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Torrannor
Apr 27, 2013

---FAGNER---
TEAM-MATE


I'm not sure the average voter cares about the DNC position, while the politically informed voters are far too invested in their party to let this once again super dumb Democrat position depress their turnout.

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Jarmak
Jan 24, 2005


Umm isn't this the obviously correct position? Am I missing something or wouldn't the only alternative to the yes voting dem be a yes voting republican?

CoffeeQaddaffi
Mar 20, 2009

Jarmak posted:

Umm isn't this the obviously correct position? Am I missing something or wouldn't the only alternative to the yes voting dem be a yes voting republican?

A no voting Democrat, maybe?

Mr. Nice!
Oct 13, 2005

c-spam cannot afford



joat mon posted:

No, marriage equality rests on additional and truly constitutionally foundational ground.
In addition to penumbral arguments, Marriage equality/Obergefell is more importantly based on Equal Protection, which the Griswold (contraception)/Roe(abortion)/Lawrence(non-procreative sex)/penumbral cases are not. Windsor (essentially the federal Obergefell) is even more strongly an Equal Protection case.

If you want to compare apples to apples, look to Loving v. Virginia (interracial marriage) you'll find Equal Protection. You won't find privacy or Griswold or penumbral rights in it. (To be fair, it predates Roe, but not Griswold)

The constitutionality of interracial marriage isn't going anywhere.* Neither is same-sex marriage.

*It is 2018, after all. Now that we've broken spades with it for a soon-to-be SCOTUS judge, perhaps the rest of the court will join the growing legions of the petulant "gently caress decorum/rules/reason/you/equal protection" horseshoe and decide to just burn it all down. If that happens, there will be far more troubling things to be doing/enduring than applying for marriage certificates at the courthouse and filing joint tax returns with the IRS - for couples of any color or sexual orientation.

Appreciate it, goat lawyer. I need to get better.

Best Friends
Nov 4, 2011

The idea is that in signalling the party has few if any core beliefs, you turn people away from the party overall. So basically the idea is you have Manchin only at a cost of more other Dem senators in purple states. I'm not sure if that's right but that's the idea. The other idea, and current prevailing wisdom, is anyone with a d by their name in a red state must be kept afloat at any cost to the party brand.

Jarmak
Jan 24, 2005

CoffeeQaddaffi posted:

A no voting Democrat, maybe?

primaries are over are they not?

boop the snoot
Jun 3, 2016

Jarmak posted:

primaries are over are they not?

Regardless, don’t voice your dogshit stance.

That seems pretty reasonable.

Casimir Radon
Aug 2, 2008


Kavanaugh says he'll continue to "cooperate". I can't wait for more "cooperation" faces.

Acebuckeye13
Nov 2, 2010
Ultra Carp

What the hell else is he supposed to say? "gently caress Joe Manchin and gently caress him specifically?"

Casimir Radon
Aug 2, 2008


Acebuckeye13 posted:

What the hell else is he supposed to say? "gently caress Joe Manchin and gently caress him specifically?"
Is it even within the realm of possibility to quietly position someone to primary Manchin in the near future?

Proud Christian Mom
Dec 20, 2006
READING COMPREHENSION IS HARD

Casimir Radon posted:

Is it even within the realm of possibility to quietly position someone to primary Manchin in the near future?

The only thing more horrific than losing a seat to the Republicans is losing it to someone to the left

Internet Wizard
Aug 9, 2009

BANDAIDS DON'T FIX BULLET HOLES

not caring here posted:

Wouldn't the FBI already be investigating this poo poo from a counter intel point of view? You wouldn't want a supreme court justice out there with someone holding dirt on him.

Yeah it would suck if there was somebody in a national office that was compromised in some way despite the FBI/intelligence community pointing it out.

Acebuckeye13
Nov 2, 2010
Ultra Carp

Casimir Radon posted:

Is it even within the realm of possibility to quietly position someone to primary Manchin in the near future?

If Ojeda wins and holds his seat for a few years than maybe, but otherwise I don't even know who in West Virginia you could even find that could even come close to beating Manchin, let alone winning in a statewide race. Someone did try to primary him this year, and only got 30% of the vote.

Eej
Jun 17, 2007

HEAVYARMS

Acebuckeye13 posted:

What the hell else is he supposed to say? "gently caress Joe Manchin and gently caress him specifically?"

Love to throw women under the bus for realpolitik

boop the snoot
Jun 3, 2016

Acebuckeye13 posted:

What the hell else is he supposed to say? "gently caress Joe Manchin and gently caress him specifically?"

