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Harold Fjord
Jan 3, 2004

Main Paineframe posted:

If you don't know and haven't read the decision, then this is nothing more than your preconceptions. It's not really much of an answer to what was presumably a serious question.

I read it and I agree with the dissent and the posters who say it is obviously ideologically motivated. On what basis do you dispute the dissent?

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Rigel
Nov 11, 2016

Main Paineframe posted:

If you don't know and haven't read the decision, then this is nothing more than your preconceptions. It's not really much of an answer to what was presumably a serious question.

My educated guess ended up being correct, apparently. :colbert:

Conservative decisions disallowing well-intentioned judgment calls fit a reasonably predictable pattern, and state level decisions are not as trivially easy to look up as a SCOTUS decision. And its not like I asserted it as a fact, I was pretty clear that it was an assumption.

gregday
May 23, 2003

https://twitter.com/mjs_DC/status/1545401931383939072

Evil Fluffy
Jul 13, 2009

Scholars are some of the most pompous and pedantic people I've ever had the joy of meeting.
Reminder for the people in this thread who are either ignorant of Wisconsin's situation or simply don't care because they're right wing assholes as well:
https://twitter.com/jshusss/status/1545399349340884992

While Wisconsin might eventually unfuck its state supreme court, their legislature will never leave the GOP's hands without an earth-shattering political upheaval.


No but see it's everyone questioning the legitimacy of the ruling who are wrong! :downs:

hobbesmaster
Jan 28, 2008


Those are concurrences and all the majority seemed to write some and while I was just paging through to get to the main dissent they did look deranged.

The main ruling seems superficially “ok” in that it’s interpreting a statute in a way that the supermajority Republican legislature probably intended. (That is to say, not ok from a general equal protection standpoint)

Devor
Nov 30, 2004
Lurking more.

Main Paineframe posted:

If you don't know and haven't read the decision, then this is nothing more than your preconceptions. It's not really much of an answer to what was presumably a serious question.

It's right, though

Edit: Do not ever pretend that the law is the only thing that matters. SCOTUS, and the Wisconsin Supreme Court are both mask-off political actors at this point

Devor fucked around with this message at 15:42 on Jul 8, 2022

Gumball Gumption
Jan 7, 2012

Being right because you guessed and then going "but I'm right" is how you turn your brain into a reactionary one where you trust your gut over data because "it's always right". It's the thinking pattern that turns you into one of those "It's just common sense!!!" Guys

Harold Fjord
Jan 3, 2004
No I think you're pretty safe to assume the worst from Republicans every single time

yronic heroism
Oct 31, 2008

Evil Fluffy posted:

While Wisconsin might eventually unfuck its state supreme court, their legislature will never leave the GOP's hands without an earth-shattering political upheaval.

If a future state Supreme Court reverses the current majority okaying state house/senate gerrymandering, all bets are off.

Devor
Nov 30, 2004
Lurking more.

Gumball Gumption posted:

Being right because you guessed and then going "but I'm right" is how you turn your brain into a reactionary one where you trust your gut over data because "it's always right".

I added an edit, but it addresses the political nature of the court. If you are for some reason pretending that the Wisconsin Supreme Court isn't a political actor, then we could engage in hypotheticals about the law

Main Paineframe
Oct 27, 2010

Harold Fjord posted:

I read it and I agree with the dissent and the posters who say it is obviously ideologically motivated. On what basis do you dispute the dissent?

It's a pretty straightforward interpretation of Wisconsin's election laws (which were written by Wisconsin's ideologically-motivated legislature). The GOP has dominated the Wisconsin State Assembly almost nonstop since 1994, losing control of it only a single time (2008-2010). The Wisconsin Supreme Court doesn't need to invent reasons to strike down progressive provisions of the law, because there aren't really any in the first place. They can just do the usual judge thing and write perfectly normal analysis of the law, grounded in the actual text of the statutes.

After decades of conservative control of the legislature, the laws are already written to serve right-wing interests, so the decision will naturally favor right-wing ideological positions even if the judges base their opinion in boring but plausible legal analysis like they're supposed to - and for the most part, that's exactly what they appear to have done in the actual ruling itself.

Evil Fluffy
Jul 13, 2009

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

yronic heroism posted:

If a future state Supreme Court reverses the current majority okaying state house/senate gerrymandering, all bets are off.

