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Chamale
Jul 11, 2010

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Gay marriage has been suspended in Utah as the case works its way up to the Supreme Court. Is it possible this could lead to a ruling making gay marriage legal in all 50 states?

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Chamale
Jul 11, 2010

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euphronius posted:

Coaches aren't measured on Joe Leftfielders ability to .300 after hitting .290 or whatever or Dave Receivers ability to catch 80 balls rather than 90 balls. Even if they were, that is completely different as athletes are motivated and in effective support systems where the coach may have an effect that isn't completely overridden by other effects, like poverty, or being 9 years old, or not being motivated to take a test. Moreover, Coaches spend hours and hours a day with an athlete, over a time of years. Teachers get a kid for 40 minutes, for nine months, once in their life. Of the examples you mentioned though, that is probably the closest analogy to teachers.

Yes, they are. Sabermetricians measure a manager's ability by looking at the way his players improve, and whether the team performs in a way that's greater than the sum of its parts. Measuring improvement is much better than measuring raw performance, because sometimes you coach the Yankees (teach in a rich neighbourhood) and sometimes you coach the Blue Jays (teach in a poor neighbourhood). However, although this is the best way to measure merit, you're absolutely right that students are not athletes and merit-based pay is a bad idea. That article Main Paineframe explains that the best solution is to do some actual managing and figure it out on a more individual level, not trying to set a standard to compare all teachers in the country.

Chamale
Jul 11, 2010

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PhazonLink posted:

What are the current odds that it gets hosed?

The prediction market is giving it a 30% chance that they limit subsidies.

Chamale
Jul 11, 2010

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This makes me very happy, yet very sad that no-one I know will find this as funny as I do.

Chamale
Jul 11, 2010

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In a 5-4 decision, Kennedy siding with the liberal justices, the decision in the housing act case is that disparate impact claims are valid under the Fair Housing Act. This is a big deal, but how widely does this set a precedent?

Chamale
Jul 11, 2010

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Obamacare wins, 6-3!

Chamale
Jul 11, 2010

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If Obergefell v. Hodges makes gay marriage legal in all 50 states, it'll be annoying for future history students, because it's so much harder to remember than Loving v. Virginia. But otherwise it'll be awesome, and the Republican tears will be so glorious.

Chamale
Jul 11, 2010

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FlamingLiberal posted:

If Scalia is this upset about King, I can't even imagine what we're getting Monday. It may just be Scalia taking a steaming crap live on the bench. He's got to top himself somehow, right?

He's written "I dissent" instead of "I respectfully dissent" in the past, maybe we're going to see him write "I angrily dissent, you motherfuckers" on Obergefell.

Chamale
Jul 11, 2010

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awesmoe posted:

When does the mandatory gay marriage decision get announced?

Maybe tomorrow, or as late as the 30th. I saw a source saying they had added the 30th as a decision day, though normally the 29th would be the last day to release rulings.

Chamale
Jul 11, 2010

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One of the cases still to be decided, Johnson v. United States, really is a question of whether words have meanings. I don't see how someone could possibly argue that owning a sawed-off shotgun is itself a violent crime, but here we are. Any expectations on how that one might go?

Chamale
Jul 11, 2010

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First decision is Obergefell.

Chamale
Jul 11, 2010

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:siren: MANDATORY GAY MARRIAGE :siren:

Chamale
Jul 11, 2010

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Scalia wrote the 8-1 majority opinion on Johnson v. United States. Owning an illegal weapon is not a violent crime. Consistent with the principles of his dissent on the ACA case yesterday.

Chamale
Jul 11, 2010

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Poor Roberts, he never learns. His dissent has a lot of "send it to Congress" in it. Also, he says that the principles allowing same-sex marriage would also allow polygamy, does that mean we're about to see a bunch of circuit courts legalizing that?

Chamale
Jul 11, 2010

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Scalia's dissent is the angriest thing I've ever read that came from a professional. He doesn't end it with "I respectfully dissent" or even "I dissent", he rants about how this decision just makes the states want to ignore the Supreme Court. I love it.

Chamale
Jul 11, 2010

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I don't understand this part of Thomas's dissent.

quote:

The corollary of that principle is that human dignity cannot be taken away by the government. Slaves did not lose their dignity (any more than they lost their humanity) because the government allowed them to be enslaved. Those held in internment camps did not lose their dignity because the government confined them. And those denied governmental benefits certainly do not lose their dignity because the government denies them those benefits. The government cannot bestow dignity, and it cannot take it away.

