There Really Are Only Two Sides

[PoliticalChic]

1.Just as our elections come down to only two choices, when it comes down to what sort of society one wishes to live in…..it’s a binary choice. It’s either Churchill or it’s Alinsky.

a. “We sleep safely at night because rough men stand ready to visit violence on those who would harm us.” — Winston Churchill"

b. “Make the enemy live up to its own book of rules.” If the rule is that every letter gets a reply, send 30,000 letters. You can kill them with this because no one can possibly obey all of their own rules.” -Saul Alinsky



2. The Left uses the desire of most people to live in tranquility, that people are good, and merely wish to live being nice to one another. Based on that wish, as certain sort of interaction with police is not just desirable, it can be demanded, a la Alinsky.

What it omits is that there are lots of individuals who will do you and everyone else harm if they are not dealt with…..that’s why we have police, a la Churchill.





3. While we have been inundated with ‘pandemic’ stories, there really is only one immediately fatal pandemic. No, not the Wuhan Red Death….

The CDC said that between the ages of zero and 19, 99.97% of people survive the Wuhan.
....between 20 and 45, 99.98%
....between 50 and 65, 99.5%
....and over 70, about 95%.

It is the “Resisting Arrest Pandemic,” the one authorized and advanced by the Democrat Party. Chaos is their path to power, and the police, the force civilization created to control chaos, must be handcuffed (see what I did there?) to allow the criminality that the Democrats authorize and protect.

From the Left’s heroes, from Rodney King, to George Floyd (they just unveiled a 6 foot statue of Floyd in Brooklyn) and Daunte Wright, their ‘prince,’ imagine the chaos that would haven’t occurred sans ‘resisting arrest.’





4. Which brings me to the Nicholas Gilbert Case, and the worthlessness of the Supreme Court. The details of the case mirror those of the George Floyd case. But here is the bottom line, firsts:



“The tendency of elite domination, moreover, is to press America ever more steadily towards the cultural left.

The complaint here is not that old virtues are eroding and new values rising. Morality inevitably evolves….What is objectionable is that, in too many instances, a natural evolution of the moral balance is blocked and a minority morality forced upon us by judicial decrees.”
Robert Bork, “A Country I Do Not Recognize: The Legal Assault on American Values,” xi


Alito exposes the inadequacy of the Supreme Court…..next post.

 

[pknopp]

War or peace? Tough choice.

 

[midcan5]

Hi PC, hope you are well. Mixing Covid-19 with politics too is a modern phenom. Who would have thought getting sick and maybe dying would now be a tool of ideology persuasion. But it didn't disappear and underplaying it helps no one. Children are now getting sick. Is that a plus.

Nah, there are many sides and many decisions in life and politics and in health as Covid demonstrated. We still mask in busy places and most family has been vaccinated. Hope you and yours have too.

Covid-19 Lessons

The lesson here is the republican party and their followers are a danger both to democracy and to the health and safety of the people. The effort starting largely by Reagan (and before) to destroy government shows today. South Korea is ahead of us in virus testing as is China. Learn this lesson...

www.usmessageboard.com

 

[Darkwind]

 

[WTF19]

Hi PC, hope you are well. Mixing Covid-19 with politics too is a modern phenom. Who would have thought getting sick and maybe dying would now be a tool of ideology persuasion. But it didn't disappear and underplaying it helps no one. Children are now getting sick. Is that a plus.

Nah, there are many sides and many decisions in life and politics and in health as Covid demonstrated. We still mask in busy places and most family has been vaccinated. Hope you and yours have too.

