Today in Supreme Court History: August 3, 1994

8/3/1994: Justice Stephen Breyer takes oath.

Justice Stephen Breyer

 

Comments

[Dan Schiavetta]

Breswick & Co. v. United States, 75 S.Ct. 912 (decided August 3, 1969): the Interstate Commerce Commission, which had approved a merged railroad’s application to be considered a common carrier, runs into objections of prior shareholders (who will suffer a loss) and into a turf war with the Securities and Exchange Commission; Harlan grants a stay by fashioning a bond which will protect shareholders; the decision is notable because Harlan says he is relying on the opinion of the Clerk of the Court as to whether a single Justice can issue a stay in these circumstances

[JoeFromtheBronx]

Stephen Breyer eventually determined that the death penalty was probably unconstitutional. One concern was the long time people have been on death row. The two people scheduled to be executed next week, for instance, were on death row for around 25 years.

https://www.oyez.org/cases/2014/14-7955

The Harlan decision was decided in 1955.

https://law.justia.com/cases/federal/district-courts/FSupp/156/227/2137404/

[Dan Schiavetta]

Thanks. Will make the correction.

[Frank Drackman]

There were quite a few “Oaths” associated with Justice Breyer (Like Ben & Jerry, hate their Politics, love the Ice Cream)
Would have loved to be in the “Cloakroom” or whatever the Surpremes equivalent is, when Bryer and Souter would have a Free-Style “Snob-Off”
Some of the funniest bits on Tricky Penis’s tapes are his concern about that “Hippy” Rehnquist (Tricky couldn’t even get his name right) the Sideburns! the Loafers! Guy was actually a barrel of laughs once you got a few barbs in him (the drug, not insults)
Wow, just realized that last one could refer to Milhouse OR Rehnquist

Frank

[Hugo S. Cunningham]

(1) About the time of Justice Breyer's nomination, the Capital was going through a virtue panic-- this one that anyone with imperfect paperwork for household help or child care must be rejected from Federal office. (Since this would exclude almost every successful professional woman with children, the compromise was eventually worked out that absolution could be earned by filing revised paperwork and paying all back charges.)

(2) This was not an issue for Justice Breyer (a man), nor did he have any other serious problems. But one caller on the Howie Carr Show suggested Justice Breyer's candidacy could be sunk by asking him under oath whether he, a well-known Cambridge MA bicyclist, had ever coasted through a red light on Massachusetts Avenue. "If he says 'yes,' we can't add a lawbreaker to the Supreme Court, and if he says 'no,' you've got him for perjury!"

[Dan Schiavetta]

I remember!

I can’t find it now, but Ted Rall did a cartoon at the time about Adolf Hitler being nominated for Secretary of Defense, and pilloried by the press (and forced to withdraw) not for genocide, but for hiring a nanny off the books.

About 180 degrees from how we treat Trump.

[Á àß äẞç ãþÇđ âÞ¢Đæ ǎB€Ðëf ảhf]

But Biden deserved 3½ years of coverup.

[Jason Cavanaugh]

Just because the library won't put your fiction on their shelves does not mean your bullshit is welcome here.

[bernard11]

Lawbreaker?

I thought in MA stopping at traffic lights was optional, even for cars.

[Hugo S. Cunningham]

Massachusetts is blessed with relatively moderate traffic enforcement. Town police departments are not generally seen as revenue centers.
(2) In contrast, we are coming to the 10th anniversary of the Michael Brown shooting and racial unrest in Ferguson MO. The cop turned out to be innocent: "Hands up! Don't shoot!" was a lie. But a deeper investigation revealed the the Black community had reason to hate the Ferguson police dept and municipal court system, who were relied on to balance the city's books with heavy fines for trivial offenses.

[JesusHadBlondeHairBlueEyes]

Today is a day that will go down in infamy.

It's the day it was surfaced that Democrats made it legal for an illegal to vote in our Federal elections.

18 U.S. Code § 611

The Democrats will never lose another election again when they are importing amd registering tens of millions pf illegal citizens each year.

[Rev. Arthur L. Kirkland]

The reason Democrats are positioned to win most elections in America going forward -- especially in educated, strong, modern, diverse, productive communities -- is that old-timey religion, disgusting bigotry, and backwater backwardness are becoming less popular among Americans.

[JesusHadBlondeHairBlueEyes]

Or, and this is more likely than your data-free proposition, they cheat in elections.

[Frank Drackman]

do you literally gargle with your own cum every time you say that?