Gay people who can't get married are like slaves, and Japanese internees, but the government can't bestow dignity so they don't need gay marriage rights. What is he trying to say by this analogy?

Chamale
Jul 11, 2010

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walgreenslatino posted:

I'm still hung up on the part about a Harvard-Law-educated Catholic from New Jersey freaking out in his dissent that the Court does not feature enough representation from Evangelical middle-Americans

No Evangelicals! No Protestants! Too many Jews

Chamale
Jul 11, 2010

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Obama has been learning how to play the game. Can Congress stop him for eleven months?

Chamale
Jul 11, 2010

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Three Olives posted:

Also Republicans would be wise to remember that it is very conceivable that Hillary takes the White House and Democrats take the Senate leading to a much more liberal appointment than Obama is likely to try and get past through the current Senate.

Justice Kshama Sawant has a nice ring to it.

Chamale
Jul 11, 2010

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computer parts posted:

Well fortunately Obama is not loving his interns.

The intern-loving isn't what sank the Democrats, it was nominating one Albert Arnold Gore, Jr. for the presidency.

Chamale
Jul 11, 2010

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You're all being way too optimistic and short-sighted. If nothing changes then the Republicans can't win, sure. But if there's a terrorist attack or recession in the next eight months we're looking at President Trump.

Chamale
Jul 11, 2010

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I hope that Garland understands that him getting appointed during the lame duck period would be terrible and shouldn't happen.

Chamale
Jul 11, 2010

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Kazak_Hstan posted:

If I was Merrick garland, a good and not terribly ideological judge, I would probably rather not forego a seat on the Supreme Court just because that would be good for people who don't actually see the world or law the way I do.

gently caress him. When he croaks in ten years, the world will be glad President Clinton appointed a 50-year-old justice instead.

Chamale
Jul 11, 2010

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Agronox posted:

Even if that's optimistic, I don't think 63 is old enough to say that his age is a bad reason for the pick. I'd be more worried about what he'd do on the bench if actually confirmed.

I'm fine with him if he gets confirmed between now and November, but if the Dems win the election, the Repubs will be rushing to confirm Garland because he is their best-case scenario. If we reach that situation, I don't want to give the Republicans the best supreme court justice they could possibly get at that time just to preserve one man's feelings. I hope that Obama explained the deal to Garland before going ahead with the nomination.

Chamale
Jul 11, 2010

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Capt. Sticl posted:

You've been talking about how the Democrats are weak for letting the Republicans walk all over them and that it just encourages their intransigence. Wouldn't pulling the nominee and having Hillary pick a new one give a massive amount of credence to the Republican's calling for "let the people decide"? establishing a precedent for later administrations?

Huh, that's a drat good point. I rescind my position about rescinding Garland's nomination, confirm the old dude.

Chamale
Jul 11, 2010

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There's also the problem that courts are loath to impose positive rights, and saying the government must spend more money on public defenders is different from saying the government can't freeze particular assets.

Chamale
Jul 11, 2010

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ulmont posted:

To add insult to injury, the Court tars Louisiana and Oregon with the charge of racism for permitting nonunanimous verdicts—even though this Court found such verdicts to be constitutional and even though there are entirely legitimate arguments for allowing them.

Oh dear, how could anyone accuse 19th-century lawmakers in Louisiana and Oregon of racism? :decorum:

Chamale
Jul 11, 2010

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What will be the practical effects of the Oklahoma ruling? Will it impact other states as well? Seems like a big deal but all I know about the Supreme Court and Native rights is the Nullification Crisis.

Chamale
Jul 11, 2010

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Shouldn't the title be updated to one day?

Chamale
Jul 11, 2010

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Killer robot posted:

Yeah, I'm 100% for codifying abortion rights in federal law, but the fact is any SCOTUS that would make the leaked decision could strike federal abortion rights down with far less violation of precedent. Still gotta do it, if just to prove outright that the court must be fixed.

I feel like this is already sufficient proof that the Supreme Court has become nakedly political. I wonder if the dissent will be calling out how much this hurts the credibility of SCOTUS as a supposedly apolitical institution.

Chamale
Jul 11, 2010

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The original intent of the Founding Fathers was for the three branches to stop each other from oppressing the property rights of rich landowners. They never expected that renters, Black people, and women would get the vote and demand to have their rights recognized as well. The Republicans are doing their stated goal of protecting rich people's rights, while the Democrats are failing to protect the rights of any other group. You can make the argument that the Democrats shouldn't use procedural tricks to protect human rights, because the Republicans will then retaliate when they win power. This argument ignores the fact that Republicans are already using all the procedural tricks they can to protect their power. Democratic politicians won't use extraordinary means to appoint liberal justices because they care more about fundraising by looking like the good guys than they care about actual human rights.

