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Evil Fluffy
Jul 13, 2009

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

uPen posted:

If a majority on the court wanted to do something about it something would have been done. They don't care about Guantanamo, or at least they didn't until recently.

Even fewer members of the SCOTUS care about Gitmo detainees now than a year ago.

It's extremely likely this man is going to die in Gitmo because the US doesn't want to deal with the embarrassment of freeing an innocent man they kidnapped and tortured for years.

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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

Evil Fluffy posted:

Even fewer members of the SCOTUS care about Gitmo detainees now than a year ago.

It's extremely likely this man is going to die in Gitmo because the US doesn't want to deal with the embarrassment of freeing an innocent man they kidnapped and tortured for years.

That's exactly what's gonna happen and then thirty or fifty years after his death or maybe a hundred or two hundred someone e will issue an official apology

Proust Malone
Apr 4, 2008

Evil Fluffy posted:

a postermaster general

Found my new account handle

Groovelord Neato
Dec 6, 2014


Dameius posted:

Calm down Clarence.

I don't think Thomas would be happy to severely weaken his power.

Mr. Nice!
Oct 13, 2005

c-spam cannot afford



Fifth circuit put a stay on the district court’s decision. Texas abortion ban is back on the books.

Kaal
May 22, 2002

through thousands of posts in D&D over a decade, I now believe I know what I'm talking about. if I post forcefully and confidently, I can convince others that is true. no one sees through my facade.

Mr. Nice! posted:

Fifth circuit put a stay on the district court’s decision. Texas abortion ban is back on the books.

Can't really expect justice or public benefit from American courts these days.

Main Paineframe
Oct 27, 2010

Kaal posted:

Can't really expect justice or public benefit from American courts these days.

It's a temporary stay of a few days to give the state time to argue for a longer stay. While I wouldn't expect much of the Fifth Circuit, it's a little premature to start complaining.

Piell
Sep 3, 2006

Grey Worm's Ken doll-like groin throbbed with the anticipatory pleasure that only a slightly warm and moist piece of lemoncake could offer


Young Orc

Main Paineframe posted:

It's a temporary stay of a few days to give the state time to argue for a longer stay. While I wouldn't expect much of the Fifth Circuit, it's a little premature to start complaining.

No it isn't, this loving sucks

Mr. Nice!
Oct 13, 2005

c-spam cannot afford



Main Paineframe posted:

It's a temporary stay of a few days to give the state time to argue for a longer stay. While I wouldn't expect much of the Fifth Circuit, it's a little premature to start complaining.

Texas already put forth a full brief. The only wait will be the DoJ response, and the fifth is gonna rule in TX’s favor while the SCOTUS again denies cert.

Like I don’t want to be doomer about this, but abortion is about to be unlawful for half the country and is already unlawful in the second most populous state.

Mr. Nice!
Oct 13, 2005

c-spam cannot afford



The Supreme Court is going to uphold the pending fifth circuit decision that is a rubber stamp of indicted felon ken paxton’s brief that says the federal government doesn’t have standing to sue states to stop them from violating federal law.

Proust Malone
Apr 4, 2008

Mr. Nice! posted:

The Supreme Court is going to uphold the pending fifth circuit decision that is a rubber stamp of indicted felon ken paxton’s brief that says the federal government doesn’t have standing to sue states to stop them from violating federal law.

Has anyone written about the comparison between states rights supremacy between the state and federal government vs states supremacy between state and local governments? Seems like it’s a pretty obvious comparison between the idea of localism vs white supremacy.

OddObserver
Apr 3, 2009

Mr. Nice! posted:

The Supreme Court is going to uphold the pending fifth circuit decision that is a rubber stamp of indicted felon ken paxton’s brief that says the federal government doesn’t have standing to sue states to stop them from violating federal law.

Keeping a law in effect that lets unrelated third parties sue on standing grounds does sound like something modern conservative justices would do, yes.

Grip it and rip it
Apr 28, 2020

Mr. Nice! posted:

The Supreme Court is going to uphold the pending fifth circuit decision that is a rubber stamp of indicted felon ken paxton’s brief that says the federal government doesn’t have standing to sue states to stop them from violating federal law.

Wtf is an indicted felon?

