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Groovelord Neato
Dec 6, 2014


Some Guy TT posted:

He was sued for something really stupid. I think you're allowed to be saucy when someone sues you for something really stupid. Especially when the New York Supreme Court straight up said the people suing him were full of poo poo.

That twitter poo poo is dumb and funny and he's a moron baby.

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FronzelNeekburm
Jun 1, 2001

STOP, MORTTIME

Teddybear posted:

I don't have the stats, but I believe it takes six votes to skip oral argument and issue a per curiam decision, which would be why with a 6-3 conservative majority you see it more often than in the past-- and on cases with a lot more heft.

There was a 5-4 per curiam decision last year to let federal executions start again, after having stopped in 2003. All four liberals dissented.

Stickman
Feb 1, 2004

Weirdly I'm not super excited about solidifying the right of fascist propagandists to libel toddlers under a thin veneer of "parody".

Mikl
Nov 8, 2009

Vote shit sandwich or the shit sandwich gets it!
Federal judge blocks Tennessee trans bathroom law.

https://twitter.com/ErinInTheMorn/status/1413561384529453056

The tl;dr: the law would have required any business which allows trans people to use a bathroom to post a notice that, well, trans people were allowed to use the bathrooms in their facilities. (Same with locker rooms and such.) Allegedly, it was to prevent sex offenders from pretending to be trans and use that to gain access to sex-segregated spaces; when asked to provide examples of that happening, the legislators who passed the law couldn't come up with a single one. Also, the law dictated the minimum size of the notice (eight by six inches), the font (all-caps, boldface) and the colour (yellow on red).

The judge took one look at the law and said "Nah, this isn't going to stand up to either strict scrutiny or rational basis, so here's an injuction against it while the challenge proper proceeds."

Full text here if anyone wants to read it.

Charlz Guybon
Nov 16, 2010
Boo!

https://www.reuters.com/legal/litigation/dc-circuit-overturns-fda-ban-shock-device-disabled-students-2021-07-06/

quote:

D.C. Circuit overturns FDA ban on shock device for disabled students
Brendan Pierson

A federal appeals court has overturned the Food and Drug Administration's ban on the use of electric shock devices to correct aggressive or self-harming behavior in adults and children at a Massachusetts school for the developmentally disabled.

In a 2-1 opinion, the U.S. Court of Appeals for the D.C. Circuit found that the ban was a regulation of the practice of medicine, which is beyond the FDA's authority. The ruling was a victory for the Judge Rotenberg Educational Center and a group of parents and guardians of its students, which had challenged the regulation.

The school, which is represented by Michael Flammia of Eckert Seamans Cherin & Mellott, said in a statement that it was pleased with the ruling, which would allow it to continue using the shock treatment.

"With the treatment, these residents can continue to participate in enriching experiences, enjoy visits with their families and, most importantly, live in safety and freedom from self-injurious and aggressive behaviors," it said.


"We have and will continue to fight to keep our loved ones safe and alive and to retain access to this life saving treatment of last resort," an association of parents said in a statement. The parents in the case were represented by Max Stern of Todd & Weld.

The FDA did not immediately respond to a request for comment.

The agency announced the ban on the use of electric shock devices to treat aggressive or self-harming behavior last March. Rotenberg, the only facility in the U.S. that manufactures and uses such devices for that purpose, had drawn harsh criticism from disability rights advocates, who said the practice could cause severe psychological and physical injuries.

The ban relied on a statute that gives the FDA the authority to pull unreasonably dangerous devices off the market.


That authority has been used only twice: once for a type of hair implant and once for the use of powdered gloves in surgery. While the powdered glove ban similarly targeted a particular use of a device, rather than banning it outright, it was never tested in court.

In petitioning the D.C. Circuit to overturn the ban, Rotenberg and the parents and guardians argued that the shock treatment was beneficial for patients who did not respond to any other treatment. The case was argued in April.

