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Pener Kropoopkin
Jan 30, 2013

https://www.metrotimes.com/news-hits/archives/2018/07/02/us-court-detroit-students-have-no-right-to-access-to-literacy

quote:

On Friday, dumped out with the least desirable news of the week came word that a lawsuit arguing that Detroit students were being denied an education had been dismissed.
...

Last year, the state moved for dismissal, arguing that the 14th Amendment contains no reference to literacy.

Then, last week, U.S. District Judge Stephen Murphy III agreed with the state.

Literacy is important, the judge noted. But students enjoy no right to access to being taught literacy. All the state has to do is make sure schools run. If they are unable to educate their students, that's a shame, but court rulings have not established that "access to literacy" is "a fundamental right."

*nods originalistly*

quote:

The lawsuit took pains to illustrate how Detroit's schools — run under a state-appointed emergency manager — were a welter of dysfunction: overcrowded classrooms, lack of textbooks and basic materials, unqualified staff, leaking roofs, broken windows, black mold, contaminated drinking water, rodents, no pens, no paper, no toilet paper, and unsafe temperatures that had classes canceled due to 90-degree heat or classrooms so cold students could see their breath.

At times, without teachers or instructional materials, students were simply herded into rooms and asked to watch videos. One student claimed to have learned all the words to the film Frozen in high school. The lawsuit even mentions one eighth grade student who "taught" a seventh and eighth grade math class for a month because no teacher could be found.

We had described such teaching methods as a sort of "throw a book at them and hope they learn something" method of education — only without the book to throw. Student cannot be expected to learn when they are simply "warehoused for seven hours a day" in "an unsafe, degrading, and chaotic environment" that is a school "in name only." It is hardly surprising that, at the plaintiff's schools, which serve almost exclusively low-income children of color, almost 99 percent of the students are unable to achieve proficiency in state-mandated subjects.

Public schools are doomed. Thanks, judge.

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Taintrunner
Apr 10, 2017

by Jeffrey of YOSPOS
can we make this the American education is a nightmare thread because whoo boy is it a nightmare system

Pener Kropoopkin
Jan 30, 2013

Taintrunner posted:

can we make this the American education is a nightmare thread because whoo boy is it a nightmare system

I was waffling between putting American education into the thread title or just making it a judges are bad thread.

Rookoo
Jul 24, 2007

Taintrunner posted:

can we make this the American education is a nightmare thread because whoo boy is it a nightmare system

Might as well make an America is a nightmare thread, the country certainly seems to be trying to cover all the bases.

forkboy84
Jun 13, 2012

Corgis love bread. And Puro


With the power they have and the long terms they serve it's always surprised me that assassinating your Supreme Court Justices never really caught on.

Obviously I'm not arguing you should do that, just think it's surprising and shows limited vision that more Presidents have been killed in office.

get that OUT of my face
Feb 10, 2007

after trump is gone, round up every supreme court justice except sotomayor and ginsburg (if she's alive)

"originalism" is a loving lie, it's nothing more than a nice-sounding term for codifying the republican party into jurisprudence

Terror Sweat
Mar 15, 2009

forkboy84 posted:

With the power they have and the long terms they serve it's always surprised me that assassinating your Supreme Court Justices never really caught on.

Obviously I'm not arguing you should do that, just think it's surprising and shows limited vision that more Presidents have been killed in office.

americans are cowardly cucks, all this talk of American politics being angrier than others is just bluster

get that OUT of my face
Feb 10, 2007

forkboy84 posted:

With the power they have and the long terms they serve it's always surprised me that assassinating your Supreme Court Justices never really caught on.
this is very, very tempting, but also, there are no constitutional limits to the number of supreme court justices on the bench, so there's no good reason why the next president shouldn't just pack the court. also the radical right-wing politicization of the judiciary has only happened very recently, and the effective far-right legislation from the bench has been even more recent

the only thing FDR did wrong with his court-packing scheme was backing off from it imo

Gazpacho
Jun 18, 2004

by Fluffdaddy
Slippery Tilde

quote:

The lawsuit even mentions one eighth grade student who "taught" a seventh and eighth grade math class for a month because no teacher could be found.
good kid, hope he went easy on the grades

Helsing
Aug 23, 2003

DON'T POST IN THE ELECTION THREAD UNLESS YOU :love::love::love: JOE BIDEN

get that OUT of my face posted:

this is very, very tempting, but also, there are no constitutional limits to the number of supreme court justices on the bench, so there's no good reason why the next president shouldn't just pack the court. also the radical right-wing politicization of the judiciary has only happened very recently, and the effective far-right legislation from the bench has been even more recent

the only thing FDR did wrong with his court-packing scheme was backing off from it imo

The Supreme Court has always been politicized and was very right wing and reactionary up until the Warren Court. Why do you think FDR was threatening to pack the court in the first place?

