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
Potato Salad
Oct 23, 2014

nobody cares


Who is ready to watch the Senate judicially immunize the Trump family from all criminal liability?

I'm pumped.

Adbot
ADBOT LOVES YOU

WhiskeyJuvenile
Feb 15, 2002

by Nyc_Tattoo
The consequences of today's decision are not difficult to predict, and promise to be harmful. So-called "urban renewal" programs provide some compensation for the properties they take, but no compensation is possible for the subjective value of these lands to the individuals displaced and the indignity inflicted by uprooting them from their homes. Allowing the government to take property solely for public purposes is bad enough, but extending the concept of public purpose to encompass any economically beneficial goal guarantees that these losses will fall disproportionately on poor communities.

Kelo v. New London, 545 U.S. 469, 521 (2005) (Thomas, J., dissenting).

The corollary of that principle is that human dignity cannot be taken away by the government. Slaves did not lose their dignity (any more than they lost their humanity) because the government allowed them to be enslaved. Those held in internment camps did not lose their dignity because the government confined them. And those denied governmental benefits certainly do not lose their dignity because the government denies them those benefits. The government cannot bestow dignity, and it cannot take it away.

Obergefell v. Hodges, 576 U.S. ___ (2015) (slip op. at 17) (Thomas, J., dissenting)

hobbesmaster
Jan 28, 2008

Thomas probably has a very peculiar definition of dignity just like he has peculiar definitions for everything else.

Brute Squad
Dec 20, 2006

Laughter is the sun that drives winter from the human race

Crossposted from the GIP CE thread. Future fun!

FilthyImp
Sep 30, 2002

Anime Deviant
Emoluments should be a little broader than bribes, but at least pissbaby gets a rageboner because someone ruled against him.

Brute Squad
Dec 20, 2006

Laughter is the sun that drives winter from the human race

FilthyImp posted:

Emoluments should be a little broader than bribes, but at least pissbaby gets a rageboner because someone ruled against him.

The judge agrees.

quote:

For the reasons that follow, the Court determines that Plaintiffs have convincingly argued that the term “emolument” in both the Foreign and Domestic Emoluments Clauses, with slight refinements that the Court will address, means any “profit,” “gain,” or “advantage” and that accordingly they have stated claims to the effect that the President, in certain instances, has violated both the Foreign and Domestic Clauses. The Court DENIES the Motion to Dismiss in that respect.

Evil Fluffy
Jul 13, 2009

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

Brute Squad posted:

The judge agrees.

So would the Founders. The emoluments clause exists because they didn't want a POTUS putting the nation's interest secondary to their own self-enrichment by selling out the country to other countries (among other things).

Potato Salad
Oct 23, 2014

nobody cares


Actually I think you will find that the founders would not have REGULATED a successful BUSINESSMAN and PATRIOT 🇺🇲🎆🎖️🇺🇲 , and furthermore

FilthyImp
Sep 30, 2002

Anime Deviant

Potato Salad posted:

Actually I think you will find that the founders would not have REGULATED a successful BUSINESSMAN and PATRIOT 🇺🇲🎆🎖️🇺🇲 , and furthermore
I never quite got that patriot bit about the founders since they were literal insurrectionists.

Taerkar
Dec 7, 2002

kind of into it, really

They were so patriotic that they rebelled and created the country they loved so much. And then they were forced to make a less States Rights form, probably because of liberals.

Potato Salad
Oct 23, 2014

nobody cares


Taerkar posted:

They were so patriotic that they rebelled and created the country they loved so much. And then they were forced to make a less States Rights form, probably because of liberals.

See, the framers who realized that a federation of mostly-independent states was working so poorly that they commissioned another Continental Congress to...wait... Listen I'm relatively certain the framers wouldn't have wanted X, okay?

Raenir Salazar
Nov 5, 2010

College Slice
Is there a Republican talking point making the rounds that Democrats didn't request as many documents from Kagan?

FAUXTON
Jun 2, 2005

spero che tu stia bene

Raenir Salazar posted:

Is there a Republican talking point making the rounds that Democrats didn't request as many documents from Kagan?

Probably, but how long was Kagan solicitor general and how many real hosed up decisions was she a part of?

FronzelNeekburm
Jun 1, 2001

STOP, MORTTIME

FAUXTON posted:

Probably, but how long was Kagan solicitor general and how many real hosed up decisions was she a part of?

