It feels very troll-ish, like sovereign citizen style lawmaking.
― a man often referred to in the news media as the Duke of Saxony (tipsy mothra), Tuesday, 7 September 2021 01:01 (two years ago) link
I also think it was extra effective as something like abortion in Texas because there were apparently only like 24 abortion providers in the entire state, so there were pretty good odds of just scaring all 24 of them into shutting down. If a law like this was enacted regarding a more commonplace behavior, all hell would probably break loose at some point, and you'd certainly have legal challenges reaching the court faster.
― longtime caller, first time listener (man alive), Tuesday, 7 September 2021 02:53 (two years ago) link
It's fucking bad, and to roughly paraphrase the way I heard Adam Liptak put it, it just kind of seems like it can't be that you can enact a blatantly unconstitutional law and get away with it just because you were clever. On the other hand, it's important to remember that this didn't really happen just because they were "clever," it happened because the GOP got political power and used it to take over the Supreme Court. Admittedly, some of that was probably a lucky accident as Trump stumbled his way into the White House and then got three motherfucking nominations, but there have also been other very concerted and strategic long-term efforts that brought us to the current court.
― longtime caller, first time listener (man alive), Tuesday, 7 September 2021 02:56 (two years ago) link
Hello there, fucking Federalist Society!
― it is to laugh, like so, ha! (Aimless), Tuesday, 7 September 2021 03:10 (two years ago) link
...Which seems like a misnomer, because the original Federalists were in favor of a strong central government, not keeping the federal government as weak as possible and scattering political power to the states.
― it is to laugh, like so, ha! (Aimless), Tuesday, 7 September 2021 03:12 (two years ago) link
JUSTICE ALITO SPECIFICALLY QUOTES FROM/CALLS OUT @AdamSerwer @TheAtlantic PIECE & CALLS IT "INFLAMMATORY"https://t.co/2MygIMJKZ0— Leah Litman (@LeahLitman) September 30, 2021
― curmudgeon, Thursday, 30 September 2021 20:15 (two years ago) link
Serwer article criticized Texas abortion shadow docket midnight decision
https://www.lawyersgunsmoneyblog.com/2021/09/my-we-are-not-nullifying-roe-v-wade-t-shirt-has-many-people-asking-questions-already-answered-by-by-shirt
― curmudgeon, Thursday, 30 September 2021 20:18 (two years ago) link
I’m dipping in & out of his talk, but Justice Alito’s level of indignation / defensiveness at criticisms of the shadow docket revealing that he consumes a lot more mainstream media than I would have guessed https://t.co/9ibYfg97Nd— Kate Shaw (@kateashaw1) September 30, 2021
― curmudgeon, Thursday, 30 September 2021 20:19 (two years ago) link
Alito isn’t likely to change but it’s good he is aware of this criticism
― curmudgeon, Friday, 1 October 2021 00:36 (two years ago) link
Why? He won't change.
― So who you gonna call? The martini police (Alfred, Lord Sotosyn), Friday, 1 October 2021 00:38 (two years ago) link
he already had the dissents available to him pointing out why he was wrong. he's been aware. supreme court justices are lawyers, too. they know people disagree with them and it just makes them dig in harder. ask me how i know!
― certified juice therapist (harbl), Friday, 1 October 2021 01:11 (two years ago) link
he's discovered hate-reading and he can't bear to not respond to something that makes him mad. he should post on ilx.
Alito was very much against having the event taped or streamed but it was eventually allowed. Now videos of it are all over the internet with people dunking on him. I don't think this was the outcome he was going for.
― Mr. Cacciatore (Moodles), Friday, 1 October 2021 01:26 (two years ago) link
And he won't care because he's an asshole who's made grievance his shtick since 2006. He's by far the worst nominee of the last 20 years. Look at him -- he looks like the ultimate nerd whose head was rubbed and is getting his revenge.
― So who you gonna call? The martini police (Alfred, Lord Sotosyn), Friday, 1 October 2021 01:30 (two years ago) link
Sad lol
Imo the Hobby Lobby case was his New Jersey
― Extinct Namibian shrub genus: Var. (Ye Mad Puffin), Friday, 1 October 2021 10:52 (two years ago) link
https://www.washingtonpost.com/politics/courts_law/mcconnell-lauds-thomas-says-supreme-court-should-not-heed-rule-of-polls/2021/10/21/2766cbcc-32b9-11ec-9241-aad8e48f01ff_story.html
Supreme Court rules that Texas anti-abortion law can stay in effect for now but they will hear 2 challenges to it on November 1, the day before the state of Virginia governor Election Day. Meanwhile the Heritage Association throws a 30th anniversary celebration of Thomas getting on the court and Thomas is there along with a bunch of Republicans. Seems like kinda political and biased thing to do period, and especially weeks before a hearing. Sotomayor dissented from decision to let Texas law stay in effect for now
― curmudgeon, Saturday, 23 October 2021 05:38 (two years ago) link
re: thomas, his wife is openly one of the most republican republicans of all republican republican Republican. of all time.5 of the 6 of them are that openly republican, and by that i republican republican
― John Stockton buying a used car from (Karl Malone), Saturday, 23 October 2021 05:48 (two years ago) link
Scum.