Covid-19 Lessons

The lesson here is the republican party and their followers are a danger both to democracy and to the health and safety of the people. The effort starting largely by Reagan (and before) to destroy government shows today. South Korea is ahead of us in virus testing as is China. Learn this lesson...

www.usmessageboard.com

why would anybody with a open mind, take the death jab, that has not been approved, and no one knows the TRUE repercussions of said jab...not even the fda....
the scum demonRATS are allowing illegals to storm AMERICAS borders, without the death jab, because the ones that do elect to get it, will have health issues down the line, and these illegals, per the scum demonRAT mentality, will be the new voters

 

[PoliticalChic]

Hi PC, hope you are well. Mixing Covid-19 with politics too is a modern phenom. Who would have thought getting sick and maybe dying would now be a tool of ideology persuasion. But it didn't disappear and underplaying it helps no one. Children are now getting sick. Is that a plus.

Nah, there are many sides and many decisions in life and politics and in health as Covid demonstrated. We still mask in busy places and most family has been vaccinated. Hope you and yours have too.

Covid-19 Lessons

The lesson here is the republican party and their followers are a danger both to democracy and to the health and safety of the people. The effort starting largely by Reagan (and before) to destroy government shows today. South Korea is ahead of us in virus testing as is China. Learn this lesson...

www.usmessageboard.com

"Hi PC, hope you are well."
And right back atcha', Middy.


"Mixing Covid-19 with politics too is a modern phenom."
But that is what the Wuhan Red Death is.....a political ploy used against Trump.
Seems to have worked.

me


What are the symptoms of the Wuhan???

Same as the plain ol' flu.

"The First Lady explained how she experienced “body aches, a cough and headaches, and felt extremely tired most of the time”.
Melania Trump describes coronavirus 'rollercoaster' as son Barron also tested positive

The flu and the Wuhan are deadly only if it occurs in connection with worse conditions that would end the life of the patient even without the flu.

And as far as how disastrous the Wuhan is to folks without those underlying co-morbidities, quick review of the facts: If one gets the Wuhan, the chances of dying from it approach zero….no more than a rounding error in the data.
An elderly, overweight President had it, and ten days later is doing two hours-long rallies a day.



"We still mask in busy places and most family has been vaccinated. Hope you and yours have too."

Neither one.

"Vaccinated Liberals Scared To Remove Masks in Public For ...​

Vaccinated Liberals Scared To Remove Masks in Public For Fear Of Being Labeled Republican
Some vaccinated liberals appear to be terrified of being stigmatized as Republicans if they remove their mask outdoors per CDC guidance.. A weekly column by DCist called "Overheard of the Week", which gathers overheard remarks by readers, found one conversation between two women on the streets of Washington D.C. discussing their fear of being labeled as right-wing if they removed their ...

 

[PoliticalChic]

Seems we've gotten a bit off course.


This thread is about the Court and it's cowardice.


Case under issue:

5. “Alito Suggests SCOTUS “Unwilling” To “Bear The Criticism” Of Upholding Use Of Force Eerily Similar To George Floyd​

On the afternoon of December 8, 2015, St. Louis police officers arrested Nicholas Gilbert for trespassing in a condemned building and failing to appear in court for a traffic ticket.1 Officers brought him to the St. Louis Metropolitan Police Department’s central station and placed him in a holding cell. At some point, an officer saw Gilbert tie a piece of clothing around the bars of his cell and put it around his neck, in an apparent attempt to hang himself.



Three officers responded and entered Gilbert’s cell. One grabbed Gilbert’s wrist to handcuff him, but Gilbert evaded the officer and began to struggle. The three officers brought Gilbert, who was 5’3” and 160 pounds, down to a kneeling position over a concrete bench in the cell and handcuffed his arms behind his back. Gilbert reared back, kicking the officers and hitting his head on the bench. After Gilbert kicked one of the officers in the groin, they called for more help and leg shackles. While Gilbert continued to struggle, two officers shackled his legs together. Emergency medical services personnel were phoned for assistance.



