Sounds like the floating witch problem to me.
Oh wait…
Not really sure if this goes here or in the crazy GOP thread or what
https://www.washingtonpost.com/nation/2022/07/14/texas-sues-biden-emergency-abortion/
Seems like simple grandstanding… it’s not turning ERs into on demand abortion clinics, no one thinks that
I mean, sure. until it gets up to the SCOTUS and they decide for Texas.
The beginning of the end of LGBTQ rights. Trans rights on the chopping block first, obviously
If only we had someone in office who understood the “lol fuck you” legal theory and its corollary “fuck you, make me”. Too bad we’re stuck with lol Joe Biden.
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They understand them, it’s just that those are bad things.
lol
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Your plan to lead us into a Christian theocracy isn’t better.
That’s a great read!
the problem is that deplorables don’t care if the supreme court is legit. If anything, that’s a feature, not a bug for them, since it basically just means the states can do whatever they want. it’s yet another asymmetric issue.
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Live look at Biden’s Solicitor General
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The perfect liberals must trianglulate to Republican Calvinball article
This at least seems to be the emerging liberal-legal consensus. One Harvard law professor recently called independent state legislature theory, or ISL, “debunked” in the Los Angeles Times, and other academics deemed it “unsupportable” in these pages. A paper in the University of Chicago’s Supreme Court Review refers to the “independent-state-legislature notion and related rubbish.”
There’s one problem: Most justices on the Supreme Court may disagree. Five of the court’s conservatives have joined opinions that credit state legislatures’ constitutional responsibility for election law. Only the newest conservative justice, Amy Coney Barrett, has no record on the issue.
If this court is presented with a binary choice on ISL next term, a majority could endorse it — just as it rejected Roe when given a binary choice last term. Yet legal liberals seem uninterested in putting forward an intermediate constitutional theory that might win over Barrett, Roberts or Brett M. Kavanaugh.
Such intermediate theories likely exist. University of Iowa law professor Derek Muller, for example, has contemplated a “weak version” of ISL. It would hold that the legislature doesn’t have total autonomy over elections, but that “there is some outer bound” to how far its laws can be bent by other state officials before the federal courts can step in.
Help their cause? The state legislature theory is pure calvinball. No one has thought the legislature had sole discretion in elections until Republicans realized that if they played the textualism card then the pure words of the text give Republican legislatures free reign. Of course if they played the originalism card then we’d have the status quo. And now it’s liberals, who refuse to moderate to another pure Calvinball position that absolutely no one’s had, that might be the ones who hurt their cause in the Republicans always win v United States
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They’re just impartial justices that can be swayed by the proper arguments. It’s hardly the courts fault if liberals don’t find the magical arguments to save people’s rights.
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