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Platystemon
Feb 13, 2012

BREADS

Peaceful Anarchy posted:

Another curiosity:

n being 4 rather than 3 makes the weightings more within the range of weightings I would have expected.

You know what they say.

If you ask three enbies what they think of Americans for Prosperity v. Bonta, you’ll get four opinions. :v:

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Stickman
Feb 1, 2004

Yeah, it seems like there's clearly 4 responses in the "Another Gender" category so it's strange that they are claiming that n=3. Also 30 + 26 = 56 so it looks more like there were two responses in the "Never heard of" category for Alito. As you say, though, it's pretty bad form to report estimates with such a small sample size.

It's possible for weights to vary by quite a bit, but they did trim the final 3rd and 97th percentile to avoid anything too ridiculous!

Stickman fucked around with this message at 04:27 on Aug 8, 2021

Some Guy TT
Aug 30, 2011
Probation
Can't post for 3 hours!
https://twitter.com/fineout/status/1424533666894602242

Slaan
Mar 16, 2009



ASHERAH DEMANDS I FEAST, I VOTE FOR A FEAST OF FLESH
Overturned in the shadow docket in five... Four... Three...

FAUXTON
Jun 2, 2005

spero che tu stia bene

whoops turns out Woolworths doesn't want unvaccinated customers at the lunch counter

Nitrousoxide
May 30, 2011

do not buy a oneplus phone



Vaccination status is going to become a protected class at the end of this. I can feel it in my bones.

Some Guy TT
Aug 30, 2011
Probation
Can't post for 3 hours!

FAUXTON posted:

whoops turns out Woolworths doesn't want unvaccinated customers at the lunch counter

You jest but from what I can tell of vaccination demographics African-Americans are a low enough proportion of the vaccinated population compared to other races that under the liberal interpretation of the Voting Rights Act restrictions against unvaccinated people could technically qualify as a civil rights violation despite this obviously not being the intent of such regulations.

VitalSigns
Sep 3, 2011

Nitrousoxide posted:

Vaccination status is going to become a protected class at the end of this. I can feel it in my bones.
5-4
Vaccination cards discriminate against people on the basis of political preference, and political affiliation discrimination is unconstitutional in every sphere except voting and redistricting

Evil Fluffy
Jul 13, 2009

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

VitalSigns posted:

5-4
Vaccination cards discriminate against people on the basis of political preference, and political affiliation discrimination is unconstitutional in every sphere except voting and redistricting

Bold of you to think that'd be 5-4 and not 6-3.

VitalSigns
Sep 3, 2011

Some Guy TT posted:

You jest but from what I can tell of vaccination demographics African-Americans are a low enough proportion of the vaccinated population compared to other races that under the liberal interpretation of the Voting Rights Act restrictions against unvaccinated people could technically qualify as a civil rights violation despite this obviously not being the intent of such regulations.
Would be interesting to see how the conservative supreme court majority justifies using disparate impact but only this one time and nowhere else.

I feel like if Scalia were still alive you'd get him to write the opinion because he loved doing that Fox News grandpa "by your logic libs" stuff when it suited him, without even bothering to pretend to be consistent.

See him loving an expansive interpretation of the commerce clause with all the implied powers you could possibly want but only for the devil's lettuce

VitalSigns
Sep 3, 2011

Evil Fluffy posted:

Bold of you to think that'd be 5-4 and not 6-3.

Roberts would join the liberals for the optics and his approval ratings would diverge another +10D -1,000R

Slaan
Mar 16, 2009



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

VitalSigns posted:

Roberts would join the liberals for the optics and his approval ratings would diverge another +10D -1,000R

This, basically

Some Guy TT
Aug 30, 2011
Probation
Can't post for 3 hours!
https://mobile.twitter.com/ReutersLegal/status/1424812725998292993

Some Guy TT
Aug 30, 2011
Probation
Can't post for 3 hours!
https://mobile.twitter.com/RonFilipkowski/status/1425172227004186644

Some Guy TT
Aug 30, 2011
Probation
Can't post for 3 hours!
https://mobile.twitter.com/kyledcheney/status/1424896677434036230

Some Guy TT
Aug 30, 2011
Probation
Can't post for 3 hours!
https://mobile.twitter.com/ReutersLegal/status/1425211604203835393

Stickman
Feb 1, 2004


quote:

The CTA in its lawsuit said AB5 will harm trucking companies by forcing them to purchase and maintain fleets of trucks and provide drivers with meal and rest breaks and other benefits afforded to employees.

One of my favorite things about these lawsuits is seeing companies have to list all their abuses and argue that they are good things, actually. My least favorite is the courts agreeing with them!

Javid
Oct 21, 2004

:jpmf:
The issue with AB5 is that the contractor owner/op model is an extremely normal and voluntary thing in the trucking industry which has operated for decades.

Nobody is forced to contract. Long haul trucking loving sucks and there are far more jobs than interested drivers. Anyone who WANTS to work as a trucker and hasn't flattened a pedestrian in front of witnesses in this decade can be directly employed for miles + benefits for as long as they can stand whatever company they're with and keep passing random drug tests.

