Forsaken.Rhoeth

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oooo that's ... okay yeah that one is funny haha

Morning Patriots

Hopefully yes ๐Ÿ˜ƒ

Hello ya'll!
Me and Xrindahl were going over the upcoming cases on the SC docket for October - we found some possible interesting cases
We split up the cases between us one pdf for each of us - and made a list of summaries - I love team work! ๐Ÿ˜ƒ
Found the HOG!
1. http://www.scotusblog.com/case-files/cases/republic-sudan-v-harrison/ Issue: Whether the U.S. Court of Appeals for the 2nd Circuit erred by holding โ€“ in direct conflict with the U.S. Courts of Appeals for the District of Columbia, 5th and 7th Circuits and in the face of an amicus brief from the United States โ€“ that plaintiffs suing a foreign state under the Foreign Sovereign Immunities Act may serve the foreign state under 28 U.S.C. ยง 1608(a)(3) by mail addressed and dispatched to the head of the foreign state's ministry of foreign affairs โ€œviaโ€ or in โ€œcare ofโ€ the foreign state's diplomatic mission in the United States, despite U.S. obligations under the Vienna Convention on Diplomatic Relations to preserve mission inviolability. CVSG: 05/22/2018.
2. http://www.scotusblog.com/wp-content/uploads/2017/09/16-1275-BIO.pdf http://www.scotusblog.com/case-files/cases/virginia-uranium-inc-v-warren Issue: Issue: Whether the Atomic Energy Act pre-empts a state law that on its face regulates an activity within its jurisdiction (here, uranium mining), but has the purpose and effect of regulating the radiological safety hazards of activities entrusted to the Nuclear Regulatory Commission (here, the milling of uranium and the management of the resulting tailings). CVSG: 04/09/2018.

This was a joint effort of me and @Xrindahl

4. GUNDY V US http://www.scotusblog.com/case-files/cases/gundy-v-united-states/ Issue: Issue: Whether the federal Sex Offender Registration and Notification Actโ€™s delegation of authority to the attorney general to issue regulations under 42 U.S.C. ยง 16913 violates the nondelegation doctrine.

5. Stokeling v US http://www.scotusblog.com/case-files/cases/stokeling-v-united-states/ Issue: Whether a state robbery offense that includes โ€œas an elementโ€ the common law requirement of overcoming โ€œvictim resistanceโ€ is categorically a โ€œviolent felonyโ€ under the Armed Career Criminal Act, 18 U.S.C. ยง 924(e)(2)(B)(i), when the offense has been specifically interpreted by state appellate courts to require only slight force to overcome resistance.

6. Frank v Gaos

Issue: Whether, or in what circumstances, a cy pres award of class action proceeds that provides no direct relief to class members supports class certification and comports with the requirement that a settlement binding class members must be โ€œfair, reasonable, and adequate.โ€

http://www.scotusblog.com/case-files/cases/frank-v-gaos/
https://www.oyez.org/cases/2018/17-961

-found by Xrindahl

{6 A} Facts of the case
In a group of consolidated class actions, three plaintiffs sued Google on behalf of internet users who claimed that their privacy was violated under the Stored Communications Act, 18 U.S.C. ยง 2701, et. seq., and California law by the companyโ€™s disclosure of their internet search terms to third party websites. The case went to mediation, and the parties reached a settlement which they submitted to the district court for approval in July 2013.

Among the terms of the settlement were that Google would pay $5.3 million of the $8.3 million total to six cy pres recipients, provided that they agreed to dedicate the funds to promoting education and initiatives relating to internet privacy. The district court certified the class for settlement purposes, and preliminarily approved the settlement. Notice was sent out to the class in 2014, with 13 class members opting out and 5, including Thomas Frank, filing objections (โ€œthe Objectorsโ€).

{6 B} The district court approved the partiesโ€™ settlement in 2015, and with regard to the objections, found that: (1) the cy pres award was appropriate because the award was non-distributable, (2) Rule 23(b)(3)โ€™s superiority requirement was not affected by whether the award was cy pres, (3) there was a substantial nexus between the cy pres recipients and the interests of the class members, and there was no evidence that the partiesโ€™ preexisting relationships with the recipients influenced the selection process, and (4) the amount of attorney fees was commensurate with the benefit to the class.

