Register a SA Forums Account here!
JOINING THE SA FORUMS WILL REMOVE THIS BIG AD, THE ANNOYING UNDERLINED ADS, AND STUPID INTERSTITIAL ADS!!!

You can: log in, read the tech support FAQ, or request your lost password. This dumb message (and those ads) will appear on every screen until you register! Get rid of this crap by registering your own SA Forums Account and joining roughly 150,000 Goons, for the one-time price of $9.95! We charge money because it costs us money per month for bills, and since we don't believe in showing ads to our users, we try to make the money back through forum registrations.
 
  • Post
  • Reply
Mr. Nice!
Oct 13, 2005

bone shaking.
soul baking.
The supreme court doesn't really seem to give a gently caress about standing anymore when it just wants to get law settled.

Adbot
ADBOT LOVES YOU

Geostomp
Oct 22, 2008

Unite: MASH!!
~They've got the bad guys on the run!~

Evil Fluffy posted:

Yes but you're forgetting that Fisher is an entitled brat.

Yeah. "The darkies took what's MINE!!" Was her entire temper tantrum of a thought process and white supremacists just seized the opportunity to use a white girl as their figurehead.

FlamingLiberal
Jan 18, 2009

Would you like to play a game?



Mr. Nice! posted:

The supreme court doesn't really seem to give a gently caress about standing anymore when it just wants to get law settled.
Yeah Obamacare in particular is a good example. That one case over the mandate should have been thrown out for lack of standing.

Jerry Manderbilt
May 31, 2012

No matter how much paperwork I process, it never goes away. It only increases.

Geostomp posted:

Yeah. "The darkies took what's MINE!!" Was her entire temper tantrum of a thought process and white supremacists just seized the opportunity to use a white girl as their figurehead.

edward blum is a real fucker who's also been involved in shelby, apparently

also i giggled at the last part

quote:

An organization Blum created, Students for Fair Admissions, is suing Harvard University, accusing it of discriminating against Asian American applicants and drawing comparisons to the university's past record of bias against Jews. The complaint, filed in federal court in Boston in November 2014, argues that exceptionally qualified Asian kids, including many with perfect SAT scores, are being shut out because Harvard wants to limit their numbers. Blum's group has launched a similar case against the University of North Carolina-Chapel Hill.

For now, the sole plaintiff in these cases is Students for Fair Admissions, rather than actual students. Its legal filings suggest Asian American students are not exactly lining up to join Blum's latest cause. They cite a single, unnamed Asian American student who was denied admission to Harvard. Pages and pages of the complaint against UNC outline the university's alleged discrimination against Asians. Yet the only student identified as having been rejected is not named as a plaintiff. He is white.

lovely white boy tried and failed to get any asian plaintiffs aside from an anonymous harvard reject (who probably has similar feelings re:THE BLACKS and latino folks as abby fisher does)

ShadowHawk
Jun 25, 2000

CERTIFIED PRE OWNED TESLA OWNER

Mr. Nice! posted:

The supreme court doesn't really seem to give a gently caress about standing anymore when it just wants to get law settled.
I think this is quite insightful, and probably it's overall a good thing when the issue needs a decision rather than going through another round of find the plaintiff.

Similarly, they might kick down on standing because it amounts to "no one has standing on this issue so please stop suing about it"

KittenofDoom
Apr 15, 2003

Me posting IRL

Jerry Manderbilt posted:

edward blum is a real fucker who's also been involved in shelby, apparently

also i giggled at the last part


lovely white boy tried and failed to get any asian plaintiffs aside from an anonymous harvard reject (who probably has similar feelings re:THE BLACKS and latino folks as abby fisher does)
Would they even have standing? With no actual plaintiffs they can't prove any harm, right?

PhazonLink
Jul 17, 2010
Late night Arzy posting, what's the forecast for Monday's abortion case?

It would be nice to not have the whole week be ruined even though I don't have a vag.

Also gently caress TX.

Mr. Nice!
Oct 13, 2005

bone shaking.
soul baking.
My prediction is Texas loses.