Chamale
Jul 11, 2010

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Fuschia tude posted:

At least requiring an election to intervene between Congress voting to up their own pay and it actually going into effect makes sense.

It makes sense, but they haven't abolished Congressional insider trading which is a much bigger problem. All the other amendments since 1933 have been tweaks to voting or the office of the President.

Chamale
Jul 11, 2010

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Liquid Communism posted:

Another fun, if out there, track to take is the 3rd Amendment. The government cannot, in fact, force you to quarter someone in your home. What is your argument that they should be able to do so with your womb, which is much more evidently yours than your home?

The 3rd only applies to soldiers. To resolve this problem, we need fetal conscription.

Chamale
Jul 11, 2010

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This talk of moving people into strategic districts presupposes that voting is your most important political tool, which it clearly isn't. Your vote is worth maybe $100 to a political party. Thanks to this Supreme Court, there's no limit to the amount of money the rich can spend influencing politicians.

Chamale
Jul 11, 2010

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moths posted:

It's an ego thing. Overturning would be the worst thing long-term for Republicans, but they can't just ... not do it.

They've got to leak that they 100% were totally for reals going to before oops something happened and now we can't.

I'm probably assuming the conservative justices are much smarter than they are.

Why do you think that winning a huge victory and giving their voters what they want would be bad for Republicans? Elections are won by making your base happy.

Chamale
Jul 11, 2010

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I hope the Democrats whose feckless incompetence caused this are happy with themselves.

Who am I kidding, they're ecstatic. They're going to raise so much loving funds from this and they aren't going to do jack poo poo.

Chamale
Jul 11, 2010

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Astro7x posted:

Had some unsettling thoughts on how states are going to start to justify banning contraception after SCOTUS overturns that one too.

Pills like Plan B are capable of stopping the release of an egg from the ovary. It can also prevent a sperm from fertilizing the egg. this would technically classify it as a form of birth control. Right? If fertilization does occur, Plan B may prevent a fertilized egg from attaching to the womb, which would be considered abortion. Since you never know if the egg is fertilized when the pill is used, then some extreme step must be taken to stop this from happening by banning contraception that works in this way.

On the flip side, Plan B can be used for either protection or murder, just like guns can be used for protection or murder!

It’s going to be a fun one…

They're not outlawing IVF, even though IVF involves creating multiple fertilized zygotes and discarding any others. There's no need whatsoever for logic, it's about controlling women not protecting babies.

Chamale
Jul 11, 2010

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It's important to document the undemocratic, oligarchic behaviour of the Roberts court. This year's rulings have made it explicit that SCOTUS is now a political body that makes decisions based on Republican policy, not precedent or intelligent legal analysis. Assuming good faith from the justices, or the politicians who appoint them, is fatally flawed. Any discussion of SCOTUS should acknowledge this reality, and it's an important question to consider what comes next. It's possible that the current situation will continue for some time, as Congress cedes more of its power to a non-elected body. The intended checks and balances don't work when Republicans in Congress care more about Republican power than they care about the power of the legislative branch. We can discuss the legal reasoning contained in these rulings as if they are legitimate thoughts from a Supreme Court functioning as intended, rather than the dictates of a tyrannical body that contradicts the will of the people, but to what end? As the Supreme Court is behaving in an extraordinary way, any discussion of it must be prepared for extraordinary discussion of what could happen if there were a serious push back against the court's power.

As such, I'm making the following point in good faith: Those are some dogshit probes and Cinci Zoo Sniper should be ashamed.

Chamale
Jul 11, 2010

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Magic Underwear posted:

It's against the laws of physics for an institution to decide to reduce its own power. It's like expecting an apple to reattach itself to the tree.

The Republicans in Congress are willing to let the legislature become completely dysfunctional, because they don't want a working government anyway, and they know that the Supreme Court lets them wield power regardless of what the voters think. (Democrats don't want a functional government either, but they care about the status quo.) If a scenario ever happens where somehow SCOTUS has a long-lasting liberal majority, but Congress is controlled by Republicans, watch how quickly it becomes important for the legislative branch to have power and the judicial branch to have none.

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Chamale
Jul 11, 2010

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I remember Michael Moore writing that Gore and Bush agreed with each other more often than not. Politics felt like lower stakes during the End of History, when America was destined to cruise into the prosperous future.

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