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axeil
Feb 14, 2006

Evil Fluffy posted:

Did you let them know your Ouja point pointed to an F for their grades?

Should do this

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axeil
Feb 14, 2006
So what would've happened had this been heard when the Court still had 9 members? What was the case actually about?

axeil
Feb 14, 2006

quote:

a million explanations

Ah thanks guys. As a former public sector union employee this makes a lot of sense. Didn't know the whole reason this case went forward is someone argued all actions of a public sector union were political actions, which seems like an insane argument to me. By that same logic, are all actions of a government contractor political actions? I mean they're getting paid with public funds after all.

axeil
Feb 14, 2006

Mr. Nice! posted:

That's the ultimate goal of the people litigating this against the unions.

That seems like an insane/terrible endgoal. The government buys lots of things from lots of companies. Are people going to argue with a straight face that "random lightbulb supply company" is making a political action when they sell a bunch of lightbulbs to some office in DC?

axeil
Feb 14, 2006

Platystemon posted:

It was a 9‐0.

Obstructionism is really dumb, but maybe Congress is in the right here, legally speaking.

Yeah, the issue is the Constitution doesn't really have a remedy for "acting in bad faith."


Well I guess you could impeach people but iirc, only the Legislature can do impeachment so you'd have to have it impeach itself.

axeil
Feb 14, 2006

That's really surprising. Could SCOTUS now have decided they don't like Heller vs DC and want a re-do?

axeil
Feb 14, 2006

Mr. Nice! posted:

Even if the SCOTUS issues an injunction compelling action there is no one to actually compel the president to act. Historically presidents have followed the orders of the court, but Trump probably won't and there's no enforcement mechanism behind it besides impeachment.

Didn't this happen to Andrew Jackson and he just laughed and kept on doing whatever the gently caress he wanted?

axeil
Feb 14, 2006
Well this is fun.

https://twitter.com/mcpli/status/958787095354540033

axeil
Feb 14, 2006
Legal folks, any merits to this tea leaf reading or is it a bunch of crap?

The Muppets On PCP posted:

ian millhiser possibly reading a little too much into scotus not expediting the partisan congressional gerrymandering case in nc

https://twitter.com/imillhiser/status/960972145210863616

https://thinkprogress.org/ginsburg-sotomayor-signal-partisan-gerrymandering-f24d049cdab4/

quote:

Unfortunately for opponents of gerrymandering, the order handed down by the Supreme Court on Tuesday denied this request to expedite the case. As a practical matter, this means that the case is likely to be heard next term — too late to prevent North Carolina’s gerrymandered maps from being used in the 2018 midterms.

What’s especially interesting about Tuesday’s order, however, is that Justices Ruth Bader Ginsburg and Sonia Sotomayor both dissented. They would have granted the request to hold an expedited hearing in Rucho.

If Ginsburg and Sotomayor know that the Court is about to uphold the Wisconsin gerrymander, it is very unlikely they would want to place another partisan gerrymandering case on the Court’s docket. Ginsburg and Sotomayor are probably the most liberal members of the Supreme Court. If Whitford is going to end in a loss for them, they would not want to compound that loss by taking up another, similar case.

But if Ginsburg and Sotomayor know that the Wisconsin gerrymander is going down — and that the Court is about to usher in a legal revolution that will sweep away many unconstitutional gerrymanders — then they most likely will want that revolution to move swiftly. The most likely reason why they would want the North Carolina case to be heard on an expedited basis is because they know that they won Whitford, and they want to win Rucho fast enough for it to matter in 2018.

axeil
Feb 14, 2006

Main Paineframe posted:

The Trump news today is gonna be goooooooood

https://mobile.twitter.com/businessinsider/status/986254212060282880
https://mobile.twitter.com/jimsciutto/status/986252077109309442

The case is Sessions v. Dimaya. Kagan wrote the opinion with the other three liberal justices signing on to it, while Gorsuch concurred.

Gorsuch: The Secret Liberal would be a hilarious outcome

axeil
Feb 14, 2006
Does the sports gambling decision re-legalize online poker or is this limited in scope?

axeil
Feb 14, 2006

Mr. Nice! posted:

The decision threw out PASPA. Online poker is restricted by the UIGEA (unlawful internet gambling enforcement act).

Ah okay. I was just wondering if the same logic that threw this out would apply there/to other gambling bans

axeil
Feb 14, 2006

evilweasel posted:

And the extra fun part is the will he or won't he speculating about Kennedy retiring once the term is over!

I honestly think if Kennedy retires it'll be the end of the Republic.

axeil
Feb 14, 2006
Is it now legal for me to open a shop and refuse to serve Christians based on my "deeply held" religious beliefs?

Because if so every company in America should do this. loving SCOTUS.

axeil
Feb 14, 2006

evilweasel posted:

They specifically wanted to challenge the map as a whole and have a clear rule for "no, gerrymandered", because requiring district-by-district challenges allows for Texas-style replacing illegal districts with new illegal districts over and over again so that there are never legal districts.

This logic always seemed insane to me. If one district is cracked/packed by definition you have to pack/crack another district to allow it to occur. District borders are all relative to each other.

axeil
Feb 14, 2006

Party Plane Jones posted:

I'm not sure how the gently caress you would even redraw HD90 without impacting other districts. It's a really odd decision to go 'well only this one is bad sayonara suckers'

Stickman posted:

It also makes no sense because "gerrymandering" is by goddam definition a property of the geographic and demographic relationships between several districts. Saying "District A is gerrymandered" makes colloquial sense in that the relationship with other districts is implied, but any sensible legal definition would have to consider more than one district simultaneously.

We have the worst (5/9ths) of a SC.

This. It's why their decisions on gerrymandering blow my mind. If one district is gerrymandered, at minimum one other must be as well as districts don't work in a vacuum.

The Supreme Court is so goddamned useless, my god.

axeil
Feb 14, 2006
#packthecourt

axeil
Feb 14, 2006

Groovelord Neato posted:

if they're gonna be a shithead can they at least be consistent. they can't say the omission used animus in its decision to strike it down and then not use the same reasoning with trump.

scalia used to do that poo poo but at least he had the excuse it was in different years.

this was a loving week apart.

axeil
Feb 14, 2006
Charging feed to non-members was the compromise made to restrict labor's ability to strike. That deal has now been rescinded. There should be a general strike in retaliation.

axeil
Feb 14, 2006

UberJew posted:

while ideal, please remember that general strikes are illegal and this is a country that is thoroughly in love with mass incarceration before judging unions for not doing so

Everyone just "gets sick" mysteriously one day. And it's a real bad illness, probably won't be a week or so till they're back on their feet.

Goal accomplished without anyone technically breaking the law.

axeil
Feb 14, 2006

Unzip and Attack posted:

This is kind of my point. The way things are now and for the foreseeable future, any vacancy nets the GOP a potential Scalia disciple while at best we get a Sotomayor, who while progressive isn't willing to poo poo on the Constitution for partisan gain.

Even when we "win" it's a rearguard action to attain small victories, few and far between. The rest of the time it's full-on fascism speed run.

That's why this is all so demoralizing. Our victories are just "we were not completely wiped out and are still able to fight" while their victories are "we abolished gay rights and labor organizing"

Rear-guard actions aren't cutting it.

axeil
Feb 14, 2006
Evil has won

axeil
Feb 14, 2006

Cheesemaster200 posted:

The liberals on the court are any better? Literally every one of Sotomeyer's dissents or opinions is a rant on the underlying policy with little to nothing on legality or constitutionality. Ginsberg is not far behind, though she at least tries to make a (stretched) legal argument on matters. Kagan and Kennedy and Roberts are the only ones who seem capable of evaluating the legal merits of their cases, and not just the effects their decisions will have on legislative or executive policy. The real loss with Kennedy is that he added some legitimacy and premise of neutrality to the institution; now it will turn more into an un-elected version of congress.

The problem with the Supreme Court is the same problem with the Presidency. Government is becoming more about absolute control of institutions and less about compromise. Most of what the goes before the Supreme Court are attempts to invalidate or create laws which should originate from the legislature. Most of what Trump and Obama previously did through executive action should have originated from the legislature. All that compromise is becoming too hard on everyone's ideals and unwillingness to negotiate with the enemy, so we try to attain absolute control over institutions that bypass the process.

we basically are in the crisis of the end of the roman republic where nothing could be accomplished because everyone vetoed everything.

the only question is who our octavian is.

axeil
Feb 14, 2006

How bad is it?

My expectation was the corpse of Justice Taney so I have pretty dismal priors.

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axeil
Feb 14, 2006

evilweasel posted:

it's the most "trump is immune from the law" pick he could find

Well gently caress.

Probably should go back to avoiding D&D for my own mental health.

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