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Hot Diggity! posted:
The SCOTUS ruling on this is going to be huge because it will basically dismantle the administrative state if they uphold it.
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May 18, 2022 22:14
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Mr. Nice! posted:The SCOTUS ruling on this is going to be huge because it will basically dismantle the administrative state if they uphold it. Ehh, my reading of the summary is that the 5th is looking to remove the special judiciary of the SEC, so that defendants in an e.g. fraud case have direct access to the real courts and jury trials. That'd be a huge change, but not quite "dismantling the administrative state" IMO. Basically, if you want to appeal a fine or ruling etc. you shouldn't have this weird special SEC judge being able to rule "no, you cannot."
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May 18, 2022 22:18
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Dismantling the ability of the SEC to enforce securities laws is very very bad. The implication that agency enforcement power is unconstitutional is even worse.
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May 18, 2022 22:33
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Joey Freshwater posted:What kind of work are you looking for? I can’t for the life of me remember where you guys live but my company has offices all over and wouldn’t have a problem referring you if there was something that’s a good fit. We're in central to south-ish Louisiana. I have no idea what kind of work, general office work kind of thing? I'm probably not looking to start a career at this point, I just need to help pay bills. I've done accounts receivable type work in the past and I used to do titling of new/used cars so I'm very good at stupid bureaucratic paperwork type jobs. We have a non-teenage kid and two teenagers who still need to be parented, so something that is a little more flexible than not would be great. Right now I have an application in to the public library as an aide and I'd kind of like that but I'm not holding my breath. I'm really not looking forward to a 2 hour commute again at this point in my life. I wish my travel business brought in more because it's truly my dream job and I love it but it's not a money maker.
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May 18, 2022 22:48
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I've worked with one group of people from that area, so I'll toss off a suggestion of Department assistant as a medical facility. Hospitals / health centers need armies of paper pushers, and outside of being around sick people all the time in the age of covid, it's a decent enough gig. Something like: https://careers.christushealth.org/job-details/department-assist-radiology-5295700/
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May 18, 2022 22:58
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It’s sunny and I wanna rub a dog belly
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May 18, 2022 22:59
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Sooooo, I've been offered a promotion. First time managing people in a corporate setting and I can't shake the feeling that I'm just failing upward thanks to being the last person on my team after the Great Resignation. At least it comes with a pay bump and bigger bonus percentage.
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May 18, 2022 23:18
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Aaaaaaarrrrrggggg posted:Sooooo, I've been offered a promotion. First time managing people in a corporate setting and I can't shake the feeling that I'm just failing upward thanks to being the last person on my team after the Great Resignation. Not checking out to stick a bunch of big needles in dead and dying people full time like me? Probably a good plan. I’ll be 40 in like 15mo and I’m starting to really wonder what I need to do otherwise because EMS admin feels like actual death to me. Lose your skills, coexist with petty tyrants on night shift for several years because of seniority shenanigans. No loving thanks.
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May 18, 2022 23:23
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Mr. Nice! posted:The SCOTUS ruling on this is going to be huge because it will basically dismantle the administrative state if they uphold it. I care less about what this means for the SEC because money monsters are always gonna money monster and more about what this means for the FDA and EPA. You think a baby formula shortage is bad now, just wait until someone cashes in with tainted product and dips out no consequences.
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May 18, 2022 23:28
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https://twitter.com/MenshevikM/status/1527047525101969409?s=20&t=ia0JUiz5zsdX6SFSAi4uEQ
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May 18, 2022 23:30
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LeeMajors posted:Not checking out to stick a bunch of big needles in dead and dying people full time like me? Not yet! I still have 7 months of medic school (OR clinical tomorrow woohooooo), but if all goes according to plan I'll have my license in December, work part time for a few months at the local service, get a fat loving bonus, and peace out. I already hate my job, so not like this can make it any worse! I just turned 41 last month. 23 years working in an office has just killed my soul. Fire/EMS is still new enough to me (10/7 years, respectively part time) that I still believe in the missing. And by the time I don't, it's retirement time with a state pension!
