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Jun 27, 2018 15:07
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Much ado as Abood becomes nothing
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Jun 27, 2018 15:08
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Janus plus Masterpiece basically means we're in a new Lochner era, where the Supreme Court is weaponizing nonsensical constitutional interpretations - now, the First Amendment (but only for conservative speech and conservative christians) to block liberal legislation on the flimsiest of pretexts. There's not really any solution but court-packing anymore.
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Jun 27, 2018 15:11
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evilweasel posted:Janus plus Masterpiece basically means we're in a new Lochner era, where the Supreme Court is weaponizing nonsensical constitutional interpretations - now, the First Amendment (but only for conservative speech and conservative christians) to block liberal legislation on the flimsiest of pretexts. There's not really any solution but court-packing anymore. Sotomayor's one paragraph dissent echos your exact sentiments.
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Jun 27, 2018 15:12
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Mr. Nice! posted:Sotomayor's one paragraph dissent echos your exact sentiments. Justice Sotomayor, dissenting posted:I join JUSTICE KAGAN’s dissent in full. Although I joined the majority in Sorrell v. IMS Health Inc., 564 U. S. 552 (2011), I disagree with the way that this Court has since interpreted and applied that opinion. See, e.g., National Institute of Family and Life Advocates v. Becerra, ante, p. ___. Having seen the troubling development in First Amendment jurisprudence over the years, both in this Court and in lower courts, I agree fully with JUSTICE KAGAN that Sorrell—in the way it has been read by this Court—has allowed courts to “wiel[d] the First Amendment in . . . an aggressive way” just as the majority does today. Post, at 27.
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Jun 27, 2018 15:20
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So does this mean that cops can all stop paying dues?
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Jun 27, 2018 15:22
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evilweasel posted:Janus plus Masterpiece basically means we're in a new Lochner era, where the Supreme Court is weaponizing nonsensical constitutional interpretations - now, the First Amendment (but only for conservative speech and conservative christians) to block liberal legislation on the flimsiest of pretexts. There's not really any solution but court-packing anymore. Ah, I see that completing the destruction of our democratic institutions is now a bipartisan consensus. I'm not particularly interested in having an extended discussion on this, so I'll just simply say that I think maintaining the integrity and neutrality of democratic institutions like our Judiciary is far more important than any one, two, or twenty bad decisions. The fact that Republicans are weaponizing the courts does not mean that packing them in response will do anything other than signal the death of this union. (USER WAS PUT ON PROBATION FOR THIS POST)
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Jun 27, 2018 15:23
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The Iron Rose posted:Ah, I see that completing the destruction of our democratic institutions is now a bipartisan consensus. Our democratic institutions are useless if one side isn't allowed to pass laws when they win elections. Republicans have packed the courts with conservative ideologues who will reach for the flimsiest of legal pretexts to strike down laws that violate only their policy preferences; that is not a tolerable state of affairs.
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Jun 27, 2018 15:23
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The Iron Rose is being terrible again.evilweasel posted:Janus plus Masterpiece basically means we're in a new Lochner era, where the Supreme Court is weaponizing nonsensical constitutional interpretations - now, the First Amendment (but only for conservative speech and conservative christians) to block liberal legislation on the flimsiest of pretexts. There's not really any solution but court-packing anymore. I wonder if they'll go blatant enough to have two separate law books, one for regressives and one for everyone else.
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Jun 27, 2018 15:24
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The Iron Rose posted:Ah, I see that completing the destruction of our democratic institutions is now a bipartisan consensus. I'm glad SCOTUS is here to destroy what little hope we all had after AOC won last night.
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Jun 27, 2018 15:25
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The Iron Rose posted:Ah, I see that completing the destruction of our democratic institutions is now a bipartisan consensus. America is already dead. We're cheering as children are caged on our border. Our highest court is making anything up they can to justify supporting a partisan agenda. Congress has completely abdicated its duty for over 8 years now. The president is a stooge controlled by a hostile foreign government.
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Jun 27, 2018 15:26
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Taerkar posted:I wonder if they'll go blatant enough to have two separate law books, one for regressives and one for everyone else. Striking down the conviction in Masterpiece because you can look behind the application of a facially and actually neutral law based on a stray comment that could be misinterpreted as religious animus, while upholding the travel ban because even with overt religious animus if lawyers can craft a facially neutral explanation (even when everyone knows it is false), is already the two separate law books stage. The decisions were only a week or two apart!
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Jun 27, 2018 15:26
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Mr. Nice! posted:America is already dead. We're cheering as children are caged on our border. Our highest court is making anything up they can to justify supporting a partisan agenda. Congress has completely abdicated its duty for over 8 years now. The president is a stooge controlled by a hostile foreign government. America died in the civil war, and its zombie was destroyed in the new deal.
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Jun 27, 2018 15:27
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evilweasel posted:Striking down the conviction in Masterpiece because you can look behind the application of a facially and actually neutral law based on a stray comment that could be misinterpreted as religious animus, while upholding the travel ban because even with overt religious animus if lawyers can craft a facially neutral explanation (even when everyone knows it is false), is already the two separate law books stage. The decisions were only a week or two apart! Exactly. There only consistent thing is "conservatives win" regardless of the merit.