Several more officers responded. They relieved two of the original three officers, leaving six officers in the cell with Gilbert, who was now handcuffed and in leg irons. The officers moved Gilbert to a prone position, face down on the floor. Three officers held Gilbert’s limbs down at the shoulders, biceps, and legs. At least one other placed pressure on Gilbert’s back and torso. Gilbert tried to raise his chest, saying, “‘It hurts. Stop.’” Lombardo v. Saint Louis City, 361 F. Supp. 3d 882, 898 (ED Mo. 2019).” Alito Suggests SCOTUS “Unwilling” To “Bear The Criticism” Of Upholding Use Of Force Eerily Similar To George Floyd



Are you Democrats ready to send the shock troops out to riot, assault, commit anarko-terrorism is the name of Nicholas Gilbert??



Oh….I forgot….Trump’s not President.

 

[PoliticalChic]

War or peace? Tough choice.

Oh, no....another 'Better Red Than Dead' groveler.

 

[bluzman61]

1.Just as our elections come down to only two choices, when it comes down to what sort of society one wishes to live in…..it’s a binary choice. It’s either Churchill or it’s Alinsky.

a. “We sleep safely at night because rough men stand ready to visit violence on those who would harm us.” — Winston Churchill"

b. “Make the enemy live up to its own book of rules.” If the rule is that every letter gets a reply, send 30,000 letters. You can kill them with this because no one can possibly obey all of their own rules.” -Saul Alinsky



2. The Left uses the desire of most people to live in tranquility, that people are good, and merely wish to live being nice to one another. Based on that wish, as certain sort of interaction with police is not just desirable, it can be demanded, a la Alinsky.

What it omits is that there are lots of individuals who will do you and everyone else harm if they are not dealt with…..that’s why we have police, a la Churchill.





3. While we have been inundated with ‘pandemic’ stories, there really is only one immediately fatal pandemic. No, not the Wuhan Red Death….

The CDC said that between the ages of zero and 19, 99.97% of people survive the Wuhan.
....between 20 and 45, 99.98%
....between 50 and 65, 99.5%
....and over 70, about 95%.

It is the “Resisting Arrest Pandemic,” the one authorized and advanced by the Democrat Party. Chaos is their path to power, and the police, the force civilization created to control chaos, must be handcuffed (see what I did there?) to allow the criminality that the Democrats authorize and protect.

From the Left’s heroes, from Rodney King, to George Floyd (they just unveiled a 6 foot statue of Floyd in Brooklyn) and Daunte Wright, their ‘prince,’ imagine the chaos that would haven’t occurred sans ‘resisting arrest.’





4. Which brings me to the Nicholas Gilbert Case, and the worthlessness of the Supreme Court. The details of the case mirror those of the George Floyd case. But here is the bottom line, firsts:



“The tendency of elite domination, moreover, is to press America ever more steadily towards the cultural left.

The complaint here is not that old virtues are eroding and new values rising. Morality inevitably evolves….What is objectionable is that, in too many instances, a natural evolution of the moral balance is blocked and a minority morality forced upon us by judicial decrees.”
Robert Bork, “A Country I Do Not Recognize: The Legal Assault on American Values,” xi


Alito exposes the inadequacy of the Supreme Court…..next post.

Nice post, PC. Thank you.

 

[Flash]

1.Just as our elections come down to only two choices, when it comes down to what sort of society one wishes to live in…..it’s a binary choice. It’s either Churchill or it’s Alinsky.

a. “We sleep safely at night because rough men stand ready to visit violence on those who would harm us.” — Winston Churchill"

b. “Make the enemy live up to its own book of rules.” If the rule is that every letter gets a reply, send 30,000 letters. You can kill them with this because no one can possibly obey all of their own rules.” -Saul Alinsky



2. The Left uses the desire of most people to live in tranquility, that people are good, and merely wish to live being nice to one another. Based on that wish, as certain sort of interaction with police is not just desirable, it can be demanded, a la Alinsky.

What it omits is that there are lots of individuals who will do you and everyone else harm if they are not dealt with…..that’s why we have police, a la Churchill.





