Another MAGA (legal) theory bites the dust...

[cosmickid]

This current SCOTUS may not be quite as deranged as I had started to believe. It seems even two of Trump's three appointments retain some sanity where the sanctity of the electoral process is concerned.
Even Kavanaugh and Barett found the argument (advanced by the ultra-gerrymandered GOP controlled NC Legislature) that the Legislature could act independent of both the NC SC and the NC Constitution a bridge too far...

RIP the notion of Independent Legislature theory, advanced by Eastman and a major component behind attempts by various state Legislatures to overthrow the results of the 2020 election in their states... The NC case dealt with GOP claims that when they established highly partisan gerrymandered redistricting that the NC SC ruled unconstitutional, the judiciary was out of line and had no role in legislative oversight.

But by a 6-3 vote sanity prevailed and the idea that state legislatures should have sole, unfettered control over Federal elections and voting issues in their respective states was squashed. Of course Alito and Thomas were their usual partisan selves, but I was surprised that Gorsuch bought in to such a bogus concept.

Thanks to Neal Katyal for his brilliant argument destroying this looney tunes theory...

 

[GiggityGoo]

Barrett and Kavanaugh are Democrats. They just have a modicum of respect for the law, which freaks Democrats the **** out.

They see SCOTUS as a legislative instrument and when justices are appointed who don’t share that view they wet their pants.

My position is Republicans need to stop playing patty cake. Kagan and Sotomayor will NEVER decide against Democratic Party interests when they hear a case around major political issues of the day. We need to appoint justices who will do the same. Enough with milquetoast, federalist society horseshit.

Ultimately this court has 2 right leaning justices in Alito and Thomas. 4 left leaning justices in KBJ, Sotomayor, Kagan and Roberts. And two centrists in Barrett and Kavanaugh.

If anything it leans a bit to the left.

 

[TheOriginalHappyGoat]

This current SCOTUS may not be quite as deranged as I had started to believe. It seems even two of Trump's three appointments retain some sanity where the sanctity of the electoral process is concerned.
Even Kavanaugh and Barett found the argument (advanced by the ultra-gerrymandered GOP controlled NC Legislature) that the Legislature could act independent of both the NC SC and the NC Constitution a bridge too far...

RIP the notion of Independent Legislature theory, advanced by Eastman and a major component behind attempts by various state Legislatures to overthrow the results of the 2020 election in their states... The NC case dealt with GOP claims that when they established highly partisan gerrymandered redistricting that the NC SC ruled unconstitutional, the judiciary was out of line and had no role in legislative oversight.

But by a 6-3 vote sanity prevailed and the idea that state legislatures should have sole, unfettered control over Federal elections and voting issues in their respective states was squashed. Of course Alito and Thomas were their usual partisan selves, but I was surprised that Gorsuch bought in to such a bogus concept.

Thanks to Neal Katyal for his brilliant argument destroying this looney tunes theory...

View embedded media

Technically speaking, Thomas, Alito, and Gorsuch didn't vote in favor of the ISL theory. They voted to dismiss the case as moot, since NC had already won at the state level.

 

[larsIU]

They see SCOTUS as a legislative instrument and when justices are appointed who don’t share that view they wet their pants.

ABORTION

Cognitive dissonance is a disease.

 

[CO. Hoosier]

This current SCOTUS may not be quite as deranged as I had started to believe. It seems even two of Trump's three appointments retain some sanity where the sanctity of the electoral process is concerned.
Even Kavanaugh and Barett found the argument (advanced by the ultra-gerrymandered GOP controlled NC Legislature) that the Legislature could act independent of both the NC SC and the NC Constitution a bridge too far...

RIP the notion of Independent Legislature theory, advanced by Eastman and a major component behind attempts by various state Legislatures to overthrow the results of the 2020 election in their states... The NC case dealt with GOP claims that when they established highly partisan gerrymandered redistricting that the NC SC ruled unconstitutional, the judiciary was out of line and had no role in legislative oversight.

But by a 6-3 vote sanity prevailed and the idea that state legislatures should have sole, unfettered control over Federal elections and voting issues in their respective states was squashed. Of course Alito and Thomas were their usual partisan selves, but I was surprised that Gorsuch bought in to such a bogus concept.

Thanks to Neal Katyal for his brilliant argument destroying this looney tunes theory...

View embedded media

Your first sentence is a very revealing tell.

I think this opinion is very conservative. Barett and Kavanaugh get it. The libs are too focused on politics to understand the deeper issue here.

 

[CO. Hoosier]

ABORTION

Cognitive dissonance is a disease.

Cognitive dissonance is a necessary bI-product of critical thinking. It’s not a disease.

 

[TheOriginalHappyGoat]

Your first sentence is a very revealing tell.

I think this opinion is very conservative. Barett and Kavanaugh get it. The libs are too focused on politics to understand the deeper issue here.

Please. Why not just admit the GOP went too far this time? Why can you make no comment on anything without finding some way to slight "the libs" in the process?

 

[larsIU]

Cognitive dissonance is a necessary bI-product of critical thinking. It’s not a disease.

Well fine, it's the pesticide of the logical world. Necessary but nasty.

 

[CO. Hoosier]

Please. Why not just admit the GOP went too far this time? Why can you make no comment on anything without finding some way to slight "the libs" in the process?

Because SCITUS rejected the NC GOP argument How the argument is rejected is important.

 

[CO. Hoosier]

Well fine, it's the pesticide of the logical world. Necessary but nasty.

I don’t think it’s even nasty. When a critical thinking process can lead in different directions, a choice is necessary.

 

[TheOriginalHappyGoat]

Because SCITUS rejected the NC GOP argument How the argument is rejected is important.

You spelled "because I'm a partisan hack" wrong.