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Jun 27, 2018 15:27
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jesus christ:quote:The majority also suggests that it would be unconstitutional for a public employer to agree to a contract that gives union members a better deal than nonmembers. (Which is why imposing the duty of fair representation on the union is not a significant burden that justifies requiring nonmembers to pay fair share fees). this is blatant, even for alito
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Jun 27, 2018 15:28
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evilweasel posted:Striking down the conviction in Masterpiece because you can look behind the application of a facially and actually neutral law based on a stray comment that could be misinterpreted as religious animus, while upholding the travel ban because even with overt religious animus if lawyers can craft a facially neutral explanation (even when everyone knows it is false), is already the two separate law books stage. The decisions were only a week or two apart! Yes, but they haven't actually printed any books yet. I'm saying they might get that blatant.
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Jun 27, 2018 15:29
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Syzygy Stardust posted:America died in the civil war, and its zombie was destroyed in the new deal. Hays-Tilden election.
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Jun 27, 2018 15:29
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The Iron Rose posted:Ah, I see that completing the destruction of our democratic institutions is now a bipartisan consensus. the court is undemocratic.
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Jun 27, 2018 15:29
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How much longer until they declare taxes unconstitutional since it goes to fund politicians and is basically political speech? And avoiding free riders isn't a compelling interest to require either! lol
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Jun 27, 2018 15:30
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evilweasel posted:jesus christ: Is this Alito's equivalent of Roberts and the VRA?
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Jun 27, 2018 15:30
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https://twitter.com/dominicholden/status/1011979136817094664
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Jun 27, 2018 15:30
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hobbesmaster posted:So does this mean that cops can all stop paying dues? I'm sure that will be well received by the blue brotherhood. They will absolutely not use any sort of coercion or threat to ensure that the dues keep flowing.
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Jun 27, 2018 15:30
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Raldikuk posted:How much longer until they declare taxes unconstitutional since it goes to fund politicians and is basically political speech? And avoiding free riders isn't a compelling interest to require either! lol You presume that they would extrapolate their reasoning rather than completely reversing it from case to case based on their preferences, which we've seen is not the case over the past weeks.
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Jun 27, 2018 15:31
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Charging feed to non-members was the compromise made to restrict labor's ability to strike. That deal has now been rescinded. There should be a general strike in retaliation.
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Jun 27, 2018 15:32
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axeil posted:Charging feed to non-members was the compromise made to restrict labor's ability to strike. That deal has now been rescinded. There should be a general strike in retaliation. Ask air traffic controllers how that works.
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Jun 27, 2018 15:33
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The Iron Rose posted:Ah, I see that completing the destruction of our democratic institutions is now a bipartisan consensus. In a normal world I would agree with you. The issue is that modern conservative politicians are never acting in good faith and will continue to undermine democratic institutions without reservation until they completely destroy the ability of any progressive political movement to threaten their power. I think that it will only become more and more brazen.
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Jun 27, 2018 15:34
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Nobody can strike in the us because we're all destitute and paycheck to paycheck because the capital class won
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Jun 27, 2018 15:35
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pocket pool posted:In a normal world I would agree with you. The issue is that modern conservative politicians are never acting in good faith and will continue to undermine democratic institutions without reservation until they completely destroy the ability of any progressive political movement to threaten their power. I think that it will only become more and more brazen. It's absolutely going to be more brazen. Lower courts have already been packed and we're going to see states outlaw abortion and gay marriage protections in the next year or two.
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Jun 27, 2018 15:35
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The Slack Lagoon posted:Nobody can strike in the us because we're all destitute and paycheck to paycheck because the capital class won By importing illegal immigrants to lower our wages. Let’s build the wall, brothers!
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Jun 27, 2018 15:37
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Mr. Nice! posted:It's absolutely going to be more brazen. Lower courts have already been packed and we're going to see states outlaw abortion and gay marriage protections in the next year or two. Which courts had a bunch of seats added to facilitate this packing that already happened? Good for judicial efficiency and speeding up the appellate pipeline, I guess, but I can see why you’d be mad that a it happened now rather than during Obama’s administration.
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Jun 27, 2018 15:40
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The Iron Rose posted:Ah, I see that completing the destruction of our democratic institutions is now a bipartisan consensus. There's not actually a prize for being the most stoicly principled corpse in the mass grave.