3. While we have been inundated with ‘pandemic’ stories, there really is only one immediately fatal pandemic. No, not the Wuhan Red Death….

The CDC said that between the ages of zero and 19, 99.97% of people survive the Wuhan.
....between 20 and 45, 99.98%
....between 50 and 65, 99.5%
....and over 70, about 95%.

It is the “Resisting Arrest Pandemic,” the one authorized and advanced by the Democrat Party. Chaos is their path to power, and the police, the force civilization created to control chaos, must be handcuffed (see what I did there?) to allow the criminality that the Democrats authorize and protect.

From the Left’s heroes, from Rodney King, to George Floyd (they just unveiled a 6 foot statue of Floyd in Brooklyn) and Daunte Wright, their ‘prince,’ imagine the chaos that would haven’t occurred sans ‘resisting arrest.’





4. Which brings me to the Nicholas Gilbert Case, and the worthlessness of the Supreme Court. The details of the case mirror those of the George Floyd case. But here is the bottom line, firsts:



“The tendency of elite domination, moreover, is to press America ever more steadily towards the cultural left.

The complaint here is not that old virtues are eroding and new values rising. Morality inevitably evolves….What is objectionable is that, in too many instances, a natural evolution of the moral balance is blocked and a minority morality forced upon us by judicial decrees.”
Robert Bork, “A Country I Do Not Recognize: The Legal Assault on American Values,” xi


Alito exposes the inadequacy of the Supreme Court…..next post.

Nice post, PC. Thank you.

She always shows moral clarity and it pisses these Moon Bats off.

 

[PoliticalChic]

1.Just as our elections come down to only two choices, when it comes down to what sort of society one wishes to live in…..it’s a binary choice. It’s either Churchill or it’s Alinsky.

a. “We sleep safely at night because rough men stand ready to visit violence on those who would harm us.” — Winston Churchill"

b. “Make the enemy live up to its own book of rules.” If the rule is that every letter gets a reply, send 30,000 letters. You can kill them with this because no one can possibly obey all of their own rules.” -Saul Alinsky



2. The Left uses the desire of most people to live in tranquility, that people are good, and merely wish to live being nice to one another. Based on that wish, as certain sort of interaction with police is not just desirable, it can be demanded, a la Alinsky.

What it omits is that there are lots of individuals who will do you and everyone else harm if they are not dealt with…..that’s why we have police, a la Churchill.





3. While we have been inundated with ‘pandemic’ stories, there really is only one immediately fatal pandemic. No, not the Wuhan Red Death….

The CDC said that between the ages of zero and 19, 99.97% of people survive the Wuhan.
....between 20 and 45, 99.98%
....between 50 and 65, 99.5%
....and over 70, about 95%.

It is the “Resisting Arrest Pandemic,” the one authorized and advanced by the Democrat Party. Chaos is their path to power, and the police, the force civilization created to control chaos, must be handcuffed (see what I did there?) to allow the criminality that the Democrats authorize and protect.

From the Left’s heroes, from Rodney King, to George Floyd (they just unveiled a 6 foot statue of Floyd in Brooklyn) and Daunte Wright, their ‘prince,’ imagine the chaos that would haven’t occurred sans ‘resisting arrest.’





4. Which brings me to the Nicholas Gilbert Case, and the worthlessness of the Supreme Court. The details of the case mirror those of the George Floyd case. But here is the bottom line, firsts:



“The tendency of elite domination, moreover, is to press America ever more steadily towards the cultural left.

The complaint here is not that old virtues are eroding and new values rising. Morality inevitably evolves….What is objectionable is that, in too many instances, a natural evolution of the moral balance is blocked and a minority morality forced upon us by judicial decrees.”
Robert Bork, “A Country I Do Not Recognize: The Legal Assault on American Values,” xi


Alito exposes the inadequacy of the Supreme Court…..next post.

Nice post, PC. Thank you.

She always shows moral clarity and it pisses these Moon Bats off.

