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Chris Christie
Dec 26, 2012

by FactsAreUseless
Friendly reminder that those wonderful sweet justices on the left side of the SCOTUS have no problem making GBS threads all over things like property rights or 2nd amendment rights. They think it's perfectly OK for government to take your land or home and sell it to the highest bidder, and perfectly OK for a city or state to ignore the bill or rights and strip its citizens of their constitutional rights.

The Supreme Court is going to be awful no matter which way the 4-4-1 split eventually breaks.

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The Warszawa
Jun 6, 2005

Look at me. Look at me.

I am the captain now.
I guess McCutcheon was just ... a bridge too far.

Nessus
Dec 22, 2003

After a Speaker vote, you may be entitled to a valuable coupon or voucher!



Chris Christie posted:

Friendly reminder that those wonderful sweet justices on the left side of the SCOTUS have no problem making GBS threads all over things like property rights or 2nd amendment rights. They think it's perfectly OK for government to take your land or home and sell it to the highest bidder, and perfectly OK for a city or state to ignore the bill or rights and strip its citizens of their constitutional rights.

The Supreme Court is going to be awful no matter which way the 4-4-1 split eventually breaks.
So by #1 are you talking about eminent domain or are you being more generic and including things like environmental restrictions? As for #2, ah yes, I recall this coming up-- though I'd ask, how do you expect to defend the 2nd Amendment if the billionaires ever decide they don't like it?

Nonsense
Jan 26, 2007

Chris Christie posted:

Friendly reminder that those wonderful sweet justices on the left side of the SCOTUS have no problem making GBS threads all over things like property rights or 2nd amendment rights. They think it's perfectly OK for government to take your land or home and sell it to the highest bidder, and perfectly OK for a city or state to ignore the bill or rights and strip its citizens of their constitutional rights.

The Supreme Court is going to be awful no matter which way the 4-4-1 split eventually breaks.

I smoke the 2nd amendment, sucka.

Also the Supremes should just kick it all at once, no favorites, do it under what's left of Obama's administration, or Clinton's next. Sotomayor can keep chillin' though, she's got it the most together up there.

Joementum posted:

The McCutcheon decision is actually net positive for people who are worried about the influence of money in politics.

Does this mean we can finally push for a constitutional convention which will be hijacked the moment it actually exists?

Nonsense fucked around with this message at 00:06 on Apr 5, 2014

Joementum
May 23, 2004

jesus christ
The McCutcheon decision is actually net positive for people who are worried about the influence of money in politics.

Chris Christie
Dec 26, 2012

by FactsAreUseless

Nessus posted:

So by #1 are you talking about eminent domain

This, although I certainly think some of the sensationalized (and isolated) incidences of EPA going overboard screwing with individual land owners are b.s. But it is legitimate for EPA to protect everyone's interests and the environment and that sometimes means corporate/industrial or even individual land owners can't do anything they please on their own property.

Phone
Jul 30, 2005

親子丼をほしい。

Chris Christie posted:

This, although I certainly think some of the sensationalized (and isolated) incidences of EPA going overboard screwing with individual land owners are b.s. But it is legitimate for EPA to protect everyone's interests and the environment and that sometimes means corporate/industrial or even individual land owners can't do anything they please on their own property.

Care to cite any examples of the EPA going overboard?

VitalSigns
Sep 3, 2011

Nessus posted:

As for #2, ah yes, I recall this coming up-- though I'd ask, how do you expect to defend the 2nd Amendment if the billionaires ever decide they don't like it?

If they were evil gungrabbers, Jesus wouldn't have showered them with money in the first place. Duh. That's why it's so important that those with the cash rule the country.

mr. mephistopheles
Dec 2, 2009

Joementum posted:

The McCutcheon decision is actually net positive for people who are worried about the influence of money in politics.

I am starting to feel this way. I'm seeing a massive blowback coming from both liberals and conservatives which dud not happen following Citizens United, which I actually saw conservatives defend.

Or do you mean in another way?

Nonsense
Jan 26, 2007

mr. mephistopheles posted:

I am starting to feel this way. I'm seeing a massive blowback coming from both liberals and conservatives which dud not happen following Citizens United, which I actually saw conservatives defend.

Or do you mean in another way?

Conservatives defended Citizens United because Hillary. Other than that, most people didn't like Mitt Romney coming out swinging for the concept, should have left that to the sharks.

McCutcheon just fulfills all of the hyper-rhetoric both sides have said about each other's pet-elites.

Fried Chicken
Jan 9, 2011

Don't fry me, I'm no chicken!