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May 18, 2022 23:39
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Leperflesh posted:Ehh, my reading of the summary is that the 5th is looking to remove the special judiciary of the SEC, so that defendants in an e.g. fraud case have direct access to the real courts and jury trials. That'd be a huge change, but not quite "dismantling the administrative state" IMO. Basically, if you want to appeal a fine or ruling etc. you shouldn't have this weird special SEC judge being able to rule "no, you cannot." There is nothing special about this ruling that could not expand it to the rest of the administrative state. This ruling, if upheld in this form by the SCOTUS, will be the end of all administrative hearings done by any federal agency. Everything will go to courts with a jury trial. That will effectively destroy the current administrative state.
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May 18, 2022 23:49
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The EPA, FDA, ATF, OSHA, etc will no longer be able to internally process their enforcement mechanisms. Instead they will all get shunted off to an already overcrowded judiciary that is largely already captured by corporate interests. It's the end of a massive amount of federal regulation. Ironically, this could also potentially be used to toss "immigration judge" decisions, but that would never happen.
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May 18, 2022 23:54
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LeeMajors posted:Not checking out to stick a bunch of big needles in dead and dying people full time like me? Apply to the post office maybe? If you retire at 60 working twenty years you get a twenty percent pension based on the average salary of your last three years and if you were ems you would definitely have a lot of different departments wanting you to work for them.
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May 19, 2022 00:00
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Mr. Nice! posted:The EPA, FDA, ATF, OSHA, etc will no longer be able to internally process their enforcement mechanisms. Instead they will all get shunted off to an already overcrowded judiciary that is largely already captured by corporate interests. It's the end of a massive amount of federal regulation. Hmm. It's hard for me to believe if this is that sweeping of a precedent that it'll hold up, like, the 5th circuit just out of the blue detonates a whole slew of federal agencies' ability to regulate. But I'm open to being convinced. I guess while I'm very strongly in favor of the government being able to effectively regulate things like markets, environment, etc. I'm also reflexively cynical about the american justice system where people can be shoved off into some court system that is deeply undemocratic, denies them basic rights, and has little accountability. It's obviously too much to expect that the same right-wing ethos that wants to cripple the EPA and the SEC would put into place a healthier more functional criminal justice system, like, LOL. But the basic premise - that a person facing criminal charges in any court in America has a constitutional right to a jury trial - is very appealing to me.
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May 19, 2022 00:14
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Leperflesh posted:Hmm. It's hard for me to believe if this is that sweeping of a precedent that it'll hold up, like, the 5th circuit just out of the blue detonates a whole slew of federal agencies' ability to regulate. But I'm open to being convinced. I don't generally disagree, but what part of this SCOTUS gives you the confidence that they wouldn't throw that all away? They've already shown precedent doesn't matter...
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May 19, 2022 00:20
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The SEC does not file criminal charges Leper. If they need to file criminal charges, they go through the DOJ. They can however, enforce penalties, disgorgement and issue injunctions against bad actors. The case in question is over a $350k fine and ban from employment in the securities industry over running a bunch of scams up through the '08 financial collapse.
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May 19, 2022 00:21
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LeeMajors posted:Not checking out to stick a bunch of big needles in dead and dying people full time like me? My brother picked up whatever qualifications are necessary to be a wilderness emt, then I strict others, which basically means he spends his time alternating between hanging with river guides in the summer or ski patrols in the winter, with the occasional dip into hanging at a forest service firefighting camp or logging operation or whatever to provide medical services. You gotta want to live in the middle of goddamn nowhere (case in point he’s based in some tiny town in Humboldt County) but the low pay is made up for by having amazing outdoor vacations available year round!
