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Stultus Maximus
Dec 21, 2009

USPOL May

Anyone who puts "destroyed" in all caps on the internet is automatically wrong, sorry.

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Platystemon
Feb 13, 2012

BREADS
As far as the list of “Things ol’ Donnie can wriggle his way out of” goes, it does seem pretty far up there.

Stultus Maximus
Dec 21, 2009

USPOL May
"Blue no matter who" reaches a logical, stupid conclusion:

https://twitter.com/stltoday/status/1654226677529026565

facialimpediment
Feb 11, 2005

as the world turns

Platystemon posted:

As far as the list of “Things ol’ Donnie can wriggle his way out of” goes, it does seem pretty far up there.

Yeah that phrasing is really dumb. Donnie yammered his mouth off about the (civil) rape trial, saying he had to leave Ireland early to go back and testify. He was likely expecting a warm welcome in Ireland, but had to hire his own bagpipers for the tarmac arrival and police outnumbered supporters. He likely left because he was having a sad.

His defense attorney has constantly been saying he wouldn't testify, and even rested his defense. So, the judge, already annoyed with Donnie's mouth diarrhea, decided to give Donnie one more chance to testify and putting said chance on record. Prevents a potential appeal on the issue down the line if the jury finds for Carroll, none of that dumb DESTROYED OMG nonsense.

Zamujasa
Oct 27, 2010



Bread Liar
The excessive confidence there just reminds me of all the premature celebration schadenfreude out there. That said I hope Trump eats poo poo.

Kesper North
Nov 3, 2011

EMERGENCY POWER TO PARTY

facialimpediment posted:

Yeah that phrasing is really dumb. Donnie yammered his mouth off about the (civil) rape trial, saying he had to leave Ireland early to go back and testify. He was likely expecting a warm welcome in Ireland, but had to hire his own bagpipers for the tarmac arrival and police outnumbered supporters.

I thought the bagpipers thing was in Scotland

CBJSprague24
Dec 5, 2010

another game at nationwide arena. everybody keeps asking me if they can fuck the cannon. buddy, they don't even let me fuck it

Kesper North posted:

I thought the bagpipers thing was in Scotland

He said he has to leave Ireland and Scotland, where he has wonderful properties, because of this.

Clearly, he thinks he can be in multiple places now.

Grip it and rip it
Apr 28, 2020
Yeah Tomi T whoever seems like a loving moron - it's a civil case and certainly isn't a life or death situation. poo poo like that makes me hate pundits and the loving idiots who take them seriously.

Radical 90s Wizard
Aug 5, 2008

~SS-18 burning bright,
Bathe me in your cleansing light~

bird food bathtub posted:

Even once this happens there's going to be decades after that point of breaking the anti-democratic strangle hold on power these fascist fuckers are putting in place. That's if you want to view things with the utmost possible optimism and take as granted that that happens.

And then even after that it'll be more decades of cleaning up the poo poo left behind. poo poo like the justices they put in place. Judge Rapey McBeer is what, 40s? That poo poo will be kicking around the system long after we're gone.

Yea and that's before factoring in all the poo poo that comes with the ever-accelerating shitstorm of climate change and environmental destruction "new normal" that we live in now.

Milo and POTUS
Sep 3, 2017

I will not shut up about the Mighty Morphin Power Rangers. I talk about them all the time and work them into every conversation I have. I built a shrine in my room for the yellow one who died because sadly no one noticed because she died around 9/11. Wanna see it?

RFC2324 posted:

Nah, gen x was "can we let the next guys deal with it while we do hookers and blow?"

Jeez, a convincing defense of gen x

Milo and POTUS
Sep 3, 2017

I will not shut up about the Mighty Morphin Power Rangers. I talk about them all the time and work them into every conversation I have. I built a shrine in my room for the yellow one who died because sadly no one noticed because she died around 9/11. Wanna see it?

CBJSprague24 posted:

https://twitter.com/tomiahonen/status/1654256649551466498

I was waiting for him to come out against interracial marriage when that was a thing a few months ago, which would've been :ironicat: on incomprehensible levels.

Oh I said even at the time that there was a non zero chance that thomas would overturn loving. I don't think it's likely but I do think it's there.

facialimpediment
Feb 11, 2005

as the world turns

Kesper North posted:

I thought the bagpipers thing was in Scotland

Yeah you're right, it was a double trip to both Scotland and Ireland, but he paid for the rental bagpipers when he landed in Scotland.

Soylent Pudding
Jun 22, 2007

We've got people!


Milo and POTUS posted:

Oh I said even at the time that there was a non zero chance that thomas would overturn loving. I don't think it's likely but I do think it's there.

All of these civil rights cases from involve a constitutional interpretation called substantive due process. Thomas famously hates the doctrine. In an opinion sometime in the past few years he listed a bunch of civil rights cases that he felt should be overturned because they relied on substantive due process. He hit all but one major civil rights cases yet for some reason Loving was conspicuously absent.

Milo and POTUS
Sep 3, 2017

I will not shut up about the Mighty Morphin Power Rangers. I talk about them all the time and work them into every conversation I have. I built a shrine in my room for the yellow one who died because sadly no one noticed because she died around 9/11. Wanna see it?
Fine fine fine.



In a five to four decision,

Mr. Nice!
Oct 13, 2005

bone shaking.
soul baking.

Soylent Pudding posted:

All of these civil rights cases from involve a constitutional interpretation called substantive due process. Thomas famously hates the doctrine. In an opinion sometime in the past few years he listed a bunch of civil rights cases that he felt should be overturned because they relied on substantive due process. He hit all but one major civil rights cases yet for some reason Loving was conspicuously absent.

Loving was not found via SDP. Loving was found to have violated the equal protection clause of the 14th.

Substantive Due Process incorporation refers to the method the federal court is using the 14th to impose part of the bill of rights on states. Reminder that federal constitutional amendments for much of our nations history did not apply to state action. They only restricted the federal government. The 14th amendment allows for direct incorporation of the federal amendments on state action through a few channels. The primary two are based on the due process clause and the privileges and immunities clause.

SDP incorporation didn't start with, but it picked up steam with Griswold v. Connecticut. That case was over a Connecticut law that prevented a woman from getting birth control without her husband's consent. That's the real start of the right to privacy in the bill of rights being incorporated via SDP against the states. Roe was the immediate successor to that case. There are a large number of civil rights cases that also use SDP as derived in Griswold because it is the first case they really discussed the unwritten right to privacy that exists throughout the bill of rights.

Thomas is anti-SDP. He has rallied against it in every case that has involved it. If the conservative majority found an SDP incorporation, Thomas would concur with an incorporation method using p&i. If he is opposed, he writes a longwinded dissent about how all SDP incorporation is flawed and should be tossed. Dobbs did not toss SDP incorporation entirely even if Thomas still wants to.

golden bubble
Jun 3, 2011

yospos

https://twitter.com/bencasselman/status/1654463721136173057
https://twitter.com/bencasselman/status/1654464454308888579
https://twitter.com/bencasselman/status/1654468518736281602
https://twitter.com/bencasselman/status/1654470303341215746

Nick Soapdish
Apr 27, 2008


NYT: Solid jobs report and here's why that's bad news for Joe Brandon

bird food bathtub
Aug 9, 2003

College Slice
Isn't there something huge coming up with Chevron too? Like, the potential to straight up dismantle the entire concept of government as we understand it today? Opening Arguments said they were going to do a piece on it coming up soon and it sounds just loving absurd how much some people want to flat out destroy what (laughably) attempts to pass for stable US society.

Nick Soapdish
Apr 27, 2008


https://twitter.com/jaywillis/status/1654503982809911296?t=QQF2zb4boq77J8yfSR412A&s=19

God do I hate the Democrats so very much

Grip it and rip it
Apr 28, 2020

Seems like a pretty benign thing to get up in arms about, particularly given the composition of the court. What exactly do you think the messaging should be? We are going to impeach Thomas?

Terrifying Effigies
Oct 22, 2008

Problems look mighty small from 150 miles up.

bird food bathtub posted:

Isn't there something huge coming up with Chevron too? Like, the potential to straight up dismantle the entire concept of government as we understand it today? Opening Arguments said they were going to do a piece on it coming up soon and it sounds just loving absurd how much some people want to flat out destroy what (laughably) attempts to pass for stable US society.