Nessus posted:

Aye, same idea

Was hoping I would get more milage out of that troll

SubponticatePoster
Aug 9, 2004

Every day takes figurin' out all over again how to fuckin' live.
Slippery Tilde

Nessus posted:

So by #1 are you talking about eminent domain or are you being more generic and including things like environmental restrictions? As for #2, ah yes, I recall this coming up-- though I'd ask, how do you expect to defend the 2nd Amendment if the billionaires ever decide they don't like it?
If things ever got so bad that (most) people were starving in the streets and started revolting like the French Revolution I'd bet that the 2A would go right out the window in practice.

Joementum
May 23, 2004

jesus christ

mr. mephistopheles posted:

I am starting to feel this way. I'm seeing a massive blowback coming from both liberals and conservatives which dud not happen following Citizens United, which I actually saw conservatives defend.

Or do you mean in another way?

McCutcheon lets people donate to multiple campaigns, but those donations need to be disclosed and are subject to FEC (rather than IRS) regulations. If we're going to allow unlimited money in politics, and it looks like the Roberts court is going to allow this, then I much prefer that money going through channels where all the donations are disclosed and where the people spending it are the DNC, RNC, or campaigns where the candidate is required to say, "and I approve this message", rather than ads being run by PACs named "Americans for Liberty and Justice".

The Warszawa
Jun 6, 2005

Look at me. Look at me.

I am the captain now.

thefncrow posted:

You're giving Scalia too much credit. This is the justice who wrote in his dissent in Brown v. Plata:


This is Scalia openly admonishing the court for following the law rather than settling on "gently caress what the law says, I know better".

Oh come on, how do you not quote the all-star line from that dissent?

radical meme
Apr 17, 2009

by Fluffdaddy
nvm beaten above

thefncrow
Mar 14, 2001

The Warszawa posted:

Oh come on, how do you not quote the all-star line from that dissent?

I almost threw it in there as a bonus, because it is so very revealing. However, since my point was more about Scalia getting too much credit for having weight behind his arguments and not about Scalia's fantasies of ripped black prisoners being loosed on the countryside, I decided to let it go.

atelier morgan
Mar 11, 2003

super-scientific, ultra-gay

Lipstick Apathy

Joementum posted:

McCutcheon lets people donate to multiple campaigns, but those donations need to be disclosed and are subject to FEC (rather than IRS) regulations. If we're going to allow unlimited money in politics, and it looks like the Roberts court is going to allow this, then I much prefer that money going through channels where all the donations are disclosed and where the people spending it are the DNC, RNC, or campaigns where the candidate is required to say, "and I approve this message", rather than ads being run by PACs named "Americans for Liberty and Justice".

The decision does not mandate disclosure and doesn't even guarantee that the court would find any disclosure regulations constitutional.

quote:

(4) Disclosure of contributions also reduces the potential for abuse of the campaign finance system. Disclosure requirements, which are justified by "a governmental interest in 'provid[ing] the electorate with information' about the sources of election-related spending," Citizens United, supra, at 367, may deter corruption "by exposing large contributions and expenditures to the light of publicity," Buckley, supra at 67. Disclosure requirements may burden speech, but they often represent a less restrictive alternative to flat bans on certain types or quantities of speech. Particularly with modern technology, disclosure now offers more robust protections against corruption than it did when Buckley was decided. Pp. 35-36.

This at best says 'maybe we won't shoot down your regulatory framework mandating disclosure, unless we don't like it because mandated disclosure is still a 1a violation'.

Given the way this court makes decisions, I would expect any such disclosure regulations (if they were ever enacted, which they currently are not and will never be) to be shot down because corruption in politics (defined strictly as quid pro quo arrangements and nothing else, remember?) is not currently a legitimate government issue because there isn't enough of it: the same rationale that justified overturning VRA preclearance.

hangedman1984
Jul 25, 2012

Nonsense posted:

I smoke the 2nd amendment, sucka.

Also the Supremes should just kick it all at once, no favorites, do it under what's left of Obama's administration, or Clinton's next. Sotomayor can keep chillin' though, she's got it the most together up there.

I heard one bloc is gonna take out the other bloc in a to-the-death battle.

radical meme
Apr 17, 2009

by Fluffdaddy

thefncrow posted:

I almost threw it in there as a bonus, because it is so very revealing. However, since my point was more about Scalia getting too much credit for having weight behind his arguments and not about Scalia's fantasies of ripped black prisoners being loosed on the countryside, I decided to let it go.

So as we sit here today, is there any evidence one way or the other that Brown vs. Plata resulted in the sky is falling scenario of the dissent?

Joementum
May 23, 2004

jesus christ

UberJew posted:

The decision does not mandate disclosure and doesn't even guarantee that the court would find any disclosure regulations constitutional.


This at best says 'maybe we won't shoot down your regulatory framework mandating disclosure, unless we don't like it because mandated disclosure is still a 1a violation'.