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May 19, 2022 00:23
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Aaaaaaarrrrrggggg posted:I don't generally disagree, but what part of this SCOTUS gives you the confidence that they wouldn't throw that all away? They've already shown precedent doesn't matter... The hard-right SCOTUS members have an obvious and longstanding anti-abortion stance. I don't know that they have a long-standing stance against the functioning of the various federal agencies like the SEC, FDA, etc. Kalli posted:The SEC does not file criminal charges Leper. Oh I see, so the conviction for securities fraud etc. were civil charges. That's weird then, why would the 5th state that they had a right to a jury trial? That's obviously not the case for civil charges...
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May 19, 2022 00:24
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Kalli posted:I've worked with one group of people from that area, so I'll toss off a suggestion of Department assistant as a medical facility. Hospitals / health centers need armies of paper pushers, and outside of being around sick people all the time in the age of covid, it's a decent enough gig. I'll add that my mother-in-law used to do administrative work for a hospital and though retired she still does transcription a few hours a night at home. Dunno how feasible it is to find that kind of work admittedly.
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May 19, 2022 00:27
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Leperflesh posted:
A very good question that makes people think the 5th circuit is completely nuts. But yeah, if the SEC needs to file criminal charges against someone, they loan a bunch of lawyers to the DOJ and then the case becomes everyone's worst nightmare for years on end as holy loving poo poo, you need to explain securities law to a bunch of jurors.
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May 19, 2022 00:28
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Leperflesh posted:
Because the Heritage Foundation has been trying to remove the scant regulatory measures the US has over the financial industry for decades
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May 19, 2022 00:32
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Leperflesh posted:I don't know that they have a long-standing stance against the functioning of the various federal agencies like the SEC, FDA, etc. Just gonna say I have a guess which way several of them lean.
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May 19, 2022 00:34
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Kalli posted:A very good question that makes people think the 5th circuit is completely nuts. this reuters article says it's because the judges believe something akin to debt collection is a "private right" and that somehow means you have a right to a jury trial. I'm asking in the law thread about that so as not to further poo poo this one up with lawchat, but that's... new to me, I guess. Hot Diggity! posted:Because the Heritage Foundation has been trying to remove the scant regulatory measures the US has over the financial industry for decades The question is whether the supreme court would explode all federal agencies' ability to regulate, not just the SEC. Mr. Nice!, who IIRC is an actual lawyer, suggested that Mr. Nice! posted:The EPA, FDA, ATF, OSHA, etc will no longer be able to internally process their enforcement mechanisms. and I've not seen much indication that even this bullshit right-wing supreme court has been hankering to do that.
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May 19, 2022 00:35
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Also I will be v. mad if that goes away because I have a bunch of SEC Enforcement swag and I don't want it to be less cool to mean mug at guys in suits with.
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May 19, 2022 00:40
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It really seems, from the text of the decision, that the basis on which the 5th is hanging a right to a jury trial (under the 7th amendment and various precedents) is that it's a fraud case, and fraud has "traditionally" been a jury trial issue. If the decision is that narrow, I can't see how it could apply to, e.g., the EPA levying fines and penalties for dumping toxic waste or something. Don't want to presume, though, the law is super complicated and I'm undoubtedly missing some technical aspects of this ruling. Maybe if you can get all things that resemble fraud into the 7th amendment, you can wedge a bunch of other poo poo too? Like just a shift from a narrower to a broader interpretation of the 7th amendment?
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May 19, 2022 00:43
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I just assume these courts will do the worst thing possible because they're insane ghouls
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May 19, 2022 00:46
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Guze posted:I just assume these courts will do the worst thing possible because they're insane ghouls 
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May 19, 2022 00:59
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Well yeah. They work within a structure that they worship, though, and twist it to their ends. That structure - the constitution, law, etc. - still represents a constraint of a kind.
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May 19, 2022 01:05
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Guze posted:I just assume fixed
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May 19, 2022 01:08
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Leper you’re engaging the decision in good faith when it is not written in good faith.
