Page 1 of 3
1
2
3
LastLast
  1. #1
    Old God AntiFascistVoter's Avatar
    10+ Year Old Account
    Join Date
    Jul 2012
    Location
    Shitposting Agasint Fascists
    Posts
    10,641

    Shadow Court Throws Out Wisconsin Maps

    The Federalist Society uses the Shadow Docket to pass create unpopular conservative laws.

    The Court has been doing lately is using the Purcell principle to say;
    • we can’t overturn these illegal Republican maps because we’re a mere eight months from an election
    • then overturning Democratic maps for an election 4.5 months away

    #BREAKING: #SCOTUS uses shadow docket to summarily throw out Wisconsin Supreme Court ruling adopting Governor Evers’s redistricting maps.
    Sotomayor and Kagan publicly dissent:



    Breaking: Supreme Court, in Bizarre Unsigned Opinion, Strikes Wisconsin Legislative Maps on Voting Rights Grounds, Signalling New Hostility to the Voting Rights Act
    In a per curiam (unsigned) opinion on the shadow docket, over the dissent of Justices Kagan and Sotomayor, the Supreme Court has rejected a redistricting plan that a divided Wisconsin Supreme Court had adopted for drawing state assembly and senate districts. I am on my way to teach and so I have time for just a brief analysis here, but the way this case was handled is quite bizarre and is another signal of a conservative supermajority of the Supreme Court showing increasing hostility to section 2 of the Voting Rights Act.

    The majority decision essentially says this: there was an impasse between the Democratic governor and the Republican legislature over drawing district lines. So the court had to draw lines in the first instance. It set forth criteria which essentially said that parties should propose maps that make the least change from the maps of the last decade. The court adopted the Governor’s maps, and those maps added another majority-minority district around Milwaukee. The governor added this district saying it was required by the Voting Rights Act because the failure to draw the district would violate Section 2 of the VRA. When the state supreme court adopted the Governor’s maps, it left open the possibility that they could be challenged later as violating the VRA or as an unconstitutional racial gerrymander (a Shaw claim), violating the Constitution’s equal protection clause. There was no full airing of either issue in this fast-track litigation to draw the district lines.



    I suppose it’s fitting that Donald Trump, a lawless president, would saddle the country with a lawless Supreme Court. This isn’t merely a matter of “denying Biden the same deference” that it extended to the Trump administration, nor of enacting Republican policy preferences on farcical and frequently incoherent grounds. It has at least twice removed injunctions on laws that are “unquestionably illegal under controlling precedent.”

    What’s happened to the Supreme Court is, in broad strokes, consistent with what we’ve seen in other cases of democratic backsliding, such as Poland and Hungary.

  2. #2
    The shadow docket should be illegal, or made fully transparent. The weaponization of it by this activist conservative court as they literally create legislation out of thin air with no explanation or accountability is wild.

    Sure hope whatever Thomas has sidelines him and opens up another seat on the court. Let's at least get back to a 5:4 court so Roberts can actually play the swing vote and attempt to salvage whatever will be left of his historical legacy as, "The Chief Justice who presided over a court in which a lawyer took a shit and flushed his toilet during oral arguments."

  3. #3
    Still wonder how far they can push it before they push too far and people actually start pushing back with more than just words, thoughts and prayers.

    Because, lets face it, the Democratic party won't push back, so it will likely fall onto the public at large to do so and force their hand.
    Since we can't call out Trolls and Bad Faith posters and the Ignore function doesn't actually ignore it. Add
    "mmo-champion.com##li.postbitignored"
    to your ublock or adblock filter to actually ignore ignored posters. Now just need a way to ignore responses to them as well.

  4. #4
    Quote Originally Posted by Fugus View Post
    Still wonder how far they can push it before they push too far and people actually start pushing back with more than just words, thoughts and prayers.

    Because, lets face it, the Democratic party won't push back, so it will likely fall onto the public at large to do so and force their hand.
    Amazing our voting public does not push back yes. I guess the argument is at least half the people want this. Even if you say less around the 40% want full one party rule with no democracy than still the 10% don't give an Eff.

