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SCOTUS BOWL 2018 SCOTUS BOWL 2018

07-11-2018 , 07:02 PM
Ironically, in immigration, judges are bitching at Congress because they haven't passed anything resolving the Flores settlement in over two decades so probably not the best example of the better world that awaits us post Chevon.
07-11-2018 , 07:09 PM
Quote:
Originally Posted by Lapidator
The alternative is a dictator executive branch, which is one of the left's favorite canards of the current executive.
unless it's "national security", then a dictatorial executive branch is ok.
07-11-2018 , 09:59 PM
Quote:
Kavanaugh noted that Rehnquist joined the high court in 1972, only a few months before the justices heard a challenge to a Texas law that made all abortions a crime, except those done to save the life of the mother. In Roe vs. Wade, along with Justice Byron R. White, Rehnquist “ultimately dissented from the court’s 7-2 holding recognizing a constitutional right to abortion,” Kavanaugh said.

The Bill of Rights did not include an explicit right to abortion, and Rehnquist believed a new, “unenumerated” right should gain constitutional status only if it was “rooted into the traditions and conscience of our people. Given the prevalence of abortion regulations both historically and at the time, Rehnquist said he could not reach such a conclusion about abortion,” he said.

Rehnquist’s dissent in Roe vs. Wade said “the states had the power to legislate with regard to this matter,” he added.
Yeah, Row v Wade is gone

Quote:
He “fervently believed the Supreme Court had taken a wrong turn in the 1960s and 1970s… in a number of sweeping rulings of the Warren Court” that expanded rights for criminal defendants, Kavanaugh said. He cited as examples the 1961 decision in Mapp vs. Ohio, which called for excluding evidence that arose from an illegal search, and the 1966 decision in Miranda vs. Arizona, which said police must warn suspects of their right to remain silent and to consult with a lawyer.

“Perhaps his most vehement objection… concerned the exclusionary rule,” Kavanaugh said. “This judge-created rule, in Rehnquist’s view, was beyond the four corners of the 4th Amendment’s text and imposed tremendous costs on society.” He did not succeed in overruling it, Kavanaugh noted, and not many are calling for a change today, “given its firmly entrenched position in American law.”
Well if the founders wanted the police to do whatever they want, then that's that.

http://www.latimes.com/politics/la-n...11-story.html#
07-11-2018 , 10:56 PM
Can't imagine any problem doing away with the exclusionary rule.
07-12-2018 , 02:02 AM
This seems like a good way to slow the confirmation process:

07-12-2018 , 02:41 AM
Quote:
Originally Posted by Dominic
This seems like a good way to slow the confirmation process:

Anyone know how this works? I'm assuming the Republicans can just say LOL F U which they will. Plus Schumer is a weak **** and would never attempt this.

Though I guess if they get a handful of republicans to agree for the review it could work. All around seems very unlikely. I'd like them to try though.

Last edited by StimAbuser; 07-12-2018 at 02:55 AM.
07-12-2018 , 07:36 AM
Perhaps the Democrats should not want the confirmation fight to continue into October/November right before the election.

IMO, at this point, I think the Democrats should prioritize keeping as many Senate seats as possible. The real fight will be when RBG leaves the court within the next couple of years.
07-12-2018 , 08:37 AM
Quote:
Originally Posted by Lapidator
Perhaps the Democrats should not want the confirmation fight to continue into October/November right before the election.

IMO, at this point, I think the Democrats should prioritize keeping as many Senate seats as possible. The real fight will be when RBG leaves the court within the next couple of years.
This sounds like a Fox News Hot Take(TM)
07-12-2018 , 09:34 AM
Quote:
Originally Posted by simplicitus
This sounds like a Fox News Hot Take(TM)
IDK...

Watching the DNC self-immolation over frat boy Brett will make for great TV.

Over/under on how many times Speaker Pelosi gets his name wrong or forgets it altogether?
07-12-2018 , 09:42 AM
Minority Leader Pelosi is in the House, which isn't involved in judicial confirmations.
07-12-2018 , 09:49 AM
Quote:
Originally Posted by Money2Burn
Yesterday’s weeds episode goes so hard againt Kavanaugh. I’ve never heard Yglesias go that hard against anyone.
yeah, just listened to it. It was brutal and I'm sure if a deplorable heard it the response would just be "lol the libz are triggered" but it wasn't just brutal in tone, it was brutal as a factual takedown.
07-12-2018 , 10:00 AM
Ygelsias' transition from centrist to leftist is nearly complete

Quote:
While it’s certainly true that a few important remnants — most notably, some semblance of a legal right to abortion — of that old debate remain relevant, the real debate in the American judiciary is whether the Constitution allows the people’s elected representatives to meaningfully regulate the national economy.

