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Posted
1 minute ago, Satchel said:

What we are experiencing now won’t stop until we make significant structural changes to the  imbalance of power in our country. We can’t win playing by a set of rules and norms that nobody cares about but us.

Believe me, I am 100% on board with that, and its one of my biggest criticisms of the Democratic party.  

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Posted
6 minutes ago, BamaATL said:

Believe me, I am 100% on board with that, and it’s one of my biggest criticisms of the Democratic party.  

The founding fathers went to great lengths to ensure representation for the minority that included reasons that were both honorable and dishonorable. Today, it is reasonable to question if those protections don’t work to the express disadvantage of the majority. There’s a reason Republicans in Texas want to make it harder for popular ideas among its citizenry to flourish. They, along with the SC’s majority don’t give a rats ass about how their power grabs look to those who oppose them. It’s important to note that this POV seems to be working for them.

Posted

If anyone wants a real nightmare scenario, consider Trump winning in November and expanding the court to 13 justices so he could pick an additional four, including any replacements for those who might retire.

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Posted
4 hours ago, wildcat09 said:

We've been there for awhile already. We're going somewhere much worse now. 

Detroit?

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Posted
2 hours ago, TwiceHorn said:

Where the hell is the immunity decision?  Is this the end of the term?

I thought they announced they were extending the releases into July.

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Posted (edited)
3 minutes ago, BamaATL said:

Word is it will be out Monday.  

Just the tip of July. 

Edited by dcbc
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Posted
9 minutes ago, bolverk said:

If anyone wants a real nightmare scenario, consider Trump winning in November and expanding the court to 13 justices so he could pick an additional four, including any replacements for those who might retire.

That’s what Leonard Leo wants you to focus on and be frozen by fear of what your opponents may do in response to your being active. Leo will only need to replace Sotomayor, Alieto and Thomas and the cons will be set for the next 25 years. 

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Posted

If we don’t do something, it will only get worse:

 

At the Texas GOP,party convention, the state party changed its platform to call for a new requirement that candidates for statewide office must also win a majority of votes in a majority of Texas’ 254 counties to win office, a model similar to that of the U.S. Electoral College.

Under the proposal, the 4.7 million residents of Harris County would have the same voting power as the 64 residents of Loving County.

 

 

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Posted
If we don’t do something, it will only get worse:
 

At the Texas GOP,party convention, the state party changed its platform to call for a new requirement that candidates for statewide office must also win a majority of votes in a majority of Texas’ 254 counties to win office, a model similar to that of the U.S. Electoral College.

Under the proposal, the 4.7 million residents of Harris County would have the same voting power as the 64 residents of Loving County.

 
 

Sweet merciful Jeebus save us.
Posted
1 hour ago, Chad Fuck said:


Sweet merciful Jeebus save us.


‘similar’

they forget about the electoral votes being divided between states based on population 

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Posted
10 hours ago, SubliminalHorn said:

Oh I fully expect it to go trumps way because that’s just how it’s going to be. We’re fucked

If it does and Biden doesn’t immediately jail Trump and 4 justices anything that follows is his fucking fault

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Posted
2 minutes ago, SubliminalHorn said:

Congress could fix the chevron mess right? Pass a law about deferring to federal agencies yadda yadda yadda? 

Probably not.  However, it can fix it by passing operative legislation for agencies that is less ambiguous and gives them less discretion.  Fat chance.

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Posted
9 hours ago, tx 3 putt said:

The crazy judge in Amarillo is about to be busy ….

 

Chevron applies or applied mostly to agencies' statutory interpretations, and rulemaking pursuant to those interpretations, not to all agency actions.

The FDA enabling statute is this:

No person shall introduce or deliver for introduction into interstate commerce any new drug, unless an approval of an application filed pursuant to subsection (b) or (j) is effective with respect to such drug.

The mifepristone litigation sought to reexamine the factual findings of the FDA, not its statutory authority to regulate, which is pretty broad, as shown above.

Posted
Chevron applies or applied mostly to agencies' statutory interpretations, and rulemaking pursuant to those interpretations, not to all agency actions.
The FDA enabling statute is this:

No person shall introduce or deliver for introduction into interstate commerce any new drug, unless an approval of an application filed pursuant to subsection (b) or (j) is effective with respect to such drug.

The mifepristone litigation sought to reexamine the factual findings of the FDA, not its statutory authority to regulate, which is pretty broad, as shown above.

You’re 100% correct.

Do you think Amarillo boy will apply your thinking? Of course not.
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Posted

Always thought Chevron was wrongly decided. The “expert” issue is a red herring - special interest groups with as much expertise as you or me can poison the well at the regulatory level as much as at the judiciary level. There’s no real workable solution unless Congress gets its shit together which of course it won’t. 
 

