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Nissin Cup Nudist
Sep 3, 2011

Sleep with one eye open

We're off to Gritty Gritty land




haveblue posted:

No. The Constitution and well-established law specify the line of succession and gaps in the line are filled by appointment from above or by Congress.

What if all 25 people in the line of succession have a simultaneous heart attack?

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Lemming
Apr 21, 2008

Nissin Cup Nudist posted:

What if all 25 people in the line of succession have a simultaneous heart attack?

Trump hasn't made Death Note real no matter how many anime promises he made

Rygar201
Jan 26, 2011
I AM A TERRIBLE PIECE OF SHIT.

Please Condescend to me like this again.

Oh yeah condescend to me ALL DAY condescend daddy.


Nissin Cup Nudist posted:

What if all 25 people in the line of succession have a simultaneous heart attack?

I believe there is none. Congress probably assumed that if they were all dead, there probably wasn't a United States left to govern.

susan b buffering
Nov 14, 2016

The line of succession after VP is set by Congress. So they could always change it but obviously they wouldn't.

Hieronymous Alloy
Jan 30, 2009


Why! Why!! Why must you refuse to accept that Dr. Hieronymous Alloy's Genetically Enhanced Cream Corn Is Superior to the Leading Brand on the Market!?!




Morbid Hound

Nissin Cup Nudist posted:

What if all 25 people in the line of succession have a simultaneous heart attack?

As soon as a new speaker of the house is appointed, they would immediately become president.

haveblue
Aug 15, 2005



Toilet Rascal

Nissin Cup Nudist posted:

What if all 25 people in the line of succession have a simultaneous heart attack?

Kiefer Sutherland becomes president.

atelier morgan
Mar 11, 2003

super-scientific, ultra-gay

Lipstick Apathy

Hieronymous Alloy posted:

As soon as a new speaker of the house is appointed, they would immediately become president.

presuming of course that in this event of a nuclear war or asteroid impact enough of congress survived to have a quorum

GlyphGryph
Jun 23, 2013

Down came the glitches and burned us in ditches and we slept after eating our dead.

reignonyourparade posted:

Yeah ultimately if supreme court rulings are seen as increasingly illegitimate you're gonna get a president actively running on the platform of ignoring the supreme court.

And I'm sure there will be defenders in this thread saying that as long as they can get away with it and were elected on that platform and so long as they had the consent of congress it would be perfectly fine to do so.

Platystemon
Feb 13, 2012

BREADS

Hieronymous Alloy posted:

As soon as a new speaker of the house is appointed, they would immediately become president.

What if the Secretary of Veterans Affairs is still alive and doing a fine job as acting president but the House needs a new Speaker?

Rygar201
Jan 26, 2011
I AM A TERRIBLE PIECE OF SHIT.

Please Condescend to me like this again.

Oh yeah condescend to me ALL DAY condescend daddy.


Platystemon posted:

What if the Secretary of Veterans Affairs is still alive and doing a fine job as acting president but the House needs a new Speaker?

If he has been sworn in, that's it. He finishes the term. If the previous President had less than half a term left, the VA Sec would get to run for two more terms himself even.

Platystemon
Feb 13, 2012

BREADS

Rygar201 posted:

If he has been sworn in, that's it. He finishes the term. If the previous President had less than half a term left, the VA Sec would get to run for two more terms himself even.

quote:

(2) An individual acting as President under this subsection shall continue so to do until the expiration of the then current Presidential term, but not after a qualified and prior-entitled individual is able to act, except that the removal of the disability of an individual higher on the list contained in paragraph (1) of this subsection or the ability to qualify on the part of an individual higher on such list shall not terminate his service.

(3) The taking of the oath of office by an individual specified in the list in paragraph (1) of this subsection shall be held to constitute his resignation from the office by virtue of the holding of which he qualifies to act as President.

When a new Speaker is chosen, is that considered “ability to qualify on the part of an individual higher on such list”?