Independent owner/ops make up a significant plurality of truckers on the road. The net effect of declaring that long-standing business model verboten is that that many less truckers are going to be able to work in california, which just fucks over the truckers and everyone else in the supply chain while benefiting no one, except the recipients of political points for Doing Something

Sanguinia
Jan 1, 2012

~Everybody wants to be a cat~
~Because a cat's the only cat~
~Who knows where its at~

Gee, I wonder if the trucking industry being exploitative as hell is part of the reason WHY people don't want to be in it and there's a lot of unfilled jobs, and if maybe if they were required to treat them like employees with things like mandated benefits and breaktimes and if the company had to own and maintain the trucks rather than the individual workers that might make the job more attractive?

Javid
Oct 21, 2004

:jpmf:
You're literally describing how the majority of the industry already works. Only the guys who have specifically opted out on purpose are contractors, and they're still allowed to use the showers and bathrooms at the trucking company yards and get the same breaks as the employees (because those are already mandated by federal law, even). They just don't get benefits like free repairs, towing, and health insurance (because the company pays them a shitload more money instead), not to mention handling permits and tickets for 50 states and 5 billion different jurisdictions, and all the other back-end paperwork that trucking companies just handle for you as an employee driver

Yes, the trucking industry is horrible, and there are fifteen laws they could pass that would ACTUALLY help the drivers lead less stressful and lovely lives. Hamfistedly banning owner/op contracting in trucking because uber is abusing it is going to do nothing but force truckers into bankruptcy because it's illegal to hire them.

Javid fucked around with this message at 04:41 on Aug 11, 2021

Platystemon
Feb 13, 2012

BREADS
Why did the Teamsters come to the law’s defense?

Platystemon fucked around with this message at 04:42 on Aug 11, 2021

Qtotonibudinibudet
Nov 7, 2011



Omich poluyobok, skazhi ty narkoman? ya prosto tozhe gde to tam zhivu, mogli by vmeste uyobyvat' narkotiki
AB 5 is notoriously poorly-drafted and can't even serve its stated purpose cause Uber and friends managed to buy an amendment to the state constitution. Its entire history has basically just been every group getting its own industry-specific carve-outs.

This of all things, where it's an industry that is all interstate commerce by its nature and has existing federal regulation, seems a really odd place for federal court to hold that the CA law is supreme, but w/e, idk about the details and don't have a Westlaw account to see.

Javid
Oct 21, 2004

:jpmf:

Platystemon posted:

Why did the Teamsters come to the law’s defense?

I honestly have no idea, but I'd guess the weird niche of guys that go contractor in trucking aren't likely to join a union so they don't give a poo poo about them / actively want to see competition squashed. Neither of my long term gigs have been union so I don't know how common it is in the industry. I was just a regular employee with benefits and all the stuff being argued about. The industry is just doing that already, probably because of gigantic federal scrutiny that already exists. If you want to drive as an IC you have to pull $100-250,000 out of your rear end to own a truck OR be a well-earning driver for a company for a long enough time to qualify for their financing on a used fleet truck. The only way you're there and don't want to be there is if you DID want to be there and now realize it sucks.

Like there are definitely guys who do it and lose their rear end because they were not mentally prepared for the amount of paperwork you have to do, and the companies could do a better job of screening those guys out / actively counseling them to prevent it, but it's by no means the default position you are forced into if you want to work at all.

Javid fucked around with this message at 05:01 on Aug 11, 2021

Devor
Nov 30, 2004
Lurking more.

Javid posted:

Independent owner/ops make up a significant plurality of truckers on the road. The net effect of declaring that long-standing business model verboten is that that many less truckers are going to be able to work in california, which just fucks over the truckers and everyone else in the supply chain while benefiting no one, except the recipients of political points for Doing Something

Isn't something so inherently safety-related as trucking ripe for this sort of regulation? Like, if restaurants could hire Contract Chefs that didn't have to follow California-specific health codes, it gives the Contract Chefs an inherent advantage that pushes out well-regulated employee-run kitchens. Allowing a carve-out to keep the noble Contract Chef lifestyle afloat would mean that California is incentivizing the invisible hand of the market to muscle out of being regulated.

Javid
Oct 21, 2004

:jpmf:
That would be comparable if the majority of working chefs routinely traveled across the country during the course of their weekly job duties, and if contract truckers are exempt from california law in some way that I'm not aware of. jesus christ there would be 10x as many contractors if it exempted you from all california's special bullshit in any meaningful way

Evil Fluffy
Jul 13, 2009

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

The court definitely hosed up by keeping a seditionist who attacked law enforcement in jail. They need to save such punishments for things crimes like existing while a minority or smoking weed.

Potato Salad
Oct 23, 2014

nobody cares


Evil Fluffy posted:

The court definitely hosed up by keeping a seditionist who attacked law enforcement in jail. They need to save such punishments for things crimes like existing while a minority or smoking weed.