Senior Circuit Judge David Sentelle, writing for the majority, said that Congress has explicitly prohibited the FDA from regulating the practice of medicine, leaving that to the states. He said that a "use-specific" ban like the one at issue "interferes with a practitioner's authority by restricting the available range of devices through regulatory action."

"The FDA has no authority to choose what medical devices a practitioner should prescribe or administer or for which conditions," the judge wrote.


Sentelle was joined by Circuit Judge Gregory Katsas.

Chief Judge Sri Srinivasan dissented, writing that, since the FDA could ban the device entirely, it was "hard to perceive why Congress could want to deny the agency that middle-ground option."

The case is The Judge Rotenberg Educational Center Inc v. FDA, D.C. Circuit U.S. Court of Appeals, No. 20-1087.

For the parents: Max Stern of Todd & Weld

For the school: Michael Flammia of Eckert Seamans Cherin & Mellott

For the FDA: Daniel Aguilar of the U.S. Department of Justice

Discendo Vox
Mar 21, 2013

We don't need to have that dialogue because it's obvious, trivial, and has already been had a thousand times.
I should just note here that the FDA not being able to regulate physician practices is the source of...a lot of suffering. A lot of suffering.

susan b buffering
Nov 14, 2016


I guess I’m probably not allowed to post what I think the response to this decision should be.

susan b buffering fucked around with this message at 05:20 on Jul 11, 2021

Groovelord Neato
Dec 6, 2014


lol

https://twitter.com/axios/status/1414920040521023489?s=20

Platystemon
Feb 13, 2012

BREADS
He would have kept his lifetime seat on the D.C. circuit? :confused:

saintonan
Dec 7, 2009

Fields of glory shine eternal

"On today's episode of 'Trump is Stupid'..."

Evil Fluffy
Jul 13, 2009

Scholars are some of the most pompous and pedantic people I've ever had the joy of meeting.
If Trump were actually smart I'd say this is an attempt to paint the extremely right wing SCOTUS as moderate but no, it's Trump just throwing a tantrum because his picks weren't insane enough to try and overturn the election in a decision that at best would've "only" resulted in nationwide rioting and at worst would've sparked a full scale civil war.

Groovelord Neato
Dec 6, 2014


Evil Fluffy posted:

If Trump were actually smart I'd say this is an attempt to paint the extremely right wing SCOTUS as moderate but no, it's Trump just throwing a tantrum because his picks weren't insane enough to try and overturn the election in a decision that at best would've "only" resulted in nationwide rioting and at worst would've sparked a full scale civil war.

It's funny that Trump dumps everyone or stabs them in the back but he can't grasp that once he puts them on the court they could tell him gently caress off every day and he has no leverage anymore.

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 that Trump dumps everyone or stabs them in the back but he can't grasp that once he puts them on the court they could tell him gently caress off every day and he has no leverage anymore.

Trump is absolutely the kind of person whose response to that would be to rile up his cult until one of them makes an attempt on the judge in question. See: his reaction (or lack thereof) to the Trumpist plot to murder Whitmer.

haveblue
Aug 15, 2005



Toilet Rascal
*to qanon assassin heading towards kavanaugh's house, in willy wonka voice* no. stop. come back.

Nelson Mandingo
Mar 27, 2005




Platystemon posted:

He would have kept his lifetime seat on the D.C. circuit? :confused:

He's alluding to the fact that had he not stuck by him and pressured the republicans to stick with him, he could be investigated for sexual assault.

Sydin
Oct 29, 2011

Another spring commute
IIRC Kav was specifically picked above the rest of the Heritage Foundation list nutjobs around him because he was on record that he believed a sitting president should have a bunch of legal immunity and his appointment came in the midst of the ongoing Mueller Investigation. Unsurprisingly Trump's idiot mush brain appears to have extrapolated this out to "Kav will protect me forever, even more-so now that I gave him a nice cushy appointment!"

Groovelord Neato
Dec 6, 2014


Trump didn't seem to grasp the election has to be close for the Supreme Court to steal it for him.

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:

Trump didn't seem to grasp the election has to be close for the Supreme Court to steal it for him.

This is the main thing.

