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Groovelord Neato
Dec 6, 2014


fascists are a paranoid fantasy of goons i say after living through starship troopers.

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FAUXTON
Jun 2, 2005

spero che tu stia bene

EXKYOOOZE ME

*demands everyone use a falsely narrow definition of fascist which presumably would have even excluded Salazar and Franco*

AGGGGH BEES
Apr 28, 2018

by LITERALLY AN ADMIN

FAUXTON posted:

EXKYOOOZE ME

*demands everyone use a falsely narrow definition of fascist which presumably would have even excluded Salazar and Franco*

Arn't you that guy that was advocating ethnically cleansing rural america via forcibly bussing up everyone and moving them to cities?

Harold Fjord
Jan 3, 2004

AGGGGH BEES posted:

Arn't you that guy that was advocating ethnically cleansing rural america via forcibly bussing up everyone and moving them to cities?

What about this makes it ethnic cleansing?

Silver2195
Apr 4, 2012

FAUXTON posted:

EXKYOOOZE ME

*demands everyone use a falsely narrow definition of fascist which presumably would have even excluded Salazar and Franco*

There are actual scholars of fascism who would in fact exclude Salazar, Franco, and Dollfuss, IIRC.

:goonsay:

FLIPADELPHIA
Apr 27, 2007

Heavy Shit
Grimey Drawer

Drone Jett posted:

Right, back then fascists actually existed instead of being the paranoid fantasies of goons.

How many of those fascists were able to openly steal a Supreme Court seat by denying a qualified nominee a confirmation process for nakedly partisan reasons? Oh, none?

Ok cool so your bullshit commentary is unnecessary.

Groovelord Neato
Dec 6, 2014


the guy who wrote a book about normal guys becoming genocidaires called mcconnell the gravedigger of american democracy so...

Drone Jett
Feb 21, 2017

by Fluffdaddy
College Slice

Midgetskydiver posted:

How many of those fascists were able to openly steal a Supreme Court seat by denying a qualified nominee a confirmation process for nakedly partisan reasons? Oh, none?

Yes, no fascists at any time in history have ever stolen a Supreme Court openly or otherwise, so we're good.

Evil Fluffy
Jul 13, 2009

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

Drone Jett posted:

Right, back then fascists actually existed instead of being the paranoid fantasies of goons.

Yeah it's not like we have a mentally unstable leader who's openly demonizing ethnic and religious groups, leading to an increase in violence against those groups by his batshit insane supporters, or putting highly vulnerable ethnic minorities in to concentration camps with substandard care or letting illness run rampant and unchecked there.


I mean, sure, if we had those things happening that'd be differently. But thankfully in the alternate reality you've brought us to those things don't exist.

Deteriorata
Feb 6, 2005

Evil Fluffy posted:

Yeah it's not like we have a mentally unstable leader who's openly demonizing ethnic and religious groups, leading to an increase in violence against those groups by his batshit insane supporters, or putting highly vulnerable ethnic minorities in to concentration camps with substandard care or letting illness run rampant and unchecked there.


I mean, sure, if we had those things happening that'd be differently. But thankfully in the alternate reality you've brought us to those things don't exist.

So voting matters and elections have consequences after all. Why didn't anyone tell me this?

Groovelord Neato
Dec 6, 2014


we don't have a functioning democracy.

Feral Integral
Jun 6, 2006

YOSPOS

Groovelord Neato posted:

we don't have a functioning documentary.

FLIPADELPHIA
Apr 27, 2007

Heavy Shit
Grimey Drawer

Drone Jett posted:

Yes, no fascists at any time in history have ever stolen a Supreme Court openly or otherwise, so we're good.

I'm not saying who is/isn't fascist. I'm saying the Court has changed since 1935. You can keep attempting to derail the thread by attempting to lure people into a disingenuous circle jerk where you repeatedly deny things/people are fascist, but no one is interested in that.

Lemming
Apr 21, 2008

Midgetskydiver posted:

I'm not saying who is/isn't fascist. I'm saying the Court has changed since 1935. You can keep attempting to derail the thread by attempting to lure people into a disingenuous circle jerk where you repeatedly deny things/people are fascist, but no one is interested in that.