The Ninth Circuit approved the district courtโ€™s ruling approving the settlement, holding that the district court had not abused its discretion with regard to any of the four findings described above.

{6 C} Question of the Issue:
Does a cy pres award of class action proceeds that provides no direct relief to class members support class certification and comport with the requirement that a settlement binding class members must be โ€œfair, reasonable, and adequate,โ€ and if so, in what circumstances?

{6 D} Definition of Cy-pres: https://en.wikipedia.org/wiki/Cy-prรจs_doctrine : The cy-prรจs doctrine (/หŒsiหหˆpreษช/ SEE-PRAY) is a legal doctrine that first arose in courts of equity. The legal French term literally means "so near/close" and can be translated as "as near as possible" or "as near as may be".[1] The doctrine originated in the law of charitable trusts, but has been applied in the context of class action settlements in the United States.

7. Nielsen v Preap http://www.scotusblog.com/case-files/cases/nielsen-v-preap/ Issue: Whether a criminal alien becomes exempt from mandatory detention under 8 U.S.C. ยง 1226(c) if, after the alien is released from criminal custody, the Department of Homeland Security does not take him into immigration custody immediately.

8. GARZA v IDAHO http://www.scotusblog.com/case-files/cases/garza-v-idaho/ Issue: Whether the โ€œpresumption of prejudiceโ€ recognized in Roe v. Flores-Ortega applies when a criminal defendant instructs his trial counsel to file a notice of appeal but trial counsel decides not to do so because the defendantโ€™s plea agreement included an appeal waiver. Please see related case: https://www.oyez.org/cases/1999/98-1441

Argument preview: Justices to consider enforceability of arbitration agreements for transportation workers


All of this has happened before. All of this will happen again. A business signs contracts with its workers (or its customers, or suppliers, or anybody else for that matter), in which the workers agree that they will resolve any disputes before an arbitrator rather than a court. Employees often do not like arbitration, in part because they worry that the arbitrator will be more favorable to the employer than a court. The lower courts hold the agreements unenforceable (reflecting a longstanding judicial suspicion of a contract premised on the notion that employers prefer to limit judicial scrutiny of their behavior). The Supreme Court grants review and in a closely divided decision holds that the Federal Arbitration Act requires that the disputes be sent to arbitration. It would be easy to predict such a fate for New Prime Inc. v. Oliveira, on the argument calendar for the first Wednesday of the new term. But Oliveira presents some powerful arguments that should give pause. Most obviously, when you look to the actual text of the FAA, you will notice that it does not exempt all transportation โ€œemployees.โ€ Rather, it exempts the โ€œcontracts of employmentโ€ of transportation employees, which is not quite the same thing. The difference might be significant because the term โ€œcontracts of employmentโ€ was commonly used at the time of the FAAโ€™s adoption (the presidency of Calvin Coolidge) as a general term to describe both contracts with employees and contracts with independent contractors. And so, a textualist, applying the FAA in accordance with the common understanding of the text at the time of its adoption, might be persuaded that the exempted โ€œcontracts of employmentโ€ include all contracts with transportation workers whether the workers happen to be employees or independent contractors.

{9} Madison v. Alabama http://www.apa.org/about/offices/ogc/amicus/madison.aspx Facts: The petitioner in Madison (Vernon Madison) has been on death row for over 30 years. In that time, he suffered numerous strokes and was diagnosed with vascular neurological disorder, or vascular dementia. As a result, he no longer remembers the offense for which he was sentenced to die, nor his trial or arrest.

{9} http://www.scotusblog.com/2018/05/justices-grant-four-new-cases/ : Virginia Uranium v. Warren, Jam v. International Finance Corp., Royal v. Murphy, Culbertson v. Berryhill, and in addintion: The Supreme Court once again did not act on Azar v. Garza, in which the federal government has asked them to nullify a ruling by the U.S. Court of Appeals for the District of Columbia Circuit that allowed a pregnant teenager to obtain an abortion.

Abortion

Kaยญvanaugh ruled in favor of aborยญtion reยญstricยญtions in at least one case.[70][71][72] In Ocยญtoยญber 2017, Kaยญvanaugh joined an unยญsigned diยญvided panel opinยญion which found that the Ofยญficeโ€…ofโ€…Refugeeโ€…Reยญsetยญtleยญment could temยญporarยญily preยญvent an unยญacยญcomยญpaยญnied alien minor in its cusยญtody from travยญelยญing to obยญtain an abortion.[72] Days later, the enโ€…banc D.C. Cirยญcuit reยญversed that judgยญment, with Kaยญvanaugh dissenting.[72][73] The girl then obยญtained an abortion.[74] In his disยญsent, Kaยญvanaugh critยญiยญcized the maยญjorยญity for creยญatยญing "a new right for unยญlawยญful imยญmiยญgrant miยญnors in U.S. govยญernยญment deยญtenยญtion to obยญtain imยญmeยญdiยญate aborยญtion on demand".[75] In Azarโ€…v.โ€…Garza (2018), the girl's claim was ulยญtiยญmately disยญmissed as moot after the en banc D.C. Cirยญcuit's judgยญment was vaยญcated by the U.S. Supreme Court.[76]

Affordable Care Act

Appointments Clause and separation of powers

In Auยญgust 2008, Kaยญvanaugh disยญsented when the cirยญcuit found that the Conยญstiยญtuยญtion's Apยญpointยญmentsโ€…Clause did not preยญvent the Sarยญbanesโ€“Oxleyโ€…Act from creยญatยญing a board whose memยญbers were not diยญrectly reยญmovยญable by the President.[85][86] In Freeโ€…Enยญterยญpriseโ€…Fundโ€…v.โ€…Pubยญlicโ€…Comยญpanyโ€…Acยญcountยญingโ€…Overยญsightโ€…Board (2010), the Supreme Court reยญversed the cirยญcuit's judgยญment by a vote of 5โ€“4.[87]

In 2015, Kaยญvanaugh found that those diยญrectly regยญuยญlated by the Conยญsumerโ€…Fiยญnanยญcialโ€…Proยญtecยญtionโ€…Buยญreau (CFPB) could chalยญlenge the conยญstiยญtuยญtionยญalยญity of its design.[88][89] In Ocยญtoยญber 2016, Kaยญvanaugh wrote for a diยญvided panel findยญing that the CFPB's deยญsign was unยญconยญstiยญtuยญtional, and made the CFPB Diยญrecยญtor reยญmovยญable by the Presยญiยญdentโ€…ofโ€…theโ€…Unitedโ€…States.[90][91] In Janยญuยญary 2018, the en banc D.C. Cirยญcuit reยญversed that judgยญment by a vote of 7โ€“3, over the disยญsent of Kavanaugh.[92][93]

Extraterritorial jurisdiction

In Doeโ€…v.โ€…Exxonโ€…Mobilโ€…Corp. (2007), Kaยญvanaugh disยญsented when the cirยญcuit court alยญlowed a lawยญsuit makยญing acยญcuยญsaยญtionsโ€…ofโ€…ExxonยญMoยญbilโ€…humanโ€…rightsโ€…viยญoยญlaยญtionsโ€…inโ€…Inยญdoneยญsia to proยญceed, arยญguยญing in his disยญsent that the claims were not jusยญtiยญciaยญble.[104][105] Kaยญvanaugh disยญsented again when the cirยญcuit court later found that the corยญpoยญraยญtion could be sued under the Alienโ€…Tortโ€…Statute of 1789.

{What is the Alien Tort Statue? } The Alien Tort Statute (28โ€…U.S.C. ยง 1350; ATS), also called the Alien Tort Claims Act (ATCA), is a section of the Unitedโ€…Statesโ€…Code that reads: "The districtโ€…courts shall have originalโ€…jurisdiction of any civil action by an alien for a tort only, committed in violation of the lawโ€…ofโ€…nations or a treatyโ€…ofโ€…theโ€…Unitedโ€…States." Since 1980, courts have interpreted this statute to allow foreign citizens to seek remedies in U.S. courts for human-rights violations for conduct committed outside the United States.

@Converge did you find the link?

In 2014, Kavanaugh concurred in the judgment when the en banc D.C. Circuit found that the Freeโ€…Speechโ€…Clause did not forbid the government from requiring meatpackers to include a country of origin label on their products.[111][112] In Unitedโ€…Statesโ€…Telecomโ€…Ass'nโ€…v.โ€…FCCโ€…(2016), Kavanaugh dissented when the en banc circuit refused to rehear a rejected challenge to the netโ€…neutrality rule, writing, "Congress did not clearly authorize the FCC to issue the net neutrality rule".[38][113][114]

Fourth Amendment and civil liberties

In Noยญvemยญber 2010, Kaยญvanaugh disยญsented from the deยญnial of reยญhearยญing en banc after the cirยญcuit found that atยญtachยญing a Globalโ€…Poยญsiยญtionยญingโ€…Sysยญtem trackยญing deยญvice to a veยญhiยญcle viยญoยญlated the Fourthโ€…Amendยญmentโ€…toโ€…theโ€…Unitedโ€…Statesโ€…Conยญstiยญtuยญtion.[115][116] The cirยญcuit's judgยญment was then afยญfirmed by the Supreme Court in Unitedโ€…Statesโ€…v.โ€…Jones (2012).[117] In Febยญruยญary 2016, Kaยญvanaugh disยญsented when the en banc cirยญcuit reยญfused to reยญhear poยญlice ofยญfiยญcers' reยญjected claims of qualยญiยญfiedโ€…imยญmuยญnity for arยญrestยญing parยญtyยญgoยญers in a vaยญcant house.[38][118] In Disยญtrictโ€…ofโ€…Coยญlumยญbiaโ€…v.โ€…Wesby (2018), the Supreme Court unanยญiยญmously reยญversed the cirยญcuit's judgment.[119]

Facts of the case
Antoine Jones was arrested on Oct. 24, 2005, for drug possession after police attached a tracker to Jones's Jeep -- without judicial approval -- and used it to follow him for a month. A jury found Jones not guilty on all charges save for conspiracy, on which point jurors hung. District prosecutors, upset at the loss, re-filed a single count of conspiracy against Jones and his business partner, Lawrence Maynard. Jones owned the "Levels" nightclub in the District of Columbia. Jones and Maynard were then convicted, but a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit ruled that the Supreme Court specifically stated in a 1983 case regarding the use of a beeper to track a suspect that the decision could not be used to justify 24-hour surveillance without a warrant.

In Klaymanโ€…v.โ€…Obama (2015), Kavanaugh concurred when the circuit court denied an en banc rehearing of its decision to vacate a district court order blocking the Nationalโ€…Securityโ€…Agency's warrantless bulk collection of telephony metadata.[120][121] In his concurrence, Kavanaugh wrote that the metadata collection was not a search, and, even if it were, no reasonableโ€…suspicion would be required because of the government's special need to prevent terrorist attacks.[122] In Klayman I, the plaintiffs, subscribers of Verizon Wireless, brought suit against the NSA, the Department of Justice, Verizon Communications, President Barack Obama, Eric Holder, the United States Attorney General, and General Keith B. Alexander, the Director of the National Security Agency.[3] The plaintiffs alleged that the government is conducting a "secret and illegal government scheme to intercept vast quantities of domestic telephonic communications" and that the program violates First, Fourth and Fifth Amendment and exceeds statutory authority granted by Section 215.[3] In Klayman II, the plaintiffs sued the same government defendants and in addition, Facebook, Yahoo!, Google, Microsoft, YouTube, AOL, PalTalk, Skype, Sprint, AT&T, Apple again alleging the bulk metadata collection violates the First, Fourth and Fifth Amendment and constitutes divulgence of communication records in violation of Section 2702 of Stored Communications Act.[4]

Law clerk hiring practices and controversy

More than half of Kaยญvanaugh's law clerks have been women (25 of 48) and more than a quarยญter have been peoยญple of color (13 of 48).[70] A numยญber of Kaยญvanaugh's law clerks are the chilยญdren of other judges and high proยญfile legal figยญures, inยญcludยญing Clayยญton Kozinยญski (son of forยญmer fedยญeral Judge Alexโ€…Kozinยญski), Porter Wilkinยญson (daughยญter of Judge J.โ€…Harvieโ€…Wilkinยญsonโ€…III), Philip Alito (son of Jusยญticeโ€…Samuelโ€…Alito), Sophia Chua-Rubenยญfeld (daughยญter of Yale Law Proยญfesยญsor Amyโ€…Chua), and Emily Chertoff (daughยญter of forยญmer DHS Secยญreยญtary Michaelโ€…Chertoff).[139][140]