Politico posted:

White House counsel Bob Bauer indicated in a letter last month that Kagan’s work as a lawyer and policy adviser for President Bill Clinton generated about 160,000 pages of material, including 80,000 pages of paper documents and 79,000 pages of e-mails sent or received.

[...]
White House officials have said President Barack Obama has no plans to invoke executive privilege and withhold any of the documents, though some related to national security issues or containing private information about individuals may be withheld in accordance with past practice.

The Senate has (or will receive) over a million pages of documents from Kavanaugh's time on the bench, but Republicans have been doing their darnedest to block access to documents from his time as Bush's staff secretary. They have released 5,800 pages from that period. There could be more, but Republicans are going to push ahead with the confirmation vote in September, a month-ish before the National Archive will be able to produce all of those documents.

It looks like Kavanaugh was more involved with Bush's torture program than he testified about in 2006, too.

FronzelNeekburm fucked around with this message at 16:14 on Aug 12, 2018

Orange Devil
Oct 1, 2010

Wullie's reign cannae smother the flames o' equality!
Well it makes sense that you'd want war criminals in all three branches of government.

skaboomizzy
Nov 12, 2003

There is nothing I want to be. There is nothing I want to do.
I don't even have an image of what I want to be. I have nothing. All that exists is zero.
wrong thread

skaboomizzy fucked around with this message at 09:59 on Aug 13, 2018

FAUXTON
Jun 2, 2005

spero che tu stia bene

FronzelNeekburm posted:

The Senate has (or will receive) over a million pages of documents from Kavanaugh's time on the bench, but Republicans have been doing their darnedest to block access to documents from his time as Bush's staff secretary. They have released 5,800 pages from that period. There could be more, but Republicans are going to push ahead with the confirmation vote in September, a month-ish before the National Archive will be able to produce all of those documents.

It looks like Kavanaugh was more involved with Bush's torture program than he testified about in 2006, too.

:thejoke: was that Kagan's documentary record was an infinitesimal fraction of Kavanaugh's and doesn't include advocating torture.

Mr. Nice!
Oct 13, 2005

c-spam cannot afford



Masterpiece Cake is back in the news as the owner is battling the state after he was fined for violating colorado’s anti-discrimination statutes for refusing to bake a cake to celebrate someone’s transition. Colorado governor expects it will probably be appealed to the supreme court again.

moths
Aug 25, 2004

I would also still appreciate some danger.



I like that this time everybody knows to be super polite and not hurt his pwecious wittle feelings.

Slaan
Mar 16, 2009



ASHERAH DEMANDS I FEAST, I VOTE FOR A FEAST OF FLESH
And then "in a 5-4 decision" the court held that "lol gently caress you libs"

PT6A
Jan 5, 2006

Public school teachers are callous dictators who won't lift a finger to stop children from peeing in my plane

Mr. Nice! posted:

Masterpiece Cake is back in the news as the owner is battling the state after he was fined for violating colorado’s anti-discrimination statutes for refusing to bake a cake to celebrate someone’s transition. Colorado governor expects it will probably be appealed to the supreme court again.

Man, I think we deserve confirmation that this motherfucker has actually baked a cake on more than one occasion. Is it possible he just pretends to be a baker? :v:

FlamingLiberal
Jan 18, 2009

Would you like to play a game?



Slaan posted:

And then "in a 5-4 decision" the court held that "lol gently caress you libs"
Well last time Kennedy’s opinion boiled down to”Guyyyyysss, stop being mean to the bigots!”

ilkhan
Oct 7, 2004

I LOVE Musk and his pro-first-amendment ways. X is the future.

Slaan posted:

And then "in a 5-4 decision" the court held that "lol gently caress you libs"
The last ruling was strictly about CO deliberately going after him. If they take this repeat as an afront the ruling will be far more broad this time.

qkkl
Jul 1, 2013

by FactsAreUseless
I always thought that the first cake ruling was basically declaring a mistrial, so this second trial seems pretty inevitable if the baker didn't get the hint and kept denying cakes to protected classes.

moths
Aug 25, 2004

I would also still appreciate some danger.



They also desperately wanted to avoid making any actual ruling on the core issue, but he was dumb enough to push it.

VitalSigns
Sep 3, 2011

ilkhan posted:

The last ruling was strictly about CO deliberately going after him. If they take this repeat as an afront the ruling will be far more broad this time.

CO didn't go after him since the ruling happened, he's suing over another instance in 2017 when the CCRC ruled he had violated the ordnance by refusing service to a transwoman.

moths posted:

I like that this time everybody knows to be super polite and not hurt his pwecious wittle feelings.