If the WISC flips and later issues a ruling striking down the GOP's gerrymander of the state you're going to get a SCOTUS decision that boils down to "oh wait no sorry our prior ruling was wrong, state elections are totally something we can rule on and we're overturning this decision to un-gently caress the Wisconsin legislative maps."

moose47
Oct 11, 2006

Evil Fluffy posted:

Remember how Kennedy kept insisting that he'd totally look at Gerrymandering if people could give evidence of it, and when he received it with the Wisconsin gerrymander we got the totally shocking result of the SCOTUS deciding it was ok and there was nothing they could do about it since it's outside the judiciary's control and if the people don't like it they can just vote out the politicians who have given themselves something like an 11 point advantage in the state?

Can't wait for round 2 with the ISL lawsuit where we're going to get a ruling that state legislatures have sole control over elections and we can just stop pretending the US has any sort of open and fair elections and get on with this country burning in nuclear hellfire.

I wouldn't be surprised if Kennedy had ultimately ruled that way, but that decision came after he retired so we have Kavanaugh to thank for it.

Though there was a Wisconsin gerrymander case a few years before that one that was kicked back to the lower court for lack of standing. I think that decision was unanimous, which makes me think the liberals went along with it because they didn't trust Kennedy to vote with them if they reached the merits.

Harold Fjord
Jan 3, 2004

Main Paineframe posted:

It's a pretty straightforward interpretation of Wisconsin's election laws (which were written by Wisconsin's ideologically-motivated legislature). The GOP has dominated the Wisconsin State Assembly almost nonstop since 1994, losing control of it only a single time (2008-2010). The Wisconsin Supreme Court doesn't need to invent reasons to strike down progressive provisions of the law, because there aren't really any in the first place. They can just do the usual judge thing and write perfectly normal analysis of the law, grounded in the actual text of the statutes.

After decades of conservative control of the legislature, the laws are already written to serve right-wing interests, so the decision will naturally favor right-wing ideological positions even if the judges base their opinion in boring but plausible legal analysis like they're supposed to - and for the most part, that's exactly what they appear to have done in the actual ruling itself.

So no actual analysis from you, just reiterating that they must be right since everyone involved is an rear end in a top hat. :thunk: Have you considered that this might just be your preconceptions at work?

Bel Shazar
Sep 14, 2012

Gumball Gumption posted:

Being right because you guessed and then going "but I'm right" is how you turn your brain into a reactionary one where you trust your gut over data because "it's always right". It's the thinking pattern that turns you into one of those "It's just common sense!!!" Guys

Not immediately assuming an act from a Republican organization is inherently corrupt and wholly politicized lends the act a measure of respectability it will almost never deserve. When it comes to Republicans, always assume the worst and you will still almost always be wrong, it will be worse.

Groovelord Neato
Dec 6, 2014


It's funny talking to conservatives about the 2018 election in Wisconsin because their defense is well did the Democrats win the majority of the vote in the majority of the districts like every state is supposed to have an Electoral College-esque voting scheme. A few of them I've talked to just totally dodge the gerrymander thing and the ones that don't bring up Maryland and then short circuit when you say all gerrymanders are bad and it's not like the GOP is fighting against them.

Evil Fluffy
Jul 13, 2009

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

Groovelord Neato posted:

It's funny talking to conservatives about the 2018 election in Wisconsin because their defense is well did the Democrats win the majority of the vote in the majority of the districts like every state is supposed to have an Electoral College-esque voting scheme. A few of them I've talked to just totally dodge the gerrymander thing and the ones that don't bring up Maryland and then short circuit when you say all gerrymanders are bad and it's not like the GOP is fighting against them.

When someone brings up Maryland as a counter to Wisconsin ask them what overall % of votes that Democrats get in the state vs Republicans as well. Even if Maryland had a 100% 'even' district layout Dems would still end up with majority if not supermajority control. The same can't be said for Wisconsin and the GOP. Of course, conservatives either know this or don't want to know.

Main Paineframe
Oct 27, 2010

Harold Fjord posted:

So no actual analysis from you, just reiterating that they must be right since everyone involved is an rear end in a top hat. :thunk: Have you considered that this might just be your preconceptions at work?