That was lovely....and much appreciated.

 

[PoliticalChic]

6. "Alito Suggests SCOTUS “Unwilling” To “Bear The Criticism” Of Upholding Use Of Force Eerily Similar To George Floyd​

Appeals court ruled no excessive force where arrestee suffocated after being held face down. Rather than deny petition, leaving ruling in place, or taking the case and ruling itself, SCOTUS summarily vacated and remanded. Alito Dissent: “The Court, unfortunately, is unwilling to face up to the choice between denying the petition (and bearing the criticism that would inevitably elicit) and granting plenary review….”

Alito Suggests SCOTUS “Unwilling” To “Bear The Criticism” Of Upholding Use Of Force Eerily Similar To George Floyd

Appeals court ruled no excessive force where arrestee suffocated after being held face down. Rather than deny petition, leaving ruling in place, or taking the case and ruling itself, SCOTUS summarily vacated and remanded. Alito Dissent: "The Court, unfortunately, is unwilling to face up to the...

legalinsurrection.com

What a gutless bunch this ‘supreme’ court is.



Remember this?



Unconfirmed report: John Roberts killed Texas voter fraud ...
Unconfirmed report: John Roberts killed Texas voter fraud lawsuit because he worried about "rioting"

The report says that Roberts could be heard yelling and screaming at the top of his lungs, not wanting to take on the Texas voter fraud lawsuit because he was afraid that if the Supreme Court did, it would lead to "rioting.". He gave no chance to the three Trump appointed justices (Gorsuch, Kavanaugh, Coney-Barrett) to offer their opinions ...

 

[Flash]

1.Just as our elections come down to only two choices, when it comes down to what sort of society one wishes to live in…..it’s a binary choice. It’s either Churchill or it’s Alinsky.

a. “We sleep safely at night because rough men stand ready to visit violence on those who would harm us.” — Winston Churchill"

b. “Make the enemy live up to its own book of rules.” If the rule is that every letter gets a reply, send 30,000 letters. You can kill them with this because no one can possibly obey all of their own rules.” -Saul Alinsky



2. The Left uses the desire of most people to live in tranquility, that people are good, and merely wish to live being nice to one another. Based on that wish, as certain sort of interaction with police is not just desirable, it can be demanded, a la Alinsky.

What it omits is that there are lots of individuals who will do you and everyone else harm if they are not dealt with…..that’s why we have police, a la Churchill.





3. While we have been inundated with ‘pandemic’ stories, there really is only one immediately fatal pandemic. No, not the Wuhan Red Death….

The CDC said that between the ages of zero and 19, 99.97% of people survive the Wuhan.
....between 20 and 45, 99.98%
....between 50 and 65, 99.5%
....and over 70, about 95%.

It is the “Resisting Arrest Pandemic,” the one authorized and advanced by the Democrat Party. Chaos is their path to power, and the police, the force civilization created to control chaos, must be handcuffed (see what I did there?) to allow the criminality that the Democrats authorize and protect.

From the Left’s heroes, from Rodney King, to George Floyd (they just unveiled a 6 foot statue of Floyd in Brooklyn) and Daunte Wright, their ‘prince,’ imagine the chaos that would haven’t occurred sans ‘resisting arrest.’





4. Which brings me to the Nicholas Gilbert Case, and the worthlessness of the Supreme Court. The details of the case mirror those of the George Floyd case. But here is the bottom line, firsts:



“The tendency of elite domination, moreover, is to press America ever more steadily towards the cultural left.

The complaint here is not that old virtues are eroding and new values rising. Morality inevitably evolves….What is objectionable is that, in too many instances, a natural evolution of the moral balance is blocked and a minority morality forced upon us by judicial decrees.”
Robert Bork, “A Country I Do Not Recognize: The Legal Assault on American Values,” xi


Alito exposes the inadequacy of the Supreme Court…..next post.

Nice post, PC. Thank you.