If so, when would “not after a qualified and prior-entitled individual is able to act” apply? When someone higher on the list is still alive but cannot be reached? Or they temporarily decline to resign their current office for whatever reason?

ulmont
Sep 15, 2010

IF I EVER MISS VOTING IN AN ELECTION (EVEN AMERICAN IDOL) ,OR HAVE UNPAID PARKING TICKETS, PLEASE TAKE AWAY MY FRANCHISE

Platystemon posted:

When a new Speaker is chosen, is that considered “ability to qualify on the part of an individual higher on such list”?

Yes. The "Bumping" problem was discussed in the "Second Report of the Continuity of Government Commission", and is of questionable constitutionality.

quote:

Bumping Procedures
In addition to preferring congressional leaders to cabinet members, Truman not only advocated that these leaders be placed above cabinet members in the line of succession, but also that newly elected congressional leaders be eligible to bump cabinet members from the presidency.

The Act makes it clear that a president or vice president who recovers from a disability or qualifies for office (say a president elected after a long election dispute with a Speaker of the House serving as president for a time) may “bump” out a congressional leader or cabinet member who is acting as president.

But the Act also provides for the case where a cabinet member acts as president because the congressional leaders are dead or unable to serve. Newly elected congressional leaders may bump cabinet members who are serving as president. For example, if the President, Vice President, Speaker, and President pro tempore are killed, the Secretary of State would act as president. But the Presidential Succession Act of 1947 provides that if the House of Representatives were to elect a new Speaker or the Senate a new president pro tempore, then one of those congressional leaders could bump the Secretary of State and become president.

There is no provision for bumping a cabinet member by another cabinet member, so if the Secretary of Defense becomes President, a newly appointed Secretary of State may not bump him. Also, there is no provision for a new Speaker to bump the President pro tempore.35

The bumping procedure is controversial. A number of constitutional scholars believe it is unconstitutional and others argue that it is an unwise policy.36 As for its constitutionality, the scholars point out that the Constitution allows Congress to write a succession act “declaring what Officer shall then act as president, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected” (emphasis added).37 Under the key constitutional provision, once selected to act as president, the officer will
continue to act until the President’s disability is removed, or, in the case of death or continuing disability, until a presidential election(either the next general election or a special election for president). The Constitution on its face seems to stipulate that once a person is deemed to be acting president by the Presidential Succession Act, he or she cannot be replaced by a different person. This interpretation makes some logical sense as the provision would presumably prevent the confusion that would arise if the
presidency were transferred to several different individuals in a short period of time. It would also seemingly prevent Congress from exercising influence on the executive branch by threatening to replace a cabinet member acting as president with a newly elected Speaker of the House.

https://www.brookings.edu/wp-content/uploads/2016/06/06_continuity_of_government.pdf

Hieronymous Alloy
Jan 30, 2009


Why! Why!! Why must you refuse to accept that Dr. Hieronymous Alloy's Genetically Enhanced Cream Corn Is Superior to the Leading Brand on the Market!?!




Morbid Hound

Platystemon posted:

What if the Secretary of Veterans Affairs is still alive and doing a fine job as acting president but the House needs a new Speaker?

The Speaker of the House could refuse to serve as President and remain in the House.

I kinda suspect that will happen if Trump and Pence get sent down. People won't want to sit in that chair. My hope would be they'd all step back and let Mattis keep the seat warm.

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.

Hieronymous Alloy posted:

The Speaker of the House could refuse to serve as President and remain in the House.

I kinda suspect that will happen if Trump and Pence get sent down. People won't want to sit in that chair. My hope would be they'd all step back and let Mattis keep the seat warm.

I doubt that Ryan wouldn't "begrudgingly accept the ominous burden of assuming the presidency" while being unable to continue his huge smirk.

The amendment really shows that when it comes to drafting laws/amendments, the general principal is "good enough." Is there a huge glaring hole in the law? gently caress it, it's good enough

Javid
Oct 21, 2004

:jpmf:

ulmont posted:

Yes. The "Bumping" problem was discussed in the "Second Report of the Continuity of Government Commission", and is of questionable constitutionality.
https://www.brookings.edu/wp-content/uploads/2016/06/06_continuity_of_government.pdf

EwokEntourage posted:

The amendment really shows that when it comes to drafting laws/amendments, the general principal is "good enough." Is there a huge glaring hole in the law? gently caress it, it's good enough

I feel like the thinking is "if this ever matters, everything is probably on fire anyway and the survivors get to do whatever they want"

Or we're in a Tom Clancy novel.

Azathoth
Apr 3, 2001

EwokEntourage posted:

I doubt that Ryan wouldn't "begrudgingly accept the ominous burden of assuming the presidency" while being unable to continue his huge smirk.

The amendment really shows that when it comes to drafting laws/amendments, the general principal is "good enough." Is there a huge glaring hole in the law? gently caress it, it's good enough

Yeah, Ryan clearly wants to be President, no way he wouldn't accept after doing the requisite dithering, so as not to seem too eager.

There's also a path where Trump goes down and Pence stays afloat long enough to nominate a VP, but then Ryan pulls a Jerry Ford to make his lifelong dream come true when Pence goes down and jumps from the House to the White House.

If both Trump and Pence go down together, everyone else in the line of succession in the executive branch is gonna be radioactive, so it's basically Ryan or Orrin Hatch who end up in the White House trying to put the pieces back together and even if Ryan weren't ahead of Hatch in line, I'd still bet money he'd end up there first.

Hieronymous Alloy
Jan 30, 2009


Why! Why!! Why must you refuse to accept that Dr. Hieronymous Alloy's Genetically Enhanced Cream Corn Is Superior to the Leading Brand on the Market!?!




Morbid Hound
One big question is whether the party would fall in line behind a hypothetical Trump replacement, or would view that person as a usurper.

susan b buffering
Nov 14, 2016

Imo there's no way the GOP impeaches Trump without a huge split in the party. A huge portion of the base simply won't tolerate it.

Rygar201
Jan 26, 2011
I AM A TERRIBLE PIECE OF SHIT.

Please Condescend to me like this again.

Oh yeah condescend to me ALL DAY condescend daddy.


skull mask mcgee posted:

Imo there's no way the GOP impeaches Trump without a huge split in the party. A huge portion of the base simply won't tolerate it.


Not every GOP rep is from an R +10 district. Plenty of the guys in districts Clinton won are already getting nervous. It's not a foregone conclusion, but I certainly wouldn't table it either

Proust Malone
Apr 4, 2008

The consequences of Trump need to be much greater than the embarrassment of impeaching your own drat party's president. It seems so unlikely that... gently caress it nothing's really anymore.

Really though, he'll resign once it gets too bad or he'll have a massive heart attack and resign from his hospital bed if he survives.

KernelSlanders
May 27, 2013

Rogue operating systems on occasion spread lies and rumors about me.

Hieronymous Alloy posted:

The Speaker of the House could refuse to serve as President and remain in the House.

I kinda suspect that will happen if Trump and Pence get sent down. People won't want to sit in that chair. My hope would be they'd all step back and let Mattis keep the seat warm.

I think Mattis' would largely be seen as a caretaker administration, which makes that possibility way to conciliatory for the current administration or house leadership.

susan b buffering
Nov 14, 2016

Rygar201 posted:

Not every GOP rep is from an R +10 district. Plenty of the guys in districts Clinton won are already getting nervous. It's not a foregone conclusion, but I certainly wouldn't table it either

I know that. That doesn't mean it wouldn't piss off a substantial subset of the party.

Fuschia tude
Dec 26, 2004

THUNDERDOME LOSER 2019

Ron Jeremy posted:

Really though, he'll resign once it gets too bad or he'll have a massive heart attack and resign from his hospital bed if he survives.

I don't see Trump ever resigning. It goes against every fiber of his being.

People talk about refusing succession to the presidency, can you actually do that? I guess you could just refuse to be sworn in, or resign on your first day, if you had to.

Zoran
Aug 19, 2008

I lost to you once, monster. I shall not lose again! Die now, that our future can live!

Fuschia tude posted:

I don't see Trump ever resigning. It goes against every fiber of his being.

People talk about refusing succession to the presidency, can you actually do that? I guess you could just refuse to be sworn in, or resign on your first day, if you had to.

Yeah, you can just say no.

MrNemo
Aug 26, 2010

"I just love beeting off"

It's possible, Argentina has a lot of stuff modeled on the us. Before the Kircheners they went through a series of people that took the office and resigned a few days later basically after reviewing the economic books. This was I believe after a particularly corrupt administration that basically looted the treasury during the 90s boom and disappeared after the tech bubble crashed.

So if things look difficult enough to work out people may well feel being president would be a poison chalice that would leave them with no future career, unpopular and recorded in history as a trivia point for school quizzes.

Subjunctive
Sep 12, 2006

✨sparkle and shine✨

MrNemo posted:

disappeared after the tech bubble crashed.

Was there a big Argentine tech boom? I haven't heard about it.

MrNemo
Aug 26, 2010

"I just love beeting off"

More the general international economic decline, specifically triggered by the us .com bubble. Sorry maybe should have been clearer in that reference

MasterSlowPoke
Oct 9, 2005

Our courage will pull us through
The unthinkable has happened: Clarence Thomas is the voice of reason.

evilweasel
Aug 24, 2002

MasterSlowPoke posted:

The unthinkable has happened: Clarence Thomas is the voice of reason.

Also, the Eastern District of Texas is out of the patent business, in a unanimous decision that's so short it can be effectively summarized as "the federal circuit are loving morons who ignored our prior decision, which is still good. reversed."

Space Gopher
Jul 31, 2006

BLITHERING IDIOT AND HARDCORE DURIAN APOLOGIST. LET ME TELL YOU WHY THIS SHIT DON'T STINK EVEN THOUGH WE ALL KNOW IT DOES BECAUSE I'M SUPER CULTURED.

MasterSlowPoke posted:

The unthinkable has happened: Clarence Thomas is the voice of reason.

Well, kinda; he has a little concurrence that calls out majority-minority districts as a terrible thing that should be subject to strict scrutiny whenever they even exist.

But, even though today's a victory, this seems like a bad sign for the future. Alito and Roberts going full "sure, we have piles of explicit evidence that the state crafted these districts with racially discriminatory intent, but since they also had a political motivation, it's perfectly legit," was pretty much to be expected. Kennedy joining on, though, is seriously loving bad news for future voter suppression cases. The dissent makes no sense unless you accept that partisan gerrymandering, to any extreme, is a good thing - to the point where we should accept explicitly racial voter suppression to preserve the noble partisan gerrymander.

evilweasel
Aug 24, 2002

Space Gopher posted:

Well, kinda; he has a little concurrence that calls out majority-minority districts as a terrible thing that should be subject to strict scrutiny whenever they even exist.

But, even though today's a victory, this seems like a bad sign for the future. Alito and Roberts going full "sure, we have piles of explicit evidence that the state crafted these districts with racially discriminatory intent, but since they also had a political motivation, it's perfectly legit," was pretty much to be expected. Kennedy joining on, though, is seriously loving bad news for future voter suppression cases. The dissent makes no sense unless you accept that partisan gerrymandering, to any extreme, is a good thing - to the point where we should accept explicitly racial voter suppression to preserve the noble partisan gerrymander.

It may not have been argued that the gerrymandering was unacceptably partisan in the lower courts. I only skimmed the dissent however so I don't know if they addressed that issue.

