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US Politics: What will the InJustice League do next?


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Yeah from what I can tell, asserting the "major questions" standard is just another way of reviving the nondelegation doctrine - which was the major concern and power grab we discussed a few days ago.  As Kagan said in her dissent, the court has now appointed itself the ultimate authority and experts across a host of policy areas - which even more preposterous than it sounds.

7 minutes ago, karaddin said:

After reading the link from DMC and seeing some other comments - this stuff about returning the power to the legislature is pure bullshit right?

Right.

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1 minute ago, JGP said:

I'm done my coffee. And seething. 

This is a good thread for all the other things too:

 

I don't know how the US comes back from this. 

Literally just came here to post this.

Moore vs Harper will fundamentally destroy election integrity. This will be the end of fair elections in this country.

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56 minutes ago, JGP said:

The SC also agreed to hear Moore v. Harper [sad laugh]

Given they only just agreed to hear it, this decision won't come down until after the mid terms right? Not sure what silver lining I'm expecting from that...

1 minute ago, JGP said:

Yes.

The enthusiasm for what's self harm on a grand scale is truly something 

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Hmm.

Things I think they'll go after right away: 

- prison regulations and requirements (including things like payments for labor)

- safety regulations for OSHA

- most vaccination requirements for schools or jobs

- any requirements to do wildlife or other site analysis on construction

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3 minutes ago, karaddin said:

The enthusiasm for what's self harm on a grand scale is truly something 

I edited the quoted post but think it bears repeating. 

Think enhanced recovery [oil] projects flaring or just releasing methane with no cap, yadda yadda. Hard to imagine the international community won't come down hard on this. Could affect trade, hard to say how significantly though.

It's really bad, and just the opening.

Edited by JGP
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And I would have missed it just from the edit so good call, last post of the page doesn't do well with edits

ETA: And your ground water situation was already well and truly fucked from this Australian view point. This is also going to be used to prevent the EPA fixing the fuck up with allocation of the Colorado River isn't it?

Edited by karaddin
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15 minutes ago, karaddin said:

Given they only just agreed to hear it, this decision won't come down until after the mid terms right? Not sure what silver lining I'm expecting from that...

Nothing. There isn't one. The issue is it'll be in place before 2024 and it'll give State legislatures ability to set all the rules and overrule whatever they want without any recourse. Given how gerrymandered and insane they are and how they already tried to do this but were stopped by Executive officials, this basically means that no state is a swing state anymore should they want it not to be.

It is an insanely radical interpretation that has never stood in the "history and traditions" of this country but who the fuck knows with these guys.

Edited by Mexal
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2 hours ago, Mindwalker said:

Huh. Sounds almost to good to be true...

 

But doesn't it feel empty to say that when there will be an exception for the filibuster made? Manchin and/or Sinema won't do it. Even if they did, what stops Republicans from overturning the law or taking it to the Supreme Court and having them overturn it? I'm not sure what the answer is--a new amendment to the Constitution maybe? But either way, Dems need to do something instead of sending us messages saying they need our money and votes. They already have that. They need to show they're willing to act.

Edited by Centrist Simon Steele
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6 minutes ago, KalVsWade said:

- prison regulations and requirements (including things like payments for labor)

I worked as clerk in a Calif prison for an inmate work program.  Of course, they made very, very low wages, which they grumbled about.  There were a few inmates who worked in this field once paroled. What would be the outcome of a court decision striking this down?  I fear it would be inmate slavery.  Every inmate worker I saw at the facility was paid, whether cleaning, unloading trucks and many other jobs.  All the jobs paid something, and an inmate could quit at any time. 

I do not want to see any inmate made into a slave, ever.    fuck

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The one silver lining is that districting under normal circumstances happens right after the census every 10 years. It isn't supposed to be done whenever people feel like it. 

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1 hour ago, karaddin said:

I'm terrible at reading legalese so not even trying in the middle of my night, but my understanding was that this result would be on a scale of "guts the EPA's ability to fight climate change" to "destroys the basis of federal departments" - where does this actual decision fall on that? The SCOTUSblog tweet sounds like it was restricted to the EPA?

