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the official new supreme court thread - Very political

I’m sure it will be applied equally across the government to include things like immigration where all people on US soil will now require a jury trial before removal.
 
Also unintended consequences would you really want to gamble with a jury for financial fines or taxes evasion etc… your $300,000 fine could easily become $30,000,000.
 
I think there is some merit to the case. If you're brought up on fraud charges by the IRS you get a jury trial. Not entirely sure why a fraud charge by the SEC warrants a different process. I'm guessing part of the argument is that the federal court system can't possibly handle trials from all 34 agencies.
 
I listened to oral arguments this morning and my prediction is that SCOTUS will avoid the question of whether realization is required for taxing income under the 16th amendment and hold that the MRT is apportionment of a realized gain by an entity, similar to other subpart f, subchapter s, and subchaper k income. Kavanaugh and Barrett (as well as the liberal justices) seemed to receptive to that way to sidestep the big issue and not completely fuck up the entire tax code by adopting either the plaintiff’s position or the government’s ultimate position. I may be off on Kavanaugh, but I think it was him - audio only makes it tough.

ETA: This is based solely on what was said this morning. I’ll never put it past this SCOTUS to do something totally bonkers.
 
Sounds like a perfect opportunity for a "I told you so, I'm not extreme, see my position here?" Followed by 20 extreme and shitty decisions behind this... cover vote.
 
Wakelaw2006 said:
I listened to oral arguments this morning and my prediction is that SCOTUS will avoid the question of whether realization is required for taxing income under the 16th amendment and hold that the MRT is apportionment of a realized gain by an entity, similar to other subpart f, subchapter s, and subchaper k income. Kavanaugh and Barrett (as well as the liberal justices) seemed to receptive to that way to sidestep the big issue and not completely fuck up the entire tax code by adopting either the plaintiff’s position or the government’s ultimate position. I may be off on Kavanaugh, but I think it was him - audio only makes it tough.

ETA: This is based solely on what was said this morning. I’ll never put it past this SCOTUS to do something totally bonkers.
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WaPo article confirms it was Kavanaugh (and Barrett) - https://www.washingtonpost.com/politics/2023/12/05/supreme-court-trump-wealth-tax-offshore-earnings/

Several justices emphasized Tuesday that the tax on certain offshore earnings was substantially similar to other major forms of taxation, including on income earned by business partnerships, limited liability corporations and other offshore income. “What is the distinction?” conservative Justice Amy Coney Barrett asked the lawyer for the couple.
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At one point, Justice Brett M. Kavanaugh seemed to offer the Justice Department a lifeline, suggesting that the court did not have to embrace Prelogar’s view in order for the government to prevail and the tax to stand. “Leaving open whether realization is a constitutional requirement, there was realized income here to the entity and then it’s attributed to the shareholders in a manner consistent with how Congress has done that and this Court has allowed,” he said.
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So are kav and barrett true social warriors that will simp for evangelicalism and grift while trying to follow some... interpretation of "the law" for things not related to religion and culture wars?

Naaaw
 
Clarence Thomas complains to his GOP buddies that he doesn't make enough money as a Supreme and may quit, wealthy right-wingers respond by propping him up with expensive gifts of all kinds. And why? "Because it is worth a lot to have the Constitution properly interpreted." Indeed. All 6 Republicans on this Court are a joke, period.

 
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