Yes

Flying_Crab
Apr 12, 2002



Internet Wizard posted:

Yeah it would suck if there was somebody in a national office that was compromised in some way despite the FBI/intelligence community pointing it out.

:thunk:

https://twitter.com/heyitschili/status/1045718359713681408

:lol::lol::lol::lol::lol::lol::lol::lol:

Nostalgia4Infinity
Feb 27, 2007

10,000 YEARS WASN'T ENOUGH LURKING
throwing women under the bus to own the left

Sacrist65
Mar 24, 2007
Frunnkiss

Proud Christian Mom posted:

The only thing more horrific than losing a seat to the Republicans is losing it to someone to the left

Its West Virginia. Trump won it buy 40+ points. Romney won it by 25 points. The other senator from West Virginia, a republican, won by 30 points.

You will never get a democratic senator not named Joe Manchin in that state.

Casimir Radon
Aug 2, 2008


Manchin votes in line with Republicans 61% of the time. I guess that's slightly better than 100%

Eej
Jun 17, 2007

HEAVYARMS

Sacrist65 posted:

Its West Virginia. Trump won it buy 40+ points. Romney won it by 25 points. The other senator from West Virginia, a republican, won by 30 points.

You will never get a democratic senator not named Joe Manchin in that state.

Ok so you hand over a clip of you saying that you support a rapist through inaction and sour the voting population nationwide so you can protect one seat.

facialimpediment
Feb 11, 2005

as the world turns

Casimir Radon posted:

Manchin votes in line with Republicans 61% of the time. I guess that's slightly better than 100%

West Virginia ain't electing any other Democrat and all that matters is getting the total Democratic count to 51 after this election. That's the magic number for subpoenas, chairmanships, and agenda control. Manchin can do his thing as much as he wants so long as he's one of that 51. It's unlikely as hell already, drat near impossible if you alienate Manchin, who already almost took an administration position earlier.

It's already really obvious that he's not going to be a deciding vote on any of this stuff, but the moment Republicans lock up 50 on Kavanaugh, Manchin will happily join them and be 51.

my kinda ape
Sep 15, 2008

Everything's gonna be A-OK
Oven Wrangler
Maybe we've been thinking about this all wrong. If we're going to end up with an ultraconservative on the court either way then we should want him to be an alcoholic who will die early!

Soulex
Apr 1, 2009


Cacati in mano e pigliati a schiaffi!


Yes. This is why I love video editing.

M_Gargantua
Oct 16, 2006

STOMP'N ON INTO THE POWERLINES

Exciting Lemon

MA-Horus posted:

We still can't tell one dude because he will absolutely go to jail for beating him to within an inch of death.

The evil person didn't get charged even though there was video evidence, so why are you so sure your friend would go to jail?

Radical 90s Wizard
Aug 5, 2008

~SS-18 burning bright,
Bathe me in your cleansing light~

EBB posted:

Play nice children, daddy has a headache.

It could be a tumour :ohdear:

BigDave
Jul 14, 2009

Taste the High Country

Radical 90s Wizard posted:

It could be a tumour :ohdear:

IT'S NAHT A TOOMAH!

Stultus Maximus
Dec 21, 2009

USPOL May

Vasudus posted:

If the republicans have the floor votes then all the red state dems up for reelection will probably vote for them. It'll be 53-ish yeas. Because it wouldn't change the outcome, and the math for those dems isn't energizing your base to vote for you, it's to give the guys voting against you a reason to stay home.

McCaskill has declared herself a no.

Casimir Radon
Aug 2, 2008


Every time Ford and Kavanaugh dodged a question in one chart.

Belgian Waffle
Jul 31, 2006

That is a really good article, thank you.

Hexyflexy
Sep 2, 2011

asymptotically approaching one

Oh my god, I didn't realise you could click the thing and read the transcription.

joat mon
Oct 15, 2009

I am the master of my lamp;
I am the captain of my tub.

DoktorLoken posted:

I'm not a lawyer so explain the latter part to me.
Mann Act:
The Mann Act is generally, an example of how Congress can criminalize going across state lines to do something illegal. Specifically, it is an example of how Congress made interstate transport of "any woman or girl for the purpose of prostitution or debauchery, or for any other immoral purpose" illegal.

If you wanted to punish the participants in a underground railroad for reproductive rights, you could make a good argument that taking a woman from where abortion is illegal to where it is legal is an immoral purpose. The Federal courts rarely see overreach by the US Attorneys as a bad thing and would most likely follow the prosecutor's lead.