Kavanaugh clearly believes it does not: He has called the existence of independent regulatory agencies — notably including the Consumer Financial Protection Bureau but potentially the entire alphabet soup of FCC, FTC, CFTC, SEC, FEC, etc. — a “threat to individual liberty.”

But rather than debate this squarely, we are instead faced with grifters like Kavanaugh’s former boss Ken Starr insisting in the pages of the Washington Post that Kavanaugh stands for nothing more than a simple “pro-democracy, let-the-people-govern-themselves vision.” The truth is quite the opposite — Kavanaugh’s vision, which he shares with Starr and the bulk of the conservative legal academy, is one in which the courts should stand as staunch allies of capital and block any effort at democratic control of big business.

The notion that Kavanaugh holds a pro-democracy vision is what the Post put in Starr’s headline, but the full sentence makes it clear that the former special prosecutor is running a shell game. Starr’s claim is not that Kavanaugh believes in deference to the elected branches of government and will be reluctant to strike down laws as unconstitutional. Rather, what Starr argues (emphasis mine) is that Kavanaugh’s “pro-democracy, let-the-people-govern-themselves vision has been evident in his incisive questioning of the modern-day judicial emphasis on courthouse deference to administrative agencies.”


In short, Starr praises Kavanaugh for favoring judicial activism in pursuit of a light-touch regulatory agenda.
With a shout out to Chevron

Quote:
The way the American political system works is that passing laws is clunky and difficult. Between bicameralism, the presidential veto, the committee system, and the filibuster, it’s just very hard to get new legislation enacted. At the same time, the business world moves fast to try to exploit profit-making opportunities. So if you want to regulate business effectively, you can’t play legislative whack-a-mole and spot abuses in real time. What reformers do instead is try to create regulatory agencies that are given broad mandates to police areas of conduct.

A classic example is the Clean Air Act, which charges the Environmental Protection Agency with identifying forms of harmful air pollution and promulgating rules to cost-effectively reduce it, rather than counting on Congress to pass new laws every time science or business practice changes. To make this system work, judges need to show deference to the regulatory agencies and acknowledge that the congressional reformers who created them wanted the agencies to have some flexibility and discretion. Kavanaugh, as Starr correctly observers, does not believe that this deference should be granted. This is a crucial aspect of his judicial philosophy, and Starr is right to call attention to it.
https://www.vox.com/2018/7/12/175575...-supreme-court

Last edited by Huehuecoyotl; 07-12-2018 at 10:08 AM.
07-12-2018 , 10:01 AM
Quote:
Originally Posted by simplicitus
Minority Leader Pelosi is in the House, which isn't involved in judicial confirmations.
Like that is going to stop her...

And anyway, she'll always be Speaker.
07-12-2018 , 10:05 AM
WTF are you talking about?
07-12-2018 , 10:07 AM
Messing up who's the Senate Minority Leader and who's the Minority Leader of the House of Representatives to own the libs
07-12-2018 , 10:12 AM
Quote:
Originally Posted by Huehuecoyotl
Ygelsias' transition from centrist to leftist is nearly complete
Looks like good ole neoliberalism to me (j/k, but not really*). Whatever it is, it's absolutely correct and it's pathetic that you need a guy with an undergrad philosophy degree who has read some books to explain to Yale and Harvard law profs how Kavanaugh's legal philosophy actually works.

Spoiler:
*Ygelsias has an ongoing tic about how "neoliberablism" is merely a term of derision people apply to whatever they find distasteful, much like hipster. Neoliberal could easily mean supporter of a regulatory state that seeks to advance the welfare of all citizens while believing that the free market should not be unduly interfered with.
07-12-2018 , 10:24 AM
Quote:
Originally Posted by Huehuecoyotl
Messing up who's the Senate Minority Leader and who's the Minority Leader of the House of Representatives to own the libs
No actually. I'm talking about Speaker Pelosi (fake it until you make it, LDO) on TV dousing the DNC in political gasoline.

One might think that losing 4-5 senate seats this year would make for a terrible plan when you remember that RBG is probably as much as 33% likely to leave SCOTUS before 2020. Especially when the fight against Kavanaugh has a very low probability of success.

