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Funtatlaguy

(10,868 posts)
Wed May 15, 2019, 08:28 AM May 2019

Morning Joe saying Chief Justice won't touch Roe

Joe says that Roberts will not allow the heartbeat bill to come before SCOTUS.
Say it will be struck down at the District Court level and Roberts won’t give it certiorari.
They say that Roberts would be the swing vote in eliminating Roe and that they don’t think Roberts wants to be put it that place historically.

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CincyDem

(6,346 posts)
2. It will likely get cert and Roberts, as the "Chief in the Center" will uphold it (for now).
Wed May 15, 2019, 08:42 AM
May 2019


It takes 4 to grant cert so they don't need Roberts on the right.

History would say that when the Chief Justice is also the ideological center justice, as is the case with Roberts now, he tacks to the middle. That's been true historically for all Chief Justices independent of their left vs. right starting point.

Net...I think this one makes it to the Supremes and goes down 5-4.

And until that happens, I'll add a second prayer moment for RBG's health because without her...Alito becomes the ideological center. Think about that, a SCOTUS where Samuel Alito's view of the world is the "average".

mazzarro

(3,450 posts)
3. I don't believe a word of that statement.
Wed May 15, 2019, 08:44 AM
May 2019

We keep deceiving ourselves about the reThuglican agenda and we keep being surprised by how far their next unapologetic grab for power becomes.

rampartc

(5,398 posts)
7. the district courts
Wed May 15, 2019, 08:54 AM
May 2019

packed with federalist society judges, will upnold the "states rights" and uphold the laws.

i don't think the supreme court will hear appeals.

onenote

(42,660 posts)
16. Some statistics about the district courts:
Wed May 15, 2019, 12:43 PM
May 2019

Not counting the territories (e.g., Puerto Rico, Guam, etc), there are 90 district courts. There currently are more than 50 of those courts that do not have a single Trump appointed judge, while only around a dozen don't have an Obama appointed judge. Overall, there are around 260 active district court judges appointed by Obama and around 60 appointed by Trump. When you add the active judges appointed by earlier presidents, there are around 230 Republican appointed judges and 320 district court judges appointed by Democrats.

CTyankee

(63,899 posts)
14. After giving him ample air time on their show in the months leading up to the election.
Wed May 15, 2019, 11:02 AM
May 2019

They are very defensive about that.

delisen

(6,042 posts)
10. Vanity? If the lives of the people depend upon one person's concern about his
Wed May 15, 2019, 09:14 AM
May 2019

historical record or vanity we are already living in a dictatorship.

lark

(23,078 posts)
11. Yes and Bush was going to rule from the middle per them as well.
Wed May 15, 2019, 09:20 AM
May 2019

Roberts personally engineered the Citizens United decision, he is all about increasing the power of the oligarchs. He is not our friend and truly doesn't care about the constitution or he wouldn't have engineered this "rich take all" decision with the huge "fuck our democracy" component.

MineralMan

(146,281 posts)
13. That might be the case, or it might not.
Wed May 15, 2019, 10:59 AM
May 2019

I doubt that Roberts told Joe that personally.

What is certain, though, is that those heartbeat laws are going to all be challenged immediately. What happens after the District courts rule is harder to predict. Will permanent injunctions against those new laws be issued by one or more federal district courts? Will appeals courts take the case up on an emergency basis? Will the SCOTUS grant certiorari on one or more of them?

We don't know yet. Joe doesn't know. He's making an informed guess.

It's up to the federal courts. How quickly they move remains to be seen.

onenote

(42,660 posts)
15. If Roberts doesn't support cert, I suspect there won't be four votes for cert.
Wed May 15, 2019, 11:05 AM
May 2019

Roberts alone not supporting cert wouldn't necessarily impact the outcome. However, if he doesn't support cert, which would signal that he wouldn't support reversing an appeals court decision striking down the Alabama law, I think it is likely that one or more of the other conservatives on the court would decide not to support cert as well, rather than risk having the Court uphold the lower court ruling on a 5-4 vote with Roberts joining the Democrats.

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