That's the concept of Chevron deference, named after a 1984 Supreme Court case involving Chevron which established the principle of the courts deferring to a government agency's interpretation of statutes based on that agency's subject matter expertise in the relevant field.

https://en.wikipedia.org/wiki/Chevron_U.S.A.%2C_Inc._v._Natural_Resources_Defense_Council%2C_Inc.?wprov=sfla1

Ironically the original case was something of a Conservative win, since it revolved around Reagan's EPA (run by Neil Gorsuch's mother Anne at the time) deciding to take a more industry-friendly interpretation of Carter's Clean Air Act. During the Reagan era the strategy was to defang regulations the Conservatives hated by putting Conservative appointees in charge of the Executive agencies in charge of enforcement, since they lacked the legislative and judicial control needed to fully repeal/overturn them. Nowadays its become the opposite in that its those pesky woke bureaucrats refusing to play along with the right-wing fringe thats taken over the courts and state governments, so they're tearing down the scaffolding now that they no longer need it.

They've taken a few swings at it the last few sessions with the Covid workplace mandates and West Virginia v EPA, and there's a few more cases coming up that may complete the removal of Chevron.

RFC2324
Jun 7, 2012

http 418

Milo and POTUS posted:

Jeez, a convincing defense of gen x

I wasn't trying. My generation didn't drop the ball, we spiked it so hard it caused a seismic event.

Mustang
Jun 18, 2006

“We don’t really know where this goes — and I’m not sure we really care.”

Grip it and rip it posted:

Seems like a pretty benign thing to get up in arms about, particularly given the composition of the court. What exactly do you think the messaging should be? We are going to impeach Thomas?

Robert's court is a steaming pile of poo poo, why should any Democrat "respect him"?

The tepid response of Democrats to Republican fascism and corruption is pathetic.

They want to get me fired up to vote for them? Figuratively grab the GOP by the neck and beat the everloving poo poo out of them with their mountains of fascist bullshit they're enacting all around the country.

Republicans are not my "fellow Americans" in any meaningful sense, Democrats need to roll up their sleeves and get their hands dirty.

Notahippie
Feb 4, 2003

Kids, it's not cool to have Shane MacGowan teeth

RFC2324 posted:

I wasn't trying. My generation didn't drop the ball, we spiked it so hard it caused a seismic event.

I think it was less apathy and more learned helplessness. Our gen did a lot of terrible but energetic poo poo with the early dotcom boom because we had a clear lane to run in. Everything else, I think it was more about being blocked out of influence and so either organizing to try to force influence (and fail miserably, like the Battle in Seattle) or just giving up.

I think if things were slightly better for the average person, Millenials and GenZ would do the same. It's just reaching a point where you can't tune out anymore.

Deteriorata
Feb 6, 2005

Mustang posted:

Robert's court is a steaming pile of poo poo, why should any Democrat "respect him"?

The tepid response of Democrats to Republican fascism and corruption is pathetic.

They want to get me fired up to vote for them? Figuratively grab the GOP by the neck and beat the everloving poo poo out of them with their mountains of fascist bullshit they're enacting all around the country.

Republicans are not my "fellow Americans" in any meaningful sense, Democrats need to roll up their sleeves and get their hands dirty.

Just what are they supposed to do? They don't control the House, they barely control the Senate. They can't impeach anyone, they can't pass any bills.

Staying civil and embarrassing the Roberts court is the only route to accomplishing anything, as it uses whatever tenuous influence they still have. Roberts does seem to care about his reputation and legacy.

"Grabbing them by the neck and beating the ever loving poo poo out of them" will accomplish nothing and give them justification for getting even more radical.

maffew buildings
Apr 29, 2009

too dumb to be probated; not too dumb to be autobanned
packing the courts would have been a cool thing to do with control of government. and bad news, the fascists are going to get more radical regardless of whether they are given a reason or justification or whatever. being civil does not work.

Mr. Nice!
Oct 13, 2005

bone shaking.
soul baking.

Terrifying Effigies posted:

That's the concept of Chevron deference, named after a 1984 Supreme Court case involving Chevron which established the principle of the courts deferring to a government agency's interpretation of statutes based on that agency's subject matter expertise in the relevant field.

https://en.wikipedia.org/wiki/Chevron_U.S.A.%2C_Inc._v._Natural_Resources_Defense_Council%2C_Inc.?wprov=sfla1

Ironically the original case was something of a Conservative win, since it revolved around Reagan's EPA (run by Neil Gorsuch's mother Anne at the time) deciding to take a more industry-friendly interpretation of Carter's Clean Air Act. During the Reagan era the strategy was to defang regulations the Conservatives hated by putting Conservative appointees in charge of the Executive agencies in charge of enforcement, since they lacked the legislative and judicial control needed to fully repeal/overturn them. Nowadays its become the opposite in that its those pesky woke bureaucrats refusing to play along with the right-wing fringe thats taken over the courts and state governments, so they're tearing down the scaffolding now that they no longer need it.

