Daily Archives: October 23, 2019

SCOTUS For The Average Joe

Average Joe SCOTUS: Fort Bend County Texas v. Davis

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Lois Davis worked for Fort Bend County in Texas. Her boss at the time, we’ll call him Scummy McScummerson, apparently fancied her, and decided to go for it. But Lois wasn’t having that shit, and filed a sexual harassment claim.

After an investigation Scummy McScummerson resigned, and Lois was assigned a new boss. Her new boss, being friends with Scummy, decided to put Lois in the cross-hairs, and get rid of her.

One day, Lois needed the day off for a religious event, applied for the day off, and her new asshole boss declined. But Lois was like, “Fuck this shit, I’m going.” So she straight up ghosted those motherfuckers and went to church.

So then her new asshole boss was like, “Bingo, I can fire this bitch now.”

But Lois ain’t no pushover. She took their asses to court, and now dropped a new bomb on them, the “religious discrimination” bomb, that is.

Here’s the thing. There were outlined procedures in place for Lois to follow in appealing her termination and shit, but she didn’t pass Go, and didn’t collect $200. She went straight to court. So the assholes in Fort Bend tried to say she circumvented the process, and therefore had no case.

Davis was like, “Fuck you, and your process. I’m taking your trifling asses straight to court anyway.”

As usual, multiple federal circuits have two different precedents for the same god damn law, because every fucking law is simply not black and white. Most are grayer than gray.

So SCOTUS listened to all the arguments, and were like, “We’re the courts. We don’t give a fuck about your piss ant procedural rules. Fuck you. If someone wants to ask our opinion, they can come on in and do it. Any court that disagrees, well fuck you, too. Do as your told bitches. Thug SCOTUS life!”

Unanimous decision for Davis.

Hear oral arguments, or read about the case here.

SCOTUS For The Average Joe

Average Joe SCOTUS: United States v. Davis

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OK, y’all. Let’s talk about an important legal principle. The idea of constitutionally vague. The “Vagueness Doctrine” is simply a principle that says because of the 5th and 14th amendments which guarantee due process, the vagueness doctrine require that citizens be given enough information to clearly know what could get their dumb ass landed in jail. You can’t write a law that “might” land you in jail—that’s bullshit. You and I need to know the line we cannot cross and expect to be safe from punishment, and that line should be clear and understandable.

This was famously the argument against Wade, in Roe v. Wade, along with many others, and now it’s what this case is all about. You see, this douchebag Maurice Lamont Davis, and his douchebag buddy Andre Levon Glover decided to rob several Texas gas stations. To make it even more fun, they even took cops on a high speed chase after one robbery.

Firearms law 18 U.S.C. § 924(c), which addresses the penalty has two parts. An elements clause and a residual clause. The case focuses on the residual clause which says:

(B) that by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.

So, because some of their convictions were in part, due to this clause, they believed that saying there was a substantial risk, is not clearly defined as violence. You’re asking a jury to ask what the offender might have done, versus asking what they did do. And thus, they think that’s vague AF.

SCOTUS gave it a listen, and in a mixed 5:4 majority, with Gorsuch siding with the the left-leaning justices, Davis was given the nod. He’s still going the fuck to jail—his scumbag ass deserves it, but at least it won’t be as bad.

On a side note, Sotomayor mentions congress has a redraft of this statute on the docket. So clearly, even they know they wrote this law shitty AF. But in the meantime, SCOTUS sees fit to tell them they fucked up anyway.

Hear oral arguments, or read about the case here.