Unfortunately this is over something that happened a year ago so if someone on the CCRC ever said "wow what an rear end in a top hat" be prepared for another 5-4 "yes of course states can outlaw discrimination, just not any specific instance of it" decision

E: Wait poo poo I forgot Kennedy is gone, they'll probably take the opportunity to overturn Brown v Board

VitalSigns fucked around with this message at 16:24 on Aug 16, 2018

FronzelNeekburm
Jun 1, 2001

STOP, MORTTIME
Yeah, with Kennedy, they at least had to tiptoe around and pretend they cared about being nice. With Kavanaugh, they'll just declare transgender people unprotected and give the baker the thumbs up.

evilweasel
Aug 24, 2002

FronzelNeekburm posted:

Yeah, with Kennedy, they at least had to tiptoe around and pretend they cared about being nice. With Kavanaugh, they'll just declare transgender people unprotected and give the baker the thumbs up.

not quite what the case is about

colorado declared transgender people protected. the baker wants an exemption to that law if he attests that his christian faith requires him to break the law so it shouldn't apply to him. this exemption will not extend to non-christians of course.

Main Paineframe
Oct 27, 2010
On the one hand, the person he refused to sell the cake to was a lawyer, and the cake he refused to bake was a very simple one: the plaintiff just wanted a cake with a blue outside and a pink inside. So it's likely to be a good test case.

On the other hand, it happened before the Supreme Court ruling, so it's possible that someone on the Colorado commission said something not nice and bombed the whole case already.

Zeeman
May 8, 2007

Say WHAT?! You KNOW that post is wack, homie!

Main Paineframe posted:

On the one hand, the person he refused to sell the cake to was a lawyer, and the cake he refused to bake was a very simple one: the plaintiff just wanted a cake with a blue outside and a pink inside. So it's likely to be a good test case.

On the other hand, it happened before the Supreme Court ruling, so it's possible that someone on the Colorado commission said something not nice and bombed the whole case already.

He's going to try to characterize it as a "gender transition" cake, and the Court will say there's no cis equivalent to this type of cake, so you can't say he's discriminating by providing one but not the other.
He's also claiming that the person that requested the cake was basically trolling him, including making this request:

quote:

I’m thinking a three-tiered white cake. Cheesecake frosting. And the topper should be a large figure of Satan, licking a 9” black Dildo. I would like the dildo to be an actual working model, that can be turned on before we unveil the cake. I can provide it for you if you don’t have the means to procure one yourself.
Which is hilarious, but also could make it easy for the Court to say that this wasn't in good faith

The complaint is here, btw: http://www.adfmedia.org/files/MasterpieceCakeshopComplaint.pdf

VitalSigns
Sep 3, 2011

FronzelNeekburm posted:

Yeah, with Kennedy, they at least had to tiptoe around and pretend they cared about being nice. With Kavanaugh, they'll just declare transgender people unprotected and give the baker the thumbs up.

Transgendered people are already unprotected by the constitution (although there's an interesting argument that anti-trans discrimination would fall under gender discrimination provisions in the CRA, not like that argument would have a chance in this court tho), any broad ruling against CO's state antidiscrimination law would be some bullshit about how the constitution doesn't simply leave protection of LGBT people up to the legislature, but actually forbids state or federal governments from passing laws to protect them because something something freedom of religion.

Which means my quip about overturning Brown v Board was incorrect, should have said overturning Heart of Atlanta Motel.


Zeeman posted:

He's going to try to characterize it as a "gender transition" cake, and the Court will say there's no cis equivalent to this type of cake, so you can't say he's discriminating by providing one but not the other.
He's also claiming that the person that requested the cake was basically trolling him, including making this request:

Which is hilarious, but also could make it easy for the Court to say that this wasn't in good faith

The complaint is here, btw: http://www.adfmedia.org/files/MasterpieceCakeshopComplaint.pdf

Oh that's hilarious but that's a different cake requested by someone who was trolling him, not the cake requested by the transwoman in question which was a simple blue and pink cake

VitalSigns
Sep 3, 2011

Zeeman posted:

He's going to try to characterize it as a "gender transition" cake, and the Court will say there's no cis equivalent to this type of cake, so you can't say he's discriminating by providing one but not the other.

How would one distinguish between this situation and say "well it's not religious discrimination because I wouldn't make a bar mitzvah cake for non-Jews either"

Zeeman
May 8, 2007

Say WHAT?! You KNOW that post is wack, homie!

