#precedents — Public Fediverse posts

@joenepraat
> although I dislike Telegram and a lot of its users, I don't think a suspension was something to celebrate

I agree, on both counts. When something is done to groups or systems we dislike, it's easy to look the other way. But I think it's always worth considering whether we'd approve of the same thing if it was being done to a group or system we like. Because precedents matter, and eroding universal rights harms us all.

I wrote about this here;

https://disintermedia.net.nz/ethical-technology-and-political/

#precedents

@joenepraat
> although I dislike Telegram and a lot of its users, I don't think a suspension was something to celebrate

I agree, on both counts. When something is done to groups or systems we dislike, it's easy to look the other way. But I think it's always worth considering whether we'd approve of the same thing if it was being done to a group or system we like. Because precedents matter, and eroding universal rights harms us all.

I wrote about this here;

https://disintermedia.net.nz/ethical-technology-and-political/

#precedents

So this sets precedent for calling every Democrat's win in November a rigged and illegitimate election, followed by arresting each and every Democrat who was elected, along with the accompanying spouse. It's not just about the oil. #trump #Venezuela #precedents #riggedelection

2/ #Clarence Thomas argued #SupremeCourt #precedents R not “the gospel” & should be critically reexamined, signaling openness to overturning major longstanding rulings including those on #presidentialpowers, #redistricting, even sex marriage rights while warning against blindly following past decisions w/out regard to legal tradition, sound reasoning. Stare decisis, doctrine of precedent, according to which rules formulated by judges in earlier decisions are 2b similarly applied in later cases

2/ #Clarence Thomas argued #SupremeCourt #precedents R not “the gospel” & should be critically reexamined, signaling openness to overturning major longstanding rulings including those on #presidentialpowers, #redistricting, even sex marriage rights while warning against blindly following past decisions w/out regard to legal tradition, sound reasoning. Stare decisis, doctrine of precedent, according to which rules formulated by judges in earlier decisions are 2b similarly applied in later cases

@rms i feel safer with more surveillance and total control in some ways since then they can see how much gets done - everything is documented - total recall but it also liberates me to expand my own counter surveillance as well - how it may end up working for open source ai #precedents #cede control to gain control #every grain of sand

@rms i feel safer with more surveillance and total control in some ways since then they can see how much gets done - everything is documented - total recall but it also liberates me to expand my own counter surveillance as well - how it may end up working for open source ai #precedents #cede control to gain control #every grain of sand

“If a future president #incites a #violent mob to storm the Capitol & stop the #peaceful transfer of #power — like we saw on #Jan6, 2021 — there may be no #legal consequences.

“And that’s only the beginning.

“On top of #dangerous & #extreme decisions that overturn settled legal #precedents — including #RoeVWade — the court is mired in a crisis of #ethics.

#SCOTUS #law

“If a future president #incites a #violent mob to storm the Capitol & stop the #peaceful transfer of #power — like we saw on #Jan6, 2021 — there may be no #legal consequences.

“And that’s only the beginning.

“On top of #dangerous & #extreme decisions that overturn settled legal #precedents — including #RoeVWade — the court is mired in a crisis of #ethics.

#SCOTUS #law

Among the consequential decisions in #SCOTUS’ hands is a pair of cases involving fishermen. On the surface, the nearly identical cases are disputes about fishing #regulations. But they have potential to completely rejigger how #FederalAgencies mediate everything from #food & #agriculture to #taxes & #AirPollution—bc they question 1 of the #legal field’s most-cited #precedents… the “#ChevronDeference”

#law
https://www.motherjones.com/politics/2024/06/fish-toads-and-john-eastman-inside-the-conservative-project-to-undo-federal-environmental-laws/

Among the consequential decisions in #SCOTUS’ hands is a pair of cases involving fishermen. On the surface, the nearly identical cases are disputes about fishing #regulations. But they have potential to completely rejigger how #FederalAgencies mediate everything from #food & #agriculture to #taxes & #AirPollution—bc they question 1 of the #legal field’s most-cited #precedents… the “#ChevronDeference”

#law
https://www.motherjones.com/politics/2024/06/fish-toads-and-john-eastman-inside-the-conservative-project-to-undo-federal-environmental-laws/

#ClarenceThomas’s concurring opinion begins on page 117. On page 119 Thomas specifically states “in future cases, we should reconsider all of this Court's substantive due process #precedents, including #Griswold, Lawrence, & Obergefell.”

#SCOTUS #Congress #law #privacy #FamilyPlanning #BirthControl #BirthControlRights #ReproductiveRights #BodilyAutonomy #WomensHealth #health #MaleSupremacy #access #VoteBlue
https://www.supremecourt.gov/opinions/21pdf/19-1392_6j37.pdf

#ClarenceThomas’s concurring opinion begins on page 117. On page 119 Thomas specifically states “in future cases, we should reconsider all of this Court's substantive due process #precedents, including #Griswold, Lawrence, & Obergefell.”

#SCOTUS #Congress #law #privacy #FamilyPlanning #BirthControl #BirthControlRights #ReproductiveRights #BodilyAutonomy #WomensHealth #health #MaleSupremacy #access #VoteBlue
https://www.supremecourt.gov/opinions/21pdf/19-1392_6j37.pdf

A #grave #error in the #law

In not finding room for #samesexmarriages in the #SpecialMarriageAct, the #SupremeCourt #misinterpreted the #Constitution and failed to look at its own #precedents.

#Women #Transgender #LGBTQ #LGBTQIA #India #SameSexMarriage #MarriageEquality #Representation #Culture

https://www.thehindu.com/opinion/op-ed/a-grave-error-in-the-law/article67535658.ece

A #grave #error in the #law

In not finding room for #samesexmarriages in the #SpecialMarriageAct, the #SupremeCourt #misinterpreted the #Constitution and failed to look at its own #precedents.

#Women #Transgender #LGBTQ #LGBTQIA #India #SameSexMarriage #MarriageEquality #Representation #Culture

https://www.thehindu.com/opinion/op-ed/a-grave-error-in-the-law/article67535658.ece

#Trump’s attempt to #claim that he can’t be #prosecuted collides with #Precedents

The former president claims he has “absolute #immunity.” But an array of #SupremeCourt #decisions tells a different story.

#Women #Transgender #LGBTQ #LGBTQIA #Florida #Conservatives #Extremism #Fascism #RepublicanParty #Hate #Bigotry #Violence #Genocide #Discrimination #Homophobia #Transphobia #ThePartyOfHate

https://www.nytimes.com/2023/10/12/us/politics/trump-immunity-supreme-court.html

#Trump’s attempt to #claim that he can’t be #prosecuted collides with #Precedents

The former president claims he has “absolute #immunity.” But an array of #SupremeCourt #decisions tells a different story.

#Women #Transgender #LGBTQ #LGBTQIA #Florida #Conservatives #Extremism #Fascism #RepublicanParty #Hate #Bigotry #Violence #Genocide #Discrimination #Homophobia #Transphobia #ThePartyOfHate

https://www.nytimes.com/2023/10/12/us/politics/trump-immunity-supreme-court.html

It funded #legal scholars to devise theories to challenge #liberal #precedents, helped to #elect state #attorneys general willing to apply those theories & launched lavish campaigns for #conservative judicial nominees who would cite those theories in their rulings from the bench.

It funded #legal scholars to devise theories to challenge #liberal #precedents, helped to #elect state #attorneys general willing to apply those theories & launched lavish campaigns for #conservative judicial nominees who would cite those theories in their rulings from the bench.

…the #CitizensUnited ruling… upended nearly 100 years of #CampaignSpending #restrictions.

The #conservative #legal movement seized the moment w/greater success than any other group, & the consequences have shaped American #jurisprudence & #politics in dramatic ways.

From those early discussions among #Leo, #Thomas & #Crow would spring a billion-dollar force that has helped remake the #judiciary & #overturn longstanding legal #precedents on #abortion, #AffirmativeAction & many other issues.

