Supreme Court cases question

Discussion in 'Blazers OT Forum' started by Fez Hammersticks, Apr 12, 2010.

  1. Fez Hammersticks

    Fez Hammersticks スーパーバッド Zero Cool

    Joined:
    Sep 23, 2008
    Messages:
    28,882
    Likes Received:
    9,531
    Trophy Points:
    113
    Occupation:
    Phone Psychic
    Location:
    The Deep State, US and A.
    If the U.S. Solicitor General submits a brief to the Supreme Court that she recommends a case to be denied, how does this case fair? Does the panel take what the SG suggests or is her opinion a small blip?
     
  2. Denny Crane

    Denny Crane It's not even loaded! Staff Member Administrator

    Joined:
    May 24, 2007
    Messages:
    72,957
    Likes Received:
    10,620
    Trophy Points:
    113
    Occupation:
    Never lost a case
    Location:
    Boston Legal
    The solicitor general is the attorney for the US govt.'s interest in cases before the Court.

    The Court itself decides if it will hear a case, regardless of what the Executive Branch (solicitor general) wants.
     
  3. Fez Hammersticks

    Fez Hammersticks スーパーバッド Zero Cool

    Joined:
    Sep 23, 2008
    Messages:
    28,882
    Likes Received:
    9,531
    Trophy Points:
    113
    Occupation:
    Phone Psychic
    Location:
    The Deep State, US and A.
    I know someone who's apart of a large group who has a case against the Government.

    A panel of three judges overturned this case unanimously. And now the SG requested it to be denied. The SC will decide to review or deny the case on the 16th.

    I also read that the SC takes a very small fraction of cases brought to them. Am I off base here?
     
  4. Denny Crane

    Denny Crane It's not even loaded! Staff Member Administrator

    Joined:
    May 24, 2007
    Messages:
    72,957
    Likes Received:
    10,620
    Trophy Points:
    113
    Occupation:
    Never lost a case
    Location:
    Boston Legal
    The Court chooses to hear maybe 100 cases out of many thousands, each year.
     
  5. Fez Hammersticks

    Fez Hammersticks スーパーバッド Zero Cool

    Joined:
    Sep 23, 2008
    Messages:
    28,882
    Likes Received:
    9,531
    Trophy Points:
    113
    Occupation:
    Phone Psychic
    Location:
    The Deep State, US and A.
    I'm just trying to get a grasp on their case. It's been overturned and requested to be denied, I just don't like the chances of it being heard by the SC.
     
  6. Denny Crane

    Denny Crane It's not even loaded! Staff Member Administrator

    Joined:
    May 24, 2007
    Messages:
    72,957
    Likes Received:
    10,620
    Trophy Points:
    113
    Occupation:
    Never lost a case
    Location:
    Boston Legal
    I don't know about the case, so I can't really comment. SCOTUS is an appellate court; they not supposed to decide if the cases before them were decided wrongly. Typically, the appeal would have something to do with the constitutionality of some part of the process in the decisions of the lower courts. Otherwise it has to be a federal matter, like one state suing another or a suit against the federal govt.
     
  7. BLAZER PROPHET

    BLAZER PROPHET Well-Known Member

    Joined:
    Sep 15, 2008
    Messages:
    18,725
    Likes Received:
    191
    Trophy Points:
    63
    Occupation:
    dental malpractice claims adjuster
    Location:
    Portland area
    No case has a good chance to be heard by the SC.
     
  8. Fez Hammersticks

    Fez Hammersticks スーパーバッド Zero Cool

    Joined:
    Sep 23, 2008
    Messages:
    28,882
    Likes Received:
    9,531
    Trophy Points:
    113
    Occupation:
    Phone Psychic
    Location:
    The Deep State, US and A.
    Their case was rejected today.

    Now it goes back to a lower court. Though, a three (Federal) judge panel unanimously overturned/remanded the lower courts decision (who said they had the right to "seek" damages), this is when they took it to the SCOTUS.

    Elena Kagan, in her brief, basically said this case had no merit from the get-go. The Supreme Court agreed on all of her points.

    What the f*** can a lower court judge even do for this group?
     
    Last edited: Apr 19, 2010
  9. Denny Crane

    Denny Crane It's not even loaded! Staff Member Administrator

    Joined:
    May 24, 2007
    Messages:
    72,957
    Likes Received:
    10,620
    Trophy Points:
    113
    Occupation:
    Never lost a case
    Location:
    Boston Legal
    It can be remanded to a lower court again. If remanded to a court that isn't an appeals court, the case would be heard again.
     
  10. Fez Hammersticks

    Fez Hammersticks スーパーバッド Zero Cool

    Joined:
    Sep 23, 2008
    Messages:
    28,882
    Likes Received:
    9,531
    Trophy Points:
    113
    Occupation:
    Phone Psychic
    Location:
    The Deep State, US and A.
    This case is basically set around a trust between this organization and the Government.

    Two higher courts, including the SCOTUS, said that the act of 1980 terminated a trust. Without this they have nothing. It makes all of their points moot.
     
  11. Denny Crane

    Denny Crane It's not even loaded! Staff Member Administrator

    Joined:
    May 24, 2007
    Messages:
    72,957
    Likes Received:
    10,620
    Trophy Points:
    113
    Occupation:
    Never lost a case
    Location:
    Boston Legal
    It seems like them remanding it to a lower court/judge means it's not dead yet and there are issues to resolve. Usually, there are instructions issued with the order to remand.

    A good example would be Bush v. Gore, when SCOTUS remanded the case back to the supreme court of florida with instructions to implement a fair recount.
     
  12. Fez Hammersticks

    Fez Hammersticks スーパーバッド Zero Cool

    Joined:
    Sep 23, 2008
    Messages:
    28,882
    Likes Received:
    9,531
    Trophy Points:
    113
    Occupation:
    Phone Psychic
    Location:
    The Deep State, US and A.
    There are two issues withstanding. But I think anything else is a moot point as the trust is absolutely crucial to their case. Without it they literally have nothing.

    What they are looking for is land and the assets on the land.

    The Court Of Federal Claims has no jurisdiction over these Federally recognized Communities, who own and operate the businesses on these land.
     
  13. Denny Crane

    Denny Crane It's not even loaded! Staff Member Administrator

    Joined:
    May 24, 2007
    Messages:
    72,957
    Likes Received:
    10,620
    Trophy Points:
    113
    Occupation:
    Never lost a case
    Location:
    Boston Legal
    Sounds like indian land / casinos ... or something like it.

    I don't know enough about the law of treaties and all that, so I can't offer my best layman's opinion.

    I do know that in cases of eminent domain, the reagan/bush appointed court did rule that the govt. has to pay fair market value for what they take. Maybe there's some hope in that.
     
  14. MARIS61

    MARIS61 Real American

    Joined:
    Sep 12, 2008
    Messages:
    28,007
    Likes Received:
    5,012
    Trophy Points:
    113
    Occupation:
    retired Yankee
    Location:
    Beautiful Central Oregon
    It all depends on how many, if any, of the judges are honest servants to our country, and how many ignore the Constitution and rule according to their (or their master's) personal views and desires.

    Like most employees in every other branch of our government and the private sector, these guys and gals have human flaws, and are just as vulnerable to threats, bribery, and corruption.
     
  15. MARIS61

    MARIS61 Real American

    Joined:
    Sep 12, 2008
    Messages:
    28,007
    Likes Received:
    5,012
    Trophy Points:
    113
    Occupation:
    retired Yankee
    Location:
    Beautiful Central Oregon
    Yeah, that worked well.:sigh:
     
  16. MARIS61

    MARIS61 Real American

    Joined:
    Sep 12, 2008
    Messages:
    28,007
    Likes Received:
    5,012
    Trophy Points:
    113
    Occupation:
    retired Yankee
    Location:
    Beautiful Central Oregon
    Hey Fez, why not just tell us the case and plaintiff group?

    Someone you're ashamed to be associated with or you just like stringing us along? :dunno:
     
  17. Fez Hammersticks

    Fez Hammersticks スーパーバッド Zero Cool

    Joined:
    Sep 23, 2008
    Messages:
    28,882
    Likes Received:
    9,531
    Trophy Points:
    113
    Occupation:
    Phone Psychic
    Location:
    The Deep State, US and A.
    I am. I studied this case for one of my projects and even back then (2005) this case had no merit. Their lead plaintiff is as phony as they come. An overnight civil rights leader who uses culture and tradition as a mask for the real motive: money and monetary gains. He had a different tune before being rejected by one of these communities. In 2005 he used scare tactics and threats against his own group to join the case "or else." They aren't tribes, fwiw.
     
    Last edited: Apr 19, 2010
  18. MARIS61

    MARIS61 Real American

    Joined:
    Sep 12, 2008
    Messages:
    28,007
    Likes Received:
    5,012
    Trophy Points:
    113
    Occupation:
    retired Yankee
    Location:
    Beautiful Central Oregon
    Be that way.

    Keep your dirty little secret.
     

Share This Page