SCOTUS Puts Expiration Date On Constitutional Rights For Poor Americans
The Supreme Court of the United States is brutalizing the rights of citizens. This decision they made devastates Americans' 6th Amendment rights.
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Let's talk about a case decided a couple of weeks ago. Andrus versus texas. This is astonishing. This is astonishing to me. This case. The way they ruled this. Explain the situation it deals with the sixth amendment. Yes. so the sixth amendment guarantees a right to effective assistance of counsel. Meaning that if you get a lawyer who does an absolutely atrocious job you can have your verdict your conviction overturned and get a new trial. And this case involved a terrible lawyer who did an atrocious job. His client was on trial for two murders in texas. It was a capital trial. And the whole deal at capital trials is that the defendant has to present what's called mitigating evidence to show that they don't deserve the death penalty. And if a single juror in texas specifically decides that the mitigating evidence is strong then that individual cannot be executed or subject to the death penalty. And this lawyer did not present any mitigating evidence for his client Mr. Andrus. Even though his client had been horrifically abused from an extremely young age tormented and tortured by his mother's many boyfriends. Exposed to horrific domestic abuse and drug use. Placed in a notoriously cruel juvenile detention center where he overdosed with psychotropic drugs to treat severe mental disorders that are exactly what led to him committing this crime. so you know this was so obviously ineffective assistance of counsel. for the lawyer not even to say this. for them to keep the jury in the dark. that in 2020 the supreme court issued a decision that said as a matter of constitutional law what this guy's lawyer did violate the sixth amendment. This is not effective assistance of counsel. and sent the case back down to the texas court of criminal appeals. to apply the sixth amendment correctly. and incredibly the texas court said actually we disagree with the supreme court. We think that the supreme court got it wrong. we don't believe that this was ineffective assistance of counsel. and we are not going to overturn this guy's conviction. which is just open and direct defiance of SCOTUS. and so Mr. Andrus appeals this decision back to the supreme court and the court swathes it away and refuses to consider it. and effectively allows a lower court to overrule it from below. which is just not how precedent or story decisis works.
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