Benagain
Oct 10, 2007

Can you see that I am serious?
Fun Shoe
When you shake the magic 8 ball, the answer is always "ask again later."

Potato Salad
Oct 23, 2014

nobody cares


Benagain posted:

When you shake the magic 8 ball, the answer is always "ask again later."

:pusheen:

FlamingLiberal
Jan 18, 2009

Would you like to play a game?



PhazonLink posted:

Late night Arzy posting, what's the forecast for Monday's abortion case?

It would be nice to not have the whole week be ruined even though I don't have a vag.

Also gently caress TX.
I don't trust Kennedy on abortion, so I'm assuming 4-4 split which would uphold the law but not create a precedent

Shifty Pony
Dec 28, 2004

Up ta somethin'


FlamingLiberal posted:

I don't trust Kennedy on abortion, so I'm assuming 4-4 split which would uphold the law but not create a precedent

The silver lining on that very dark cloud is that this guarantees that the court will hear it again because there will almost certainly be a circuit split in short order. And if Hillary wins we could at that point get a 5-4 decision penned by the liberal wing of the court which firmly establishes that trying to ban abortion via pointless regulations not backed by evidence is just as unconstitutional as directly banning it. Kennedy's wishy washy poo poo has just encouraged the TRAP laws.

But odds are we would get that decision anyway because NARAL would get a new challenge on the fast track the instant Hillary made her nomination. So it would be a whole lot better if Texas didn't get to be an rear end in a top hat to women in the mean time.

FlamingLiberal
Jan 18, 2009

Would you like to play a game?



Yes, of course the problem is that there are not going to be a lot of clinics left by the time that gets to the court, so it's a Pyrrhic victory

Mr. Nice!
Oct 13, 2005

bone shaking.
soul baking.

FlamingLiberal posted:

Yes, of course the problem is that there are not going to be a lot of clinics left by the time that gets to the court, so it's a Pyrrhic victory

That's why Texas' ban is going to fail, imo. You cannot simultaneously argue that the clinic requirements are necessary for women's health and safety while saying that women aren't restricted abortion access in El Paso because they can cross the border and use an "less-safe" clinic in New Mexico.

Slate Action
Feb 13, 2012

by exmarx
Texas is going to be 4-4.

Gyges
Aug 4, 2004

NOW NO ONE
RECOGNIZE HULK

Slate Action posted:

Texas is going to be 4-4.

I have a feeling that Texas is being too blatant about restricting abortion for Kennedy, he likes it when you restrict abortion in more subtle ways. Ways that make him feel good about stopping abortion but still let him pretend that's not what's happening.

FlamingLiberal
Jan 18, 2009

Would you like to play a game?



I never give him credit like that on cases with women's health.

Slate Action
Feb 13, 2012

by exmarx
Thinking that "surely the court won't rule this way, they can see how bad it would be for the nation" is somewhat naive, imo

Evil Fluffy
Jul 13, 2009

Scholars are some of the most pompous and pedantic people I've ever had the joy of meeting.
Either Kennedy's going to side with the liberals or he's going to make it 4-4 with the opinion that women in El Paso going to New Mexico are wrong and that the solution is for all states to have those requirements or something equally dumb. If it's a 4-4 split then at best maybe there'll be a consensus that those admittance requirements are only permitted if a hospital can't deny privileges solely because abortion. But there's zero loving chance of that when so many hospitals are owned by religious organizations.

Honestly, the best chance for women's health is to make sure Clinton's elected and that we get a 5th liberal on the bench so that a bunch of groups can start challenging awful laws to get them all struck down.

Gyges
Aug 4, 2004

NOW NO ONE
RECOGNIZE HULK

Slate Action posted:

Thinking that "surely the court won't rule this way, they can see how bad it would be for the nation" is somewhat naive, imo

It's definitely not surely. It's just my gut feeling that Kennedy isn't going to be an rear end this time. He could totally be a total rear end though.

Torrannor
Apr 27, 2013

---FAGNER---
TEAM-MATE
Lyle Denniston will quit SCOTUSblog after next Monday :(

http://www.scotusblog.com/2016/06/one-journey-over-the-quest-continues/

evilweasel
Aug 24, 2002

I think that Kennedy's going to vote to strike these laws down. The goals of the laws are just too blatant for him to approve it without just deciding gently caress it he's against abortion.

silvergoose
Mar 18, 2006

IT IS SAID THE TEARS OF THE BWEENIX CAN HEAL ALL WOUNDS





That's kinda sad, end of a small era.

Squinty
Aug 12, 2007

Jerry Manderbilt posted:

we actually overwhelmingly support affirmative action, so please don't drag us into your crusade against it, thank you very much :)

or if you are asian then eat poo poo, you're a great example of everything wrong with asian america and exactly the kind of asian whom dylann roof praised in his manifesto

The one part of Alito's dissent that bothers me and I've never seen addressed is the fact that schools do not distinguish between Indian/Chinese/et al students, and Cambodian, Hmong, et al. What criteria are we using to lump together the least educated minority groups in America with the most educated?

Klaus88
Jan 23, 2011

Violence has its own economy, therefore be thoughtful and precise in your investment
A paper bag.

Jerry Manderbilt
May 31, 2012

No matter how much paperwork I process, it never goes away. It only increases.

Squinty posted:

The one part of Alito's dissent that bothers me and I've never seen addressed is the fact that schools do not distinguish between Indian/Chinese/et al students, and Cambodian, Hmong, et al. What criteria are we using to lump together the least educated minority groups in America with the most educated?

ironically, a lot of asian (and particularly chinese) anti-affirmative action advocates are also against disaggregating the asian-american category, even though southeast asians indeed are much less well-off and less educated than chinese-americans\

e: here's something about the failure of a disaggregation bill in california, and a new attempt to push one forward

quote:

Despite broad bipartisan support for data disaggregation in California, a few California-area Chinese American groups have also emerged against the AHEAD Act this year. Their opposition is truly bewildering: these groups advocate the silencing of Asian American and Pacific Islander voices alongside concealment of their oppressions, all to advance baseless fearmongering for a conservative anti-affirmative action cause.

tl;dr dylann storm liu's are absolute fuckers

Jerry Manderbilt fucked around with this message at 20:18 on Jun 26, 2016

AreWeDrunkYet
Jul 8, 2006

Squinty posted:

The one part of Alito's dissent that bothers me and I've never seen addressed is the fact that schools do not distinguish between Indian/Chinese/et al students, and Cambodian, Hmong, et al. What criteria are we using to lump together the least educated minority groups in America with the most educated?

Most affirmative action programs these days are less "[race]? +20" than a subjective preference towards disadvantaged people. Admissions boards are able to use paperwork and essays to see the difference between the poor child of a Hmong refugee and a well-off third generation Chinese-American immigrant, or between a poor black kid from a city and the child of a couple black lawyers in the suburb of said city. The goal is diversity, not checking off boxes on a census form.

Squinty
Aug 12, 2007

AreWeDrunkYet posted:

Most affirmative action programs these days are less "[race]? +20" than a subjective preference towards disadvantaged people. Admissions boards are able to use paperwork and essays to see the difference between the poor child of a Hmong refugee and a well-off third generation Chinese-American immigrant, or between a poor black kid from a city and the child of a couple black lawyers in the suburb of said city. The goal is diversity, not checking off boxes on a census form.

"Most?" Is there some sort of legislative or judicial oversight to ensure this is the case in all schools or do we just accept it on faith that no one's seeing a check next to Asian and putting all the applications in the same box? Many universities, particularly the ones most underrepresented Asian Americans will be applying to, don't require essays at all.

Turdis McWordis
Mar 29, 2016

by LadyAmbien

He's leaving to take up some of the unused Trump media credentials.

Discendo Vox
Mar 21, 2013

This does not make sense when, again, aggregate indicia also indicate improvements. The belief that things are worse is false. It remains false.

