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Alito won’t recuse himself

Discussion in 'Too Hot for Swamp Gas' started by Trickster, May 29, 2024.

  1. gatordavisl

    gatordavisl VIP Member

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    Apparently the flag in question looks like the "An Appeal to Heaven" flag show here.
    [​IMG]
    It's hard to imagine any home owner passing by that flag posted on their property and not inquiring about its meaning.
     
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  2. swampbabe

    swampbabe GC Hall of Fame

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    He is a full blown MAGAT and he will not recuse himself and nobody can make him.

    Side note, there are things that I cannot say or do because of my husband’s job. My rights aren’t being violated.
     
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  3. citygator

    citygator VIP Member

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    If the other conservatives on the court align with Alito and Thomas then it doesnt really matter if 2 are bought and paid for. All the conservatives can’t be whacko conspiracy people.
     
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  4. ursidman

    ursidman VIP Member

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    Nope.
    When the government attempts to limit your speech, that a is 1st amendment violation.
    When a husband attempts to control his wife’s speech, that is known as a squabble.
     
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  5. G8trGr8t

    G8trGr8t Premium Member

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    Roberts refuses to meet with the Senate. Says justices must avoid all appearances of politics. Maybe he needs to tell Alito.


    Chief Justice John Roberts on Thursday rejected a meeting request from Democratic lawmakers who wanted to discuss two provocative flags hoisted at Justice Samuel Alito’s properties.
    “Separation of powers concerns and the importance of preserving judicial independence counsel against such appearances,” Roberts wrote in a letter released by the Supreme Court.
     
    Last edited: May 30, 2024
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  6. tilly

    tilly Superhero Mod. Fast witted. Bulletproof posts. Moderator VIP Member

    No.
     
  7. rivergator

    rivergator Too Hot Mod Moderator VIP Member

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    I don't think the first amendment comes into play when you're talking about husbands and wives.
     
  8. tilly

    tilly Superhero Mod. Fast witted. Bulletproof posts. Moderator VIP Member

    Did I say it was no big deal? Or are you just making crap up. I called her stupid for posting the flag. As for the N word, that would be hate speech aimed at a protected class.

    Maybe you'd be happier had she just burned a flag and dragged it through the street?

    (See we can all make crap up.)

    Again, if you think one fiber of my being defends Jan 6 or the orange horse it rode in on, you need to ask around and educate yourself.
     
  9. tilly

    tilly Superhero Mod. Fast witted. Bulletproof posts. Moderator VIP Member

    So a justice can just make me take a flag down? I have no free speech rights on my property?

    I have never suggested he not ask her to remove it or even push for its removal. I made a simple comment (with tongue half in cheek) about him being able to force his adult wife to remove an American flag from the house.
     
  10. rivergator

    rivergator Too Hot Mod Moderator VIP Member

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    Exactly. If you're married to him.
     
  11. tilly

    tilly Superhero Mod. Fast witted. Bulletproof posts. Moderator VIP Member

    But the flag issue isnt something she legally can't do. Forcing her to would indeed violate her rights.

    She is a 1/6 conspiracy nut, and I have already said twice...she is stupid....but legally she has every right to fly that flag and the comparison to your husband isnt relevant.
     
  12. tilly

    tilly Superhero Mod. Fast witted. Bulletproof posts. Moderator VIP Member

    Is this correct? Even if that spouse is the government?
     
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  13. archigator_96

    archigator_96 GC Hall of Fame

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    But if what NBC said is true, the prosecution didn't really present any evidence that those other crimes were committed. Just that if you believe the first part as a juror, then you can make whatever leap you want for the rest.
     
  14. dangolegators

    dangolegators GC Hall of Fame

    Apr 26, 2007
    How so? If the wife puts up a nazi flag and the husband doesn't want to be known as a nazi it's a violation of her free speech for him to take it down, but it wasn't a violation of his free speech for her to have put it up without his consent?

    And legally, as you've been told, it's not actually a free speech issue either way. But we are talking in a general (non-legal) sense here of people expressing themselves without being told by others what they can and can't say.
     
  15. tilly

    tilly Superhero Mod. Fast witted. Bulletproof posts. Moderator VIP Member

    I havent been given any legal reason why it isnt ...because he is the government and her husband. If my wife becomes a judge does that change MY rights? If so, where is that written?

    As to your question, her speech does not violate his. How does it? What has he been told he can not say or express?
     
  16. dangolegators

    dangolegators GC Hall of Fame

    Apr 26, 2007
    Bizarre argument. Alito is the government? Even in his own house? And whether or not your spouse is a judge has nothing to do with it. If a husband and wife have a disagreement over a yard sign it is not legally a free speech issue. Assuming they both own the property, the wife can put the sign up, the husband can take it down. They can do that every day of the year. It's not legally a free speech issue.
     
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  17. tampagtr

    tampagtr VIP Member

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    From my following the case on twitter they presented plenty of evidence. And it doesn't have to be a completed crime it only has to be attempted
     
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  18. mdgator05

    mdgator05 Premium Member

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    Yes, for the same reason that he is allowed to attend church as a member of the government and it is not considered establishing a religion. Being a government employee doesn't mean that you give up your right to control speech on your property.

    What he could do: tell his wife that you are taking the flag down due to not wanting to support that speech on your joint property.

    What he can't do (in theory): issue a court order and have law enforcement come take it down.
     
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  19. gatordavisl

    gatordavisl VIP Member

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    It's likely a matter of discretion. The Judge's conduct code contains some compelling, albeit generic, language.

    Code of Conduct for United States Judges.

    A judge must expect to be the subject of constant public scrutiny and accept freely and willingly restrictions that might be viewed as burdensome by the ordinary citizen. Because it is not practicable to list all prohibited acts, the prohibition is necessarily cast in general terms that extend to conduct by judges that is harmful although not specifically mentioned in the Code.

    (1) A judge shall disqualify himself or herself in a proceeding in which the judge’s impartiality might reasonably be questioned, including but not limited to instances in which:

    (a) the judge has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding;

    (c) the judge knows that the judge, individually or as a fiduciary, or the judge’s spouse or minor child residing in the judge’s household, has a financial interest in the subject matter in controversy or in a party to the proceeding, or any other interest that could be affected substantially by the outcome of the proceeding;
     
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  20. swampbabe

    swampbabe GC Hall of Fame

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    Sorry, you’re flailing here.
    To add: the comparison to my husband is quite relevant given the nature of his job.
     
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