goofy
May 24, 2024, 8:06pm
801
Yeah, I assume this was like 10+ years ago? I guess you’d still do that now but in reality you’re probably wasting your time for 5-6 of the justices (maybe Roberts still sticks to his dumb, loftier pretend ideals) if you aren’t a Federalist Society member.
Wouldn’t shock me if the dumb libs accepted some of these people as their clerks to keep up their own facade of impartiality, even though the conservative justices would never do the same
goofy
May 24, 2024, 8:17pm
802
A few gems from this week’s Balls & Strikes newsletter :
by jbouie, non-paywall link
Alito’s dissent, which Gorsuch joined, offers a dueling originalist account that reaches a very different conclusion: “The Framers would be shocked, even horrified, by this scheme,” he wrote. In support of his argument, Alito cites Georgetown Law Professor Josh Chafetz’s 2017 book Congress’s Constitution: Legislative Authority and the Separation of Powers , which details historical conflicts between the English Parliament and its Kings over the monarch’s financial independence, as well as the development of legislative control over the treasury via regular appropriations. Alito states, incorrectly, that Dodd-Frank empowers the CFPB “to draw as much money as it wants from any identified source for any permissible purpose until the end of time.” Thus, he declares, “it is not an exaggeration to say that the CFPB enjoys a degree of financial autonomy that a Stuart king would envy.”
The problem for Alito is, according to Chafetz , he didn’t understand the book at all. Chafetz specifically acknowledges in his book that the “text of the Constitution allows for indefinite appropriations in all contexts other than the army.” He also discusses the separation of purse and sword as a response to “fears of a tyrannical president,” which makes the Appropriations Clause a legislative check on the executive rather than a judicial check on the legislature. Finally, Chafetz details that early congressional appropriations were at times brief and nonspecific—just allocating a pot of funds for a broad purpose. Congress determined the amount of the CFPB’s annual funding by creating a statutory cap, just as the very first congresses sometimes did.
^ a district court judge in Mississippi went scorched earth on qualified immunity, the legal doctrine found nowhere in law or the constitution & made up by the Supreme Court to protect cops against liability:
At the heart of Green’s case is what is known as a Section 1983 claim. That provision in federal law allows people to sue state and local officials for violating their federal constitutional rights. Congress enacted it as part of the Ku Klux Klan Act of 1871, which is also known as the Enforcement Act, to protect the civil rights of Black Southerners during Reconstruction. Section 1983 cases underwent a revival of sorts in the 1950s and 1960s, only to find themselves curtailed again by the court in Pierson .
Reeves wrote that it was “difficult to see qualified immunity’s creation as anything other than a backlash to the civil rights movement,” given the historical context. “The justices took a law meant to protect freed people exercising their federal rights in Southern states after the Civil War, then flipped its meaning,” he noted. “In creating qualified immunity, the high court protected the Southern officials still violating those federal rights 100 years after the war ended. Southern trees bear strange fruit, indeed.”
Reeves also took aim at some occasional defenses made of the Supreme Court’s current approach to qualified immunity. He rejected an assertion made by the court in 2018 that it was Congress’s responsibility to address the issue, noting that qualified immunity was a creature of the federal courts’ own making. “Qualified immunity does not appear in the text of the Ku Klux Klan Act,” he observed, quoting from precedent. “It is not found in any constitutional provision or other statute. Nor does it ‘help give life and substance’ to the ‘specific guarantees in the Bill of Rights.’ The defense has the opposite effect. It nullifies the guarantees of the Bill of Rights.”
At one point, he also criticized the Supreme Court for its inaction on qualified immunity by pointing to how it abolished a constitutional right to obtain an abortion in Dobbs v. Jackson Women’s Health Organization . As its name suggests, that case also involved Jackson, Mississippi. Reeves had been the trial judge in the case and ruled in favor of the clinic challenging the state’s restrictions.
On appeal, the Supreme Court ruled in favor of the state instead and overturned Roe v. Wade along the way. Reeves noted that qualified immunity opponents and anti-abortion opponents had made similar arguments: The latter had alleged that previous generations of justices had created an atextual rule though “raw judicial power” and had “short-circuited the democratic process” along the way. “The arguments against qualified immunity are stronger than the arguments [Mississippi] presented in Dobbs,” he concluded.
Sotomayor should retire so Biden can put this guy on SCOTUS
2 Likes
Sotomayor should retire anyway. She’s 70 and the prospects in the Senate are very shaky going forward.
And she is in poor health.
Somehow libs still don’t get that no Democratic president is getting a nominee thru a GOP senate for the rest of my lifetime.
Surf
May 24, 2024, 11:02pm
806
Can Biden even get a nominee approved? Forget where Manchin/Sinema would be
LFS
May 24, 2024, 11:07pm
807
It’s an election year, the American people should get to decide
She should have twisted RBGs arm harder.
And maybe not make the same mistake herself.
pvn
May 25, 2024, 9:56pm
810
goofy:
…and she’s so worried about this that she’s going to hang on to her seat instead of retiring, increasing the chances that big daddy gets to make it even worse.
Latest 5-4 is another Breyer episode, my favorite SCOTUS dumbass!
Re: this new J6 freak flag, I guess this is it? It’s kind of lame. If I saw this from a distance I would assume it’s some Lebanese pride flag or whatever.
2 Likes
Pretty much all flags with text suck.
I just put up a New California Republic flag. I’m sure it will confuse my neighbors
2 Likes
It would confuse me. It’s some Fallout reference?
I flew a Detroit lions flag and Michigan flag before then. Figured Memorial Day was a good time to switch it up to honor the heroes of the NCR
1 Like
It’s funny how the flag of Lebanon has an overtly Christian symbol even though the country is a mishmash of all kinds of religions.
