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Kazak_Hstan
Apr 28, 2014

Grimey Drawer
if by they you mean the democratic house, then yea, and half the democratic presidential field would Ben on board

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Evil Fluffy
Jul 13, 2009

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

Javid posted:

I feel like they'd actually impeach her at that point

Yeah I'm sure the Democrats running the House would just line up to impeach RBG and give Trump the chance to cement the Federalist Society's control over the SCOTUS for the next half century.

Harik
Sep 9, 2001

From the hard streets of Moscow
First dog to touch the stars


Plaster Town Cop

Evil Fluffy posted:

Yeah I'm sure the Democrats running the House would just line up to impeach RBG and give Trump the chance to cement the Federalist Society's control over the SCOTUS for the next half century.
Refusing to resign promptly to give the legitimate president a chance to replace you is indecorous, and that's the only thing liberals can't stand.

AGGGGH BEES
Apr 28, 2018

by LITERALLY AN ADMIN
Why would RBG care what the current crop of dumbass politicians think? She's been in office longer than some of them have been alive.

Apparatchik Magnet
Sep 25, 2019

by Jeffrey of YOSPOS
https://twitter.com/kellyo/status/1198389061955866627?s=21

FlamingLiberal
Jan 18, 2009

Would you like to play a game?



Thread title is still sadly accurate

Kazak_Hstan
Apr 28, 2014

Grimey Drawer
it is 424 days until January 20, 2021, and Ruth Bader Ginsberg can plausibly die on any of them!

VitalSigns
Sep 3, 2011

We only have to make it to Jan 2020, Supreme Court justices are never replaced in an election year.

Fifteen of Many
Feb 23, 2006
Mitch McConnel slowly smiling dot gif

Mikl
Nov 8, 2009

Vote shit sandwich or the shit sandwich gets it!

Fifteen of Many posted:

Mitch McConnel slowly smiling dot gif

FlamingLiberal
Jan 18, 2009

Would you like to play a game?



https://twitter.com/AHoweBlogger/status/1198649939603140613

Evil Fluffy
Jul 13, 2009

Scholars are some of the most pompous and pedantic people I've ever had the joy of meeting.
If something happens her family needs to pull a "she's not seeing anyone go away" like McCain's did. Or find a body double to fill in for her or something. Do literally whatever it takes to make sure Trump doesn't get to replace her with another Federalist Society minion.

Hieronymous Alloy
Jan 30, 2009


Why! Why!! Why must you refuse to accept that Dr. Hieronymous Alloy's Genetically Enhanced Cream Corn Is Superior to the Leading Brand on the Market!?!




Morbid Hound

Evil Fluffy posted:

If something happens her family needs to pull a "she's not seeing anyone go away" like McCain's did. Or find a body double to fill in for her or something. Do literally whatever it takes to make sure Trump doesn't get to replace her with another Federalist Society minion.

God Emperor Bader Ginsburg in her Golden Throne

Kawasaki Nun
Jul 16, 2001

by Reene
Yes the whole republic hinges on RBG staying alive.

Maybe we should focus on efforts to improve the nation that aren't dependent on the health and well-being of people in their mid 80s?

Ogmius815
Aug 25, 2005
centrism is a hell of a drug

Kawasaki Nun posted:

Yes the whole republic hinges on RBG staying alive.

Maybe we should focus on efforts to improve the nation that aren't dependent on the health and well-being of people in their mid 80s?

Well we tried that but I was told that she just wasn’t “inspiring” enough.

ErIog
Jul 11, 2001

:nsacloud:

Hieronymous Alloy posted:

God Emperor Bader Ginsburg in her Golden Throne

I was going to make a Weekend at Bernie's joke, but this is actually the better reference.

mila kunis
Jun 10, 2011
Can someone explain this case and what's going to happen?

https://twitter.com/mjs_DC/status/1198973108532711424

Kalman
Jan 17, 2010

mila kunis posted:

Can someone explain this case and what's going to happen?

https://twitter.com/mjs_DC/status/1198973108532711424

MJS is getting a little hysterical here (though only a little). It isn't the end of the administrative state; it's the return of judicial invalidation of regulations on substantive grounds, the old "substantive due process" era. (Aka Lochner.) Only it's done in trappings that are acceptable to legal conservatives in a way that SDP isn't.