However, clearing up that ambiguity would be as (procedurally) simple as amending the Mann act to specifically include abortion - which might not be politically simple.

Chevron deference:
Another way to do it would be for the DoJ to declare that "immoral purpose" includes abortions.
"But wait," you might ask, "it's the legislature that decides what the law is, and it's the executive that enforces/executes those laws. DoJ is an agency of the executive, not the legislature. That's a separation of powers problem"
"On the other hand," as your civics teacher would want you to ask, "federal agencies are kind of the subject-matter experts of the laws they are required to execute, so shouldn't we listen more to them?"
This is the tension that a Supreme Court case called Chevron seeks to resolve. When courts interpret laws, how much should they defer to the subject matter experts in making that determination? There have been a good number of follow-on cases that have built up a decent amount of guidance on the issue, broadly called "Chevron deference." Lately, the courts have moved to giving federal agencies a huge amount of deference. This raises serious separation of powers issues for both the legislature and the judiciary - it's the legislature's job to write clear laws and to clarify them when necessary, and it's the judiciary's job to decide what a law says in the absence of such clarity.
What can happen is that the executive agencies take over the duties of the other two branches of government - legislating what the law is, and also declaring what it means if it's unclear. At its worst, Chevron deference forces a court to adopt an executive agency's interpretation of a law. That's pretty much the state of the law right now.

During the Obama administration, given the silence from Congress and lack of speed in the judiciary, the Department of Education declared that in Title IX of the Education Amendments of 1972, which prohibited discrimination based on sex, the word 'sex' included transgendered people. Using Chevron deference, the schools covered by Title IX and the courts ruling on the issue would have to defer to DoEd's new interpretation.
While that goal is laudable, the DoEd taking on the powers of the other two branches of government isn't because ... What if the executive changes and its 'subject matter experts' declare the law means otherwise? What if an executive you don't agree with wants to change laws without having Congress do their job or preventing the judiciary from doing theirs? Like, for example, declaring that abortion is an 'immoral purpose' under the Mann Act?

I think the tide is turning on the current level of extreme deference given to executive agencies, so things may be slowly improving. On the other hand, with the GOP in charge of all three branches and the accelerating regulatory capture of the executive agencies, why would they?

Caveats: Whoah, rambly. Also, not an expert on Chevron deference by any means.

Mr. Nice! posted:

Appreciate it, goat lawyer. I need to get better.
You're already better than any other newly-barred law-talker I know, plus I've been following this stuff since Bowers v. Hardwick (the case Lawrence overruled) came out.

Also, transitioning to rabbits from goats.

not caring here
Feb 22, 2012

blazemastah 2 dry 4 u
Yo my dudes, I don't think trump has tweeted anything for 24 hours, is he dead? Or are we all going to die?

The break from the constant drivel is unsettling.

Casimir Radon
Aug 2, 2008


not caring here posted:

Yo my dudes, I don't think trump has tweeted anything for 24 hours, is he dead? Or are we all going to die?

The break from the constant drivel is unsettling.
"I NEED TO TELL EVERYONE THAT WOMEN ARE WHORES AND THEY ALWAYS LIE!! AND I NEED TO DO IT NOOOOOW!"

"The phone repairman is working on it right now, he should be done in a few days."

"Fine!" *Sulks in corner

Mr. Nice!
Oct 13, 2005

c-spam cannot afford



My gal said joat is lawyer santa claus so that’s my permanent mental image.

Sergg
Sep 19, 2005

I was rejected by the:

I propose we refer to him as Injustice Kavanaugh for the entirety of his tenure at SCOTUS

Nostalgia4Infinity
Feb 27, 2007

10,000 YEARS WASN'T ENOUGH LURKING

not caring here posted:

Yo my dudes, I don't think trump has tweeted anything for 24 hours, is he dead?

inshallah

Third World Reagan
May 19, 2008

Imagine four 'mechs waiting in a queue. Time works the same way.
Ok, so who wants to start betting on the bad news of tomorrow. And maybe good news.

sharknado slashfic
Jun 24, 2011

not caring here posted:

Yo my dudes, I don't think trump has tweeted anything for 24 hours, is he dead? Or are we all going to die?

The break from the constant drivel is unsettling.

H'es preparing the phone alerts

Internet Wizard
Aug 9, 2009

BANDAIDS DON'T FIX BULLET HOLES

Trump ordered the FBI to conduct an investigation into Kavanaugh

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boop the snoot
Jun 3, 2016
https://twitter.com/realdonaldtrump/status/1045832351211835392?s=21

Reads like a commercial for the next season of Law & Order.

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