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Graham Allen
@GrahamAllen_1
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Justice Thomas is ON FIRE.
He took down Colorado attorney Jason Murray BASELESS CLAIMS during Donald Trump's 14th Amendment hearing at SCOTUS.
Thomas - "What are the examples?"
Murray - Provides no examples.
Thomas - "Do you have any examples of this?"
4:46 PM · Feb 8, 2024 //
Kraken from the Metacosmos
3 hours ago
Colorado argues that what even though Trump was never charged, never indicted, never convicted, what he did was so heinous he has to banned from the ballot. What utter drivel. I can't see the Supremes buying an argument that stupid. //
Terrible System
3 hours ago
The odds were much higher that this case would be decided 9-0 in Trump’s favor than that Trump would lose. Maybe one or two of the leftist justices writes a concurring opinion instead of agreeing entirely with the majority, but without a conviction or even a pending charge of insurrection by a criminal court, the argument that Trump should be treated as guilty of a crime based on the fact that Democrats don’t like him is quite possibly the thinnest argument with which any attorney has ever walked into the Supreme Court.
If we want Washington to work for us, the American people, we must start by restoring power back into the hands of those we elect and away from unelected bureaucrats. A critical aspect of this transformation hinges on addressing a doctrine known as Chevron Deference. Far more than a mere technicality, this legal principle has significantly shifted the dynamics of our nation's lawmaking, blurring lines of accountability and diminishing the legislative role of Congress.
For over 40 years, Congress has been derelict in its duties, hiding behind Chevron Deference, established in Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. (1984), to delegate its power to federal agencies. This abdication of responsibility has led to vaguely worded legislation, paralyzing gridlock, and sprawling omnibus bills. One stark example of this issue is the Waters of the United States (WOTUS) rule. Under the influence of Chevron Deference, its interpretation has been subject to dramatic shifts with each changing administration, illustrating the instability and confusion bred by this doctrine. //
The doctrine of Chevron Deference is a fundamental deviation from the constitutional design of our government. The legislative branch, intended by the framers of the Constitution to be the sole creator of laws, has enabled unelected bureaucrats to interpret and effectively create laws, eroding this principle. This isn't about the intelligence or capability of bureaucrats, but about the principle of democratic representation and accountability.
To ensure that laws reflect the will of the people and maintain the balance of power essential to our constitutional republic, we must end Chevron Deference. This change is vital for restoring legislative power to elected representatives. Additionally, adopting single-issue legislation would compel Congress to draft laws that are precise, transparent, and accountable, reflecting the true intent of our Founding Fathers. Single-issue bills, as advocated by James Madison in The Federalist No. 62, would ensure that each law is thoroughly debated and understood before being passed. This approach would eliminate the complexities often buried in omnibus packages, allowing for greater transparency, less government waste, and a greater public understanding of legislation. //
SLOTown Hoosier
3 days ago
This common-sense analysis is hindered by the fact that most Americans have little common-sense, but much sense of self and self-interest. All they care to know about Chevron is that they can fill up their cars.
“Many people consider the things government does for them to be social progress, but they regard the things government does for others as socialism."― Earl Warren //
Random US Citizen
3 days ago
This will help, but the real issue is the SC decision in NLRB v. Jones & Laughlin Steel Corp in 1937 in which the court decided that anything that had the slighted effect on "interstate commerce" could be regulated by congress. A vast swath of unconstitutional laws and regulations hinge on the idea that congress can regulate almost anything as long as there's even the most tenuous connection to commerce. Pick a federal law that's a bad idea and the chances are better than even that the reason it exists is because the black-robed tyrants decided that what they "felt" about an issue was more important than the rule of law or the plain text of the constitution.
Caedite eos. Novit enim Dominus qui sunt eius.
ColderWeather Random US Citizen
3 days ago
NLRB was expansionary for sure, but the one that really had the effect you state here is Wickard. As bad a decision as Dred Scott, Plessy, and Korematsu. //
ConservativeInMinnesota
3 days ago edited
Departments can't make their own rules, that authority belongs to Congress. Congress doesn't have the constitutional power to delegate rulemaking authority to the administrative state. The Constitution requires Congress to make all laws, carry them into execution, and explicitly calls out any department of the US.
Art 1 Sec 8
To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
Wednesday’s arguments were all about whether the Supreme Court should do away with the unworkable Chevron deference. //
Another common theme pushed, especially by Kagan, concerned the question of “who decides?” If there is an ambiguity, Kagan posed several times, do we want the agency or the courts to make the policy decision?
The correct answer, however, is neither: Congress should make policy decisions and draft statutes that provide clarity on the law. When Congress delegates authority to administrative agencies, such authority should similarly be clear.
Chevron deference has allowed Congress for far too long to avoid making tough calls, and while some of the justices seemed fine with that approach, it is inconsistent with our constitutional structure. //
Businesses need certainty, the solicitor general argued, and overturning Chevron would destroy the predictability of the law.
On the contrary, the fishing businesses’ attorneys stressed, what creates uncertainty is Chevron deference, which allows for each new administration to reverse prior regulations. Several justices seemed to share that viewpoint as well. Further, as several of the justices noted, the unworkability of a legal rule can justify its reversal, notwithstanding stare decisis — and several of the exchanges on Wednesday showed Chevron deference, in its current iteration, is unworkable. //
Right there could be the reason two undecided justices join to form a majority to overturn Chevron — it is just not workable because the lower courts won’t do the work required.