https://www.washingtonpost.com/politics/courts_law/ginni-thomas-apology-clarence-thomas-clerks-trump-rally/2021/02/02/a9818cce-6496-11eb-8c64-9595888caa15_story.html
― earlnash, Saturday, 23 October 2021 06:33 (two years ago) link
Above items about Thomas’ wife and conservative justices were somehow never mentioned when Biden’s new Supreme Court Commission worried in print that expanding the court could hurt its legitimacy. As if that hasn’t already been done
― curmudgeon, Saturday, 23 October 2021 13:34 (two years ago) link
Not just the EPA’s authority; #SCOTUS has agreed to take up Congress’s *constitutional* authority to delegate to the EPA the power to regulate greenhouse gas emissions. https://t.co/sapajhqiDw— Steve Vladeck (@steve_vladeck) October 29, 2021
― curmudgeon, Saturday, 30 October 2021 01:39 (two years ago) link
but Stephen Breyer will save us
― So who you gonna call? The martini police (Alfred, Lord Sotosyn), Saturday, 30 October 2021 01:41 (two years ago) link
Breyer will save us by adding lots of footnotes in his dissent to the eventual 6-3 decision and tell us that is how the system works
― curmudgeon, Saturday, 30 October 2021 14:48 (two years ago) link
imagine needing to get an abortion in TX, and then doing some "research" online to figure out where else you can go
And while the states near Texas may not have the draconian six-week ban that the Supreme Court allowed to stand before it hears the case, many are still hostile to abortion rights. Oklahoma requires an ultrasound and 72-hour waiting period. Kansas has a 24-hour waiting period and both private insurance (without an additionally purchased rider) and plans in the state’s health exchange only cover the procedure in cases of life endangerment. Arkansas has a 72-hour waiting period that only begins after an in-person, state-directed counseling session aimed at dissuading the patient from having the abortion.
https://talkingpointsmemo.com/news/texas-abortion-oklahoma-arkansas-kansas
― Karl Malone, Saturday, 30 October 2021 15:26 (two years ago) link
It all seems very bad!
― Its big ball chunky time (Jimmy The Mod Awaits The Return Of His Beloved), Saturday, 30 October 2021 15:35 (two years ago) link
https://www.supremecourt.gov/oral_arguments/live.aspx
― curmudgeon, Monday, 1 November 2021 14:15 (two years ago) link
Now
Texas is making a terrible case.
Chief Justice Roberts does not sound happy with Texas Solicitor General Judd Stone, who resisted his (very good) hypothetical, leading Roberts to snipe: "My question is what we call a 'hypothetical.'" But remember that Roberts voted to block SB 8 from the start.— Mark Joseph Stern (@mjs_DC) November 1, 2021
― So who you gonna call? The martini police (Alfred, Lord Sotosyn), Monday, 1 November 2021 15:04 (two years ago) link
does any of that matter though? it's not about who can make a more convincing argument
― Muad'Doob (Moodles), Monday, 1 November 2021 15:21 (two years ago) link
98 percent of the time, yeah. But Kav sounded like he was on the fence.
― So who you gonna call? The martini police (Alfred, Lord Sotosyn), Monday, 1 November 2021 15:24 (two years ago) link
must have not talked to the groups that bankroll him yet today
― Muad'Doob (Moodles), Monday, 1 November 2021 15:25 (two years ago) link
tbf, the incompetence of the Texas AG and the utterly threadbare qualities of this law may be the saving grace here, but that's a small comfort in the grand scheme of things
― Muad'Doob (Moodles), Monday, 1 November 2021 15:31 (two years ago) link
To me it sounds like Barrett, Thomas, Alito, and Gorsuch and maybe others may rule procedurally that this has to play out in the Texas courts first as in their view the chilling of the constitutional right here is not more severe than the chilling of other constitutional rights that have occurred ( 2nd a gun rts and 1st amendment religion ones)
― curmudgeon, Monday, 1 November 2021 15:33 (two years ago) link
The conservative justices are going to go out of their way to save the Texas attorney general
― curmudgeon, Monday, 1 November 2021 15:34 (two years ago) link
Kav sounded disturbed at the thought that anti-gun AGs will enforce similar laws.