Basically, the Court is setting up to be able to say "no, Congress can't give an executive agency the power to decide that question" on a question-by-question basis. They're not going to wholesale invalidate agencies, they're going to enable themselves to neuter regulations they don't like on a piecemeal basis.

Ironically, it's a form of something that Gorsuch's dissent described—it's a hydraulic change. Starved of the ability to invalidate regulations via a substantive due process approach, the Court is going to find an alternative route to do so via non-delegation.

Lemniscate Blue
Apr 21, 2006

Here we go again.
A Democratic President in 2020 will have every single agency regulation challenged in front of a hopelessly partisan judicial system, and SCOTUS will vote 5-4 to smirk and say "a functional Congress must fix this".

Never mind that as we've seen with VRA and a dozen other things, "a functional Congress" is the political science equivalent of "Homo economicus" or "a perfectly spherical frictionless cow".

Shimrra Jamaane
Aug 10, 2007

Obscure to all except those well-versed in Yuuzhan Vong lore.
I’m bad at even basic legal stuff.

So if I understand correctly this whole subject being brought up isn’t about a “ruling” changing anything but Kavanaugh signaling through an opinion he retroactively made for an older case of how he’ll vote on future cases that have to do with ruling on regulations? Is that about right?

So why is this news? Of course Kavanaugh is going to rule against anything good and decent going forward I don’t see how anything has changed or been illuminated.

ulmont
Sep 15, 2010

IF I EVER MISS VOTING IN AN ELECTION (EVEN AMERICAN IDOL) ,OR HAVE UNPAID PARKING TICKETS, PLEASE TAKE AWAY MY FRANCHISE

Shimrra Jamaane posted:

So if I understand correctly this whole subject being brought up isn’t about a “ruling” changing anything but Kavanaugh signaling through an opinion he retroactively made for an older case of how he’ll vote on future cases that have to do with ruling on regulations? Is that about right?

It's Kavanaugh saying "I voted to deny hearing this case because its the same as the older case (Gundy) and we got that right last year, but I think maybe we should strike down some future regulations on non-delegation grounds for more or less the reasons Gorsuch outlined in his Gundy dissent."

Shimrra Jamaane
Aug 10, 2007

Obscure to all except those well-versed in Yuuzhan Vong lore.

ulmont posted:

It's Kavanaugh saying "I voted to deny hearing this case because its the same as the older case (Gundy) and we got that right last year, but I think maybe we should strike down some future regulations on non-delegation grounds for more or less the reasons Gorsuch outlined in his Gundy dissent."

But that’ll be on a case by case basis going forward as individual cases eventually get brought up to SCOTUS over time right?

ulmont
Sep 15, 2010

IF I EVER MISS VOTING IN AN ELECTION (EVEN AMERICAN IDOL) ,OR HAVE UNPAID PARKING TICKETS, PLEASE TAKE AWAY MY FRANCHISE

Shimrra Jamaane posted:

But that’ll be on a case by case basis going forward as individual cases eventually get brought up to SCOTUS over time right?

Yes, but.

It is possible that an individual case might be decided in a sufficiently broad manner as to completely control the outcome of some large class of cases in the future (after all, the latest partisan gerrymander basically said "Go gently caress yourself, we aren't hearing these cases, stop bringing them in federal courts.").

It is likely that any individual case might be decided in a sufficiently broad manner as to control the outcome of some number of cases like it in the future.

Stickman
Feb 1, 2004

I don't know why people are upset - surely this just means that the Patriot Act will immediately be neutered. Right? Right?

Apparatchik Magnet
Sep 25, 2019

by Jeffrey of YOSPOS
The New Kremlinology.

https://twitter.com/athein1/status/1198673505702727680?s=21

Residency Evil
Jul 28, 2003

4/5 godo... Schumi

So uh, I’m somewhat familiar with the type of treatment she received (all of which has been publicly reported) and he’s really reading in to things and making a lot of assumptions.

Javid
Oct 21, 2004

:jpmf:
I'm an utter layperson as far as medical stuff but that tweet thread definitely reads like they were working backwards from a conclusion.

Stickman
Feb 1, 2004

That account’s most recent tweet is linking a Federalist article about how “the msm won’t do their job” when it comes to “responsible” assessment of RGB’s health. So, yeah, not going to bother with whatever bullshit they might be peddling.

