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mdemone
Mar 14, 2001

Magic Underwear posted:

Sure, you can always find a bookie or a carribean sports book, but they never had the reach and influence that draft kings et al. have. The argument is to return to the state before that scotus ruling, not to exterminate all sports betting.

They oughta ban the lottery and Powerball first, that's the beam in the eye of poor hopeless bastards everywhere and it's truly predatory. Okay that's my hot take for the day.

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Pook Good Mook
Aug 6, 2013


ENFORCE THE UNITED STATES DRESS CODE AT ALL COSTS!

This message paid for by the Men's Wearhouse& Jos A Bank Lobbying Group

Rigel posted:

They should not have standing in any case, but if you were determined to find a way somehow to get through standing to reach the merits, I think DOE v Brown is probably the best way to get there. They may have reached down and grabbed this case and told them to brief it possibly because the standing issue in the other case they have is trickier and could cause more issues.

Briefly to answer your question though, the plaintiffs are people who did not qualify for the student debt forgiveness program and they are mad about that. (lol not really, they are probably republican assholes who agreed to be used for political reasons) Apparently the Biden administration did not follow all the administrative requirements for a regulatory change including a notice-and-comment period, etc. Basically the same poo poo that Trump's administration ignored or was too lazy to do which got a lot of his changes knocked down.

In this case the DOE is saying "wtf are you talking about, we are forgiving loans here. There are no people adversely impacted, this administrative requirement doesn't apply to us, we didn't need a comment period". The plaintiffs are arguing that had the administration followed the rules, they totally would have weighed in with their thoughts about how their loans also needed to be forgiven, and the administration can't just arbitrarily decide they didn't need to follow all the steps to implement this program.

This ultimately isn't a great route for the court if what they really wanted to do was to completely stop this forever though because Biden could just say "OK, fine. We'll start over, here's your comment period. Done? OK, your comments were stupid, we are going ahead with our plan now".

They're going to nuke it on "Major Question" grounds. The APA will be a footnote.

They are going to handwave the standing issue.

Evil Fluffy
Jul 13, 2009

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

Oracle posted:

I really think this whole 'Sinema will split the Democratic vote in Arizona' thing is vastly, vastly overplayed. She didn't leave the party because she thought she could split the vote, she left the party because she thought she'd lose the primary and not be able to run in the general because of the sore loser law. Her approval ratings are in the toilet across the board. Nobody likes a turncoat. The Republicans in Arizona are way too conservative to vote for a bisexual manic-pixie dream girl wannabe and the independents aren't too fond of her either. It'll come down to turnout and I don't see Sinema inspiring anyone to turn out for her, but she will drat sure inspire Dem voters to turn out against her. They've been talking of primarying her since at least Oct. 21.

When people say she'll split the vote they don't mean 50/50 split. Even taking 1-2 percent from the Dem candidate gives the GOP candidate a huge advantage. And yes there are a couple percentage points of dems stupid enough to vote 3rd party for her.


Pook Good Mook posted:

They're going to nuke it on "Major Question" grounds. The APA will be a footnote.

They are going to handwave the standing issue.

The proper response from Biden would be "nah I'm forgiving it anyways if you don't like it good luck enforcing your ruling you illegitimate fucks."

raminasi
Jan 25, 2005

a last drink with no ice

Evil Fluffy posted:

The proper response from Biden would be "nah I'm forgiving it anyways if you don't like it good luck enforcing your ruling you illegitimate fucks."

In such a case, if I had any of the debt to be forgiven, I'd probably assume that the next Republican administration would just reinstate it and I'd be on the hook for it again.

Main Paineframe
Oct 27, 2010

Evil Fluffy posted:

The proper response from Biden would be "nah I'm forgiving it anyways if you don't like it good luck enforcing your ruling you illegitimate fucks."

Biden is the one who'd need luck in enforcing it. He can't just Thanos snap the debt away - he has to order an executive official to do it. It's unlikely at best that the relevant executive official would carry out the order after the Supreme Court has specifically ruled that particular order to be unconstitutional.

Hell, Trump packed everything he could full of sycophants and yes-men and he still couldn't manage that.

