Sotomayor's Dissent
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Sotomayor's Dissent - 06-21-2016, 04:56 AM

All of you freedom and liberty lovin' constitutionalists around here who have bashed and demeaned Justice Sotomayor and Justice Ginsberg should take a few minutes and read Solomayor's dissent, joined by Ginsberg, in the recent Utah v. Strieff case.

For all the whining people do around here about their "freedom" being eroded and compromised -- most of it being manufactured bullshit -- THIS is the sort of thing you should really be paying attention to. And along the way, you might even notice that your freedom is being championed by at least two people whom you purport to despise (even though you're probably not even sure why).

Here's the opinion, which you can read as well if you care, but the dissent is where the meat is. Scroll through to find it.

http://www.supremecourt.gov/opinions...-1373_83i7.pdf
  
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Talking 06-21-2016, 05:08 AM

So Sotomayor is a drugee. Who would have guessed?

  
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Post 06-21-2016, 05:17 AM

She just couldnt keep race out of it.


12 UTAH v. STRIEFF
SOTOMAYOR, J., dissenting

This case involves a suspicionless stop, one in which the
officer initiated this chain of events without justification.
As the Justice Department notes, supra, at 8, many innocent
people are subjected to the humiliations of these
unconstitutional searches. The white defendant in this
case shows that anyone’s dignity can be violated in this manner.

See M. Gottschalk, Caught 119–138 (2015). But
it is no secret that people of color are disproportionate
victims of this type of scrutiny. See M. Alexander, The
New Jim Crow 95–136 (2010). For generations, black and
brown parents have given their children “the talk”—
instructing them never to run down the street; always
keep your hands where they can be seen; do not even
think of talking back to a stranger—all out of fear of how
an officer with a gun will react to them. See, e.g., W. E. B.
Du Bois, The Souls of Black Folk (1903); J. Baldwin, The
Fire Next Time (1963); T. Coates, Between the World and
Me (2015).


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06-21-2016, 05:25 AM

I can't find out who was Strieff's victim?

Was s/he made whole?


Jeff Livingston
  
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06-21-2016, 05:25 AM

Quote:
Originally Posted by Sev View Post
She just couldnt keep race out of it.
Then it seems the two of you have something in common.
  
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06-21-2016, 05:26 AM

Quote:
Originally Posted by sjb View Post
Then it seems the two of you have something in common.
lol


good one. Chalk one up (literally, it's a pool forum) for the barrister.


Jeff Livingston
  
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06-21-2016, 05:30 AM

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Originally Posted by chefjeff View Post
I can't find out who was Strieff's victim?

Was s/he made whole?


Jeff Livingston
Strieff WAS the victim. He was stopped for no legitimate reason, found to have a warrant for an unpaid parking violation, searched, arrested and convicted on a drug charge.

The majority of the Court ruled that it was constitutional, essentially because the police were only somewhat negligent.
  
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06-21-2016, 05:33 AM

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Originally Posted by sjb View Post
Then it seems the two of you have something in common.
I doubt it.

She is the one that stated that gender and ethnicity would color her decisions.


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06-21-2016, 05:34 AM

Quote:
Originally Posted by sjb View Post
Strieff WAS the victim. He was stopped for no legitimate reason, found to have a warrant for an unpaid parking violation, searched, arrested and convicted on a drug charge.

The majority of the Court ruled that it was constitutional, essentially because the police were only somewhat negligent.
That's what it looked like to me in my quick read, but I had to ask.

Thanks,

Jeff Livingston
  
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06-21-2016, 05:41 AM

Quote:
Originally Posted by sjb View Post
Strieff WAS the victim. He was stopped for no legitimate reason, found to have a warrant for an unpaid parking violation, searched, arrested and convicted on a drug charge.

The majority of the Court ruled that it was constitutional, essentially because the police were only somewhat negligent.
Then perhaps there should be a case concerning the constitutionality of police stopping individuals without reasonable cause.
If the court were to rule that the police can not, it abrogates the rest.
That was not the focus of this case.


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06-21-2016, 06:45 AM

Quote:
Originally Posted by sjb View Post
Strieff WAS the victim. He was stopped for no legitimate reason, found to have a warrant for an unpaid parking violation, searched, arrested and convicted on a drug charge.

The majority of the Court ruled that it was constitutional, essentially because the police were only somewhat negligent.
this is not a "pro individual rights" dissent, its "anti police"........nothing new here..
  
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06-21-2016, 06:48 AM

Quote:
Originally Posted by sjb View Post
Strieff WAS the victim. He was stopped for no legitimate reason, found to have a warrant for an unpaid parking violation, searched, arrested and convicted on a drug charge.

The majority of the Court ruled that it was constitutional, essentially because the police were only somewhat negligent.
the reason was leaving a suspected drug house.....that is a reason.....

if you have an outstanding warrant, you likely will be arrested, and searched at the police station......
  
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A nice example of freedom loving judges that are Democrats
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A nice example of freedom loving judges that are Democrats - 06-21-2016, 06:53 AM

Quote:
Originally Posted by sjb View Post
All of you freedom and liberty lovin' constitutionalists around here who have bashed and demeaned Justice Sotomayor and Justice Ginsberg should take a few minutes and read Solomayor's dissent, joined by Ginsberg, in the recent Utah v. Strieff case.

For all the whining people do around here about their "freedom" being eroded and compromised -- most of it being manufactured bullshit -- THIS is the sort of thing you should really be paying attention to. And along the way, you might even notice that your freedom is being championed by at least two people whom you purport to despise (even though you're probably not even sure why).

Here's the opinion, which you can read as well if you care, but the dissent is where the meat is. Scroll through to find it.

http://www.supremecourt.gov/opinions...-1373_83i7.pdf
Nice Point and Proof that Democrats value Freedom, Personal Privacy and Individual Rights.


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