasel was in charge to come to the Congress, hat in hand, to beg for a cost of living increase in salary. He said it was needed for college tuitions. It was embarrassing public begging. Spare some change, Sir?
This vile weasel reversed himself, and suborned butt banging. This vile weasel killed millions of people, by a slow, painful death.
The FBI has always been filled with vile evil subhuman monsters.
i.e. lawyers.
G. Gordon Liddy was a pretty cool dude
" The FBI has always been filled with vile evil subhuman monsters. "
Do you mostly blame the FBI directors who were Democrats?
I mostly blame ver subhuman trash who work at the FBI.
Top to bottom. I wouldn't piss on them if I saw them burning in a ditch.
Probably my least favorite opinion writer of all Justices ever.
He also had a vision of an America with a bone-deep sense of decency baked into the Constitution. Which I agree with - I just wish he'd do a better job of tying it to particular bits of the Constitution.
Kennedy got Swamped, as they all do. Kavanaugh and Barrett will be Swamped. No one may overcome the local culture because people imitate each other. That is why a Judiciary Act must move the Supreme Court to the middle of the continent, to Wichita, KS.
Say, you hate Iran, but have to live there. Within a short time, you will eat, dress, look, and think Iranian. It is impossible to avoid that. DC is the rent seeking capital of the USA. Their method is to gaslight with arguments they only want to help people improve their lives. That always means higher taxes and more government power. Translation: thieving to line their pockets. There is no way to escape that culture.
Kennedy did not resign. He retired. He had fulfilled the requisite age and service requirements as a federal judge to retire. We say someone resigned when they did not meet those requirements, e. g., Abe Fortas.
Breyer was strong armed off the court because he refused to transition to a woman.
Kennedy was 82, I think, when he retired. Breyer was 83. RBJ was 87 when she died. Sandra Day O'Connor was 76 at retirement. Scalia was 79 when he died. Souter is the one that has left the Court at the youngest age of 70 in the last 40 years. (Alito and Thomas are 72 and 74, respectively.)
I wouldn't throw people Alito and Thomas's age into a retirement home, but doing a critically important full time job like being a judge, let alone on the Supreme Court, past age 80 is beyond comprehension to me. Yes, Biden is too old to be President. But then again, Trump was already pushing it. In 2024, he will be just as old as Biden was in 2020, so the same would be said of him.
As one man running for Congress puts it in an ad, we are being governed by a "geriatric oligarchy". Chuck Grassley is actually running for reelection to the Senate at age 88! To a six year term. The Founders included many men still fairly young (some under 40, even). If I counted correctly, I saw four Presidents before Reagan that were 60 or older when they took office. That equals how many (including Reagan) have been over 60 upon taking office in the last 40 years.
The baby boom generation is 20 years wide. As of 2028, they will have been in charge of the presidency since 1992, or 36 years. That is, if you count Biden, who is so old he precedes the baby boom by a few years.
Boomers. History's most annoying generation.
William Shatner, born 1931, responded to a taunt of "OK, Boomer" by writing "Sweetheart, that’s a compliment for me."
(William Shatner, one of now only three surviving cast members of the original and one true Star Trek.)
My response is, get off the internet, and back to work, to pay from my Social Security increase.
"That is, if you count Biden, who is so old he precedes the baby boom by a few years."
In the next election, I am going to insist that the candidate who gets my vote be a veteran. A WWI veteran.
You may get half your wish - some WWI veterans may vote in the next election.
Trump's one appointees appointed Mueller because they'd been foisted on him by the GOP establishment. By firing Comey he had departed from the establishment's script, and started to take actual control of the executive branch. They couldn't have that, he was supposed to be tied up in knots by subordinates who weren't actually working for him the baby in yellow free.
What did they do to wrong my "cult leader", and was any of it illegal?
MLK Jr? yeah, Attorney General Robert Francis "Beto" O' Kennedy was pretty mean, planting bugs in his hotel rooms to document his trysts with white prostitutes.... of course the files are sealed until 2068....
Frank "I have a Scheme!"
They are our internal enemy serving the Chinese Commie Party.
Brilliant comment, Dude.
To be fair it was Trump’s very own appointees that appointed Mueller because they had more respect for their fellow Bush Republicans, Comey and McCabe and Priestep and Auten, than Trump.
Cool comment, bruh.
Trump's one appointees appointed Mueller because they'd been foisted on him by the GOP establishment. By firing Comey he had departed from the establishment's script, and started to take actual control of the executive branch. They couldn't have that, he was supposed to be tied up in knots by subordinates who weren't actually working for him.
The supply chain shortages have caused Brett's tinfoil to run out.