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The Supremes


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1 hour ago, Willfully Horn said:

Public education is the work of the debil. I think the fundamentalists go after public schools, for every known gender, next.

When’s the court packing happening?

Just need better sex ed

 

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Texas is bigger and meaner than Mississippi and will not be outdone by those hillbillies:

As legislation that would ban abortions after as early as six weeks — before many women know they are pregnant — heads to Texas Governor Greg Abbott, hundreds of lawmakers and doctors are condemning the measure they say is purposely cruel.

Senate Bill 8, a Republican priority measure, bans abortions after a fetal heartbeat can be detected without specifying a time frame. Even further, the bill would virtually allow any private citizen to sue abortion providers and those who help someone get an abortion after six weeks.

https://www.kxan.com/news/texas-politics/texas-fetal-heartbeat-bill-expected-to-become-law-but-is-it-really-a-heartbeat-at-6-weeks/

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7 minutes ago, Fudge Nuggets said:

They have had 33 days of arguments since ACB was sworn in.  I didn't think it was possible to find a group that works less than Congress, but here we are.

Oral arguments represent about 20% tops, probably more like 10% of the work of the Supreme Court.

To your point though, Barrett was confirmed in October 2020.  Only 3 of the 20 reschedulings/relistings occured prior to that.

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Texas house just passed bill banning abortion after six weeks. Guess how many girls know they’re pregnant after six weeks? Before a genius chimes in with but what about no getting their period. Many girls don’t get a regular period. 

The Democrats should try to amend it and call for the death of the father (if known) or one male relative of the pregnant woman (if father unknown) in the event the resulting pregnancy results in the death of the mother in childbirth.

Ya know - so men can share the risk.
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2 minutes ago, Gatorubet said:


The Democrats should try to amend it and call for the death of the father (if known) or one male relative of the pregnant woman (if father unknown) in the event the resulting pregnancy results in the death of the mother in childbirth.

Ya know - so men can share the risk.

Even better, amend it so the government guarantees and pays for care until the unwanted child is 18. 

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44 minutes ago, Neonmoon said:

Even better, amend it so the government guarantees and pays for care until the unwanted child is 18. 

Isn't that the churches job.  Maybe there can be some kind of law that churches have to pay X amount for unwanted children in their area or they lose their tax exemption.  

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43 minutes ago, Beantown Express 2.0 said:

Isn't that the churches job.  Maybe there can be some kind of law that churches have to pay X amount for unwanted children in their area or they lose their tax exemption.  

Nope, make them 25% responsible for all costs associated with the child until they turn 18.  Let's see just how Christian the are.

(Narrator:  they're not....at all.)

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12 hours ago, JimmyJames said:

I think it’s basically impossible at this point to predict what the Supreme Court will ultimately do other than whatever they decide will make abortions more difficult to get. How far they go is a total unknown. 
 

The Republican Party doesn’t really want to overturn Roe because then a significant chunk of it no longer has a reason to come out and vote unless the Republican Party starts passing more Jim Crow type laws. 

 

9 hours ago, ChiTownDoc said:

Even if they totally gut Roe V Wade, they won’t overturn it due to optics - except for the 3 or so on the far right.  So it may be over in reality but how it’s rolled out won’t rile up the base on the left - that’s their hope.  I think the blowback is gonna crush what’s left of the R party but let’s see.  Packing the courts becomes a much more real thing if they go here...

There will be substantial blowback from the left and the center, although I don't think the right will just declare mission accomplished either. There will be much at stake on both sides, legislatively speaking, at both the state and federal level. 

I don't think the Republicans could ever ban it nationwide, but they will be able to turn out the base by claiming the Dems will legalize it without restrictions. Some kind of grand bargain will become the next legislative unicorn, kind of like immigration reform, for many future Democratic presidents to run on.

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12 minutes ago, WhatTheBuck said:

What do you think would replace the NCAA?

Whatever it is will need an antitrust exemption.  I don't think college sports can be "regulated" without concerted action.  And that's going to be a prima facie antitrust violation every time.  And any assumption that "preservation of college sports" or "amateurism" will supply the needed business justification seems to be out the window.

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5 hours ago, TwiceHorn said:

Whatever it is will need an antitrust exemption.  I don't think college sports can be "regulated" without concerted action.  And that's going to be a prima facie antitrust violation every time.  And any assumption that "preservation of college sports" or "amateurism" will supply the needed business justification seems to be out the window.

Every NCAA rule is voted on by the member schools. They’re not an external power. They are the schools. Any governing body that replaces the NCAA will be the NCAA and everyone will still bitch about them.

I’m not a lawyer and don’t have the expertise to talk about antitrust in a legal sense. But I’m a fan of the trust-busting Teddy Roosevelt who created the NCAA. I also think one of the best things Ronald Reagan did was to bust up Ma Bell. I don’t know how that applies to the NCAA. Or the conferences. Or why there’s a Longhorn Network and not a Big 12 Network. But I know my football history and why the Big Ten Conference was created before the NCAA was so everyone could agree upon and play by the same rules.

And tOSU should get their 2010 record back since we’ve decided that trading jerseys and shoes for cash and tattoos is perfectly fine. 

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14 minutes ago, WhatTheBuck said:

Every NCAA rule is voted on by the member schools. They’re not an external power. They are the schools. Any governing body that replaces the NCAA will be the NCAA and everyone will still bitch about them.

I’m not a lawyer and don’t have the expertise to talk about antitrust in a legal sense. But I’m a fan of the trust-busting Teddy Roosevelt who created the NCAA. I also think one of the best things Ronald Reagan did was to bust up Ma Bell. I don’t know how that applies to the NCAA. Or the conferences. Or why there’s a Longhorn Network and not a Big 12 Network. But I know my football history and why the Big Ten Conference was created before the NCAA was so everyone could agree upon and play by the same rules.