The actual decision guts the EPA's ability to fight climate change.  The principle underlying the decision of the clear-statement requirements of the major-question rule stifles the ability of this (or any other) administration to govern.  Of course the SC will selectively enforce this doctrine when a Republican gets in.  

It could have been worse (it can always get worse), but this is very bad for Biden's environmental agenda, and for the global fight against climate change.  He will need additional legislative authority, and I'm not seeing Manchin relenting any time soon. 

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2 minutes ago, Mexal said:

Nothing. There isn't one. The issue is it'll be in place before 2024 and it'll give State legislatures ability to set all the rules and overrule whatever they want without any recourse. Given how gerrymandered and insane they are and how they already tried to do this but were stopped by Executive officials, this basically means that no state is a swing state anymore should they want it not to be.

And even Roberts looks to have abandoned the idea of pretending he's anything more than a partisan operator, so everything of import splitting on that 6-3 line seems pretty safe to assume. So yeah, these midterms are it. Every state held by the Republicans after this one is pretty much locked in. Lucky Dem voters turn out in midterms right? *Insert Padme and Anakin meme*

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19 minutes ago, karaddin said:

Given they only just agreed to hear it, this decision won't come down until after the mid terms right? Not sure what silver lining I'm expecting from that...

 

I suppose that if the midterms bucked the foregone conclusion of Dems losing Congress, perhaps they could, if they had enough strong voices, stack the court and get some of this fixed.

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5 minutes ago, Mexal said:

The issue is it'll be in place before 2024 and it'll give State legislatures ability to set all the rules and overrule whatever they want without any recourse. Given how gerrymandered and insane they are and how they already tried to do this but were stopped by Executive officials, this basically means that no state is a swing state anymore should they want it not to be.

I mean in terms of swing states this just further emphasizes how crucial winning the gubernatorial races in Arizona, Georgia, Michigan, Nevada, Pennsylvania, and Wisconsin in November is.  Democracy is on the ballot.

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1 minute ago, DMC said:

I mean in terms of swing states this just further emphasizes how crucial winning the gubernatorial races in Arizona, Georgia, Michigan, Nevada, Pennsylvania, and Wisconsin in November is.  Democracy is on the ballot.

Yes, but even winning those races won't reverse the existing gerrymanders or lead to anything but gridlock, IMHO.  Those state legislatures will continue to be dominated by Republicans.  It's time to recognize that (1) the existing system is stacked in favor of Republicans; (2) Republicans are nonetheless still willing and anxious to break rules, norms, state constitutions, the Constitution, you name it, in order to win.  And in response the Dems do what, exactly? At best, an ineffective attempt to fix the last attempt at cheating.  

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12 minutes ago, Centrist Simon Steele said:

But doesn't it feel empty to say that when there will be an exception for the filibuster made? Manchin and/or Sinema won't do it. Even if they did, what stops Republicans from overturning the law or taking it to the Supreme Court and having them overturn it? I'm not sure what the answer is--a new amendment to the Constitution maybe? But either way, Dems need to do something instead of sending us messages saying they need our money and votes. They already have that. They need to show they're willing to act.

If they don’t ditch the filibuster this second there’s nothing they can do, and they’ll lose power in 2022 and 2024, and I’m willing to bet if Republicans get unified control of the government they’ll drop the filibuster in attempts to establish a near permanent majority for the foreseeable future. Yay for an authoritarian theocratic government!

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Just now, Gaston de Foix said:

Yes, but even winning those races won't reverse the existing gerrymanders or lead to anything but gridlock, IMHO.

I was speaking to the concern about 2024.  This (anticipated) decision will prevent state courts from striking down anti-democracy laws by GOP state legislatures, but obviously Dem governors can still prevent those bills from ever becoming laws in the first place.

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They need to expand the court, which they seem to have no interest in doing. Fuck worrying about burning bridges with Manchin, play hard ball with whatever dirt on him they have because surely there's some. What's the point in just sitting around hoping a miracle hands you a sufficient majority in the midterms, what's the point in winning power if you don't use it to protect the people.

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