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
Proust Malone
Apr 4, 2008

Rigel posted:

Dems gerrymandered the gently caress out of the GOP in the few states that they had the opportunity. They tried to defeat the independent redistricting commission ballot measure in CA because they wanted to gently caress the GOP in CA too.

To be fair, the effect of gerrymandering is a national problem. To unilaterally disarm the largest blue state would be to hand the congress to the Republicans.

Adbot
ADBOT LOVES YOU

FronzelNeekburm
Jun 1, 2001

STOP, MORTTIME

evilweasel posted:

It appears he's not the only one. A bunch of Republican governors, representatives, and former representatives also signed amicus briefs calling for the court to strike down gerrymandering (including, oddly, some representatives in specifically gerrymandered for their benefit districts).

https://www.nytimes.com/2017/09/06/...itics&smtyp=cur

I'm actually starting to think this has a real chance.

Or maybe not.

News&Observer posted:

Two of the three North Carolina lawmakers who had joined with prominent national politicians to oppose gerrymandering have now backtracked, saying they didn’t mean to add their names on an anti-gerrymandering letter sent to the Supreme Court.

Rep. Mark Meadows and Rep. Walter Jones, both Republicans, signed on to the legal brief along with Democratic Rep. David Price.

Meadows blamed an “error” and Jones blamed “miscommunication” for their participation. Meadows also made a point to say he supports the N.C. General Assembly, which is in charge of drawing the state’s lines for its members of Congress.

That means Price is now the only one of North Carolina’s 15 members of Congress who remains involved in the anti-gerrymandering efforts at the Supreme Court. The Chapel Hill lawmaker’s office confirmed Friday that he didn’t sign his name accidentally.

Name Change
Oct 9, 2005


If I had to guess why some Republicans are supporting anti-gerrymandering moves, it's because they reckon it's the easiest way to get rid of the crazies coming out of impenetrable red districts and that are making it impossible for the GOP coalition to govern. And they suspect a Democrat wave is incoming.

Ogmius815
Aug 25, 2005
centrism is a hell of a drug

dont even fink about it posted:

If I had to guess why some Republicans are supporting anti-gerrymandering moves, it's because they reckon it's the easiest way to get rid of the crazies coming out of impenetrable red districts and that are making it impossible for the GOP coalition to govern. And they suspect a Democrat wave is incoming.

That's very smart. GOP gerrymandering allowed the party a vice grip on the House for a decade, but it also made their house conference unmanageable and insane in a way that has thwarted much of their agenda and provided leverage to the minority.

Kloaked00
Jun 21, 2005

I was sitting in my office on that drizzly afternoon listening to the monotonous staccato of rain on my desk and reading my name on the glass of my office door: regnaD kciN

I'm kind of surprised there's not more discussion about SCOTUS saying that Texas can keep their districts.

Rigel
Nov 11, 2016

Kloaked00 posted:

I'm kind of surprised there's not more discussion about SCOTUS saying that Texas can keep their districts.

Its just a temporary stay, thats not very difficult to get normally, though in this case it was close. There's also nothing to look at without a written opinion.

Its plausible that we get arguments and a decision early next year where say "welp, turns out those districts are illegal after all and need to be redrawn. Whats that? Too late for 2018? drat, oh well, have them ready for 2020!"

Potato Salad
Oct 23, 2014

nobody cares


To which states answer, "No."

Rigel
Nov 11, 2016

Potato Salad posted:

To which states answer, "No."

They can't actually do that. At some point if they outright refuse then the federal court will shove Texas aside and draw the map themselves. If Texas wants to be poo poo for 2020, the more plausible path would be to redraw the map into something else terrible and illegal, then try to run the clock out again in court.

atelier morgan
Mar 11, 2003

super-scientific, ultra-gay

Lipstick Apathy

Rigel posted:

They can't actually do that. At some point if they outright refuse then the federal court will shove Texas aside and draw the map themselves. If Texas wants to be poo poo for 2020, the more plausible path would be to redraw the map into something else terrible and illegal, then try to run the clock out again in court.

i mean texas does that every single election its not like this is a fresh new case on their part

Evil Fluffy
Jul 13, 2009

Scholars are some of the most pompous and pedantic people I've ever had the joy of meeting.

Rigel posted:

They can't actually do that. At some point if they outright refuse then the federal court will shove Texas aside and draw the map themselves. If Texas wants to be poo poo for 2020, the more plausible path would be to redraw the map into something else terrible and illegal, then try to run the clock out again in court.

Pretty sure Florida's GOP has done exactly this. Multiple times.

GlyphGryph
Jun 23, 2013

Down came the glitches and burned us in ditches and we slept after eating our dead.
The GOP does a very good job at exposing how toothless and worthless our justice system is in many respects.