No Safe Word
Feb 26, 2005

Grip it and rip it posted:

Wtf is an indicted felon?

Ken Paxton is. He has literally dodged trial for six years because of arguing over where the trial should be held.

SolarFire2
Oct 16, 2001

"You're awefully cute, but unfortunately for you, you're made of meat." - Meat And Sarcasm Guy!

No Safe Word posted:

Ken Paxton is. He has literally dodged trial for six years because of arguing over where the trial should be held.

I think they meant you can be indicted or a convicted felon. 'Indicted felon' is not a valid term, unless I suppose you've been convicted for one felony and are under indictment for another.

SolarFire2 fucked around with this message at 19:00 on Oct 9, 2021

Evil Fluffy
Jul 13, 2009

Scholars are some of the most pompous and pedantic people I've ever had the joy of meeting.
He's an indicted felon because he's guilty as gently caress and everyone knows it including him, which is why he's doing everything he can to delay the case.

VitalSigns
Sep 3, 2011

indicted alleged felon

Mr. Nice!
Oct 13, 2005

c-spam cannot afford



indicted for multiple felonies*

Freakazoid_
Jul 5, 2013


Buglord
purportedly inculpated for multiple alleged escalated misdemeanors in situ

White Light
Dec 19, 2012

Mr. Nice! posted:

Texas already put forth a full brief. The only wait will be the DoJ response, and the fifth is gonna rule in TX’s favor while the SCOTUS again denies cert.

Like I don’t want to be doomer about this, but abortion is about to be unlawful for half the country and is already unlawful in the second most populous state.

This whole affair stinks to high heaven, but I am also morbidly curious what will happen if the SC actually commits to strike down Row v Wade since there is gently caress-all we can do about it until it reaches the highest court.

That has always been the one issue that lights the fire under the asses for many, many Democrats, and if they do that a few months before midterms, that could be potentially catastrophic for the GOP during elections. Will people come out in full force to oppose, or will it be a 2020 scenario where they do come out in droves, but so do republican voters so it a win by the thinnest of margins for one party?

I'm sort of half expecting legit riots to spring up across the country if/when the SC strikes it down, it seems like such a suicidal political gambit across the party board. I'd also bet quite a bit of money on the two D senator holdouts to be getting successfully primary'd with anyone else who says 'we'll nuke the filibuster' to get pro-choice codified somehow, but we'll have to see.

White Light fucked around with this message at 17:59 on Oct 12, 2021

Devor
Nov 30, 2004
Lurking more.

Parrotine posted:

This whole affair stinks to high heaven, but I am also morbidly curious what will happen if the SC actually commits to strike down Row v Wade since there is gently caress-all we can do about it until it reaches the highest court.

That has always been the one issue that lights the fire under the asses for many, many Democrats, and if they do that a few months before midterms, that could be potentially catastrophic for the GOP during elections. Will people come out in full force to oppose, or will it be a 2020 scenario where they do come out in droves, but so do republican voters so it a win by the thinnest of margins for one party?

I'm sort of half expecting legit riots to spring up across the country if/when the SC strikes it down, it seems like such a suicidal political gambit across the party board. I'd also bet quite a bit of money on the two D senator holdouts to be getting successfully primaries with anyone else who says 'we'll nuke the filibuster' to get pro-choice codified somehow, but we'll have to see.

You are seeing what it looks like.

When the shadow docket let SB 8 go into effect, they signaled that Roe v Wade was dead letter. SB 8 had two main things: a weird enforcement mechanism, and a clear violation of Roe. Either one of those things should have been enough to enjoin the law if SCOTUS was serious about preserving Roe as precedent, but it chose not to. You can't staple a novel question onto a clear violation of precedent, to create a good-faith, fresh question of constitutionality.

The court does not want to plant a flag that says "Roe is overturned", so it's going to continue to be exactly what you see here: Democratic institutions pointing out that Roe is effectively dead, while right-wingers say it's not dead yet, and that they have more work to do.

F_Shit_Fitzgerald
Feb 2, 2017



Devor posted:

You are seeing what it looks like.