And tOSU should get their 2010 record back since we’ve decided that trading jerseys and shoes for cash and tattoos is perfectly fine. 

That's pretty accurate regarding the NCAA and any successor organization, and why it probably needs an antitrust exemption, although it should probably be a narrow one.

I think most people kind of assumed that it had a "de facto" exemption, but that notion has been turned on its head the last few days.

Antitrust law is weird.  It's doctrinal foundations are pretty shaky and rooted in the notion that the Standard Oil type trusts were bad.  And they were, and most of the illegal things they did were illegal before the antitrust laws.

So, with no foundation, they've shifted around between protecting "competition," whatever that is, competitors, or consumers, or markets, or now market participants in the form of players, who are neither competitors nor consumers.

What constitutes an agreement in restraint of trade in violation of Section 1 of the Sherman Act has always been pretty clear.  Whether that agreement SHOULD be a Sherman Act violation is a different deal and so are the actual and potential justifications that would make it legal have varied pretty wildly.

 

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On 6/21/2021 at 10:06 AM, wildcat09 said:

This is probably the beginning of the end of the NCAA.

The NCAA has a legal monopoly on professional football players in the prime years of their adult athletic careers right now.

18-21 year old NFL level talented athletes do not have options in America to earn a living playing football.  They’d have to leave the country or play in NCAA for a “scholarship.” It’s a fucked up system when you think about it. 

Edited by Hugo Stiglitz
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15 minutes ago, tx 3 putt said:

this is America, The Supremes ruled on a cheerleader suspension. 

the ultimate Karen justice : I WANT TO SPEAK TO THE SUPREME COURT !!!!

My fave part was Breyer put the whole text in his opinion, unredacted.  That shit will now be apart of SCOTUS history forever. 

Fuck school fuck softball fuck cheer fuck everything.

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Dumb question amnesty:

Aside from plaintiffs financial and other claims in private/corporate/employment matters, how does this ruling affect a plaintiff who has brought grievance due to voter suppression efforts or is that not anything remotely related in cases such as this? "Harm" is "concrete" defined as how? The poll worker shoots and kills the voter is the only thing that counts?

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10 minutes ago, Mrs Whiggins said:

Dumb question amnesty:

Aside from plaintiffs financial and other claims in private/corporate/employment matters, how does this ruling affect a plaintiff who has brought grievance due to voter suppression efforts or is that not anything remotely related in cases such as this? "Harm" is "concrete" defined as how? The poll worker shoots and kills the voter is the only thing that counts?

"Concrete harm" is defined however 5 justices on the Court want to define it in order to dispose of a case the way they want.

I don't think this will primarily affect voting cases though. It's an absolute disaster for privacy though and a direct assault on Congress' ability to create new statutory rights for Americans. 

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42 minutes ago, wildcat09 said:

SCOTUS was so bad today that even Clarence called them on their bullshit:

 

 

I'm going to guess that, due to Clarence's penchant for jurisprudence rooted in personal grievance, he has had problems with his credit report in the past.

Edited by TwiceHorn
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Just now, TwiceHorn said:

I'm going to guess that, due to Clarence's penchant for jurisprudence rooted in personal grievance, that he has had problems with his credit report in the past.

Look at you, you sound like a legal realist.

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SCOTUS says nah on a trans bathroom dispute, which is a win for trans students.  GOP gonna be BIG MAD at Trump's 3 justices, again. 

Only Thomas and Alito wanted to hear the case. 

 

 

 

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You have to kind of respect Thomas. All the others pretend to adhere to different shades of a bullshit theory of law; Thomas basically comes right out and says "the law should be what I think it should be, regardless of what is written down." It's so refreshing. 

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That or the nonprofit reporting requirement.  That one will likely come out before Brnovich.  If Roberts has the first, we are truly fucked.

And then it would be even worse if they followed up an Alito Brnovich decision without announcing a Breyer retirement (usually happens on the last opinion day).

Thursday is truly going to be great or awful.  No in between. 

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4 minutes ago, Js1 said:

That or the nonprofit reporting requirement.  That one will likely come out before Brnovich.  If Roberts has the first, we are truly fucked.

And then it would be even worse if they followed up an Alito Brnovich decision without announcing a Breyer retirement (usually happens on the last opinion day).

Thursday is truly going to be great or awful.  No in between. 

Count on awful.

If we're very lucky, Breyer will retire after the next term. If he's still on his bullshit about how judging isn't partisan, we're doomed.

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And 6-3 that California requiring disclosure of donors violates the First Amendment. 

Voting rights lose, dark money wins.

Congrats to everyone who sat out 2016 or voted against Hillary because reasons. 

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3 minutes ago, Js1 said:

Let's not forget all those HOT TAKES that we have a non-ideological 3-3-3 court.

No we don't.  It's 6-3.  They proved that today. 

I've always been a center-lefty technocrat at heart, but absolutely nothing pills me more than these fucking dips who pretend "AKSHUALLY OUR INSTITUTIONS ARE GREAT, THE LEFT IS OVERREACTING AND WE SHOULDN'T ROCK THE BOAT" simply because they're auditioning for a permanent spot in the NY Times op-ed pages. I hate them almost as much as I hate the fucking nazis. 

This is the real death of democracy. When we write the history of how America died, if we blame it on Trump we'll be lying. If we blame it on Mitch McConnell, we'll be lying. If we blame it on GOP megadonors, we'll be lying. There will be plenty of blame to go around, but most should fall on the shoulders of John Roberts and everyone who enabled his barely disguised assault on the foundations of our democracy and argued against fighting back.

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