Given the way this court makes decisions, I would expect any such disclosure regulations (if they were ever enacted, which they currently are not and will never be) to be shot down because corruption in politics (defined strictly as quid pro quo arrangements and nothing else, remember?) is not currently a legitimate government issue because there isn't enough of it: the same rationale that justified overturning VRA preclearance.

It's true that the decision does not mandate disclosure, but regulation currently does mandate it for donations in excess of $100. I do believe that the Roberts court will have few problems overturning limits on donations to individual campaigns when that case inevitably comes before the court in a couple years, but I'm not so pessimistic as to believe that they will overturn disclosure requirements, nor do I predict a serious legal challenge on that front. In fact, a key part of the McCutcheon decision cites the ease with which voters can see information about campaign donations and expenditures on sites like OpenSecrets as a reason why ceilings on donations were no longer necessary.

atelier morgan
Mar 11, 2003

super-scientific, ultra-gay

Lipstick Apathy

radical meme posted:

So as we sit here today, is there any evidence one way or the other that Brown vs. Plata resulted in the sky is falling scenario of the dissent?

Whether or not the nightmare scenario occurred would require CDCR to have actually fulfilled the court mandated reliefs that case required.

Still hasn't even come close to doing so!

Raskolnikov38
Mar 3, 2007

We were somewhere around Manila when the drugs began to take hold
Someone mind posting the line from the dissent for those of us without photographic memories of every Supreme Court decision ever.

The Warszawa
Jun 6, 2005

Look at me. Look at me.

I am the captain now.
Here it is:

quote:

It is also worth noting the peculiarity that the vast majority of inmates most generously rewarded by the release order—the 46,000 whose incarceration will be ended—do not form part of any aggrieved class even under the Court's expansive notion of constitutional violation. Most of them will not be prisoners with medical conditions or severe mental illness; and many will undoubtedly be fine physical specimens who have developed intimidating muscles pumping iron in the prison gym.

atelier morgan
Mar 11, 2003

super-scientific, ultra-gay

Lipstick Apathy

Joementum posted:

It's true that the decision does not mandate disclosure, but regulation currently does mandate it for donations in excess of $100.

Not if the donations are to a 501(c), or more likely in the future to a JFC (except in the latter case if the donor earmarks their donations for a specific candidate, as long as they do not there is no disclosure mandate)

Joementum
May 23, 2004

jesus christ

UberJew posted:

Not if the donations are to a 501(c), or more likely in the future to a JFC (except in the latter case if the donor earmarks their donations for a specific candidate, as long as they do not there is no disclosure mandate)

Yes, but that was already the case pre-McCutcheon without limit. My (qualified) argument that McCutcheon is a net positive is that in an environment where that lack of regulation exists, and is unlikely to spring into existence soon, it may end up being better for voters if donor give directly to campaigns rather than 501(c)s.

atelier morgan
Mar 11, 2003

super-scientific, ultra-gay

Lipstick Apathy

Joementum posted:

Yes, but that was already the case pre-McCutcheon without limit. My (qualified) argument that McCutcheon is a net positive is that in an environment where that lack of regulation exists, and is unlikely to spring into existence soon, it may end up being better for voters if donor give directly to campaigns rather than 501(c)s.

Fair enough, I can see that perspective.

Evil Fluffy
Jul 13, 2009

Scholars are some of the most pompous and pedantic people I've ever had the joy of meeting.

JT Jag posted:

I really wish one of the Conservatives on the bench would just die already.

Only one? If they all died in a fiery car crash on their way to CPAC I'd probably drink myself in to a coma from excessive celebration.

Fried Chicken posted:

I don't know what a "phylactery" is, is it like a horcrux?

Goddamn kids and their Harry Potter/lack of Dungeons & Dragons. :argh:

paragon1
Nov 22, 2010

FULL COMMUNISM NOW

Gravel Gravy posted:

Could USC's mascow Sir Big Spur make an appearance?

His name is Cocky. :colbert:

Gunshow Poophole
Sep 14, 2008

OMBUDSMAN
POSTERS LOCAL 42069




Clapping Larry

Chris Christie posted:

Friendly reminder that those wonderful sweet justices on the left side of the SCOTUS have no problem making GBS threads all over things like property rights or 2nd amendment rights.

The Supreme Court is going to be awful no matter which way the 4-4-1 split eventually breaks.

So do I :black101:.

Sorry!

Gumbel2Gumbel
Apr 28, 2010

On Terra Firma posted:

That is beautiful.

I run my own business and the ACA seriously saved my rear end. I was quoted around $550 a month for 12 months with ZERO coverage, and then after a year I could get coverage once my costs once again went up, and I would pay ridiculous co-pays. Also my out of pocket was basically everything. I didn't even know what I was getting and Anthem wouldn't even tell me.