SCOTUS got this one right, after a fashion (technically, Thomas might be the one that got it right, but if they were determined to meet the merits on this case, at least they ruled correctly). But it has nothing to do with some deeper picture that only conservatives can see. Conservative and liberal legal minds alike knew what this case was about, just like the conservative and liberal political actors were ignoring the legal aspects and focusing instead on how the case would help them.

You gratuitous slap at liberals is wrong, but probably instinctual for you at this point.

 

[larsIU]

I don’t think it’s even nasty. When a critical thinking process can lead in different directions, a choice is necessary.

If it makes known an incongruency in an argument, I agree it's not nasty.

Making a choice based on a critical thinking process is making a choice after debate and evaluation. Saying the other side is doing something bad when your side is doing the exact same thing is cognitive dissonance.

 

[CO. Hoosier]

If it makes known an incongruency in an argument, I agree it's not nasty.

Making a choice based on a critical thinking process is making a choice after debate and evaluation. Saying the other side is doing something bad when your side is doing the exact same thing is cognitive dissonance.

Don’t agree.

I believe life begins at conception.

Im also pro choice—within limits.

That is cognitive dissonance.

 

[CO. Hoosier]

You spelled "because I'm a partisan hack" wrong.

SCOTUS got this one right, after a fashion (technically, Thomas might be the one that got it right, but if they were determined to meet the merits on this case, at least they ruled correctly). But it has nothing to do with some deeper picture that only conservatives can see. Conservative and liberal legal minds alike knew what this case was about, just like the conservative and liberal political actors were ignoring the legal aspects and focusing instead on how the case would help them.

You gratuitous slap at liberals is wrong, but probably instinctual for you at this point.

Ha, you accuse me of being hyper partisan and then post that way, I don’t think you see the fundamental conservative point here because if your partisanship. Moreover; I’m not gonna tell you.

 

[Marvin the Martian]

Ha, you accuse me of being hyper partisan and then post that way, I don’t think you see the fundamental conservative point here because if your partisanship. Moreover; I’m not gonna tell you.

Who has the fundamental conservative view, those that voted to oppose independent legislature or those that pushed the idea.

If your conservative belief is in checks and balances, I agree with that.

 

[snarlcakes]

You spelled "because I'm a partisan hack" wrong.

SCOTUS got this one right, after a fashion (technically, Thomas might be the one that got it right, but if they were determined to meet the merits on this case, at least they ruled correctly). But it has nothing to do with some deeper picture that only conservatives can see. Conservative and liberal legal minds alike knew what this case was about, just like the conservative and liberal political actors were ignoring the legal aspects and focusing instead on how the case would help them.

You gratuitous slap at liberals is wrong, but probably instinctual for you at this point.

To be fair to CO he did just start an entire thread where he sides with the left. I personally wanted to kick him out of the conservative tent. He’s all yours now 😁

 

[cosmickid]

Technically speaking, Thomas, Alito, and Gorsuch didn't vote in favor of the ISL theory. They voted to dismiss the case as moot, since NC had already won at the state level.

But that might have been temporary, and it's why Katyal was intent on getting a victory. It's true that the NC Supremes who had a Dem majority at the time ruled the gerrymander unconstitutional. However since that ruling the Pubs gained a majority on the NC SC, so there was nothing to keep the heavily gerrymandered GOP Legislature from trying to revisit and overthrow the ruling...

You can't put anything past the GOP in NC, they are notorious. At one point they were so intent on extreme partisan gerrymandering that they split the campus of NC A&T into two seperate districts so the electoral power of the original district would be diluted. Instead of a single heavily Dem district rooted in the students of the university, they diluted the voting power of both districts by attaching each of them to heavily GOP (rural) districts...

It took from 2011-2019 before a Fedral Court ruled it was unconstitutional. Basically 4 election cycles where the campus Library and Union Bldg (for example) were in seperate Congressional districts...

 

[CO. Hoosier]

Who has the fundamental conservative view, those that voted to oppose independent legislature or those that pushed the idea.

If your conservative belief is in checks and balances, I agree with that.

Judicial review must be an Inherent power of the judiciary in any system of separation of powers and checks and balances. I don’t think judicial review is the least bit inconsistent with the authority granted to state legislatures to draw districts.

 

[TheOriginalHappyGoat]

To be fair to CO he did just start an entire thread where he sides with the left. I personally wanted to kick him out of the conservative tent. He’s all yours now 😁

No thank you. The left already has way too many people who are really into bicycles. You keep yours.

Next you'll be trying to shove McM and his soccer off onto us.

 

[TheOriginalHappyGoat]

Ha, you accuse me of being hyper partisan and then post that way, I don’t think you see the fundamental conservative point here because if your partisanship. Moreover; I’m not gonna tell you.

LOL. I like how you convinced yourself that wasn't an epic fail on your part.

 

[UncleMark]

Judicial review must be an Inherent power of the judiciary in any system of separation of powers and checks and balances. I don’t think judicial review is the least bit inconsistent with the authority granted to state legislatures to draw districts.

So the Republican legislators were wrong then? Can you say that? Straight up, without twisting yourself up in knots?

 

[CO. Hoosier]

No thank you. The left already has way too many people who are really into bicycles. You keep yours.

Next you'll be trying to shove McM and his soccer off onto us.

But We keep our clothes on when we ride.

 

[CO. Hoosier]

LOL. I like how you convinced yourself that wasn't an epic fail on your part.

?

I actually wrote a helluva brief on that point. Between judicial precedent and a statute, there was an aspect of urban renewal action that nobody in opposition had standing to seek review,. I think is unconstitutional, there must always be judicial review.

 

[larsIU]

But We keep our clothes on when we ride.

I mean, past a certain age......shit's gotta stay in one place is what I'm saying.