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icantfindaname
Jul 1, 2008


When is gerrymandering decision expected?

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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

icantfindaname posted:

When is gerrymandering decision expected?

Sometime before the end of June 2018. Could theoretically come any day now but realistically unlikely before March 2018.

dwarf74
Sep 2, 2012



Buglord

icantfindaname posted:

When is gerrymandering decision expected?
Oh man I kind of dread this, what with like half the court going "durrr... math?" and Kennedy saying "political gerrymandering is a-ok!" in the NC case a few months back.

The Supreme Court is seriously the only entity that can fix it, though.

Ynglaur
Oct 9, 2013

The Malta Conference, anyone?

dwarf74 posted:

Oh man I kind of dread this, what with like half the court going "durrr... math?" and Kennedy saying "political gerrymandering is a-ok!" in the NC case a few months back.

The Supreme Court is seriously the only entity that can fix it, though.

That or a constitutional convention.

MasterSlowPoke
Oct 9, 2005

Our courage will pull us through

Ynglaur posted:

That or a constitutional convention.

So yeah, only the Supreme Court can do anything about it.

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
Theoretically a Democratic legislative sweep could also

Name Change
Oct 9, 2005


Hieronymous Alloy posted:

Theoretically a Democratic legislative sweep could also

Far more likely and still a long shot.

ShadowHawk
Jun 25, 2000

CERTIFIED PRE OWNED TESLA OWNER

Hieronymous Alloy posted:

Theoretically a Democratic legislative sweep could also
Unlikely, as Democrats would just gerrymander themselves into power.

A series of state-by-state initiatives/referenda a la California might help.

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

ShadowHawk posted:

Unlikely, as Democrats would just gerrymander themselves into power.


problem solved either way depending on how you define the problem

ShadowHawk
Jun 25, 2000

CERTIFIED PRE OWNED TESLA OWNER

Hieronymous Alloy posted:

problem solved either way depending on how you define the problem
The solution I seek is one of representative government, not sticking it to the red tribe.

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

Ynglaur posted:

That or a constitutional convention.

that's not

how concons

WOOOOOOOOOOORK :argh:

Platystemon
Feb 13, 2012

BREADS

ShadowHawk posted:

The solution I seek is one of representative government, not sticking it to the red tribe.

The solution I seek is healing the damage done by the red storm.

Ynglaur
Oct 9, 2013

The Malta Conference, anyone?

GreyjoyBastard posted:

that's not

how concons

WOOOOOOOOOOORK :argh:

If we had a constitutional amendment that specified how representative districts were defined it could.

Slaan
Mar 16, 2009



ASHERAH DEMANDS I FEAST, I VOTE FOR A FEAST OF FLESH

Platystemon posted:

The solution I seek is healing the damage done by the red storm.

Perhaps the solution is a red storm though :ussr:

dwarf74
Sep 2, 2012



Buglord

Ynglaur posted:

That or a constitutional convention.
A constitutional convention right now would be written by the craziest motherfuckers American politics has ever seen.

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

Ynglaur posted:

If we had a constitutional amendment that specified how representative districts were defined it could.

You know, I rescind a small part of my yelling because it miiiight be easier to squeeze that past state legislatures than the federal legislature because the House exists.

Unfortunately, in most (all?) of those states, so do state level districts. :v:

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

dwarf74 posted:

A constitutional convention right now would be written by the craziest motherfuckers American politics has ever seen.

Fortunately it would still loving require ratification by 75% of loving states.

Ratoslov
Feb 15, 2012

Now prepare yourselves! You're the guests of honor at the Greatest Kung Fu Cannibal BBQ Ever!

GreyjoyBastard posted:

Fortunately it would still loving require ratification by 75% of loving states.

Meaning the only constitutions that could actually pass such a convention is stuff written by the craziest motherfuckers America has ever known, because they wouldn't ratify anything vaguely sensible and the bulk of the state legislatures are controlled by the craziest motherfuckers' fan clubs.

evilweasel
Aug 24, 2002

ShadowHawk posted:

Unlikely, as Democrats would just gerrymander themselves into power.

A series of state-by-state initiatives/referenda a la California might help.

A democratic congress is still likely to have an interest in banning gerrymandering, especially as part of a package of reforms to end antimajoritarian nonsense because democrats are a majority.

Evil Fluffy
Jul 13, 2009

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

Hieronymous Alloy posted:

Theoretically a Democratic legislative sweep could also

I'm not going to hold my breath for that when the Dems are probably going to lose the upcoming VA governor's race as a prelude to loving up what should be a blue tidal wave midterm next year.

Ynglaur posted:

That or a constitutional convention.

That would result in us becoming Evangelical Saudia Arabia at best.

ShadowHawk
Jun 25, 2000

CERTIFIED PRE OWNED TESLA OWNER

evilweasel posted:

A democratic congress is still likely to have an interest in banning gerrymandering, especially as part of a package of reforms to end antimajoritarian nonsense because democrats are a majority.
When Democrats in California were in such a situation they still gerrymandered the hell out of the state. A side effect of incumbent gerrymandering was complete stagnation as moderates on either side had no hope of making it past primaries. There's a reason it took an initiative to change that system -- the legislature had no reason to vote themselves out of power.