2018 Senate races are going to be 100% about turnout. In this case, if turnout is relatively low, it will mean that Republicans are not motivated, and DNC candidates will win. The assumption here is that the DNC will be able to whip up as many voters as is realistically possible already given that it is not a POTUS year. So provoking GOP voters is most likely a losing strategy -- especially if you don't win by taking down Kavanaugh in the process.

Last edited by Lapidator; 07-12-2018 at 10:30 AM.
07-12-2018 , 11:09 AM
Quote:
Originally Posted by Lapidator
IDK...

Watching the DNC self-immolation over frat boy Brett will make for great TV.

Over/under on how many times Speaker Pelosi gets his name wrong or forgets it altogether?
def need to listen to this guy, he is knowledgeable and clearly has the best interests of the D party in mind

edit:

Quote:
Originally Posted by Lapidator
Like that is going to stop her...

And anyway, she'll always be Speaker.
rofl
07-12-2018 , 11:28 AM
Quote:
Originally Posted by Lapidator
IDK...

Watching the DNC self-immolation over frat boy Brett will make for great TV.

Over/under on how many times Speaker Pelosi gets his name wrong or forgets it altogether?
hall of fame post right here
07-12-2018 , 11:55 AM
hey now he plays live low stakes and speaks percentages, he's a logic wizard
07-12-2018 , 11:56 AM
Quote:
Originally Posted by simplicitus
Looks like good ole neoliberalism to me (j/k, but not really*). Whatever it is, it's absolutely correct and it's pathetic that you need a guy with an undergrad philosophy degree who has read some books to explain to Yale and Harvard law profs how Kavanaugh's legal philosophy actually works.

Spoiler:
*Ygelsias has an ongoing tic about how "neoliberablism" is merely a term of derision people apply to whatever they find distasteful, much like hipster. Neoliberal could easily mean supporter of a regulatory state that seeks to advance the welfare of all citizens while believing that the free market should not be unduly interfered with.
I still think a lot of liberal elites haven't come around the how crazy Republicans are and still hold out for some kind of moderating Grand Bargain. Yglesias is just ahead of the curve in realizing how serious Republicans actually are and what's it's actually going to take

Last edited by Huehuecoyotl; 07-12-2018 at 12:13 PM.
07-12-2018 , 12:56 PM
Quote:
Originally Posted by Huehuecoyotl
I still think a lot of liberal elites haven't come around the how crazy Republicans are and still hold out for some kind of moderating Grand Bargain. Yglesias is just ahead of the curve in realizing how serious Republicans actually are and what's it's actually going to take
Yup, I think this is 100% correct. The only issue I would have is providing an explanation via fallback on the ole (quasi-Marxist) corporatist shills claim. I think that's maybe 33% of it and doesn't often enough track with individual motivations. I think tribalism, careerism, provincialism, evangelicalism, and racism are at least as significant, though the specific influence varies a lot between individuals and groups. And also, Trump and the GOP play to the gut, not the mind. They are human beings from 100k years ago acting in line with their instincts, which are often significant influence on "intellectual" conclusions. Infomation and intellectual scrutiny are the enemies.

I mean supporters of the Nazi party were not all people who just happened to arrive at the same policy positions re national socialism--there were many different influences. The lack of intellectual sincerity in the GOP is key, though, and Bush and Trump and their todies have shown that rational arguments are merely props, like the money-laundering donut shop where donuts sold represent 5% of the funds they end up depositing at the bank.
07-12-2018 , 05:20 PM
Just popping in to note that while I haven't the foggiest clue what the real scam/vice Kavanaugh has going on in his personal life, there ain't no ****ing way the dude racked up six figures of debt ****ing Nationals baseball tickets. He probably just likes to bet the ponies or has an expensive girlfriend or whatever mildly depraved thing pasty middle aged white guys blow their money on and then try to cover up when scrutinized, but we can't discount some massive financial chicanery wherein Kavanaugh is the personal beneficiary.
07-12-2018 , 05:35 PM
Quote:
Originally Posted by Huehuecoyotl
I still think a lot of liberal elites haven't come around the how crazy Republicans are and still hold out for some kind of moderating Grand Bargain. Yglesias is just ahead of the curve in realizing how serious Republicans actually are and what's it's actually going to take
Quote:
Originally Posted by simplicitus
Yup, I think this is 100% correct. The only issue I would have is providing an explanation via fallback on the ole (quasi-Marxist) corporatist shills claim. I think that's maybe 33% of it and doesn't often enough track with individual motivations. I think tribalism, careerism, provincialism, evangelicalism, and racism are at least as significant, though the specific influence varies a lot between individuals and groups. And also, Trump and the GOP play to the gut, not the mind. They are human beings from 100k years ago acting in line with their instincts, which are often significant influence on "intellectual" conclusions. Infomation and intellectual scrutiny are the enemies.

