• footfaults [none/use name]
    ·
    edit-2
    2 hours ago

    Cuomo in NY during COVID forced the production of hand sanitizer by slaveprison labor and Gruesome Newsom forces slaveprison labor to fight forest fires so you know what, maybe the 14th amendment kind of sucks because it lets everyone pretend that slavery did get abolished and it's a "solved problem"

    So yeah you know what fuck it, let the fascists rule that a constitutional amendment is unconstitutional and blow up the Constitution through a paradox (how can the constitution itself be unconstitutional?)

  • Parzivus [any]
    ·
    4 hours ago

    Pretty sure she's just saying an originalist would have to oppose the existence of West Virginia to be ideologically consistent. Expecting any American politician to have an ideology is lib shit though

    • _pi@lemmy.ml
      ·
      edit-2
      4 hours ago

      Yeah Antonin Scalia was a textualist until he wasn't, until he was again, until he wasn't.

      • buckykat [none/use name]
        ·
        1 hour ago

        Every "originalist"/"textualist" is this way. It's an inherently dishonest position based entirely on finding any excuse to push reaction through the judiciary.

        • _pi@lemmy.ml
          ·
          3 hours ago

          Listen everything Scalia wrote was ideologically consistent because it used the same verbiage as Bush V Gore, "limited to present circumstances".

          • Wheaties [she/her]
            ·
            2 hours ago

            ah, a personal favorite,

            this ruling sets no precedent because I decided it doesn't

            The kind of thing produced by a very real and legitimate court system and definitely not just 9 unaccountable, unelected elders making decisions on a whim.

    • edge [he/him]
      ·
      edit-2
      3 hours ago

      I don't really see why. Multiple states had previously been split from existing states without controversy (including Kentucky also split from Virginia). All that's required is the approval of the state legislature and Congress. The Virginia state legislature as recognized by Congress and the President voted to allow the counties of West Virginia to leave and form their own state. Congress and the President approved.

    • regul [any]
      ·
      4 hours ago

      They haven't been this horned up since the 248 days before the admission of Hawaii in 1959.

  • YoungSheldonAdelson [they/them]
    ·
    5 hours ago

    If I were a us supreme court justice in 2024 I would be pretty careful when throwing around words like ‘illegitimate.’

  • SacredExcrement [any, comrade/them]
    ·
    5 hours ago

    I'd posit that the entirety of the US is illegitimate, but it is amusing that people who believe in adhering to every single letter in a document authored 250 years ago are taken remotely seriously

    • kittin [he/him]
      ·
      1 hour ago

      the arguably unconstitutional United States of America

    • urmums401k [she/her, they/them]
      ·
      5 hours ago

      Yes but if your entire intelligence plusca few high end gpu's are turned to the task of justifying whatever you currently feel, and that is the entire purpose of everything in the world, then you can totally pick and choose.

      They really are brilliantly stupid, and I mean it when I say that.

  • Zoift [he/him]
    ·
    3 hours ago

    This is the medium domino in the chain that leads to the full cardinality of Virginia.

  • FloridaBoi [he/him]
    ·
    5 hours ago

    How tf is an amendment illegitimate? It’s an amendment. It amends the constitution

    • TheDoctor [they/them]
      ·
      4 hours ago

      I’m going to introduce an amendment to the constitution that reads, “this amendment is unconstitutional”. Boom. Instant constitutional crisis.

    • Chronicon [comrade/them]
      ·
      edit-2
      4 hours ago

      Show

      lonk: https://www.valleydude70.com/blog-1/2020/9/29/amy-comey-barrett-and-the-fourteenth-amendment

      If they claim the 14th is illegitimate but make no such claim about the 13th and 15th, it's just what @urmums401k said. If they claim all 3 are illegitimate they're a fucking confederate sympathizer and should be tarred and feathered as such

      • context [fae/faer, fae/faer]
        ·
        2 hours ago

        no this is great because if original popular sovereignty is the basis of legitimacy then she's definitely endorsing the idea that the united states itself is completely illegitimate. the constitution was imposed on the american people without the support of the necessary supermajority of those same people, since a supermajority of them were explicitly denied enfranchisement by that very constitution.

    • darkcalling [comrade/them, she/her]
      ·
      4 hours ago

      I found this: https://static1.squarespace.com/static/5a794a2a0abd04c9c6e10f85/t/5f7390f725e76e4bfcb6dd35/1601409272651/Amy+Coney+Barrett+Congressional+Originalism.pdf

      Which was linked from here: https://www.valleydude70.com/blog-1/2020/9/29/amy-comey-barrett-and-the-fourteenth-amendment

      (I am not the OP)