On Sepยญtemยญber 20, 2018, Theโ€…Guardian reยญported that two promiยญnent Yale proยญfesยญsors had adยญvised feยญmale law stuยญdents at Yale that their physยญiยญcal atยญtracยญtiveยญness and femยญiยญninยญity could play a role in seยญcurยญing a clerkยญship with Kaยญvanaugh. Amyโ€…Chua reยญportยญedly stated that feยญmale law stuยญdents should exude a "model-like" femยญiยญninยญity and "dress outยญgoยญing" in their job inยญterยญview with Kaยญvanaugh. Jedโ€…Rubenยญfeld reยญportยญedly stated that Kaยญvanaugh "hires women with a cerยญtain look".[141] In a stateยญment to The Guardian in reยญsponse to the reยญport, Chua reยญleased a stateยญment in which she deยญnied the noยญtion that Kaยญvanaugh's hirยญing was imยญpacted by the atยญtracยญtiveยญness of feยญmale clerks. She stated, "Judge Kaยญvanaugh's first and only litยญmus test in hirยญing has been excellence."[141] Yale Law School Dean Heather Gerken has stated that the alยญleยญgaยญtions reยญported by the Guardian "are of enorยญmous conยญcern to me and the school", and Yale is curยญrently inยญvesยญtiยญgatยญing the allegations.[142]

@Kฮ™ฮœฮ’ฮ›าžฮ›T Do you have the original YT link?

Well then that would explain the difficulty you are having

Sometimes using the Way Back machine can retrieve deleted youtube videos, but you need the link - I know.. catch 22 there

I just found that entertaining

hey where that post go, I was reading it

The more I sit here and look at Q drop: 2199 - 'Have faith, Patriots' - considering that drop was dated the 27th of September - in retrospect, I now can see that perhaps the Flake turn was anticpated thus 'Have faith, Patriots' meaning that maybe Q is part of or close enough of the ultimate plan master?

Also, the chan post that @Smiley posted - piecing that together - i can see it

Booker groped a girl's boob

I'm surprised that he didn't speak about tbone when he was giving his autobiography eariler today at the hearing

As Garth's internet life has been scrubbed, then for her not to show up on the database would fit I think?

I'm searching anyway, cause I have no life haha

@Kathryn44 Okay I dug - and nope she isn't on there

Garth - on the DCA License search - if she is registered as a licensed shrink or not - look at Celtic's post at 1:25AM timestamp (I'm in EST) @Born to know

@Kathryn44 Yep, excatly

I can't find anything on the nose:/

http://www.abcnews.live/2018/09/29/dick-van-dyke-1925-2018-just-left-59-million-to-trump-foundation/

This YT link shows the video linked from Q's drop: 2296 within the timestamp reference that Q pointed out: https://www.youtube.com/watch?v=hJZJLK9-0BE

@Breaking Spectre In retrospect 2286 makes total sense and has come to pass

It's been going around since yesterday - I know I posted that on my twitter yesterday

@Conscience Abe That doesn't even look like Garth in the first one you posted - def a fake - good call and change;)

Uh... I think it was Thumper as well

I muted them - not worth even responding too

#WWG1WGA

They left! ๐Ÿ˜ƒ

Maybe down the road the whole -world- will be wondering as well

And having a moral code too

Living under EU reign is even more to hate:-p

Junker and Merkel are both vile - though Junker is the worst Merkel became more worse when she said, 'All is Welcome, All is Welcome' But she'll be gone soon:)

There is so much that has been hidden from us for so long - it will take generations to find truth

@Texas Nick I lived in England for 16 years before having to flee to refuge in Germany with a friend and their family for three months whilst I waited for my mom to get the money to send me a plane ticket back to the states. I've only been back for little over a year and a half now. So, yup, I know how furious the Germans are

Especially the 'great swarm' across Europe

Of course we are - that's what we do

Why not just use the word geek?

I'm not saying you can nor suggesting it

We need to make the English Language great again - that's for dang sure!!!!!!!

The amount of people I've seen that think the letter 'U' is a pronoun... sickens me

I know - poor gay

Remember when the word 'bad' was used for 'good' like 'Man! That's bad!!!'

and sick for 'that's awesome'!

I was meaning the word 'gay' the word itself @Smiley

Yes I don't use the word 'gay' to denote something that is bad especially in Virtual Worlds, like Second Life because... wow... the tears and rage start rolling, yet those of a homoeseuxal natural, will often use the phrase 'that's gay'

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