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PaperclipPerfector  4mo ago (text post)   38819 thread views

Culture War Roundup for the week of July 15, 2024

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Many easy ones.

  1. Jury verdict has to be unanimous. The idea that the key can pick and choose in a case that is not mallum in se is prohibited under the due process regime.

  2. Federal preemption — congress vested sole authority in DOJ and FEC to enforce FECA because there was a strong interest in a uniform application of the law (in part because it conflicts with the first amendment and in part because it is a federal election). The state can’t use this federal law as a predicate because of preemption.

  3. They could say the judge gave the wrong instructions not explaining FECA well (including botching the willfulness standard).

  4. Evidence was obtained that the recent ruling likely says was inappropriately obtained.

These are probably the most straightforward at the scotus level but there are more.

But I’m not sure it goes to scotus. Trump’s team can pick an appellate judge to immediately hear an appeal to stay the order. There are many reasons to junk this case. I think the NY appellate stays any jail sentence immediately.

Yeah, all fine, but I am thinking of those as idiosyncratic procedural glitches. I mean, suppose that the state convicted him of some dumb white collar crime that he was definitely guilty of and tried to jail him via impeccable process. Obviously it's untenable for an elected president to be jailed by New York State. But what theory would the Supreme Court use to prevent it? Straight-up vertical separation of powers? It would be fun to find out.

If jailed legitimately and elected, then i believe the court would say that because the constitution requires the president to take care that the laws are faithfully executed and doing so is incompatible with being jailed, the supremacy clause tolls the jail time while the president is in office.

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