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When (if ever) it's appropriate to make jokes before the US Supreme Court

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61–70 of 76 posts

Re: When (if ever) it's appropriate to make jokes before the US Supreme Court

#61

Earlier quoted context omitted.

They're probably referring to the millions of dollars of gifts Clarence Thomas received over the years, often just prior to ruling in the gift giver's favor. Here's the source I'm sure you'll want: https://www.cnbc.com/2024/06/06/supreme-court-justices-milli... It's a big surprising thing to hear about for the first time! Glad to help you become familiar.

Note that, when you say "ruling in the gift givers favor," we should be careful not to imply that the gift givers were involved in any Supreme Court cases. At least, not Harlan Crow, who is the big name on this topic, was not involved in a SCOTUS case during Thomas' tenure. Not sure about the other gift givers. Presumably, someone would have pointed out by now if Thomas had received gifts from a party to case, and mo…

Yes, that's true. It's not an actual person involved directly in the legal case; just people with a material interest in the outcome of the case.

Re: When (if ever) it's appropriate to make jokes before the US Supreme Court

#62

Earlier quoted context omitted.

Note that, when you say "ruling in the gift givers favor," we should be careful not to imply that the gift givers were involved in any Supreme Court cases. At least, not Harlan Crow, who is the big name on this topic, was not involved in a SCOTUS case during Thomas' tenure. Not sure about the other gift givers. Presumably, someone would have pointed out by now if Thomas had received gifts from a party to case, and mo…

> we should be careful not to imply that the gift givers were involved in any Supreme Court cases Why does this matter? I'm not involved in any SC case but if I showed up at Clarence Thomas's door with $10 asking him to rule a certain way on a case I'm interested in, it would be called bribery by any sane definition.

Sure, but as far as I can tell, there's no evidence that happened. And I think I would have heard about it if the journalists were able to mention it.

The correct metaphor is if you had an interest in a case, gave Clarence Thomas $10 and said get yourself a nice froyo.

Re: When (if ever) it's appropriate to make jokes before the US Supreme Court

#63
post #54

Earlier quoted context omitted.

Note that, when you say "ruling in the gift givers favor," we should be careful not to imply that the gift givers were involved in any Supreme Court cases. At least, not Harlan Crow, who is the big name on this topic, was not involved in a SCOTUS case during Thomas' tenure. Not sure about the other gift givers. Presumably, someone would have pointed out by now if Thomas had received gifts from a party to case, and mo…

What is a good faith/steelman reason for these gifts to exist at all?

Same reason as any gift? Friendship and fun :)

Re: When (if ever) it's appropriate to make jokes before the US Supreme Court

#64

You'll see many comments here complaining about the corruption or partisanship of the Supreme Court. Notably, though, no actual accusations of bribery (gifts to judges from people not involved in cases is not bribery), nor are any opinions articulated on mistakes made by the court in its majorities. Which is to be expected, Hackernews is not populated by lawyers, after all! I can certainly empathize with people who d…

"gifts to judges from people not involved in cases is not bribery" Uhhh, yeah that's a big there bud. If a prominent party member gifts you lavish vacations and you subsequently decide cases along party lines, what else would you call that?

Citation needed? Refer to a dictionary ;). I think the big question mark is on "you subsequently decide cases along party lines." Citation needed? This I think is the major stumbling block in the public perception of the court. It's ideological divides aren't always the one's in the vernacular.

I looked at one of the more vehement and thorough articles alleging the thing you are, and it was pretty unconvincing: https://truthout.org/articles/report-harlan-crow-has-a-stake...

Re: When (if ever) it's appropriate to make jokes before the US Supreme Court

#65
post #55

You'll see many comments here complaining about the corruption or partisanship of the Supreme Court. Notably, though, no actual accusations of bribery (gifts to judges from people not involved in cases is not bribery), nor are any opinions articulated on mistakes made by the court in its majorities. Which is to be expected, Hackernews is not populated by lawyers, after all! I can certainly empathize with people who d…

>The judicial branch is supposed to interpret laws and the Constitution as accurately as possible, but not write them. Yes, it is very obvious the Constitution said the president is immune. And the recent decision on the VRA is completely based on the interpretation that there is no more racial discrimination - which fell apart in the days after. >N.b. some interesting stats: in the 2024 term, for example, ~40% cases…

Not cherrypicking, honest, officer! Anyway, I didn't include those stats since scotusblog hasn't presented them yet... probably because they aren't even done deciding/releasing all the 2025 cases! (And the SCOTUS term is like a college year, it goes from October 2025 to April 2026.) Anyway, out of the decided cases from October 2025 to April 2026, I count 15.5 unanimous out of 28 (more than 50%). (½ unanimous because it was an 8-0 vote.)