She always shows moral clarity and it pisses these Moon Bats off.

That was lovely....and much appreciated.

Did you see this?

 

[PoliticalChic]

1.Just as our elections come down to only two choices, when it comes down to what sort of society one wishes to live in…..it’s a binary choice. It’s either Churchill or it’s Alinsky.

a. “We sleep safely at night because rough men stand ready to visit violence on those who would harm us.” — Winston Churchill"

b. “Make the enemy live up to its own book of rules.” If the rule is that every letter gets a reply, send 30,000 letters. You can kill them with this because no one can possibly obey all of their own rules.” -Saul Alinsky



2. The Left uses the desire of most people to live in tranquility, that people are good, and merely wish to live being nice to one another. Based on that wish, as certain sort of interaction with police is not just desirable, it can be demanded, a la Alinsky.

What it omits is that there are lots of individuals who will do you and everyone else harm if they are not dealt with…..that’s why we have police, a la Churchill.





3. While we have been inundated with ‘pandemic’ stories, there really is only one immediately fatal pandemic. No, not the Wuhan Red Death….

The CDC said that between the ages of zero and 19, 99.97% of people survive the Wuhan.
....between 20 and 45, 99.98%
....between 50 and 65, 99.5%
....and over 70, about 95%.

It is the “Resisting Arrest Pandemic,” the one authorized and advanced by the Democrat Party. Chaos is their path to power, and the police, the force civilization created to control chaos, must be handcuffed (see what I did there?) to allow the criminality that the Democrats authorize and protect.

From the Left’s heroes, from Rodney King, to George Floyd (they just unveiled a 6 foot statue of Floyd in Brooklyn) and Daunte Wright, their ‘prince,’ imagine the chaos that would haven’t occurred sans ‘resisting arrest.’





4. Which brings me to the Nicholas Gilbert Case, and the worthlessness of the Supreme Court. The details of the case mirror those of the George Floyd case. But here is the bottom line, firsts:



“The tendency of elite domination, moreover, is to press America ever more steadily towards the cultural left.

The complaint here is not that old virtues are eroding and new values rising. Morality inevitably evolves….What is objectionable is that, in too many instances, a natural evolution of the moral balance is blocked and a minority morality forced upon us by judicial decrees.”
Robert Bork, “A Country I Do Not Recognize: The Legal Assault on American Values,” xi


Alito exposes the inadequacy of the Supreme Court…..next post.

Nice post, PC. Thank you.

She always shows moral clarity and it pisses these Moon Bats off.

That was lovely....and much appreciated.

Did you see this?

And several of my gun company stocks have doubled already.

 

[PoliticalChic]

7. "...Gilbert evaded the officer and began to struggle."

"...Gilbert reared back, kicking the officers ...."

"... After Gilbert kicked one of the officers in the groin,..."

"... Gilbert continued to struggle,..."


"The officers successfully defended the claims in the lower courts, with the Court of Appeals finding no unconstitutionally excessive force under existing law (emphasis added):

Gilbert’s parents sued, alleging that the officers had used excessive force against him. The District Court granted summary judgment in favor of the officers, concluding that they were entitled to qualified immunity because they did not violate a constitutional right that was clearly established at the time of the incident. Id., at 895. The U. S. Court of Appeals for the Eighth Circuit affirmed on different grounds, holding that the officers did not apply unconstitutionally excessive force against Gilbert. 956 F. 3d 1009, 1014 (2020)"

Alito Suggests SCOTUS “Unwilling” To “Bear The Criticism” Of Upholding Use Of Force Eerily Similar To George Floyd

Appeals court ruled no excessive force where arrestee suffocated after being held face down. Rather than deny petition, leaving ruling in place, or taking the case and ruling itself, SCOTUS summarily vacated and remanded. Alito Dissent: "The Court, unfortunately, is unwilling to face up to the...

legalinsurrection.com

But the "Supreme Court" has been cowed by the chaos that the Democrats have shown the ability to unleash.