Kawasaki Nun
Jul 16, 2001

by Reene

ShadowHawk posted:

When Democrats in California were in such a situation they still gerrymandered the hell out of the state. A side effect of incumbent gerrymandering was complete stagnation as moderates on either side had no hope of making it past primaries. There's a reason it took an initiative to change that system -- the legislature had no reason to vote themselves out of power.

Are the democrats in power in the federal government?

ShadowHawk
Jun 25, 2000

CERTIFIED PRE OWNED TESLA OWNER

Kawasaki Nun posted:

Are the democrats in power in the federal government?
In the above hypothetical where they do retake Congress they likely also retake sizeable numbers of state legislatures. There is no reason to think that Democrats will decide to remove themselves from power rather than continue gerrymandering in a different direction, which is exactly what they've done in several states where they've had opportunity. It's worth pointing out that Nancy Pelosi specifically campaigned hard against California's first anti-gerrymandering initiative, and only avoided torpedoing the second one because it still allowed gerrymandering for congressional districts.

More optimistic, and more likely, is a scenario of split state governments (governor/legislature from different parties). Combine split government with gerrymandered districts and you have a recipe for absolutely nothing happening since there's no incentive to compromise -- that's what it took for California to actually seriously consider electoral reform, and even then it took about 2 decades.

evilweasel
Aug 24, 2002

ShadowHawk posted:

When Democrats in California were in such a situation they still gerrymandered the hell out of the state. A side effect of incumbent gerrymandering was complete stagnation as moderates on either side had no hope of making it past primaries. There's a reason it took an initiative to change that system -- the legislature had no reason to vote themselves out of power.

Banning gerrymandering in California is unilateral disarmament. Doing it at the congressional level ends it for both sides. I don't favor abolishing gerrymandering in just blue states either.

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

If a big state university refused to rent space (which is ordinarily made available) to a speaker who, because of the inflammatory nature of his political message, would require security that would make the rental unprofitable, and if that decision were made because of that unprofitability, would that be a content-based state restriction on speech? My instinct would be that it isn't because the desire not to take losses on rentals is content-neutral but I could also see it the other way. Is there law on this?

qkkl
Jul 1, 2013

by FactsAreUseless

Ogmius815 posted:

If a big state university refused to rent space (which is ordinarily made available) to a speaker who, because of the inflammatory nature of his political message, would require security that would make the rental unprofitable, and if that decision were made because of that unprofitability, would that be a content-based state restriction on speech? My instinct would be that it isn't because the desire not to take losses on rentals is content-neutral but I could also see it the other way. Is there law on this?

Freedom of speech is in the constitution, the right to massive security schemes isn't. The university can only refuse to offer the extra security needed. It would then be up to the speaker to go or not depending on how much they value their speech vs. personal safety.

esquilax
Jan 3, 2003

qkkl posted:

Freedom of speech is in the constitution, the right to massive security schemes isn't. The university can only refuse to offer the extra security needed. It would then be up to the speaker to go or not depending on how much they value their speech vs. personal safety.

They additionally cannot charge a higher fee to make up for the cost of added security.

Forsyth County v. Nationalist Movement posted:

The costs to which petitioner refers are those associated with the public’s reaction to the speech. Listeners’ reaction to speech is not a content-neutral basis for regulation. See id., at 321 (opinion of O’Connor, J.); id., at 334 (opinion of Brennan, J.); Hustler Magazine, Inc. v. Falwell, 485 U. S. 46, 55-56 (1988); Murdock v. Pennsylvania, 319 U. S. 105, 116 (1943); cf. Schneider v. State (Town of Irvington), 308 U. S. 147, 162 (1939) (fact that city is financially burdened when listeners throw leaflets on the street does not justify restriction on distribution of leaflets). Speech cannot be financially *135 burdened, any more than it can be punished or banned, simply because it might offend a hostile mob.[12] See Gooding v. Wilson, 405 U. S. 518 (1972); Terminiello v. Chicago, 337 U. S. 1 (1949).

Platystemon
Feb 13, 2012

BREADS

qkkl posted:

Freedom of speech is in the constitution, the right to massive security schemes isn't. The university can only refuse to offer the extra security needed. It would then be up to the speaker to go or not depending on how much they value their speech vs. personal safety.

The speaker’s personal safety isn’t the only thing on the line.

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

Platystemon posted:

The speaker’s personal safety isn’t the only thing on the line.

Yeah I think you pretty much have to provide tightened security to keep students and the community at large safe. Which is too bad because basically it means that the university has to spend a bunch of money so some rear end in a top hat nobody likes can have a forum. Honestly I kind of think the jurisprudence on campus speakers is kind of dumb.