― So who you gonna call? The martini police (Alfred, Lord Sotosyn), Monday, 1 November 2021 15:35 (two years ago) link
― So who you gonna call? The martini police (Alfred, Lord Sotosyn), Monday, November 1, 2021 11:24 AM (ten minutes ago) bookmarkflaglink
lmao, he's on the fence like Susan Collins is always on the fence.
― Hannibal Lecture (PBKR), Monday, 1 November 2021 15:36 (two years ago) link
I think the fact that there is no state-level recourse is a much stronger argument than the idea that some other state might do this but with guns
― Muad'Doob (Moodles), Monday, 1 November 2021 15:40 (two years ago) link
Another state might do this but with guns - at least this would force them to explicitly overrule Roe v. Wade, which they sort of don't want to do (they do want to do it, but via the back door).
― Hannibal Lecture (PBKR), Monday, 1 November 2021 15:45 (two years ago) link
Amy Coney Barrett now suggests that, due to the way the Texas law is written, clinics cannot fully vindicate their constitutional rights in state court. "The full constitutional defense cannot be asserted in the defensive posture, am I right?" she asks. Big remark from Barrett.— SCOTUSblog (@SCOTUSblog) November 1, 2021
― So who you gonna call? The martini police (Alfred, Lord Sotosyn), Monday, 1 November 2021 15:47 (two years ago) link
xp
1. another state is never going to do this with guns
2. the SC can say it applies here, but not over here. There is no one to force them to be consistent.
― Muad'Doob (Moodles), Monday, 1 November 2021 15:56 (two years ago) link
it's not about who can make a more convincing argument
My take is that the Texas legislature and AG know that their willingness to endorse a crazy-ass law to effectively end abortions in Texas has nearly zero political cost, so they are quite willing to go to the SCOTUS with a nonsense argument in its favor, but the conservative justices know they would have to sign on to a written opinion in this case and it will have to make some kind of legal sense, because any argument they endorse in their opinion could affect vast swathes of settled precedents and procedures in ugly ways if the written opinion is just a pile of crazy nonsense. They need something halfway sane to hang their opinion on.
― more difficult than I look (Aimless), Monday, 1 November 2021 17:59 (two years ago) link
I think they probably do still see it that way a bit, but that they are also quickly learning that none of it matters and they can do whatever they want
― Muad'Doob (Moodles), Monday, 1 November 2021 18:10 (two years ago) link
I think these conservative justices really wish they could sign off on this, and it really really pains them that they probably can't, being able to do whatever they want aside. someone was asking from the bench, the brief window while I was listening, about whether a state government could pretty much do the exact same law with any constitutional right, from gun control, to same sex marriage to obtaining contraceptives, anything. I think there was a specific example about integrating the schools. and the lawyer for I presume Texas said, well, then it's up to the states to enforce the constitutionality. and the justice replied, well, that's not what happened in 1957 at all. The states totally didn't respect the constitutionality.
― Josh in Chicago, Monday, 1 November 2021 18:12 (two years ago) link
I'm starting to feel encouraged that SCOTUS might not let this stand, but at the same time I feel like there is a long history of the conservative court deciding not to let us descend into total hellscape at the last minute, such that we are thankful to have made only incremental steps toward hellscape.
― longtime caller, first time listener (man alive), Monday, 1 November 2021 18:15 (two years ago) link
Is the idea of packing SCOTUS dead now? Would it even be wise?
― thing that i used to think was cool but now i just don't have time for (stevie), Monday, 1 November 2021 18:29 (two years ago) link
Esp in light of Manchin/Sinema wrecking ball elsewhere in politics?
― thing that i used to think was cool but now i just don't have time for (stevie), Monday, 1 November 2021 18:30 (two years ago) link
was it ever alive?
― Muad'Doob (Moodles), Monday, 1 November 2021 18:31 (two years ago) link
It had a slightly detectable pulse right after the Barrett confirmation, but Biden backed off it, largely because it was too abstruse for the general population to understand. It's a dead issue, at least until the SCOTUS commits an outrage so massive that it makes people want to burn the court down.
― more difficult than I look (Aimless), Monday, 1 November 2021 18:52 (two years ago) link
It had a slightly detectable pulse right after the Barrett confirmation, but Biden backed off it
ah, because had Biden not backed off, it would surely be a one deal now
what with the support of the mighty Joe Biden and his imperial ability to change stuff
― gin and catatonic (Ye Mad Puffin), Monday, 1 November 2021 19:33 (two years ago) link
*done deal
an outrage so massive that it makes people want to burn the court down.
The planet will burn down before the Court does it for us.
― So who you gonna call? The martini police (Alfred, Lord Sotosyn), Monday, 1 November 2021 19:39 (two years ago) link