Number Ten Cocks
Feb 25, 2016

by zen death robot
Dementia may be setting in with Posner.

http://ca3blog.com/judges/posners-new-book-is-bananas-but-you-might-want-it-anyway/

tetrapyloctomy
Feb 18, 2003

Okay -- you talk WAY too fast.
Nap Ghost

Wow. That sounds like a trainwreck.

JesustheDarkLord
May 22, 2006

#VolsDeep
Lipstick Apathy
The Kindle version is only 99 cents, though, so I'm going to buy it and probably never read it.

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

JesustheDarkLord posted:

The Kindle version is only 99 cents, though, so I'm going to buy it and probably never read it.

Included as part of Kindle Unlimited, even.

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.


Could I get a law goon's take on this WaPo editorial about the Arpaio pardon?

https://www.washingtonpost.com/opin...m=.deb78a7fcaeb

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

Rygar201 posted:

Could I get a law goon's take on this WaPo editorial about the Arpaio pardon?

https://www.washingtonpost.com/opin...m=.deb78a7fcaeb

It's a decent argument but it probably won't fly in this instance because

1) Arpaio is no longer in office so the pardon doesn't allow any ongoing harm, and
2) this supreme court

twodot
Aug 7, 2005

You are objectively correct that this person is dumb and has said dumb things

Rygar201 posted:

Could I get a law goon's take on this WaPo editorial about the Arpaio pardon?

https://www.washingtonpost.com/opin...m=.deb78a7fcaeb
Not a law goon, but I think the general consensus on this was "Pardoning (to take this article's example) a sitting governor engaged in an ongoing violation of people's Constitutional rights (e: arguably) can't itself be a Constitutional action (aka there must exist a remedy to an existing violation of a Constitutional right), but Arpaio, at this point, is effectively a random citizen convicted of committing a crime in the past, and that's clearly within the pardon power, also if you think the President's pardon is so bad then impeachment is the most obvious remedy the Constitution has".

twodot fucked around with this message at 19:42 on Sep 19, 2017

Mr. Nice!
Oct 13, 2005

bone shaking.
soul baking.

Hieronymous Alloy posted:

It's a decent argument but it probably won't fly in this instance because

1) Arpaio is no longer in office so the pardon doesn't allow any ongoing harm, and
2) this supreme court

To add further, it's just as likely that any supreme court will punt this as a matter for congress. The proper remedy is impeachment.

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.


Mr. Nice! posted:

To add further, it's just as likely that any supreme court will punt this as a matter for congress. The proper remedy is impeachment.

This is addressed in the article. The notion that an action could warranty removal from office and prosecution but be unjusticiable is worrisome in itself.

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

Rygar201 posted:

This is addressed in the article. The notion that an action could warranty removal from office and prosecution but be unjusticiable is worrisome in itself.

Yeah but the counterargument is "the founders considered that and drafted it this way anyway."

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.


Hieronymous Alloy posted:

Yeah but the counterargument is "the founders considered that and drafted it this way anyway."

They left in and out a lot of things that we have since read in, out, or written in, and out. Hell, they didn't expressly include Judicial Review in the text.

evilweasel
Aug 24, 2002

Rygar201 posted:

This is addressed in the article. The notion that an action could warranty removal from office and prosecution but be unjusticiable is worrisome in itself.

I disagree. Most of the time the reason something is nonjusticable is precisely because the Constitution gives the power to deal with it to a different body than the judiciary.

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

evilweasel posted:

I disagree. Most of the time the reason something is nonjusticable is precisely because the Constitution gives the power to deal with it to a different body than the judiciary.

The counterargument there is you're talking about two separate problems -- one is concept of having a president who would do such a thing (dealt with via impeachment), the other is the horrible thing he did (pardoning unconstitutional conduct).

If I were deciding the case I'd probably be leaning towards "Pardons issued for criminal contempt orders, when said orders were punishment for explicitly unconstitutional conduct, create a chilling effect on constitutional rights, encourage unconstitutional further actions on the part of other officials, and violate separation of powers, and are thus invalid" but I'd have to think long and hard about it especially that last part.

Basically imagine that there's a group of Arpaios out there and they're all doing poo poo like this, pardoning one of them sends a message to the others that such conduct will be allowed without punishment. Spoiler: there are absolutely other sheriffs out there like Arpaio

But I'm not deciding this case, goresuch is

Hieronymous Alloy fucked around with this message at 21:00 on Sep 19, 2017

Main Paineframe
Oct 27, 2010

Rygar201 posted:

This is addressed in the article. The notion that an action could warranty removal from office and prosecution but be unjusticiable is worrisome in itself.

Not really. The mere existence of the pardon power implies that it's okay for something that warrants prosecution to not be justiceable, because that's the entire point of the pardon power.