I'll have to get back to you about the ideological split. Presumably the MQs haven't changed, so this would be a simple counting exercise. Would need to check the 2024 statpack methodology.

Edit: I counted 2/28 split ideologically. Could go up to 4/28 depending on how you define it. And of course, these stats could change a lot as more decisions come in. But presumably the public perception of ideological divisions is driven by _decided_ cases, and these statistics would suggest that's unfounded.

Re: When (if ever) it's appropriate to make jokes before the US Supreme Court

#66
post #59

Earlier quoted context omitted.

Of this comment and the its parent, this is the comment hurting America. It's unrepentantly belligerent and sarcastic without actually trying prove its contrarian view. You could have at least provided the 2025/6 statistics you claim disprove something. But instead you just levy an insult. All in all, F for effort in being a productive member of society

What is hurting America is bad faith and bullshit. Not "belligerence" nor sarcasm. This constant appeal to civility only serves to stamp down any discussion. One side is doing ugly things, but the other is put down the second they dare use a bad word or are even slightly snarky. The parent comment is lying and manipulating his ass off - of course he is, why would he willingly mention statistics from 2024 when we are…

Please see my response above. Your presumption of malice is... quite odd, and frankly somewhat lazy.

Re: When (if ever) it's appropriate to make jokes before the US Supreme Court

#67

Earlier quoted context omitted.

"gifts to judges from people not involved in cases is not bribery" Uhhh, yeah that's a big there bud. If a prominent party member gifts you lavish vacations and you subsequently decide cases along party lines, what else would you call that?

Citation needed? Refer to a dictionary ;). I think the big question mark is on "you subsequently decide cases along party lines." Citation needed? This I think is the major stumbling block in the public perception of the court. It's ideological divides aren't always the one's in the vernacular. I looked at one of the more vehement and thorough articles alleging the thing you are, and it was pretty unconvincing: https…

The appearance of corruption has always been a valid concern too.

Re: When (if ever) it's appropriate to make jokes before the US Supreme Court

#68
post #54

Earlier quoted context omitted.

What is a good faith/steelman reason for these gifts to exist at all?

Same reason as any gift? Friendship and fun :)

Who doesn’t get free yacht trips from their buddies?

I’m curious what you think will happen with Crow’s gifts if Thomas doesn’t strategically retire this term.

Re: When (if ever) it's appropriate to make jokes before the US Supreme Court

#69
post #40
post #35

Earlier quoted context omitted.

Obama should have picked a replacement for RBG. Biden and the democratic congress should have done more to get the judiciary back in line. They had their opportunities.

RBG passed away while Trump was president. Obama did pick a replacement for Antonin Scalia though: Merrick Garland. Republican Majority Leader Mitch McConnell refused to even give Garland a hearing arguing it was "too close to the presidential election", even though Obama's term had about one year to go.

Obama could have done more to pressure RBG to retire into a friendly Senate.

Re: When (if ever) it's appropriate to make jokes before the US Supreme Court

#70

Earlier quoted context omitted.

Same reason as any gift? Friendship and fun :)

Who doesn’t get free yacht trips from their buddies? I’m curious what you think will happen with Crow’s gifts if Thomas doesn’t strategically retire this term.

I'm not sure what you mean by happen "with." But, as a random online, my prediction is that nothing will happen. The whole media hubbub came and went, and IIRC Thomas slowed down the gift getting afterwards. I don't see anyone bringing suit or admin action or something.... I guess it's not impossible if and when Democrats gain control in 2028 they'll try something, but probably not, given the time separation and the desire to avoid the appearance of lawfare.
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