When I say "that's exactly what they appear to have done", I don't mean that I'm guessing based entirely based on a tweet. I can see why you might assume that someone in this thread might have done something like that, but in my case, I mean that I only read the dozen or so pages that seemed to contain the actual legal reasoning for the majority ruling, as well as the summary, a few pages of the dissent's reasoning, and so on. I didn't read the entire thing.

Koos Group
Mar 6, 2013

Kaal posted:

The Republicans on the court get outright paid tens of thousands of dollars each year in "gifts" by their patrons, and profit in a wide variety of other ways as well. The Bush v. Gore decision was demonstrably based on false pretenses, it violated existing laws governing election interference and court authority, and because they're terrible lawyers who were on a time crunch they managed to admit as much in their ruling. It's not difficult to put together a criminal case over their behavior. Investigating them would doubtlessly unveil further crimes, both because they believe they are above the law and because they'd likely react with fury if they were challenged and would end up obstructing justice. The only thing needed would be a court willing to actually challenge a corrupt justice.

Do you have a source for the court being paid tens of thousands of dollars each year in conflicts of interest, and the specific laws that the Bush v. Gore decision violated?

moths
Aug 25, 2004

I would also still appreciate some danger.



This isn't really a gift, since Ginny is such a smart person that any think tank would be lucky to have her.

MrMojok
Jan 28, 2011

Are we just never going to hear again about the leak that the right called an “insurrection” ?

Dameius
Apr 3, 2006
Roe came out so there is no more need to distract from it.

Liquid Communism
Mar 9, 2004

коммунизм хранится в яичках

MrMojok posted:

Are we just never going to hear again about the leak that the right called an “insurrection” ?

Of course not, even a sham investigation would have meant the Justices not being free to flee the Capitol before the utterly justified public outrage at their partisan bullshit caught up with them and their little insulated fiefdoms got rudely disturbed by the proles.

Cimber
Feb 3, 2014

MrMojok posted:

Are we just never going to hear again about the leak that the right called an “insurrection” ?

No, we will never hear the result about it. Even if it was a flaming liberal clerk Robert's won't want to release it, because its one more thing that makes the court look bad. Correct me if I am wrong,but don't clerks only work for one year and then are released?

And if it was a conservative justice or clerk that released it (or the wife of a justice, lookin' at you Ginni Thomas) there is double no way that would be revealed.

Stabbey_the_Clown
Sep 21, 2002

Are... are you quite sure you really want to say that?
Taco Defender

Koos Group posted:

Do you have a source for the court being paid tens of thousands of dollars each year in conflicts of interest, and the specific laws that the Bush v. Gore decision violated?

This, perhaps? The article has no information on the exact dollar amounts, though.

quote:

Rob Schenck, an evangelical minister who headed the Faith and Action group headquartered near the Supreme Court from 1995 to 2018, said he arranged over the years for about 20 couples to fly to Washington to visit with and entertain Supreme Court Justices Clarence Thomas, Samuel Alito and the late Antonin Scalia.

Schenck, who was once an anti-abortion activist but broke with the religious right in the last decade over its aggressive tactics and support for gun rights, said the couples were instructed before the dinners to use certain phrases to influence the justices while steering clear of the specifics of cases pending before the court — for example, to “talk about the importance of a child having a father and a mother,” rather than engage in the particulars of a gay-rights case.

(snip)

Schenck said that, in addition to making regular donations to Faith and Action, the Wrights financed numerous expensive dinners with Thomas, Alito, Scalia and their wives at Washington, D.C., hotspots including the Capital Grille. Don Wright died in 2020.
...
Don Wright’s obituaries on Dignity Memorial and Legacy.com cited his charitable work with Faith and Liberty and his closeness to Supreme Court justices through his support for the Supreme Court Historical Society. Among the pictures featured on the Dignity Memorial site were images of the Wrights and their extended family with Scalia and Alito, and Don Wright with Chief Justice John Roberts.

“The late Antonin Scalia enjoyed hunting and fishing trips with the [Wright] family. But whether he was sitting in a hunting cabin with the guys or at a Supreme Court dinner he was always the same,” read the obituary on both sites.

In reporting Wright’s passing, The Dayton Business Journal wrote on August 3, 2020: “As trustee of the Supreme Court Historical Society, Wright became friends with several prominent justices, including Samuel Alito, Clarence Thomas and the late Antonin Scalia. An avid hunter/outdoorsman, Wright said Scalia would often accompany the family on hunting trips.”