Squinty posted:

"Most?" Is there some sort of legislative or judicial oversight to ensure this is the case in all schools or do we just accept it on faith that no one's seeing a check next to Asian and putting all the applications in the same box? Many universities, particularly the ones most underrepresented Asian Americans will be applying to, don't require essays at all.

Schools have legal departments. Their admission policies are, iirc, publicly available (hence the Fischer lawsuit). Judicial oversight is generally reserved for jurisdictions that can't be trusted to apply policy appropriately.

EwokEntourage
Jun 10, 2008

BREYER: Actually, Antonin, you got it backwards. See, a power bottom is actually generating all the dissents by doing most of the work.

SCALIA: Stephen, I've heard that speed has something to do with it.

BREYER: Speed has everything to do with it.
College admissions are also super subjective and there are plenty of stories of people denying admission for the dumbest of reasons, so it's a fools game

myron cope
Apr 21, 2009

What does "remanded" mean when the SC uses it? I thought it meant to send it back to the lower court for a do-over. I was looking at the SCOTUSblog page for Heffernan v. City of Paterson, and the decision was "reversed and remanded". The wikipedia page says "when an appellate court grants a full remand, the lower court's decision is "reversed and remanded."".

Is that just fancy lawyerin' talk, or does the lower court actually do something in these cases?

evilweasel
Aug 24, 2002

myron cope posted:

What does "remanded" mean when the SC uses it? I thought it meant to send it back to the lower court for a do-over. I was looking at the SCOTUSblog page for Heffernan v. City of Paterson, and the decision was "reversed and remanded". The wikipedia page says "when an appellate court grants a full remand, the lower court's decision is "reversed and remanded."".

Is that just fancy lawyerin' talk, or does the lower court actually do something in these cases?

It means it's sent back to the lower court to enter any necessary orders that are needed based on the Supreme Court's opinion. Generally anything that's not upheld is remanded - it's rare that there's no additional orders or the like needed after the reversal. It doesn't mean it's a do-over unless that's what the SCOTUS decision called for.

OJ MIST 2 THE DICK
Sep 11, 2008

Anytime I need to see your face I just close my eyes
And I am taken to a place
Where your crystal minds and magenta feelings
Take up shelter in the base of my spine
Sweet like a chica cherry cola

-Cheap Trick

Nap Ghost

myron cope posted:

What does "remanded" mean when the SC uses it? I thought it meant to send it back to the lower court for a do-over. I was looking at the SCOTUSblog page for Heffernan v. City of Paterson, and the decision was "reversed and remanded". The wikipedia page says "when an appellate court grants a full remand, the lower court's decision is "reversed and remanded."".

Is that just fancy lawyerin' talk, or does the lower court actually do something in these cases?

the lower court is forced to make a new ruling on the case in accordance with the higher court's decision and continue the proceedings until its finally settled

alnilam
Nov 10, 2009


Goodnight sweet prince :(

30 TO 50 FERAL HOG
Mar 2, 2005



9 minutes :kingsley:

silvergoose
Mar 18, 2006

IT IS SAID THE TEARS OF THE BWEENIX CAN HEAL ALL WOUNDS




1 minute :ohdear:

Last #waitingforlyle ever :aaaaa:

30 TO 50 FERAL HOG
Mar 2, 2005



Kagan writing Voisine. 5-3 affirmed. Prob not good for abortion

e: 6-2 not 5-3

30 TO 50 FERAL HOG fucked around with this message at 15:04 on Jun 27, 2016

Slate Action
Feb 13, 2012

by exmarx
Four boxes suggests Texas might not be 4-4, since if it was it would be a single page, yes?

Adbot
ADBOT LOVES YOU

30 TO 50 FERAL HOG
Mar 2, 2005



opinion: http://www.supremecourt.gov/opinions/15pdf/14-10154_19m1.pdf

  • 1
  • 2
  • 3
  • 4
  • 5
  • Post
  • Reply