When the shadow docket let SB 8 go into effect, they signaled that Roe v Wade was dead letter. SB 8 had two main things: a weird enforcement mechanism, and a clear violation of Roe. Either one of those things should have been enough to enjoin the law if SCOTUS was serious about preserving Roe as precedent, but it chose not to. You can't staple a novel question onto a clear violation of precedent, to create a good-faith, fresh question of constitutionality.

The court does not want to plant a flag that says "Roe is overturned", so it's going to continue to be exactly what you see here: Democratic institutions pointing out that Roe is effectively dead, while right-wingers say it's not dead yet, and that they have more work to do.

Which will work out perfectly, because fascists will be able to run on there being "more work to do" to erode women's rights while complacent voters and centrists don't believe that the problem is that severe.

White Light
Dec 19, 2012

Getting real worn out that each year (even the midterms) has morphed into The Most Important Election Year just to hold onto a quarter of the basic rights that the other first world countries worked out decades ago. Sucks more since I live smack in the middle of Ground Zero, where despite me voting in every local, state and national election, the Texas GOP has guaranteed that my voice will be snuffed out.

I'm no doomer, I'll still vote the best I can down here to fight the tide, but it really wears down your spirit after living through this pseudo-Imperialism rule in Houston.

raminasi
Jan 25, 2005

a last drink with no ice

Parrotine posted:

Getting real worn out that each year (even the midterms) has morphed into The Most Important Election Year just to hold onto a quarter of the basic rights that the other first world countries worked out decades ago. Sucks more since I live smack in the middle of Ground Zero, where despite me voting in every local, state and national election, the Texas GOP has guaranteed that my voice will be snuffed out.

I'm no doomer, I'll still vote the best I can down here to fight the tide, but it really wears down your spirit after living through this pseudo-Imperialism rule in Houston.

I don't know how much free time and energy you have, but getting involved in local volunteer and/or activism work beyond just voting might help ameliorate any despondency you're accumulating. It certainly does for me.

Groovelord Neato
Dec 6, 2014


https://twitter.com/AdamSerwer/status/1447986330097573891?s=20

quote:

But no one actually disputes the necessity of emergency orders. In the piece Alito quoted, I noted that “there are some circumstances in which the Court needs to act quickly to prevent some imminent or irreversible harm. There’s nothing inherently sinister about that.” The term shadow docket was coined by a former Roberts clerk six years ago; it is not an invention of Alito’s Lügenpresse. The negative connotations it has more recently assumed are entirely a product of the Court’s selective use of the mechanism to make sweeping decisions and deliver rapid victories to right-wing causes.

...

Alito’s complaint about my description of the substance of the Court’s ruling was just as meritless as his grousing about my description of the process by which it was delivered. The practical effect of the Supreme Court’s September decision was to deny Texans the right to decide when to end a pregnancy, and many—those who can afford it—are going out of state for treatment. Anti-abortion activists are so delighted with the law’s impact that they are trying to dissuade people from suing under the law, because that might subject it to substantive review by the courts more swiftly. The whole idea of the law was to prevent women in Texas from being able to obtain abortions for as long as possible. It would be wrong to say that Roe has been overturned, but it is beyond dispute to say that its protections are no longer in effect in Texas. In a word, it has been nullified.

The reporters who cover the Supreme Court are a hierarchical bunch, as anyone who has had to sit in the fourth row of the press area, straining to see or hear the proceedings, will tell you. They are decorus and proper and deferential to the justices. The longtime SCOTUS reporters for outlets such as The New York Times and The Washington Post did not even link to my piece that Alito was mischaracterizing so that their readers could make their own judgments; His Honor’s word would do.

Groovelord Neato fucked around with this message at 19:32 on Oct 12, 2021

morothar
Dec 21, 2005

Devor posted:

The court does not want to plant a flag that says "Roe is overturned", so it's going to continue to be exactly what you see here: Democratic institutions pointing out that Roe is effectively dead, while right-wingers say it's not dead yet, and that they have more work to do.

I think you’d have been right in a 5-4 court with Roberts in the ‘middle’. With the current 6-3 setup, I expect fetal personhood.