What happened to the 1995 ruling my client won in Adarand Constructors, Inc. v. Peña? //
A new president in 2025 must end DEI and all race-based hiring and decision-making by federal departments and agencies. Meanwhile, Congress must codify the Supreme Court’s ruling in Adarand and compel the federal government to comply with the Constitution’s equal protection guarantee. To paraphrase Dr. Martin Luther King Jr., it is the only way to pay the “promissory note” set forth in the Declaration of Independence and the Constitution.
Since the highest court in the land determined that abortion law would be sent back to the states, the Texas law cannot be found in Constitutional conflict. After the initial case was set to be dismissed, Truong appealed to the 5th Circuit, and when his case failed there, it went before SCOTUS. The case is rather scattershot, with defendants named including the state's Republican Governor Greg Abbott, Lt. Governor Dan Patrick, Texas House Speaker Dade Phelan, and former President Donald Trump. Others are also named, and this is where the case unraveled.
Also named as defendants are five of the Justices -- Thomas, Kavanaugh, Alito, Gorsuch, and Barrett -- all of whom recused themselves, as well as Chief Justice Roberts. This means that the remaining three justices are not enough for a quorum to take place. This also means that the case reverts to the 5th District court decision, which was a resounding rebuke.
In that dismissal, the court recognized the frivolousness of the case, with the unanimous decision citing:
Contrary to MacTruong’s assertion otherwise, the district court was entitled to dismiss the action sua sponte upon a finding that the action was frivolous.
So why did I put "removed" in quotes at the beginning of this piece? I did so because it's obvious what's actually going on here. Just as with the Colorado Supreme Court ruling removing Trump from the ballot, Bellows stayed her own decision (meaning it doesn't go into effect), giving the final say to the U.S. Supreme Court.
What does that tell you? It tells you that none of these cheap stunts are meant to succeed technically. It's essentially a foregone conclusion that the U.S. Supreme Court will not only keep the stays in place, but they will ultimately rule against the states trying to use the 14th Amendment without any due process to bar Trump from the ballot.
In the end, Bellows doesn't believe she'll win. She just wants her name in lights while setting up the U.S. Supreme Court to play the bad guy for half the country. It's a tactic the Biden administration has used over and over, enacting illegal measures with an eye on passing the buck to the judiciary so they can cry foul when they lose.
The same thing will happen here. The nation's high court will eventually make a common sense ruling to reinstate Trump on these ballots, and then the far left will call them tyrants who want to destroy democracy. What does that accomplish? It helps juice Democrat turnout. It's all so predictable, and it's a blatant abuse of the system to influence an election.
SquidbillyCPO
16 hours ago
First of all that BS about the Supreme Court is just that BS and it would be unconstitutional to boot. Congress has zero constitutional authority to regulate the coequal judicial branch and the constitution is very clear Supreme Court justices have lifetime appointments the only power they have is impeachment. Like gun control these tyrants in waiting just can’t seem to bring themselves to submit a constitutional amendment which is the right way to do it. And the same with legislative term limits, they are unconstitutional the Supreme Court ruled on that decades ago. //
etba_ss
19 hours ago
If you don't include Congressional staffers in term limits, stock trades and lobbying bans, you will make the problem worse, not better. Instead of having career Congressman and Senators, we will have career staffers who will have all the power and corruption of Congress now, only without the accountability of facing the voters and answering for their votes. //
anon-d4h1
20 hours ago
There's a huge trap here that I have never seen anybody mention in regards to term limits: staff.
Both committee staff and personal staff members.
I used to work on the Hill, and the power senior staff wields can be almost limitless.
They're in place before most members are elected, and they'll be there after those members are gone. Their expertise is almost always deferred to by the members. And as a result appropriations bills, procurement priorities, authorization language already reflect staff priorities and biases more than anything.
Imagine what the impact would be of reducing the time in office of elected members? The power of unelected staff members will grow even stronger.
Any move for term limits (which may in itself be a laudable goal), must include airtight limitations on staff tenure. //
Chris Paige
11 hours ago
None of these reforms will work. Term limits will become term minimums (as no decent candidate will challenge somebody who is leaving soon anyway & no one will fund such candidates as it's not worth it). Besides, it's done nothing in NYC (as you just get a rotating crew of losers).
The key is we need to make Congressional elections more competitive.
First, we need to abolish campaign donation limits. If someone's willing to give you $1MM to run for Congress, then God bless.
Second, we need to limit donations to NATURAL persons who are eligible to vote for the candidate at issue. This would increase intra-party disputes as. national donors couldn't enforce uniformity.
Third, we need to outlaw donations by government workers, government contractors, and employees of highly-regulated firms (ie. if you're company is FDIC insured or part of the Fed, you can't donate.).
Fourth, we need to redraw Congressional map lines to MAXIMIZE inter-party competition.
Fifth, we need to strip the media/social media of their outsized role - neither should be allowed to censor anything that isn't actually illegal.
Sixth, we need to limit secrecy - everything should become public after 20 years w/ exceedingly few exceptions.
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