VitalSigns
Sep 3, 2011

"Biden can just ignore the court" also presumes that the material outcome is the point of the executive order and not the PR.

If the material outcome were the point, they'd just use their congressional majorities to pass forgiveness into law and then there'd be no court case.

The court stepping in as the rotating villain fits their purposes just fine, if it didn't they'd pass a law in the lame duck period just in case, but by the time the court rules the Republican majority how will be seated, oh well.

BougieBitch
Oct 2, 2013

Basic as hell

raminasi posted:

In such a case, if I had any of the debt to be forgiven, I'd probably assume that the next Republican administration would just reinstate it and I'd be on the hook for it again.

Tbh I think there are ways to make it impossible or impractical for the debt to be reinstated, but the bigger issue isn't Biden himself but whoever in the administrative part of the DoE has to sign the paperwork. Trying to "one weird trick" it would depend on there being a lot of support in the rank-and-file to circumvent a court decision, which is usually a bad bet

Edit: I can't believe people are trying to make "rotating villains" happen still, the Supreme Court as a body has been a villain since like 2000 at the bare minimum, and it's probably the easiest arm of the government to point to people actually having really consistent positions, even if the positions range mostly from "gently caress you, I'm legislating from the bench" to "all text should be taken extremely literally, even the treaties with Native Americans".

Also, they don't need to rotate a villain in for that, Manchin and Sinema already rejected the legislative solution, which is why it went through executive order instead - it got amended out of a bill like 6 months ago

BougieBitch fucked around with this message at 15:53 on Dec 13, 2022

VitalSigns
Sep 3, 2011

They don't need a rotating villain because a different villain already killed the legislative solution six months ago :thunk:

Anyway are we sure it was Manchin and Sinema, seems like student loan forgiveness bills keep mysteriously dying in committee in the House but maybe I missed something
H.R.2034 - Income-Driven Student Loan Forgiveness Act

quote:

Latest Action:
House - 03/18/2021 Referred to the Committee on Education and Labor, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

H.R.4797 - Student Loan Relief Act

quote:

Latest Action:
House - 07/29/2021 Referred to the Committee on Education and Labor, and in addition to the Committees on Ways and Means, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

(USER WAS PUT ON PROBATION FOR THIS POST)

Levitate
Sep 30, 2005

randy newman voice

YOU'VE GOT A LAFRENIÈRE IN ME

VitalSigns posted:

If the material outcome were the point, they'd just use their congressional majorities to pass forgiveness into law and then there'd be no court case.

The court stepping in as the rotating villain fits their purposes just fine, if it didn't they'd pass a law in the lame duck period just in case, but by the time the court rules the Republican majority how will be seated, oh well.

Yeah I'm sure the Republicans in the senate would have been on board with that to get a filibuster proof majority. I'm sure Senima or Manchin would vote for it or abolish the filibuster as an alternative. Surely those things have no impact on the ability of the "congressional majorities" to pass something like student loan forgiveness

Kalman
Jan 17, 2010

Levitate posted:

Yeah I'm sure the Republicans in the senate would have been on board with that to get a filibuster proof majority. I'm sure Senima or Manchin would vote for it or abolish the filibuster as an alternative. Surely those things have no impact on the ability of the "congressional majorities" to pass something like student loan forgiveness

Or on the willingness of House leadership to spend time passing something.

VitalSigns
Sep 3, 2011

Levitate posted:

Yeah I'm sure the Republicans in the senate would have been on board with that to get a filibuster proof majority. I'm sure Senima or Manchin would vote for it or abolish the filibuster as an alternative. Surely those things have no impact on the ability of the "congressional majorities" to pass something like student loan forgiveness
The filibuster works as an excuse for a lot of things but I don't think this is one of them.

I'm no parliamentarian but I am pretty sure you can spend money on forgiving federally held debt in a reconciliation bill.

Kalman
Jan 17, 2010

VitalSigns posted:

I'm no parliamentarian but I am pretty sure you can spend money on forgiving federally held debt in a reconciliation bill.