They've taken a few swings at it the last few sessions with the Covid workplace mandates and West Virginia v EPA, and there's a few more cases coming up that may complete the removal of Chevron.

They explicitly granted cert to a case on the question of "was chevron wrongly decided" so you can read into that what you will.

Deteriorata
Feb 6, 2005

maffew buildings posted:

packing the courts would have been a cool thing to do with control of government. and bad news, the fascists are going to get more radical regardless of whether they are given a reason or justification or whatever. being civil does not work.

They never had the votes to pack the courts, that's a preposterous assertion.

Stick to what's real and possible.

Mustang
Jun 18, 2006

“We don’t really know where this goes — and I’m not sure we really care.”

Deteriorata posted:

Just what are they supposed to do? They don't control the House, they barely control the Senate. They can't impeach anyone, they can't pass any bills.

Staying civil and embarrassing the Roberts court is the only route to accomplishing anything, as it uses whatever tenuous influence they still have. Roberts does seem to care about his reputation and legacy.

"Grabbing them by the neck and beating the ever loving poo poo out of them" will accomplish nothing and give them justification for getting even more radical.

They're already getting more radical, every week there is some new hosed up law being passed in red states.

Being civil accomplishes nothing, and the GOP certainly isn't deserving of being treated with civility.

At a bare minimum they should call a spade a spade. They're loving bigoted fascists for fucks sake.

In what way does Roberts give a gently caress about his own or the supreme court's legacy in a way that I should give a poo poo about? None of the supreme court judges seems to give a single poo poo about corruption within their ranks.

The GOP is racking up wins left and right at the state level and the most the Democrats can do is shrug their shoulders.

RFC2324
Jun 7, 2012

http 418

Mustang posted:

They're already getting more radical, every week there is some new hosed up law being passed in red states.


https://www.hrc.org/press-releases/florida-legislature-sends-extreme-gender-affirming-care-ban-to-governors-desk

Note that the law says that they can intervene in other states, for some extra horror

maffew buildings
Apr 29, 2009

too dumb to be probated; not too dumb to be autobanned

Deteriorata posted:

They never had the votes to pack the courts, that's a preposterous assertion.

Stick to what's real and possible.

drat I guess with your real and possible metric, given what we have seen from the Dems, the only option is further fundraising

joat mon
Oct 15, 2009

I am the master of my lamp;
I am the captain of my tub.

Terrifying Effigies posted:

That's the concept of Chevron deference, named after a 1984 Supreme Court case involving Chevron which established the principle of the courts deferring to a government agency's interpretation of statutes based on that agency's subject matter expertise in the relevant field.

https://en.wikipedia.org/wiki/Chevron_U.S.A.%2C_Inc._v._Natural_Resources_Defense_Council%2C_Inc.?wprov=sfla1

Ironically the original case was something of a Conservative win, since it revolved around Reagan's EPA (run by Neil Gorsuch's mother Anne at the time) deciding to take a more industry-friendly interpretation of Carter's Clean Air Act. During the Reagan era the strategy was to defang regulations the Conservatives hated by putting Conservative appointees in charge of the Executive agencies in charge of enforcement, since they lacked the legislative and judicial control needed to fully repeal/overturn them. Nowadays its become the opposite in that its those pesky woke bureaucrats refusing to play along with the right-wing fringe thats taken over the courts and state governments, so they're tearing down the scaffolding now that they no longer need it.

They've taken a few swings at it the last few sessions with the Covid workplace mandates and West Virginia v EPA, and there's a few more cases coming up that may complete the removal of Chevron.

