this post was submitted on 14 Nov 2024
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[–] simplejack@lemmy.world 33 points 1 day ago (27 children)

I’m mostly curious about how we want to deal with his “enemies” that he was to drag into criminal and civil court.

[–] dragontamer@lemmy.world 22 points 1 day ago* (last edited 1 day ago) (12 children)

Unless the Supreme Court is about to make some sweeping changes to "State Rights", good luck to them fucking over state prosecutors and state legal systems.

The Court of Delaware continues to be in control of Twitter (and other corporate cases), not the Supreme Court. The Court of New York remains in control of Donald Trump's felonies. Etc. etc. Sanctuary cities (and sanctuary states) will likely be able to thumb their noses at ICE (a Federal Agency with little power over the local state's residents).

State-level resistance is the next step. I know not everyone can move to a Blue State, and a lot of this is Red States purposefully purging "undesirables" out of their state. But... Blue States can accept the runaway migrants and protect them. As well as a lot of the other citizens who feel threatened (ex: LGBT and whatnot as well).

Will it completely hold? I dunno. But its the next bulwark we have available, and we might as well defend it as a community.

[–] NateNate60@lemmy.world 1 points 1 day ago (1 children)

"Court of Deleware" and "Court of New York" are not proper nouns. The state judiciaries are a collection of many courts and not a single court.

[–] dragontamer@lemmy.world 3 points 23 hours ago* (last edited 22 hours ago) (1 children)

https://courts.delaware.gov/supreme/

The Delaware Supreme Court is the highest court in the State of Delaware. The Court has final appellate jurisdiction in criminal cases in which the sentence exceeds certain minimums, in civil cases as to final judgments and for certain other orders of the Court of Chancery, the Superior Court, and the Family Court. The Supreme Court has discretionary jurisdiction to issue writs of prohibition, quo warranto, certiorari, mandamus or to accept appeals of certain non-final orders or certified questions.

There is a single Delaware Supreme Court. There is a SINGLE New York Supreme Court.

If the Federal Courts are cooked, then we will make judgements within our state-level courts. And the state-level courts have the final word within their respective jurisdictions. The Federal Supreme Court has very little power over state-level courts.

This shit is WHY we have the 10th amendment.

[–] NateNate60@lemmy.world 0 points 22 hours ago (1 children)

The Delaware Supreme Court is not called the "Court of Delaware" and it is not in charge of any case at first instance involving the entity formerly known as Twitter. Cases generally begin in the Court of Chancery. The Supreme Court is simply at the top of the stack but it doesn't represent the entire system, which is referred to as the "judiciary of Deleware".

You did, however, get lucky in that the state trial court of first instance in New York is called the Supreme Court of New York, although I doubt you knew the difference. If Trump appeals then it will go to the Appellate Division before reaching the New York Court of Appeal, which is the highest court of the State of New York.

[–] dragontamer@lemmy.world 4 points 18 hours ago* (last edited 18 hours ago) (1 children)

I think you are getting dragged into a bad and useless semantic debate.

Are you saying that my only mistake was saying Court of New York rather than New York Court of Appeal? Or is there any more fundamental problem to my earlier argument?

I'm not pretending to be a lawyer here. But the state level courts are independent of the federal courts. And Federal Agencies (like ICE) have been historically hampered due to 10th Amendment issues. ICE overwhelmingly relies upon local police to cooperate to get much done.

This might be a legal issue that will be battled over the next 4 years in the supreme court, but I'd expect that Blue State resistance of this manner is our next best battleground to choose. We've lost the Presidency and both houses of Congress and the Supreme Court. That leaves Blue State courts (whatever their name) as the next defensive bulwark.

[–] NateNate60@lemmy.world 1 points 17 hours ago* (last edited 17 hours ago)

You're substantively correct on all fronts here. I was just being picky about capitalisation. I'm saying it should be "courts of New York" and "courts of Delaware" since the court system of each respective state consists of multiple different courts.

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