Legal/scotus thread

The Affirmative Action decision was correct. You dont fix racism with more racism. If anything AA caused more racism. I didnt read all the opinions from the court but I know a common argument for AA is that diversity enhances the education of the students but thats a load of crap. No one says historically black colleges are inferior because theres not enough white and hispanic students. They fundamentally misunderstand what the point of education is. Some think the point of education is to indoctrinate people into their own beliefs. And that is why our education system is sub par. And the most ironic thing in the world is that we kick people out of school for having abhorrent views. Because denying a person an education is the solution to ignorance. But thats the thing, its not about denying them an education because school is only 10% about education, the main point of school is to get a paper to help you get a job and thats what they want to deny them as a form of social justice.
 
I cant find any record on that with a quick google search, but I did see President Trump had lost 63 times in court at about the half way point of his Presidency.
 
How many times have courts ruled against actions taken by the Trump administration? And so far against the Biden administration?
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According to a 2021 report by the Brennan Center for Justice, federal courts ruled against the Trump administration 115 times in 2020. This was the most number of times that a president's administration had been ruled against in a single year since the center began tracking such data in 2009.

The Biden administration has also been ruled against by courts a number of times. As of June 2023, the administration has lost 21 cases in federal court, according to a tally by the Washington Post. However, the Post notes that this number is likely to be higher, as some cases are still pending.

It is important to note that not all of these rulings were against the administration's core policies. Some of the rulings were procedural in nature, such as rulings on whether the administration had followed the proper procedures when implementing a policy.

Despite the number of rulings against the Trump and Biden administrations, it is important to remember that the courts do not always rule against the administration. In fact, the Trump administration won a number of cases in court, including a case that upheld the travel ban on citizens from several Muslim-majority countries.

The number of times that courts rule against a president's administration is not necessarily a reflection of the quality of the administration's policies. It is also possible that the administration is simply being challenged more often than previous administrations.
 
The student loan case was wrongly decided. Roberts knew it which is why he went overboard declaring it a straight forward application of the law. The lady protested too much.

Congress wrote a statute poorly. They gave the president the power to waive student debt in a national emergency. COVID was a national emergency. If the conservatives were intellectually honest they would have upheld the cancellation as the plain meaning of the words supports Biden had the power. It's not the court's job to fix poorly drafted legislation. That's what they did here.

You can feel however you want about the wisdom of Biden's actions but the correct legal result was not reached today.
 
striker42 said:
The student loan case was wrongly decided. Roberts knew it which is why he went overboard declaring it a straight forward application of the law. The lady protested too much.

Congress wrote a statute poorly. They gave the president the power to waive student debt in a national emergency. COVID was a national emergency. If the conservatives were intellectually honest they would have upheld the cancellation as the plain meaning of the words supports Biden had the power. It's not the court's job to fix poorly drafted legislation. That's what they did here.

You can feel however you want about the wisdom of Biden's actions but the correct legal result was not reached today.
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I'm surprised the majority in this decision didn't invoke the nondelegation doctrine. It seems to me Congress wrote the law in question in such a broad way that the doctrine comes into play.
 
nsacpi said:
I'm surprised the majority in this decision didn't invoke the nondelegation doctrine. It seems to me Congress wrote the law in question in such a broad way that the doctrine comes into play.
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It's a specific power for use during national emergencies. So it's limited enough in scope.
 
striker42 said:
It's a specific power for use during national emergencies. So it's limited enough in scope.
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The Biden Administration seems to have had some doubts about whether its plan would pass constitutional muster. They eventually caved under pressure from Schumer, Warren and Sanders. It was an overreach. But I think the legal issues are not entirely clearcut.
 
nsacpi said:
The Biden Administration seems to have had some doubts about whether its plan would pass constitutional muster. They eventually caved under pressure from Schumer, Warren and Sanders. It was an overreach. But I think the legal issues are not entirely clearcut.
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Well, they didn't want it to end up in front of the scotus where partisan ideology could sink it. That's exactly what happened.

When you read the statutes, it's perfectly clear the secretary of education has the power.

I'll also say Barrett's opinion is nonsense. Her grocery store analogy sounds good to laymen but it's 100% not how statutory construction works. If Congress uses broad language, the assumption is that Congress intended to grant broad authority.
 
Where Clarence Thomas Entered an Elite Circle and Opened a Door to the Court
The exclusive Horatio Alger Association brought the justice access to wealthy members and unreported V.I.P. treatment. He, in turn, offered another kind of access.

By Abbie VanSickle and Steve Eder
July 9, 2023
Updated 1:01 p.m. ET


But a look at his tenure at the Horatio Alger Association, based on more than two dozen interviews and a review of public filings and internal documents, shows that Justice Thomas has received benefits — many of them previously unreported — from a broader cohort of wealthy and powerful friends. They have included major donors to conservative causes with broad policy and political interests and much at stake in Supreme Court decisions, even if they were not directly involved in the cases.

https://www.nytimes.com/2023/07/09/us/clarence-thomas-horatio-alger-association.html
 
Leah McElrath
@leahmcelrath
·
1h
Clarence Thomas and billionaire Dallas Cowboys owner:

“Over the years, he flew in Mr. Jones’s private jet. Mr. Jones gave him

a Super Bowl ring. He attended the Cowboys’ training camp,

and when the team played in Washington, he sat in the owner’s box.”
 
57Brave said:
Leah McElrath
@leahmcelrath
·
1h
Clarence Thomas and billionaire Dallas Cowboys owner:

“Over the years, he flew in Mr. Jones’s private jet. Mr. Jones gave him

a Super Bowl ring. He attended the Cowboys’ training camp,

and when the team played in Washington, he sat in the owner’s box.”
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Are Thomas and Sotomayor not allowed to ha e rich friends?
 
sturg33 said:
Are Thomas and Sotomayor not allowed to ha e rich friends?
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friends ?
perhaps

accept unreported gifts --- not so much
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the hard truth is, billionaires don't have friends

see, shoulda read The Great Gatsby when I told you years ago
 
What a racist. Guy makes something of himself and it’s not because he can be friend with them but because he’s on the take
 
57Brave said:
friends ?
perhaps

accept unreported gifts --- not so much
/////////////////////////////////////////////

the hard truth is, billionaires don't have friends

see, shoulda read The Great Gatsby when I told you years ago
Click to expand...

Oh. Have you not gotten around to whining about Sotomayor's gifts?
 
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