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BeAuMaN
Feb 18, 2014

I'M A LEAD FARMER, MOTHERFUCKER!

Charlz Guybon posted:

We've known this since the 2008 Death Penalty case.

https://www.youtube.com/watch?v=Hyph_DZa_GQ
This video should be in the OP. That is all.

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BeAuMaN
Feb 18, 2014

I'M A LEAD FARMER, MOTHERFUCKER!

OddObserver posted:

Aren't you normally not supposed to be able to sue based on a hypothetical?
For federal cases, yes. You generally need an injury in fact afaik. For state cases, this isn't always the case. I'm not going to dig into this case, but if the case started and continued in federal courts then they would have had a claim of some injury in fact.

BeAuMaN
Feb 18, 2014

I'M A LEAD FARMER, MOTHERFUCKER!

Petey posted:

You’re acting like this Court cares about standing, though. It’s a fiction in both 303 Creative and student loan case. The fact that the webmaster ask in 303 creative was purely hypothetical was acknowledged in the oral arguments! Everyone has known it this entire time! It was the very first question!

“Clarence Thomas
Counsel, would you spend just a few minutes on whether or not this -- your case is ripe?”
I answered in response to the question.

SCOTUS itself? Whether SCOTUS cares depends on how the wind is blowing and how many of the justices want to use that case as a vehicle to decide on something. I'm not going to pretend I'm watching every SCOTUS case but I vaguely recall some of the cases I looked at regarding mootness, the standard isn't really that strict and it depends on whether the justices are chomping on the bit or not to take the case.

(as usual to note though: I'm not a lawyer)

BeAuMaN fucked around with this message at 05:15 on Jun 30, 2023

BeAuMaN
Feb 18, 2014

I'M A LEAD FARMER, MOTHERFUCKER!

Evil Fluffy posted:

With the SCOTUS agreeing to take up the abortion pill case I wonder how much of it is Roberts screaming at the conservatives to rule mostly/entirely in favor of the FDA unless they want to ensure Dem turnout jumps in November like it did when they issued the Dobbs ruling.
Assuming ACB isn't up to the task because abortion, Roberts will just peel off Kavanaugh and form a majority with the liberal justices. Roberts seems to reliably peel off ACB amd/or Kavanaugh when he wants to.

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