I mean supporters of the Nazi party were not all people who just happened to arrive at the same policy positions re national socialism--there were many different influences. The lack of intellectual sincerity in the GOP is key, though, and Bush and Trump and their todies have shown that rational arguments are merely props, like the money-laundering donut shop where donuts sold represent 5% of the funds they end up depositing at the bank.
I thought I would just be here to note my skepticism about Kavanaugh's baseball ticket habit, but this one caught my eye.

If it's any comfort, the likely apex of the American Fourth Reich isn't the genocide of racial minorities but the erosion of the basic functions of democracy to facilitate rent seeking and resource extraction for the benefit of billionaires.

Now don't get me wrong, the same people will certainly fund an increasingly militarized class of cops and other official goons to beat the **** out of black people and imprison immigrant babies and the like, I ain't paintin' rainbows over here, but I maintain the principle motivating factor of the elites is to perpetuate The Grift Economy. That is to say, I think you get this subtly and slightly backwards. The dogwhite racists and white supremacists are deeply sincere to their core. While they are certainly many liars and charlatans in the ranks, they start with sincere priors beyond immediate financial self-interest. Say what you will about the tenants of America's tens of millions of angry grandpas whose main concern with the future of America is Why Do These Young Bucks Not Pull Their Pants Up, but at least it's an ethos, man.

The persistent lack of intellectual sincerity and bad faith arguments we see everywhere are not primarily from future Nazis, although surely they sometimes embrace the style. But the primary authors and protectors of perpetual bad faith were and remain part of a now generations' long figurative Discourse filibuster to assist in the fleecing. The Discourse was the liberals cherished plaything and the right-wingers and elites figured out long ago that they could simply be the class clowns and troll everyone into submission while technocrats and West Wing fans try desperately to drag them into some sort of mythical pluralist consensus because of how much liberals fetishized elite buy-in. Bad faith and insincerity is just Weaponized The Discourse, just the tool the more cynical and unscrupulous types unleashed to keep liberals busy while they got down to business, unleashing tons of cons and scams. That liberals, pundits, naive elites, and whoever else paid any attention at all from **** like Trick Down Economics and School Choice and Payday Loan Solutions for Unbanked Communities to Charles Murray's race theories to The Iraqi War For Freedom, really the entire panoply of right-wing bull**** over the last 50 years or whatever -- that was really all the audiences' fault for taking it seriously. America's class of racist grandpas and neo Nazi incel 4channers and YouToobers, they're really the ones with their hearts in this. The total insincere, bad faith bull**** perpetuated by America's right-winger elites is just to keep liberals and The Vox types busy with Explainers and Data Journalism about why yet again this flippant right-wing bull**** is totally inane and barely coherent, instead of encouraging everyone to pick up rocks and start throwing them at billionaires and their property. Put differently: Paul Ryan is a Serious Tax Policy Wonk is utter bull**** but it's much better dicking around debating the merits of that kind of nonsense than "hey should we buy into a political and economic system in which billionaires get everything?" And if keeping a straight face for long enough to say "Paul Ryan Serious Tax Policy Wonk" is the ruse they have to do to keep you entertained thinking about that instead of "hey should we just seize all of Elon Musk's stuff?", then that's what they'll do.

Last edited by DVaut1; 07-12-2018 at 06:02 PM.
07-12-2018 , 05:37 PM
Quote:
Originally Posted by DVaut1
Just popping in to note that while I haven't the foggiest clue what the real scam/vice Kavanaugh has going on in his personal life, there ain't no ****ing way the dude racked up six figures of debt ****ing Nationals baseball tickets. He probably just likes to bet the ponies or has an expensive girlfriend or whatever mildly depraved thing pasty middle aged white guys blow their money on and then try to cover up when scrutinized, but we can't discount some massive financial chicanery wherein Kavanaugh is the personal beneficiary.
It's odd that he has any debt at all. He's one of the most prominent circuit judges in the country and he's (relatively) poor. Where's all the book/teaching/lecture money all the other judges get?

      
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