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Thread: Supreme Court rejects hearing on military detention case

  1. #21
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    Re: Supreme Court rejects hearing on military detention case

    Quote Originally Posted by ttwtt78640 View Post
    Then I guess that you really liked the SCOTUS CA prop 8 ruling; if the state alone refuses to argue that a ballot initiative, that passed by a majority vote, is valid then it is not. In other words, the voter's wishes can be overruled by the lack of cooperation of their own gov't - the very reason that an initiative was tried in the first place. That was a classsic "no comment" indeed.
    I don't know enough about the case to say whether I agree with the CA SC or not- I certainly do not agree with all court rulings.

  2. #22
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    Re: Supreme Court rejects hearing on military detention case

    Quote Originally Posted by USViking View Post
    Every step of the judicial process is an examination of the facts and issues.
    Or so it's supposed to be. In practice however ....

    You don't expect each appellate level to conduct hearings on each appeal, do you?
    Not doing so violates the doctrine of due process. This is about the Supreme Court though, not any other appellate level. Failure to conduct hearings does not mean agreement that "the lower court ruling was so obviously correct" as you put it. It only means exactly that, the Supreme Court did not want to grant the petition for a Writ of Certiorari. So you are incorrect sir.

    "the Supreme Court's denial of a petition for a writ of certiorari is sometimes misunderstood to mean that the Supreme Court approves the decision of the lower court."

    Certiorari - Wikipedia, the free encyclopedia

    I don't know what the percentages are down the line, but the US Supreme Court gets about 10,000 appeals a year, but hears only 75-80 of them.
    Thanks I'm fully aware of the statistics.

  3. #23
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    Re: Supreme Court rejects hearing on military detention case

    Quote Originally Posted by Bob0627 View Post
    Or so it's supposed to be. In practice however ....

    Not doing so violates the doctrine of due process.
    This is untrue. The right to appeal may be a due process requirement, but the right to an appellate hearing is not.



    Quote Originally Posted by Bob0627 View Post
    This is about the Supreme Court though, not any other appellate level. Failure to conduct hearings does not mean agreement that "the lower court ruling was so obviously correct" as you put it. It only means exactly that, the Supreme Court did not want to grant the petition for a Writ of Certiorari. So you are incorrect sir.

    "the Supreme Court's denial of a petition for a writ of certiorari is sometimes misunderstood to mean that the Supreme Court approves the decision of the lower court."

    Certiorari - Wikipedia, the free encyclopedia
    I will have to read the case mentioned by Wiki (Missouri v Jenkins) for myself before I agree that it applies universally. In the case we are discussing the issue is whether or not appellant has standing to sue. It would seem to be both circular and derelict to deny certeriori to an appellant who does have standing.



    Quote Originally Posted by Bob0627 View Post
    Thanks I'm fully aware of the statistics.
    Then you have not thought carefully enough about the numbers.

    If the USSC had to hear each case then it would not be able to devote an average of even one hour to each one even if it worked 24 hours a day, 7 days a week, 365 days a year.

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    Re: Supreme Court rejects hearing on military detention case

    Quote Originally Posted by Bob0627 View Post
    (Reuters) - The U.S. Supreme Court on Monday handed a victory to President Barack Obama's administration by declining to hear a challenge to a law that allows the U.S. military to indefinitely detain people believed to have helped al Qaeda or the Taliban.

    The high court left intact a July 2013 2nd U.S. Circuit Court of Appeals decision that journalists and others who said they could be detained under the law, did not have standing to sue.

    The provision in question is part of the National Defense Authorization Act, which the U.S. Congress passes annually to authorize programs of the Defense Department.

    It lets the government indefinitely detain people it deems to have "substantially supported" al Qaeda, the Taliban or "associated forces."

    Supreme Court rejects hearing on military detention case | Reuters

    Isn't it fantastic how the black robed lawyers just work so hard to defend the Constitution?
    'Ya know, I gave Bush hell when he was doing crap like this, but Obama turned out to be Bush on steroids. He should be impeached.
    The ghost of Jack Kevorkian for President's Physician: 2016

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    Re: Supreme Court rejects hearing on military detention case

    Why do people want to give rights to those that would slaughter all of us typing here if they had the chance? These people aren't Americans, aren't good people period, who cares if they rot in Gitmo??
    Climate, changes. It takes a particularly uneducated population to buy into the idea that it's their fault climate is changing and further political solutions can fix it.



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    Re: Supreme Court rejects hearing on military detention case

    Quote Originally Posted by MrVicchio View Post
    Why do people want to give rights to those that would slaughter all of us typing here if they had the chance? These people aren't Americans, aren't good people period, who cares if they rot in Gitmo??
    Rights can never be given, never mind to those who would "slaughter all of us", whoever those may be. In any case, this issue isn't about giving anyone any rights, it's about abrogating rights and because of the vagueness of the NDAA provision, it applies to everyone, period.

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