Supreme Court Historical Society newsletters indicate Wright was a major donor to the group and was elected as a trustee for a three-year term in 2003 and again in 2006.

(snip)

For his part, Schenck said that in addition to the dinners, Scalia was a guest at the Wrights’ home in Jackson Hole. A financial disclosure report Scalia filed shows his transportation, food and lodging for a June 2006 visit to Jackson Hole were paid for by the Wyoming State Bar in connection with a continuing education program for lawyers. Similar reports show he spoke to the Wyoming State Bar in Cheyenne in September 2008 and to the Federalist Society in Laramie in October 2012, with expenses paid by those groups.

...

The justices file annual disclosure forms under the Ethics in Government Act requiring them to report gifts now worth more than $415 in aggregate, but meals are rarely reported as gifts and “personal hospitality” received at a host’s private home or business need not be reported. The justices also report annually on travel, lodging and meals received in connection with speaking engagements and legal conferences.

A review of more than a decade of financial disclosures from Thomas, Alito and Scalia found no reporting of restaurant or other meals as gifts, aside from food being included along with transportation and lodging expenses reimbursed by groups and entities sponsoring speaking events featuring the justices.

shades of eternity
Nov 9, 2013

Where kitties raise dragons in the world's largest mall.
https://openargs.com/?p=3122

opening arguments just did a pretty systematic breakdown of What Happened and what we need to do.

Cimber
Feb 3, 2014

shades of eternity posted:

https://openargs.com/?p=3122

opening arguments just did a pretty systematic breakdown of What Happened and what we need to do.

It wasn't all that illuminating to me but I've been listening to Open Args since Stormy Daniels was a Legal Genius. That being said, if you get your average person to listen and pay attention it might very well be influential.

Also Jill Stein voters got slammed. :D

Fuschia tude
Dec 26, 2004

THUNDERDOME LOSER 2019

shades of eternity posted:

https://openargs.com/?p=3122

opening arguments just did a pretty systematic breakdown of What Happened and what we need to do.

The third parties!!!!!!! argument remains dumb.

shades of eternity
Nov 9, 2013

Where kitties raise dragons in the world's largest mall.

Fuschia tude posted:

The third parties!!!!!!! argument remains dumb.

It remains dumb indeed.

There is also no better way to get a candidate further from your goals than to split the vote.

Something similar happened in Canada 2011 where The CPC won a majority because the NDP had a surge and split the vote with the LPC.

The fact is in politics you want your opponent to be fractured and yourself to be united.

For example

A while back the republicans said this.

https://www.npr.org/2022/04/14/1092916451/republicans-say-theyre-quitting-the-biased-commission-on-presidential-debates

The smart response would be for the Democratic Party to sideline the Republicans.

Use the Libertarian party for debates and joint services even if they have some seriously wingnut policies.

Split the right.

shades of eternity fucked around with this message at 20:14 on Jul 12, 2022

moths
Aug 25, 2004

I would also still appreciate some danger.



"Don't worry guys, the SCOTUS was terrible in the past too. That ended when Roosevelt reigned them in with threats of packing it.

Anyhoo, let me explain why Jill Stein voters hold more power than Joe Biden in the present day and why to blame them."

If only we had warning that things were going to go this way!

E: I lol'd at his scolding that the Democrats will always move right in response to using your vote as a message. He's correctly identified that they'd rather lose than move left, but instead no it's you the voters who are wrong.

Sure, if Hillary had been more like Stein she'd still be the president. But it can't be her fault, it's the tens of thousands of other people who used their vote "wrong."

(USER WAS PUT ON PROBATION FOR THIS POST)

moths fucked around with this message at 23:15 on Jul 12, 2022

shades of eternity
Nov 9, 2013

Where kitties raise dragons in the world's largest mall.
Sure hillary run a kinda bad game (but still got the popular vote),
but also syphoning off by third party happened.
and comey's two week surprise about "her email" that brought up nothing also played a part.

it's not quite an either/or.

it doesn't change the facts in first past the post system, you want to fracture your enemies and unite your party.

Fuschia tude
Dec 26, 2004

THUNDERDOME LOSER 2019

shades of eternity posted:

Sure hillary run a kinda bad game (but still got the popular vote),
but also syphoning off by third party happened.

By that logic, Donald Trump would have gotten those 6 figures of Libertarian votes in those three states and would have won each of those states by a margin an order of magnitude larger than he actually did.

BlueBlazer
Apr 1, 2010

shades of eternity posted:

https://openargs.com/?p=3122

opening arguments just did a pretty systematic breakdown of What Happened and what we need to do.

His breakdown of, "We are back to 1865, and these fucks are going to take that ball and run with it" was pretty convincing. Basically interpreting the 14th amendment to say if it wasn't a right in 1865 you can go gently caress yourself, sure seems to be something that was just done.

The14th Amendment US Constitution posted:

Section 1.
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

19-1392 Dobbs v. Jackson Women’s Health Organization posted:

the Court
surveyed more than 700 years of “Anglo-American common
law tradition,” 521 U. S., at 711, and made clear that a fundamental right must be “objectively, deeply rooted in this
Nation’s history and tradition,” id., at 720–721

19-1392 Dobbs v. Jackson Women’s Health Organization posted:

Not only was there no support for such a constitutional
right until shortly before Roe, but abortion had long been a
crime in every single State. At common law, abortion was
criminal in at least some stages of pregnancy and was regarded as unlawful and could have very serious consequences at all stages. American law followed the common
law until a wave of statutory restrictions in the 1800s expanded criminal liability for abortions. By the time of the
adoption of the Fourteenth Amendment, three-quarters of
the States had made abortion a crime at any stage of pregnancy, and the remaining States would soon follow.
Roe either ignored or misstated this history, and Casey
declined to reconsider Roe’s faulty historical analysis. It is
therefore important to set the record straight.

Originalism is a gently caress and is about to tear down civil rights to the root.

Evil Fluffy
Jul 13, 2009

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

shades of eternity posted:

The smart response would be for the Democratic Party to

I see a problem with this idea.

Jimbozig
Sep 30, 2003

I like sharing and ice cream and animals.

shades of eternity posted:

Something similar happened in Canada 2011 where The CPC won a majority because the NDP had a surge and split the vote with the LPC.
In that election, the NDP formed the official opposition while the Liberals nearly lost official party status. So it was the Liberals splitting the vote. Yet in the run-up to the election, there were all kinds of "experts" telling people to vote Liberal in most ridings to avoid splitting the vote, because those ridings had historically been Liberal/Conservative races. And then the NDP came in second to the Conservatives in many of those ridings and the Liberals lost nearly every single race. We saw the same poo poo on a smaller scale again in the provincial Ontario elections when the Liberals collapsed there as well.

So at least in Canada, recent experience shows that trying to vote "strategically" and not split the vote is likely to backfire.

The US is different because your laws make you somewhere between a de facto 2 party system and a de jure one.

Obviously the Republicans are constantly pulling anti-democratic shenanigans, but I've read multiple stories about Democrats in blue states pulling bullshit about ballot access for third parties who have met all the legal requirements. Basically, from up here in Canada it looks like you really don't have a democracy at all. It's no surprise your government and policies are so severed from the will of the people - your government has sabotaged voting to the extent that it looks impossible for even clear majorities of the people to enact their will democratically. You've turned your politics into a spectator event. It's really dire.

Kalman
Jan 17, 2010

Groovelord Neato
Dec 6, 2014


https://twitter.com/jvagle/status/1550126166580768772?s=20&t=zSCPxEKb2vhvvmSn5BZK_A

Cimber
Feb 3, 2014
Well well well

https://www.electoral-vote.com/evp2022/Senate/Maps/Jul27.html#item-1

cinci zoo sniper
Mar 15, 2013





You seem to have pressed “Submit Reply” before finishing the post.

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mobby_6kl
Aug 9, 2009

by Fluffdaddy
Thought this might be interesting for the thread, Behind the Bastards has a new episode (1/4?) about Clarence Thomas. https://www.iheart.com/podcast/105-behind-the-bastards-29236323/episode/part-one-the-clarence-thomas-story-99759984/

I've listened to about half maybe and it's pretty :stare of course, he grew up extremely poor, but then went to some good private schools and consequently seems to think that everyone (including black kids) got good education in the 50s south. And then went to law school promising he'd fight for civil rights as a lawyer, and, well.

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