Quote (Goomshill @ Apr 19 2022 08:51am)
Yeah but isn't it kind of hard to talk about shadow docket activist judges when one side is attempting to change the status quo by circumventing congress using executive actions and judicial orders, while the other side is just trying to preserve the status quo and original intent and letter of the law using those same tactics? I think the "activism" part implies you're trying to enact some kind of policy. And this whole very long and winding charade boils down to federal democrats trying to wrest jurisdiction over wetlands from republican state governments to enact federal regulations on them, without passing a bill in congress (where they can't). They can make good arguments about the nexus of ephemeral waterways to interstate and international waters, but those should be arguments for legislation, not courts. Policy, not fact of law. Trying to redefine 'navigable waters' to include an arroyo that I can ride a bicycle through for 364 days of a year, rings of judicial activism.
I think you're just making one big criticism of a democratic republic in general, more than just our court system. The majority of people and their representatives won't support the kind of legislation you want, so you'd prefer unilateral action without the consent of the governed. If angels were to govern men, neither external nor internal controls on government would be necessary, and if men were angels, no government would be necessary.
at any rate its a better argument when we come to something like Roe v Wade, where republicans want to be forces of chaos. But then again, that too was fundamentally judicial activism at its finest, even if its now longstanding status quo precedent.
Roe v Wade wasn't judicial activism, the court literally stated that it could not determine what has been a philosophical question for thousands of years that even the great Socrates struggled with. The opinion is that it isn't within the court's scope to define personhood, and it was a wise decision, and made abortion a private matter within the first trimester, when where is no question that the fetus isn't a human yet, scientifically. Beyond that the states can decide after 15 weeks.
You would be being an honest debater right now if you were objective but you are so lost in the weeds you can't see anything. It wasn't the liberal justices that pulled the Citizens United fiasco. I don't hold it against you, you're an ideologue and I'm a pragmatist, we're just different, and I have way less ideological commitments than you.
Not sure what the bold is addressing. I want less laws passed not more. I want less people telling me what to do, where I can go , what I can wear, etc. You're like "my flavor of authoritarian is better than yours".
Quote (Defendor @ Apr 18 2022 01:40pm)
Just leaving my daily
FUCK JOE BIDEN
Does anybody actually like Joe Biden? Election was Turd Sandwich vs Giant Douche. We need better candidates than people we wouldn't actually hire for other jobs because they're too old.
How many job applicants in their 70s are taken seriously? Yes, I'm being ageist, but human development suggests that the person a bit past their prime. And the guy we had was actually doing a bad job...he actually fucked up the recovered Obama Economy by trying to make the covid response as bad as possible. Russia would probably be halfway to Krakow by now with the US out of NATO by now lol.
This post was edited by Skinned on Apr 19 2022 07:42am