I don't think you're gonna make a lot of headway with this guy

Drone Jett posted:

You must have some really sick moral inclinations if you thing acknowledging different genetic distributions of talents and behaviors among different populations calls for naziism. It probably just means saving a lot of wasted money on educational interventions. It’s not going to turn Appalachians into brahmins, Igbo into Yoruba, Irish into Englishmen, or Sephardim into Ashkenazi.

(USER WAS PUT ON PROBATION FOR THIS POST)

Name Change
Oct 9, 2005


Lemming posted:

I don't think you're gonna make a lot of headway with this guy

https://www.youtube.com/watch?v=B6mh45mA_JY

420 Gank Mid
Dec 26, 2008

WARNING: This poster is a huge bitch!

Lemming posted:

I don't think you're gonna make a lot of headway with this guy

quote:

You must have some really sick moral inclinations if you thing acknowledging different genetic distributions of talents and behaviors among different populations calls for naziism. It probably just means saving a lot of wasted money on educational interventions. It’s not going to turn Appalachians into brahmins, Igbo into Yoruba, Irish into Englishmen, or Sephardim into Ashkenazi.

:stonk:

FLIPADELPHIA
Apr 27, 2007

Heavy Shit
Grimey Drawer
Actually said "what the gently caress" aloud reading that post. Easiest ignore list decision I've ever made.

FAUXTON
Jun 2, 2005

spero che tu stia bene

Well I guess that settles what was up with the weird swipe about nazi semantics

Main Paineframe
Oct 27, 2010

Chuu posted:

This was more than eighty years ago. Every single politician serving at that time is literally dead.

There is absolutely no reason to think that the trajectory of a court packing bill in 2019 will be anything like it would have been in 1937, for better or worse. It's an interesting historical tidbit, but I don't understand why so many people are suggesting it has any predictive power when the political climate couldn't be more different.

If a political pushback against Supreme Court overreach doesn't end up going like it did in the late 1930s, then it'll eventually end up going like it did in the 1860s. Having wrecked its legitimacy with blatantly partisan overreaches that ultimately energized and emboldened the other side, the Court ended up too weak to contend with a powerful Congress which repeatedly overruled and changed the Court while overriding a number of then-major precedents. It took decades for Radical Republican power to weaken enough for the Court to start asserting itself and chipping away at the new legal landscape that had prevailed during Reconstruction.

FLIPADELPHIA
Apr 27, 2007

Heavy Shit
Grimey Drawer
I'd rather have an overly powerful Congress than an overly powerful Supreme Court. Only one of those is really subject to the consequences of their actions.

ErIog
Jul 11, 2001

:nsacloud:
The fact that so few SCOTUS justices have been impeached has done a lot of damage to the institution. You could probably say the same for presidents.

PIZZA.BAT
Nov 12, 2016


:cheers:


ErIog posted:

The fact that so few SCOTUS justices have been impeached has done a lot of damage to the institution. You could probably say the same for presidents.

:hmmyes: I’m stealing this take, thanks

Potato Salad
Oct 23, 2014

nobody cares


FAUXTON posted:

Well I guess that settles what was up with the weird swipe about nazi semantics

Basically my take too

"Huh, this guy is real sensitive about whether certain modern American political movements are fascist and/or Nazis, can't imagine why" :godwinning:

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

Since SCOTUS is out for the summer, can we talk about bad appeals court decisions?

https://twitter.com/bradheath/status/1170025501316001792?s=20

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

Kloaked00 posted:

Since SCOTUS is out for the summer, can we talk about bad appeals court decisions?

https://twitter.com/bradheath/status/1170025501316001792?s=20

Blame the Supreme Court because that seems like correct application of their qualified immunity jurisprudence to me.

Qualified immunity is hosed up son.

VitalSigns
Sep 3, 2011

Ogmius815 posted:

Blame the Supreme Court because that seems like correct application of their qualified immunity jurisprudence to me.

Qualified immunity is hosed up son.

No I'm still going to blame the judge who ruled stealing is legal if you're a cop

Rust Martialis
May 8, 2007

by Fluffdaddy

VitalSigns posted:

No I'm still going to blame the judge who ruled stealing is legal if you're a cop

Did they misapply the law?

FronzelNeekburm
Jun 1, 2001

STOP, MORTTIME

Rust Martialis posted:

Did they misapply the law?