It's even more ironic/hypocritical that that. Chevron, a conservative/pro-business decision, limited the court's authority to interpret federal statutes and federal agency lawmaking by requiring courts to defer/submit to/yield to the agency's interpretation of the law (since the agency is the subject matter expert).
NOW, the court's conservative members have been bemoaning that Chevron deference “wrests from Courts the ultimate interpretative authority ‘to say what the law is,’ and hands it over to” the executive branch (Thomas) and that the Court "should acknowledge forthrightly that Chevron did not undo, and could not have undone, the judicial duty to provide an independent judgment of the law’s meaning in the cases that come before the Nation’s courts" (Gorsuch, winning the irony/hypocrisy cup with an assist from Mom)

The case is about the agency tasked with trying to keep enough fish in the sea to be able to fish it in the future requiring the fishermen fishing in badly overfished waters to pay for random and occasional in-person monitoring of the fishing (amounts, location, type of fish) that they're doing.

https://www.scotusblog.com/case-files/cases/loper-bright-enterprises-v-raimondo/

Deteriorata
Feb 6, 2005

maffew buildings posted:

drat I guess with your real and possible metric, given what we have seen from the Dems, the only option is further fundraising

Personally, I'm furious that the Democrats didn't vote to cure cancer and end world poverty while they had a majority. So many problems could have been solved if only they'd had the nerve.

facialimpediment
Feb 11, 2005

as the world turns

Deteriorata posted:

Personally, I'm furious that the Democrats didn't vote to cure cancer and end world poverty while they had a majority. So many problems could have been solved if only they'd had the nerve.

Maffew is actually right in this circumstance, primarily because of Durbinism regarding the Supreme Court:

https://twitter.com/SenatorDurbin/status/1654498694920560644?t=53nmnn1zZdpchTQ7AIUs-g&s=19

Because Durbinism is "oh gee this is really bad, the Supreme Court should fix itself because we sure can't do it with our current powers".

The correct response is spotlighting and campaigning. Show everyone that will listen that the courts are corrupt as hell. Show everyone that the courts are corrupt as hell and Republicans made them that way. Subpoena everyone even slightly involved. If your subpoenas get blocked, go on every single political show you have access to and complain. If nobody shows up, have hearings with empty chairs with a judicial robe in front of them.

Run ads during campaign season that this all changes with more/proper Democrats in charge. Mention that these corrupt fuckers took away your right to choose and a Republican president is going to nominate more like them. Actually loving do something to change overall public opinion and have a long-term strategy for correcting a captured court.

Because right now, their solution isn't quite fundraising, but it's seeing they're hosed short term and doing nothing to fight for an unfucked medium/long term. They're just cowering and asking for the kicking to stop.

Edit: a good example is Michigan. Democrats have been hosed for decades, made a long-term plan, gave a list of poo poo they'd fix in power, won from higher-than-normal turnout, then promptly went about fixing the poo poo they said they would. Proving that you'll fight gets you the votes to actually change poo poo. Senators are just pre-emptively rolling over.

facialimpediment fucked around with this message at 20:09 on May 5, 2023

That Works
Jul 22, 2006

Every revolution evaporates and leaves behind only the slime of a new bureaucracy


Deteriorata posted:

Personally, I'm furious that the Democrats didn't vote to cure cancer and end world poverty while they had a majority. So many problems could have been solved if only they'd had the nerve.

What is this poo poo

Nick Soapdish
Apr 27, 2008


Deteriorata posted:

Stick to what's real and possible.

Do you work as a Democratic comma professional because that's what they've been telling me my whole voting life

McNally
Sep 13, 2007

Ask me about Proposition 305


Do you like muskets?

Deteriorata posted:

Personally, I'm furious that the Democrats didn't vote to cure cancer and end world poverty while they had a majority. So many problems could have been solved if only they'd had the nerve.

The Democrats could have done literally anything and it would have been more meaningful than what they have done.

Be less of a dickwad in this subforum please.

Leave
Feb 7, 2012

Taking the term "Koopaling" to a whole new level since 2016.
It was more honest and accurate before, McNally.

Wingnut Ninja
Jan 11, 2003

Mostly Harmless

Deteriorata posted:

Personally, I'm furious that the Democrats didn't vote to cure cancer and end world poverty while they had a majority. So many problems could have been solved if only they'd had the nerve.

Ah yes, curing cancer and ending world poverty, two other powers famously given to the president in the constitution.

(USER WAS PUT ON PROBATION FOR THIS POST)

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Elviscat
Jan 1, 2008

Well don't you know I'm caught in a trap?

Mustang posted:

The tepid response of Democrats to Republican fascism and corruption is pathetic.

"Look, Mustang, if we do anything to reign in GOP corruption, it might also reign in our corruption, and expose that we're also wholly owned by corporate interests, and we can't have that"

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