VitalSigns posted:

Transgendered people are already unprotected by the constitution (although there's an interesting argument that anti-trans discrimination would fall under gender discrimination provisions in the CRA, not like that argument would have a chance in this court tho), any broad ruling against CO's state antidiscrimination law would be some bullshit about how the constitution doesn't simply leave protection of LGBT people up to the legislature, but actually forbids state or federal governments from passing laws to protect them because something something freedom of religion.

Which means my quip about overturning Brown v Board was incorrect, should have said overturning Heart of Atlanta Motel.


Oh that's hilarious but that's a different cake requested by someone who was trolling him, not the cake requested by the transwoman in question which was a simple blue and pink cake

Oh you're right, he throws that into a list of cakes that he thinks that she requested, but there's no indication that it would have been her that requested that cake

FilthyImp
Sep 30, 2002

Anime Deviant

Zeeman posted:

He's going to try to characterize it as a "gender transition" cake, and the Court will say there's no cis equivalent to this type of cake, so you can't say he's discriminating by providing one but not the other.
A misdirection Gender Reveal cake for a Baby Shower should be pretty similar.

"I want a pink cake but the inside should be blue and then the balloons drop that say 'It's a boy!"

Evil Fluffy
Jul 13, 2009

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

Mr. Nice! posted:

Masterpiece Cake is back in the news as the owner is battling the state after he was fined for violating colorado’s anti-discrimination statutes for refusing to bake a cake to celebrate someone’s transition. Colorado governor expects it will probably be appealed to the supreme court again.

A 5-4 decision with Kennedy's replacement is going to find that icky gays aren't people and the government isn't allowed to not let people hate or discriminate against gays for being gays because Jesus would totally do the same (he wouldn't, but facts aren't important).

qkkl posted:

I always thought that the first cake ruling was basically declaring a mistrial, so this second trial seems pretty inevitable if the baker didn't get the hint and kept denying cakes to protected classes.

The first ruling was the conservative wing using an utterly shameless excuse to not rule against the bigot, despite ruling in favor of the Muslim ban when Trump and the GOP were on record for the things that the GOP wanted to pretend existed for the Masterpiece case.

This case, if taken before the SCOTUS, has a better chance of ruling that (white, christian) religious discrimination (against minorities and LGBT) in business is protected by the First Amendment than they do of ruling against this lovely bigot. There's absolutely zero chance of the GOP ever acknowledging that "we discriminate because Jesus would want it" is heresy either, because that would acknowledge that the right wing push towards theocracy is just a ruse for wanting white christian domination.

Slaan
Mar 16, 2009



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

ilkhan posted:

The last ruling was strictly about CO deliberately going after him. If they take this repeat as an afront the ruling will be far more broad this time.

Absolutely. But that was to get Kennedy to sign off on it. The result was too narrow and punty to be otherwise. With Kavanaugh? I think they'll make an actual holding- against the transgender person.

ilkhan
Oct 7, 2004

I LOVE Musk and his pro-first-amendment ways. X is the future.

Slaan posted:

Absolutely. But that was to get Kennedy to sign off on it. The result was too narrow and punty to be otherwise. With Kavanaugh? I think they'll make an actual holding- against the transgender person.
Wasn't the last one 7-2? Or am I mis-remembering?

Groovelord Neato
Dec 6, 2014


more like religious fib-erty.

Main Paineframe
Oct 27, 2010

Zeeman posted:

He's going to try to characterize it as a "gender transition" cake, and the Court will say there's no cis equivalent to this type of cake, so you can't say he's discriminating by providing one but not the other.
He's also claiming that the person that requested the cake was basically trolling him, including making this request:

Which is hilarious, but also could make it easy for the Court to say that this wasn't in good faith

The complaint is here, btw: http://www.adfmedia.org/files/MasterpieceCakeshopComplaint.pdf

Of course he's going to try to characterize it as a "gender transition" cake. But what she asked for was a cake that was one color on the outside and a second color on the inside. He's going to have to work real hard to convince anyone that a two-color cake is an inherently transgender message, and that he wouldn't make one for anyone regardless of gender status.

Adbot
ADBOT LOVES YOU

qkkl
Jul 1, 2013

by FactsAreUseless
They're going to rule that since the Constitution says nothing about LGBT rights then the 1st Amendment trumps the rights of LGBT people. A liberal court might rule that the "life, liberty, and property" clause trumps the religious freedom clause. If the former does happen we might actually see a new Amendment get ratified.

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