The Supreme Court, Part 2: When the president does it that means that it is not illegal

https://thehill.com/regulation/court-battles/4798492-bill-barr-biden-supreme-court-reform/

Another leak about Supreme Court deliberations. Also makes the complaints about Barrett, that she’s under the sway of Kagan, make sense.

I get that this stuff is non sensical, but I don’t get how this

In his separate July 1 opinion for a minority, Alito pointed up why states might want to regulate how platforms filter content: “Deleting the account of an elected official or candidate for public office may seriously impair that individual’s efforts to reach constituents or voters, as well as the ability of voters to make a fully informed electoral choice. And what platforms call ‘content moderation’ of the news or user comments on public affairs can have a substantial effect on popular views.”

is compatible with rejecting the equal time doctrine. I mean I know Alito is just mad that conservatives are supposedly being censored, but it seems like not allowing Biden to give a presentation package on Fox News could substantial effect Biden’s ability to reach voters.

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Justice Clarence Thomas failed to publicly disclose additional private travel provided by the wealthy conservative donor Harlan Crow, a top Democratic senator said in a letter on Monday.

Customs and Border Protection records revealed that the justice and his wife, Virginia Thomas, took a round trip between Hawaii and New Zealand in November 2010 on Mr. Crow’s private jet, according to the letter. Senator Ron Wyden, Democrat of Oregon, writing to Mr. Crow’s lawyer, demanded that he supply more information about the financial relationship between the two men.

https://www.nytimes.com/2024/08/05/us/politics/clarence-thomas-harlan-crow-private-jet.html?smid=nytcore-ios-share&referringSource=articleShare

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This recent episode made me slightly more sympathetic to the majority position on the recent homeless case. At least it doesn’t seem totally made up like their other major decisions.

Cliffs? Because at first glance in June, I thought this was a cruel decision that, while not batshit insane, still rested on poor logic and ignored precedent, and yesterday’s 5-4 only reinforced that.

Essentially because the law doesn’t make it illegal to be homeless it doesn’t contradict the constitution. The law makes actions illegal (ie camping). The president made it illegal to be a drug addict.

Interesting nuance that doesn’t seem totally batshit insane like so much if the other reasons.

Obviously I don’t agree but at least it doesn’t seem wholly made up.

That has been covered by others (and coincidentally by 5-4 in the episode mentioned by TN)

The court pretends it’s actions because that’s what they have to say, the same way they pretend all of their rulings are based on something that could maybe somehow have a shred of logic.

But it’s not actions, it’s status. They’re literally saying this, unironically

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Again I am not agreeing. I’m simply saying it doesn’t seem wholly made up like “major questions doctrine”.

I can see good faith people disagreeing on this interpretation. It’s a low bar but at least it’s not totally bs. lol

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I don’t think we should be giving the majority any credit for simply blatantly misapplying the law rather than making it up.

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Yea for sure, I didn’t mean to imply that you agree. Just making the point that I don’t think their argument in this instance actually has any more credence to it than the normal bullshit they spit out

The example they gave in this episode was interesting. Apparently a few years after the first case about status a guy appealed his drunk in public conviction for the same reason and Scotus said those laws are fine as they were not criminalizing being an alcoholic, just being drunk in public.

The original case was a conviction for literally being an addict.

It’s an interesting nuance.

It makes it illegal to be broke.

It was the law until 2018, so no reason to assume it has no legal basis. It’s still heinous and obviously cruel.

It’s not illegal to not have a home or to sleep, just to sleep if you don’t have a home.

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ie, the difference is that you don’t have to get drunk or take drugs to live, but you do have to sleep and get some kind of shelter.

Return of the two penny hangover coming soon

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Sure but as I understand the original SCOTUS logic it was that being an addict isn’t a choice so it’s a status. Laws can’t make a status illegal.

Again, I’m not agreeing with the decision. Just found it more nuanced than I had originally thought.

And sleeping isn’t a choice either at some point. Is breathing a choice? The law in question was one in Grants Pass, Oregon where it was illegal to sleep in public. You can argue about whether taking shelter and sleeping is an action or status, but that’s dumb lawbro stuff. It’s not reasonable to legislate as if it’s a choice.

And again, those kinds of laws were in place up until 2018. This new horrible decision is a return to the norm, so it’s not like Clarence Thomas is the first asshole in history.

:+1: