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Jaxyon posted:I mean, what explanation do they need? Like I said earlier, you are now in the Kritarchy of Gilead. The court has primacy and is explicitly partisan. e: for more content thanks to snipe: I think there's definitely a lock of Barret, Thomas, and Alito for overturning Obergefell and Lawrence. I'm not sure whether they can get  on board with throwing those precedents out, but Gorsuch is probably gettable with a 'State's Rights' argument. So that's DOMA back in effect federally, and a whole host of anti-sodomy laws suddenly snapping back into existence around the nation. Which is on top of the already massive immiseration of women, particularly poor women and women of color, as they're forced to bear children or jailed for having abortions. And if anyone thinks a national ban on abortion won't be upheld by this court, they are plain kidding themselves. TLM3101 fucked around with this message at 04:54 on Jun 29, 2022 |
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Jun 29, 2022 04:47
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If the fillibuster stays in place, I think the more likely next "big deal" is fetal personhood laws at a state level, since those are great red meat for the GOP base, and I don't see a way for the GOP to get 60 votes in the Senate for that. I'm sure the House will probably ban abortion next year about as often as they repealed Obamacare, but I don't see any way it passes the Senate. If McConnell kills the fillibuster, I think it'll probably be for some kind of anti-voting bill or something to outright steal an election, since he can just use the Supreme Court to make sure that women and people of color don't have too many rights for any kind of social stuff.
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Jun 29, 2022 05:31
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azflyboy posted:If the fillibuster stays in place, I think the more likely next "big deal" is fetal personhood laws at a state level, since those are great red meat for the GOP base, and I don't see a way for the GOP to get 60 votes in the Senate for that. I'm sure the House will probably ban abortion next year about as often as they repealed Obamacare, but I don't see any way it passes the Senate. -Blackadder- fucked around with this message at 10:00 on Jun 29, 2022 |
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Jun 29, 2022 09:58
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-Blackadder- posted:Good lord. Is there really no nuance here? Lookup Rucho v. Common Cause quote:The Court ruled that while partisan gerrymandering may be "incompatible with democratic principles", the federal courts cannot review such allegations, as they present nonjusticiable political questions outside the remit of these courts. “Sorry Dems literally can’t vote to regain control of the state in North Carolina, but this is a matter for the courts to decide.”
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Jun 29, 2022 10:17
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Jaxyon posted:I mean, what explanation do they need? It's another notch on the ol' "oh it turns out norms and precedent don't actually mean anything and we can do whatever we want" post -Blackadder- posted:The thing is we're already seeing absolutely massive swings in the polls just from kicking it back to the states. LegalTwitter is really dragging them over Louisiana, their credibility as an institution is dropping like a stone even among their peers (even Dershowitz called them out for judicial activism lol), the more decisions they release, the worse it gets. I don't see how they keep up this momentum if they want things to stabilize. Especially on Abortion, if they try to go national things are going to get heated. They don't want things to stabilize, they want to play chicken with human rights and find out how much they can destroy before an angry mob shows up at their homes with more than signs.
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Jun 29, 2022 11:38
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Yinlock posted:It Even this is giving them too much credit. The people pushing this stuff don't "want" any specific actual goal to occur. They're too stupid and ignorant. They aren't pursuing goals. They're just reflexively hearing the word "abortion" and responding "abortion bad!" like pavlov's dog after a decade watching Fox News. Like, watch this clip: https://twitter.com/JoeCunninghamSC/status/1541848726414786560?s=20&t=S91JIbzZA-Wz1BTKJJR3pA That's the current governor of South carolina, literally not comprehending that "sometimes you have to choose between the life of the mother and that of the child" is a thing. He's currently trying to get a bill passed to ban abortion in *all* circumstances. These people are *morons*. The only, the *only* thing they understand is that they have to be crazier than any potential primary challengers, so they always adopt the furthest right wing position they can come up with. That's all. There is no longer term goal here than that. Just securing the next election victory by making sure they sound like the dumbest craziest motherfucker in the next republican primary. Hieronymous Alloy fucked around with this message at 12:30 on Jun 29, 2022 |
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Jun 29, 2022 12:28
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Just loving that the appeal to tradition logical fallacy is now judicial doctrine.
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Jun 29, 2022 12:48
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Ruling that gerrymanders are non-justiciable is one of their more insane decisions that gets overshadowed by others. It's kind of bad for democracy when the Chief Justice's favorite thing is ensuring the GOP wins no matter how badly they get beat.
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Jun 29, 2022 13:13
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Groovelord Neato posted:Ruling that gerrymanders are non-justiciable is one of their more insane decisions that gets overshadowed by others.