The abortion debate will shift to one about contraceptives, and a large chunk of the faith-based arguments against abortion will be recycled into arguments against contraception. That’ll keep the GOP base riled up and voting to “protect the preborn babies”

Evil Fluffy
Jul 13, 2009

Scholars are some of the most pompous and pedantic people I've ever had the joy of meeting.
Fetal personhood and/or "abortion is murder, therefore it's illegal without exception" is almost guaranteed to be part of whatever insane decision the SCOTUS hands down. People who think that the "worst case" is abortion will be a state-level issue are deluding themselves or know full well what the religious right's end game is and they're completely ok with it.

Contraceptives have already been under attack for awhile and outlawing birth control is something a lot of those extremists are pretty open about wanting to see happen too.

Sanguinia
Jan 1, 2012

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

I don't think these cowards would dare go that far, not with packing the SCOTUS only a fingertip away from mainstream political debate. After all the work they've done to permanently entrench their judiciary power, rolling the dice on losing it all (no matter how low the odds) by trying to take a mile when they only need an inch would take a level of guts that we've never seen from this bunch of comfortable cretins.

Just the fact that when they refused to block the Vigilante Law they mostly yammered about how the law had serious constitutionality questions, all but saying when they actually argued it the law would be struck down, tells me they don't have anything close to the cajones to go for Fetal Personhood, at least not in the immediate future. I could very easily see them overturning Roe in the Mississippi case, but that's a much smaller neck-stick-out than trying to create a federal abortion ban by judicial fiat. I mean, that would be a Dredd Scott level move, literally asserting primacy over the other two branches by dictating terms to them on a highly contentious partisan political question. I find it hard to believe Gorsuch or Brett Beerman or even maybe even Alito and Thomas really have the "courage," for that kind of move. Barrett may be a brainwashed theocrat, but the rest of the conservatives are just petty aristocrats.

FlamingLiberal
Jan 18, 2009

Would you like to play a game?



Evil Fluffy posted:

Fetal personhood and/or "abortion is murder, therefore it's illegal without exception" is almost guaranteed to be part of whatever insane decision the SCOTUS hands down. People who think that the "worst case" is abortion will be a state-level issue are deluding themselves or know full well what the religious right's end game is and they're completely ok with it.

Contraceptives have already been under attack for awhile and outlawing birth control is something a lot of those extremists are pretty open about wanting to see happen too.
I would be impressed if they had the balls to do that but i don’t buy it. That would almost certainly make court packing realistic.

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

Sanguinia posted:

I don't think these cowards would dare go that far, not with packing the SCOTUS only a fingertip away from mainstream political debate. Af.

They aren't even thinking in those terms. The limiting factor on their actions right now is not the fear of any consequences, it's their swiftling dwindling sense of personal shame. That's why they're all going on speaking tours about the supposed importance of a supposedly impartial court.

They don't fear personal consequences, merely personal embarrassment. They're not worrying about losing power, they're worrying the waiter might spit in their food.

I AM GRANDO
Aug 20, 2006

Parrotine posted:

This whole affair stinks to high heaven, but I am also morbidly curious what will happen if the SC actually commits to strike down Row v Wade since there is gently caress-all we can do about it until it reaches the highest court.

That has always been the one issue that lights the fire under the asses for many, many Democrats, and if they do that a few months before midterms, that could be potentially catastrophic for the GOP during elections. Will people come out in full force to oppose, or will it be a 2020 scenario where they do come out in droves, but so do republican voters so it a win by the thinnest of margins for one party?

I'm sort of half expecting legit riots to spring up across the country if/when the SC strikes it down, it seems like such a suicidal political gambit across the party board. I'd also bet quite a bit of money on the two D senator holdouts to be getting successfully primary'd with anyone else who says 'we'll nuke the filibuster' to get pro-choice codified somehow, but we'll have to see.

What difference does an election make? We've seen a few times in the last 50 years where universal outrage swings the legislature for a bit and then things settle back down to the mean. The legislature cannot restore rights taken away by the supreme court. I have no doubt that the democrats would try very hard to turn such a ruling into an occasion to get people to vote for them (and to donate to them), but they'll never have the guts to restore anyone's rights. They can't even undo Trump's 2018 tax cuts.

Evil Fluffy
Jul 13, 2009

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

Sanguinia posted:

I don't think these cowards would dare go that far, not with packing the SCOTUS only a fingertip away from mainstream political debate.

