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SE Hoya Containment Thread (aka Politics) SE Hoya Containment Thread (aka Politics)

02-08-2017 , 12:51 AM
Quote:
Originally Posted by MEb
Convincing Americans that Health Savings Accounts are the key to solving healthcare is a great way to make sure that only the extremely wealthy can afford healthcare. Seems a little shortsighted by the Republicans, they need to make sure some of the plebs stay alive.
Bernie did a really solid job in the 1st half of the debate towards keeping the central message "Healthcare is a right" at the forefront and hammering Cruz on the idea that "equal access" only works if you can afford it.

He sort of lost steam in the 2nd half though. Something something Falcons joke.
SE Hoya Containment Thread (aka Politics) Quote
02-08-2017 , 12:56 AM
That Warren video is the first inspiring thing I've seen since Obama left office. Her getting told the thing gives me hope that we're headed in the right direction and that things will get better.
SE Hoya Containment Thread (aka Politics) Quote
02-08-2017 , 01:02 AM
Quote:
Originally Posted by Heroball
Hoya,
Your thoughts on Robarts' argument that the EO would not pass rational basis review? Based on Lee Optical, isn't the Court encouraged to find a factual basis to deem acts rational (e.g., theoretical prevention of terror attacks by travel ban)?

Also, if 8 USC 1182(f), which allows for the President to suspend alien entry indefinitely, is controlling, and we're in Jackson Zone 1, then isn't the US government's constitutional footing on----relatively----terra firma?
I will drop a bomb about this when I get home.

I note ahead of time that assuming Youngstown maximal authority where an act is arguably unconstitutional simply skips steps and an entire area of dispute - not the AUTHORITY question, but the CONSTITUTIONALITY question - and basically rigs the game. The President cannot act illegally just because he has maximal authority. It's a different question.

That does not answer your question, I know. I'm going to.
SE Hoya Containment Thread (aka Politics) Quote
02-08-2017 , 01:04 AM
...she got told the thing for using MLK's wife's letter to call a racist a racist.

this the hill you want to die on?
SE Hoya Containment Thread (aka Politics) Quote
02-08-2017 , 01:06 AM
Also, on a record with literally no evidence favorable to the administration, how would the court being "encouraged" to make beneficial factual findings even matter? It's impossible, there are no facts that are beneficial. None. It can't be done.
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02-08-2017 , 01:11 AM
Also are you sure you mean to reference Lee Optical? That was a regular statute . . .
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02-08-2017 , 01:12 AM
Quote:
Originally Posted by CalledDownLight
That Warren video is the first inspiring thing I've seen since Obama left office. Her getting told the thing gives me hope that we're headed in the right direction and that things will get better.
Lol you. Just naked grudge holding with open contempt for facts and context
SE Hoya Containment Thread (aka Politics) Quote
02-08-2017 , 01:19 AM
Quote:
Originally Posted by CPHoya
Also, on a record with literally no evidence favorable to the administration, how would the court being "encouraged" to make beneficial factual findings even matter? It's impossible, there are no facts that are beneficial. None. It can't be done.


I guess the argument posed to the DOJ by Robarts was something like, "have any attacks been committed by the 7 listed countries"? DOJ responded "well no". Couldn't DOJ have put it back to the Court: "how many potential attacks by the 7 countries have been deterred by operations conducted by US intelligence/military?"

In that regard the ban would then be rational under RBT, no?
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02-08-2017 , 01:27 AM
We've discovered a bug in the bot's programming
SE Hoya Containment Thread (aka Politics) Quote
02-08-2017 , 01:27 AM
Quote:
Originally Posted by CPHoya
Also are you sure you mean to reference Lee Optical? That was a regular statute . . .


The point is that the Lee Optical Court, in discussing RBT review of government action (be it statute or EO), encourages a extremely deferential view towards striking down state action that is even conceivably rational--whether or not the Government can even show that by evidence. That is to say, conjecture of hypothetical benefits to state acts survives minimal scrutiny against both due process and epc challenges.
SE Hoya Containment Thread (aka Politics) Quote
02-08-2017 , 01:33 AM
Quote:
Originally Posted by CPHoya
I will drop a bomb about this when I get home.



I note ahead of time that assuming Youngstown maximal authority where an act is arguably unconstitutional simply skips steps and an entire area of dispute - not the AUTHORITY question, but the CONSTITUTIONALITY question - and basically rigs the game. The President cannot act illegally just because he has maximal authority. It's a different question.



That does not answer your question, I know. I'm going to.

I'm looking forward to the bomb.

Just a quick aside, are you implying that 1182(f) is unconstitutional on its face? In other words, when you refer to the antecedent "constitutionality question", are you meaning to say that the statutory basis for the EO is constitutionally defective?
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02-08-2017 , 01:37 AM
Quote:
Originally Posted by Heroball
I guess the argument posed to the DOJ by Robarts was something like, "have any attacks been committed by the 7 listed countries"? DOJ responded "well no". Couldn't DOJ have put it back to the Court: "how many potential attacks by the 7 countries have been deterred by operations conducted by US intelligence/military?"

In that regard the ban would then be rational under RBT, no?
Probably the DOJ guys were too busy pretending it's not a muslim ban to come up with that on the spot. Also, the judges seemed to want some sort of, ahem, evidence to go along with that.
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02-08-2017 , 01:44 AM
Quote:
Originally Posted by Holliday
Probably the DOJ guys were too busy pretending it's not a muslim ban to come up with that on the spot. Also, the judges seemed to want some sort of, ahem, evidence to go along with that.


Right, and in a trial (or virtually any other court hearing that doesn't involve defending a state action based on rational review) evidence would be, obviously, necessary.

I'm not convinced the government couldn't have hypothesized some not unreasonable bases for the ban and referred the Court to Lee Optical and at least fared better than arguing the case on Robart's fact-demanding turf. Alternative facts literally might have been good enough (if more tactfully put).
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02-08-2017 , 03:48 AM
Chad,


SE Hoya Containment Thread (aka Politics) Quote
02-08-2017 , 04:27 AM
Leaving the U.S. may be the best decision I ever made. Looking more and more likely by the hour.
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02-08-2017 , 06:10 AM
Quote:
Originally Posted by Wakko
Leaving the U.S. may be the best decision I ever made. Looking more and more likely by the hour.
Can't say I'm displeased with looking at all of this from across the pond.
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02-08-2017 , 06:32 AM
Quote:
Donald J. Trump ‏@realDonaldTrump 9h9 hours ago
More
It is a disgrace that my full Cabinet is still not in place, the longest such delay in the history of our country. Obstruction by Democrats!
Except the prior president didn't have his cabinet in place before April 28.
It's like he gets off on these petty lies.
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02-08-2017 , 08:27 AM
I kind of wonder if Trump will actually do anything about lowering taxes. We all know how spiteful he is, and the bottom line is that lowering taxes on the rich helps people he probably largely loathes more than it helps him since Trump ain't paying any taxes on that 19 percent of Rosneft.
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02-08-2017 , 09:11 AM
Lol warren getting pwned, so perfect
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02-08-2017 , 09:20 AM
Trump launched Yemen raid after being told Obama wouldn't have been 'bold enough,' report says

Quote:
Defense Secretary James Mattis and Chairman of the Joint Chiefs Gen. Joseph Dunford told the President that capturing the raid’s intended target would be a “game changer,” an anonymous official told NBC News.

Trump’s military advisers added that the previous leadership would not have been "bold enough" to launch it, the network said.
remember when mr brexit stans were like "well actually mattis is good"
SE Hoya Containment Thread (aka Politics) Quote
02-08-2017 , 09:21 AM
Sessions can vote for himself
McConnell can vote for his wife
Senators can vote for a donor
Warren can't read a letter written by another, already in public record, about a nominee

Seems legit.
SE Hoya Containment Thread (aka Politics) Quote
02-08-2017 , 09:38 AM
Quote:
Originally Posted by El Rata
Trump launched Yemen raid after being told Obama wouldn't have been 'bold enough,' report says



remember when mr brexit stans were like "well actually mattis is good"
SE Hoya Containment Thread (aka Politics) Quote
02-08-2017 , 09:39 AM
Warren gets GOP slappies absolutely FURIOUS. Like, everyone paying even a little attention knows that Sessions was too racist for the GOP 30 years ago. Silencing Warren only gives his blatant racism more attention.

As always, Republicans are special snowflakes in need of safe spaces where they are insulated from reality.
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02-08-2017 , 09:42 AM
https://www.google.com.br/amp/www.fo...?client=safari

Quote:
"We may want to get on their social media, with passwords. It's very hard to truly vet these people in these countries, the seven countries. But if they come in, we want to say, what websites do they visit, and give us your passwords. So we can see what they do on the internet,” he added.

Kelly said anyone who refused to cooperate would be barred from entering the U.S. He made clear that no decision has been made, but tighter screening was on its way.
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02-08-2017 , 09:43 AM
I'm sure that'll go over well with Americans traveling abroad once reciprocity kicks in.
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