SCOTUS grant: Caniglia v Strom, "community caretaking" for warrantless home entry

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  • TheBert

    The Member
    MDS Supporter
    Aug 10, 2013
    7,687
    Gaithersburg, Maryland
    It's not about having the balls. It's about having the actual means to do it. Biden/Schumer/Pelosi don't have the means, because they don't have enough senators on board with gutting the filibuster, especially for the purpose of packing the court. More than enough D senators have said they want nothing to do with it and won't weaken, let alone destroy the filibuster.

    With any luck, they'll have even less of a chance at it after the 2022 mid-terms. The Dems that are saying they won't stoop to that tactic are doing so in hopes that they can still retain control of both houses of congress by not plainly going over the cliff into no-checks-and-balances territory, which would get them slaughtered in 2022, and they know it. The not-insanely-leftist D legislators know that not grabbing pure simple majority power is how they might actually hold on to the power they have, rather than burn it in a bonfire next year.

    Even with the filibuster alive, the skin-of-the-teeth D majority in the legislature still allows them to control the legislative agenda (the Rs can filibuster things the Ds introduce, but the Rs can't force the Ds to take up bills the Ds don't want), and that's better for them than getting creamed in 2022.


    Harry Reid already screwed the Demoncrats over while removing the filibuster for judicial appointments. Trump filled the federal judiciary with conservatives.
     

    delaware_export

    Ultimate Member
    Apr 10, 2018
    3,142
    The libs are shaking in their shoes about this one and the Mississippi abortion cases that have been granted cert.

    They also have a case of exploding heads as pertains that you can be a scotus justice and NOT be a lib. And all sorts of other things.

    Also say that the judges are having worse internal struggles now than every before accusing each other of being political hacks.

    Bless their hearts.

    It’ll be interesting to see if they try the moot thing… with the last case, after every low court judge agreed with the nyc vs nycrpc case…
     

    Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,360
    SoMD / West PA
    I am wondering why it is taking so long to release the opinion in Lange v California (20-18)

    The SCOTUS has been siding on the 4A side of things lately.
     

    press1280

    Ultimate Member
    Jun 11, 2010
    7,878
    WV
    I am wondering why it is taking so long to release the opinion in Lange v California (20-18)

    The SCOTUS has been siding on the 4A side of things lately.

    I take it as a very close split decision that'll get handed down perhaps the last day of the term.
     

    Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,360
    SoMD / West PA
    I am wondering why it is taking so long to release the opinion in Lange v California (20-18)

    The SCOTUS has been siding on the 4A side of things lately.

    I take it as a very close split decision that'll get handed down perhaps the last day of the term.

    It should be an easy opinion to write: vacated and remanded, see Caniglia v Strom.

    From the supreme court website for Lange v California (20-18):

    Judgment VACATED and case REMANDED. Kagan, J., delivered the opinion of the Court, in which Breyer, Sotomayor, Gorsuch, Kavanaugh, and Barrett, JJ., joined, and in which Thomas, J., joined as to all but Part II–A. Kavanaugh, J., filed a concurring opinion. Thomas, J., filed an opinion concurring in part and concurring in the judgment, in which Kavanaugh, J., joined as to Part II. Roberts, C. J., filed an opinion concurring in the judgment, in which Alito, J., joined.

    Because the California Court of Appeal applied the categorical rule we reject today, we vacate its judgment and remand the case for further proceedings not inconsistent with this opinion.
    https://www.supremecourt.gov/opinions/20pdf/20-18_new_6k47.pdf
     

    jcutonilli

    Ultimate Member
    Mar 28, 2013
    2,474
    From the supreme court website for Lange v California (20-18):

    Judgment VACATED and case REMANDED. Kagan, J., delivered the opinion of the Court, in which Breyer, Sotomayor, Gorsuch, Kavanaugh, and Barrett, JJ., joined, and in which Thomas, J., joined as to all but Part II–A. Kavanaugh, J., filed a concurring opinion. Thomas, J., filed an opinion concurring in part and concurring in the judgment, in which Kavanaugh, J., joined as to Part II. Roberts, C. J., filed an opinion concurring in the judgment, in which Alito, J., joined.


    https://www.supremecourt.gov/opinions/20pdf/20-18_new_6k47.pdf

    If you want to understand why certain cases take a while to resolve, look at this case. It was a unanimous opinion, yet the majority opinion did not get 7 full votes (Thomas did not agree will all of it). Thomas and Kavanaugh each wrote a concurring opinion that no one else joined. Roberts and Alito did not join the majority opinion, with Alito joining Roberts concurring opinion.
     

    jcutonilli

    Ultimate Member
    Mar 28, 2013
    2,474
    I believe this issue was settled in August, 2021.

    A good legal analysis with color commentary is available at Unanimous Supreme Court Limits Home Search Exception.

    The Caniglia v Strom case was decided 17 May 2021. The decision remanded the case for further litigation to determine the application of the decision to the case. The City of Cranston just settled the remanded case. This thread was revived because of this.
     

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