To me, that reads like the heart of the debate over qualified immunity.

quote:

Previously, courts had applied a two-part test to determine whether a government official was entitled to qualified immunity. Under this test, a court first analyzed whether or not a government official had violated a constitutional right. If there was a violation of a constitutional right, then the court determines whether or not that constitutional right was clearly established.

In Pearson v. Callahan (2009), a Fourth Amendment search and seizure case, the Supreme Court provided that reviewing federal district courts could apply the “clearly established prong” first without deciding whether or not there was a violation of a constitutional right. Some legal commentators have criticized this approach, pointing out that it can slow the growth of constitutional law, because courts can bypass the first inquiry of whether there has been a constitutional violation.

So SCOTUS says courts can just ignore whether your Constitutional rights have been violated by the police if those rights haven't been "clearly established," but the courts would be clearly establishing those rights in rulings if they weren't ignoring whether people's Constitutional rights had been violated. You'd have to get a judge who really wants to crack down on cops to get the ruling that makes it possible to punish them.

Potato Salad
Oct 23, 2014

nobody cares


I love the insanity of a court not stepping in even for a dollar amount four times greater than American modal pre-tax income.

"Ugmhhhgh uhh there isn't a clear number on what precisely constitutes violation of your property/voting/civil rights, I rule in favor of the pigs / white supremacists / neo-Confederates who stole four years of your money / reduced your representation by more than half / say you can't get an abortion or gay marriage on this one"

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

VitalSigns posted:

No I'm still going to blame the judge who ruled stealing is legal if you're a cop

Except that isn’t what he ruled. He ruled that there wasn’t case law clearly establishing that stealing property during a search was a violation of the Fourth Amendment, which appears to be correct. Thus your beef is with the court that fashioned the contours of the qualified immunity doctrine, not the trial court bound to follow those contours.

Ogmius815 fucked around with this message at 14:36 on Sep 7, 2019

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

Ogmius815 posted:

Except that isn’t what he ruled. He ruled that there wasn’t case law clearly establishing that stealing property during a search was a violation of the Fourth Amendment, which appears to be correct. Thus your beef is with the court that fashioned the contours of the qualified immunity doctrine, not the trial court bound to follow those contours.

That's because it's clearly established by the actual text of the Fourth Amendment.

quote:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

The ruling is indefensible from every angle.

Harold Fjord
Jan 3, 2004
I'm sure they have some sort of twisted argument about seizure under color of law vs theft.

Evil Fluffy
Jul 13, 2009

Scholars are some of the most pompous and pedantic people I've ever had the joy of meeting.
A country whose government (and no small number of citizens) endorses if not encourages law enforcement to abuse civil forfeiture also supports cops when they drop all pretense and just steal poo poo during a legal search? :monocle:

FlamingLiberal
Jan 18, 2009

Would you like to play a game?



So when does SCROTUS come back to ruin our future, October?

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

Hieronymous Alloy posted:

That's because it's clearly established by the actual text of the Fourth Amendment.


The ruling is indefensible from every angle.

I don’t disagree that the Fourth amendment does prohibit that conduct, but that isn’t how qualified immunity works. It isn’t enough that the defendant violated the plaintiff’s constitutional rights, there basically needs to be a SCOTUS case or a large collection of CoA cases that are directly or almost directly on point making the constitutional violation clear.

Stickman
Feb 1, 2004

I fail to see how that's anything but a catch-22 that ends in "police(/government employees) do whatever the gently caress they want, and maybe we'll arbitrarily decide to do something about it".

Kazak_Hstan
Apr 28, 2014

Grimey Drawer
I think QI or something like it is necessary but come the gently caress on.

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

Kazak_Hstan posted:

I think QI or something like it is necessary but come the gently caress on.

Yes pretty much.

Zoran
Aug 19, 2008

I lost to you once, monster. I shall not lose again! Die now, that our future can live!
The standard presupposes that cops keep up with American case law but are ignorant of the constitution and of the criminal statutes that they theoretically enforce. This is idiotic.

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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

Ogmius815 posted:

I don’t disagree that the Fourth amendment does prohibit that conduct, but that isn’t how qualified immunity works. It isn’t enough that the defendant violated the plaintiff’s constitutional rights, there basically needs to be a SCOTUS case or a large collection of CoA cases that are directly or almost directly on point making the constitutional violation clear.

That's current case law, yes, but current case law is obvious bullshit only justifiable by motivated reasoning.

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