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Jun 29, 2022 14:47
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-Blackadder- posted:The thing is we're already seeing absolutely massive swings in the polls just from kicking it back to the states. LegalTwitter is really dragging them over Louisiana, their credibility as an institution is dropping like a stone even among their peers (even Dershowitz called them out for judicial activism lol), the more decisions they release, the worse it gets. I don't see how they keep up this momentum if they want things to stabilize. Especially on Abortion, if they try to go national things are going to get heated. They don't care, and why would they? No one is going to stop them. The executive isn't going to decide the SCOTUS has overstepped their bounds, it's not going to pack the court, and if one of them retires the current president will only submit a moderate *at best* because he's pretty aligned with their rulings they're putting out anyway and also the Senate makeup wouldn't vote for someone more than moderately right wing anyway.
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Jun 29, 2022 14:49
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New batch of awfulness 5-4 decision with Gorsuch siding with the liberals in dissent in Oklahoma v. Castro-Huerta. States can prosecute offenses in Native American lands.
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Jun 29, 2022 15:05
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Cimber posted:New batch of awfulness quote:The Court holds that the federal government and the state have concurrent jurisdiction to prosecute crimes committed by non-Indians against Indians in Indian country. Not quite as bad?
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Jun 29, 2022 15:08
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hobbesmaster posted:Not quite as bad? It tosses 200 years of precedent. There is no reason that Oklahoma should have any jurisdiction over tribal lands that the tribes have not granted to them. Also Thomas, Gorsuch, Barrett, and Alito released a dissent saying that states can say gently caress you to the feds. Not entirely surprising. Next week the administrative state gets destroyed! Two cases left!! Mr. Nice! fucked around with this message at 15:25 on Jun 29, 2022 |
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Jun 29, 2022 15:22
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Mr. Nice! posted:It tosses 200 years of precedent. There is no reason that Oklahoma should have any jurisdiction over tribal lands. Administrative state gets destroyed tomorrow: https://www.supremecourt.gov/publicinfo/press/pressreleases/pr_06-29-22
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Jun 29, 2022 15:24
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B B posted:Administrative state gets destroyed tomorrow: Thanks!
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Jun 29, 2022 15:25
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Can’t even wait until Friday. drat.
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Jun 29, 2022 15:26
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I AM GRANDO posted:Can’t even wait until Friday. drat. Clarence is ready to hop in the RV for his summer vacation.
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Jun 29, 2022 15:27
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Oklahoma v. Castro-Huerta sucks. Tribal sovereignty and treaty rights being taken more seriously has been a huge boon for environmental lawsuits - its really huge to have some non-psychotic government entities on your side.
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Jun 29, 2022 15:28
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Hieronymous Alloy posted:That's the current governor of South carolina, literally not comprehending that "sometimes you have to choose between the life of the mother and that of the child" is a thing. He's currently trying to get a bill passed to ban abortion in *all* circumstances. It's actually much worse, because almost every instance where abortion is the solution to save the mother's life, something has occurred to make the fetus non-viable, if it isn't dead already. If the fetus were viable without the mother's survival, they would simply induce labor or perform a c-section and do their best to save the pre-term baby.
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Jun 29, 2022 15:29
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Cimber posted:New batch of awfulness Considering how (I assume) this affects abortions on native american lands in states where abortion is now illegal that sure is, uh, convenient timing alright huh.
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Jun 29, 2022 15:30
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hobbesmaster posted:Not quite as bad? No, its bad, and might even be super bad if you take it to the logical conclusion. Native lands This is an older map, but it shows how much lands in Oklahoma were directly administered by Native tribes.  This ruling however, says that states can now come into Native tribes and arrest non tribe members for offenses commited on tribal lands. The Native tribes themselves have no say in this. Their local police cannot overrule the state police now. a) this violates all sorts of treaties that the native tribes signed b) This means that a good source of native income is now directly at threat, because what happens if a state goes into tribal casinos and starts arresting anyone who is not a member of the tribe for illegal gambling? Not paying taxes on tobacco products or alcohol?
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Jun 29, 2022 15:33
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Srice posted:Considering how (I assume) this affects abortions on native american lands in states where abortion is now illegal that sure is, uh, convenient timing alright huh. This is the conservatives rolling back McGirt as much as possible post RBG death. Yet another reason her death hosed everything. e: The above poster has explained why this is poo poo.
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Jun 29, 2022 15:50
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Cimber posted:No, its bad, and might even be super bad if you take it to the logical conclusion. Also if tribes wanted to allow abortion clinics on their land there previously would have been nothing the states could do to a woman who goes there to get one even in a state that totally banned them. Now they can sit outside such clinics and arrest anyone without a tribe licence plate that pulls up
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Jun 29, 2022 15:52
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Cimber posted:No, its bad, and might even be super bad if you take it to the logical conclusion. In this context the native lands in question were only recognized as such since McGirt in 2020 though and in this case the more important question is not whether the state has infrigend Tribal authority (that was mostly decided in Oliphant v. Suquamish Indian Tribe to be not the case) but whether it's State or Federal jurisdiction. GaussianCopula fucked around with this message at 15:55 on Jun 29, 2022 |
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Jun 29, 2022 15:53
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Mr. Nice! posted:
I don't think so. They just made border patrol immune to prosecution, they're not going to invalidate the entire administrative state and put them out of work. They're not about to get rid of the DEA. They're going to rule environmental regulation unconstitutional and destroy the EPA.