NaanViolence
Mar 1, 2010

by Nyc_Tattoo
If it's a tweet then it's worthless, no need to do any further checking.

Evil Fluffy
Jul 13, 2009

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

Kalman posted:

MJS is getting a little hysterical here (though only a little). It isn't the end of the administrative state; it's the return of judicial invalidation of regulations on substantive grounds, the old "substantive due process" era. (Aka Lochner.) Only it's done in trappings that are acceptable to legal conservatives in a way that SDP isn't.

Basically, the Court is setting up to be able to say "no, Congress can't give an executive agency the power to decide that question" on a question-by-question basis. They're not going to wholesale invalidate agencies, they're going to enable themselves to neuter regulations they don't like on a piecemeal basis.

Ironically, it's a form of something that Gorsuch's dissent described—it's a hydraulic change. Starved of the ability to invalidate regulations via a substantive due process approach, the Court is going to find an alternative route to do so via non-delegation.

What’s going to happen is the conservative majority is going to nullify every thing that impedes the oligarchs and robber barons they serve.

Mr Ice Cream Glove
Apr 22, 2007

gently caress

https://mobile.twitter.com/NBCNews/status/1204068545765822465

FlamingLiberal
Jan 18, 2009

Would you like to play a game?



I’m so glad SCOTUS supports bullshit science like fetal heartbeat crap

Goatse James Bond
Mar 28, 2010

If you see me posting please remind me that I have Charlie Work in the reports forum to do instead

eke out posted:

denying cert -- refusing to hear a case -- isn't the same thing as "upholding" a law btw and that tweet is bad journalism. in fact it's incredibly different because it has no precedential effect

it only takes four votes to grant and if the liberals wanted to hear it, they could've. probably the reason they didn't is that they'd rather NOT have the precedent that fetal ultrasound laws are definitely not undue burdens for the purposes of Casey on the books, and Roberts has no interest in doing this in an election year when they've already got arguments about Whole Woman's Health coming up in the spring

Relin
Oct 6, 2002

You have been a most worthy adversary, but in every game, there are winners and there are losers. And as you know, in this game, losers get robotizicized!
i often think about how cool and good it is that hillary's incompetence cost 2+ seats on the scotus

Evil Fluffy
Jul 13, 2009

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

Relin posted:

i often think about how cool and good it is that hillary's incompetence cost 2+ seats on the scotus

Don't worry, Democrats are going to find a way to gently caress up next year too. Or the leadership and major media outlets will drop the facade if Sanders or Warren win and just openly embrace the GOP to keep their wealth.

FWIW she only cost 1 seat so far unless you think Kennedy would've still resigned and that Clinton would've agreed to nominate Rapey McBeer while her Scalia replacement got ignored.

The real answer continues to be :thermidor:

Kalman
Jan 17, 2010

Relin posted:

i often think about how cool and good it is that hillary's incompetence cost 2+ seats on the scotus

Even if she’d won, McConnell would have just held the seats open.

FLIPADELPHIA
Apr 27, 2007

Heavy Shit
Grimey Drawer

Kalman posted:

Even if she’d won, McConnell would have just held the seats open.

100%

Don't blame this on Hillary. Pundits would have spent 4 years being concerned about this but yeah, ZERO Justices are getting confirmed by a Dem President while the GOP has the Senate. That's the new permanent status quo.

Proust Malone
Apr 4, 2008

Kalman posted:

Even if she’d won, McConnell would have just held the seats open.

Wouldn’t these just have been 4-3 decisions the other way?

haveblue
Aug 15, 2005



Toilet Rascal

Ron Jeremy posted:

Wouldn’t these just have been 4-3 decisions the other way?

Kennedy likely would not have chosen to retire under a Dem president, so things would have stayed 4-4 for a while. After that it's up to which Justice kicked it next; if RBG then we get the bad kind of 4-3 decisions.

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twodot
Aug 7, 2005

You are objectively correct that this person is dumb and has said dumb things

Midgetskydiver posted:

Don't blame this on Hillary.
Definitely blame this on Clinton, she is a horrible politician and a horrible person. If she hadn't sucked up 99% of the oxygen out of the room by literally buying the election we might have had non-horrible politicians running.

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