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May 19, 2022 01:33
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Skwirl posted:Apply to the post office maybe? Believe me I’ve thought about it. It’d be a long time until I could match my current ems pay though. And all jobs are non career track when I’ve looked (after bad shifts). I’ve got an unresolved college education I need to take care of because I’ll never feel right until that’s done. Kiddo starts school this fall so I may start chipping away to get my bachelors finished. So many advanced science hours, lost to the ages.  Thaddius the Large posted:You gotta want to live in the middle of goddamn nowhere (case in point he’s based in some tiny town in Humboldt County) but the low pay is made up for by having amazing outdoor vacations available year round! There’s an alternate reality where I jumped into this after doing sea kayak guide poo poo in college. A guy I worked w did some outdoor leadership at Brevard and took a bunch of poo poo from NOLS. Sadly the wilderness certs don’t hold as much weight as the NREMT. I feel fairly certain the wife and child wouldn’t disappear on old CCC trails like I would in that reality lol Aaaaaaarrrrrggggg posted:Not yet! I still have 7 months of medic school (OR clinical tomorrow woohooooo), but if all goes according to plan I'll have my license in December, work part time for a few months at the local service, get a fat loving bonus, and peace out. I already hate my job, so not like this can make it any worse! That’s great! Keep going. My partner just finished medic school and it’s a grind but it’ll be worth it. Lately I’ve been feeling a little bored and like I need some other new challenge. But I also know the moment I leave ems or even just 911 I’ll be profoundly bored with anything else. I just want a better schedule.
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May 19, 2022 01:34
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Mr. Nice! posted:Leper you’re engaging the decision in good faith when it is not written in good faith. That's a really good way of putting it, thanks. The law thread says, basically, Hieronymous Alloy posted:It's literally just this euphronius posted:Your question is “what if fascist judges dismantle the administrative state ?” and that's helpful too. I do not think the supreme court will uphold this, but  we live in strange times.
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May 19, 2022 01:36
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Mr. Nice! posted:The EPA, FDA, ATF, OSHA, etc will no longer be able to internally process their enforcement mechanisms. Instead they will all get shunted off to an already overcrowded judiciary that is largely already captured by corporate interests. It's the end of a massive amount of federal regulation. You could also argue that this is the GOP working to deliberately weaken the Executive Branch in case their various Electoral College tricks stop working, but I don't know that any of the kooks making a decision like this are thinking that far ahead. Leperflesh posted:Well yeah. IANAL but I feel like a lot of recent conservative legal reasoning has been "here's the outcome that I want, how do I get there?" E: Anyone who watched the COVID-19 pandemic unfold in the US should understand the importance of a federal government with the capacity and willpower to respond to crises in a comprehensive manner. Obviously there aren't 50 state-level SECs off doing their own thing, but the general theme of the dominant political party in the US being "it's bad when the federal government does stuff, leave it up to the states" has gotten a lot of people killed and will get a lot more killed as things like climate change really begin to affect the country. C-Euro fucked around with this message at 01:47 on May 19, 2022 |
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May 19, 2022 01:37
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Surely the courts will be reasonable says man who hasn't paid attention to a single iota of US politics the past 5 years.
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May 19, 2022 01:41
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That's really not what I'm saying. It's a discussion as to whether the 5th has created a small loophole, through which some degree of grief will flow, or a giant gaping loophole, through which every evil shall emerge to ravage and plunder the earth. I am not claiming that either case is "reasonable."
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May 19, 2022 01:43
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a neat cape posted:It rules and every character other than Kimhari I guess also rules Kimhari is super lame. Quistis is the only cool blue mage.
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May 19, 2022 01:48
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Also swickles there was a Florida Gators onesie among the various piles of donated baby clothes we got for our little guy, and I think of you every time I put my kid in it 
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May 19, 2022 01:51
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My guess is the SCOTUS denies cert thereby upholding this ruling without having to actually make a ruling.
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May 19, 2022 01:53
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LeeMajors posted:
you'll be able to double on up Bio and AP without breaking a sweat chemistry though lmao
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