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Can a SCOTUS nerd explain something about McGirt for me?
| ~~(> ' ' )> | 07/09/20 |
| slimshadyman leading u down a subthread wasteland | 07/09/20 |
| ~~(> ' ' )> | 07/09/20 |
| slimshadyman leading u down a subthread wasteland | 07/09/20 |
| slimshadyman leading u down a subthread wasteland | 07/09/20 |
| ,..,..,.,,.,....,....,,,.....,.... | 07/09/20 |
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Date: July 9th, 2020 12:44 PM Author: ~~(> ' ' )> Opinion: "But, in seeking to defend the state-court judgment below, Oklahoma has put aside whatever procedural defenses it might have and asked us to confirm that the land once given to the Creeks is no longer a reservation today."
Did Oklahoma actually give up some good defenses in an attempt to hit a home run? |
Date: July 9th, 2020 12:49 PM Author: slimshadyman leading u down a subthread wasteland (sarc) Not 100% certain since I didn't follow the lower litigation or read the briefs, but it appears that the state appeals court found McGirt had waived his argument because he never raised it on direct review. (He must have asserted it on collateral habeas attack or something in state courts)
The state, instead of relying on this waiver argument at SCOTUS, asked SCOTUS to decide the merits anyway (probably because they wanted a clear answer one way or another on what to do with these cases). Hence, the procedural defense it might have relied on.
That's what I'm getting from Thomas' dissent, anyway. |
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Date: July 9th, 2020 12:52 PM Author: ~~(> ' ' )> Thank you, internet friend. (http://www.autoadmit.com/thread.php?thread_id=4580051&forum_id=2#40574119) |
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Date: July 9th, 2020 12:55 PM Author: slimshadyman leading u down a subthread wasteland (sarc) anytime. I try to make this a lawchatbort sometimes. (http://www.autoadmit.com/thread.php?thread_id=4580051&forum_id=2#40574139) |
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Date: July 9th, 2020 12:52 PM Author: slimshadyman leading u down a subthread wasteland (sarc) Looking at the petition for cert - this was a pro se petition too? Damn. Impressive. (http://www.autoadmit.com/thread.php?thread_id=4580051&forum_id=2#40574120) |
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Date: July 9th, 2020 12:59 PM Author: ,..,..,.,,.,....,....,,,.....,.... that seems sensible, they're probably dealing with habeas claims from 50,000 defendants who suddenly realized that they're "Indian" and the state needs a clear answer (http://www.autoadmit.com/thread.php?thread_id=4580051&forum_id=2#40574156) |