    The simple argument is "One day this could be you", yet their thirst for power and wanting to be the first and establish a fascist state don't care that the Dems might ever do this. Also a purple state like Wisconsin, the Republicans know they can seize power now and never have to worry about Wisconsin being a toss up state. Even my state on Minnesota which is solid blue, could have this happen. This state sometimes will go red with Gov and Legislation. Maybe not courts tho.

    Fascism is here people. The people who let's be honest held the majority power and still hold almost all the power still, fear and hate they are losing it.
    "Buh dah DEMS"

  5. #5
    Old God AntiFascistVoter's Avatar
    10+ Year Old Account
    Join Date
    Jul 2012
    Location
    Shitposting Agasint Fascists
    Posts
    10,641
    Quote Originally Posted by Fugus View Post
    Still wonder how far they can push it before they push too far and people actually start pushing back with more than just words, thoughts and prayers.

    Because, lets face it, the Democratic party won't push back, so it will likely fall onto the public at large to do so and force their hand.
    Do you ask yourself, "Who is fighting these gerrymandering and voter rights laws in court"?
    • Who files these cases?
    • Who argues these cases?


    It's not you, or shithead podcasters say "Dem dun doing nuthing".
    Democrat groups like Democracy Docket and Fair Fight Action, are doing the work and leading the way.
    If you cant even acknowledge the work being put in by allies you're not progressive jack.
    Just some bored gamer in it for the aesthetics.

  6. #6
    The Lightbringer tehdang's Avatar
    7+ Year Old Account
    Join Date
    Mar 2015
    Location
    SoCal
    Posts
    3,203
    Quote Originally Posted by Slacker76 View Post
    The Federalist Society uses the Shadow Docket to pass create unpopular conservative laws.

    The Court has been doing lately is using the Purcell principle to say;
    • we can’t overturn these illegal Republican maps because we’re a mere eight months from an election
    • then overturning Democratic maps for an election 4.5 months away

    #BREAKING: #SCOTUS uses shadow docket to summarily throw out Wisconsin Supreme Court ruling adopting Governor Evers’s redistricting maps.
    Sotomayor and Kagan publicly dissent:



    Breaking: Supreme Court, in Bizarre Unsigned Opinion, Strikes Wisconsin Legislative Maps on Voting Rights Grounds, Signalling New Hostility to the Voting Rights Act
    In a per curiam (unsigned) opinion on the shadow docket, over the dissent of Justices Kagan and Sotomayor, the Supreme Court has rejected a redistricting plan that a divided Wisconsin Supreme Court had adopted for drawing state assembly and senate districts. I am on my way to teach and so I have time for just a brief analysis here, but the way this case was handled is quite bizarre and is another signal of a conservative supermajority of the Supreme Court showing increasing hostility to section 2 of the Voting Rights Act.

    The majority decision essentially says this: there was an impasse between the Democratic governor and the Republican legislature over drawing district lines. So the court had to draw lines in the first instance. It set forth criteria which essentially said that parties should propose maps that make the least change from the maps of the last decade. The court adopted the Governor’s maps, and those maps added another majority-minority district around Milwaukee. The governor added this district saying it was required by the Voting Rights Act because the failure to draw the district would violate Section 2 of the VRA. When the state supreme court adopted the Governor’s maps, it left open the possibility that they could be challenged later as violating the VRA or as an unconstitutional racial gerrymander (a Shaw claim), violating the Constitution’s equal protection clause. There was no full airing of either issue in this fast-track litigation to draw the district lines.



    I suppose it’s fitting that Donald Trump, a lawless president, would saddle the country with a lawless Supreme Court. This isn’t merely a matter of “denying Biden the same deference” that it extended to the Trump administration, nor of enacting Republican policy preferences on farcical and frequently incoherent grounds. It has at least twice removed injunctions on laws that are “unquestionably illegal under controlling precedent.”