Dead Reckoning
Sep 13, 2011
The whole point of the First Amendment is to protect the right of assholes that nobody likes to say their piece.

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
Wait nobody invited Spencer to speak? And they still have to pay his fee?

How do I get in on this racket? I'll speak about all sorts of stuff

haveblue
Aug 15, 2005



Toilet Rascal

Hieronymous Alloy posted:

Wait nobody invited Spencer to speak? And they still have to pay his fee?

How do I get in on this racket? I'll speak about all sorts of stuff

No one who actually works for the university invited him, IIRC he was invited by a student group through proper channels and they had no ability to refuse.

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

Dead Reckoning posted:

The whole point of the First Amendment is to protect the right of assholes that nobody likes to say their piece.

But there shouldn't be some obligation to subordinate the educational mission of the public universities to that goal, which, practically speaking, is what that line of cases has lead to. The Nazis can say their dumb poo poo some other loving place. The university shouldn't have to face an all or nothing choice on renting their space just because they're a public school.

Dead Reckoning
Sep 13, 2011
Yeah, they should, because they shouldn't be in the business of deciding which opinions are and aren't worthy of expression.

Hieronymous Alloy posted:

Wait nobody invited Spencer to speak? And they still have to pay his fee?

How do I get in on this racket? I'll speak about all sorts of stuff

My understanding is that Spencer is the one paying the university a fee. But a fee no higher than anyone else.

The university has a venue that can be rented for events. A student group rents it for a Spencer speech. The university can't shut it down for content based reasons, so folks are floating the idea of charging him for the increased security costs that his unpopular and inflammatory rhetoric will inevitably require. Apparently this idea has been adjudicated before.

Dead Reckoning fucked around with this message at 19:58 on Oct 19, 2017

mortal
Oct 12, 2012

esquilax posted:

They additionally cannot charge a higher fee to make up for the cost of added security.

Limited public forum vs. public forum? I thought Berkeley had the right to charge security fees for Milo's appearance (in a lecture hall, as opposed to on the quad), and the main source of controversy was their opacity in how those fees were calculated.

Mr. Nice!
Oct 13, 2005

c-spam cannot afford



IIRC, it isn't a student body inviting him. It's a corporation that he owns that rents the space and books him.

And here the school is getting a half a million dollar bill from the state so snipers can be put on rooftops.

Evil Fluffy
Jul 13, 2009

Scholars are some of the most pompous and pedantic people I've ever had the joy of meeting.
This is what happens when America stops killing Nazis.

Star Phlatulence
Jan 14, 2006

by Cyrano4747
Bleak Gremlin
lmao wrong thread

p.s. gorsuch sucks and can't communicate for poo poo

Star Phlatulence fucked around with this message at 22:23 on Oct 19, 2017

Paracaidas
Sep 24, 2016
Consistently Tedious!

Mr. Nice! posted:

IIRC, it isn't a student body inviting him. It's a corporation that he owns that rents the space and books him.

And here the school is getting a half a million dollar bill from the state so snipers can be put on rooftops.

This is correct. If anyone wants to read far too many words on the topic: https://forums.somethingawful.com/showthread.php?noseen=0&threadid=3821460&perpage=40&pagenumber=4041#post477553985

Or, I mean, don't. Definitely don't.


sloppo posted:

p.s. gorsuch sucks and can't communicate for poo poo

Welcome to the thread, Justice Kagan!

Leaks have come out to NPR that Gorsuch "ticks off some members of the court—and [not] just the liberals." Totenberg backs it up by describing scenes from conference (where the 9 justices are in a room, alone, cast their votes and justify their opinions) where Kagan lights into Gorsuch. Even the Chief Justice is getting pissed at him evidently. This leads to my dream in which a Dem president is elected and Justice John Roberts channels Justice Owen Roberts in making a Switch in Time to Save Nine. Or more ideally, forcing Gorsuch out.

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Deteriorata
Feb 6, 2005

Paracaidas posted:

This is correct. If anyone wants to read far too many words on the topic: https://forums.somethingawful.com/showthread.php?noseen=0&threadid=3821460&perpage=40&pagenumber=4041#post477553985

Or, I mean, don't. Definitely don't.


Welcome to the thread, Justice Kagan!

Leaks have come out to NPR that Gorsuch "ticks off some members of the court—and [not] just the liberals." Totenberg backs it up by describing scenes from conference (where the 9 justices are in a room, alone, cast their votes and justify their opinions) where Kagan lights into Gorsuch. Even the Chief Justice is getting pissed at him evidently. This leads to my dream in which a Dem president is elected and Justice John Roberts channels Justice Owen Roberts in making a Switch in Time to Save Nine. Or more ideally, forcing Gorsuch out.

There's a decent chance Gorsuch goes the way of Abe Fortas. Gorsuch seems dumb and arrogant enough to think he can get away with stuff he actually can't.

Much appreciated your post in the Trump thread. I love legal arguments, although I have no training. Knowing exactly where the limits are and why they're there helps a lot in many situations. :tipshat:

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