Monday, July 4, 2022

SCOTUS on a ROLL: Rights being Pulled en masseIndians, Blacks, Mexicans

The Big One is Louisiana Ardoin v. Robinson



The United States Supreme Court, 'the ultra-neo conservative cabal'; is operating as a conduit to foment societal upheaval at the behest of a RICO violating former president. SCOTUS just quietly slashed your Sixth Amendment rights .  

The Supreme Court quietly issued a 6-3 ruling recently on Shinn v. Martinez Ramirez, siding against two Arizonans on death row who sought to challenge their convictions in federal court after receiving shoddy legal support. The majority’s rationale, which was based on a 1996 federal law, was that state sovereignty and legal expediency must be protected at all costs.

Unfortunately, those costs are clear. The Court’s ruling slashed Americans’ constitutional right to effective counsel by eviscerating the life-saving accountability mechanism that allows people to appeal unjust rulings. The Hill  

Justice Clarence Thomas’s 6-3 majority opinion in Shinn v. Martinez Ramirez cuts the procedural-default exception off at its knees. Now, there will be no remedy for those whose post-conviction attorney failed to raise a valid, available claim. The majority opinion begins by paying lip service to stare decisis, as the court affirms that the principle of “cause and prejudice” as a method to overcome procedural default remains the law of the land. However, it then held that because the failure to develop the facts underlying the procedurally defaulted claim (e.g., ineffective assistance of trial counsel) in state court is considered the fault of the defendant; there is no right to have an evidentiary hearing in federal court to develop the underlying facts supporting the defaulted claim. Jurist

@Japapathway

Not only that, Oklahoma Indians , are under the 'states-rights' Civil War era move.

The case stems from the Supreme Court’s 2020 decision McGirt v. Oklahoma, which held that a large part of eastern central Oklahoma is an American Indian reservation. The McGirt case has been extended by courts to cover at least four other tribal nations.

The McGirt decision meant that tribal members who committed crimes on the Muscogee (Creek) Nation land couldn’t be prosecuted by the state of Oklahoma.

Major crimes could be prosecuted by the federal government, however, under the Major Crimes Act. And the federal government could prosecute the type of crimes that apply to federal enclaves when committed by and against non-Indians under the General Crimes Act. Tribal justice systems would have to prosecute other crimes. 

The Supreme Court said Oklahoma’s jurisdiction to prosecute was not preempted by federal law or principles of tribal self-government.

“To be clear,” Kavanaugh wrote, “the court today holds that Indian country within a state’s territory is part of a state, not separate from a state. Therefore, a state has jurisdiction to prosecute crimes committed in Indian country unless state jurisdiction is preempted.” ABA Journal

In this case, there is no preemption, Kavanaugh said.

But in voting's congressional redistricting in of all places, Louisiana, the axe fell exceeding heavy. 

In Ardoin vs. Robinson, the GOP lead Louisiana Legislature conspired against the rights of Black people, to subvert equal representation and in effect equal justice under the law. The state Senate Governmental Affairs Committee chaired by Senator Sharon Hewitt, along with the Senate President and the House Speaker boondoggled legislative process into skullduggery. In the video, you hear the groundwork for the eventual SCOTUS opinion. 

This redistricting battle, now under an Alito court order is of greater import than Roe v. Wade, which is blinding the minds of the citizenry. If the citizens right to vote is abridged by GOP trickery, which is what the current 'abeyance' order does, securing the same 5th Congressional District Representation, in 2022's Louisiana election.  In the meanwhile, state Senate Governmental Affairs, headed by Senator Sharon Hewitt, is seeking to change voting machines in order that tabulations can be tracked by paper, a purely Trumpian-era 2020 vote recount tactical maneuver to challenge a presidential election. 
It would be best You Leaders get busy & protect Ida,Fannie&Coretta's,and Malcolm,Martin&Medgar's Work!  (70's Rules - "Fight-for-Us" like Bennie Thompson)
Lamyville Reign