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Jun 27, 2018 15:42
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That Clinic ruling sure reads a lot like "preventing fraud is Unconsitutional*" though the hypocrisy of the travel ban ruling so shortly after the bakery ruling makes me wonder how anyone who isn't a Trump-humping Nazi could see 5-4 rulings by the conservative wing as judicially legitimate. * only applies to lying to promote conservative causes. evilweasel posted:yeah but democrats aren't getting 67 votes in the senate anytime soon, let alone a comfortable buffer to lose a vote or two to decorum and norms The GOP was served real well by the fact that Obama was, ultimately, a huge loving coward. He could've forced confrontation over Garland, or Shelby County, or a slew of other things, but he didn't. Because he's a mediocre-at-best POTUS who looks amazing simply due to being sandwiched between two historically bad presidents. That Obama didn't force a showdown over Shelby County made it clear from the outset that he was never going to be more than passive-aggressive over the GOP stalling on Scalia's replacement. I hope history shits all over Obama because it's the least he deserves. It also doesn't help that the Dem leadership is garbage and people like Chuck Schumer would sooner support the GOP and literal Nazis due to  than the left of their own party.Sydin posted:So we're pretty much 100% confirmed that Janus vs. AFSCME is going to be a 5-4 conservative slam dunk with the widest possible ruling to gently caress over public unions forever, right? It's cute you're only worried about public unions. If their ruling doesn't attack unions in their entirety I'd be shocked. Hell, if it doesn't say "public sector unions are illegal" I'd be shocked. The only upside would be if LEO unions don't get an exemption and cops are made to realize that yes, they are just as disposable to the GOP as everyone else. evilweasel posted:The Civil War Amendments specifically gave Congress the power to enforce them because the Supreme Court could not be trusted. Worse, the Civil War Amendments were passed, you know, after the Civil War and passed while the South was still under military occupation and so acting as if Congress's power in this area is limited by ~state dignity~ is so stupid that it defies description. There was no justification whatsoever for Shelby v. Holder and not only was it a wrong decision, it was an intentionally lawless decision. There was a Democrat in the White House, and the proper course of action was for OBama to hold a presser stating that the SCOTUS's ruling would not be followed because they are constitutionally prohibited from making such a ruling and that Congress as the ultimate authority on the subject had already made their decision when they renewed the VRA. But that didn't happen. Because Obama is a worthless coward. Ultimately, the enforcement of the Shelby County decision is his fault. (And I'm sure there's enough lovely Democrats that they'd have supported impeachment even if he'd found his spine) Stultus Maximus posted:I'm sure that will be well received by the blue brotherhood. They will absolutely not use any sort of coercion or threat to ensure that the dues keep flowing. They can just steal directly from citizens with more civil forfeiture.
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Jun 27, 2018 15:42
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axeil posted:Charging feed to non-members was the compromise made to restrict labor's ability to strike. That deal has now been rescinded. There should be a general strike in retaliation. while ideal, please remember that general strikes are illegal and this is a country that is thoroughly in love with mass incarceration before judging unions for not doing so
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Jun 27, 2018 15:43
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Evil Fluffy posted:He could've forced confrontation over Garland, or Shelby County, or a slew of other things, but he didn't. Because he's a mediocre-at-best POTUS who looks amazing simply due to being sandwiched between two historically bad presidents. That Obama didn't force a showdown over Shelby County made it clear from the outset that he was never going to be more than passive-aggressive over the GOP stalling on Scalia's replacement. I hope history shits all over Obama because it's the least he deserves. Obama is a better than average president. The average president is pretty drat lovely.
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Jun 27, 2018 15:45
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Pretty angry that SCOTUS undermined Georgia’s attempts to improve America by cutting off Florida’s water.
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Jun 27, 2018 15:47
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UberJew posted:while ideal, please remember that general strikes are illegal and this is a country that is thoroughly in love with mass incarceration before judging unions for not doing so Everyone just "gets sick" mysteriously one day. And it's a real bad illness, probably won't be a week or so till they're back on their feet. Goal accomplished without anyone technically breaking the law.
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Jun 27, 2018 15:51
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Evil Fluffy posted:There was a Democrat in the White House, and the proper course of action was for OBama to hold a presser stating that the SCOTUS's ruling would not be followed because they are constitutionally prohibited from making such a ruling and that Congress as the ultimate authority on the subject had already made their decision when they renewed the VRA. i've heard people say this and i don't think people actually have thought it through at all. the VRA has to be enforced through the courts because it's about blocking laws that state governments pass. you can tell the supreme court to go gently caress itself and enforce its own legal rulings when it's trying to stop you from doing something, but you can't enforce the VRA without the court system unless you're willing to re-impose the occupation of the confederate states. obama absolutely should have campaigned harder against the supreme court's illegitimacy however
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Jun 27, 2018 15:55
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axeil posted:Everyone just "gets sick" mysteriously one day. And it's a real bad illness, probably won't be a week or so till they're back on their feet. Yes, I’m sure there won’t be any organizational electronic paper trail to find and support some indictments for false statements in addition to justification to fire everyone for an illegal strike.
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Jun 27, 2018 15:55
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evilweasel posted:i've heard people say this and i don't think people actually have thought it through at all. the VRA has to be enforced through the courts because it's about blocking laws that state governments pass. you can tell the supreme court to go gently caress itself and enforce its own legal rulings when it's trying to stop you from doing something, but you can't enforce the VRA without the court system unless you're willing to re-impose the occupation of the confederate states. Why did the VRA have to be set up to require preclearance only in specific jurisdictions anyway? Politics? State powers?
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Jun 27, 2018 16:02
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Zeeman posted:Why did the VRA have to be set up to require preclearance only in specific jurisdictions anyway? Politics? State powers? Northerners didn't want their racism interfered with.
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Jun 27, 2018 16:04
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