The Supreme Court: RIP Literally Everything

Probably just a brain rotted racist piece of shit.

Oklahoma revving up to get a virtually-complete abortion ban.

I’m sure SCOTUS will overturn.

Abortion is going to be illegal in every red state within a few years and lasting for the next 30-50 years and probably federally at some point in there for a stretch of GOP trifecta control to Dem trifecta control, and that’s assuming we ever manage another trifecta.

Gay marriage is on deck:

Which will be first to make getting an abortion a capital crime? Texas seems like the obvious favorite but Florida’s also in the running.

I think there is a bit of work to do there. Even Texas’ absurd law does nothing to the woman who actually gets the abortion.

I mean I’m sure they’re up to the task, but it may be a few years.

That’s just to give cover to the courts and public opinion cover (see we don’t want to punish the woman) to keep it in place until the Courts overturn Roe. The logic of these half measures don’t make sense on their face. Abortion is murder but we don’t blame the murderer? As soon as it gets overturned they’ll go full throttle.

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I guess technically the doctor is the alleged murderer and the woman would be the accomplice, no?

Depends. If it is a non-surgical one, then generally the doc isn’t forcing the pills down the woman’s throat. She takes what the doctor prescribes. So, in those cases, woman=murderer, doc=accomplice fits better.

True…I wasn’t thinking non surgical.

ETA: I’ve never equated non surgical with abortion.

Clarence Thomas has a worldview that is basically right-wing CRT.

White America will never accept black Americans so integration is futile and freedom of speech applies to its fullest when cigarettes are being marketed.

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https://twitter.com/steve_vladeck/status/1511694212156346369?s=21&t=LHXw8YlFQtxvmOIa6gSgeA

Hold on while I get out my law bro decoder ring. I know it’s bad because Kagan dissented. But as usual I’m flummoxed on what this actually means.

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Clean Water Act: don’t pollute drinking water

Trump Admin: do it if you want, I don’t care

SCOTUS: Trump wins but we can’t defend it on any rational grounds so shadow docket

Ok just for my curiosity:

First we had some Clean Water Act rule.

Then a district court vacated this rule.

Then SCOTUS issues a shadow docket stay. What does this mean exactly? SCOTUS did nothing? What is the alternative SCOTUS action or non-action that the minority voted for?

Where does the Trump admin come in?

Timeline goes like this:

  • old EPA rule
  • Trump admin makes a new rule that is more favorable to industry
  • District Court strikes down the Trump rule. So, Trump rule would go away and old rule would apply for now.
  • Industry says we are going to make a formal appeal to the Circuit Court and also makes “emergency” appeal to SCOTUS asking them to stay the District Court ruling. Issuing a stay basically means that the District Court ruling is paused while the longer formal appeal goes to the Circuit Court.

So the bottom line is that issuing the stay (what the majority did) means that the Trump rule is in effect while the longer appeal is processed. If the stay were denied (as the minority wanted) then the older EPA rule would apply for the time being.

Kagan’s argument is basically that the majority is wrongly claiming something is an emergency when it really is not simply to let the Trump rule stay in force.

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Thank you! This helps immensely.

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It looks like district court overturned the rule and did not issue a stay pending appeal, so the (Trumpist?) rule is dead. The case is currently on appeal in the 9th Cir. The appeal may take 1-2 years. The 9th Cir. apparently did not stay the district court’s decision pending appeal. The polluters sought a stay in the Suprmee Court (a very rare thing prior to the current 6-3 composition), and the SCt is apparently letting the rule go into effect while the case is being considered by the 9th Cir.

The 9th Cir will probably side with the lower court, killing the rule. Then the polluters will appeal to the Supreme Court in about 2 years, the 9th Cir. will be reversed, and the rule will go into effect.

Not if Thomas dies soon!

Can’t Biden admin just make a new rule that undoes all of this?

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