Mmm. Nope. It affects the deficit more than ten years out and therefore isn’t a suitable subject for a reconciliation bill.

VitalSigns
Sep 3, 2011

Kalman posted:

Mmm. Nope. It affects the deficit more than ten years out and therefore isn’t a suitable subject for a reconciliation bill.

No this is wrong, it's still a suitable subject, but any deficit increase outside the window just has to be offset. For example the 2017 Tax Cuts and Jobs Act made some corporate tax cut provisions permanent (increasing the deficit) but offset this with revenue increases elsewhere.

E: could also depend in how you do the accounting. Is forgiveness a one-time expenditure because that's allowed, or are future loan payments counted as revenue. And even if they are, a lot of loans would be paid off in 10 years anyway, since IBR exists some more will be forgiven anyway. And of course there's a moratorium on this payments right now with an indefinite limit on extensions so...

VitalSigns fucked around with this message at 00:54 on Dec 14, 2022

Kalman
Jan 17, 2010

Yep. Democrats increasing taxes to forgive college loans in reconciliation definitely wouldn’t be spun as taking money from workers to let rich kids off the hook.

Rigel
Nov 11, 2016

Yeah, in this particular case, I am not convinced that the other 48 would all be unified in student loan debt forgiveness. Its not a universally popular issue and if everyone had to go on the record, we would start to hear about concerns and some adjustments and some exceptions needed, and a need to "pay for it", etc.

Getting past Manchin and Sinema does not magically mean all good things immediately pass. Its a continuum not an on/off switch, it would only mean that the 3rd-worst Democrat now decides what passes. And if we win another seat, that means the 4th-worst Democrat decides what passes, etc.

VitalSigns
Sep 3, 2011

Right so it is allowed under reconciliation, but part of it might have to be offset. Maybe, depending on whether you can score it as a one-time expenditure or not.

Now the conversation moves to "but do they want to" and I think we both agree that no they do not, the PR from trying is good enough, the material outcomes don't matter.

Rigel
Nov 11, 2016

VitalSigns posted:

Now the conversation moves to "but do they want to" and I think we both agree that no they do not, the PR from trying is good enough, the material outcomes don't matter.

Fortunately, in this case we don't need a law and the president can just do it. Or, at least he should be able to. And if, say Tester from MT gets griped at by people angry at those ne'er-do-well good for nothin' kids not having to pay back loans, he can shrug and say "hey, I had nothing to do with this".

FlamingLiberal
Jan 18, 2009

Would you like to play a game?



So in case you didn't believe before that one of the conservative justices leaked the Dobbs decision...

https://twitter.com/scotusreporter/status/1616154385389608962?s=20&t=GTHqOaX0t-vvXtUwj-2rnQ

Pook Good Mook
Aug 6, 2013


ENFORCE THE UNITED STATES DRESS CODE AT ALL COSTS!

This message paid for by the Men's Wearhouse& Jos A Bank Lobbying Group

FlamingLiberal posted:

So in case you didn't believe before that one of the conservative justices leaked the Dobbs decision...

https://twitter.com/scotusreporter/status/1616154385389608962?s=20&t=GTHqOaX0t-vvXtUwj-2rnQ

Lol it's an open secret that Alito and Thomas brag about decisions at their dinner parties and to their donors

Evil Fluffy
Jul 13, 2009

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

FlamingLiberal posted:

So in case you didn't believe before that one of the conservative justices leaked the Dobbs decision...

https://twitter.com/scotusreporter/status/1616154385389608962?s=20&t=GTHqOaX0t-vvXtUwj-2rnQ

Technically speaking, Ginny Thomas isn't on the SCOTUS. :fsmug:

Social Studies 3rd Period
Oct 31, 2012

THUNDERDOME LOSER



https://twitter.com/chrisgeidner/status/1616158138679296010

I'm sure it was an exhaustive investigation.

Groovelord Neato
Dec 6, 2014


Crickets from the crowd throwing tantrums about it being a violation of the sanctity of the court.

I know nothing matters but it is funny to release this when it all but confirms it was Alito or Ginni.