    What’s happened to the Supreme Court is, in broad strokes, consistent with what we’ve seen in other cases of democratic backsliding, such as Poland and Hungary.
    I like the federalist society invective. It reminds me there are passionate people on both sides.

    Of course, I’ll say the Supreme Court decided that the Wisconsin supreme court was out to lunch on their interpretation of the voting rights act. Yes, the Supreme Court wrote an unsigned opinion explaining that the previous justices did a shit job showing that a seventh black-majority district was required by the VRA. Imagine justices tackling the issue of whether a race-neutral district also satisfies VRA.

    Also, the Supreme Court rejected the Republican challenge to Wisconsins congressional district map, proposed by its Democratic governor. Clearly, the evil federalist society made an oversight and thought Evers was a Republican! Imagine the Supreme Court rejecting a challenge to Wisconsin’s Democrat-proposed congressional districts, but ordering the lower court back to reconsider the states’s state legislative districts. Almost as if they judged the two cases differently on their differences!

    Just more democracy-in-peril pablum from Democrats and allies to delegitimize a Supreme Court they can’t control. Sadly, predictable in the run-up to demanding legislative changes prior to declaring future elections fair and legitimate.
    "I wish it need not have happened in my time." "So do all who live to see such times. But that is not for them to decide. All we have to decide is what to do with the time that is given us."

  7. #7
    The Lightbringer uuuhname's Avatar
    3+ Year Old Account
    Join Date
    Apr 2021
    Posts
    3,897
    the fact the SCOTUS is such an obvious political football you have no right or reason to say one side should not do everything in their power to shift it to benefit themselves. ooooooh, right, that's only a problem when the democrats try and do it. silly me.

    oh well! I guess you'll just have to cope with the fact people don't see it as legitimate, kind of not their fault but yours, really.

  8. #8
    Quote Originally Posted by tehdang View Post
    I like the federalist society invective. It reminds me there are passionate people on both sides.
    Note: There is no "liberal" version of the Federalist Society, there are no "both sides".

    Quote Originally Posted by tehdang View Post
    Just more democracy-in-peril pablum from Democrats and allies to delegitimize a Supreme Court they can’t control.
    No, that was when McConnell played games with the SCOTUS and turned it into a Republican political institution, successfully completing a Republican project that had been in the works since the Nixon era.

    And the dramatic increase in the use of the shadow docket by this court since around 2018 should be a very concerning issue for everyone. Courts are supposed to be transparent and the shadow docket is supposed to be used in rare, exceptional cases, not with the regularity it's used now. Beyond that, the SCOTUS is literally creating new, unexplained legislation in their rulings -

    There's no citation of what part of the Fifteenth Amendment was being infringed, instead Justice Kavanaugh, with Alito concurring, created a new standard for when maps can and can't be drawn that does not have a Constitutional basis. This is an appointed Justice - not a lawmaker - creating additional legislation/amendments out of thin air.

  9. #9
    The Lightbringer uuuhname's Avatar
    3+ Year Old Account
    Join Date
    Apr 2021
    Posts
    3,897
    Quote Originally Posted by Edge- View Post
    No, that was when McConnell played games with the SCOTUS and turned it into a Republican political institution, successfully completing a Republican project that had been in the works since the Nixon era.
    but have you considered.... the Democrat's? Democrating all over the place? I mean you can't criticize the Republicans for their actions when the Democrats in a hypothetical situation could very well have done what McConnell has.

    it's not like the Dems have a slavish devotion to maintaining the legitimacy of our political institutions to a fault. where the Republicans can take advantage of that good faith and engage in... bad faith? NO! ridiculous...!
    Last edited by uuuhname; 2022-03-23 at 07:58 PM.

  10. #10
    Using the Federalist Papers as a both sides variable in an equation with a fictitious progressive version is so on the nose for the argument that these people truly need to believe the other side is just as fucking deplorable as they are. We aren’t, but they sure need to feel better about their awfulness somehow. A little self awareness would make them realize that all they have to do is quit being fucking terrible.

  11. #11
    Quote Originally Posted by Slacker76 View Post
    Do you ask yourself, "Who is fighting these gerrymandering and voter rights laws in court"?
    • Who files these cases?
    • Who argues these cases?