Number Ten Cocks
Feb 25, 2016

by zen death robot

Space Gopher posted:

The dissent makes no sense unless you accept that partisan gerrymandering, to any extreme, is a good thing - to the point where we should accept explicitly racial voter suppression to preserve the noble partisan gerrymander.

"Good, bad - I'm the guy with the Constitution."

hobbesmaster
Jan 28, 2008

evilweasel posted:

Also, the Eastern District of Texas is out of the patent business, in a unanimous decision that's so short it can be effectively summarized as "the federal circuit are loving morons who ignored our prior decision, which is still good. reversed."

Now they'll all be in Delaware if I understand it right?

evilweasel
Aug 24, 2002

hobbesmaster posted:

Now they'll all be in Delaware if I understand it right?

Either in the state of incorporation or the state they are headquartered in, yes. So Delaware will almost always be an option but depending on how friendly they are to plaintiffs it may become the center or companies may routinely get sued in their HQ states to avoid Delaware if it becomes considered defendant-friendly.

Papercut
Aug 24, 2005

esquilax posted:

The appeals court okay'd it, and SCOTUS declined to review. Frank v Walker. There was another appeals decision on it last year but I don't know much.


Yeah that sounds bad, did not know that.

This account is worth​ reading, for the practical effects of Wisconsin voter ID. This guy spends hundreds of dollars trying to correct an error on his birth certificate in order to meet Wisconsin's requirements, only to eventually give up and move back to his home state.

https://www.thenation.com/article/a-black-man-brought-3-forms-of-id-to-the-polls-in-wisconsin-he-still-couldnt-vote/

Space Gopher
Jul 31, 2006

BLITHERING IDIOT AND HARDCORE DURIAN APOLOGIST. LET ME TELL YOU WHY THIS SHIT DON'T STINK EVEN THOUGH WE ALL KNOW IT DOES BECAUSE I'M SUPER CULTURED.

evilweasel posted:

It may not have been argued that the gerrymandering was unacceptably partisan in the lower courts. I only skimmed the dissent however so I don't know if they addressed that issue.

I'm going off of this:

quote:

A critical factor in our analysis was the failure of those challenging the district to come forward with an alternative redistricting map that served the legislature’s political objective as well as the challenged version without producing the same racial effects.

If the plaintiffs want to prevail under the standard set by Alito, Roberts, and Kennedy, they don't get to just prove racial animus and kick the map back to the state for a fix. The plaintiffs also have to provide a map that preserves the partisan gerrymander.

evilweasel
Aug 24, 2002

This article makes the case that Kagan has carefully structured that NC decision to be a huge weapon against southern gerrymanders:

quote:

...
Despite Justice Kagan’s attempt to explain this as a ho-hum deference to a judicial finding of fact, there are two bombshells in footnotes in the case. Recall that with District 12 the question is race or party, as though these are two separate categories. And in the body of the decision Justice Kagan says it will defer to the trial court’s decision that it is race and not party. (This conforms, using the terms of my draft Essay, to the “race or party” approach.) But in Footnotes 1 and 7, the Court explains that in places where race and party overlap so much they can be treated as proxies for one another. (This conforms, using the terms of my essay, to the “race as party” proxy approach.) Here’s part of Footnote 1: “A plaintiff succeeds at this stage even if the evidence reveals that a legislature elevated race to the predominant criterion in order to advance other goals, including political ones.” And here is Footnote 7: “As earlier noted, that inquiry is satisfied when legislators have“place[d] a significant number of voters within or without” a district predominantly because of their race, regardless of their ultimate objective in taking that step. See supra, at 2, and n. 1. So, for example, if legislators use race as their predominant districting criterion with the end goal of advancing their partisan interests—perhaps thinking that a proposed district is more “sellable” as a race-based VRA compliance measure than as a political gerrymander and will accomplish much the same thing—their action still triggers strict scrutiny. See Vera, 517 U. S., at 968–970 (plurality opinion). In other words, the sorting of voters on the grounds of their race remains suspect even if race is meant to function as a proxy for other (including political)characteristics. See Miller, 515 U. S., at 914.” (My emphasis)