It's not and there's absolutely no reason to believe moderates will support it (the GOP obviously won't) even if you end up with progressives demanding it. People like Manchin won't even give voting rights the time of day. Anyone who thinks he'll consider expanding the courts (especially in response to the end of Roe when he is also anti-choice) is crazy. Manchin would sooner flip to the GOP than join Dems in expanding the courts in response to the end of Roe and he's not the only anti-choice Democrat in Congress.


Antifa Turkeesian posted:

The legislature cannot restore rights taken away by the supreme court.

They absolutely can. The problem is that the Legislature and Executive have no desire for that showdown. It didn't happen when they stole an election for Bush, or when they gutted the VRA in a nakedly political act when the court's authority to do so was dubious at best given that Congress had exercised their authority under the 14th when they reauthorized the VRA. Roberts' ruling was basically "gently caress you it's gone because I want it gone (and so does the GOP)."

Main Paineframe
Oct 27, 2010

Antifa Turkeesian posted:

What difference does an election make? We've seen a few times in the last 50 years where universal outrage swings the legislature for a bit and then things settle back down to the mean. The legislature cannot restore rights taken away by the supreme court. I have no doubt that the democrats would try very hard to turn such a ruling into an occasion to get people to vote for them (and to donate to them), but they'll never have the guts to restore anyone's rights. They can't even undo Trump's 2018 tax cuts.

The legislature can absolutely restore rights taken by the Court, at least in theory. The Supreme Court's rise to supremacy hasn't been because it's more powerful, but because it's more consistent. The Supreme Court, with only a few members who serve long-term appointments and normally aren't accountable to politics, is much better at holding its position and taking a stand, at least compared to a divided legislature that rarely gets decisive majorities for long and is constantly preoccupied with political posturing and infighting. Because of that, even though the three branches are equal in terms of actual power, the Supreme Court usually wins feuds with the other branches in the long-term.

Groovelord Neato
Dec 6, 2014


We'll have to wait until the book drops to confirm because the Daily Mail is about as suspect as it gets but

https://twitter.com/AlexThomp/status/1448346419400675338?s=20

quote:

Couric called a friend, David Brooks, a New York Times journalist, who advised her that Ginsburg probably didn't understand the question, even though she was still serving on the Supreme Court at the time.

Groovelord Neato fucked around with this message at 20:27 on Oct 13, 2021

Evil Fluffy
Jul 13, 2009

Scholars are some of the most pompous and pedantic people I've ever had the joy of meeting.
Well here's a thing we know RBG said about Kaep:
https://www.cnn.com/2016/10/10/politics/ruth-bader-ginsburg-colin-kaepernick/index.html


So I can 100% believe that RBG said that to Couric. I can also believe that Couric is stupid enough to think that a sitting member of the SCOTUS doesn't understand a question about racial justice.

Mercury_Storm
Jun 12, 2003

*chomp chomp chomp*
Did anyone stop and think that it's bizarre we're singing the national anthem at every sports ball game in the first place

Groovelord Neato
Dec 6, 2014


Mercury_Storm posted:

Did anyone stop and think that it's bizarre we're singing the national anthem at every sports ball game in the first place

It is and started during/after World War II. But for the NFL players didn't have to stand at the sidelines until 2009.

I've only gone to one NFL game a couple seasons ago and it was Military Week or some poo poo so they had massive flags during the pregame including the conspiracy theory POW/MIA one and had some folks do their re-enlistment ceremony in the endzone during some break. Real weird poo poo.

Mercury_Storm
Jun 12, 2003

*chomp chomp chomp*
Also that a supposedly liberal justice couldn't make that connection, let alone the one about historical oppression of people of color. These people really are full of their own hot air.

Mercury_Storm fucked around with this message at 13:57 on Oct 14, 2021

Proust Malone
Apr 4, 2008

Mercury_Storm posted:

Did anyone stop and think that it's bizarre we're singing the national anthem at every sports ball game in the first place

At the time it started it was more a relief to see southerners sing it while still in living memory of the civil war.

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haveblue
Aug 15, 2005



Toilet Rascal
After WW2 it fell out of fashion for a while, we started doing it again after 9/11 and haven't stopped yet

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