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Sotomayor was more embarrassing than usual today

JUSTICE SOTOMAYOR: That's sort of hard to understand because...
Coiffed gas station travel guidebook
  03/02/15
Wow. They do a lot of talking at her Sbarro
Curious Senate Double Fault
  03/02/15
There are much worse self-pwns than that.
Azure Doobsian Theater
  03/02/15
very normal for a competent minority woman to be talked over...
diverse casino chad
  03/02/15
lol
aphrodisiac fighting rigpig
  03/02/15
keep up the good work and poast ITT for posterity's sake: ...
tan trip school cafeteria
  03/02/15
I'm all for So-Somayor bashing, but I don't really see how t...
Up-to-no-good misunderstood orchestra pit
  03/02/15
Yeah it's not pwnage of a justice when an advocate says he t...
Azure Doobsian Theater
  03/02/15


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Date: March 2nd, 2015 6:06 PM
Author: Coiffed gas station travel guidebook

JUSTICE SOTOMAYOR: That's sort of hard to understand because we made it very clear in Smiley and in Hildebrant that we're defining legislature in this clause as meaning legislative process.

MR. CLEMENT: With with all due respect, I disagree.

--

JUSTICE SOTOMAYOR: And if a State constitution says that the people hold the power and they can choose a commission or however else they want to do it, isn't that the legislative process?

MR. CLEMENT: No, it's not. But, I mean, I disagree with you, Justice Sotomayor, but that's not particularly important.

---

THIS IS THE GOLD MINE BELOW

---

MR. CLEMENT: I think they would have the power to do an initiative. I don't think they would have to do the power to do a referendum.

One of the ironies is that my friends on the other side like to talk about the power of the people, but the maps that the commission promulgates are not subject to override by referendum the way the maps of the legislature were before Proposition 106 passed.

So I think all the legislature could do is what any citizen should do which is to propose an alternative map by initiative process. But whatever that is, that's not the primary power to prescribe congressional districts or to make election regulations. That puts the State legislature on the same plain as the people, and we know --

JUSTICE SOTOMAYOR: So please tell me --

JUSTICE SCALIA: Do I understand you to say that it would be okay if the legislature itself established this commission?

MR. CLEMENT: I would I would take the position that that is okay because that is a delegation of authority. If you disagree with me, I mean, you know, you may disagree with me, but I think my position is consistent with what this Court said in the McPherson case about the authority of the State legislatures to prescribe rules for electorates. They can delegate that to some commission and come up with it that way, but if they want to take the authority back, as they did in the in the Michigan piece of legislation at issue in McPherson, you bet they can do that, and if the State tries to stop them from taking it back, that's a constitutional problem.

JUSTICE SOTOMAYOR: So --

JUSTICE KAGAN: So tell me, Mr. Clement, there's the State sets up this independent commission and the independent commission has a veto power on the State's redistricting. In other words, the State can do redistricting and then it submits it to the independent commission, and the independent commission can say, No, go back, do it again.

MR. CLEMENT: Well, if I mean, I guess it depends a little bit on the details of how that works and whether who's got the ultimate last say in the matter.

http://www.supremecourt.gov/oral_arguments/argument_transcripts/13-1314_q8l1.pdf

(http://www.autoadmit.com/thread.php?thread_id=2821044&forum_id=2#27418305)



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Date: March 2nd, 2015 6:07 PM
Author: Curious Senate Double Fault

Wow. They do a lot of talking at her Sbarro

(http://www.autoadmit.com/thread.php?thread_id=2821044&forum_id=2#27418308)



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Date: March 2nd, 2015 6:08 PM
Author: Azure Doobsian Theater

There are much worse self-pwns than that.

(http://www.autoadmit.com/thread.php?thread_id=2821044&forum_id=2#27418316)



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Date: March 2nd, 2015 6:08 PM
Author: diverse casino chad

very normal for a competent minority woman to be talked over even when she's an expert. ty for mansplaining it.

(http://www.autoadmit.com/thread.php?thread_id=2821044&forum_id=2#27418317)



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Date: March 2nd, 2015 6:14 PM
Author: aphrodisiac fighting rigpig

lol

(http://www.autoadmit.com/thread.php?thread_id=2821044&forum_id=2#27418341)



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Date: March 2nd, 2015 6:12 PM
Author: tan trip school cafeteria

keep up the good work and poast ITT for posterity's sake:

http://www.xoxohth.com/thread.php?thread_id=2160853&mc=135&forum_id=2

(http://www.autoadmit.com/thread.php?thread_id=2821044&forum_id=2#27418335)



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Date: March 2nd, 2015 6:21 PM
Author: Up-to-no-good misunderstood orchestra pit

I'm all for So-Somayor bashing, but I don't really see how this was a fail.

(http://www.autoadmit.com/thread.php?thread_id=2821044&forum_id=2#27418378)



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Date: March 2nd, 2015 6:22 PM
Author: Azure Doobsian Theater

Yeah it's not pwnage of a justice when an advocate says he thinks they're wrong, especially when saying the justice is right strongly undermines the advocate's argument. And the interruptions happen all the time.

(http://www.autoadmit.com/thread.php?thread_id=2821044&forum_id=2#27418389)