Holy cow this is a big deal. It means that race and party are not really discrete categories and that discriminating on the basis of party in places of conjoined polarization is equivalent, at least sometimes, to making race the predominant factor in redistricting. This will lead to many more successful racial gerrymandering cases in the American South and elsewhere, and allow these cases to substitute for (so far unsuccessful) partisan gerrymandering claims involving some of these districts. (Why Justice Thomas went along with all of this is a mystery to me. He joined in the opinion, and his separate opinion expresses no disagreement with these footnotes.)

This race and party as proxies for one another, as I explain in my essay, was also the theory used by the 4th Circuit in holding that North Carolina passed its strict voting law with racially discriminatory intent. That’s not the same question as the predominance question in racial gerrymandering cases, but it is parallel, and it shows the race and party as proxies issue working its way into the law. This is a much more realistic approach to political regulation, and I am glad to see it being elevated in contrast to “race or party” (though I make clear in the essay I prefer a different approach).

Now that we have this ruling, the Court will have to confront a partisan gerrymandering case directly out of North Carolina. In response to the lower court ruling in this case, North Carolina passed a new plan, and it went out of its way to call it a partisan gerrymander. Explicitly and on the record. The three judge court said it could not police the partisan gerrymander under the 2004 Vieth case, and plaintiffs filed an appeal from that too, which has been sitting at the Court and will now need to be acted upon.

And there’s also a finding of racial gerrymanders in NC general assembly races, which is pending before the court. A lower court had ordered special elections in 2017, which had been put on hold by the Court. Perhaps plaintiffs will now try to get that hold put aside by the Court.


http://electionlawblog.org/?p=92675

Potato Salad
Oct 23, 2014

nobody cares


evilweasel posted:

This article makes the case that Kagan has carefully structured that NC decision to be a huge weapon against southern gerrymanders:



http://electionlawblog.org/?p=92675

Doesn't matter if five justices don't give a gently caress.

WhiskeyJuvenile
Feb 15, 2002

by Nyc_Tattoo

evilweasel posted:

This article makes the case that Kagan has carefully structured that NC decision to be a huge weapon against southern gerrymanders:



http://electionlawblog.org/?p=92675

this seemed pretty damning:

quote:

Finally, an expert report by Dr. Stephen Ansolabehere lent circumstantial support to the plaintiffs’ race-not politics case. Ansolabehere looked at the six counties overlapping with District 12—essentially the region from which the mapmakers could have drawn the district’s population. The question he asked was: Who from those counties actually ended up in District 12? The answer he found was: Only 16% of the region’s white registered voters, but 64% of the black ones. See App. 321–322. Ansolabehere next controlled for party registration, but discovered that doing so made essentially no difference: For example, only 18% of the region’s white Democrats wound up in District 12, whereas 65% of the black Democrats did. See id., at 332. The upshot was that, regardless of party, a black voter was three to four times more likely than a white voter to cast his ballot within District 12’s borders. See ibid. Those stark disparities led Ansolabehere to conclude that “race, and not party,” was “the dominant factor” in District 12’s design. Id., at 337. His report, as the District Court held, thus tended to confirm the plaintiffs’ direct evidence of racial predominance. See 159 F. Supp. 3d, at 620–621.

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evilweasel
Aug 24, 2002

Potato Salad posted:

Doesn't matter if five justices don't give a gently caress.

The Supreme Court can always reverse itself, but that decision gives little room for maneuver for district and appeals courts reviewing challenges and the Supreme Court may not be interested in reviewing them all. Plus Thomas is saying he's not buying the "our packing of all the black voters into one district is for their benefit!" argument and he has shown a propensity to refuse to deviate from his (usually crazy) beliefs to support, even if its what the Republican Party wants (though usually they want something less extreme and he's going more extreme).

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