SCOTUS

Has Miranda Been Neutered?

We all know about the Fifth Amendment and the protection against self-incrimination. If a person does not wish to speak to a government official, they can “plead the fifth” and then remain silent. There are countless examples of people who unwittingly give cops and prosecutors the rope they eventually use to hang them at trial. It is almost always best to say nothing to government agents. Anything you say or do really WILL be used against you by cops. They are not “cool” or “just making conversation.” They are cleverly manipulating you into digging your own grave. Shut up and say nothing except “I invoke my Fifth and Sixth Amendment rights to remain silent and be provided with a lawyer.” This is literally the advice that cops, lawyers, and judges give to their own children about interacting with police.

By Elliot "Alu" Axelman, ago

The Conservatarian Exchange Podcast #213

Joe Biden demonstrated throughout the debate that he is not mentally fit to be president; will the Dems replace him? When? How? The crew discusses the Trump immunity case decided by the SCOTUS. To what extent should presidents be immune from criminal prosecution for their official acts? The crew discusses the SCOTUS reversing “Chevron deference,” stripping massive powers from unaccountable federal agencies. Should social media companies be responsible for the content on their platforms if they are going to curate content?

By The Liberty Block, ago

Alu’s Breakdown of Chiaverini v. Napoleon

While blockbuster cases like Garland v. Cargill (bump stock ban), U.S. v. Rahimi (restraining orders & gun control), FDA v. Alliance for Hippocratic Medicine (abortion pill), Murthy v. Missouri (censorship) and Trump v. U.S. (immunity) are making all the headlines, another recent decision by the Supreme Court caught my attention due to my interest in due process and government accountability.

By Elliot "Alu" Axelman, ago

The Conservatarian Exchange Podcast #212

Missouri v Biden, Murthy case re: free speech, horribly decided by SCOTUS; the doctrine of “standing”; should court rulings affect only specific cases or be sweeping for anyone affected even indirectly or subject to such in the future; how absolutely should the 2nd amendment be read? Should we have a right to social media publishing anything we want to share? Assange’s release—did his leaks endanger the lives of soldiers? Does SCOTUS horse-trade on cases? Tomorrow night’s debate between Trump and Biden;

By The Liberty Block, ago

Alu’s Breakdown of the U.S. v. Rahimi Supreme Court Decision

At long last, the SCOTUS has published their decision in U.S. v. Rahimi. The case arose from a conviction of a Texas man named Zackey Rahimi, who was found guilty of violating a federal law. Specifically, Rahimi violated 18 U.S.C. § 922(g)(8), which prohibits the possession of firearms by anyone who is the subject of a domestic violence restraining order. Interestingly, the restraining orders are issued by state courts, while the law in question is federal.

By Elliot "Alu" Axelman, ago

The Conservatarian Exchange Podcast #211

The weather (extreme heat in some places and snow in others) and climate change; pending SCOTUS cases including Biden v Missouri re: censorship by social media, Trump’s immunity, Chevron case re: interpretation of statutes by the rule makers in the administrative state/non-delegation issue, the decision on mifepristone, which was decided on issues of standing; why does SCOTUS wait until the end of the term to release decisions? Should we rule out lawfare against truly crooked politicians? Alito suggesting congress could write a bump stock ban into the law; should the government have the power to ban masks? Should citizens have the right to protest anonymously? Will there ever be comeuppance against Fauci? Pfizer? How to circumvent the immunity given Pfizer?

By The Liberty Block, ago

The Conservatarian Exchange Podcast #209

The Trump conviction; so many due process and constitutional issues were involved; would federal courts touch the case before State appeals are exhausted? The panel agrees that Trump will likely be taken to jail at sentencing on 7/11 or alternately sentencing may be postponed; should Trump go home to Florida and dare them to take him back to NY? What are the odds of getting SCOTUS to intervene early in the process? Will Biden be replaced? Could American “stumble” into a war? The Fauci hearings and his admitting to so many lies.

By The Liberty Block, ago

The Conservatarian Exchange Podcast #202

Iran’s attack on Israel; the Trump trial in NYC; should he have not bothered to show up to the trial at all to show his disdain? Would Biden pull Trump’s secret service to send him to prison? Should SCOTUS take so long to make decisions? Do oral arguments change minds? Speaker Johnson changing his mind on section 702; Senate refused to hold trial on Mayorkas impeachment.

By The Liberty Block, ago

The Conservatarian Exchange Podcast #200

Disney has won its battle in a proxy way to remain woke against outsiders; liberals keep fighting; conservatives often accept defeat as final; do establishment leaders in D.C. succumb to more than just peer pressure? threats? should republicans engage in issues such as “income equality”—turn the issue against liberal jurisdictions? Attacks on free speech in Scotland, Poland; if Americans don’t fight for free speech the “parchment guarantees” will never suffice

By The Liberty Block, ago

The Conservatarian Exchange Podcast #196

Trump in; Haley out; extremely unlikely Haley could be Trump’s V.P. Does Trump want a black V.P.? The 9-0 SCOTUS ruling on Trump’s eligibility to run; who is in charge of allowing someone on the ballot for POTUS, e.g., if they’re a foreign national? NY Governor sues Nassau County over their decision to disallow transgenders to compete on female’s teams; can a state influence permits for a park in a county? NYC putting national guardsmen in the subway system; what does the posse comitatus act actually cover?

By The Liberty Block, ago