Groovelord Neato fucked around with this message at 21:21 on Jan 19, 2023

Dameius
Apr 3, 2006

When you know the exact location of the leak you can exhaustively look everywhere else and say you can't find it.

Pook Good Mook
Aug 6, 2013


ENFORCE THE UNITED STATES DRESS CODE AT ALL COSTS!

This message paid for by the Men's Wearhouse& Jos A Bank Lobbying Group

Dameius posted:

When you know the exact location of the leak you can exhaustively look everywhere else and say you can't find it.

Ya this is playing hide and seek with a toddler and making a big show of coming into their bedroom and ignoring their shoes sticking out from under their bed. "Oh how will I ever find Sam?! He hid so good!"

Evil Fluffy
Jul 13, 2009

Scholars are some of the most pompous and pedantic people I've ever had the joy of meeting.
Even if a justice were to hold a presser announcing they leaked it nothing would happen to them. Thomas could say that he discusses each case in detail with his wife and asks her to solicit input from interested parties and any attempt to punish him would still hit an immovable brick wall of Congressional Republicans.

Rigel
Nov 11, 2016

Its not really even established that leaking draft opinions is a bad thing that needs to be punished (outside of academic legal nerds who are too precious about SCOTUS tradition, and people using the issue politically). Sure, the employer can punish employees for breaking their rules, but the only reason why the rest of us should care is because it would be funny if we found out Thomas leaked it after the GOP lost their minds over the anonymous liberal law clerk boogeyman.

Rigel fucked around with this message at 05:53 on Jan 20, 2023

davecrazy
Nov 25, 2004

I'm an insufferable shitposter who does not deserve to root for such a good team. Also, this is what Matt Harvey thinks of me and my garbage posting.
Is it yet time for a 2023 SCOTUS thread?

Dameius
Apr 3, 2006
Just slap a new title on this one and call it a day.

Lemniscate Blue
Apr 21, 2006

Here we go again.

Dameius posted:

Just slap a new title on this one and call it a day.

It's what we've done since 2013. We have to show respect for the venerable traditions of the thread.

haveblue
Aug 15, 2005



Toilet Rascal
This is the scotus thread until it dies, resigns, or gets impeached

wukkar
Nov 27, 2009
This thread should have retired under previous mods, now we're screwed.

Slaan
Mar 16, 2009



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

wukkar posted:

This thread should have retired under previous mods, now we're screwed.

:smithicide:

Jaxyon
Mar 7, 2016
I’m just saying I would like to see a man beat a woman in a cage. Just to be sure.
somebody please write a snarky breakdown of the current justices i beg of you

Happy Noodle Boy
Jul 3, 2002


https://twitter.com/stevenmazie/status/1616546323322507264?s=61&t=YXP24lc7vWIvn6pUnv2IgA

lol

CmdrRiker
Apr 8, 2016

You dismally untalented little creep!

Jaxyon posted:

somebody please write a snarky breakdown of the current justices i beg of you

Gotchu.

They all suck and I hate them. They are tearing this country apart and they don't care because they'll all be dead before climate change kills 90% of us.

CmdrRiker hates them goddammit.

You're welcome.

Sundae
Dec 1, 2005

haveblue posted:

This is the scotus thread until it dies, resigns, or gets impeached

I'm gonna open 27 new threads about SCOTUS and pack the forum.

Murgos
Oct 21, 2010

We investigated everyone except these nine people and it we can’t figure out who did it sure is a convoluted way to say Alito did it.

Kavros
May 18, 2011

sleep sleep sleep
fly fly post post
sleep sleep sleep

Jaxyon posted:

somebody please write a snarky breakdown of the current justices i beg of you

heavensent cure to the myth of objectivity in originalism / textualism and slayers of the illusory nonpartisan conceit of the high court 5/5 stars

bawk
Mar 31, 2013

well we can't have these justices be investigated--they might lie, and that would be illegal :brainworms:

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FlamingLiberal
Jan 18, 2009

Would you like to play a game?



Murgos posted:

We investigated everyone except these nine people and it we can’t figure out who did it sure is a convoluted way to say Alito did it.
"We're all trying to find the guy who did this!"

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