 

[PoliticalChic]

8. “So SCOTUS was faced with taking a case very close to the facts of the George Floyd case where the Court of Appeals found no excessive use of force. This certainly would be a hot case politically, not only with Derek Chauvin’s conviction, but with federal prosecutions of Chauvin and three other officers coming up.

… it punted on this one without reaching the substance. It found more record evidence was needed and that the appeals court should not have granted a summary judgment:

… the court’s opinion could be read to treat Gilbert’s “ongoing resistance” as controlling as a matter of law.3 Id., at 1014. Such a per se rule would contravene the careful, context-specific analysis required by this Court’s excessive force precedent. We express no view as to whether the officers used unconstitutionally excessive force or, if they did, whether Gilbert’s right to be free of such force in these circumstances was clearly established at the time of his death. We instead grant the petition for certiorari, vacate the judgment of the Eighth Circuit, and remand the case to give the court the opportunity to employ an inquiry that clearly attends to the facts and circumstances in answering those questions in the first instance.”
Alito Suggests SCOTUS “Unwilling” To “Bear The Criticism” Of Upholding Use Of Force Eerily Similar To George Floyd




My belief is to favor the innocent law-abiding, and give every benefit of any doubt to police, rather than fear the violence of criminals. If the latter is the case, we have lost our nation and our civilization.

 

[Blues Man]

False dichotomy

 

[PoliticalChic]

9. “Simple, huh? Alito excoriated his colleagues, accusing them of improperly refusing to hear the case for fear of public reaction.




His dissent starts at page 5 of the pdf.)(emphasis added):

I cannot approve the Court’s summary disposition because it unfairly interprets the Court of Appeals’ decision and evades the real issue that this case presents: whether the record supports summary judgment in favor of the defendant police officers and the city of St. Louis. The Court of Appeals held that the defendants were entitled to summary judgment because a reasonable jury would necessarily find that the police officers used reasonable force in attempting to subdue petitioner Lombardo’s son, Nicholas Gilbert, when he was attempting to hang himself in his cell.



In reaching this conclusion, the Court of Appeals applied the correct legal standard and made a judgment call on a sensitive question. This case, therefore, involves the application of “a properly stated rule of law” to a particular factual record, and our rules say that we “rarely” review such questions. See this Court’s Rule 10. But “rarely” does not mean “never,” and if this Court is unwilling to allow the decision below to stand, the proper course is to grant the petition, receive briefing and argument, and decide the real question that this case presents.





Then Alito go to the point, his colleagues were scared to deny the petition to hear the case, which would the normal course on this type of state law issue, which would leave the appeal court ruling of no excessive force in place (emphasis added):

The Court, unfortunately, is unwilling to face up to the choice between denying the petition (and bearing the criticism that would inevitably elicit) and granting plenary review (and doing the work that would entail). Instead, it claims to be uncertain whether the Court of Appeals actually applied the correct legal standard, and for that reason it vacates the judgment below and remands the case. This course of action may be convenient for this Court, but it is unfair to the Court of Appeals. If we expect the lower courts to respect our decisions, we should not twist their opinions to make our job easier….

We have two respectable options: deny review of the factbound question that the case presents or grant the petition, have the case briefed and argued, roll up our sleeves, and decide the real issue. I favor the latter course, but what we should not do is take the easy out that the Court has chosen.



Gorsuch didn’t fill the Scalia seat. Alito did.”

Alito Suggests SCOTUS “Unwilling” To “Bear The Criticism” Of Upholding Use Of Force Eerily Similar To George Floyd

Appeals court ruled no excessive force where arrestee suffocated after being held face down. Rather than deny petition, leaving ruling in place, or taking the case and ruling itself, SCOTUS summarily vacated and remanded. Alito Dissent: "The Court, unfortunately, is unwilling to face up to the...

legalinsurrection.com

There aren't any Scalias, and not enough Alitois.