[Rev. Arthur L. Kirkland]

I now understand why right-wingers such as

Keith Whittington (Yale)
William Baude (Chicago)
Orin Kerr (Berkeley)
Stephen Sachs (Harvard)
Jonathan Adler (Case Western)
Ilya Somin (George Mason)
David Bernstein (George Mason)
Sasha Volokh (Emory)
John Elwood (Arnold & Porter)
Mark Movsesian (St. Johns)
Paul Cassell (Utah)
Samuel Bray (Notre Dame)
Stewart Baker (Steptoe & Johnson)

choose The Volokh Conspiracy as a forum at which to publish their "scholarly" observations and with which to associate their names (and their employers) with this movement conservative blog.

Carry on, clingers.

[Rev. Arthur L. Kirkland]

If any of you disaffected clingers want to take a moment to write something about the incessant stream of right-wing bigotry published by your white, male blog, let's hear it.

I expect you will continue to remain conspicuously silent with respect to that point, however.

Cowards. The lot of you. Bigot-hugging Republican cowards.

[not guilty]

Huh?

Today is a day that will go down in infamy.

It’s the day it was surfaced that Democrats made it legal for an illegal to vote in our Federal elections.

What does August 3, 2024 have to do with 18 U.S.C. § 611? (Never mind that the statute in fact prohibits aliens from voting in federal elections, per subsection (a)(3).)

And what facts support your ipse dixit assertion that Democrats “are importing amd [sic] registering tens of millions pf [sic] illegal citizens each year”, JHBHBE? And what is an “illegal citizen”?

Are you drunk?

[loki13]

Hey now!

Don't blame alcohol on what can be easily explained by stupidity.

If I drink, I may say stupid things today. But tomorrow I shall be sober and the person you are replying to will still be stupid.

[not guilty]

JesusHadBlondeHairBlueEyes is consistently stupid, but today's rant is more incoherent that his usual diatribe.

[loki13]

Couldn't tell ya. Blocked him a long time ago, and I don't think I've missed anything. 🙂

[SRG2]

^^^ Deffo this

[not guilty]

Still waiting, JHBHBE. What does August 3, 2024 have to do with 18 U.S.C. § 611? What facts support your ipse dixit assertion that Democrats “are importing amd [sic] registering tens of millions pf [sic] illegal citizens each year”? And what is an “illegal citizen”?

[bernard11]

He'd do better to post when drunk. Or at least no worse.

[JesusHadBlondeHairBlueEyes]

I literally said why it was important. Can you not read?

Hey, also, not guilty the shitty law reading guy, read the next section where it says:

(c)Subsection (a) does not apply to an alien if—
…
(3)the alien reasonably believed at the time of voting in violation of such subsection that he or she was a citizen of the United States.

This is why 20%+ or more illegals are registered to vote.
This is why the Democrats go nuclear on any attempt at citizen verification.
This is why there is zero election integrity or verification allowed.

“Illegal citizen” is my play on the fact that the Democrats have granted these illegals every right a citizen has in fact, they’re super citizens because they qualify for rights and benefits not given to us legal citizens.

How the fuck could you not deduce that? Are you autistic?

[not guilty]

JHBHBE, you asserted upthread that today -- August 3, 2024 -- is "the day it was surfaced that Democrats made it legal for an illegal to vote in our Federal elections." You still haven't explained how that is so.

Subsection (a) never authorized any alien to vote in federal elections. Indeed, it prohibited aliens from doing so. Someone otherwise eligible under state or local laws to vote in elections for non-federal offices, who met all criteria of subsections (a)(1), (a)(2) and (a)(3), could vote in non-federal elections held in conjunction with a federal election, but only if the election machinery is configured such that an alien voting for state/local candidates has no opportunity to vote for a candidate for any Federal offices.

Subsection (c) was enacted in 2000. https://www.govinfo.gov/content/pkg/PLAW-106publ395/pdf/PLAW-106publ395.pdf It created an exception to the application of subsection (a) for any alien who met all three of the criteria specified in subsections (c)(1), (c)(2) and (c)(3). It did not make anyone who was previously ineligible to vote suddenly eligible to do so.

I would strongly suggest that in the future when you attempt to parse a federal criminal statute, the first step is to pull your head out from up your ass.

[JesusHadBlondeHairBlueEyes]

> August 3, 2024 — is “the day it was surfaced that Democrats made it legal for an illegal to vote in our Federal elections.” You still haven’t explained how that is so.

That’s when this excerpt became viral you fucking pedantic idiot. Holy shit, do you not understand the words “the day it was surfaced”?

>I would strongly suggest that in the future when you attempt to parse a federal criminal statute, the first step is to pull your head out from up your ass.

What do these words mean to you:

(c)Subsection (a) does not apply to an alien if—
…
(3)the alien reasonably believed at the time of voting in violation of such subsection that he or she was a citizen of the United States.