We will remember January 6 as a dress rehearsal

Dead Reckoning
Sep 13, 2011

Evil Fluffy posted:

The court definitely hosed up by keeping a seditionist who attacked law enforcement in jail. They need to save such punishments for things crimes like existing while a minority or smoking weed.
Pretrial detention isn't supposed to be punitive. Tanios wasn't charged with sedition. Federal bail doesn't work the way your state/local system probably does. Can you provide an example of someone kept in Federal custody pending trial for smoking weed?

hobbesmaster
Jan 28, 2008

I’m sure there are plenty of cases but it’s because bail or the cost of monitoring was set too high. Not having any option period for bail is pretty rare period.

Mr. Nice!
Oct 13, 2005

bone shaking.
soul baking.
Absolutely we could find them if we dug into the cases. Federal law has a rebuttable presumption of pretrial detention without bail when charged with:

quote:

(1) a 10-year drug offense; (2) an offense involving possession of a firearm in furtherance of a crime of violence or serious drug offense; (3) a 10-year federal crime of terrorism; (4) a 20-year human trafficking offense; or (5) a designated sex offense committed against a child.

There are plenty of situations where someone could have a couple of baggies of pot and get charged with distributing on school grounds. This poo poo happens all the time.

Dead Reckoning
Sep 13, 2011
I feel like "smoking weed" and "booked by the Feds for a 10 year distribution charge on school grounds without any ancillary crimes or prior record influencing the probation decision" is more than a pedantic difference. Even then, I can't recall the DEA putting out press releases about arresting random teenagers for bagged weed in their lockers.

Mr. Nice!
Oct 13, 2005

bone shaking.
soul baking.
This type of poo poo happens in southern georgia all the time. The point is it is not at all uncommon to be held without bail in the federal system, and, in fact, can be more common depending on the offense and the offender’s skin color.

Groovelord Neato
Dec 6, 2014


The average trucker makes about 1/3 what they made in 1980. It's my go-to example of how people are getting hosed on their pay.

Evil Fluffy
Jul 13, 2009

Scholars are some of the most pompous and pedantic people I've ever had the joy of meeting.
A few years ago a very right wing person I knew was posting about how they got a raise and were making something like 70-80k a year as a long distance trucker and how great it was.

They weren't very happy when I pointed out that by their own statements they're on the road 60+ hours a week, often 70+, and what his base hourly pay would be at 40hrs a week with time-and-a-half overtime pay. He also hates how bad healthcare is in the US and voted for Trump because he trusted Trump more on the economy and healthcare than Clinton while believing the ACA is terrible and should be repealed so :shrug:

Charlz Guybon
Nov 16, 2010

VitalSigns posted:

5-4
Vaccination cards discriminate against people on the basis of political preference, and political affiliation discrimination is unconstitutional in every sphere except voting and redistricting

Everyone panicking over this was being ridiculous

https://mobile.twitter.com/SCOTUSblog/status/1425930801892503552

FAUXTON
Jun 2, 2005

spero che tu stia bene


They must not have cited religious grounds

Ventana
Mar 28, 2010

*Yosh intensifies*

FAUXTON posted:

They must not have cited religious grounds

I know this is a joke, but they did try this in the lower courts. IU does provide vaccine exemptions based on religion, but they were trying to argue further that other NPIs like mask mandates/weekly PCR tests were also unlawful.

https://www.npr.org/2021/07/19/1018010489/indiana-universitys-vaccine-requirement-should-stand-federal-judge-rules

quote:

In the complaint, multiple students said they have religious reasons for opposing masks, which they'd need to wear if they qualified for an exemption from the vaccine requirement.

In response, Leichty wrote that while the right to exercise religion is fundamental, the university's vaccine mandate applies the same way to all students: "One may well applaud the university for going beyond what the constitution requires: courts have consistently held that schools that provided a religious exemption from mandatory vaccination requirements did so above and beyond that mandated by the Constitution."

FAUXTON
Jun 2, 2005

spero che tu stia bene

Ventana posted:

I know this is a joke, but they did try this in the lower courts. IU does provide vaccine exemptions based on religion, but they were trying to argue further that other NPIs like mask mandates/weekly PCR tests were also unlawful.

https://www.npr.org/2021/07/19/1018010489/indiana-universitys-vaccine-requirement-should-stand-federal-judge-rules

sounds like they shouldn't have cited one of the civil war amendments and referenced the Tuskegee experiments, then.

Potato Salad
Oct 23, 2014

nobody cares


"Hello I would like an exemption from prison time on the basis of my religious beliefs"

at some point there needs to be a bright line between religious freedom and wanton lawlessness

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Dameius
Apr 3, 2006

Potato Salad posted:

"Hello I would like an exemption from prison time on the basis of my religious beliefs"

at some point there needs to be a bright line between religious freedom and wanton lawlessness

The line between the last page of the Bible the first page of every other holy text

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