Not to derail but I had private insurance through work, and then got a plan through the state exchanges.

I have in my possession 6 letters from my private insurer from work demanding I provide documentation saying I was covered all the way back to 2011 for different three month time periods (this would require six appeals) because they don't want to pay for one. allergist. visit.

Through my medicaid I am seeing the #2 specialist in the world for my auto immune disease for $0 copay.

That is my story about why I will never vote for or date Republican.

Kalman
Jan 17, 2010

UberJew posted:

Not if the donations are to a 501(c), or more likely in the future to a JFC (except in the latter case if the donor earmarks their donations for a specific candidate, as long as they do not there is no disclosure mandate)

Note that in the event that a donor maxed out to multiple committees, there's a reasonable argument that an inferred aggregate limit exists based on the inference that a max out donation to a committee is intended to be distributed to the candidates (since there's a separate maximum on party committee donations and on non-party committees) and thus the donor can reasonably infer they are donating to a candidate in excess of the individual limit.

There is still an effective aggregate limit, it's just that now it's basically #candidates*candidate limit + #party committees*party limit + #ofpacs that DO NOT contribute or coordinate at all*pac limit.

(Remember that your donations are attributable to a candidate even if donated to a committee if you know "that a substantial portion will be contributed to, or expended on behalf of, that candidate for the same election".)

You might be able to get the inference in on party committees as well if you're doing a max-out candidate donation separately. Most likely outcome is donors give a max out on the total candidate limit to the party committees for distribution, split up as they like (with separate effective aggregate maxes for the chamber-specific committees in theory.). Which gives the party more power and reduces superPAC influence since donors can donate more in an attributable manner, which on net is probably a good thing.

Fried Chicken
Jan 9, 2011

Don't fry me, I'm no chicken!

Chris Christie posted:

Friendly reminder that those wonderful sweet justices on the left side of the SCOTUS have no problem making GBS threads all over things like property rights or 2nd amendment rights. They think it's perfectly OK for government to take your land or home and sell it to the highest bidder, and perfectly OK for a city or state to ignore the bill or rights and strip its citizens of their constitutional rights.

The Supreme Court is going to be awful no matter which way the 4-4-1 split eventually breaks.

Oh seriously gently caress off. We are less than 48 hours out from the latest spree shooting and you are in here :supaburn: MA GUNS! :supaburn: Literally, not at all figuratively, the names of the victims hadn't even been released at the time of this post.

I'm firmly on the side of gun rights, but twits like you make it hard to defend. You are like Hugo Schwyzer for feminism, Richard Dawkins for atheism, or tumblr-ites for any brand of social justice. poo poo like this makes me want to throw my hands up and side with the other guys just to thwart you, no matter how important the ideal is.

sullat
Jan 9, 2012

peter banana posted:

Ted Cruz posts "Quick Poll" on Facebook about whether or not Americans are better off now with the ACA. It doesn't go exactly the way he planned.

https://www.facebook.com/SenatorTedCruz/posts/517779935000978

One day, there will be a politician who understands social media. But until that day, good times.

Joementum
May 23, 2004

jesus christ

sullat posted:

One day, there will be a politician who understands social media. But until that day, good times.

Unfortunately that politician already exists* and his name is Steve Stockman.


* for another nine months.

Evil Fluffy
Jul 13, 2009

Scholars are some of the most pompous and pedantic people I've ever had the joy of meeting.
There are republican politicians that understand social media. They're the ones that avoid using it as much as possible.

Raskolnikov38
Mar 3, 2007

We were somewhere around Manila when the drugs began to take hold

Fried Chicken posted:

Oh seriously gently caress off. We are less than 48 hours out from the latest spree shooting and you are in here :supaburn: MA GUNS! :supaburn:

No but see without the second amendment his child will inherit a hell somehow worse than the one the Republicans are currently constructing.

Nintendo Kid
Aug 4, 2011

by Smythe
Immediately shrieking about your gun rights right after a shooting should be a legal symptom of being mentally unfit to carry guns.

Nessus
Dec 22, 2003

After a Speaker vote, you may be entitled to a valuable coupon or voucher!



To be fair, it might've been a generic piece of counter-sass, because really when have we NOT just had some random public massacre?

FAUXTON
Jun 2, 2005

spero che tu stia bene

Sometimes the ol' deuce-alpha has a way of delivering full-metal irony to gunbunnies a la Inhofe's son dying in a plane crash a couple years after Inhofe almost killed a runway crew by landing on the closed runway they were working.

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Gumbel2Gumbel
Apr 28, 2010

Nessus posted:

To be fair, it might've been a generic piece of counter-sass, because really when have we NOT just had some random public massacre?

Help, someone gave this person the ability to depress me while making me laugh.

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