Main Paineframe
Oct 27, 2010

get that OUT of my face posted:

the only thing FDR did wrong with his court-packing scheme was backing off from it imo

fdr's problem was that prominent Congressional Dems opposed his court-packing effort, held it up in committees, and whipped against it

Yinlock
Oct 22, 2008

Terror Sweat posted:

americans are cowardly cucks, all this talk of American politics being angrier than others is just bluster

WampaLord
Jan 14, 2010

Main Paineframe posted:

fdr's problem was that prominent Congressional Dems opposed his court-packing effort, held it up in committees, and whipped against it

We have been poisoned by :decorum: since the founding of this nation.

Yinlock
Oct 22, 2008

Helsing posted:

The Supreme Court has always been politicized and was very right wing and reactionary up until the Warren Court. Why do you think FDR was threatening to pack the court in the first place?

it was super right-wing again right up until scalise died and then it became slightly right-wing

p. much all the recent social progress has come from the court not being COMPLETE poo poo for like the first time in ages

Main Paineframe
Oct 27, 2010

WampaLord posted:

We have been poisoned by :decorum: since the founding of this nation.

also, a lot of them were conservative Dems who weren't really on board with the New Deal and didn't want the judicial obstacle removed from FDR's path

Pener Kropoopkin
Jan 30, 2013

get that OUT of my face posted:

after trump is gone, round up every supreme court justice except sotomayor and ginsburg (if she's alive)

"originalism" is a loving lie, it's nothing more than a nice-sounding term for codifying the republican party into jurisprudence

Right wing SCJs just make up legal doctrines out of whole cloth so gently caress it.

Dreddout
Oct 1, 2015

You must stay drunk on writing so reality cannot destroy you.

Pener Kropoopkin posted:

Right wing SCJs just make up legal doctrines out of whole cloth so gently caress it.

https://en.m.wikipedia.org/wiki/Donation_of_Constantine

get that OUT of my face
Feb 10, 2007

remember how the Bong Hitz 4 Jesus guy was found to not be protected by the 1st amendment way back in 2007, but freedom of speech has been expanded to protect heinous poo poo far beyond the scope of its original intent? just another reason why "originalism" is not a legitimate legal doctrine

Pener Kropoopkin posted:

Right wing SCJs just make up legal doctrines out of whole cloth so gently caress it.
there are still people out there, as in people who i agree with on political issues, who still think that the far-right justices are bound by legal tradition and that they don't take cases just because they can redo precedent. those people are delusional

Rand alPaul
Feb 3, 2010

by Nyc_Tattoo
Oklahoma schools are only open four days a week and cannot pay teachers enough to live. But they found enough money to double random drug testing after the state legalized medical marijuana.

quote:

"It just does seem coincidental that it was with the passage of 788," Towne said. However he did voice concerns he has about medical marijuana, concerns that are felt by parents as well. "My concern is how it’s going to effect students on campus and the availability," Towne said. "We always worry about students having easier access to it."

Pener Kropoopkin
Jan 30, 2013

The thing about Oklahoma is, everybody smokes weed. There's nothing else to do in most parts of the state except smoke weed, do opiates, and gently caress. That's the only reason the medical marijuana ballot measure passed despite Oklahoma being one of the most backwards CHUD hellholes in the country, and feigning concern about high school students having access to marijuana now is a loving joke.

Kurtofan
Feb 16, 2011

hon hon hon
oklahoma sounds like my kind of state

Pener Kropoopkin
Jan 30, 2013

costs of living are extremely low. if you can make the right friends it’s a better state to live in than any southern state with higher rents. just good luck getting healthcare.

Dreddout
Oct 1, 2015

You must stay drunk on writing so reality cannot destroy you.

Pener Kropoopkin posted:

The thing about Oklahoma is, everybody smokes weed. There's nothing else to do in most parts of the state except smoke weed, do opiates, and gently caress.

Well that and meth

Pener Kropoopkin
Jan 30, 2013

Dreddout posted:

Well that and meth

Oh yeah. Even in a rich town like Bartlesville there was a meth lab explosion once every few years.

Dreddout
Oct 1, 2015

You must stay drunk on writing so reality cannot destroy you.

Pener Kropoopkin posted:

Oh yeah. Even in a rich town like Bartlesville there was a meth lab explosion once every few years.

Tulsa county has the highest concentration of meth labs in the world lmao.

I knew we were going to get medical weed when I heard two 40+ white women complaining about not having it at my therapist's office about a month ago.

The sad thing is most Oklahomans are deluded enough to assume the new taxes are going to go to the school system.

Pener Kropoopkin
Jan 30, 2013

my mom was a special needs teacher in Oklahoma before moving to Arkansas. They were implementing scientific management all across the state so they would force young teachers out of the system and never pay anyone a raise or pension. They just kept heaping administrative work on teachers until they had a 12 hour work day.

Willie Tomg
Feb 2, 2006
scalia opinions were some of the finest absurdist short stories written in the 21st century. a brilliant creative mind lost to the legal system

ikanreed
Sep 25, 2009
Probation
Can't post for 2 hours!