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Jun 29, 2022 15:57
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It still shocks me that the EPA was created by Richard Nixon.
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Jun 29, 2022 16:05
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Hieronymous Alloy posted:That's the current governor of South carolina, literally not comprehending that "sometimes you have to choose between the life of the mother and that of the child" is a thing. He's currently trying to get a bill passed to ban abortion in *all* circumstances. It's always been weird that these people can get so far in their lives and into such high positions of power without ever picking up even basic knowledge through osmosis. I read that some of the states had to hastily rewrite their trigger law to include exceptions for health of the mother. Like what island cave do these asses live in that they didn't already know that? God forbid you talk to an actual doctor before you write legislation involving women's health and medical procedures. There are a few real sadists around (doesn't seem like the SC governor is putting a whole lot of effort into the "comprehending" part) but mostly the issue is that these people really are just the dumbest loving hicks.
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Jun 29, 2022 16:06
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gregday posted:It still shocks me that the EPA was created by Richard Nixon. Imo it's representative of politics was without a right wing media apparatus. Basically an alien landscape.
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Jun 29, 2022 16:10
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Do we know who is writing the majority opinion for the EPA case? Sucks the Republicans on SCOTUS want a polluted hellscape.
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Jun 29, 2022 16:13
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Crows Turn Off posted:Do we know who is writing the majority opinion for the EPA case? A ghoul. (USER WAS PUT ON PROBATION FOR THIS POST)
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Jun 29, 2022 16:14
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-Blackadder- posted:It's always been weird that these people can get so far in their lives and into such high positions of power without ever picking up even basic knowledge through osmosis. I read that some of the states had to hastily rewrite their trigger law to include exceptions for health of the mother. Like what island cave do these asses live in that they didn't already know that? God forbid you talk to an actual doctor before you write legislation involving women's health and medical procedures. There are a few real sadists around (doesn't seem like the SC governor is putting a whole lot of effort into the "comprehending" part) but mostly the issue is that these people really are just the dumbest loving hicks.  you think they give a gently caress about women or consequences of their lovely laws. They're a feature not a bug.
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Jun 29, 2022 16:18
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Crows Turn Off posted:Do we know who is writing the majority opinion for the EPA case? Nope other than it will be on of the six biggest monsters on the court. (USER WAS PUT ON PROBATION FOR THIS POST)
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Jun 29, 2022 16:19
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I started a podcast with Columbia Law professor Jamal Green yesterday that was recorded in February of 2022. Provocatively, this was the initial interaction: Ezra Klein: "Given the radical 6-3 divide, what does the Supreme Court look like in a decade?" Jamal Green: "I wouldn't assume the court continues to exist for another decade. Things change massively and rapidly in moments like this." The conversation doesn't really dial in on this point, but I'm curious if anyone here could see a path to dismantling the court.
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Jun 29, 2022 16:20
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Leon Sumbitches posted:I started a podcast with Columbia Law professor Jamal Green yesterday that was recorded in February of 2022. Provocatively, this was the initial interaction: Congress could do several things, including restructuring the Court as a series of rotating panels, or taking almost all it's jurisdiction away, but what I suspect or think he's talking about there is the relative likelihood of violence.
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Jun 29, 2022 16:30
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Leon Sumbitches posted:I started a podcast with Columbia Law professor Jamal Green yesterday that was recorded in February of 2022. Provocatively, this was the initial interaction: The United States as it exists now will not exist in 20 years either due to balkanization, civil war, and/or full fascist theocratic dictatorship.
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Jun 29, 2022 16:30
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Mr. Nice! posted:The United States as it exists now will not exist in 20 years either due to balkanization, civil war, and/or full fascist theocratic dictatorship. That sure feels true.
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Jun 29, 2022 16:31
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Hieronymous Alloy posted:Congress could do several things, including restructuring the Court as a series of rotating panels, or taking almost all it's jurisdiction away, but what I suspect or think he's talking about there is the relative likelihood of violence. Pretty much everyone in a position of authority is sure trying as hard as possible to increase that likelihood
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Jun 29, 2022 16:42
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Yinlock posted:Pretty much everyone in a position of authority is sure trying as hard as possible to increase that likelihood Look, if good men do nothing, what's the worst that could happen?
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Jun 29, 2022 16:43
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Nitrousoxide posted:They don't care, and why would they? No one is going to stop them. The executive isn't going to decide the SCOTUS has overstepped their bounds, it's not going to pack the court, and if one of them retires the current president will only submit a moderate *at best* because he's pretty aligned with their rulings they're putting out anyway and also the Senate makeup wouldn't vote for someone more than moderately right wing anyway. Ah yes, known moderate Ketanji-Brown Jackson didn't get past the Senate.
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Jun 29, 2022 16:57
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Hieronymous Alloy posted:Look, if good men do nothing, what's the worst that could happen? As all politicians know, letting problems fester while systematically cutting off all avenues of a peaceful solution cannot possibly backfire
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Jun 29, 2022 17:41
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