If subsection a prohibits an illegal from voting like you repeatedly assert, and then subsection c says subsection a doesn’t apply to illegals who think they are citizens that vote. What does that mean to you about illegals who think they are citizens and them voting in elections? In your own words?

[not guilty]

The First Rule of Holes: stop digging!

All three criteria of subsection (c) must exist simultaneously in order to provide an exception to the applicability of 18 U.S.C. § 611(a). To-wit:

(c) Subsection (a) does not apply to an alien if—

(1) each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization);
(2) the alien permanently resided in the United States prior to attaining the age of 16; and
(3) the alien reasonably believed at the time of voting in violation of such subsection that he or she was a citizen of the United States.

IOW, that exception applies only where a child is born outside of the United States to two American citizen parents, the same child is brought before age 16 to permanently reside in the United States, and later, after that child reaches adulthood and registers and votes, he reasonably (but mistakenly) believed that he was a U. S. Citizen.

A federal criminal statute must be construed so as to give effect, if possible, to every clause and word of a statute. United States v. Menasche, 348 U. S. 528, 538–539 (1955).

[JesusHadBlondeHairBlueEyes]

2 & 3 have an and.

1 & 2 do not have an and.

Now apologize for all your other incorrect and insulting comments that were the result of your autism and disregard for any integrity w.r.t. legal thought.

[Alpheus W Drinkwater]

not guilty, as always I admire your patience here, but perhaps just mute the troll and live a happier life.

[David Nieporent]

This is why 20%+ or more illegals are registered to vote.

Nazi makes up facts. Film at 11.

[JesusHadBlondeHairBlueEyes]

Breaking: Talmud Follower Gaslights the Goy

I guess we should've said 6 million illegals as the 6 million number shows up so much in history even LONG before WW2.

[Drewski]

Law that prohibits aliens from voting in federal elections, passed thirty years ago by a majority-Republican Congress - in both houses: A vast Democrat conspiracy.

The phrase "illegal citizens" is interesting, in the same way that a car accident is interesting.

[JesusHadBlondeHairBlueEyes]

If an illegal alien votes and ‘reasonably believes’ they are a citizen, guess what? They can vote legally.

It’s right there in the law.
https://www.law.cornell.edu/uscode/text/18/611
(c)Subsection (a) does not apply to an alien if—
(2) the alien permanently resided in the United States prior to attaining the age of 16; and
(3)the alien reasonably believed at the time of voting in violation of such subsection that he or she was a citizen of the United States.

[not guilty]

Why do you omit subsection (c)(1)? It provides:

(c) Subsection (a) does not apply to an alien if—

(1) each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization)

As for subsection (c)(3), if the alien reasonably believed at the time of voting in that he or she was a citizen of the United States, that would likely afford a mistake of fact defense to prosecution.

[David Nieporent]

Why do you omit subsection (c)(1)?

Because he's a troll. Nazis generally aren't known for their intelligence, but JHBHBE isn't an unusually stupid Nazi; he's just trolling. (Which should be obvious from his username alone, if not everything he's ever posted here.)

[not guilty]

Right. History did not describe the physical appearance of Jesus, but it is highly unlikely that a Middle Eastern Jew had blond hair and blue eyes.

[Rev. Arthur L. Kirkland]

Jesus had two brothers, Mateo and Felipe.

The most important Jesus.

[David Nieporent]

You can't catch him on that basis; he knows that. That's the Nazi's point: that Jesus was Special™, not like those swarthy middle easterners. The problem is that not only is there nothing from the textual works that support that, but it doesn't make any sense even if you pretend those books are factual. Why would Judas have needed to identify Jesus if they could've just said, "He's the blond guy"?

[JesusHadBlondeHairBlueEyes]

Because I didn't find it relevant to my argument, you lying Talmudian.

wtf is wrong with your kind? Why do you child sacrificers always lie?

[JesusHadBlondeHairBlueEyes]

There isn't an AND in there.

2 & 3 are connected with AND.

wtf, do you not speak English as your first language?

[JoeFromtheBronx]

Prof. Marin Levy also reminds us that

"On this day - August 3rd - in 1993, Ruth Bader Ginsburg was confirmed to a seat on the Supreme Court by a vote of 96 to 3."

Also, FYI ..

https://archive.rall.com/main.php?g2_view=keyalbum.KeywordAlbum&g2_keyword=nanny&g2_itemId=7027

[Dan Schiavetta]

Thanks!! My memory isn’t shot quite yet!

[Yogis_dad]

Breyer, a sheep in sheep's clothing, did his part to cement the unconstitutional federal government's rule and to usurp the states and the people.

[Rev. Arthur L. Kirkland]

How does the Volokh Conspiracy attract so many disaffected, anti-government cranks who hate modern America and mainstream Americans?

By design.

These right-wing kooks are this white, male blog’s target audience.