Remember, there's that whole "checks and balances" thing. If the courts could override a pardon, there wouldn't be much purpose in even having the pardon power. Like it or not, that's one instance in which the executive has the power to counteract the judiciary; if the president is using that power in an illegitimate or unjust fashion, it's up to the legislature to intervene against the executive in support of the judiciary.

Evil Fluffy
Jul 13, 2009

Scholars are some of the most pompous and pedantic people I've ever had the joy of meeting.
This legal challenge will, at best, result in a SCOTUS ruling that entrenches pardons as unquestionable and unstoppable (except for impeachment matters). There is no loving way that Arpaio's pardon is going to get thrown out even though it absolutely should be and that loving fascist deserves to be executed for his crimes.

If the country's government actually worked then Trump would be facing impeachment hearings over this because the pardon is a travesty but so are dozens of other things Trump has done and is going to do over the next 3-7 years.

TyroneGoldstein
Mar 30, 2005
As a public sector employee I'm waiting for the inevitable destruction of public sector unions in the form of the Janus case. I mean I don't even know what to say...It's done.

LeJackal
Apr 5, 2011

TyroneGoldstein posted:

As a public sector employee I'm waiting for the inevitable destruction of public sector unions in the form of the Janus case. I mean I don't even know what to say...It's done.

The capitalist oligarchs have been working for decades to destroy Labor, and they won't stop. This is just another in a long line of successful campaigns to gut, smother, and wither unions to the grave. It's the other side of their equally successful PR campaign.

Mr. Nice!
Oct 13, 2005

bone shaking.
soul baking.

LeJackal posted:

The capitalist oligarchs have been working for decades to destroy Labor, and they won't stop. This is just another in a long line of successful campaigns to gut, smother, and wither unions to the grave. It's the other side of their equally successful PR campaign.

Don't you know, though, that unions won! Workers have the best protections ever now, so unions are superfluous and a waste of money.

Ardlen
Sep 30, 2005
WoT



If Janus overrules Abood v. Detroit Board of Education and says that everyone doesn't have to pay union dues, does this mean that unions only have to represent dues-paying members? My understanding is that the reasoning in Abood was that since everyone benefits, everyone has to pay.

Ardlen fucked around with this message at 19:06 on Sep 28, 2017

ugh its Troika
May 2, 2009

by FactsAreUseless

TyroneGoldstein posted:

As a public sector employee I'm waiting for the inevitable destruction of public sector unions in the form of the Janus case. I mean I don't even know what to say...It's done.

Good. Public sector unions are a parasite on the backs of taxpayers and are responsible for many, many problems in this country.

Badger of Basra
Jul 26, 2007

Ugh, it's troika

Proust Malone
Apr 4, 2008

ugh its Troika posted:

Good. Public sector unions are a parasite on the backs of taxpayers and are responsible for many, many problems in this country.

I'm looking forward to the rationale of why police unions are allowed to continue to exist

Rigel
Nov 11, 2016

Ardlen posted:

If Janus overrules Abood v. Detroit Board of Education and says that everyone doesn't have to pay union dues, does this mean that unions only have to represent dues-paying members? My understanding is that the reasoning in Abood was that since everyone benefits, everyone has to pay.

It probably doesn't matter, because every time union workers have been given the option to opt out of paying dues, almost all of them do, and the union collapses.

Mr. Nice!
Oct 13, 2005

bone shaking.
soul baking.
Yeah drat greedy teachers bankrupting us all!

Goatse James Bond
Mar 28, 2010

If you see me posting please remind me that I have Charlie Work in the reports forum to do instead

Ron Jeremy posted:

I'm looking forward to the rationale of why unions are allowed to continue to exist

Edit: oh, you probably meant a special carved out exemption at SCOTUS when they abolish union representation for all the other proles.

Evil Fluffy
Jul 13, 2009

Scholars are some of the most pompous and pedantic people I've ever had the joy of meeting.
Why should Captains of Industry waste money on Pinkertons when cops are so readily available? :capitalism:

Goatse James Bond
Mar 28, 2010

If you see me posting please remind me that I have Charlie Work in the reports forum to do instead

Evil Fluffy posted:

Why should Captains of Industry waste money on Pinkertons when cops are so readily available? :capitalism:

Don't want the cops getting too big for their britches and thinking they can breach corporate extraterritoriality with impunity.

They're welcome to handle the commies on public property though. :3:

Rodatose
Jul 8, 2008

corn, corn, corn

ugh its Troika posted:

a parasite on the backs of taxpayers and are responsible for many, many problems in this country.

are you still a landlord

Adbot
ADBOT LOVES YOU

Harold Fjord
Jan 3, 2004

Rodatose posted:

are you still a landed gentleman

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