If it'd come down to just Georgia or Arizona I think the SCOTUS could've stole it for him under a bullshit argument like in Bush v. Gore but when you have multiple states, even with some of them being very close, you can't really get away with it unless you're willing to risk civil war and pretty much guarantee that the person you're stealing the election for is going to become dictator for life.

VitalSigns
Sep 3, 2011

Yeah the obvious goal was to declare victory election night while he was ahead and get Brooks Brothers riots to disrupt the count, Republican state governments to halt ballot counting and the SCOTUS to rubberstamp all this like in 2000.

But he lost in too many states, some of them with split governments, and with red states like Georgia too close to call and Arizona getting called that night, there was no way they could make it look legal like Bush's team did.

Kavanaugh even worked Bush v Gore, he knows when you can steal it legally and when you can't and this one wasn't even close to the line.

JordanKai
Aug 19, 2011

Get high and think of me.



I don't think "my pick for the supreme court is an extremely stupid man" is quite the flex Trump thinks it is.

FAUXTON
Jun 2, 2005

spero che tu stia bene

JordanKai posted:

I don't think "my pick for the supreme court is an extremely stupid man" is quite the flex Trump thinks it is.

Honestly it doesn't make much sense, the guy was already a federal judge for life and would have had plenty of retirement income through the GOP if he wanted to leave his lifetime appointment job. As funny as it'd be if he blurted out something incriminating here by implying he fixed something for Kav that would have imperiled his career, it's just the usual variation on the Sir Story - tears in his eyes, wanting beer, needing debt paid off, saying sir please help me yadda yadda yadda

Some Guy TT
Aug 30, 2011

https://mobile.twitter.com/washingtonpost/status/1415028912929771521

Platystemon
Feb 13, 2012

BREADS
What if they’re in Mississippi, where the age of majority actually is twenty-one?

Groovelord Neato
Dec 6, 2014


Platystemon posted:

What if they’re in Mississippi, where the age of majority actually is twenty-one?

You might be surprised but the decision is very stupid.

Evil Fluffy
Jul 13, 2009

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

Platystemon posted:

What if they’re in Mississippi, where the age of majority actually is twenty-one?

Don't think that'll matter much since Federal law puts it at 18 for a bunch of things (or 17 if you want to join the military and have your guardian's permission).

VitalSigns
Sep 3, 2011

can't buy cigarettes, can machine gun your homeroom class

Blue Footed Booby
Oct 4, 2006

got those happy feet

VitalSigns posted:

can't buy cigarettes, can machine gun your homeroom class

For what it's worth, you still have to be 21 to get an Federal Firearms License, which is required to own an actual machine gun. At this point I wouldn't be that surprised if this got struck down too, but it is currently the case.

I point this out because automatic weapons are vanishingly rarely used in crimes. Because the NFA is so restrictive. And gun control works. :eyepop:

VitalSigns
Sep 3, 2011

21 for an FFL? Sounds unconstitutional.

Javid
Oct 21, 2004

:jpmf:
Is 18-21 the top murderin' demographic or something? This seems like such a minor hill to die on in either direction, so I'm not surprised it's being dragged through the entire court system here in 2021

E: wait are they challenging the recent push to require 21 for rifles, or the original age of 21 for handguns? Lmao if they overturned the latter after decades, Jesus Christ

Javid fucked around with this message at 21:40 on Jul 15, 2021

eviltastic
Feb 8, 2004

Fan of Britches

Javid posted:

E: wait are they challenging the recent push to require 21 for rifles, or the original age of 21 for handguns? Lmao if they overturned the latter after decades, Jesus Christ

The latter, yes.

favorite line so far is

quote:

Why would the federal government and every state require unvirtuous people to have guns and be in a militia? Especially if being unvirtuous means that you can, and probably should, be disarmed?

e: I'm being unfair by taking that out of context, but only a little.

eviltastic fucked around with this message at 21:45 on Jul 15, 2021

Peaceful Anarchy
Sep 18, 2005
sXe
I am the math man.

Javid posted:

Is 18-21 the top murderin' demographic or something? This seems like such a minor hill to die on in either direction, so I'm not surprised it's being dragged through the entire court system here in 2021

The article says

quote:

Gun-control advocates, who defended the law, pointed to studies showing that 18-to-20-year-olds commit gun homicides at a rate four times higher than adults 21 and older do.
It links to this https://everytownresearch.org/report/preventing-gun-violence-in-american-schools/#a-comprehensive-plan

Evil Fluffy
Jul 13, 2009

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

Blue Footed Booby posted:

For what it's worth, you still have to be 21 to get an Federal Firearms License, which is required to own an actual machine gun. At this point I wouldn't be that surprised if this got struck down too, but it is currently the case.

I point this out because automatic weapons are vanishingly rarely used in crimes. Because the NFA is so restrictive. And gun control works. :eyepop:

Nonsense, the good people at Gun Shills and Lobbyists Inc told me that gun control doesn't work. If it did then why is there such rampant gun violence in countries with it and not here in the US? Checkmate, liburls. :fsmug:

FronzelNeekburm
Jun 1, 2001

STOP, MORTTIME

Groovelord Neato posted:

Trump didn't seem to grasp the election has to be close for the Supreme Court to steal it for him.

Biden won by 5.8 million votes, but 45,050 votes in the right places could have swung the election to Trump. We're just lucky that it was spread out across enough states that a few Republican officials choosing to do their jobs staved it off.

VitalSigns
Sep 3, 2011

Wow sounds like the defense just proved that 19 year olds are 4 times more profitable to gun manufacturers and dealers, so laws against them buying guns are an unconstitutional taking

Sanguinia
Jan 1, 2012

~Everybody wants to be a cat~
~Because a cat's the only cat~
~Who knows where its at~


The Chud-dominated parts of the Federal Appellate Judiciary making themselves a De Facto Second Legislature is accelerating. They're either emboldened by feeling untouchable or desperate to cement as much of their preferred policy as possible as "precedent," before something derails the power they've gained.

jeeves
May 27, 2001

Deranged Psychopathic
Butler Extraordinaire

Evil Fluffy posted:

This is the main thing.

If it'd come down to just Georgia or Arizona I think the SCOTUS could've stole it for him under a bullshit argument like in Bush v. Gore but when you have multiple states, even with some of them being very close, you can't really get away with it unless you're willing to risk civil war and pretty much guarantee that the person you're stealing the election for is going to become dictator for life.

Good thing Repubz are clamping down on voting rights for these states so that their SCOTUS will repeat Gore v Bush the next time a Republican loses the popular vote.

Evil Fluffy
Jul 13, 2009

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

jeeves posted:

Good thing Repubz are clamping down on voting rights for these states so that their SCOTUS will repeat Gore v Bush the next time a Republican loses the popular vote.

They won't need to repeat Bush v Gore because they'll win enough states outright through suppression while the Dems sit and wring their hands about how they'd have won if only they'd tacked further to the reich.

jeeves
May 27, 2001

Deranged Psychopathic
Butler Extraordinaire

Evil Fluffy posted:

They won't need to repeat Bush v Gore because they'll win enough states outright through suppression while the Dems sit and wring their hands about how they'd have won if only they'd tacked further to the reich.

Eh, nice to have backup plans of a 6v3 SCOTUS for paving the way for Less-Idiot-Trump(tm) that is DeSantis.

Some Guy TT
Aug 30, 2011

https://twitter.com/ReutersLegal/status/1416121708742860803

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Bizarro Kanyon
Jan 3, 2007

Something Awful, so easy even a spaceman can do it!


FronzelNeekburm posted:

Biden won by 5.8 million votes, but 45,050 votes in the right places could have swung the election to Trump. We're just lucky that it was spread out across enough states that a few Republican officials choosing to do their jobs staved it off.

According to family, the Supreme Court has ruled in some old case that “fraud vitiates everything” so therefore Biden is no longer allowed to be President, Harris is no longer VP, and Trump just gets to take over the spot.

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