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Cake day: June 18th, 2023

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  • She’s asking the lower appeals court to speed up the process of finalizing the appeal judgement in her favor.

    When a circuit appeals court makes a decision, that decision doesn’t become final until a separate piece of paper called the “mandate” is issued.

    If she didn’t make this request the mandate would be issued anyway within a certain time frame, like 30 days or so. She just wants it to happen faster.

    It sounds like Trump is thinking about annoying the supreme court with a motion to reconsider. If he does that, he would also file a counter motion in the circuit court to delay the mandate issuance.



  • The vote was 5-4 for the proposition that the Constitution guarantees birthright citizenship.

    The vote was 6-3 that a regular federal law guarantees the same right.

    Kavanaugh is the switcher. He voted against the Constitution and for the federal law. This is crazy because the relevant text in the law is a copy paste job from the Constitution. It’s the same text. Kavanaugh’s position is that the same words mean two different things in two different places, because the federal law was enacted at a different time than the constitutional amendment.

    Meanwhile, Gorsuch voted against birthright citizenship both times, but in his opinion he’s pretty clear that children born to parents who are domiciled in the US are citizens by birthright. Domicile means you are staying in the US long term and intend to remain. But you don’t need legal immigration status to have domicile. So that’s not really a Trump-friendly position if you dig into it.

    Edit: I meant to reply to the other comment, but I messed that up.



  • This ruling confirms that there is no other legal path to obtain that data which isn’t a warrant.

    The supreme court ruling doesn’t go this far.

    The ruling says that a search occurred when LEOs obtained the geofenced location data from a service provider. The case was sent back down to the circuit court to determine whether or not a warrant was required.

    There are various exceptions that allow the government to conduct warrantless searches under the 4th amendment. For example:

    • the “frisk” in a Terry stop to search for weapons.
    • search with consent
    • search incident to arrest
    • hot pursuit and exigent circumstance allow police to follow suspects into a place, but not usually to then go looking for stuff.
    • searches within the (generous) border zone for border enforcement
    • searches at airport security and similar contexts
    • public roadway DUI checkpoints and other road safety checkpoints that stop all drivers.

    It’s not obvious that any of those apply to this case, but maybe they do. The circuit court will decide.