Willie Tomg posted:

scalia opinions were some of the finest absurdist short stories written in the 21st century. a brilliant creative mind lost to the legal system

Society was his parchment

Rand alPaul
Feb 3, 2010

by Nyc_Tattoo

Willie Tomg posted:

scalia opinions were some of the finest absurdist short stories written in the 21st century. a brilliant creative mind lost to the legal system

My favorite was him using a dictionary from 1700 to explain what the words Bear and Arms meant in DC v. Heller.

Rand alPaul has issued a correction as of 21:23 on Jul 6, 2018

get that OUT of my face
Feb 10, 2007

scalia was the most retarded legal mind on SCOTUS, except for everyone else that subscribes to "originalist" "judicial" "philosophy"

Helsing
Aug 23, 2003

DON'T POST IN THE ELECTION THREAD UNLESS YOU :love::love::love: JOE BIDEN
It's cool how in Canada there's an explicit 100 year old legal precedent declaring that originalism is bullshit

Rand alPaul
Feb 3, 2010

by Nyc_Tattoo

get that OUT of my face posted:

scalia was the most retarded legal mind on SCOTUS, except for everyone else that subscribes to "originalist" "judicial" "philosophy"

It's a real shame he died before discovering the original intent behind the First Amendment -- tort reform.

Lawman 0
Aug 17, 2010

Helsing posted:

It's cool how in Canada there's an explicit 100 year old legal precedent declaring that originalism is bullshit

That's awesome

Raldikuk
Apr 7, 2006

I'm bad with money and I want that meatball!

Rand alPaul posted:

My favorite was him using a dictionary from 1700 to explain what the words Bear and Arms meant in DC v. Heller.

If one believes in originalism, then this makes perfect sense. Dictionaries show definitions of words in order of usage. So using a dictionary from 1700 can give good insight into what people of that era would have thought about the meaning of those words that could be drastically different from today.

The problem is that originalism itself is bonkers given that the Constitution has a process to amend it baked in. And in fact, it is an amendment to this Constitution that they happen to fellate. It's all well and good to determine what the founders meant by whatever, but that shouldn't have any bearing on how the courts rule. It only gets used because it is a good veil for what they really want, which isn't a strict adherence to the founder's wishes, but to get back to a society where people could be owned as slaves and women couldn't vote. A person like Scalia would eschew the concept of originalism if the original document banned arms, or allowed women to vote, or if it didn't codify the system of slavery in the US.

Thomas gets really off the rails here because he actually opposes amendments themselves as violating originalism; but at least he's consistent (almost)?

KaptainKrunk
Feb 6, 2006


the framers of the constitution were almost to the man reactionaries carrying out a proto-Thermidor, so in that sense I guess Scalia and co. are kinda right

Willie Tomg
Feb 2, 2006
if it weren't for his SC appointment, thomas would be a profoundly sad figure. even as things stand its at least melancholy

Dreddout
Oct 1, 2015

You must stay drunk on writing so reality cannot destroy you.

Pener Kropoopkin posted:

my mom was a special needs teacher in Oklahoma before moving to Arkansas. They were implementing scientific management all across the state so they would force young teachers out of the system and never pay anyone a raise or pension. They just kept heaping administrative work on teachers until they had a 12 hour work day.

drat dude that sucks, my mom's was also an science teacher but my family was too poor to leave Oklahoma so when she got priced out she became a secretary. :smith:

Calibanibal
Aug 25, 2015

Secretaries are still teachers. It's just that the curriculum is to teach me what time my appointment is

Rand alPaul
Feb 3, 2010

by Nyc_Tattoo

Raldikuk posted:

If one believes in originalism, then this makes perfect sense. Dictionaries show definitions of words in order of usage. So using a dictionary from 1700 can give good insight into what people of that era would have thought about the meaning of those words that could be drastically different from today.

The problem is that originalism itself is bonkers given that the Constitution has a process to amend it baked in. And in fact, it is an amendment to this Constitution that they happen to fellate. It's all well and good to determine what the founders meant by whatever, but that shouldn't have any bearing on how the courts rule. It only gets used because it is a good veil for what they really want, which isn't a strict adherence to the founder's wishes, but to get back to a society where people could be owned as slaves and women couldn't vote. A person like Scalia would eschew the concept of originalism if the original document banned arms, or allowed women to vote, or if it didn't codify the system of slavery in the US.

Thomas gets really off the rails here because he actually opposes amendments themselves as violating originalism; but at least he's consistent (almost)?

The problem with him using the dictionary is that he ignored what the founders said about the amendment and instead made a very disingenuous "well you see bear means to hold and possess, and arms means weapons of war so..." even though historians filed an amicus curiae briefing with about 90 pages of quotes about standing armies and militia musters.

You're correct, he ignores literally anything that contradicts his 'originalist' view. He's like a climate denier that cherry picks research.

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get that OUT of my face
Feb 10, 2007

Rand alPaul posted:

Oklahoma schools are only open four days a week and cannot pay teachers enough to live. But they found enough money to double random drug testing after the state legalized medical marijuana.
debts, deficits, and budget shortfalls are OK if it's done in the name of spite

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