…the #CitizensUnited ruling… upended nearly 100 years of #CampaignSpending #restrictions.

The #conservative #legal movement seized the moment w/greater success than any other group, & the consequences have shaped American #jurisprudence & #politics in dramatic ways.

From those early discussions among #Leo, #Thomas & #Crow would spring a billion-dollar force that has helped remake the #judiciary & #overturn longstanding legal #precedents on #abortion, #AffirmativeAction & many other issues.

'#Everything Is #ontheTable' After #US #SupremeCourt #Rulings: #Law #professor #MelissaMurray.

#Corrupt #Conservative #Justices on #Court has "made it very clear they they're not going to let themselves be #bound by #staredecisis," a #legal #term referring to adhering to #precedent, in "circumstances when it comes to #interpreting the #Constitution," meaning that all #precedents that conservatives don't like could be "on the #choppingblock."

https://www.newsweek.com/everything-table-after-supreme-court-rulings-law-professor-1810389

'#Everything Is #ontheTable' After #US #SupremeCourt #Rulings: #Law #professor #MelissaMurray.

#Corrupt #Conservative #Justices on #Court has "made it very clear they they're not going to let themselves be #bound by #staredecisis," a #legal #term referring to adhering to #precedent, in "circumstances when it comes to #interpreting the #Constitution," meaning that all #precedents that conservatives don't like could be "on the #choppingblock."

https://www.newsweek.com/everything-table-after-supreme-court-rulings-law-professor-1810389

If it's not just, it shouldn't be #law; all #precedents be damned.

#Justice, not #precedent, must always be the only goal of our #legal system.

If it's not just, it shouldn't be #law; all #precedents be damned.

#Justice, not #precedent, must always be the only goal of our #legal system.

@npr_bot Extracts from the article
“..It's one of thousands of cases involving enslaved people that lawyers and judges continue to cite as good precedent, more than a century after the 13th Amendment abolished slavery in the U.S…
The project aims to push the legal profession to grapple with its links to slavery, an overdue reckoning that Simard hopes will start with lawyers and judges acknowledging their use of the troubling precedents….
As part of that effort, Simard successfully advocated for the Bluebook — the country's legal citation style guide — to add a rule requiring cases involving enslaved people to be labeled with a parenthetical, just as moot or overturned cases are….
Where enslaved people were parties in a case, the citation will read "(enslaved party)." Where they were the subject of a property or legal dispute, the footnote should include "(enslaved person at issue)."..
Simard says the feature has been used some 70 times in secondary sources and by four different judges since the change took effect in the 2021 edition, which he sees as an exciting first step…”

#slavery #law #precedents #NPR

@npr_bot Extracts from the article
“..It's one of thousands of cases involving enslaved people that lawyers and judges continue to cite as good precedent, more than a century after the 13th Amendment abolished slavery in the U.S…
The project aims to push the legal profession to grapple with its links to slavery, an overdue reckoning that Simard hopes will start with lawyers and judges acknowledging their use of the troubling precedents….
As part of that effort, Simard successfully advocated for the Bluebook — the country's legal citation style guide — to add a rule requiring cases involving enslaved people to be labeled with a parenthetical, just as moot or overturned cases are….
Where enslaved people were parties in a case, the citation will read "(enslaved party)." Where they were the subject of a property or legal dispute, the footnote should include "(enslaved person at issue)."..
Simard says the feature has been used some 70 times in secondary sources and by four different judges since the change took effect in the 2021 edition, which he sees as an exciting first step…”

#slavery #law #precedents #NPR

#ShowerThoughts most people don't seem to understand the power of #precedents. #IANAL but my understanding is when a court issues a decision, it becomes part of the law in their jurisdiction. Unless and until it's overturned by a higher court, or the legislature. When authorities try to get new powers using extreme edge cases (eg child abuse or terrorism), beware. They're not asking for a reasonable exemption to #CivilLiberties protections, they're trying to create a precedent that breaks them.