Even the originalists are going to uphold federal supremacy on clear interstate commerce. It is literally one of the core issues for which the document was written. I can see multiple ways to get to five or even six on SCOTUS as it is currently seated... Well four or five as it is currently seated, but one assumes that the Biden crony being nominated will be sat soon. If the Democrats aren't total imbeciles... Which they may well be.
People still, still believe that the Supreme Court is some kind of principled institution instead of a rubber stamp for state, corporate, and social violence.
Yeah like California spun up some dumb gun law thing that uses the same snitching mechanism as the Texas abortion law in an attempt to get it struck down and establish precendent. There's literally no way the court will find the same way on both of those. Credulous libs will keep trying though and keep painting RBG murals everywhere.
Give neo-confederates shit for waving their flag because they lost but put up pictures of Gisnberg everywhere without a hint of irony.
Kavanagh, yes. Roberts and Gorsuch, no. Not to this extent. And the lawyers who take the case to the Supreme Court will tailor their arguments to make sure they keep Roberts and Gorsuch. Maybe every other section of this bill somehow stands, but not the leaving-the-state part. 0% chance, even if a nutjob in a lower court makes up a justification.
You remember when Gorsuch voted to protect trans employment rights? This is the same as that. He and Roberts are political hacks, but they also have a judicial philosophy that they apply when the question isn't procedural-political or abortion-related.
This one is such a blatant violation of a core function of the federal government. If that isn’t unconstitutional basically nothing is, so I think even the most psychopathic Supreme Court justices would strike this one down.
Dude the founding documents says some bullshit about "All men are created equal" but it was written by a guy who owned slaves. "Unconstitutional" is just some bullshit someone made up, it doesn't mean anything.
It is - but federal supremacy on interstate commerce is a core reason the Constitution was written, which means Roberts and Gorsuch will vote to uphold it. Kavanaugh is a maybe, leaning no. Alito is a probably no. Corny-Badbreath is a hard no. Thomas would probably vote to make being trans a death sentence if he could. That's 2.25 votes + 3 liberal justices who will vote on the civil rights issue depending on when it reaches the Court.
Edit: No possibility of 2 libs because of how Breyer is retiring. Fixed
So... Interstate commerce? Well, the courts might just slap that down out of hand, regardless of who sits on them.
The courts are so compromised by White Christo fascists at this point the law is whatever White evangelical Christians want it to be.
Even the originalists are going to uphold federal supremacy on clear interstate commerce. It is literally one of the core issues for which the document was written. I can see multiple ways to get to five or even six on SCOTUS as it is currently seated... Well four or five as it is currently seated, but one assumes that the Biden crony being nominated will be sat soon. If the Democrats aren't total imbeciles... Which they may well be.
Yeah, we'll see.
Breyer's retirement only takes place once his replacement is confirmed.
Gorsuch and Roberts are ghouls but you're right, there's no way they'll nuke interstate commerce.
there's literally nothing stopping them from ruling one way on this and another way on something else
they do not care about precedent or ideological consistency
it has not been a going concern in conservative jurisprudence for a minute
People still, still believe that the Supreme Court is some kind of principled institution instead of a rubber stamp for state, corporate, and social violence.
Yeah like California spun up some dumb gun law thing that uses the same snitching mechanism as the Texas abortion law in an attempt to get it struck down and establish precendent. There's literally no way the court will find the same way on both of those. Credulous libs will keep trying though and keep painting RBG murals everywhere.
Give neo-confederates shit for waving their flag because they lost but put up pictures of Gisnberg everywhere without a hint of irony.
Kavanagh, yes. Roberts and Gorsuch, no. Not to this extent. And the lawyers who take the case to the Supreme Court will tailor their arguments to make sure they keep Roberts and Gorsuch. Maybe every other section of this bill somehow stands, but not the leaving-the-state part. 0% chance, even if a nutjob in a lower court makes up a justification.
You remember when Gorsuch voted to protect trans employment rights? This is the same as that. He and Roberts are political hacks, but they also have a judicial philosophy that they apply when the question isn't procedural-political or abortion-related.
Just start removing them from power like whack a mole.
Yes because adventurism by trans people will definitely not end in a genocide. Sorry but I am pretty despondent right now.
This one is such a blatant violation of a core function of the federal government. If that isn’t unconstitutional basically nothing is, so I think even the most psychopathic Supreme Court justices would strike this one down.
Dude the founding documents says some bullshit about "All men are created equal" but it was written by a guy who owned slaves. "Unconstitutional" is just some bullshit someone made up, it doesn't mean anything.
True, but that’s not a fundamental tenant of what makes the federal government a legitimate body. The interstate commerce clause is.
The court is run by Christian Fascists now.
It is - but federal supremacy on interstate commerce is a core reason the Constitution was written, which means Roberts and Gorsuch will vote to uphold it. Kavanaugh is a maybe, leaning no. Alito is a probably no. Corny-Badbreath is a hard no. Thomas would probably vote to make being trans a death sentence if he could. That's 2.25 votes + 3 liberal justices who will vote on the civil rights issue depending on when it reaches the Court.
Edit: No possibility of 2 libs because of how Breyer is retiring. Fixed