Clarence Thomas is certainly in the running for worst judge of all time and he may have taken the lead by now. What a fucking evil man he is. 

Posted
1 hour ago, Brisketexan said:


Correct. None. Not even a little bit.

1) figure out how you can play the chaos to profit as much as you can.

2) buy plenty of ammo.

I’m getting the special popcorn when Trump wins and appoints 2 more Supremes even crazier than Uncle Thomas

its going to get a lot worse 

Posted
5 hours ago, TwiceHorn said:

Chevron applies or applied mostly to agencies' statutory interpretations, and rulemaking pursuant to those interpretations, not to all agency actions.

The FDA enabling statute is this:

No person shall introduce or deliver for introduction into interstate commerce any new drug, unless an approval of an application filed pursuant to subsection (b) or (j) is effective with respect to such drug.

The mifepristone litigation sought to reexamine the factual findings of the FDA, not its statutory authority to regulate, which is pretty broad, as shown above.

 

IMG_0882.jpeg

Posted (edited)
8 hours ago, MrX said:

Always thought Chevron was wrongly decided. The “expert” issue is a red herring - special interest groups with as much expertise as you or me can poison the well at the regulatory level as much as at the judiciary level. There’s no real workable solution unless Congress gets its shit together which of course it won’t. 

That’s so ridiculous I don’t know where to began. Asserting that congress can “get its shit together” to produce workable prescriptive legislation in areas of specialized expertise is as silly and fantastical as the idea that judges are in a better position to interpret legislation than actual experts appointed to regulatory posts.
OF COURSE expertise than be applied in all kinds of ways. That’s what the checks and balances around appointment and agency oversight are for. Good grief.

Edited by Bozo_Casanova
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Posted
8 minutes ago, Bozo_Casanova said:

That’s so ridiculous I don’t know where to began. Asserting that congress can “get its shit together” to produce workable prescriptive legislation in areas of specialized expertise is as silly and fantastical as the idea that judges are in a better position to interpret legislation than actual experts appointed to regulatory posts.
OF COURSE expertise than be applied in all kinds of ways. That’s what the checks and balances around appointment and agency oversight are for. Good grief.

Yes I totally said Congress would get its shit together. 

Posted
12 minutes ago, Bozo_Casanova said:

Thats not their shit to get together, legislation can’t do that. 

Legislation couldn’t codify Chevron?

Posted

Amy Coney Barrett Rips Supreme Court’s Absurd January 6 Ruling

Justice Amy Coney Barrett broke ranks with the conservative majority on the Supreme Court Friday, leveraging strong words against her colleagues for their interpretation of Fischer v. United States. After the court ruled 6–3 that the Justice Department overstepped in charging hundreds of January 6 rioters with obstruction, the Trump-appointed conservative judge used her dissenting opinion to tear apart the decision that would narrow all future obstruction charges, including potentially Trump’s.

https://mail.yahoo.com/m/folders/1/messages/AK1Jz8Nqn-JUZoDOLgHckNii_fk?.src=ym&reason=mobile

Noting that the court didn’t dispute the details of the case—namely that Congress’s joint session was an “official proceeding,” that the rioters delayed the proceeding, and that Joseph Fischer’s trespassing and brush-up with law enforcement during the ordeal was “part of a successful effort to forcibly halt the certification of the election results”—Barrett questioned why the court would question the “open and shut” obstruction case.

Because it simply cannot believe that Congress meant what it said,” she wrote, continuing to explain that the legal code for charging Fischer was a “very broad provision” and that, “admittedly, events like January 6th were not its target. (Who could blame Congress for that failure of imagination?)

 

“But statutes often go further than the problem that inspired them, and under the rules of statutory interpretation, we stick to the text anyway,” Barrett wrote. “The Court, abandoning that approach, does textual backflips to find some way—any way—to narrow the reach of subsection (c)(2),” referring to part of the statute used to charge Fischer for his actions on January 6.

In doing so, the court “failed to respect the prerogatives of the political branches” to punish illegal conduct that occurred on January 6, according to Barrett.

 

Posted (edited)
11 minutes ago, MrX said:

Legislation couldn’t codify Chevron?

If You’re asking legislation to be not just clear but prescient beyond interpretation or ambiguity on specialized technical areas, That’s absurd. 
If you are asking if a law could instruct the courts to defer. That would be a bad law. Its all situational.

Edited by Bozo_Casanova
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Posted

The judicial branch doesn’t have any power. Maybe it’s time for Biden to just flat ignore them. Let’s go dictator Biden!

We are fucked no matter what.

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