As to Kavanaugh's "totality of the circumstances," the phrase is called "the law student's friend," as it is not only a phrase from controlling authority but actually controls nothing,being so stupidly all-encompassing as to be meaningless. It is therefore useful in answering any Fourth Amendment question however any lazy judge or lazy 1L prefers to answer it.
It is not “so stupidly all-encompassing as to be meaningless.” It is an attempt to incorporate common sense into law-perhaps an impossible task. We all use the “totality of the circumstances” every day to make decisions. Sometimes the decisions are wrong, but they are not baseless.
Granting all your good points, the phrase is still so broad as to render meaningless any standard of review. Did the lower court misapply the law? No, or yes, considering the totality of the circumstances. Abuse its discretion? Same. In Kavanaugh's concurrence, the phrase simply swallows itself,since among the circumstances to be totaled up, e.g.race color, accent, have been held to equal zero by the Court's own previous decisions. So it's fair to say that this decision is not only baseless but expressly revealed as baseless by Kavanaugh's feckless attempt to justify the unjustifiable.There will be more to come.
Thanks for the clarity of explanation. It appears (again!) that TheSeparation of Powers is being eroded. My suspicions began with the conservative change to SCOTUS. Liberals/ Progressives blinked!
I grew up in Aspen during the 70s-80s. The influential parents of my time there ranged from John Denver to Hunter S. Thompson. Trying to find ways to inspire influencers of today by some of the originals…before the computer. So, i have created this series of articles. I am calling it…”Voices of the past talking about the present, trying to inspire a better future” … be it Positive or Gonzo. The deal is, I will stop writing when Trump stops giving me things to write about. Now it’s up to him. We all know how Hunter felt about Nixon…double that sentiment for Trump.
They are the end of the line. The next step is armed rebellion. And one basis for the Second Amendment is that people have the right to arm themselves to upend government.
As to Kavanaugh's "totality of the circumstances," the phrase is called "the law student's friend," as it is not only a phrase from controlling authority but actually controls nothing,being so stupidly all-encompassing as to be meaningless. It is therefore useful in answering any Fourth Amendment question however any lazy judge or lazy 1L prefers to answer it.
It is not “so stupidly all-encompassing as to be meaningless.” It is an attempt to incorporate common sense into law-perhaps an impossible task. We all use the “totality of the circumstances” every day to make decisions. Sometimes the decisions are wrong, but they are not baseless.
Granting all your good points, the phrase is still so broad as to render meaningless any standard of review. Did the lower court misapply the law? No, or yes, considering the totality of the circumstances. Abuse its discretion? Same. In Kavanaugh's concurrence, the phrase simply swallows itself,since among the circumstances to be totaled up, e.g.race color, accent, have been held to equal zero by the Court's own previous decisions. So it's fair to say that this decision is not only baseless but expressly revealed as baseless by Kavanaugh's feckless attempt to justify the unjustifiable.There will be more to come.
Thanks for the score card analysis, Facile and boring. Well done
Thanks for the clarity of explanation. It appears (again!) that TheSeparation of Powers is being eroded. My suspicions began with the conservative change to SCOTUS. Liberals/ Progressives blinked!
I grew up in Aspen during the 70s-80s. The influential parents of my time there ranged from John Denver to Hunter S. Thompson. Trying to find ways to inspire influencers of today by some of the originals…before the computer. So, i have created this series of articles. I am calling it…”Voices of the past talking about the present, trying to inspire a better future” … be it Positive or Gonzo. The deal is, I will stop writing when Trump stops giving me things to write about. Now it’s up to him. We all know how Hunter felt about Nixon…double that sentiment for Trump.
https://open.substack.com/pub/growingupaspen/p/the-supreme-court-is-out-of-controlheres?r=2g93c&utm_medium=ios
https://open.substack.com/pub/growingupaspen/p/the-supreme-court-is-out-of-controlheres?r=2g93c&utm_medium=ios
While things are temporary, it can go in any direction. Am looking forward to when the Court get to the Merits or perhaps demerits of the case.
Would the courts decision to ban the line item veto have some relevance here
Also Kavanaugh overstated the immigrant population in LA by doubling it Did he really research this case
Scalia would be appalled
This is hypothetical - What recourse do judges/ people have should the supreme court not follow rule of law and precedence.
They are the end of the line. The next step is armed rebellion. And one basis for the Second Amendment is that people have the right to arm themselves to upend government.
At 86 years of age, I never thought I’d hear this comment or see the nation in such a Constitutional conundrum.