    It's not you, or shithead podcasters say "Dem dun doing nuthing".
    Democrat groups like Democracy Docket and Fair Fight Action, are doing the work and leading the way.
    If you cant even acknowledge the work being put in by allies you're not progressive jack.
    Just some bored gamer in it for the aesthetics.
    Didn't say groups, I was talking about the politicians themselves who largely sit on their asses unless drug, kicking and screaming, to do what needs to be done.

    I fully support the groups that bring these cases, I am condemning the politicians who only bring up this stuff when they lack the power to do anything about it and when they finally do get the power they either stop talking about it or give it away pretending to be "Bipartisan" even when they know this stuff needs to be done they just don't want to do it but can't say that because their voters do.

    These groups press the charges, how many of the politicians have actually passed the bills or at least given it a real try to pass them when they know it has a chance? With how things are, I am betting that Manchin and what's her name could flip to pass stuff only to have 1 or 2 others magically flip to ensure it didn't.
    Since we can't call out Trolls and Bad Faith posters and the Ignore function doesn't actually ignore it. Add
    "mmo-champion.com##li.postbitignored"
    to your ublock or adblock filter to actually ignore ignored posters. Now just need a way to ignore responses to them as well.

  12. #12
    The Lightbringer uuuhname's Avatar
    3+ Year Old Account
    Join Date
    Apr 2021
    Posts
    3,897
    Quote Originally Posted by unfilteredJW View Post
    We aren’t, but they sure need to feel better about their awfulness somehow.
    nah, they love it, not as much as they love giving the middle finger to "the leftTM(C)(R)" at every opportunity. what we have is a more.... refined or should I say CONSTRAINED attempt at Trump era nihilism.

  13. #13
    https://thehill.com/homenews/senate/...-supreme-court

    In a related note, Ben Sasse is arguing against efforts to improve transparency in the court. Weird given that we have a deeply compromised Justice Thomas, whose wife repeatedly fails to properly disclose her clients in time so that people paying the Thomas family are also in front of Justice Thomas making oral arguments. It's a major conflict of interest and something not allowed in lower courts, but Roberts seems perfectly acceptable keeping his court ethically and morally compromised.

  14. #14
    You know it's ironic. For years were were warned about "activist judges" by fuckwits who absolutely hated the idea of minorities gaining equal rights under the law, and yet here we are with the supreme court basically acting as another branch of the GOP. It's almost like their protests about the courts were complete bullshit the entire time. /surprisedpikachu

  15. #15
    Quote Originally Posted by s_bushido View Post
    You know it's ironic. For years were were warned about "activist judges" by fuckwits who absolutely hated the idea of minorities gaining equal rights under the law, and yet here we are with the supreme court basically acting as another branch of the GOP. It's almost like their protests about the courts were complete bullshit the entire time. /surprisedpikachu
    The crowd complaining about "activist judges" is the same crowd that's fine with the Federalist Society and Heritage Foundation training and grooming activist conservative judges, and providing pre-approved lists to Republicans when there is a nomination in order. These are very well funded organizations and are engaged in frequent political activism.

    There is literally no analog on "the left". There are a few woefully underfunded outfits, but none with the kind of muscle or influence of either the Heritage Foundation or Federalist Society, nor with the same goal of grooming activist judges.

  16. #16
    Quote Originally Posted by Fugus View Post
    Still wonder how far they can push it before they push too far and people actually start pushing back with more than just words, thoughts and prayers.

    Because, lets face it, the Democratic party won't push back, so it will likely fall onto the public at large to do so and force their hand.
    When the supreme court repeals Roe V. Wade with no exception for rape, incest or the life of the mother it will begin. They are also considering repealing Brown V. Board of education and whatever is left of the civil rights act. They are delaying it because of the election probably hoping it is forgotten about when the clown show that is Trump's second run is announced.

  17. #17
    Quote Originally Posted by Draco-Onis View Post
    When the supreme court repeals Roe V. Wade with no exception for rape, incest or the life of the mother it will begin. They are also considering repealing Brown V. Board of education and whatever is left of the civil rights act. They are delaying it because of the election probably hoping it is forgotten about when the clown show that is Trump's second run is announced.
    Honestly see this stuff getting worse before it gets better and the further they push it, the more they risk it turning bloody. It's like they are trying to create the civil war they kept crying about. Where they want to either overthrow the nation or die for the cause....
    Since we can't call out Trolls and Bad Faith posters and the Ignore function doesn't actually ignore it. Add
    "mmo-champion.com##li.postbitignored"
    to your ublock or adblock filter to actually ignore ignored posters. Now just need a way to ignore responses to them as well.

  18. #18
    Quote Originally Posted by Fugus View Post
    Honestly see this stuff getting worse before it gets better and the further they push it, the more they risk it turning bloody. It's like they are trying to create the civil war they kept crying about. Where they want to either overthrow the nation or die for the cause....
    I think the goal now is to have a dictatorship, it's the only card they have left to play the numbers are simply not in their favor. The GOP has not won an election in decades now it's been purely using electoral shenanigans that they hang on. Democrats want to maintain the status quo so they have been impotent but if they want this place to stay a democracy they will be forced to act. It's not like the old days the current GOP's future is Marjorie Taylor Green.

  19. #19
    The Lightbringer tehdang's Avatar
    7+ Year Old Account
    Join Date
    Mar 2015
    Location
    SoCal
    Posts
    3,203
    Quote Originally Posted by Edge- View Post
    Note: There is no "liberal" version of the Federalist Society, there are no "both sides".
    The legal profession that feeds into such judges is very liberal-biased. The Federalist Society rose up to address a need. See: There is no white version of the NAACP.

    No, that was when McConnell played games with the SCOTUS and turned it into a Republican political institution, successfully completing a Republican project that had been in the works since the Nixon era.

    And the dramatic increase in the use of the shadow docket by this court since around 2018 should be a very concerning issue for everyone. Courts are supposed to be transparent and the shadow docket is supposed to be used in rare, exceptional cases, not with the regularity it's used now. Beyond that, the SCOTUS is literally creating new, unexplained legislation in their rulings -
    Yes, Progressives have their own gripes with what constitutes delegitimizing the court.

    There's no citation of what part of the Fifteenth Amendment was being infringed, instead Justice Kavanaugh, with Alito concurring, created a new standard for when maps can and can't be drawn that does not have a Constitutional basis. This is an appointed Justice - not a lawmaker - creating additional legislation/amendments out of thin air.
    Under the Equal Protection Clause, districting maps that sort voters on the basis of race “‘are by their very nature odious.’” Shaw v. Reno, 509 U. S. 630, 643 (1993)
    - - - Updated - - -

    Quote Originally Posted by s_bushido View Post
    You know it's ironic. For years were were warned about "activist judges" by fuckwits who absolutely hated the idea of minorities gaining equal rights under the law, and yet here we are with the supreme court basically acting as another branch of the GOP. It's almost like their protests about the courts were complete bullshit the entire time. /surprisedpikachu
    "For years, we owned the important Supreme Court decisions, so we were totally behind whatever activist judges were doing. Once the Supreme Court tilted away from us, goshdarnit, ruling on what the law says and doesn't say became the GOP incarnate!"
    "I wish it need not have happened in my time." "So do all who live to see such times. But that is not for them to decide. All we have to decide is what to do with the time that is given us."

  20. #20
    Quote Originally Posted by tehdang View Post
    The legal profession that feeds into such judges is very liberal-biased.
    Citation needed*

    Because it seems like you're simply so far right that anyone not on the fringe is viewed as "left/liberal"

    Quote Originally Posted by tehdang View Post
    The Federalist Society rose up to address a need. See: There is no white version of the NAACP.
    There doesn't need to be a white version of the NAACP, there is no long and well documented history of institutional and systemic racism in the US. There was no "Civil Rights" movement for while people.

    This is just naked racism.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •